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Home My WebLink About20080612Application.pdf2ÐOB JW.' I 2 Ali 10: 69 " i'!\\¡,~i¡:~. . Q we s t.,''v" ",¡ i;::: iON Spirit of Service" Qwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law June 10, 2008 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. Q L. E ~ -08 -oS; Application for Approval of Interconnection Agreement XO Communications Services, Inc. Dear Ms. Jewell: (1 o"-'", Via Overnight delivery Enclosed for fiing is an original and three copies of the Application for Approval of an Interconnection Agreement between Qwest Corporation and XO Communications Services, Inc. Qwest respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approvaL. Please contact me if you have any questions concerning the enclosed. Thank you for your assistance in/~att L- mep cc: Service list r:: r-,::, r,i 't'''~.l ':'..:.. ~ '!....: Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr~qwest.com zoiio JU:'l , 2 AN 10: 09 APPLICATION OF QWEST CORPORATION FOR APPROVAL OF THE INTERCONNECTION AGREEMENT FOR THE STATE OF IDAHO PURSUANT TO 47 U.S.c. §252(e) BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO.: ~ wek 0 8 -o,- APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") hereby files this Application for Approval of Interconnection Agreement ("Agreement"). The Agreement with XO Communcations Services, Inc. ("XO") 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 Communcations 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 carier not a pary 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 wil enable XO to APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT - XO Comiunications Services, Inc.Page 1 interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest fuher requests that the Commission approve this Agreement without a hearng. Because this Agreement was reached through voluntar negotiations, it does not raise issues requiring a hearing and does not concern other paries not a pary to the negotiations. Expeditious approval would fuher the public interest. Respectfully submitted this Jfay of June, 2008. Qwe Corporation Adam . err Attorney for Qwest APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT- XO Coinunications Services, Inc. 'Page 2 CERTIFICATE OF SERVICE~ I hereby certify that on this ~ day of June, 2008, I served the foregoing APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT upon all parties of record in ths matter as follows: Jean Jewell, Secretary Idaho Public Utilties Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 jjewellaYpuc.state.id. us Hand Delivery U. S. Mail X Overnight Delivery Facsimile Email Rex Knowles XO Communications Services, Inc. 111 E. Broadway, Suite 1000 Salt Lake City, UT 84111 Hand Delivery -2 U. S. Mail Overnight Delivery Facsimile Email Gegi Leeger XO Communcations Services, Inc. 13865 Sunrise Valley Drive Herndon, VA 20171 Hand Delivery -2 U. S. Mail Overnight Delivery Facsimile Email APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT - XO Communications Services, Inc.Page 3 INTERCONNECTION AGREEMENT TERMS AND CONDITIONS FOR INTERCONNECTIOtlTlUh;'i'. UNBUNDLED NETWORK ELEMENTS, ANCILLARY SERVICES',""''? AND RESALE OF TELECOMMUNICATIONS SERVICES 10: 09 BETWEEN ~wE-T-o-OS- QWEST CORPORATION and '. XO COMMUNICATIONS SERVICES, INC. FOR THE STATE OF IDAHO Version 3.1 Agreement Number CDS-080415-0003 April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 TABLE OF CONTENTS SECTION 1.0 - GENERAL TERMS .................................................................................2 SECTION 2.0 -INTERPRETATION AND CONSTRUCTION ..........................................3 SECTION 3.0 - CLEC INFORMATION ............................................................................5 SECTION 4.0 - DEFINITIONS...................................................................... ................... 7 SECTION 5.0 - TERMS AND CONDITIONS .................................................................29 5.1 GENERAL PROViSiONS...................................................................................... 29 5.2 TERM OF AGREEMENT...................................................................................... 30 5.3 PROOF OF AUTHORIZATION ...............................................................................30 5.4 PAyMENT.........................................................................................................31 5.5 TAXES............................................................................................................. 33 5.6 INSURANCE...................... ............. ................................................................... 34 5.7 FORCE MAJEURE..............................................................................................34 5.8 LIMITATION OF LIABILITy....................................................................................35 5.9 INDEMNITY .......................................................................................................35 5.10 INTELLECTUAL PROPERTy.... ......... .................................................................... 37 5.11 WARRANTIES..................................................................................... ..............39 5.12 ASSiGNMENT.................................................................................................... 39 5.13 DEFAULT..........................................................................................................40 5.14 DISCLAIMER OF AGENCy..........................................................;................ ........40 5.15 SEVERABILITy.................................................................................................. 40 5.16 NONDiSCLOSURE..............................................................................................41 5.17 SURViVAL.........................................................................................................43 5.18 DISPUTE RESOLUTION ................... ................................................................... 43 5.19 CONTROLLING LAW........................ ................................................................... 44 5.20 RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION.....................................44 5.21 NOTICES ..........................................................................................................45 5.22 RESPONSIBILITY OF EACH PARTY ......................................................................45 5.23 No THIRD PARTY BENEFICIARIES ......................................................................46 5.24 INTENTIONALLY LEFT BLANK.............................................................................. 46 5.25 PUBLiCiTy........................ ............. ................................................................... 46 5.26 EXECUTED IN COUNTERPARTS..........................................................................46 5.27 COMPLIANCE....................................................................................................46 5.28 COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAW ENFORCEMENT ACT OF 1994 ............................................................................46 5.29 COOPERATION .................................................................................................46 5.30 AMENDMENTS ..................................................................................................47 5.31 ENTIRE AGREEMENT.........................................................................................47 SECTION 6.0 - RESALE ..............................................................................................48 6.1 DESCRIPTION ........................ ......................... ..................................................48 6.2 TERMS AND CONDITIONS............... ....... ...................... ........ ........ ............ ..........48 6.3 RATES AND CHARGES .......................................................................................53 6.4 ORDERING PROCESS..... ............... ...... ...... .......... .............................................. 54 6.5 BILLING........ ............. ....... ............ ........................................... .........................55 6.6 MAINTENANCE AND REPAIR....... ............................... .... .............. ....................... 56 6.7 COMMINGLING OF RESOLD SERVICES WITH UNBUNDLED NETWORK ELEMENTS AND COMBINATIONS OF UNBUNDLED NETWORK ELEMENTS ................56 April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 TABLE OF CONTENTS SECTION 7.0 -INTERCONNECTION...........................................................................57 7.1 INTERCONNECTION FACILITY OPTIONS ...............................................................57 7.2 EXCHANGE OF TRAFFIC ....................................................................................59 7.3 RECIPROCAL COMPENSATION......... .................................................................. 69 7.4 ORDERING....................................................................................................... 77 7.5 JOINTLY PROVIDED SWITCHED ACCESS SERVICES ............................................. 78 7.6 TRANSIT RECORDS ................................................................................. ..... .....79 7.7 LOCAL INTERCONNECTION DATA EXCHANGE FOR BILLlNG...................................79 SECTION 8.0 - COLLOCATION....................................................................................81 8.1 DEscRiPTioN...................................................................................................81 8.2 TERMS AND CONDITIONS.............. .................................................................... 83 8.3 RATE ELEMENTS............................................................................................ 115 8.4 ORDERING..................................................................................................... 125 8.5 BILLING.......................................................................................................... 140 8.6 MAINTENANCE AND REPAIR.............................................................................141 SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS ..............................................143 9.1 GENERAL TERMS............................................................................................ 143 9.2 UNBUNDLED Loops..............................................................................:.........157 9.3 SUBLOOP UNBUNDLING................................................................................... 176 9.4 INTENTIONALLY LEFT BLANK............................................................................187 9.5 NE1WORK INTERFACE DEVICE (NID) ............................................................... 187 9.6 UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT) .............................. 190 9.7 UNBUNDLED DARK FIBER.............................................................................~..196 9.1 0 INTENTIONALLY LEFT BLANK............................................................................ 204 9.11 INTENTIONALLY LEFT BLANK............................................................................ 204 9.12 INTENTIONALLY LEFT BLANK............................................................................ 204 9.13 INTENTIONALLY LEFT BLANK........................................ ....................................204 9.14 INTENTIONALLY LEFT BLANK............................................................................204 9.15 INTENTIONALLY LEFT BLANK.................................................................... ........ 204 9.16 INTENTIONALLY LEFT BLANK............................................................................204 9.17 INTENTIONALLY LEFT BLANK............................................................................ 204 9.18 ADDITIONAL UNBUNDLED ELEMENTS.................................................. ........ ...... 204 9.19 CONSTRUCTION CHARGES ..................................................... .........................204 9.20 INTENTIONALLY LEFT BLANK............................................................................ 206 9.21 INTENTIONALLY LEFT BLANK............................................................................206 9.22 INTENTIONALLY LEFT BLANK................................... .........................................206 9.23 UNBUNDLED NE1WORK ELEMENT COMBINATIONS ............................................ 206 9.24 Loop SPLITTING............................................................................................. 215 SECTION 10.0 - ANCILLARY SERVICES ..................................................................223 10.1 INTERIM NUMBER PORTABILITY............................................................... ........ 223 10.2 LOCAL NUMBER PORTABILITy..........................................................................230 10.3 911/E911 SERViCE........................................................................................237 10.4 WHITE PAGES DIRECTORY LISTINGS SERViCE.................................................. 242 10.5 DIRECTORY ASSISTANCE SERVICE ........................ ....................... ........ ...........246 10.6 DIRECTORY ASSISTANCE LIST ......................................................................... 250 10.7 TOLL AND ASSISTANCE OPERATOR SERVICES .................................................. 255 10.8 ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAy............ ...... .........259 April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 ii TABLE OF CONTENTS SECTION 11.0 - NETWORK SECURITY ....................................................................273 SECTION 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)............279 12.1 DEscRiPTioN................................................................................................. 279 12.2 OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROVISIONING ................. 279 12.3 MAINTENANCE AND REPAIR.............................................................................291 SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS............................................302 SECTION 14.0 - LOCAL DIALING PARITy.................................................................303 SECTION 15.0 - QWEST'S OFFICIAL DIRECTORY PUBLISHER.......,......................304 SECTION 16.0 - REFERRAL ANNOUNCEMENT .......................................................305 SECTION 17.0 - BONA FIDE REQUEST PROCESS..................................................306 SECTION 18.0 - AUDIT PROCESS ............................................................................309 SECTION 19.0 - CONSTRUCTION CHARGES ..........................................................312 SECTION 20.0 - SERVICE PERFORMANCE .............................................................313 SECTION 21.0 - NETWORK STANDARDS ................................................................314 SECTION 22.0 - SIGNATURE PAGE..........................................................................317 April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 iii EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K TABLE OF CONTENTS FOR EXHIBITS Rates Service Performance Indicators Service Interval Tables Qwest Right of Way, Pole Attachment and/or Innerduct Occupancy General Information Document Intentionally Left Blank Special Request Process Intentionally Left Blank Calculation of the Relative Use Factor (RUF) Individual Case Basis (ICB) Election of Reciprocal Compensation Option Performance Assurance Plan April 15, 2008/lhd/XO Communications/tD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 Section 1 General Terms Section 1.0 - GENERAL TERMS 1.1 This Agreement for Interconnection, Unbundled Network Elements, ancillary services, and resale of Telecommunications Services is betweenXO Communications Services, Inc., a Delaware Corporation with offices at 13865 Sunrise Valley Drive, Herndon, VA 20171 and Qwest Corporation (Qwest), a Colorado Corporation with offices at 1801 California Street, Denver, Colorado 80202, for purposes of fulfilling Qwests obligations under Sections 222, 251(a), (b), and (c), 252, and other relevant provisions of the Act and the rules and regulations promulgated there under. 1.2 Intentionally Left Blank. 1.3 This Agreement sets forth the terms, conditions and pricing under which Qwest will provide to CLEC network Interconnection, access to Unbundled Network Elements, ancillary services, and Telecommunications Services available for resale within the geographical areas in which Qwest is providing local Exchange Service at that time, and for which Qwest is the incumbent Local Exchange Carrier within the state of Idaho, for purposes of providing local Telecommunications Services. 1.4 Intentionally Left Blank. 1.5 Intentionally Left Blank. 1.6 Intentionally Left Blank. 1.7 Intentionally Left ßlank 1.8 With respect to the terms and provisions of this Agreement, Qwest has negotiated the Agreement in its entirety, and the inclusjon of any particular provision, or rate, term and condition, is not evidence of the reasonableness thereof when considered apart from all other provisions of the Agreement. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 2 Section 2 Interpretation and Construction Section 2.0 -INTERPRETATION AND CONSTRUCTION 2.1 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, Qwest Tariff or CLEC 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. 2.2 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 the execution date of this Agreement (the Existing Rules). Nothing in this Agreement shall be deemed an admission by Qwest or CLEC concerning the interpretation or effect of the Existing Rules or an admission by Qwest or CLEC that the Existing Rules should not be changed, vacated, dismissed, stayed or modified. Nothing in this Agreement shall preclude or estop Qwest or CLEC from taking any position in any forum concerning the proper interpretation or effect of the Existing Rules or concerning whether the Existing Rules should be changed, vacated, dismissed, stayed or modified. To the extent that the Existing Rules are vacated, dismissed, stayed or materially changed or modified, then this Agreement shall be amended, at the request of either Party to reflect such legally binding modification or change of the Existing Rules ("Legally Binding Change"). Where the Parties fail to agree upon such an amendment within sixty (60) Days after notification from a Party seeking amendment due to a modification or change of the Existing Rules or if any time during such sixty (60) Day period the Parties shall have ceased to negotiate such new terms for a continuous period of fifteen (15) Days, it shall be resolved in accordance with the Dispute Resolution provision of this Agreement. It is expressly understood that this Agreement will be corrected, or if requested by CLEC, amended as set forth in this Section 2.2, 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 requesting to incorporate such Legally Binding Change into the Agreement, any resulting amendment shall make the Legally Binding Change effective on the date for compliance specified in the Legally Binding Change. Where a Part April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 3 Section 2 Interpretation and Construction provides notice to the other Party within thirty (30) Days of the effective date of an order issuing a Legally Binding Change, requesting to incorporate such Legally Binding Change into the Agreement and a date for compliance has not been specified in the Legally Binding Change, any resulting amendment shall make the Legally Binding Change effective sixty (60) Days after either Party provides such notice. In the event neither Party provides notice within thirty (30) Days of the effective date of an order issuing a Legally Binding Change, the effective date of the Legally Binding Change shall be the effective date of the amendment unless the Parties agree to a different date. During the pendency of any negotiatiòn or arbitration 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 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. 2.2.1 In addition to, but not in limitation of, Section 2.2 above, nothing in this Agreement shall be deemed an admission by Qwest or CLEC concerning the interpretation or effect of any rule, regulation, statute, or interpretations thereof, including but not limited to the FCC's Triennial Review Order and/or its Triennial Review Remand Order and state rules, regulations, and laws as they may be issued or promulgated. Nothing in this Agreement shall preclude or estop Qwest or CLEC from taking any position in any forum concerning the proper interpretation or effect of any rule, regulation, or statute, or concerning whether the foregoing should be changed, vacated, dismissed, stayed or modified. 2.3 Unless otherwise specifically determined by the Commission, in cases of conflict between this Agreement and Qwests Tariffs, PCAT, methods and procedures, technical publications, policies, product notifications or other Qwest documentation relating to Qwests or CLEC's rights or obligations under this Agreement, then the rates, terms, and conditions of this Agreement shall prevaiL. To the extent another document abridges or expands the rights or obligations of either Party under this Agreement, the rates, terms and conditions of this Agreement shall prevaiL. 2.3.1 Intentionally Left Blank. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 4 Section 3 CLEC Information Section 3.0 - CLEC INFORMATION 3.1 Except as otherwise required by law, Qwest will not provide or establish Interconnection, Unbundled Network Elements, ancillary services and/or resale of Telecommunications Services in accordance with the terms and conditions of this Agreement prior to CLEC's execution of this Agreement. The Parties shall complete Qwests "New Customer Questionnaire," as it applies to CLEC's obtaining of Interconnection, Unbundled Network Elements, ancillary services, and/or resale of Telecommunications Services hereunder. 3.2 Subject to Section 3.2.2, prior to placing any orders for services under this Agreement, the Parties will jointly complete the following sections of Qwests "New Customer Questionnaire:" General Information Billing and Collection (Section 1) Credit Information Billing Information Summary Billing OSS and Network Outage Notification Contact Information System Administration Contact Information Ordering Information for LIS Trunks, Collocation, and Associated Products (if CLEC plans to order these services) Design Layout Request - LIS Trunking and Unbundled Loop (if CLEC plans to order these services) 3.2.1 The remainder of this questionnaire must be completed within two (2) weeks of completing the initial portion of the questionnaire. This questionnaire will be used to: Determine geographical requirements; Identify CLEC identification codes; Determine Qwest system requirements to support CLEC's specific activity; Collect credit information; Obtain Billing information; Create summary bills; Establish input and output requirements; Create and distribute Qwest and CLEC contact lists; and April 15, 200Sllhd/XO Communications/lD/Agreement Number CDS-OS0415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 5 Section 3 CLEC Information Identify CLEC hours and holidays. 3.2.2 CLECs that have previously completed a Questionnaire need not fil out a New Customer Questionnaire; however, CLEC wil update its New Customer Questionnaire with any changes in the required information that have occurred and communicate those changes to Qwest. Before placing an order for a new product, CLEC wil need to complete the relevant New Product Questionnaire and amend this Agreement. 3.3 Intentionally Left Blank. Intentionally Left Blank.3.4 April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 6 Section 4 Definitions Section 4.0 - DEFINITIONS "Access Service Request" or "ASR" means the industry guideline forms and supporting documentation used for ordering Access Services. The ASR will be used to order trunking and facilities between CLEC and Owest for Local Interconnection Service. "Access Services" refers to the interstate and intrastate switched access and private line transport services offered for the origination and/or termination of interexchange traffc. "Access Tandem Switch" is a Switch used to connect End Office Switches to interexchange Carrier Switches. Owests Access Tandem Switches are also used to connect and switch traffic between and among Central Office Switches within the same LATA and may be used for the exchange of local traffic. "Act" means the Communications Act of 1934 (47 U.S.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. "Advanced Services" refers to high speed, switched, broadband, wireline Telecommunications capability that enables users to originate and receive high-quality, voice, data, graphics or video Telecommunications using any technology. "Affliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term 'own' means to own an equity interest (or the equivalent thereof) of more than 10 percent. "AMI T1" is a transmission system sometimes used on loops to transmit OS 1 signals (1.544 Mbps) using Alternate Mark Inversion (AMI) line code. "Applicable Law" means all laws, statutes, common law, ordinances, codes, rules, guidelines, orders, permits and approval of any governmental regulations, including, but not limited to, the Act, the regulations, rules, and final orders of the FCC and the Commission, and any final orders and decisions of a court of competent jurisdiction reviewing the regulations, rules, or orders of the FCC or the Commission. "Application Date" means the date CLEC provides Owest an application for service containing required information as set forth in this Agreement. "ATIS" or "Alliance for Telecommunications Industry Solutions" is a North American telecommunication industry standards forum which, through its committees and working groups, creates, and publishes standards and guidelines designed to enable interoperability and Interconnection for Telecommunications products and services. ATIS Standards and Guidelines, as well as the standards of other industry fora, are referenced herein. "Automated Message Accounting" or "AMA" is the structure inherent in Switch technology that initially records telecommunication message information. AMA format is contained in the AMA document, published by Telcordia Technologies, or its successors, as GR-1100-CORE which defines the industry standard for message recording. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 7 Section 4 Definitions "Automatic Location Identification" or "ALI" 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 "ALI/DBMS" is an Enhanced 911/ (E911) database containing end user customer location information (including name, service address, telephone number, and sometimes special information from the local service provider) used to determine to which Public Safety Answering Point (PSAP) to route the call and used by the PSAP for emergency call handling (i.e., dispatch of emergency aid). "Automatic Location Identification Gateway" or "ALI Gateway" is a computer facility into which CLEC delivers Automatic Location Identification (ALI) data for CLEC customers. Access to the ALI Gateway will be via a dial-up modem using a common protocol. "Automatic Number Identification" or "ANI" is the Billing telephone number associated with the access line from which a call originates. ANI and Calling Party Number (CPN) usually are the same number. "Automatic Route SeleCtion" or "ARS" is a service feature that provides for automatic selection of the least expensive or most appropriate transmission facility for each call based on criteria programmed into a circuit Switch routing table or system. "Basic Exchange Telecommunications Service" means, unless otherwise defined in Commission rules and then it shall have the meaning set forth therein, a service offered to end user customers which provides the end user customer with a telephonic connection to, and a unique local telephone number address on, the public switched telecommunications network, and which enables such end user customer to generally place calls to, or receive calls from, other stations on the public switched telecommunications network. Basic residence and business line services are Basic Exchange Telecommunications Services. As used solely in the context of this Agreement and unless otherwise agreed, Basic Exchange Telecommunications Service includes access to ancillary services such as 911, directory assistance and operator services. "Bill Date" means the date on which a Billing period ends, as identified on the bilL. "Billing" involves the provision of appropriate usage data by one Telecommunications Carrier to another to facilitate customer Billing with attendant acknowledgments and status reports. It also involves the exchange of information between Telecommunications Carriers to process claims and adjustments. "Binder Groups" means the sub-units of a cable, usually in groups of 25, 50 or 100 color-coded twisted pairs wrapped in colored tape within a cable. "Bona Fide Request" or "BFR" shall have the meaning set forth in Section 17. "Bridged Tap" means the unused sections of a twisted pair subtending the Loop between the end user customer and the Serving Wire Center or extending beyond the end user customer's location. "Building", for the purposes of identifying the limited number of DS1 or DS3 loops a CLEC may request to that building, shall mean an area under one or more roofs, occupied by one or more April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 8 Section 4 Definitions customers, served by Owest regulated cable facilities through a single terminal owned or controlled by Owest. A building with a single terminal would be considered one building, while a building with multiple terminals would be considered multiple buildings. In multi tenant environments (MTE), a campus with multiple buildings and one terminal would be considered one building. "Business Line" means a Owest-owned switched access line used to serve a business customer, whether by Owest itself or by CLEC that leases the line from Owest. The number of Business Lines in a Wire Center shall equal the sum of all Owest business switched access lines, plus the sum of all UNE loops connected to that Wire Center, including UNE loops provisioned in combination with other unbundled elements. Among these requirements, Business Line tallies (1) shall include only those access lines connecting end user customers with Owest end-offices for switched services; (2) shall not include non-switched special access lines; and (3) shall account for ISDN and other digital access lines by counting each 64 kbps- equivalent as one line. For example, a DS1 line corresponds to twenty-four (24) 64 kbps- equivalents, and therefore to twenty-four (24) Business Lines. "Busy Line Verify/Busy Line Interrupt" or "BLV/BLI Traffc" means a call to an operator service in which the caller inquires as to the busy status of or requests an interruption of a call on another end user customer's Basic Exchange Telecommunications Service line. "Calling Party Number" or "CPN" is a Common Channel Signaling (CCS) parameter which refers to the ten digit number transmitted through a network identifying the calling party. Reference Owest Technical Publication 77342. "Carrier" or "Common Carrier" See Telecommunications Carrier. "Carrier Liaison Committee" or "CLC" is under the auspices of ATIS and is the executive oversight committee that provides direction as well as an appeals process to its subtending fora, the Network Interconnection Interoperability Forum (Nil F), the Ordering and Billing Forum (OBF), the Industry Numbering Committee (INC), and the Toll Fraud Prevention Committee (TFPC). On occasion, the CLC commissions ad hoc committees when issues do not have alogical home in one of the subtending forums. OBF and NIMC publish business process rules for their respective areas of concern. "Central Offce" means a building or a space within a building where transmission facilities or circuits are connected or switched. "Central Offce Switch" means a Switch used to provide Telecommunications Services, including, but not limited to: "End Office Switches" which are used to terminate end user customer station Loops, or equivalent, for the purpose of interconnecting to each other and to trunks; and "Tandem Office Switches" (or "Tandem Switches") which are used to connect and switch trunk circuits between and among other End Office Switches. CLEC Switch(es) shall be considered Tandem Office Switch(es) to the extent such Switch(es) serve(s) a comparable geographic area as Owests Tandem Office Switch. A fact-based consideration by the Commission of geography should be used to classify any Switch on a prospective basis. Nothing herein shall preclude the Parties from mutually agreeing that the relevant CLEC switches meet the requirements for tandem compensation without specific orders from the Commission. April 15, 2008/lhd/XO Communications/IO/ Agreement Number COS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 9 Section 4 Definitions "Centralized Automatic Message Accounting" or "CAMA" trunks are trunks using MF signaling protocol used to record Billing data. . "Centralized Message Distribution System" or "CMOS" means the operation system that Local Exchange Carriers use to exchange outcollect and lABS access messages among each other and other parties connected to CMOS. "Centrex" shall have the meaning set forth in Section 6.2.2.9. "Charge Number" is a Common Channel Signaling parameter, which refers to the number, transmitted through the network identifying the Billing number of the calling party. Charge Number frequently is not the Calling Party Number (CPN). "Collocation" is an arrangement where Owest provides space in Owest Premises for the placement of CLEC's equipment to be used for the purpose of Interconnection or access to Owest Unbundled Network Elements. "Collocation - Point of Interconnection" or "C-POI" is the point outside Owests Wire Center where CLEC's fiber facility meets Owests Fiber Entrance Facility, except where CLEC uses an Express Fiber Entrance Facility. In either case, Owest will extend or run the Fiber Entrance Facility to CLEC's Collocation Space. "Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C. § 332 and FCC rules and orders interpreting that statute. "Commingling" means the connecting, attaching, or otherwise linking of an Unbundled Network Element, or a Combination of Unbundled Network Elements, to one or more facilities or services that a requesting Telecommunications Carrier has obtained at wholesale from Owest, or the combination of an Unbundled Network Element, or a Combination of Unbundled Network Elements, with one or more such facilities or services. "Commingle" means the act of Commingling. "Commission" means the Idaho Public Utilities Commission. "Common Channel Signaling" or "CCS" means a method of exchanging call set up and network control data over a digital signaling network fully separate from the Public Switched Network that carries the actual calL. Signaling System 7 ("SS7:') is currently the preferred CCS method. "Communications Assistance for Law Enforcement Act" or "CALEA" refers to the duties and obligations of Carriers to assist law enforcement agencies by intercepting communications and records, and installing pen registers and trap and trace devices. "Competitive Local Exchange Carrier" or "CLEC" refers to a Party that has submitted a request, pursuant to this Agreement, to obtain Interconnection, access to Unbundled Network Elements, ancillary services, or resale of Telecommunications Services. CLEC is an entity authorized to provide local Exchange Service that does not otherwise qualify as an Incumbent Local Exchange Carrier (ILEC). "Confidential Information" shall have the meaning set forth in Section 5.16. April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 10 Section 4 Definitions "Cross Connection" is a cabling scheme between cabling runs, subsystems, and equipment using patch cords or jumper wires that attach to connection hardware on each end. "Current Service Provider" means the Party from which an end user customer is planning to switch its local Exchange Service or the Pårty from which an end user customer is planning to port its telephone number(s). "Custom Calling Features" comprise a group of features provided via a Central Offce Switch without the need for special Customer Premises Equipment. Features include, but are not limited to, call waiting, 3-way calling, abbreviated dialing (speed calling), call forwarding, and series completing (busy or no answer). "Custom Local Area Signaling Service" or "CLASS" is a set of call-management service features consisting of number translation services, such as call forwarding and caller identification, available within a Local Access and Transport Area ("LATA"). Features include, but are not limited to, automatic callback, automatic recall, calling number delivery, customer originated trace, distinctive ringing/call waiting, selective call forwarding and selective call rejection. "Customer Premises Equipment" or "CPE" means equipment employed on the premises of a Person other than a Carrier to originate, route or terminate Telecommunications (e.g., a telephone, PBX, modem pool, etc.). "Customer Usage Data" means the Telecommunications Service usage data of CLEC's customer, measured in minutes, sub-minute increments, message units or otherwise, that is recorded by Owest AMA equipment and forwarded to CLEC. "Dark Fiber" shall have the meaning set forth in Section 9.7.1. "Data Local Exchange Carrier" or "DLEC" is a CLEC interconnecting primarily for purposes of transporting data. "Day" means calendar days unless otherwise specified. "Dedicated Transport" means Owest transmission facilities between Wire Centers or switches owned by Owest, or between Wire Centers or switches owned by Owest and switches owned by CLEC, including, but not limited to, DS1, DS3, and OCn-capacity level services, as well as Dark Fiber, dedicated to a particular customer or carrier. "Demarcation Point" means the point where Owest owned or controlled facilities cease, and CLEC, end user customer, premises owner or landlord ownership or control of facilities begin. "Designed, Verified and Assigned Date" or "OVA" means the date on which implementation groups are to report that all documents and materials have been received and are complete. "Desired Due Date" means the desired service activation date as requested by CLEC on a service order. "Dialing Parity" shall have the meaning set forth in Section 14.1. "Digital Cross Connect System" or "DCS" is a function which provides automated Cross Connection of Digital Signal Level 0 (DSO) or higher transmission bit rate digital channels within April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 11 Section 4 Definitions physical interface facilities. Types of DCS include but are not limited to DCS 1/0s, DCS 3/1 s, and DCS 3/3s, where the nomenclature 1/0 denotes interfaces typically at the DS 1 rate or greater with Cross Connection typically at the DSO rate. This same nomenclature, at the appropriate rate substitution, extends to the other types of DCS specifically cited as 3/1 and 3/3. Types of DCS that cross connect Synchronous Transport Signal level 1 (STS-1 s) or other Synchronous Optical Network (SONET) signals (e.g., STS-3) are also DCS, although not denoted by this same type of nomenclature. DCS may provide the functionality of more than one of the aforementioned DCS types (e.g., DCS 3/3/1 which combines functionality of DCS 3/3 and DCS 3/1). For such DCS, the requirements will be, at least, the aggregation of requirements on the "component" DCS. In locations where automated Cross Connection capability does not exist, DCS will be defined as the combination of the functionality provided by a Digital Signal Cross Connect (DSX) or Light Guide Cross Connect (LGX) patch panels and D4 channel banks or other DSO and above multiplexing equipment used to provide the function of a manual Cross Connection. Interconnection is between a DSX or LGX to a Switch, another Cross Connection, or other service platform device. "Digital Signal Level" means one of several transmission rates in the time-division multiplex hierarchy. "Digital Signal Level 0" or "DSO" is the 64 Kbps standard speed for digitizing one voice conversation using pulse code modulation. There are twenty-four (24) DSO channels in a D81. "Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level signal in the time-division multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS1 is the initial level of multiplexing. There are twenty-eight (28) DS 1 s in a DS3. "Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level signal in the time-division multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS3 is defined as the third level of multiplexing. "Digital Subscriber Line Access Multiplexer" or "DSLAM" is a network device that: (i) aggregates lower bit rate DSL signals to higher bit-rate or bandwidth signals (multiplexing) and (ii) disaggregates higher bit-rate or bandwidth signals to lower bit-rate DSL signals (de- multiplexing). DSLAMs can connect DSL Loops with some combination of CLEC ATM, Frame Relay, or IP networks. The DSLAM must be located at the end of a copper Loop nearest the Serving Wire Center (e.g., in a Remote Terminal, Central Offce, or an end user customer's premises). "Digital Subscriber Loop" or "DSL" refers to a set of service-enhancing copper technologies that are designed to provide digital communications services over copper Loops either in addition to or instead of normal analog voice service, sometimes referred to herein as xDSL, including, but not limited to, the following: "ADSL" or "Asymmetric Digital Subscriber Line" is a Passband digital loop transmission technology that typically permits the transmission of up to 8 Mbps downstream (from the Central Office to the end user customer) and up to 1 Mbps digital signal upstream (from the end user customer to the Central Office) over one (1) copper pair. "HDSL" or "High-Data Rate Digital Subscriber Line" is a synchronous baseband DSL technology operating over one or more copper pairs. HDSL can offer 784 Kbps circuits over a single copper pair, T1 service over two (2) copper pairs, or future E1 service over April 15, 2008/lhd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 12 Section 4 Definitions three (3) copper pairs. "HDSL2" or "High-Data Rate Digital Subscriber Line 2" is a synchronous baseband DSL technology operating over a single pair capable of transporting a bit rate of 1.544 Mbps. "IDSL" or "ISDN Digital Subscriber Line" or "Integrated Services Digital Network Digital Subscriber Line" is a symmetrical, baseband DSL technology that permits the bi- directional transmission of up to 128 Kbps using ISDN CPE but not circuit switching. "SDSL" or "Symmetric Digital Subscriber Line" is a baseband DSL transmission technology that permits the bi-directional transmission from up to 160 kbps to 2.048 Mbps on a single pair. "VDSL" or "Very High Speed Digital Subscriber Line" is a baseband DSL transmission technology that permits the transmission of up to 52 Mbps downstream (from the Central Office to the end user customer) and up to 2.3 Mbps digital signal upstream (from the end user customer to the Central Offce). VDSL can also be 26 Mbps symmetrical, or other combination. "Directory Assistance Database" shall have the meaning set forth in Sections 10.5.2.2, 10.5.2.8, and 10.5.2.9. "Directory Assistance Lists" shall have the meaning set forth in Section 10.6.1.1. "Directory Assistance Service" includes, but is not limited to, making available to callers, upon request, information contained in the Directory Assistance Database. Directory Assistance Service includes, where available, the option to complete the call at the caller's direction. "Directory Listings" or "Listings" are any information identifying the listed names of subscribers of a Telecommunications Carrier and such subscribers' telephone numbers, addresses, or primary advertising classifications (as such classifications are assigned at the time of the establishment of such service), or any combination of such listed names, numbers, addresses or classifications: (1) that the Telecommunications Carrier provides or uses for the purpose of publishing the Listings in any directory format; or (2) that the Telecommunications Carrier provides or uses in Directory Assistance Service, Directory Assistance List Service, or for other lawful purposes. "Disturber" is defined as a technology recognized by industry standards bodies that significantly degrades service using another technology (such as how AMI T1x affects DSL). "DSX Panel" means a cross connect bay or panel used for the termination of equipment and facilities operating at digital rates. "Due Date" means the specific date on which the requested service is to be available to CLEC or to CLEC's end user customer, as applicable. "Effective Date" shall have the meaning set forth in Section 5.2.1. "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 April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 13 Section 4 Definitions 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. "Electronic File Transfer" means any system or process that utilizes an electronic format and protocol to send or receive data files. "Emergency Service Number" or "ESN" is a three to five digit number representing a unique combination of Emergency Response Agencies (law enforcement, fire and emergency medical service) designed to serve a specific range of addresses within a particular geographical area. The ESN facilitates Selective Routing and transfer, if required, to the appropriate PSAP and the dispatch of proper Emergency Response Agency(ies). "Enhanced Services" means any service offered over Common Carrier transmission facilities that employ computer processing applications that act on the format, content, code, protocol or similar aspects of a subscriber's transmitted information; that provide the subscriber with additional, different or restructured information; or involve end user customer interaction with stored information. "Enhanced 911" or "E911" shall have the meaning set forth in Section 1 0.3.1. "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" shall have the same meaning as in the Act. "Exchange Message Interface" or "EMI" means the format used for exchange of Telecommunications message information among Telecommunications Carriers. It is referenced in the Alliance for Telecommunications Industry Solutions (ATIS) document that defines industry guidelines for the exchange of message records. "Exchange Message Record" or "EMR" is the standard used for exchange of telecommunications message information between telecommunications providers for billable, non-billable, sample, settlement and study data. EMR format is contained in BR-01 0-200-01 0 CRIS Exchange Message Record, a Telcordia document that defines industry standards for exchange message records. "Exchange Service" or "Extended Area Service (EAS)/Local Traffc" means traffc that is originated and terminated within the Local Calling Area as defined in Qwests Southern Idaho and Northern Idaho Exchange and Network Services Catalogs. "FCC" means the Federal Communications Commission. "Fiber-based Collocator" means any carrier, unaffiliated with Qwest, that maintains a Collocation arrangement in a Qwest Wire Center, with active electrical power supply, and operates a fiber- April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 14 Section 4 Definitions optic cable or comparable transmission facility that (1) terminates at a Collocation arrangement within the Wire Center; (2) leaves the Qwest Wire Center premises; and (3) is owned by a party other than Qwest or any affiliate of Qwest, except as set forth in this paragraph. Dark fiber obtained from Qwest on an indefeasible right of use basis shall be treated as non-Qwest fiber- optic cable. Two (2) or more affiliated Fiber-based Collocators in a single Wire Center shall collectively be counted as a single Fiber-based Collocator. For purposes of this definition, the term "affliate" is defined by 47 U.S.C. § 153(1). "Fiber Meet" means an Interconnection architecture method whereby the Parties physically interconnect their networks via an optical fiber interface (as opposed to an electrical interface) at a mutually-agreed-upon location. "Finished Services" means complete end-to-end services offered by Qwest to wholesale customers or retail end user customers. Finished Services do not include Unbundled Network Elements or combinations of Unbundled Network Elements. Finished Services include Access Services, private lines, retail services, and resold services. "Firm Order Confirmation" or "FOC" means the notice Qwest provides to CLEC to confirm that CLEC's Local Service Order (LSR) has been received and has been successfully processed. The FOC confirms the schedule of dates committed to by Qwest for the Provisioning of the service requested. "Hub Provider" means an entity that (i) provides Common Channel Signaling (SS7) connectivity between the networks of service providers that are not directly connected to each other; or (ii) provides third party database services such as L1DB. The SS7 messages received b'f Hub Providers are accepted or rejected by the Hub Provider depending on whether a contractual arrangement exists between the Hub Provider and the message originator (sender) and whether the message originator has contracted for the type of SS7 messages being submitted for transmission to the Hub Provider. "Individual Case Basis" or "ICB" shall have the meaning set forth in Exhibit i. "Information Service" is the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via Telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a Telecommunications system or the management of a Telecommunications Service. "Integrated Digital Loop Carrier" means a subscriber loop carrier system, which integrates multiple voice channels within the Switch on a DS1 level signaL. "Integrated Services Digital Network" or "ISDN" refers to a digital circuit switched network service. Basic Rate ISDN (BRI) provides for channelized (two (2) bearer and one (1) data) end- to-end digital connectivity for the transmission of voice or data on either or both bearer channels and packet data on the data channeL. Primary Rate ISDN (PRI) provides for twenty-three (23) bearer channels and one (1) data channeL. For BRI, the bearer channels operate at 64 Kbps and the data channel at 16 Kbps. For PRI, all twenty-four (24) channels operate at 64 Kbps or 1.5 I\bps. "Interconnection" is as described in the Act and refers to the connection between networks for the purpose of transmission and routing of telephone Exchange Service traffic, Exchange April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 15 Section 4 Definitions Access, ISP-Bound traffic, VolP traffic (as defined below), and Jointly Provided Switched Access traffc. To the extent the Parties have previously been exchanging enhanced or information service traffic (e.g., traffic terminating to voice mail); nothing in this Amendment shall be construed to limit the ongoing exchange of such traffic. "Interconnection Agreement" or "Agreement" is an agreement entered into between Qwest and CLEC for Interconnection, Unbundled Network Elements or other services as a result of negotiations, adoption and/or arbitration or a combination thereof pursuant to Section 252 of the Act. When CLEC signs and delivers a copy of this Agreement to Qwest pursuant to the notice provision of the Agreement, it becomes the Interconnection Agreement between the Parties pursuant to Section 252(e) of the Act. "Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA or IntraLATA Toll services. "Interim Number Portability" or "INP" is a method of number portability, such as Remote Call Forwarding ("RCF") or any other comparable and technically feasible arrangement, that allows one Party to port telephone numbers from its network to the other Party's network with as little impairment of quality, reliability and convenience to the customer as possible, but does not comply with the Local Number Portability performance criteria set forth in 47 C.F.R. Section 52.23(a). "lntraLATA LEC Toll" means IntraLATA Toll traffic carried solely by a Local Exchange Carrier and not by an IXC. "lnterLATA Traffic" describes Telecommunications between a point located in a Local Access and Transport Area ("LATA") and a point located outside such area. "Interoperability" means the ability of a 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 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 Traffc" describes IntraLATA Traffc outside the Local Calling Area. "ISP-Bound Traffic" is defined in accordance with the FCC's "Order on Remand and Report and Order," in FCC Docket No. 99-68 (FCC 01-131) (released April 27, 2001). "LERG Reassignment" or "NXX Reassignment" means the reassignment of an entire NXX code shown in the LERG from one Carrier to another Carrier. "Line Side" refers to End Office Switch connections that have been programmed to treat the circuit as a local line connected to a terminating station (e.g., an end user customer's telephone station set, a PBX, answering machine, facsimile machine or computer). "Local Access Transport Area" or "LATA" is as defined in the Act. "Local Calling Area" is as defined in Qwests Southern Idaho and Northern Idaho Exchange and Network Services Catalogs. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 16 Section 4 Definitions "Local Exchange Carrier" or "LEC" means any Carrier that is engaged in the provision of telephone Exchange Service or Exchange Access. Such term does not include a Carrier insofar as such Carrier is engaged in the provision of a commercial mobile service under Section 332(c) of the Act, except to the extent that the FCC finds that such service should be included in the definition of such term. "Local Exchange Routing Guide" or "LERG" means a Telcordia Technologies Reference Document used by LECs and IXCs to identify NPA-NXX routing and homing information as well as Network Element and equipment designations. "Local Interconnection Service or "LIS" Entrance Facility" is a DS1 or DS3 facility that extends from CLEC's Switch location or Point of Interconnection (POi) to the Qwest Serving Wire Center. An Entrance Facility may not extend beyond the area served by the Qwest Serving Wire Center. "Local Interconnection Service" or "LIS" is the Qwest product name for its provision of Interconnection as described in Section 7 of this Agreement. "Local Number Portability" or "LNP" shall have the meaning set forth in Section 1 0.2.1.1. "Local Service Ordering Guide" or "LSOG" is a document developed by the OBF to establish industry-wide ordering and Billing processes for ordering local services. "Local Service Request" or "LSR" means the industry standard forms and supporting documentation used for ordering local services. "Location Routing Number" or "LRN" means a unique ten- (10)-digit number assigned to a Central Office Switch in a defined geographic area for call routing purposes. This ten- (10)-digit number serves as a network address and the routing information is stored in a database. Switches routing calls to subscribers whose telephone numbers are in portable NXXs perform a database query to obtain the Location Routing Number that corresponds with the Switch serving the dialed telephone number. Based on the Location Routing Number, the querying Carrier then routes the call to the Switch serving the ported number. The term "LRN" may also be used to refer to a method of LNP. "Loop" or "Unbundled Loop" shall have the meaning set forth in Section 9.2.1. "Loop Concentrator/Multiplexer" or "LCM" is the Network Element that does one or more of the following: aggregates lower bit rate or bandwidth signals to higher bit rate or bandwidth signals (multiplexing); disaggregates higher bit rate or bandwidth signals to lower bit rate or bandwidth signals ( demultiplexing); aggregates a specified number of signals or channels to fewer channels (concentrating); performs signal conversion, including encoding of signals (e.g., analog to digital and digital to analog signal conversion); or April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 17 Section 4 Definitions in some instances performs electrical to optical (E/O) conversion. LCM includes DLC, and D4 channel banks and may be located in Remote Terminals or Central Offces. "Main Distribution Frame" or "MDF" means a Qwest distribution frame (e.g., COSMICTM frame) used to connect Qwest cable pairs and line and trunk equipment terminals on a Qwest switching system. "Maintenance and Repair" involves the exchange of information between Carriers where one initiates a request for maintenance or repair of existing products and services or Unbundled Network Elements or combinations thereof from the other with attendant acknowledgments and status reports in order to ensure proper operation and functionality of facilities. "Maintenance of Service charge" is a Miscellaneous Charge that relates to trouble isolation work performed by Qwest. Basic Maintenance of Service charges apply when the Qwest technician performs work during standard business hours. Overtime Maintenance of Service charges apply when the Qwest technician performs work on a business day, but outside standard business hours, or on a Saturday. Premium Maintenance of Service charges apply when the Qwest technician performs work on either a Sunday or Qwest recognized holiday. "Master Street Address Guide" or "MSAG" is a database of street names and house number ranges within their associated communities defining particular geographic areas and their associated ESNs to enable proper routing of 911 calls. "Meet Point" is a point of Interconnection between two (2) networks, designated by two (2) Telecommunications Carriers, at which one Carrier's responsibility for service begins and the other Carrier's responsibility ends. "Meet-Point Billing" or "MPB" or "Jointly Provided -Switched Access" refers to an arrangement whereby two (2) LECs (including a LEC and CLEC) jointly provide Switched Access Service to an Interexchange Carrier, with each LEG (or CLEC) receiving an appropriate share of the revenues from the IXC as defined by their effective access Tariffs. "Mid-Span Meet" means an Interconnection between two (2) networks, designated by two (2) Telecommunications Carriers, whereby each provides its own cable and equipment up to the Meet Point of the cable facilities. "Miscellaneous Charges" mean charges that apply for miscellaneous services provided at CLEC's request or based on CLEC's actions that result in miscellaneous services being provided by Qwest, as described in this Agreement. "Mobile Wireless Service" means all mobile wireless telecommunications services, including commercial mobile radio service (CMRS). "Multiple Exchange Carrier Access Billing" or "MECAB" refers to the document prepared by the Billing Committee of the Ordering and Billing Forum (OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry Solutions (ATIS). The MECAB document, published by Telcordia Technologies as Special Report SR-BDS-000983, contains the recommended guidelines for the Billing of an access April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 18 Section 4 Definitions service provided by two (2) or more LECs (including a LEC and a CLEC), or by one (1) LEC in two (2) or more states within a single LATA. "Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for Access Services - Industry Support Interface, refers to the document developed by the Ordering/Provisioning Committee under the auspices of the Ordering and Billing Forum (OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry Solutions (ATIS). The MECOD document, published by Telcordia Technologies as Special Report SR STS-002643, establishes recommended guidelines for processing orders for access service which is to be provided by two (2) or more LECs (including a LEC and a CLEC). It is published by Telcordia Technologies as SRBDS 00983. "N-1 Carrier" means the Carrier in the call routing process immediately preceding the terminating Carrier. The N-1 Carrier is responsible for performing the database queries (under the FCC's rules) to determine the LRN value for correctly routing a call to a ported number. "National Emergency Number Association" or "NENA" is an association which fosters the technological advancement, availability and implementation of 911 Service nationwide through research, planning, training, certification, technical assistance and legislative representation. "Near Real Time" means that Qwests OSS electronically receives a transaction from CLEC, automatically processes that transaction, returns the response to that transaction to CLEC in an automatic event driven manner (without manual intervention) via the interface for the OSS function in question. Except for the time it takes to send and receive the transaction between Qwests and GLEC's OSS application, the processing time for Qwests representatives should be the same as the processing time for CLEC's representatives. Current benchmarks using TCIF 98-006 averages between two (2) and four (4) seconds for the connection and an average transaction transmittaL. The specific agreed metrics for Near Real Time transaction processing will be contained in the Performance Indicator Definitions (PIDs), where applicable. "Network Element" is a facility or equipment used in the provision of Telecommunications Service. It also includes features, functions, and capabilities that are provided by means of such facility or equipment, including subscriber numbers, databases, signaling systems, and information sufficient for Billing and collection or used in the transmission, routing, or other provision of a Telecommunications Service. "Network Installation and Maintenance Committee" or "NIMC" is the ATIS/CLC sub-committee responsible for developing business process rules for Maintenance and Repair or trouble administration. "Network Interface Device" or "NID" is a Network Element (including all of its features, functions and capabilities) that includes any means of Interconnection of end user customer premises wiring to Qwests distribution plant, such as a cross connect device used for that purpose. "New Service Provider" means the Party to which an end user customer switches its local Exchange Service or the Party to which an end user customer is porting its telephone number(s). "911 Service" shall have the meaning set forth in Section 10.3.1. "911/E911 Interconnection Trunk Groups" shall have the meaning set forth in Section 10.3.7. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 19 Section 4 Definitions "Non-Impaired Facilities" are those network elements identified in an applicable FCC order as no longer available as unbundled network elements ("UNEs") under 47 U.S.C. § 251(c)(3) as reflected in this Agreement based on non-impairment or tier designations. "Non-impaired Wire Center" means a Wire Center that meets the loop thresholds identified in 47 C.F.R. § 51.319(a)(4)(i) for DS1 Loops and 47 C.F.R. § 51.319(a)(5)(i) for DS3 Loops. Non- impaired Wire Centers also include Tier 1 and Tier 2 Wire Centers as defined in 47 C.F.R. § 51.319(e)(3) and subject to the limitations of 47 C.F.R. § 51.319(e)(2)(ii)(A) for DS1 Dedicated Transport and 47 C.F.R. § 51.319(e)(2)(iii)(A) for DS3 Dedicated Transport. "North American Numbering Council" or "NANC" means the federal advisory committee chartered by the FCC to analyze, advise, and make recommendations on numbering issues. "North American Numbering Plan" or "NANP" means the basic numbering plan for the Telecommunications networks located in the United States as well as Canada, Bermuda, Puerto Rico, Guam, the Commonwealth of the Marianna Islands and certain Caribbean Islands. The NANP format is a 10-digit number that consists of a 3-digit NPA code (commonly referred to as the area code) followed by a 3-digit NXX code and 4-digit line number. "Number Portability Administration Center" or "NPAC" means one (1) of the seven (7) regional number portability centers involved in the dissemination of data associated with ported numbers. The NPACs were established for each of the seven (7) original Bell Operating Company regions so as to cover the fifty (50) states, the District of Columbia and the U.S. territories in the North American Numbering Plan area. "Numbering Plan Area" or "NPA" is also sometimes referred to as an area code. It is a unique three-digit indicator that is defined by the "A," "B" and "C" digits of each 1 O-digit telephone number within the NANP. Each NPA contains 800 possible NXX Codes. There are two (2) general categories of NPA "Geographic NPA" is associated with a defined geographic area and all telephone numbers bearing such NPA are associated with services provided within that geographic area. A "Non-Geographic NPA," also known as a "Service Access Code" (SAC Code), is typically associated with a specialized Telecommunications Service which may be provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are examples of Non-Geographic NPAs. "NXX," "NXX Code," "Central Offce Code," or "CO Code" is the three- (3)-digit Switch entity code which is defined by the "0," "E" and "F" digits of a ten- (10) digit telephone number within the NANP. "Operational Support Systems" or "OSS" shall have the meaning set forth in Section 12. "Optional Testing" is testing conducted by Owest, at the request of CLEC, that is in lieu of testing CLEC should complete to isolate trouble to the Owest network prior to submittng a trouble ticket to Owest. "Ordering and Billing Forum" or "OBF" means the telecommunications industry forum, under the auspices of the Carrier Liaison Committee of the Alliance for Telecommunications Industry Solutions, concerned with inter-company ordering and Billing. "Originating Line Information Parameter" or "OLIP" is aCeS SS7 signaling parameter that identifies the line class of service, Le., originating screening and routing translation. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 20 Section 4 Definitions "P.01 Transmission Grade of Service" means a circuit switched trunk facility Provisioning standard with the statistical probability of no more than one (1) call in one hundred (100) blocked on initial attempt during the average busy hour. "Packet Switch" is a router designed to read the destination address in an incoming cell or packet, consult a routing table and route the packet toward its destination. Packetizing is done in originating CPE and reassembly is done in terminating CPE. Multiple packet formats or protocols exist (e.g., x.25, x.75, frame relay, ATM, and IP). "Parity" means the provision of non-discriminatory access to Interconnection, Resale, Unbundled Network Elements and other services provided under this Agreement to the extent legally required on rates, terms and conditions that are non-discriminatory, just and reasonable. Where Technically Feasible, the access provided by 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 CLEC and "Parties" means Owest and CLEC. "Percent Local Usage" or "PLU" is a calculation which represents the ratio of the local minutes to the sum of local and IntraLATA Toll minutes sent between the Parties over Local Interconnection trunks. Directory Assistance Services, CMRS traffic, transiting calls from other LECs and Switched Access Services are not included in the calculation of PLU. "Performance Indicator Definitions" or "PIDs" shall have the meaning set forth in Exhibit B. "Person" is a general term meaning an individual or association, corporation, firm, joint-stock company, organization, partnership, trust or any other form or kind of entity. "Physical Collocation" shall have the meaning set forth in Section 8.1.1. "Plant Test Date" or "PTD" means the date acceptance testing is performed with CLEC. "Point of Interface", "Point of Interconnection," or "POI" is a demarcation between the networks of two (2) LECs (including a LEC and CLEC). The POI is that point where the exchange of traffic takes place. "Point of Presence" or "POP" means the Point of Presence of an IXC. "Pole Attachment" shall have the meaning set forth in Section 10.8.1. "Port" means a line or trunk connection point, including a line card and associated peripheral equipment, on a Central Office Switch but does not include Switch features. The Port serves as the hardware termination for line or Trunk Side facilities connected to the Central Office Switch. Each Line Side Port is typically associated with one or more telephone numbers that serve as the Customer's network address. "POTS" means plain old telephone service. "Power Spectral Density (PSD) Masks" are graphical templates that define the limits on signal power densities across a range of frequencies to permit divergent technologies to coexist in close proximity within the same Binder Groups. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 21 Section 4 Definitions "Premises" refers to Qwests Central Offices and Serving Wire Centers; all buildings or similar structures owned, leased, or otherwise controlled by Qwest that house its network facilities; all structures that house Qwest facilities on public rights-of-way, including but not limited to vaults containing Loop Concentrators or similar structures; and all land owned, leased, or otherwise controlled by Qwest that is adjacent to these Central Offces, Wire Centers, buildings and structures. "Product Catalog" or "PCA T" is a Qwest document that provides information needed to request services available under this Agreement. Qwest agrees that CLEC shall not be held to the requirements of the PCAT. The PCAT is available on Qwests web site: http://www.qwest.com/wholesa le/pcat! "Project Coordinated Installation" allows CLEC to coordinate installation activity as prescribed in section 9.2.2.9.7, including out of hours coordination. "Proof of Authorization" or "POA" shall consist of verification of the end user customer's selection and authorization adequate to document the end user customer's selection of its local service provider. "Proprietary Information" shall have the same meaning as Confidential Information. "Provisioning" involves the exchange of information between Telecommunications Carriers where one executes a request for a set of products and services or Unbundled Network Elements or combinations thereof from the other with attendant acknowledgments and status reports "Pseudo Automatic Number Identification" or "Pseudo-ANI" is a number, consisting of the same number of digits as ANI, that is not a NANP telephone directory number and may be used in place of an ANI to convey special meaning, determined by agreements, as necessary, between the system originating the call, intermediate systems handling and routing the call, and the destination system. "Public Safety Answering Point" or "PSAP" is the public safety communications center where 911/E911 calls for a specific geographic area are answered. "Public Switched Network" includes all Switches and transmission facilities, whether by wire or radio, provided by any Common Carrier including LECs, IXCs and CMRS providers that use the NANP in connection with the provision of switched services. "Rate Center" identifies 1) the specific geographic point identified by specific vertical and horizontal (V&H) coordinates, that is used to measure distance sensitive end user customer traffc to/from the particular NPA-NXX designations with the specific Rate Center, and 2) the corresponding geographic area which is associated with one or more particular NPA-NXX codes which have been assigned to a LEC for its provision of Telephone Exchange Service. "Ready for Service" or "RFS" - A Collocation job is considered to be Ready for Service when Qwest has completed all operational work in accordance with CLEC Application and makes functional space available to CLEC. Such work includes, but is not necessarily limited to: DC power (fuses available, Battery Distribution Fuse Board (BDFB) is powered, and cables between CLEC and power are terminated), cage enclosures, primary AC outlet, cable racking, and circuit terminations (e.g., fiber jumpers are placed between the outside plant fiber April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 22 Section 4 Definitions distribution panel and the Central Offce fiber distribution panel serving CLEC) and APOT/CFA are complete, telephone service, and other services and facilities ordered by CLEC for Provisioning by the RFS date. "Records Issue Date" or "RID" means the date that all design and assignment information is sent to the necessary service implementation groups. "Remote Call Forwarding" or "RCF" means the INP method that redirects calls within the telephone network. If an end user customer changes its local service provider from one Party to the other Party, using RCF, the old service provider's switch will route the end user customer's calls to the new service provider by translating the dialed number into another telephone number with an NXX corresponding to the new service provider's switch. The new service provider then completes the routing of the call to its new end user customer. "Remote Premises" means all Qwest Premises, other than Qwest Wire Centers or adjacent to Qwest Wire Centers. Such Remote Premises include controlled environmental vaults, controlled environmental huts, cabinets, pedestals and other Remote Terminals. "Remote Terminal" or "RT" means a cabinet, vault or similar structure at an intermediate point between the end user customer and Qwests Central Office, where Loops are aggregated and hauled to the Central Offce or Serving Wire Center using LCM. A Remote Terminal may contain active electronics such as digital loop carriers, fiber hubs, DSLAMs, etc. "Reseller" is a category of CLECs that purchase the use of Finished Services for the purpose of reselling those Telecommunications Services to their end user customers. "Reserved Numbers" means those telephone numbers that are not in use but that are held in reserve by a Carrier under a legally enforceable written agreement for a specific end user customer's future use. "Route" is a transmission path between one of Qwests Wire Centers or switches and another of Qwests Wire Centers or Switches. A route between two (2) points (e.g., Wire Center or Switch "A" and Wire Center or Switch "Z") may pass through one (1) or more intermediate Wire Centers or Switches (e.g., Wire Center or Switch "X"). Transmission paths between identical end points (e.g., Wire Center or Switch "A" and Wire Center or Switch "Z") are the same "route," irrespective of whether they pass through the same intermediate Wire Centers or Switches, if any. "Scheduled Issued Date" or "SID" means the date the order is entered into Qwests order distribution system. "Selective Router" means the equipment necessary for Selective Routing. "Selective Routing" is the automatic routing of 911/E911 calls to the PSAP that has jurisdictional responsibility for the service address of the caller, irrespective of telephone company exchange or Wire Center boundaries. Selective Routing may also be used for other services. "Service Date" or "SO" means the date service is made available to the end user customer. This also is referred to as the "Due Date." April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 23 Section 4 Definitions "Service Provider Identification" or "SPID" is the number that identifies a service provider to the relevant NPAC. The SPID may be a state-spe'cfic number. "Serving Wire Center" denotes the Wire Center from which dial tone for local Exchange Service would normally be provided to a particular end user customer premises. "Signaling System 7" or "SS7" is an out-of-band signaling protocol consisting of four basic sub- protocols: 1) Message Transfer Part (MTP), which provides functions for basic routing of signaling messages between signaling points; 2) Signaling Connection Control Part (SCCP), which provides additional routing and management functions for transfer of messages other than call setup between signaling points; 3) Integrated Services Digital Network User Part (ISUP), which provides for transfer of call setup signaling information between signaling points; and 4) Transaction Capabilities Application Part (TCAP), which provides for transfer of non-circuit related information between signaling points. "Special Request Process" or "SRP" shall have the meaning set forth in Exhibit F. "Spectrum Compatibility" means the capability of two (2) copper .Ioop transmission system technologies to coexist in the same cable without service degradation and to operate satisfactorily in the presence of cross talk noise from each other. Spectrum compatibility is defined on a per twisted pair basis for specific well-defined transmission systems. For the purposes of issues regarding Spectrum Compatibility, service degradation means the failure to meet the Bit Error Ratio (BER) and Signal-to-Noise Ratio (SNR) margin requirements defined for the specific transmission system for all Loop lengths, model Loops, or loss values within the requirements for the specific transmission system. "Splitter" means a device used in conjunction with a DSLAM either to combine or separate the high (DSL) and low (voice) frequency spectrums of the Loop in order to provide both voice and data over a single Loop. "Stand-Alone Test Environment" or "SATE" shall have the meaning set forth in Section 12.2.9.3.2. "Subloop" shall have the meaning set forth in Section 9.3.1.1. "Suspended Lines" means subscriber lines that have been temporarily disconnected. "Switch" means a switching device employed by a Carrier within the Public Switched Network. Switch includes but is not limited to End Office Switches, Tandem Switches, Access Tandem Switches, Remote Switching Modules, and Packet Switches. Switches may be employed as a combination of End Offce/Tandem Switches. "Switched Access Service" means the offering of transmission and switching services to Interexchange Carriers for the purpose of the origination or termination of telephone toll service. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 24 Section 4 Definitions Switched Access Services include: Feature Group A, Feature Group B, Feature Group D, 8XX access, and 900 access and their successors or similar Switched Access Services. "Switched Access Traffic," as specifically defined in Qwests interstate Switched Access Tariffs, is traffic that originates at one of the Party's end user customers and terminates at an IXC Point of Presence, or originates at an IXC Point of Presence and terminates at one of the Party's end user customers, whether or not the traffic transits the other Party's network. "Synchronous Optical Network" or "SONET" is a TDM-based (time division multiplexing) standard for high-speed fiber optic transmission formulated by the Exchange Carriers Standards Association (ECSA) for the American National Standards Institute ("ANSI"). "CLEC Tariff' refers to CLEC's interstate access tariffs and state access tariffs. "Qwest Tariff" as used throughout this Agreement refers to Qwests interstate tariffs and state tariffs, price lists, and price schedules. "Technically Feasible" Interconnection, access to Unbundled Network Elements, Collocation, and other methods of achieving Interconnection or access to Unl:undled Network Elements at a point in the network shall be deemed Technically Feasible absent technical or operational concerns that prevent the fulfillment of a request by a Telecommunications Carrier for such Interconnection, access, or methods. A determination of technical feasibility does not include consideration of economic, accounting, Billing, space, or site concerns, except that space and site concerns may be considered in circumstances where there is no possibility of expanding the space available. The fact that an incumbent LEC must modify its facilities or equipment to respond to such request does not determine whether satisfying such request is Technically Feasible. An incumbent LEC that claims that it cannot satisfy such request because of adverse network reliability impacts must prove to the Commission by clear and convincing evidence that such Interconnection, access, or methods would result in specific and significant adverse network reliability impacts. "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. "Telecommunications Carrier" means any provider of Telecommunications Services, except that such term does not include aggregators of Telecommunications Services (as defined in Section 226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the Act only to the extent that it is engaged in providing Telecommunications Services, except that the Federal Communications Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage. "Telecommunications Equipment" means equipment, other than Customer Premises Equipment, used by a Carrier to provide Telecommunications Services, and include software integral to such equipment, including upgrades. "Telecommunications Services" means the offering of Telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 25 Section 4 Definitions "Telephone Exchange Service" means a service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the Exchange Service charge, or comparable service provided through a system of Switches, transmission equipment or other facilities (or combinations thereof) by which a subscriber can originate and terminate a Telecommunications Service. "TELRIC" means Total Element Long-Run Incremental Cost. "Tier 1 Wire Centers" means those Qwest Wire Centers that contain at least four (4) Fiber- based Collocators, at least thirty-eight thousand (38,000) Business Lines, or both. Tier 1 Wire Centers also are those Qwest tandem switching locations that have no line-side switching facilities, but nevertheless serve as a point of traffic aggregation accessible by CLEC. Once a Wire Center is determined to be a Tier 1 Wire Center that Wire Center is not subject to later reclassification as a Tier 2 or Tier 3 Wire Center. "Tier 2 Wire Centers" means those Qwest Wire Centers that are not Tier 1 Wire Centers, but contain at least three (3) Fiber-based Collocators, at least twenty-four thousand (24,000) Business Lines, or both. Once a Wire Center is determined to be a Tier 2 Wire Center, that Wire Center is not subject to later reclassification as a Tier 3 Wire Center. "Tier 3 Wire Centers" means those Qwest Wire Centers that do not meet the criteria for Tier 1 or Tier 2 Wire Centers. "Toll Free Service" means service provided with any dialing sequence that invokes Toll Free, i.e., 800-like, service processing. Toll Free Service currently includes calls to the Toll Free Service 800/888/877/866 NPA SAC codes. "Transaction Set" is a term used by ANSI X12 and elsewhere that denotes a collection of data, related field rules, format, structure, syntax, attributes, segments, elements, qualifiers, valid values that are required to initiate and process a business function from one trading partner to another. Some business function events, e.g., pre-order inquiry and response are defined as complimentary Transaction Sets. An example of a Transaction Set is service address validation inquiry and service address validation response. "Trouble Isolation Charge" - see "Maintenance of Service." "Trunk Side" refers to Switch connections that have been programmed to treat the circuit as connected to another switching entity. "Unbundled Network Element" ("UNE") is a Network Element that has been defined by the FCC as a Network Element to which Qwest is obligated under Section 251 (c)(3) of the Act to provide unbundled access or for which unbundled access is provided under this Agreement. Unbundled Network Elements do not include those Network Elements Qwest is obligated to provide only pursuant to Section 271 of the Act. "UNE Combination" means a combination of two (2) or more Unbundled Network Elements that were or were not previously combined or connected in Qwests network, as required by the FCC, the Commission or this Agreement. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 26 Section 4 Definitions "Virtual Collocation" shall have the meaning set forth in Sections 8.1.1.1 and 8.2.2.1. "VoIP" (Voice over Internet Protocol) traffic is traffic that: A) originates in Internet Protocol at the end user customer premises using IP-Telephone handsets, end-user customer premises Internet Protocol (IP) adapters, CPE-based Internet Protocol Telephone (IPT) Management "plug and play" hardware, IPT application management and monitoring hardware or such similar equipment (collectively "VoIP Equipment" and is transmitted over a broadband connection to the VolP Provider. The Parties agree that VolP will be treated as an Information Service and is subject to interconnection and compensation rules and treatment pursuant to this Agreement based on the supposition that the VolP Provider Point of Presence CPOP") is an end user premises. The VolP Provider POP is an end user premises for calls coming from and going to the VolP Provider POP. "VoIP Provider POP (Point Of Presence)" is any portion of CLEC's network or network facilities that is dedicated to the transmission and routing of VolP traffic to or from Qwests network, including but not limited to a multiplexer port or DSX panel jack. "Voluntary Federal Subscriber Financial Assistance Programs" are Telecommunications Services provided to low-income subscribers, pursuant to requirements established by the Commission or the FCC. "Waste" means all hazardous and non-hazardous substances and materials which are intended to be discarded, scrapped or recycled, associated with activities CLEC or Qwest or their respective contractors or agents perform at Work Locations. It shall be presumed that all substances or materials associated with such activities, that are not in use or incorporated into structures (including without limitation damaged components or tools, leftovers, containers, garbage, scrap, residues or by products), except for substances and materials that CLEC, 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 structures are no longer in current use. "Wire Center" means the location of a Qwest local switching facility containing one or more Central Offces, as defined in the Appendix to Part 36, Chapter 1 of Title 47 of the Code of Federal Regulations. Wire Center boundaries define the area in which all customers served by a given Wire Center are located. "Wired and Office Tested Date" or "WOT" means the date by which all intraoffce wiring is completed, all plug-ins optioned and aligned, frame continuity established, and the interoffice facilities, if applicable, are tested. This includes the date that switching equipment, including translation loading, is installed and tested. "Work Locations" means any real estate that CLEC or 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. Terms used in the telecommunications industry and not defined here or in the Act and the orders and the April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 27 Section 4 Definitions rules implementing the Act shall have the meanings most commonly given those terms in the telecommunications industry. Unless otherwise provided under Applicable Law, the terms "customer" and "end user customer" in this Agreement are used for descriptive purposes only, and the inclusion of either term in any provision of this Agreement shall not be construed as a substantive limitation on the Persons or types of Persons to whom either Party mayor must provide a particular service, including but not limited to services provided using one or more services obtained under this Agreement. April 15, 2008/lhd/XO Communications/l D/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 28 Section 5 Terms and Conditions Section 5.0 - TERMS AND CONDITIONS 5.1 General Provisions 5.1.1 Intentionally Left Blank. 5.1.2 The Parties are each solely responsible for participation in and compliance with national network plans, including the National Network Security Plan and the Emergency Preparedness Plan. 5.1.3 Neither Party shall use any of the services provided in this Agreement in any manner that interferes with other Persons in the use of their service, prevents other Persons from using their service, or otherwise impairs the quality of service to other Carriers or to either Party's customers ("Hindrance"). In addition, neither Party's provision of or use of services shall interfere with the services related to or provided under this Agreement. 5.1.3.1 If such Hindrance is material and poses an immediate threat to the safety of a Party's employees, customers or the public or poses an immediate threat of a service interruption, that Party shall provide immediate notice by email to the other Party's designated representative(s) for the purposes of receiving such notification. Such notice shall include 1) identification of the Hindrance (including the basis for identifying the other Party's facilities as the cause of the Hindrance), 2) date and location of the Hindrance, and 3) the proposed remedy for such Hindrance for any affected service. Either Party may discontinue the specific service that violates the provision or refuse to provide the same type of service iHt reasonably appears that the particular service would cause similar harm, until the violation of this provision has been corrected to the reasonable satisfaction of that Party and the service shall be reinstituted as soon as reasonably possible. The Parties shall work cooperatively and in good faith to resolve their differences. In the event either Party disputes any action that the other Party seeks to take or has taken pursuant to this provision, that Party may pursue immediate resolution by expedited or other Dispute Resolution. 5.1.3.2 If the Hindrance is service impacting but does not meet the parameters set forth in Section 5.1.3.1, such as low level noise or other interference, the affected Party shall provide written notice within five (5) Days of such Hindrance to the other Party and such notice shall include the information set forth in subsection 5.1.3.1. The Parties shall work cooperatively and in good faith to remedy the Hindrance. If the Hindrance has not been corrected or cannot be corrected within five (5) business days of receipt of the notice of non-compliance, the affected Party may pursue immediate resolution by expedited or other Dispute Resolution. 5.1.3.3 If either Party causes non-service impacting Hindrance the other Party shall provide written notice within fifteen (15) Days of the Hindrance to the other Party and such notice shall include the information set forth in subsection 5.1.3.1. The Parties shall work cooperatively and in good faith to remedy the Hindrance. If either Party fails to correct any such Hindrance within fifteen (15) Days of written notice, or if such non- compliance cannot be corrected within fifteen (15) Days of written notice of non- compliance, and if the impairing Party fails to take all appropriate steps to correct as soon as reasonably possible, the other Party may pursue immediate resolution by expedited or other Dispute Resolution. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30,2007 29 Section 5 Terms and Conditions 5.1.3.4 It is the responsibility of either Party to inform its customers of service impacting the Hindrance. that may result in discontinuance of service as soon as the Party receives notice of same. 5.1.4 Each Party is solely responsible for the services it provides to its customers and to other Telecommunications Carriers. This provision is not intended to limit the liability of either Party for its failure to perform under this Agreement. 5.1.5 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. 5.1.6 Nothing in this Agreement shall prevent either Party from seeking to recover the costs and expenses, if any, it may incur in (a) complying with and implementing its obligations under this Agreement, the Act, and the rules, regulations and orders of the FCC and the Commission, and (b) the development, modification, technical installation and maintenance of any systems or other infrastructure which it requires to comply with and to continue complying with its responsibilities and obligations under this Agreement. Notwithstanding the foregoing, Owest shall not assess any charges against CLEC for services, facilities, Unbundled Network Elements, ancillary services and other related work or services covered by this Agreement, unless the charges are expressly provided for in this Agreement. All services and capabilities currently provided hereunder and all new and additional services or Unbundled Network Elements to be provided hereunder, shall be priced in accordance with all applicable provisions of the Act and the rules and orders of the Federal Communications Commission and orders of the Commission. 5.2 Term of Agreement 5.2.1 This Agreement shall become effective on the date of Commission ApprovaL. This Agreement shall be binding upon the Parties for a term of three (3) years and shall expire on August 1, 2011. 5.2.2 Upon expiration of the term of this Agreement, this Agreement shall continue in full force and effect until superseded by a successor agreement in accordance with this Section 5.2.2. 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. 5.2.2.1 Prior to the conclusion of the term specified above, CLEC may obtain Interconnection services under the terms and conditions of a then-existing SGAT or agreement to become effective at the conclusion of the term or prior to the conclusion of the term if CLEC so chooses. 5.3 Proof of Authorization 5.3.1 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. April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 30 Section 5 Terms and Conditions 5.3.2 The Parties shall make POAs available to each other upon request in the event of an allegation of an unauthorized change in accordance with all Applicable Laws and rules and shall be subject to any penalties contained therein. 5.4 Payment 5.4.1 Amounts payable under this Agreement are due and payable to the billing Party ("Billing Party") 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. 5.4.2 The Billing 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(s) 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 furtber 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. In addition to other remedies that may be available at law or equity, the billed Party reserves the right to seek equitable relief, including injunctive relief and specific performance. 5.4.3 The Billing Party may disconnect services for failure by the billed Party to make full payment, less any good faith disputed amount(s) as provided for in Section 5.4.4 of this Agreement, for the services provided under this Agreement within sixty (60) Days following the Payment Due Date. The billed Party will pay the applicable reconnect charge set forth in Exhibit A required to reconnect each service disconnected pursuant to this paragraph. The Billing Party will notify the billed Party at least ten (10) business days prior to disconnection of the service(s). In case of such disconnection, all applicable undisputed charges, including termination charges, shall become due. If the Billing Party does not disconnect the billed Party's service(s) on the date specified in the ten (10) business days notice, and the billed Party's noncompliance continues, nothing contained herein shall preclude the Billing Party's right to disconnect services of the non-complying Party without further notice. For reconnection of the services to occur, the billed Party will be required to make full payment of all past and current undisputed charges under this Agreement for the services. Additionally, the Billing Party will request a deposit (or recalculate the deposit) as specified in Section 5.4.5 and 5.4.7 from the billed Party, pursuant to this Section. If the billed Party is a new CLEC customer of Owest, the application of this provision will be suspended for the initial three (3) Billing cycles of this Agreement and will not apply to amounts biled 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. April 15, 2008/1hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 31 Section 5 Terms and Conditions 5.4.4 Should ClEC or Qwest dispute, in good faith, any portion of the charges under this Agreement, the Parties will notify each other in writing within thirty (30) Days following the Payment Due Date identifying the amount, reason and rationale of such dispute. At a minimum, ClEC and Qwest shall pay all undisputed amounts due. Both ClEC and Qwest agree to expedite the investigation of any disputed amounts, promptly provide reasonably requested documentation regarding the amount disputed, and work in good faith in an effort to resolve and settle the dispute through informal means prior to invoking any other rights or remedies. 5.4.4.1 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 aftér the resolution of the dispute. If a Party pays the disputed charges and the dispute is resolved in favor of the Billing Party, no further action is required. 5.4.4.2 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 latepayment charges. In no event, however, will any late payment charges be assessed on any previously assessed late payment charges. 5.4.4.3 If a Party fails to dispute a charge and discovers an error on a bill it has paid after the period set forth in Section 5.4.4, the Party may, no later than two (2) years following the Payment Due Date, dispute the bill through an informal process, through an Audit pursuant to the Audit provision of this Agreement, through the Dispute Resolution provision of this Agreement, or applicable state statutes or Commission rules. 5.4.5 In cases where a new ClEC with no established credit history, or a ClEC that has not established satisfactory credit with Qwest, or the Party is repeatedly delinquent in making its payments, or is being reconnected after a disconnection of Service or discontinuance of the processing of orders by Qwest due to a previous failure to pay repeatedly delinquent undisputed charges in a timely manner, Qwest may request a security deposit. Upon written notice to ClEC, Qwest may require a deposit to be held as security for the payment of charges before the orders from ClEC 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 April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 32 Section 5 Terms and Conditions twelve (12) month period. The initial deposit may not exceed the estimated total monthly charges for a two (2) month period based upon recent Billing. The deposit may be adjusted by CLEC's actual monthly average charges or payment history under this Agreement, 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 Qwest, 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, unless CLEC disputes the basis for such demand, and non-payment is subject to Sections 5.4.2 and 5.4.3 of this Agreement. 5.4.6 Interest will be paid on cash deposits at the rate applying to deposits under applicable Commission regulations. Cash deposits and accrued interest will be credited to CLEC's account or refunded, as appropriate, upon the earlier of the expiration of the term of the Agreement or the establishment of satisfactory credit with Qwest, which will generally be one full year of timely payments of undisputed amounts in full by CLEC. Upon a material change in financial standing, including factors referenced in Section 5.4.5 above, CLEC may request and the Qwest will consider a recalculation of the deposit. The fact that a deposit has been made does not relieve CLEC from any requirements of this Agreement. 5.4.7 Qwest may review CLEC's credit standing and modify the amount of deposit required or refund such deposit pursuant to Section 5.4.6, but in no event will the maximum amount exceed the amount stated in 5.4.5 or another amount, if approved by the Commission. 5.4.8 The late payment charge for amounts that are billed under this Agreement shall be in accordance with Commission requirements. 5.4.9 In accordance with Commission requirements, CLEC shall be responsible for notifying its customer's of any pending disconnection of a service by GLEC, if necessary, to allow those customers to make other arrangements for such services. 5.5 Taxes 5.5.1 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 the 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. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 33 Section 5 Terms and Conditions 5.6 Insurance 5.6.1 Each Party shall at all times during the term of this Agreement, at its own cost and expense, carry and maintain the insurance coverage listed below with insurers having a "Best's" rating of A-VII with respect to liability arising from that Party's operations for which that Party has assumed legal responsibility in this Agreement. If either Party or its parent company has assets equal to or exceeding ten billion dollars ($10,000,000,000), that Party may utilize an Affiliate captive insurance company in lieu of a "Best's" rated insurer. To the extent that the parent company of a Party is relied upon to meet the ten billion dollar ($10,000,000,000) asset threshold, such parent shall be responsible for the insurance obligations contained in this Section 5.6.1, to the extent its affiliated Party fails to meet such obligations. 5.6.1.1 Workers' Compensation with statutory limits as required in the state of operation and Employers' Liability insurance with limits of not less than one hundred thousand dollars ($100,000) each accident. 5.6.1.2 Commercial General Liability insurance covering claims for bodily injury, death, personal injury or property damage occurring or arising out of the use or occupancy of the premises, including coverage for independent contractor's protection (required if any work will be subcontracted), premises-operations, products and/or completed operations and contractual liability with respect to the liability assumed by each Party hereunder. The limits of insurance shall not be less than one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate limit. 5.6.1.3 Business automobile liability insurance covering the ownership, operation and maintenancè of all owned, non-owned and hired motor vehicles with limits of not less than one million dollars ($1,000,000) per occurrence for bodily injury and property damage. 5.6.1.4 Umbrella/Excess Liability insurance in an amount of ten million dollars ($10,000,000) excess of Commercial General Liability insurance specified above. Theselimits may be obtained through any combination of primary and excess or umbrella liability insurance so long as the total limit is eleven million dollars ($11,000,000). 5.6.1.5 "All Risk" Property coverage on a full replacement cost basis insuring all of CLEC personal property situated on or within the Premises or Remote Premises. 5.6.2 Each Party will initially provide certificate(s) of insurance evidencing coverage, and thereafter will provide such certificate(s) upon request. Such certificates shall (1) name the other Party as an additional insured under commercial general liability coverage; (2) provide thirty (30) Days prior written notice of cancellation of the policy(s) to which certificate(s) relate; (3) indicate that coverage is primary and not excess of, or contributory with, any other valid and collectible insurance purchased by the other Party; and (4) acknowledge severability of interest/cross liability coverage. 5.7 Force Majeure 5.7.1 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, April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 34 Section 5 Terms and Conditions embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, volcanic action, other major environmental disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event). Inability to secure products or services of other Persons or transportation facilities or acts or omissions of transportation carriers shall be considered Force Majeure Events to the extent any delay or failure in performance caused by these circumstances is beyond the Party's control and without that Party's fault or negligence. The Party affected by a Force Majeure Event shall give prompt notice to the other Party, shall be excused from performance of its obligations hereunder on a day to day basis to the extent those obligations are prevented by the Force Majeure Event, and shall use reasonable efforts to remove or mitigate the Force Majeure Event. In the event of a labor dispute or strike the Parties agree to provide service to each other at a level equivalent to the level they provide themselves. 5.8 Limitation of Liability 5.8.1 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 CLEC 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. 5.8.2 Neitler 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 5.8.2 shall limit amounts due and owing under any Performance Assurance Plan. 5.8.3 Intentionally Left Blank. 5.8.4 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. 5.8.5 Nothing contained in this Section 5.8 shall limit either Party's obligations of indemnification specified in this Agreement, nor shall this Section 5.8 limit a Party's liability for failing to make any payment due under this Agreement. 5.8.6 Intentionally Left Blank. 5.9 Indemnity 5.9.1 The Parties agree that unless otherwise specifically set forth in this Agreement the following constitute the sole indemnification obligations between and among the Parties: 5.9.1.1 Each of the Parties agrees to release, indemnify, defend and hold April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 35 Section 5 Terms and Conditions harmless the other Party and each of its offcers, 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. 5.9.1.2 In the case of claims or loss alleged or incurred by a customer of either Party arising out of or in connection with services provided to the customers by the Party, the Party whose customer alleged or incurred such claims or loss (the Indemnifying Party) shall defend and indemnify the other Party and each of its offcers, directors, employees and agents (collectively the Indemnified Party) against any and all such claims or loss by the Indemnifying Party's customers regardless of whether the underlying service was provided or Unbundled Network Element was provisioned by the Indemnified Party, unless the loss was caused by the willful misconduct or gross negligence of the Indemnified Party. The obligation to indemnify with respect to claims of the Indemnifying Party's 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. 5.9.1.3 Intentionally Left Blank. 5.9.1.4 Intentionally Left Blank. 5.9.2 The indemnification provided herein shall be conditioned upon: 5.9.2.1 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. 5.9.2.2 If the Indemnifying Party wishes to defend against such action, it shall give written notice to the Indemnified Party of acceptance of the defense of such action. In such event, the Indemnifying Party shall have sole authority to defend any such action, including the selection of legal counsel, and the Indemnified Party may engage separate legal counsel only at its sole cost and expense. In the event that the Indemnifying Party does not accept the defense of the action, the Indemnified Party shall have the right to employ counsel for such defense at the expense of the Indemnifying Party. Each Party agrees to cooperate with the other Party in the defense of any such action and the relevant records of each Party shall be available to the other Party with respect to any such defense. 5.9.2.3 In no event shall the Indemnifying Party sette or consent to any judgment pertaining to any such action without the prior written consent of the Indemnified Party. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 36 Section 5 Terms and Conditions 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. 5.10 Intellectual Property 5.10.1 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. 5.10.2 Subject to Section 5.9.2, each Party (the Indemnifying Party) shall indemnify and hold the other Party (the Indemnified Party) harmless from and against any loss, cost, expense or liability arising out of a claim that the use of facilities of the Indemnifying Party or services provided by the Indemnifying Party provided or used pursuant to the terms of this Agreement misappropriates or otherwise violates the intellectual property rights of any third party. In addition to being subject to the provisions of Section 5.9.2, the obligation for indemnification recited in this paragraph shall not extend to infringement which results from (a) any combination of the facilities or services of the Indemnifying Party with facilities or services of any other Person (including the Indemnified Party but excluding the Indemnifying Party and any of its Affiliates), which combination is not made by or at the direction of the Indemnifying Party or (b) any modification made to the facilities or services of the Indemnifying Party by, on behalf of or at the request of the Indemnified Party and not required by the Indemnifying Party. In the event of any claim, the Indemnifying Party may, at its sole option (a) obtain the right for the Indemnified Party to continue to use the facility or service; or (b) replace or modify the facility or service to make such facility or service non-infringing. If the Indemnifying Party is not reasonably able to obtain the right for continued use or to replace or modify the facility or service as provided in the preceding sentence and either (a) the facility or service is held to be infringing by a court of competent jurisdiction or (b) the Indemnifying Party reasonably believes that the facility or service will be held to infringe, the Indemnifying Party shall notify the Indemnified Party and the Parties shall negotiate in good faith regarding reasonable modifications to this Agreement necessary to (1) mitigate damage or comply with an injunction which may result from such infringement or (2) allow cessation of further infringement. The Indemnifying Party may request that the Indemnified Party take steps to mitigate damages resulting from the infringement or alleged infringement including, but not limited to, accepting modifications to the facilities or services, and such request shall not be unreasonably denied. 5.10.3 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 GLEG 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 GLEG 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. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 37 Section 5 Terms and Conditions 5.10.3.1 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 CLEe 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 modified and will not knowingly modify any existing license agreements for any network facilities, equipment or services, including software, in whole or in part for the purpose of disqualifying CLEC from using or interconnecting with such facilities, equipment or services, inçluding software, pursuant to the terms of this Agreement. To the extent that providers of facilities, equipment, services or software in Owests 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 CLEC. 5.10.4 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. 5.10.5 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 Affliates; 2) it is part of a joint business association or any similar arrangement with the other or its Affiliates; -3) the other Party and its Affiliates are in any way sponsoring, endorsing or certifying it and its goods and services; or 4) with respect to its marketing, advertising or promotional activities or materials, the resold goods and services are in any way associated with or originated from the other or any of its Affiliates. Nothing in this paragraph shall prevent either Party from truthfully describing the Network Elements it uses to provide service to its 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. 5.10.6 For purposes of resale only and notwithstanding the above, unless otherwise prohibited by Owest pursuant to an applicable provision herein, CLEC may use the phrase "CLEC is a Reseller of Owest Services" (the Authorized Phrase) in CLEC's printed materials provided: 5.10.6.1 The Authorized Phrase is not used in connection with any goods or services other than Owest services resold by CLEC. 5.10.6.2 CLEC's use of the Authorized Phrase does not cause customers to believe that CLEC is Owest. 5.10.6.3 The Authorized Phrase, when displayed, appears only in text form (CLEC 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 CLEC's name and in no event shall exceed 8 point size. 5.10.6.4 CLEC shall provide all printed materials using the Authorized Phrase to Owest for its prior written approval. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 38 Section 5 Terms and Conditions 5.10.6.5 If Owest determines that CLEC's use of the Authorized Phrase causes customer confusion, Owest may immediately terminate CLEC's right to use the Authorized Phrase. 5.10.6.6 Upon termination of CLEC'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 CLEC shall immediately cease any and all such use of the Authorized Phrase. CLEC shall either promptly return to Owest or destroy all materials in its possession or control displaying the Authorized Phrase. 5.10.7 Owest and CLEC each recognize that nothing contained in this Agreement is intended as an assignment or grant to the other of any right, title or interest in or to the trademarks or service marks of the other (the Marks) and that this Agreement does not confer any right or license to grant sublicenses or permission to third parties to use the Marks of the other and is not assignable. Neither Party will do anything inconsistent with the other's ownership of their respective Marks, and all rights, if any, that may be acquired by use of the Marks shall inure to the benefit of their respective Owners. The Parties shall comply with all Applicable Law governing Marks worldwide and neither Party will infringe the Marks of the other. 5.10.8 Upon request, for all intellectual propertý owned or controlled by a third party and licensed to Owest associated with the Unbundled Network Elements provided by Owest under this Agreement, either on the Effective Date or at any time during the term of the Agreement, Owest shall within ten (10) business days, unless there are extraordinary circumstances in which case Owest will negotiate an agreed upon date, then disclose to CLEC in writing (i) the name of the Party owning, controlling or licensing such intellectual property, (ii) the facilities Of equipment associated with such intellectual property, (iii) the nature of the intellectual property, and (iv) the relevant agreements or licenses governing Owests use of the intellectual property. Except to the extent Owest is prohibited by confidentiality or other provisions of an agreement or license from disclosing to CLEC any relevant agreement or license within ten (10) business days of a request by CLEC, Owest shall provide copies of any relevant agreements or licenses governing Owests use of the intellectual property to CLEC. To the extent Owest is prohibited by confidentiality or other provisions of an agreement or license from disclosing to CLEC any relevant agreement or license, Owest shall immediately, within ten (10) business days (i) disclose so much of it as is not prohibited, and (ii) exercise best efforts to cause the vendor, licensor or other beneficiary of the confidentiality provisions to agree to disclosure of the remaining portions under terms and conditions equivalent to those governing access by and disclosure to Owest. 5.11 Warranties 5.11.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THAT ALL PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS," WITH ALL FAULTS. 5.12 Assignment 5.12.1 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 April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 39 Section 5 Terms and Conditions this Agreement to a corporate Affiliate or an entity under its common control without the consent of the other Party, provided that the performance of this Agreement by any such assignee is guaranteed by the assignor. Any attempted assignment or transfer that is not permitted is void ab initio. Without limiting the generality of the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the Parties' respective successors and assigns. 5.12.2 In the event that Owest transfers to any unaffiliated party exchanges including customers that CLEC serves in whole or in part through facilities or services provided by Owest under this Agreement, the transferee shall be deemed a successor to Owests responsibilities hereunder for a period of ninety (90) Days from notice to CLEC of such transfer or until such later time as the Commission may direct pursuant to the Commission's then applicable statutory authority to impose such responsibilities either as a condition of the transfer or under such other state statutory authority as may give it such power. In the event of such a proposed transfer, Owest shall use its best efforts to facilitate discussions between CLEC and the transferee with respect to transferee's assumption of Owests obligations pursuant to the terms of this Agreement. 5.12.3 Nothing in this section is intended to restrict CLEC's rights to opt into interconnection agreements under Section 252(i) of the Act and 47 C.F.R. § 51.809. 5.13 Default 5.13.1 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. 5.14 Disclaimer of Agency 5.14.1 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 responsibiliy for the management of the other Party's business. 5.15 Severability 5.15.1 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 the Parties are unable to negotiate replacement language within ninety (90) days of either Party's written notice requesting such replacement language, the Parties shall commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement. 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 that is invalid or unenforceable. In all other respects, this Agreement April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3,1, April 30, 2007 40 Section 5 Terms and Conditions 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. 5.16 Nondisclosure 5.16.1 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, customer specific, facility specific, or usage specific information, other than 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. 5.16.2 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. 5.16.3 Each Party shall keep all of the other Party's Proprietary Information confidential and will disclose it on a need to know basis only. Each Party shall use the other Party's Proprietary Information only in connection with this Agreement and in accordance with Applicable Law, including but not limited to, 47 U.S.C. § 222. In accordance with Section 222 of the Act, when either Party receives or obtains Proprietary Information from the other Party for purposes of providing any Telecommunications Services, that Party shall use such information only for such purpose, and shall not use such information for its own marketing efforts. Neither Party shall use the other Party's Proprietary Information for any other purpose except upon such terms and conditions as may be agreed upon between the Parties in writing. Violations of these obligations shall subject a Party's employees to disciplinary action up to and including termination of employment. If either Party loses, or makes an unauthorized disclosure of, the other Party's Proprietary Information, it will notify such other Party immediately and use reasonable efforts to retrieve the information. 5.16.4 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 April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 41 Section 5 Terms and Conditions b) is or becomes publicly known through no wrongful act of the receiving Party; or c) 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; or d) 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; or e) is disclosed to a non-affiliated third Person by the disclosing Party without similar restrictions on such third Person's rights; or f) 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 suffcient notice of the requirement to the disclosing Party to enable the disclosing Party to seek protective orders. 5.16.5 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. However,if the Federal Communications Commission or the Commission requires that Proprietary Information be disclosed by the receiving Party pursuant to Applicable Law or regulation, the receiving Party shall give suficient notice of the requirement to the disclosing Party to enable the disclosing Party to seek protective orders. In addition either Party shall have the right to disclose Proprietary Information to any mediator, arbitrator, state or federal regulatory body, the Department of Justice or any court in the conduct of any proceeding arising under or relating in any way to this Agreement or the conduct of either Party in connection with this Agreement, including without limitation the approval of this Agreement, or in any proceedings concerning the provision of InterLATA services by Qwest that are or may be required by the Act. The Parties agree to cooperate with each other in order to seek appropriate protection or treatment of such Proprietary Information pursuant to an appropriate protective order in any such proceeding. 5.16.6 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. 5.16.7 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. 5.16.8 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. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 42 Section 5 Terms and Conditions 5.16.9 Forecasts provided by either Party to the other Party shall be deemed Confidential Information and the Parties may not distribute, disclose or reveal, in any form, this material other than as allowed and described in subsections 5.16.9.1 and 5.16.9.2. 5.16.9.1 The Parties may disclose, on a need to know basis only, a Party's individual forecasts and forecasting information disclosed to legal personnel in connection with their representation of the disclosing Party to the receiving Party in any bona fide dispute regarding the quality or timeliness of the forecast as it relates to any reason for which the disclosing Party provided it to the receiving Party under this Agreement, as well as to the disclosing Party's wholesale account managers, wholesale LIS and Collocation product managers, network and growth planning personnel responsible for preparing or responding to such forecasts or forecasting information. In no case shall retail marketing, sales or strategic planning have access to this forecasting information. The Parties will inform all of the aforementioned personnel with access to such Confidential Information, of its confidential nature and will require personnel to execute a nondisclosure agreement which states that, upon threat of termination, the aforementioned personnel may not reveal or discuss such information with those not authorized to receive it except as specifically authorized by law. Violations of these requirements shall subject the personnel to disciplinary action up to and including termination of employment. 5.16.9.1.1 Upon the specific order of the Commission, Owest may provide the forecast information that CLEC has made available to Owest under this Agreement, provided that Owest shall first notify CLEC, unless .the Commission direols otherwise and initiate any procedures necessary to protect the confidentiality and to prevent the public release of the information pending. any applicable Commission procedures, in order to allow it to prosecute such procedures to their completion. 5.16.9.2 The Parties shall maintain confidential forecasting information in secure files and locations such that access to the forecasts is limited to the personnel designated in subsection 5.16.9.1 above and such that no other personnel have computer access to such information. 5.17 Survival 5.17.1 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. 5.18 Dispute Resolution 5.18.1 The Parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of, or relating to, this Agreement. Dispute resolution under the procedures provided in this Section 5.18 shall be the preferred, but not the exclusive, remedy for all disputes between Owest and CLEC arising out of this Agreement or its breach. Each Party reserves its rights to resort to the Commission or to a court, agency, or regulatory authority of competent jurisdiction. 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 April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 43 Section 5 Terms and Conditions 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. 5.18.2 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 either a federal or state court in the State in which this Agreement has been filed with the Commission, or in a forum to which both Parties have agreed. 5.18.3 - Waiver of Jury Trial and Class Action. Each Party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to pursue any claim or action arising out of or relating to this Agreement on a class or consolidated basis or in a representative capacity. 5.18.4 No cause of action, including disputes raised pursuant to Section 5.4.4, regardless of the form, arising out of or relating to this Agreement, may be brought by either Party more than two (2) years after the cause of action arises. 5.19 Controllng Law 5.19.1 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 fdaho. 5.20 Responsibility for Environmental Contamination 5.20.1 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 offcers, 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. 5.20.2 In the event any suspect materials within Owest-owned, operated or leased facilities are identified to be asbestos containing, CLEC will ensure that to the extent any activities which it undertakes in the facility disturb such suspect materials, such CLEC activities will be in accordance with applicable local, state and federal environmental and health and safety statutes and regulations. Except for abatement activities undertaken by CLEC or equipment placement activities that result in the generation of asbestos-containing material, April 15, 2008/1hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 44 Section 5 Terms and Conditions CLEC does not have any responsibility for managing, nor is it the owner of, nor does it have any liability for, or in connection with, any asbestos-containing materiaL. Owest agrees to immediately notify CLEC if Owest undertakes any asbestos control or asbestos abatement activities that potentially could affect CLEC personnel, equipment or operations, including, but not limited to, contamination of equipment. 5.21 Notices 5.21.1 Any notices required by or concerning this Agreement shall be in writing and shall be suffciently given if delivered personally, delivered by prepaid overnight express service, or sent by certified mail, return receipt requested, or by email where specified in this Agreement to Owest and CLEC at the addresses shown below: Owest Corporation Director Interconnection Agreements 1801 California, Room 2400 Denver, CO 80202 Email: intagreeCCqwest.com Phone: 303-965-3029 Fax: 303-896-7077 With a copy to: Owest Law Department Attn: Corporate Counsel, Interconnection 1801 California Street, 10th Floor Denver, CO 80202 and to CLEC:With a copy to: Rex Knowles XO Communications Services, Inc. 111 E. Broadway, Suite 1000 Salt Lake City, UT 84111 Email: Rex.KnowlesCCxo.com Phone: 801-983-1504 Fax: 802-983-1667 Gegi Leeger XO Communications Services, Inc. 13865'Sunrise Valley Drive Herndon, VA 20171 Email: Gegi.Leeger(Qxo.com Phone: 703-547-2109 Fax: 703-547-3694 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. 5.22 Responsibility of Each Party 5.22.1 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 April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 45 Section 5 Terms and Conditions (ii) the acts of its own Affliates, employees, agents and contractors during the performance of that Party's obligations hereunder. 5.23 No Third Party Beneficiaries 5.23.1 The provisions of this Agreement are for the benefit of the Parties and not for any other Person. This Agreement will not provide any Person not a Party to this Agreement with any rem~dy, claim, liability, reimbursement, claim of action, or other right in excess of those existing by reference in this Agreement. 5.24 Intentionally Left Blank 5.25 Publicity 5.25.1 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. 5.26 Executed in Counterparts 5.26.1 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. 5.27 Compliance 5.27.1 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 GLEG agree to keep and maintain in full force and effect all permits, licenses, certificates, and other authorities needed to perform their respective obligations hereunder. 5.28 Compliance with the Communications Assistance Law Enforcement Act of 1994 5.28.1 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. 5.29 Cooperation 5.29.1 The Parties agree that this Agreement may involve 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 April 15, 2008/lhd/XO Communications/I D/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 46 Section 5 Terms and Conditions implementation on a timely basis. Electronic processes and procedures are addressed in Section 12 of this Agreement. 5.29.2 Intentionally Left Blank. 5.30 Amendments 5.30.1 Either Party may request an amendment to this Agreement at any time by providing to the other Party in writing information about the desired amendment and proposed language changes. If the Parties have not reached agreement on the requested amendment within sixty (60) Days after receipt of the request, either Party may pursue resolution of the amendment through the Dispute Resolution provisions of this Agreement. 5.30.2 Intentionally Left Blank. 5.30.3 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. 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. 5.31 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. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 47 Section 6 Resale Section 6.0 - RESALE 6.1 Description 6.1.1 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 Owests 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. 6.1.2 While this Section 6.0 of this Agreement addresses the provision of certain Owest services to CLEC for resale by CLEC, the Parties also acknowledge that CLEC is required to provide certain Telecommunications Services to Owest for resale by Owest to the extent required by applicable law. Upon request by Owest, CLEC shall make certain Telecommunications Services available to Owest for resale pursuant to the applicable provisions of the Telecommunications Act of 1996, the FCC's relevant orders and rules, and the Commission's relevant orders and rules. 6.1.3 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. 6.2 Terms and Conditions 6.2.1 Owest shall offer introductory training on procedures that CLEC must use to access Owests ass at no cost to CLEC. If CLEC asks Owest personnel to travel to CLEC's location to deliver training, CLEC will pay Owests reasonable travel related expenses. Owest may also offer to CLEC other training at reasonable costs. 6.2.2 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 6.2.2. 6.2.2.1 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 customers, with no whole~ale 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 CLEC for resale with any applicable wholesale discount. 6.2.2.2 Market trials of ninety (90) days or less are not available for resale. 6.2.2.3 Residential services and telephone assistance plans (TAP), including but not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by CLEC only to the same class of end user customers eligible to purchase these services from Owest. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 48 Section 6 Resale 6.2.2.3.1 If CLEC 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. 6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services, CLEC shall certify pursuant to 47 C.F. R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. CLEC shall complete and provide such certification to Owest before CLEC purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Owests 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. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by CLEC whenever E911/911 service would be provided on the same line if provided by Owest to a Owest retail customer. 6.2.2.5 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. 6.2.2.6 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. 6.2.2.7 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 Owests 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 customer that early terminates a CSA, including payment of any early termination charges. Where CLEC seeks to continue serving an end user customer presently served through a resold Owest CSA, but wishes to provide such service through alternate resale arrangements, Owest shall provide CLEC the same waivers of early termination liabilities as it makes to its own retail 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. 6.2.2.8 Grandfathered services are available for resale by CLEC to existing end user customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features will be based on the Centrex definition of a system and CLEC's serving location. 6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single CLEC within a single Central Office switching system. A common block defines the dialing plan for intercom calling, access to the Public Switched Network and/or April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 49 Section 6 Resale private facilities, station line and system restrictions and feature access arrangements and functionality. CLEC may purchase multiple common blocks within a single Central Office switching system when CLEC requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. CLEC with multiple common blocks within the same Central Office Switch may have network access register and private facility trunk groups aggregated across multiple common blocks. Centrex system based optional features (Le., Automatic Route Selection) may not be aggregated across multiple common blocks. A Centrex system must provide station lines to at least one (1) location and may provide station lines to multiple locations. 6.2.2.9.2 Centrex station lines are provisioned and charges are calculated based on serving CLEC's location. A location is defined as the site where Qwest facilities (cable plant from the serving Cent~al Office Switch) meet CLEC facilities (inside wire). In a multi-tenant building, Qwest may bring facilities directly to a single Point of Interconnection with CLEC facilities, typically in a basement equipment room, which would be considered a single location for this multi- tenant building. Should Qwest bring service to multiple floors or offices within a multi-tenant building each floor or office with a separate CLEC facilities termination point is considered a location. Where CLEC has multiple buildings within contiguous property (campus), such buildings will be provisioned and billed as a single location. Contiguous property is defined as property owned or leased by CLEC and not separated by public thoroughfare, river or railroad rights-of- way. Property will be considered contiguous when connected via connecting passageways or conduit acceptable to Qwest for its facilities. Where CLEC has Centrex station lines from multiple Central Offce switching systems, within the same Qwest Wire Center, and provisioned to the same location, CLEC will not be charged for service or provisioned as if service was originating from a single Centrex system. For example, station lines may only be aggregated from a single CLEC Centrex system to a single CLEC serving location for rating purposes. CLEC may not specify a Central Offce as CLEC's location for the termination of Centrex station lines. 6.2.2.10 Private line service used for Special Access is available for resale but not at a discount. 6.2.2.11 Intentionally Left Blank. 6.2.2.12 Telecommunications Services provided directly to CLEC for its own use and not resold to retail customers must be identified by CLEC as such, and CLEC will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to CLEC Telecommunications Services for resale that are at least equal in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers, and Qwests retail customers. Qwest shall also provide resold services to CLEC in accordance with the Commission's retail service quality requirements, if any. Qwest further agrees to reimburse CLEC for credits or fines and penalties assessed against CLEC as a result of Qwests failure to provide service to CLEC, subject to the understanding that any payments made pursuant to this provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a performance assurance plan, and further subject to the following provisions: April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 50 Section 6 Resale 6.2.3.1 Owest shall provide service credits to CLEC 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) Owests service credits to CLEC 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 CLEC. Owest is not required to provide service credits for service failures that are the fault of CLEC; c) Intentionally Left Blank. d) Intentionally Left Blank. d) Owest shall not be liable to provide service credits to CLEC if CLEC does not provide service quality credits to its end user customers; e) In nO case shall Owests credits to CLEC exceed the amount Owest would pay a Owest end user customer under the service quality requirements, less any wholesale discount applicable to CLEC's resold services; and f) In no case shall Owest be required to provide duplicate reimbursement or payment to CLEC for any service quality failure incident. - 6.2.3.2 Fines and Penalties - Owest shall be liable to pay to CLEC fines and penalties 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) Owests fines and penalties paid to CLEC 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 CLEC. Owest is not required to pay fines and penalties for service failures that are the fault of CLEC; c) Intentionally Left Blank. d) In no case shall Owests fines and ,penalties to CLEC exceed the amount Owest would pay the Commission under the service quality plan, less any wholesale discount applicable to CLEC's resold services; and e) In no case shall Owest be required to provide duplicate reimbursement or payment to CLEC for any service quality failure incident. 6.2.4 In the event that there are existing agreements between CLEC and Owest for resale under Owest retail Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings, CLEC may elect to continue to obtain services for resale under the existing agreements and such retail Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings, or CLEC may elect to terminate such existing agreements and obtain such April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 51 Section 6 Resale services by adopting this Agreement pursuant to the General Terms of this Agreement. If CLEC so adopts this Agreement, the associated wholesale discount specified in Exhibit A of this Agreement will apply. 6.2.5 Intentionally Left Blank. 6.2.6 The Parties may not reserve blocks of telephone numbers except as allowed by Applicable Law or regulation. 6.2.7 Owest will accept at no charge one (1) primary white pages Directory Listing for each main telephone number belonging to CLEC's customer based on customer information provided to Owest by CLEC. Owest will place CLEC's customer's Listings in Owests Directory Assistance Database and will include such Listings in Owests Directory Assistance Service. Additional terms and conditions with respect to Directory Listings are described in the Ancillary Services Section and the Owests Offcial Directory Publisher Section of this Agreement. 6.2.8 Owest shall provide to CLEC, for CLEC's customers, E911/911 call routing to the appropriate Public Safety Answering Point (PSAP). Owest shall not be responsible for any failure of CLEC to provide accurate customer information for listings in any databases in which Owest is required to retain and/or maintain such information. Owest shall provide CLEC's customer information to the Automatic Location Identification/Database Management System (ALI/OMS). Owest shall use its standard process to update and maintain CLEC's customer service information in the ALlIDMS used to support E911/911 services on the same schedule that it uses for its retail customers. Owest assumes no liability for the accuracy of information provided by CLEC. 6.2.9 If Owest provides and CLEC accepts Owests Directory Assistance Service or operator services for CLEC's resold local Exchange Service lines, such Directory Assistance and operator services may be provided with branding as provided in this Agreement in Sections 10.5 for Directory Assistance Service, and 10.7 for operator services. 6.2.10 CLEC shall designate the Primary Interexchange Carrier (PIC) assignments on behalf of its customers for InterLATA and IntraLATA services. CLEC and Owest shall follow all Applicable Laws, rules and regulations with respect to PIC changes. Owest shall disclaim any liability for CLEC's improper InterLATA and IntraLATA PIC change requests, and CLEC shall disclaim any liability for Owests improper InterLATA (when applicable) and IntraLATA PIC change requests. 6.2.11 When end user customers switch from Owest to CLEC, or to CLEC from any other Reseller and if they do not change their service address to an address served by a different Rate Center, such eAd 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). 6.2.12 In the event Owest properly terminates the Provisioning of any resold services to CLEC for any reason, CLEC shall be responsible for providing any and all necessary notice to its customers of the termination. In no case shall Owest be responsible for providing such notice to CLEC's customers. Owest will provide notice to CLEC of Owests termination of a resold service on a timely basis consistent with Commission rules and notice requirements. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 52 Section 6 Resale 6.2.13 The underlying network provider ofa 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. 6.2.14 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 CLEC requests that facilities be constructed or enhanced to provide resold services, Qwest will construct facilities to the extent necessary to satisfy its obligations to provide basic local Exchange Service as set forth in Qwests retail Tariffs, catalogs; price lists, or other retail Telecommunications Services offerings and Commission rules. Under such circumstances, Qwest will develop and provide to CLEC a price quotation for the construction. Construction charges associated with resold services will be applied in the same manner that construction charges apply to Qwest retail customers. If the quotation is accepted by CLEC, CLEC will be billed the quoted price and construction will commence after receipt of payment. 6.3 Rates and Charges 6.3.1 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 wholesaié 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. 6.3.2 The Customer Transfer Charges (CTC) as specified in Exhibit A apply when transferring services to CLEC. 6.3.3 A Subscriber Line Charge (SLC), or any subsequent federally mandated charge to customers, will continue to be paid by CLEe without discount for each local exchange line resold under this Agreement. All federal and state rules and regulations associated with SLC as found in the applicable Qwest Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings also apply. 6.3.4 CLEC will pay to Qwest the Primary Interexchange Carrier (PIC) change charge without discount for CLEC customer changes of Interexchange or IntraLATA Carriers. Any change in CLEC's customer's Interexchange or Intra LATA Carrier must be requested by CLEC on behalf of its customer, and Qwest will not accept changes to CLEC's customer's Interexchange or IntraLATA Carrier(s) from anyone other than CLEC. 6.3.5 CLEC agrees to pay Qwest when its customer activates any services or features that are billed on a per use or per activation basis (e.g., continuous redial, last call return, call back calling, call trace) subject to the applicable discount in Exhibit A as such may be amended pursuant to this Section. With respect to all such charges, Qwest shall provide CLEC with sufficient information to enable CLEC to bill its customers. 6.3.6 Miscellaneous Charges applicable to services ordered for resale by CLEC will apply if such Miscellaneous Charges apply for equivalent services ordered by Qwest retail customers, except that CLEC will receive any applicable wholesale discount. Such Miscellaneous Charges include charges listed in the applicable Qwest Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 53 Section 6 Resale 6.3.7 If the Commission orders additional services to be available for resale, Qwest will revise Exhibit A to incorporate the services added by such order into this Agreement, effective on the date ordered by the Commission. If the Commission indicates those additional services must be available for resale at wholesale discount rates, those additional services will be added to this Agreement at the original Agreement wholesale discount rate. 6.3.8 Qwest shall timely bill new or changed Commission-ordered resale rates or charges using the effective date for such rates or charges as ordered by the Commission. If Qwest bills CLEC amounts different from new or changed rates or charges after the effective date of such rates or charges, Qwest shall make appropriate bill adjustments or provide appropriate bill credits on CLEC's bill(s). 6.3.9 If rates for services resold by CLEC under this Agreement change, based on changes in Qwests Tariffs, catalogs, price lists or other retail Telecommunications Services offerings, charges billed to CLEC for such services will be based upon the new Tariff, catalogs, price lists, or other retail Telecommunications Services offerings rates less the applicable wholesale discount, if any, as agreed to herein or as established by Commission order. The new rate will be effective upon the effective date of the Tariff, catalog, price list, or other retail Telecommunications Services offerings. 6.3.10 Product-specific nonrecurring charges as set forth in Qwests applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply when new or additional resold services are ordered and installed at CLEC's request for use by CLEC's customers. Such nonrecurring charges will be subject to the wholesale discount, if any, that appl+s to the underlying service being added or changed. 6.4 Ordering Process 6.4.1 CLEC, or CLEC's agent, shall act as the single point of contact for its customers' service needs, including without limitation, sales, service design, order taking, Provisioning, change orders, training, maintenance, trouble reports, repair, post-sale servicing, Billing, collection and inquiry. CLEC's customers contacting Qwest in error will be instructed to contact CLEC; and Qwests customers contacting CLEC in error will be instructed to contact Qwest. In responding to calls, neither Party shall make disparaging remarks about each other. To the extent the correct provider can be determined, misdirected calls received by either Party will be referred to the proper provider of local Exchange Service; however, nothing in this Agreement shall be deemed to prohibit Qwest or CLEC from discussing its products and services with CLEC's or Qwests customers who call the other Party seeking such information. 6.4.2 CLEC shall transmit to Qwest all information necessary for the ordering (Billing, Directory Listing and other information), installation, repair, maintenance and post-installation servicing according to Qwests standard procedures, as described in the Qwest Product Catalog (PCAT) available on Qwests public web site located at http://www.qwest.com/wholesale/pcat.Information shall be provided using Qwests designated Local Service Request (LSR) format which may include the LSR, customer and resale forms. 6.4.3 Qwest will use the same performance standards and criteria for installation, Provisioning, maintenance, and repair of services provided to CLEC for resale under this Agreement as Qwest provides to itself, its Affiliates, its subsidiaries, other Resellers, and Qwest retail customers. The installation, Provisioning, maintenance, and repair processes for CLEe's resale service requests are detailed in the Access to ass Section of this Agreement, and are April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 54 Section 6 Resale applicable whether CLEC's resale service requests are submitted via Operational Support System or by facsimile. 6.4.4 CLEC is responsible for providing to Qwest complete and accurate customer Directory Listing information including initial and updated information for Directory Assistance Service, white pages directories, and E911/911 Emergency Services. The Ancillary Services Section of this Agreement contains complete terms and conditions for Directory Listings for Directory Assistance Services, white pages directories, and E911/911 Emergency Services. 6.4.5 If Qwests retail customer, or the customer's New Service Provider orders the discontinuance of the end user customer's existing Qwest service in anticipation of the end user customer moving to a New Service Provider, Qwest will render its closing bill to the end user customer, discontinuing Billing as of the date of the discontinuance of Qwests service to the end user customer. If the Current Service Provider, or if the customer's New Service Provider orders the discontinuance of existing resold service from the Current Service Provider, Qwest will bill the Current Service Provider for service through the date the customer receives resold service from the Current Service Provider. Qwest will notify CLEC by Operational Support System interface, facsimile, or by other agreed-upon processes when an customer moves from the Current Service Provider to a New Service Provider. Qwest will not provide the Current Service Provider with the name of the New Service Provider selected by the customer. 6.4.6 CLEC shall provide Qwest and Qwest shall provide CLEC with points of contact for order entry, problem resolution and repair of the resold services. These points of contact will be identified for both CLEC and Qwest in the event special attention is required on a service request. 6.4.7 Prior to placing orders on behalf of the customer, CLEC shall be responsible for obtaining and having in its possession Proof of Authorization (POA), as set forth in the POA Section of this Agreement. 6.4.8 Due Date intervals for CLEC's resale service requests are established when service requests are received by Qwest through Operational Support Systems or by facsimile. Intervals provided to CLEC shall be equivalent to intervals provided by Qwest to itself, its Affliates, its subsidiaries, other Resellers, and to Qwests retail customers. 6.5 Biling 6.5.1 Qwest shall bill CLEC and CLEC shall be responsible for all applicable charges for the resold services as provided herein. CLEC shall also be responsible for all Tariffed, cataloged, price listed, and other retail Telecommunications Services offerings charges and charges separately identified in this Agreement associated with services that CLEC resells to a customer under this Agreement. 6.5.2 Qwest shall provide CLEC, on a monthly basis, within seven (7) to ten (10) Days of the last day of the most recent Billing period, in an agreed upon standard electronic Billing format as detailed in Section 12.2.5, Billing information including (1) a summary bill, and (2) individual end user customer sub-account information consistent with the samples available for CLEC review. April 15, 200S/lhd/XO Communications/ID/Agreement Number CDS-OS0415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 55 Section 6 Resale 6.6 Maintenance and Repair 6.6.1 Qwest will maintain its facilities and equipment used to provide CLEC resold services. CLEC or its customers may not rearrange, move, disconnect or attempt to repair Qwests facilities or equipment, including facilities or equipment that may terminate or be located at CLEC's end user customer's premises, other than by connection or disconnection to any interface between Qwest and the end user customer's facilities, without the written consent of Qwest. 6.6.2 Maintenance and Repair procedures are detailed in Section 12. Access to telephone numbers and Dialing Parity are discussed in Sections 13 and 14 respectively. 6.6.3 CLEC and Qwest will employ the procedures for handling misdirected repair calls as specified in Section 12.3.8 of this Agreement. 6.7 Commingling of Resold Services with Unbundled Network Elements and Combinations of Unbundled Network Elements 6.7.1 To the extent it is Technically Feasible and pursuant to the terms of Section 9.1, CLEC may Commingle Telecommunications Services purchased on a resale basis with an Unbundled Network Element or combination of Unbundled Network Elements. 6.7.1.1 Services are available for Commingling only in the manner in which they are provided in Qwests applicable product Tariffs, catalogs, price lists, or other Telecommunications Services offerings. April 15, 2008/1hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 56 Section 7 Interconnection Section 7.0 . INTERCONNECTION 7.1 Interconnection Facilty Options 7; 1.1 This Section describes the Interconnection of Owests network and CLEC's network for the purpose of exchanging Exchange Service (EAS/Local) traffic, ISP-Bound, VoIP, IntraLATA LEC Toll and Jointly Provided Switched Access (InterLATA and IntraLATA) traffic. Owest will provide Interconnection at any Technically Feasible point within its network, including but not limited to, (i) the Line Side of a local Switch (i.e., local switching); (ii) the Trunk Side of a local Switch, (iii) the trunk connection points for a Tandem Switch, (iv) Central Office Cross Connection points, (v) out-of-band Signaling Transfer Points necessary to exchange traffc at these points and access call-related databases, and (vi) points of access to Unbundled Network Elements. Section 9 of this Agreement describes Interconnection at points (i), (iv), (v), and (vi), although some aspects of these Interconnection points are described in Section 7. "Interconnection" is as described in the Act and refers, in this Section of the Agreement, to the connection between networks for the purpose of transmission and routing of Telephone Exchange Service traffc, ISP-Bound, VolP and IntraLATA LEC Toll traffic at points (ii) and (iii) described above. Interconnection, which Owest currently names "Local Interconnection Service" (LIS), is provided for the purpose of connecting End Office Switd'les to End Offce Switches or End Office Switches to local or Access Tandem Switches for the exchange of Exchange Service (EAS/Local) traffic, ISP-Bound and VolP traffic; or End Offce Switches to Access Tandem Switches for the exchange of IntraLATA LEC Toll or Jointly Provided Switched Access traffc. Owest Tandem Switch to CLEC Tandem Switch connections will be provided where Technically Feasible. New or continued Owest local Tandem Switch to Owest Access Tandem Switch and Owest Access Tandem Switch to Owest Access Tandem Switch connections are not required where Owest can demonstrate that such connections present a risk of Switch exhaust and that Owest does not make similar use of its network to transport the local calls of its own or any Affiliate's end user customers. 7.1.1.1 CLEC is permitted to utilize Local Interconnection Service ("LIS") trunks to terminate VolP traffic under this Amendment only pursuant to the same rules that apply to traffic from all other end users and pursuant to the requirement that the VolP Provider POP must be in the same local calling area as the called party. CLEC may not use LIS trunks solely to exchange VolP traffic. When Owest has reasonable cause (i.e. traffic terminating to Owest does not fall within the definition of VolP set forth in Section 4.0) and provides reasonable notice to CLEC, CLEC agrees to first work cooperatively with Owest to conduct a review of all traffic that CLEC classifies as VolP traffc and of any other provider that CLEC used to originate, route and transport VolP traffic that is delivered to Owest, as well as to make available any supporting documentation and records in order to ensure that CLEC does not exchange Switched Access traffic with Owest inappropriately termed as VolP traffic. If the Parties are unable to resolve any issues regarding the traffic through this cooperative process, Owest may, upon written notice, request an operational verification audit, and CLEC agrees to allow Owest to conduct operational verification audits of CLEC's network architecture and to work cooperatively with Owest to conduct an operational verification audit of any other provider that CLEC used to originate, route and transport VolP traffic that is delivered to Owest, as well as to make available any supporting documentation and records in order to ensure CLEC's compliance with this definition. Operational verification audits shall be requested no more than one (1) time in any 12-month period, unless a previous "operational verification audit failure" has occurred, and each Party shall bear its own expenses of such operation verification audits. Owest shall have the right to redefine the April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 57 Section 7 Interconnection traffic that fails such operational verification audit as Switched Access in the event of an "operational verification audit failure". An "operational verification audit failure" is defined as: (a) Qwests inability to conduct a post-provisioning operational verification audit due to insufficient cooperation by CLEC or CLEC's other providers, or (b) a reasonable determination by Qwest in a post-provisioning operational verification audit that the CLEC or CLEC's end-user customers are not originating calls in a manner consistent with this definition. All information exchanged between the Parties will be considered Proprietary Information pursuant to the Agreement. CLEC reserves the right to require any non-employee who is directly or indirectly involved in any such audit to execute a nondisclosure agreement reasonably satisfactory to CLEC. 7.1.1.1.1 Prior to using LIS trunks to terminate VolP traffic, CLEC certifies that the (a) types of equipment VolP end-users will use are consistent with the origination of VolP traffc as defined in Section 4.0 of this Agreement, and (b) types of configurations that VolP end-users will use to originate calls using IP technology are consistent with the configuration as set forth in the definition of VolP in Section 4.0 of this Agreement. 7.1.1.2 Qwest will provide to CLEC Interconnection at least equal in quality to that provided to itself, to any subsidiary, Affiliate, or any other party to which it provides Interconnection. Notwithstanding specific language in other sections of this Agreement, all provisions of this Agreement regarding Interconnection are subject to this requirement. Qwest will provide Interconnection under rates, terms and conditions that are just, reasonable and non-discriminatory. In addition, Qwest shall comply with all state wholesale and retail service quality requirements. 7.1.2 Methods of Interconnection The Parties will negotiate the facilities arrangement used to interconnect their respective networks. CLEC shall establish at least one (1) physical Point of Interconnection in Qwest territory in each LATA CLEC has local end user customers. The Parties shall establish, through negotiations, at least one (1) of the following Interconnection arrangements, at any Technically Feasible point: (1) a DS1 or DS3 Qwest-provided facility; (2) Collocation; (3) negotiated Mid- Span Meet POI facilities; or (4) other Technically Feasible methods of Interconnection via the Bona Fide Request (BFR) process unless a particular arrangement has been previously provided to a third party, or is offered by Qwest as a product. 7.1.2.1 Qwest-provided Facility. Interconnection may be accomplished through the provision of a DS1 or DS3 Entrance Facility of CLEC's determination. An Entrance Facility extends from the Qwest Serving Wire Center to eLEC's Switch location or any Technically Feasible POI chosen by CLEC. Qwest-provided Entrance Facilities may not extend beyond the area served by the Qwest Serving Wire Center. The rates for Qwest- provided Entrance Facilities are provided in Exhibit A. Qwests private line transport service is available as an alternative to Qwest-provided Entrance Facilities, when CLEC uses such private line transport service for multiple services. Entrance Facilities may not be used for Interconnection with Unbundled Network Elements. 7.1.2.2 Collocation. Interconnection may be accomplished through the Collocation arrangements offered by Qwest. The terms and conditions under which Collocation will be available are described in Section 8 of this Agreement. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 58 Section 7 Interconnection 7.1.2.3 Mid-Span Meet POI. A Mid-Span Meet POI is a negotiated Point of Interface, limited to the Interconnection of facilities between one (1) Party's Switch and the other Party's Switch. The actual physical Point of Interface and facilities used will be subject to negotiations between the Parties. Each Party will be responsible for its portion of the build to the Mid-Span Meet POi. CLEC may not use remaining capability in an existing Mid-Span Meet POI to gain access to Unbundled Network Elements. These Mid-Span Meet pais will consist of facilities used for the Provisioning of one-way or two-way 10cal/lntraLAT A and Jointly Provided Switched Access Interconnection trunks, as well as miscellaneous trunks such as Mass Calling Trunks, OS/OA, 911 and including any dedicated OS1, OS3 transport trunk groups used to provision originating CLEC traffic. 7.1.2.3.1 The Mid-Span Fiber Meet architecture requires each Party to own its equipment on its side of the Point of Interconnection (POI). CLECs may designate Mid-Span Fiber Meet as the target architecture, exçept in scenarios where it is not Technically Feasible or where the Parties disagree on midpoint location. 7.1.2.3.2 In a Mid-Span Fiber Meet the Parties agree to establish technical interface specifications for Fiber Meet arrangements that permit successful Interconnection and the completion of traffic routed over the facilities that interconnect at the Fiber Meet. CLEC is responsible for providing at its location the Fiber Optic Terminal (FaT) equipment, multiplexing, and fiber required to terminate the optical signal provided by Qwest. Qwest is responsible for provtding corresponding FOT(s), multiplexing, and fiber required to terminate the optical signal provided by CLEC. 7.1.2.3.3 The Parties shall, wholly at their own expense, procure, install, and maintain the FOT(s) in each of their locations where the Parties establish a Fiber Meet with capacity sufficient to provision and maintain all trunk groups. The Parties shall mutually agree on the capacity of the FOT(s) to be utilized based on equivalent OS 1 sand OS3s necessary for transport of forecasted local Interconnection trunking. Each Party will also agree upon the optical frequency and wavelength necessary to implement the Interconnection. 7.1.2.3.4 Intentionally Left Blank. 7.1.2.4 Intentionally Left Blank. 7.1.2.5 Qwest agrees to provide local Interconnection trunk diversity to the same extent it does so in Qwests local network. 7.2 Exchange of Traffic 7.2.1 Description 7.2.1.1 This Section 7.2 addresses the exchange of traffic between CLEC's network and Qwests network. Where either Party interconnects and delivers traffic to the other from third parties, each Party shall bill such third parties the appropriate charges pursuant to its respective Tariffs or contractual offerings for such third party terminations. Unless otherwise agreed to by the Parties, via an amendment to this April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 59 Section 7 Interconnection Agreement, the Parties will directly exchange traffic between their respective networks without the use of third party transit providers. 7.2.1.2 The traffic types to be exchanged under this Agreement include: 7.2.1.2.1 Exchange Service (EAS/Local), ISP-Bound and VolP traffc as defined in this Agreement. 7.2.1.2.2 IntraLATA LEC Toll traffic as defined in this Agreement. 7.2.1.2.3 Jointly Provided Switched Access traffic is defined in Section 7.5.1. Jointly Provided Switched Access is associated with Meet-Point Billing. 7.2.1.2.4 Transit traffc is any traffic that originates from one' (1) Telecommunications Carrier's network, transits another Telecommunications Carrier's network, and terminates to yet another Telecommunications Carrier's network. For purposes of the Agreement, transit traffic does not include traffic carried by Interexchange Carriers. That traffc is defined as Jointly Provided Switched Access. Transit service is provided by Owest, as a local and Access Tandem Switch provider, to CLEC to enable the completion of calls originated by or terminated to another Telecommunications Carrier (such as another CLEC, an existing LEC, or a wireless Carrier), which is connected to Owests local or Access Tandem Switches. To the extent that CLEC's Switch functions as a local or Access Tandem Switch, as defined in this Agreement, CLEC may also provide transit service to Owest. 7.2.1.2.5 Traffic having special Billing or trunking requirements includes, but is not limited to, the following: a) Directory Assistance; b) 911/E911; c) Operator Busy Line Verify/Busy Line Interrupt; d) Toll Free Services; and e) ISP-bound traffc (special Billing requirements only) f) VolP traffc (special Billing requirements only). April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 60 Section 7 Interconnection 7.2.2 Terms and Conditions 7.2.2.1 Transport and Termination of Exchange Service (EAS/Local) Traffic 7.2.2.1.1 Exchange Service (EAS/Local), ISP-Bound, and VolP traffic will be terminated as Local Interconnection Service (LIS). 7.2.2.1.2 As negotiated between the Parties, the transport of Exchange Service (EAS/Local), ISP-Bound, and VolP traffic may occur in several ways: 7.2.2.1.2.1 One-way or two-way trunk groups may be established. However, if either Party elects to provision its own one-way trunks for delivery of Exchange Service (EAS/Local), ISP-Bound, and VolP traffic to be terminated on the other Party's network, the other Party must also provision its own one-way trunks to the extent that traffc volumes warrant. To the extent there is a dispute, Section 5.18 applies. 7.2.2.1.2.2 CLEC may purchase transport services from Qwest or from a third party, including a third party that has leased the private line transport service facility from Qwest. Such transport provides a transmission path for the LIS trunk to deliver the originating Party's Exchange Service (EAS/Local), ISP-Bound, and VolP traffic to the terminating Party's End Office Switch or Tandem Switch for call termination. Transport may be purchased from Qwest as Tandem Switch routed (Le., tandem switching, tandeni transmission and direct trunked transport) or direct routed (Le., direct trunked transport). This Section is not intended to alter either Party's obligation under Section 251 (a) of the Act. 7.2.2.1.3 When either Party utilizes the other Party's Tandem Switch for the exchange of Exchange Service (EAS/Local), ISP-Bound, and VolP traffic, where there is a DS1'sworth of traffc (512 CCS) between the originating Party's End Office Switch delivered to the other Party's Tandem Switch for delivery to one (1) of the other Party's End Office Switches, the originating Party will order a direct trunk group to the other Party's End Office Switch. To the extent that CLEC has established a Collocation arrangement at a Qwest End Office Switch location, and has available capacity, CLEC may, at its sole option, provide two- way direct trunk facilities from that End Offce Switch to CLEC's Switch. 7.2.2.1.4 LIS ordered to a Tandem Switch will be provided as direct trunked transport between the Serving Wire Center of CLEC's POI and the Tandem Switch. Tandem transmission rates, as specified in Exhibit A of this Agreement, will apply to the transport provided from the Tandem Switch to Qwests End Office Switch. 7.2.2.1.5 If Direct Trunked Transport is greater than fifty (50) miles in length, and existing faciliies are not available in either Party's network, and the Parties have not been able to resolve the issue through mid-point arrangements, and the Parties cannot agree as to which Party will provide the facility, the Parties may. bring the matter before the Commission for resolution on an Individual Case Basis. April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 61 Section 7 Interconnection 7.2.2.1.6 Regardless of the number of Location Routing Numbers (LRNs) used by CLEC in a LATA, Qwest will route traffic destined for CLEC's customers via direct trunking where direct trunking has been established. In the event that direct trunking has not been established, such traffic shall be routed via a Qwest Tandem Switch. 7.2.2.2 IntraLATA LEC Toll Traffic 7.2.2.2.1 IntraLATA LEC Toll traffc shall be delivered to Qwest at the Access Tandem Switch or via separate trunks to Qwests End Office Switch(es), as designated by CLEC. 7.2.2.3 Transit Traffc 7.2.2.3.1 Qwest will accept traffic originated by CLEC for termination to another CLEC, existing LEC, or wireless Carrier that is connected to Qwests local and/or Access Tandem Switch. Qwest will also terminate traffc from these other Telecommunications Carriers to CLEC. 7.2.2.3.2 To the extent Technically Feasible, the Parties involved in transporting transit traffic will deliver calls to each involved network with CCS/SS7 protocol and the appropriate ISUP/TCAP messages to facilitate full Interoperability and Billing functions. 7.2.2.3.3 The originating company is responsible for payment of appropriate rates to the transit company and to the terminating company. The Parties agree to use reasonable efforts to enter into traffic exchange agreements with third party Telecommunications Carriers prior to delivering traffc to be transited to third party Telecommunications Carriers. In the event one Party originates traffic that transits the second Party's network to reach a third party Telecommunications Carrier with whom the originating Party does not have a traffic exchange agreement, then the originating Party will indemnify, defend and hold harmless the second Party against any and all charges levied by such third party Telecommunications Carrier, including any termination charges related to such traffc and any attorneys fees and expenses. In the case of IntraLATA Toll traffic where Qwest is the designated IntraLATA Toll provider for existing LECs, Qwest will be responsible for payment of appropriate usage rates. 7.2.2.3.4 When Qwest receives an unqueried call from CLEC to a telephone number that has been ported to another local services provider, the transit rate will apply. 7.2.2.4 Jointly Provided Switched Access. The Parties will use accepted industry standards developed to handle the Provisioning and Billing of Jointly Provided Switched Access (MECAB, MECOD, and the Parties' FCC and state access Tariffs). Each Party will bill the IXC the appropriate portion of its Switched Access rates. Qwest will also provide the one-time notification to CLEC of the billing name, billing address and Carrier identification codes of the IXCs subtending any Access Tandem Switches to which CLEC directly connects. This type of traffic is discussed separately in this Section. 7.2.2.5 Interface Code Availability. Supervisory signaling specifications, and the April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 62 Section 7 Interconnection applicable network channel interface codes for LIS trunks can be found in the Owest Technical Publication for Local Interconnection Service 77398. 7.2.2.6 Signaling Options 7.2.2.6.1 SS7 Out-of-Band Signaling. SS7 Out-of-Band Signaling is available for LIS trunks. SS7 Out-of-Band Signaling must be requested on the order for new LIS trunks. Common Channel Signaling Access Capability Service may be obtained through the following options: (a) under Owests Tariffs or CLEC's Tariffs; (b) as defined in the Owest FCC Tariff # 1; or (c) from a third party signaling provider. Each of the Parties, Owest and CLEC, will provide for Interconnection of their signaling network for the mutual exchange of signaling information in accordance with the industry standards as described in Telcordia documents, including but not limited to GR-905 CORE, GR-954 CORE, GR-394 CORE and Owest Technical Publication 77342. 7.2.2.6.2 Clear Channel Capability. Clear Channel Capability (64CCC) permits 24 DSO-64 Kbps services or 1.536 Mbps of information on the 1.544 Mbps/s line rate. 64CCC is available for LIS trunks equipped with SST Out-of- Band Signaling. 64CCC must be requested on the order for new LIS trunks. Owest will provide CLEC with a listing of Owest Switches fully capable of routing 64CCC traffc through the Owest web site: http://www.qwest.com/disclosures. Where available to Owest, Owest will provide CLEC with the same 64CCC on an alternate route or if necessary via an overlay network. 7.2.2.6.3 MF Signaling. Interconnection trunks with MF signaling may be ordered by CLEC if the Owest Central Office Switch does not have SS7 capability or if the Owest Central Office Switch does not have SS7 diverse routing. 7.2.2.7 Measurement of terminating Local Interconnection Service (LIS) minutes begins when the terminating LIS entry Switch receives answer supervision from the called end user customer's End Offce Switch indicating the called end user customer has answered. The measurement of terminating call usage over LIS trunks ends when the terminating LIS entry Switch receives disconnect supervision from either the called end user customer's End Office Switch, indicating the called end user customer has disconnected, or CLEC's Point of Interconnection, whichever is recognized first by the entry Switch. This is commonly referred to as "conversation time." The Parties will only charge for actual minutes of use and/or fractions thereof of completed calls. Minutes of use are aggregated at the end of the Billing cycle by End Office Switch and rounded to the nearest whole minute. 7.2.2.8 LIS Forecasting 7.2.2.8.1 Both CLEC and Owest shall work in good faith to define a mutually agreed upon forecast of LIS trunking. 7.2.2.8.2 Both Parties shall have the obligation to participate in semi-annual joint planning meetings to establish trunk design and Provisioning requirements. The Parties agree to provide mutual trunk forecast information to ensure end user customer call completion between the Parties' networks. Such forecasts April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 63 Section 7 Interconnection shall be for LIS trunking that impacts the Switch capacity and facilities of each Party. Qwest shall provide CLEC trunk group specific projections to CLEC on or before the date of the joint planning meeting. 7.2.2.8.3 Switch capacity growth requiring the addition of new switching modules may require six (6) months to order and instalL. To align with the timeframe needed to provide for the requested facilities, including engineering, ordering, installation and make ready activities, for capacity growth, Qwest will utilize CLEC's semi-annual forecasts and near-term demand submitted on Unforecast Demand Notification Forms to ensure availability of Switch capacity. 7.2.2.8.4 period. The forecast will identify trunking requirements for a two (2) year 7.2.2.8.5 Both Parties will follow the forecasting and Provisioning requirements of this Agreement for the appropriate sizing of trunks, and use of direct End Office Switch versus Tandem Switch routing. (See Section 7.2.2.1.3) 7.2.2.8.6 Intentionally Left Blank 7.2.2.8.7 Joint planning meetings will be used to bring clarity to the process. Each Party will provide adequate information associated with the Qwest LIS Trunk Forecast Forms in addition to its forecasts. During the joint planning meetings, both Parties shall provide information on major network projects anticipated for the_following year that may impact the other Party's forecast or Interconnection requirements. No later than two (2) weeks prior to the joint planning meetings, the Parties shall exchange information to facilitate the planning process. Qwest shall provide CLEC a report reflecting then current spare capacity at each Qwest Switch that may impact the Interconnection traffc. Qwest shall also provide a report reflecting then current blocking of local direct and alternate final trunk groups, Interconnection and non-Interconnection alike. CLEC will be provided Interconnection trunk group data on its own trunks. Qwest shall also provide a report reflecting Tandem Switch routed Interconnection trunking that has exceeded 512BHCCS. The information is Proprietary, provided under non-disclosure and is to be used solely for Interconnection network planning. 7.2.2.8.8 In addition to the above information, CLEC shall provide: a)Completed Qwest LIS Trunk Forecast Forms; and b)Any planned use of an alternate Tandem Switch provider. 7.2.2.8.9 In addition to the above information, the following information will be available through the Local Exchange Routing Guide or the Interconnections (ICONN) Database. The LERG is available through Telcordia. ICONN is available through the Qwest web site. a) Qwest Tandem Switches and Qwest End Office Switches (LERG); b) CLLI codes (LERG); April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 64 Section 7 Interconnection c) Business/Residence line counts (ICONN); d) Switch type (LERG or ICONN); and e) Current and planned Switch generics (ICONN). Qwest will notify CLEC six (6) months prior to LERG amendment, the anticipation of a new local Tandem Switch. 7.2.2.8.10 Qwest network disclosure of deployment information for specific technical capabilities (e.g., ISDN deployment, 64 CCC, etc.) shall be provided on Qwests web site, http://www.qwest.com/disclosures. 7.2.2.8.11 When appropriate, Qwest will notify CLEC through the Qwest Trunk Group Servicing Request (TGSR) process of the need to take action and place orders in accordance with the forecasted trunk requirements. CLEC shall respond to the TGSR within ten (10) business days of receipt. 7.2.2.8.12 The following terms shall apply to the forecasting process: 7.2.2.8.12.1 CLEC forecasts may be provided to Qwest as detailed in Qwests Trunk Forecast Form; 7.2.2.8.12.2 CLEC forecasts provided to Qwest, information provided by CLEC to Qwest outside of the normal forecasting proGess to modify the forecast, and forecasting information disclosed by Qwest to CLEC shall be deemed Confidential Information and the Parties may not distribute, disclose or reveal, in any form, this material other than as allowed and described in subsections 5.16.9.1 and 5.16.9.2. 7.2.2.8.13 To the extent that CLEC's historical trunking underutilization is such that it inhibits Qwest from provisioning trunking to itself or other carriers without Qwest augmenting its switch for additional trunking capacity, Qwest reserves the right to reclaim the facilities for the purpose of providing capacity to itself or other carriers. Both Parties will follow the process discussed on Section 7.2.2.8.7 to determine the status of the trunks targeted for reclamation. If it is determined that CLEC has excess capacity, CLEC will issue orders disconnecting trunk groups as required, but CLEC-assigned trunk group's will not be left with less than twenty five percent (25%) excess capacity. Ancillary trunk groups are excluded from this treatment. 7.2.2.8.14 Intentionally Left Blank. 7.2.2.8.15 Each Party shall provide a specified point of contact for planning, forecasting and trunk servicing purposes. 7.2.2.8.16 Interconnection facilities provided on a route that involves extraordinary circumstances may be subject to the Construction Charges, as detailed in Section 19 of this Agreement. When Qwest claims extraordinary circumstances exist, it must apply to the Commission for approval of such charges by showing that CLEC alone is the sole cause of such construction. April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 65 Section 7 Interconnection Owest shall initiate such proceeding within ten (10) Days of notifying CLEC in writing that it will not construct the requested facilities, or within ten (10) Days of notice from CLEC in writing that Owest must either commence construction of the facilities or initiate such proceeding with the Commission. In this proceeding, Owest shall not object to using the most expeditious procedure available under state law, rule or regulation. Owest shall be relieved of its obligation of constructing such facilities during the pendency of the proceeding before the Commission. If the Commission approves such charges, Owest and CLEC will share costs in proportion to each Party's use of the overall capacity of the route involved. Owest and CLEC may also choose to work in good faith to identify and locate alternative routes that can be used to accommodate CLEC forecasted build. Extraordinary circumstances include, but are not limited to, natural obstructions such as lakes, rivers, or steep terrain, and legal obstructions such as governmental, federal, Native American or private rights of way. The standard Owest forecast period of six (6) months may not apply under these circumstances. Construction Charges shall not apply in the event that construction is an augment of an existing route. 7.2.2.9 Trunking Requirements 7.2.2.9.1 The Parties will provide designed Interconnection facilities that meet the same technical criteria and service standards, such as probability of blocking in peak hours and transmission standards, in accordance with current industry standards, state requirements and standards provided for in the ROC and incorporated herein by reference. 7.2.2.9.1.1 Owest shall provide monthly reports to CLEC on all Interconnection trunk groups and quarterly reports on all interoffice trunk groups carrying Exchange Service (EAS/Local) traffc between Owest Tandem Switches and Owest End Offce Switches. The reports will contain busy hour traffc data, including but not limited to, overflow and the number of trunks in each trunk group. 7.2.2.9.2 Intentionally Left Blank. 7.2.2.9.3 Separate trunk groups may be established based on Billing, signaling, and network requirements. The following is the current list of traffic types that require separate trunk groups, unless specifically otherwise stated in this Agreement. a) Directory Assistance trunks (where the Switch type requires separation from operator services trunks); b) 911/E911 trunks; c) Operator services trunks (where the Switch type requires separation from Directory Assistance trunks); d) Mass calling trunks, if applicable. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 66 Section 7 Interconnection 7.2.2.9.3.1 Exchange Service (EAS/Local), ISP-Bound Traffic, VolP traffc, IntraLATA LEC Toll and Jointly Provided Switched Access (InterLATA and IntraLATA Toll involving a third party IXC) may be combined in a single LIS trunk group or transmitted on separate LIS trunk groups. 7.2.2.9.3.2 Exchange Service (EAS/Local), ISP-Bound, and VolP traffic shall not be combined with Switched Access, not including Jointly Provided Switched Access, on the same trunk group, i.e. Exchange Service (EAS/Local), ISP-Bound, and VolP traffic may not be combined with FGD to a Owest Access Tandem Switch and/or End Offce Switch. 7.2.2.9.4 Trunk group connections will be made at a DS1 or multiple DS1 level for exchange of Exchange Service (EAS/Local), ISP-Bound, VoIP, and IntraLATA Toll/Jointly Provided Switched Access traffic. Directory Assistance, 911/E911, operator Busy Line Interrupt and Busy Line Verify; and Toll Free Service trunk groups may be made below a DS1 level, as negotiated. 7.2.2.9.5 The Parties will provide Common Channel Signaling (CCS) to one another in conjunction with all trunk circuits, except as provided below. a) The Parties will provision all trunking using SS7/CCS capabilities. Exceptions to this arrangement would be limited to operator services tnmking, Directory Assistance trunking, 911 trunking and any others currently available in the Owest network only on MF signaling. Owest will not require a Bona Fide Request to accomplish Interconnection with a Owest Central Offce Switch not currently equipped for SS7 and where MF signaling is used. When the SS7/CCS option becomes available in the Owest network for said trunking, the Parties will provision new trunks using SST In addition, the Parties will jointly work to convert existing trunking to SS7, as appropriate. b) When the Parties interconnect via CCS for Jointly Provided Switched Access Service, the Tandem Switch provider will provide MF/CCS interworking as required for Interconnection with Interexchange Carriers who use MF signaling. 7.2.2.9.6 CLEC may interconnect at either the Owest local Tandem Switch or the Owest Access Tandem Switch for the delivery of Exchange Service (EAS/Local), ISP-Bound, and VolP traffic. When CLEC is interconnected at the Access Tandem Switch and where there would be a DS1's worth of local traffc (512 BHCCS) between CLEC's Switch and those Owest End Offce Switches subtending a Owest local Tandem Switch, CLEC will order a direct trunk group to the Owest local Tandem Switch. 7.2.2.9.6.1 Owest will allow Interconnection for the exchange of Exchange Service (EAS/Local), ISP-Bound, and VolP traffic at Owests Access Tandem Switch without requiring Interconnection at the local Tandem Switch, at least in those circumstances when traffc volumes do not justify direct connection to the local Tandem Switch; and regardless of April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 67 Section 7 Interconnection whether capacity at the Access Tandem Switch is exhausted or forecasted to exhaust. 7.2.2.9.7 To the extent Owest is using a specific End Office Switch to deliver limited Tandem Switch functionality to itself, a wireless service provider, another CLEC, or another ILEC, it will arrange the same trunking for CLEC. 7.2.2.9.8 Alternate Traffic Routing. If CLEC has a LIS arrangement which provides two (2) paths to a Owest End Offce Switch (one (1) route via a Tandem Switch and one (1) direct route), CLEC may elect to utilize alternate traffc routing. CLEC traffic will be offered first to the direct trunk group (also referred to as the "primary high" route) and then overflow to the Tandem Switch group (also referred to as the "alternate final" route) for completion to Owest End Offce Switches. 7.2.2.9.9 Host-Remote. When a Owest Wire Center is served by a remote End Offce Switch, CLEC may deliver traffic to the host Central Office or to the Tandem Switch. CLEC may deliver traffc directly to the remote End Office Switch only to the extent Owest has arranged similar trunking for itself or others. For remote Switches that currently lack direct trunking capability, Owest will accept Bona Fide Requests for Trunk Side access. 7.2.2.10 Testing 7.2.2.10.1 Acceptance Testing. At the time of installation of a LIS trunk group, and at no additional charge, acceptance tests will be performed to ensure that the service is operational and meets the applicable technical parameters. 7.2.2.10.2 Testing Capabilities 7.2.2.10.2.1 LIS Acceptance Testing is provided where equipment is available, with the following test lines: seven-digit access to balance (100 type), milliwatt (102 type), nonsynchronous or synchronous, automatic transmission measuring (105 type), data transmission (107 type), loop-around, short circuit, open circuit, and non-inverting digital loop-back (108 type), and such other acceptance testing that may be needed to ensure that the service is operational and meets the applicable technical parameters. 7.2.2.10.2.2 In addition to LIS acceptance testing, other tests are available (e.g., additional cooperative acceptance testing, automatic scheduled testing, cooperative scheduled testing, manual scheduled testing, and non-scheduled testing). Charges for such testing are identified in Section 7.3.5. 7.2.2.10.3 Repair Testing. At the time of repair of a LIS trunk group, at no additional charge, tests will be performed to ensure that the service is operational and meets the applicable technical parameters. 7.2.2.11 Mileage Measurement. Where required, the mileage measurement for LIS rate elements is determined in the same manner as the mileage measurement for April 15, 200811hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 68 Section 7 Interconnection V&H methodology as outlined in NECA Tariff NO.4. 7.3 Reciprocal Compensation 7.3.1 Interconnection Facilty Options The Reciprocal Compensation provisions of this Agreement shall apply to the exchange of Exchange Service (EAS/Local), ISP-Bound, and VolP traffic between CLEC's network and Qwests network. Where either Party acts as an IntraLATA Toll provider, each Party shall bill the other the appropriate charges pursuant to its respective tariff or price lists. In states where such tariff and price lists are not allowed to be filed with the Commission, CLEC will charge its appropriate standard rates. Where either Party interconnects and delivers traffic to the other from third parties, each Party shall bill such third parties the appropriate charges pursuant to its respective tariffs, price lists or contractual offerings for such third party terminations. Absent a separately negotiated agreement to the contrary, the Parties will directly exchange traffc between their respective networks without the use of third party transit providers. 7.3.1.1 Entrance Facilities 7.3.1.1.1 Recurring and nonrecurring rates for Entrance Facilities are specified in Exhibit A and will apply for those DS1 or DS3 facilities dedicated to use by LIS. 7.3.1.1.2 If CLEC chooses to use an existing facility purchased as private line transport service from the Qwest state or FCC access Tariffs, the rates fromthose Tariffs will apply. - 7.3.1.1.3 The Parties have established LIS two-way trunks, for reciprocal exchange of traffic, as further identified in this Agreement. The Parties shall bill each other for LIS trunks as set forth herein and as applicable. LIS trunks shall include facilities constructed by CLEC or facilities leased by CLEC from third party providers, including without limitation private line facilities leased by CLEC or by a third party from Qwest. The LIS two-way Entrance Facility (EF) and Direct Trunked Transport ("DTT") rate element charges shall be reduced as follows: 7.3.1.1.3.1 The provider of the LIS two-way Entrance Facility (EF) will share the cost of the LIS two-way EF by assuming a relative use factor (RUF) as depicted in Section 7.3.11. The charge to the other Party for the use of the EF, as described in Exhibit A, shall be reduced by this relative use factor. Payments by the other Party will be according to this relative use factor for a minimum of one (1) quarter. The relative use factor will continue for both bill reduction and payments until the Parties agree to a new factor, based upon actual minutes of use data for non- ISP-bound traffic to substantiate a change in that factor. If a Party's end user customers are assigned NPA-NXXs associated with a rate center different from the rate center where the end user customers are physically located, traffic that does not originate and terminate within the same Local Calling Area, regardless of the called and calling NPA-NXXs involving those end user customers, is referred to as "VNXX traffic." The Commission has not yet determined the regulatory treatment of VNXX traffic, and each Party reserves its rights to advocate its position on, or otherwise pursue its interests with respect to, that issue before the April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 69 Section 7 Interconnection Commission, the FCC, and the courts. Once the Commission has issued a final order making its determination, the Parties will amend this Agreement to reflect that determination. For purposes of determining the relative use factor, the terminating carrier is responsible for ISP-bound traffic. If either Party demonstrates with traffic data that actual minutes of use during the previous quarter justifies a new relative use factor, that Party will send a notice to the other Party. The new factor will be calculated based upon Exhibit H. Once the Parties finalize a new factor, bill reductions and payments will apply going forward from the date the original notice was sent. 7.3.1.2 Collocation 7.3.1.2.1 See Section 8. 7.3.2 Direct Trunked Transport 7.3.2.1 Either Party may elect to purchase Direct Trunked Transport (OTT) from the other Party. 7.3.2.1.1 OTT is available between the Serving Wire Center of the POI and the terminating Party's Tandem Switch or End Office Switches. The applicable rates are described in Exhibit A. OTT facilities are provided as dedicated OS3, OS1 or OSO facilities. 7.3.2.1.2 When OTT is provided to a local or Access Tandem Switch for Exchange Service (EAS/Local), ISP-Bound, VolP traffic, or to an Access Tandem Switch for IntraLATA Toll, or Jointly Provided Switched Access traffic, the applicable OTT rate elements apply between the Serving Wire Center and the Tandem Switch. Additional rate elements for delivery of traffic to the terminating End Office Switch are tandem switching and tandem transmission. These ratesare described below. . 7.3.2.1.3 Mileage shall be measured for OTT based on V&H coordinates between the Serving Wire Center and the local/Access Tandem Switch or End Offce Switch. 7.3.2.1.4 Fixed Charges per OSO, OS1 or OS3 and per mile charges are defined for OTT in Exhibit A of this Agreement. 7.3.2.2 The Parties have established LIS two-way trunks, for reciprocal exchange of traffic, as further identified in this Agreement. The Parties shall bill each other for LIS trunks as set forth herein and as applicable. LIS trunks shall include facilities constructed by CLEC or facilities leased by CLEC from third party providers, including without limitation private line facilities leased by CLEC or by a third party from Owest. The LIS two-way Entrance Facility (EF) and Direct Trunked Transport ("OTT") rate element charges shall be reduced as follows: 7.3.2.2.1 The provider of the LIS two-way OTT facility will share the cost of the LIS two-way OTT facility by assuming a relative use factor as depicted in Section 7.3.11. The charge to the other Party for the use of the OTT facility, as April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 70 Section 7 Interconnection described in Exhibit A, shall be reduced by this relative use factor. Payments by the other Party will be according to this relative use factor for a minimum of one (1) quarter. The relative use factor will continue for both bill reduction and payments until the Parties agree to a new factor, based upon actual minutes of use data for non-ISP bound traffic to substantiate a change in that factor. If a Party's end user customers are assigned NPA-NXXs associated with a rate center other than the rate center where the end user customers are physicatly located, traffic that does not originate and terminate within the same Local Calling Area, regardless of the catled and calling NPA-NXXs involving those end user customers, is referred to as "VNXX traffic." The Commission has not yet determined the regulatory treatment of VNXX traffic, and each Party reserves its rights to advocate its position on, or otherwise pursue its interests with respect to, that issue before the Commission, the FCC, and the courts. Once the Commission has issued a final order making its determination, the Parties witl amend this Agreement to reflect that determination. For purposes of determining the relative use factor, the terminating carrier is responsible for ISP-bound traffc. If either Party demonstrates with traffic data that actual minutes of use during the previous quarter justifies a new relative use factor, that Party will send a notice to the other Party. The new factor wil be calculated based upon Exhibit H. Once the Parties finalize a new factor, bitl reductions and payments witl apply going forward from the date the original notice was sent. 7.3.2.3 Multiplexing options (OS1/0S3 MUX or OSO/OS1 MUX) are available at rates described in Exhibit A. 7.3.3 Trunk Nonrecurring charges 7.3.3.1 Installation nonrecurring charges may be assessed by the provider for each LIS trunk ordered. Qwest rates are specified in Exhibit A. 7.3.3.2 Nonrecurring charges for rearrangement may be assessed by the provider for each LIS trunk rearrangement ordered, at one-half (1/2) the rates specified in Exhibit A. 7.3.4 Exchange Service (EAS/Local) Traffic 7.3.4.1 End Office Switch Catl Termination 7.3.4.1.1 The per-minute-of-use catl termination rates as described in Exhibit A of this Agreement witl apply reciprocally for Exchange Service (EAS/Local) traffic terminated at a Qwest or CLEC End Office Switch. 7.3.4.1.2 For purposes of catl termination, CLEC Switch(es) shatl be treated as End Office Switch(es) unless CLEC's Switch(es) meet the definition of a Tandem Switch in this Agreement in the Definitions Section. 7.3.4.1.3 Intentionatly Left Blank. 7.3.4.1.4 Neither Party shatl be responsible to the other for call termination charges associated with third party traffic that transits such Party's network. April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 71 Section 7 Interconnection 7.3.4.2 Tandem Switched Transport 7.3.4.2.1 For traffic delivered through a Qwest or CLEC Tandem Switch (as defined in this Agreement), the tandem switching rate and the tandem transmission rate in Exhibit A shall apply per minute in addition to the End Office Switch call termination rate described above. 7.3.4.2.2 Mileage shall be measured for the tandem transmission rate elements based on V&H coordinates between the Tandem Switch and terminating End Offce Switch. 7.3.4.2.3 When a Party terminates traffic to a remote Switch, tandem transmission rates will be applied for the V&H mileage between the host Switch and the remote Switch when the identity of each is filed in the NECA 4 Tariff. 7.3.4.2.4 When Qwest receives an unqueried call from CLEC to a number that has been ported to another Switch within the EAS/Local Calling Area, and Qwest performs the query, mileage sensitive tandem transmission rates will apply which reflect the distance to the End Office Switch to which the call has been ported. 7.3.4.2.4.1 To determine the responsible originating Carrier of unqueried calls for purposes of identification of the Carrier to bill LNP query charges, Qwest and CLEC are required to utilize the Number Portability Administration Center (NPAC) database, or another database that is supported by OBF. 7.3.4.3 Intentionally Left Blank. 7.3.4.4 CLEC may choose one (1) of the following two (2) options for the exchange of traffic subject to Section 251(b)(5) of the Act ("Section 251(b)(5) Traffic") (see Exhibit J): 7.3.4.4.1 The rates applicable to Section 251 (b)(5) Traffic between Qwestand CLEC shall be the same as the rates established for ISP-bound traffic pursuant to Section 7.3.6. Such rate for ISP-bound traffc will apply to Section 251(b)(5) Traffic in lieu of End Offce Switch Call Termination rates, and Tandem Switched Transport rates. 7.3.4.4.2 The compensation rate for Section 251(b)(5) Traffic shall be as established by the Commission. The Parties shall cooperate in establishing a process by which Section 251 (b )(5) Traffc and ISP-bound traffc will be identified in order to compensate one another at the appropriate rates and in a prompt manner (see Section 7,3.6). 7.3.4.5 Intentionally Left Blank 7.3.5 Miscellaneous Charges Miscellaneous Charges apply for the following miscellaneous services when provided with LIS trunks. Exhibit A includes a reference to the Tariff, catalog, price list, or other similar document April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 72 Section 7 Interconnection that provides the amount of each Miscellaneous Charge. 7.3.5.1 Cancellation charges apply to canceled LIS trunk orders based upon critical dates, terms and conditions in accordance with the Access Service Tariff Section 5.2.3 and trunk nonrecurring charges referenced in this Agreement. 7.3.5.2 Expedite requests for LIS trunk orders are available. Expedites are requests for intervals that are shorter than the interval defined in Qwests Service Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates. Expedite charges apply per order for every day that the Due Date interval is shortened, based on the standard interval in the SIG or based on ICB criteria for Due Dates. 7.3.5.2.1 CLEC will request an expedite for LIS trunks, including an expedited Due Date, on the Access Service Request (ASR). 7.3.5.2.2 The request for expedite will be approved only when the request meets the criteria outlined in the Pre-Approved Expedite Process in Qwests Product Catalog at Qwests wholesale web site. 7.3.5.3 Additional testing, including cooperative acceptance testing, automatic scheduled testing, cooperative scheduled testing, manual scheduled testing, and non- scheduled testing, is availabre for LIS trunks. 7.3.6 ISP-Bound Traffic 7.3.6.1 Subject to the terms of this Section, intercarrier compensation for ISP- bound traffic exchanged between Qwest and CLEC will be billed pursuant to rates in Exhibit A, without limitation as to the number of minutes of use (MOU) or whether the MOU are generated in "new markets" as that term has been defined by the FCC. 7.3.6.2 Identification of ISP-Bound Traffic - Qwest will presume traffic delivered to CLEC that exceeds a 3:1 ratio of terminating (Qwest to CLEC) to originating (CLEC to Qwest) traffic is ISP-bound traffic. Either Party may rebut this presumption by demonstrating the factual ratio to the Commission. Traffic exchanged that is not ISP- bound traffc will be considered to be Section 251 (b)( 5) traffic. The provisions in this Section apply regardless how the ISP-bound traffic is determined. 7.3.6.2.1 Intentionally Left Blank. 7.3.6.2.2 Intentionally Left Blank. 7.3.6.2.3 Intentionally Left Blank. 7.3.6.3 Intentionally Left Blank. 7.3.7 Transit Traffic The following rates will apply: 7.3.7.1 Local Transit: A per-minute-of-use rate will be charged to the originating Party, as contained in Exhibit A. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 73 Section 7 Interconnection 7.3.7.2 IntraLATA Toll Transit: A per-minute-of-use rate will be charged to the originating Party, as contained in Exhibit A. 7.3.7.3 Jointly Provided Switched Access: The applicable Switched Access rates will be billed by the Parties to the IXC based on MECAB guidelines and each Party's respective FCC and state access tariffs. 7.3.7.4 Category 11 mechanized record charge, per record, for records provided to the terminating Party, as contained in Exhibit A. 7.3.7.5 The Parties disagree as to whether the provision of transiting services and transit mechanized records are required to be provided under Section 251 of the Act. The Parties further disagree as to whether these services are required to be priced according to a TELRIC methodology. Notwithstanding the foregoing, the Parties have included transiting services and transit mechanized records terms, conditions and rates in this Agreement at a rate that was negotiated solely for purposes of completing the agreement. The Parties agree that if the Commission, the FCC or a court of competent jurisdiction issues a legally binding ruling that provides transiting services or transit mechanized records, or both, either are or are not required to be provided under Section 251 of the Act or the services are not required to be priced according to a TELRIC methodology, either Party can provide a notice to the other Party to amend this Agreement or enter into an alternative service arrangement, or both, for transiting services and transit mechanized records. If the Parties fail to agree upon such an amendment or alternative service arrangement within 60 Days after the notification from the Party requesting the amendment, it will be resolved in accordance wiih the Dispute Resolution provision of this Agreement. 7.3.8 Intercarrier Compensation for VolP Traffic 7.3.8.1 Owest will bill CLEC at a rate of $0.0007 per MOU for transport and termination of VolP traffc. 7.3.9 Signaling Parameters: Owest and CLEC are required to provide each other the proper signaling information (e.g., originating Calling Party Number and destination called party number, etc.) per 47 C.F.R. § 64.1601 to enable each Party to issue bills in a complete and timely fashion. All CCS signaling parameters will be provided including Calling Party Number (CPN), Originating Line Information Parameter (OUP) on calls to 8XX telephone numbers, calling party category, Charge Number, etc. All privacy indicators will be honored. If either Party fails to provide CPN (valid originating information), and cannot substantiate technical restrictions (i.e., MF signaling) such traffic will be billed as Switched Access. Traffc sent to the other Party without CPN (valid originating information) will be handled in the following manner. The transit provider will be responsible for only its portion of this traffc, which will not exceed more than ten percent (10%) of the total Exchange Service (EAS/Local) and IntraLATA Toll traffc delivered to the other Party. The Switch owner will provide to the other Party, upon request, information to demonstrate that Party's portion of no-CPN traffc does not exceed ten percent (10%) of the total traffc delivered. The Parties will coordinate and exchange data as necessary to determine the cause of the CPN failure and to assist its correction. 7.3.9.1 Identification of VolP Traffic -- CLEC agrees to complete the incorporation of the necessary coding changes into the call stream records by inserting a unique JIP April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 74 Section 7 Interconnection (LRN) associated with the location of each VolP Provider POP in the terminating record call data. 7.3.10 CLEC Provision and Biling of Interconnection Facilties to Qwest 7.3.10.1 The Parties have established LIS two-way trunks, for reciprocal exchange of traffic, as further identified in the Agreement. CLEC will bill Qwest LIS two~way Entrance Facility ("EF") and Direct Trunked Transport ("DTT") rate element charges as set forth in Exhibit A, reduced by the relative use factor ("RUF") as described in Section 7.3.11. 7.3.10.2 For DTT and EF provided by CLEC to Qwest under the Agreement during the time period set forth in SECTION 7.3.10.3 below, CLEC will bill Qwest for use of the DTT and EF at quantities according to the chart and process in Section 7.3.10.5, at the rates for the elements as listed in Exhibit A to the Agreement (reduced by the RUF as depicted in Section 7.3.11). All other terms and conditions of the Agreement, including but not limited to those with respect to billing, dispute and payment for invoices sent to Qwest by CLEC shall continue to apply. 7.3.10.3 The following methodology set forth in Sections 7.3.10.4 and 7.3.10.5 will apply on a going forward basis through December 6, 2009 and can be extended on a month to month basis subject to the concurrence of both Parties. 7.3.10.4 Billing Methodology: 7.3.10.4.1 To account for network diversity, for compensation purposes only CLEC and Qwest agree that between each CLEC switch location and each associated POI (the "Route Path"), trunk groups will traverse a minimum of two (2) DS3s. Above the two (2) DS3 minimum per Route Path, additional DS3s per Route Path will be added one DS3 at a time. 7.3.10.4.2 The Parties agree on a threshold number of DS1s that represent the point at which it would be essentially the same financially to purchase two (2) DS3 facilities per Route Path as individual DS1 circuits on that Route Path (the "Initial Threshold"). For the Initial Threshold, the following rates and charges apply: If the number of DS 1 s in service on an individual Route Path do not meet the Initial Threshold, the DS1 rate will apply to each and every DS1 circuit in service on that Route Path. Once the Initial Threshold on an Individual Route Path is met, DS 1 s ordered or in service at or below the Initial Threshold on that Route Path will be billed at the standard DS1 rate as set forth on Exhibit A and DS 1 s ordered or in service above the Initial Threshold but below the capacity of the two (2) DS3s on that Route Path will not be billable. In other words, for DS1s in service that exceed the Initial Threshold up to a maximum capacity of two DS3s, the rate for those DS1s will be $0, provided, however, the standard DS1 rate will continue to apply to those number of DS1s in service below the Initial Threshold. 7.3.10.4.3 If the number of DS1 interconnection trunks per Route Path exceed the capacity of two DS3s ("Initial DS3s") such that additional DS3s ("Incremental DS3s") would be required, the Parties agree to set a "SubsequentThreshold". The "Subsequent Threshold" is defined as the point at which the April 15, 200811hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 75 Section 7 Interconnection number of OS 1 s in service above the capacity of the Initial OS3s on a Route Path make it financially the same as purchasing one (1) Incremental OS3. After the quantity of OS 1 s would exceed the capacity of the Initial OS3s on a Route Path, for any Incremental OS3s after that on the Route Path, each OS1 will be billed at the OS1 rate set forth in Exhibit A until the number of OS1s on an Incremental OS3 exceeds the Subsequent Threshold on the Route Path. Each and every OS1 above the Subsequent Threshold on an Incremental OS3 on the Route Path will be billed at a rate of zero ($0) until the capacity of the Incremental OS3 is completely full or utilized, provided, however, the standard OS1 rate will continue to apply to those number of OS 1 s in service on the Incremental OS3 below the Subsequent Threshold. The same methodology and Subsequent Threshold shall apply to any and all subsequent OS3s capacity thresholds on an individual Route Path. 7.3.10.4.4 The Parties agree that the Initial Thresholds for two (2) OS3s is 15 OS 1 s, the first 15 OS 1 s ordered on a Route Path will be billed at the OS 1 rate set forth in Exhibit A. The 16st through the 56th OS1s will be billed at a zero (0) rate. The Parties agree that the Subsequent Threshold for Incremental OS3s is 10. Accordingly, when the 5ih OS1 on a Route Path is ordered, an Incremental OS3 will have been established, and the 5ih through the 66th OS1s will be billed at the OS1 rate set forth in Exhibit A. The6ih through the 84th OS1s on a Route Path will be at a zero (0) rate and so on. The Parties agree to meet on a semi-annual basis to review inventories and to adjust thresholds and billing for going forward purposes. 7.3.10.5 Determination of Facility Volumes for CLEC Billng of EF and OTT at DS1 Levels 7.3.10.5.1 Qwest and CLEC agree that the structure of the billing methodology in Section 7.3.10.4 and payment matrix specifically identified below reflects the actual network configuration and local traffic exchanged between the Parties. The specific network configuration and traffc characteristics of this exchange of traffc are unique to the networks and traffc patterns between each other and the factors set forth below are not applicable, nor valid with any other party. 7.3.10.5.2 Table Summary of Billing Methodology: Number 1-15 16-56 57-66 67-84 85-94 95-112 113-122 Above of 122 - OS1's pattern in continues Service Rate OS1 Zero OS1 Zero OS1 Zero OS1 Above CLEC rate rated rate rated rate rated rate 122 - will bill pattern for continues these circuits 7.3.10.5.3 Example of Billing Methodolgy: April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 76 Section 7 Interconnection Assume CLEC has 60 DS1s that they are entitled to bill to Owest. The bill will show 19 DS1 (1-15 plus 57,58,59,60) at the DS1 rates reflected in Exhibit A and 41 DS1s (16-56) will be zero rated. 7.3.11 Qwest and CLEC Traffic Specific RUFs 7.3.11.1 Owest and CLEC agree that the RUF percentages specifically identified below reflect the actual traffic exchanged between the Parties over LIS trunks. The specific traffic characteristics of this exchange of traffic are unique to the traffic patterns between each other and the factors set forth below are not applicable, nor valid with any other party. State ID TQWRUF 70% QC (TQW) RUF 30% AFY RUF NA QC (AFY) RUF NA 7.4 Ordering 7.4.1 When ordering LIS, the ordering Party shall specify requirements on the Access Service Request (ASR): 1) the type and number of Interconnection facilities to terminate at the Point of Interconnection in the Serving Wire Center; 2) the type of interoffice transport, (Le., direct trunked transport or tandem switched transport); 3) the number of Ports to be provisioned at an End Offce Switch or local Tandem Switch; and 4) any optional features. When the ordering Party requests facilities, routing, or optional features different than those determined to be available, the Parties will work cooperatively in determining an acceptable configuration, based on available facilities, equipment and routing plans. 7.4.2 For each NXX Code assigned to CLEC by the NANPA, CLEC will provide Owest with the CLLI codes of the Owest Tandem Switches and CLEC's Point of Interface to which traffic associated with the NXX will be routed. For NXX Codes assigned to existing LIS trunk groups, CLEC will also provide Owest with the Owest assigned two-six code (TGSN) to which each NXX will be routed. Information that is not currently available in the LERG may be provided via the NPA NXX Code Request Routing Form available on the Owest web site: http://ww.qwest.com/wholesale/notices/npa_nxxProcess.html. Either Party shall respond to a special request for a NPA NXX Code Request Routing Form when a single Switch is served by multiple trunk groups. 7.4.3 When either Party has ordered a DS3 Entrance Facility or private line facility, that Party will order the appropriate DS1 facility required and identify the channels of the DS3 to be used to provide circuit facility assignments (CFA). Also, if either Party has provided or ordered a DS1 Entrance Facility or private line facility, that Party will be responsible for identification of the DSO channels of the DS1 private line to be used to provide CFA. 7.4.4 A joint planning meeting will precede initial trunking orders. These meetings will result in agreement and commitment that both Parties can implement the proposed plan and the transmittal of Access Service Requests (ASRs) to initiate order activity. The Parties will provide their best estimate of the traffc distribution to each End Office Switch subtending the Tandem Switch. 7.4.5 Intentionally Left Blank. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 77 Section 7 Interconnection 7.4.6 Service intervals and Due Dates for initial establishment of trunking arrangements at each new Switch location of Interconnection between the Parties will be determined on an Individual Case Basis. 7.4.7 Qwest will establish intervals for the provision of LIS trunks that conform to the performance objectives set forth in Section 20. Qwest will provide notice to CLEC of any changes to the LIS trunk intervals consistent with the Change Management Process (CMP) applicable to the PCA T. Operational processes within Qwest work centers are discussed as part of the CMP. Qwest agrees that CLEC shall not be held to the requirements of the PCAT. 7.4.8 The ordering Party may cancel an order at any time prior to notification that service is available. If the ordering Party is unable to accept service within thirty (30) Days after the Service Date, the provider has the following options: a) The order will be canceled; cancellation charges as noted in 7.3.5.1 apply unless mutually agreed to by the Parties; b) Intentionally Left Blank. c) Billing for the service will commence. In such instances, the cancellation date or the date Billing is to commence, depending on which option is selected, will be the 31st Day beyond the Service Date. 7.5 _Jointly Provided Switched Access Services 7.5.1 Jointly Provided Switched Access Service is defined and governed by the FCC and state access tariffs, Multiple Exchange Carrier Access Billing (MECAB) and Multiple Exchange Carrier Ordering and Design (MECOD) Guidelines, and is not modified by any provisions of this Agreement. Both Parties agree to comply with such guidelines. 7.5.2 Qwest will agree to function as the Access Service Coordinator (ASC) as defined in the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD) (Technical Reference SR-TAP-000984). Qwest will provide the operational, technical and administrative support required in the planning, Provisioning and maintenance involved in the joint access Provisioning process to the IXCs. Qwest will be unable to fulfill the role of ASC if CLEC does not fully comply with MECOD requirements, including filing CLEC's End Offce Switches and billed percentages (BPs) in the NECA 4 Tariff. 7.5.3 Qwest and CLEC will each render a separate bill to the IXC, using the multiple bill, multiple tariff option. 7.5.4 A charge will apply for Category 11-01-XX Access Services records sent in an EMR mechanized format. These records are used to provide information necessary for each Party to bill the Interexchange Carrier for Jointly Provided Switched Access Services and 8XX database queries. The charge for each Billable Record created and transmitted is listed in Exhibit A of this Agreement. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 78 Section 7 Interconnection 7.6 Transit Records 7.6.1 Qwest and CLEC will exchange wireline network usage data originated by a wireline Local Exchange Carrier (LEG) where the NXX resides in a wireline LEC Switch, transits Qwests network, and terminates to CLEC's network, if CLEC requests to exchange such data. Each Party agrees to provide to the other this wireline network usage data when Qwest or CLEC acts as a transit provider currently or in the future. The Parties understand that this information is Carrier protected information under Section 222 of the Telecommunications Act and shall be used solely for the purposes of Billing the wireline LEC. CLEC will provide to Qwest information to be able to provide transit records on a mechanized basis when Technically Feasible. This includes, but is not limited to: service center information, operating company number, and state jurisdiction. Qwest and CLEC agree to exchange wireline network usage data as Category 11-01-XX. 7.6.2 Qwest and CLEC will exchange wireless network usage data originated by a Wireless Service Provider (WSP) where the NXX resides in a WSP Switch, transits Qwests network, and terminates to CLEC's network, if CLEC requests to exchange such data. Each Party agrees to provide to the other this wireless network usage data when Qwest or CLEC acts as a transit provider currently or in the future. The Parties understand that this information is Carrier protected information under Section 222 of the Telecommunications Act and shall be used solely for the purposes of Billing the WSP. CLEC will provide to Qwest information to be able to provide transit records on a mechanized basis when Technically Feasible. This includes, but is not limited to: service center information, operating company number and state jurisdiction. Qwest and CLEC agree to exchange wireless network usage data as Category 11 ~ 01-XX. 7.6.3 A charge will apply for Category 11-01-XX transit records requested by CLEC and sent in an EMR mechanized format. These records are used to provide information necessary for each Party to bill the originating Carrier for transit when Technically Feasible. The charge for each Billable Record created and transmitted is listed in Exhibit A of this Agreement. 7.7 Local Interconnection Data Exchange for Biling 7.7.1 There are certain types of calls or types of Interconnection that require exchange of Billing records between the Parties, including, for example, alternate billed and Toll Free Service calls. The Parties agree that all call types must be routed between the networks, accounted for, and settled among the Parties. Certain calls will be handled via the Parties' respective operator service platforms. The Parties agree to utilize, where possible and appropriate, existing accounting and settlement systems to bill, exchange records and settle revenue. 7.7.2 The exchange of Billing records for alternate billed calls(e.g., calling card, bill-to- third-number and collect) will be distributed through the existing CMOS processes, unless otherwise separately agreed to by the Parties. 7.7.3 Inter-Company Settlements (ICS) revenues will be settled through the Calling Card and Third Number Settlement System (CATS). Each Party will provide for its own arrangements for participation in the CATS processes, through direct participation or a hosting arrangement with a direct participant. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 79 Section 7 Interconnection 7.7.4 Non-ICS revenue is defined as IntraLAT A collect calls, calling card calls, and billed to third number calls which originate on one (1) service provider's network andare billed by another service provider located within the same Qwest geographic specific region. The Parties agree to negotiate and execute an agreement for settlement of non-ICS revenue. This separate arrangement is necessary since existing CATS processes do not permit the use of CATS for non-ICS revenue. The Parties agree that current message distribution processes, including the CMOS system or Qwest in-region facilities, can be used to transport the call records for this traffc. 7.7.5 Both Parties will provide the appropriate call records to the IntraLATA Toll Free Service provider, thus permitting the service provider to bill its customers for the inbound Toll Free Service. No adjustments to bills via tapes, disks or Network Data Mover (NOM) will be made without the mutual agreement of the Parties. April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 80 Section 8 Collocation Section 8.0 - COLLOCATION 8.1 Description 8.1.1 Collocation allows for the placing of equipment by CLEC at Qwests Premises, where Technically Feasible, that is necessary for accessing Unbundled Network Elements (UNEs), ancilary services or Interconnection. Collocation includes the leasing to CLEC of physical space in Qwest Premises, as well as the resources necessary for the operation and economical use of collocated equipment, such as the use by CLEC of power; heating, ventilation and air conditioning (HVAC); and cabling in Qwests Premises. Collocation also allows CLEC to access Interconnection Distribution Frames (ICDF) for the purpose of Interconnection, accessing and combining Unbundled Network Elements and accessing ancillary services. There are currently nine (9) standard types of Collocation available pursuant to this Agreement - Virtual, Caged Physical, Shared Caged Physical, Cageless Physical, Interconnection Distribution Frame, Adjacent, Common Area Splitter, Remote and Facility Connected. Other types of Collocation may be requested through the BFR process. 8.1.1.1 Virtual Collocation -- A Virtual Collocation arrangement requires CLEC to purchase and deliver to Qwest CLEC's own equipment for Qwest to install, repair, and maintain in Qwests Premises. CLEC does not have physical access to its virtually collocated equipment in the Qwest Premises. 8.1.1.2 Caged Physical Collocation -- allows CLEC to lease caged floor space for placement of its equipment within Qwests Premises. CLEC is responsible for the procurement, installation and on-going maintenance of its equipment as well as the Cross Connections required within the cage. 8.1.1.3 Cageless Physical Collocation -- is a non-caged area within a Qwest Premises. In Wire Centers, space wil be made available in single frame bay increments. In Wire Centers, the current minimum square footage is nine (9) square feet per bay, however, if smaller bays are or become available, Qwest wil reduce the minimum square footage accordingly. Space wil be provided utilizing industry standard equipment bay configurations in which CLEC can place and maintain its own equipment. CLEC is responsible for the procurement, installation and on-going maintenance of its equipment as well as the Cross Connections required within CLEC's leased Collocation space. 8.1.1.4 Shared Caged Physical Collocation -- allows two (2) or more CLECs to share or sublease a single Collocation enclosure. Under Shared Physical Collocation, one (1) CLEC obtains a Caged Physical Collocation arrangement from Qwest pursuant to this Agreement or an approved Interconnection Agreement, and another CLEC, pursuant to the terms of its Interconnection Agreement, may share use of that space, in accordance with the terms and conditions of a sublease agreement between the two (2) CLECs. Shared Collocation may also be established through joint Application by CLECs in which Qwest wil have a separate Billing relationship with each applicant and will look to each collocating CLEC for payment of its proportionate share of the charges relating to the Collocation space. Qwest wil prorate the charge for site conditioning and April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 81 Section 8 Collocation preparation undertaken by Owest to construct the Shared Collocation cage or condition the space for Collocation use, regardless of how many Carriers actually collocate in that cage, by determining the total charge for site preparation and allocating that charge to a collocating CLEC (and billed directly to each such CLEC) based on the percentage of the total space utilized by that CLEC as per the Collocation Application. Owest shall not place unreasonable restrictions on CLEC's use of a Collocation cage, such as limiting CLEC's ability to contract with other CLECs to share CLEC's Collocation cage in a sublease-type arrangement. In addition, if two (2) or more CLECs who have Interconnection Agreements with Owest utilize a Shared Collocation arrangement, Owest shall permit each CLEC to order UNEs to and provision service from that Shared Collocation space, regardless of which CLEC was the original collocator, directly from Owest. Owest shall make Shared Collocation space available in single-bay increments or their equivalent. 8.1.1.5 Interconnection Distribution Frame (ICDF) Collocation -- is offered for the purpose of facilitating CLEC's combining of Unbundled Network Elements, Finished Services, including Local Interconnection Trunks, and ancillary services. Under ICDF Collocation, CLEC need not collocate equipment in the Owest Wire Center. With ICDF Collocation, CLEC will have access to the Owest Wire Center and an ICDF to combine UNEs, Finished Services, and ancillary services. The ICDF connects through tie cables to various points within the Wire Center (e.g., MDF, COSMICTM or DSX, etc.) providing CLEC with access to UNEs and ancillary services. 8.1.1.5.1 The ICDF is a distribution frame shared by multiple providers. If CLEC desires a dedicated distribution frame for the purpose 'Of facilitating CLEC's combination of UNEs and ancillary services, CLEC may do so through the placement of a CLEC-owned Cross Connection device collocated in the Owest Wire Center through either Caged or Cage less Physical Collocation. 8.1.1.6 Adjacent Collocation - is available in those instances where space is legitimately exhausted in a particular Owest Premises to accommodate Physical Collocation. Owest shall make space available in adjacent controlled environmental vaults, controlled environmental huts, or similar structures to the extent Technically Feasible. Owest shall permit CLEC to construct or otherwise procure such an adjacent structure on property owned, leased or otherwise controlled by Owest, subject only to applicable OSHA, EPA, federal, state, and local safety and maintenance requirements. Such adjacent structure shall be in accordance with Owests design and space planning for the site. CLEC may propose the design for the adjacent structure, subject to Owests approval, which approval may not be unreasonably withheld or delayed, Owest must provide power and physical Collocation services and facilities, subject to the same nondiscrimination requirements as applicable to any other physical Collocation arrangement. Owest must permit CLEC to place its own equipment, including, but not limited to, copper cables, coaxial cables, fiber cables, and Telecommunications Equipment, in adjacent facilities constructed by Owest, by CLEC itself, or a third party. 8.1.1.7 Common Area Splitter Collocation - Allows CLEC to place Splitters in a common space area outside its Collocation space near CLEC's DSO termination points. Owest will install Splitter shelves for shared use by CLECs. 8.1.1.8 Remote Collocation - allows CLEC to collocate equipment in or adjacent to a Owest Remote Premises. The terms for Remote Collocation are set forth more fully April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 82 Section 8 Collocation in Section 8.2.7 and 8.4.6. 8.1.1.8.1 A Field Connection Point (FCP)/Cross-Connect Collocation Application Form is required to designate Cross Connections in a Subloop environment when the Collocation takes place in the detached terminal location. This application can be found under the Applications and APOT forms table in Owests Collocation Product Catalog on Owests web site. A nonrecurring charge will be developed on an Individual Case Basis (ICB) and consists of the costs to establish or augment the FCP or MTE. If the accessible terminal must be expanded to accommodate CLEC's request, an additional nonrecurring charge will apply as part of the ICB charge. This type of access and Cross Connection is not Collocation. Provisions concerning Subloop access and intervals are contained in Section 9.3. 8.1.1.9 Facility Connected (FC) Collocation -- Facility Connected (FC) Collocation allows CLEC to access Unbundled Network Elements (UNEs), ancillary services and Finished Services within a Owest Wire Center via an Entrance Facility without collocating physical equipment in the Wire Center. FC Collocation is provided on a termination block or termination panel within the designated Wire Center and is engineered, provisioned, maintained, and repaired by Owest. 8.2 Terms and Conditions 8.2.1 Terms and Conditions - All Collocation 8.2.1.1 Owest shall provide Collocation on rates, terms and conditions that. are just, reasonable and nondiscriminatory. In addition, Owest shall provide Collocation in accordance with all applicable federal and state laws. 8.2.1.1.1 For Commingling, see Section 9. 8.2.1.2 Collocation of Switching Equipment. CLEC may collocate any equipment that is necessary for Interconnection or access to Unbundled Network Elements. 8.2.1.2.1 Digital Subscriber Line Access Multiplexers (DSLAMS) always meet this legal standard. 8.2.1.2.2 Asynchronous Transfer Mode (ATM) or Packet Switching also meets this legal standard when used for Interconnection or access to Unbundled Network Elements for purposes of providing Advanced Services such as xDSL. Equipment used predominantly to support DSLAMs and ATMs, such as routers and concentrators, as well as testing and network management equipment also meet this legal standard. Before any equipment that includes switching functionality is installed, CLEe must provide a written inventory to Owest of all switching equipment and how it will be used for Interconnection or access to Unbundled Network Elements. Once CLEC establishes that it will use a certain type of equipment for Interconnection or access to Unbundled Network Elements, Owest will allow future Collocations of similar equipment without requesting a written justification unless and until Owest can establish to the state Commission that such equipment is not intended for Interconnection or access to Unbundled Network Elements. However, Owest will complete the Collocation within the April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 83 Section 8 Collocation appropriate interval unless granted relief by the Commission. 8.2.1.2.3 Remote Switching Units (RSUs) also meet this legal standard when used for Interconnection or access to Unbundled Network Elements for purposes of providing local Exchange Service. 8.2.1.2.4 Except as provided for in Sections 8.2.1.2.1 through 8.2.1.2.3 above, CLEC may not collocate equipment that is not necessary for Interconnection or access to Unbundled Network Elements. 8.2.1.3 CLEC must identify what transmission and Cross Connection equipment will be installed and the vendor technical specifications of such equipment so that Qwest may verify the appropriate power, floor loading, heat release, environmental particulate level, HVAC, and tie cables to CLEC-provided Cross Connection device. 8.2.1.4 Demarcation points for Unbundled Network Elements .(UNEs) and ancillary services. The Demarcation Point for Unbundled Network Elements and ancillary services is that physical point where Qwest shall terminate its Unbundled Network Elements and ancillary services for access by CLEC. There are two (2) standard Demarcation Points where Unbundled Network Elements and ancillary services may be delivered to CLEC. CLEC shall specify its choice of standard Demarcation Points for its access to UNEs and ancillary services. One available Demarcation Point is at CLEC-provided Cross Connection equipment in CLEC's Physical or Virtual Collocation space. Alternatively, the Demarcation Point can be at an Interconnection Distribution Frame (ICDF) or may be established at a location jointly agreed to by CLEC and Qwest. To the extent CLEC selects a Demarcation Point outside of its collocated space, CLEC shall provide and Qwest shall install the tie cables from CLEC's collocated equipment to the Demarcation Point. Alternatively, Qwest shall provide and install these tie cables, at CLEC's expense. 8.2.1.5 Qwest will provide a connection between Unbundled Network Elements and ancillary services and a Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). The Demarcation Point shall be: a) at CLEC-provided Cross Connection equipment located in CLEC's Virtual or Physical Collocation space; or b) if CLEC elects to use ICDF Collocation, at the Interconnection Distribution Frame (ICDF); or c) if CLEC elects to use an ICDF in association with Virtual or Physical Collocation, at the ICDF; or d) at a direct connection point of termination as described in Section 8.3.1.11.2; or e) at another Demarcation Point mutually-agreed to by the Parties. 8.2.1.6 CLEC may purchase Qwests finished Private Line or Switched Access Services via applicable Tariff terms and conditions. These services will be terminated at the Demarcation Point. April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 84 Section 8 Collocation 8.2.1.7 For Caged and Cage less Physical Collocation and Virtual Collocation, CLEC must lease space for the placement of CLEC's equipment within Owests Premises. Owest will provide the structure that is necessary in support of Collocation including physical space, a cage (for Caged Physical Collocation), required cabling between equipment and other associated hardware. 8.2.1.8 All equipment shall meet and be installed in accordance with Network Equipment Building System (NEBS) Level 1 safety standards. Owest shall provide standard Premises alarming pursuant to Owest Technical Publication 77385. Owest shall not impose safety or engineering requirements on CLEC that are more stringent than the safety or engineering requirements Owest imposes on its own equipment located on its Premises. 8.2.1.9 Space Availability Report -- Upon request by CLEC, Owest will submit to CLEC within ten (10) Days of CLEC's request, a report for each requested Premises, that includes: a) available Collocation space in a particular Owest Premises; b) number of collocators; c) any modifications in the use of the space since the last report; d) measures that Owest is taking to make additional space available for Collocation; e) whether suffcient power is available to meet the specific CLEC request; f) number of CLECs in queue at the Premises, if any; .. g) whether the Wire Center is equipped with DS3 capability; and h) the number and description of Owest and its Affliates and reservations of space by all CLECs. 8.2.1.9.1 A Space Availability Report Charge in Exhibit A will apply to each Space Availability Report requested by CLEC and shall apply on per Premises basis. 8.2.1.9.2 Inventory Report - Remote Premises. The locations of the Remote Premises (e.g., Feeder Distribution Interfaces, "FDI") and the end user customer addresses served by each Remote Premises are available to CLEC through the Raw Loop Data TooL. Remote Premises with digital loop carrier and pair gain equipment will be provided on the web site in the ICONN database. (ICONN is available through the Owest web site located at http://www.qwest.com/iconn.) If CLEC is unable to determine the information it seeks regarding the Remote Premises after using such database tools, Owest will provide CLEC with a report that contains the information. The Parties agree that a charge may apply to such report, based on time and material, unless the database information is inaccurate or unusable for the Remote Premises then no charge would apply. Owest will provide CLEC access to relevant plats, maps, April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30,2007 85 Section 8 Collocation engineering records and other data in accordance with Section 10.8.2.4. In addition, CLEC can request a copy of Owests distribution area map associated with the Remote Premises, with a charge for time and materiaL. 8.2.1.10 Collocation is offered on a first-come, first-served basis. Requests for Collocation may be denied due to the legitimate lack of suffcient space in a Owest Premises for placement of CLEC's equipment. If Owest determines that the amount of space requested by CLEC for Caged Physical Collocation is not available, but a lesser amount of space is available, that lesser amount of space will be offered to CLEC for Caged Physical Collocation. Alternatively, CLEC will be offered Cageless Physical Collocation (single frame bay increments), or Virtual Collocation as an alternative to Caged Physical Collocation. In the event the original Collocation request is not available due to lack of sufficient space, and CLEC did not specify an alternative form of Collocation on the original order form, CLEC will be required to submit a new order for CLEC's preferred alternative Collocation arrangement. If CLEC identifies alternate ch.oices for Collocation on its original Collocation request, Owest will determine the feasibility of the next preferred option in the event CLEC's first choice is not available. To the extent possible, Owest shall make contiguous space available to CLEC when it seeks to expand its existing Collocation space. Where adjoining space is not available, Owest will engineer a route for CLEC to provide facilities between the non-adjoining CLEC Collocation spaces as part of the Collocation order. When planning renovations of existing facilities or constructing or leasing new facilities, Owest shall take into account projected demand for Collocation of equipment. 8.2.1.10.1 Space Denial Oueue - Owest will maintain a list of denied Collocation requests, in order of the date of receipt (Space Denial Oueue), for each Premises where Owest has exhausted Collocation space. A separate queue will be maintained for each Premises. When space becomes available in a Premises in which a queue has developed, Owest will inform CLECs in the queue that space for Collocation has become available. If there is insuffcient space to accommodate all of the CLECs in queue, Owest shall notify CLECs of the availability of space in accordance with the CLEC's position in the queue. CLEC must respond within ten (10) Days of receipt of notification from Owest with a new Collocation Application. If CLEC does not provide a Collocation Application within ten (10) Days of receipt of notification, or if CLEC responds that it no longer requires the Collocation space, CLEC shall be removed from the queue and the available space shall be offered to the next CLEC in the queue. If the space made available to CLEC in the queue is not sufficient to meet such CLEC's needs, such CLEC may deny the space that becomes available and keep its position in the queue. 8.2.1.11 If Owest denies a request for Collocation in a Owest Premises due to space limitations, Owest shall allow CLEC representatives to tour the entire Premises escorted by Owest personnel within ten (10) Days of CLEC's receipt of the denial of space, or a mutually agreed upon date. Owest will review the detailed floor plans for the Premises with CLEC during the tour, including Owest reserved or optioned space. Such tour shall be without charge to CLEC. If, after the tour of the Premises, Owest and CLEC disagree about whether space limitations at the Premises make Collocation impractical, Owest and CLEC may present their arguments to the Commission. In addition, if after the fact it is determined that Owest has incorrectly identified the space limitations, Owest will honor the original Collocation Application date for determining April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 86 Section 8 Collocation RFS unless both Parties agree to a revised date. 8.2.1.12 Qwest shall submit to the Commission, subject to any protective order as the Commission may deem necessary, detailed floor plans or diagrams of any Premises where Qwest claims that Physical Collocation is not practical because of space limitations. 8.2.1.13 Qwest will maintain a publicly available document, posted for viewing on the Internet, (www.qwest.com/wholesale/notices/collo/spaceavail.html). indicating all Premises that are full, and will update this document within ten (10) Days of the date at which a Premises runs out of physical space and will update the document within ten (10) Days of the date that space becomes available. The Space Exhaust Report will be updated within the ten (10) Day period and will identify all Wire Centers that are full, whether or not there has been a CLEC requested Space Availability Report. 8.2.1.13.1 Space Denial Reports- The Space Denial Report is another publicly available document which includes, based on information Qwest develops through the Space Availability Report process, the Reservation Process, or the Feasibility Study Process: http://www.qwest.com/wholesale/notices/collo/spaceAvail.html.) The Space Denial Report will be updated within ten (10) Days after Qwest denies any application for Collocation due to a lack of space. a) Number of CLEes in queue at the Premises, if any; b) Premises that have not been equipped with DS3 capability; c) Estimated date for completion of power equipment additions that will lift the restriction of Collocation at the Premises; and d) Address of the Remote Premises that have been inventoried for Remote Collocation, and if the Remote Premises cannot accommodate Collocation. 8.2.1.14 Reclamation and Reconditioning of Space 8.2.1.14.1 Reclamation of Space -- Reclamation of space is performed by Qwest removing unused, obsolete Qwest equipment to make space for equipment use. The cost of removal of the obsolete unused equipment shall be borne by Qwest. 8.2.1.14.1.1 If CLEC issues a forecast or reservation for Collocation, Qwest shall use its best judgment to determine whether it would be appropriate to reclaim space and or equipment to meet expected Collocation requirements. 8.2.1.14.1.2 If CLEC issues a Collocation Application and unused, obsolete equipment must be removed to provide the requested Collocation, Qwest will affirmatively remove such unused, obsolete equipment as necessary to fulfill the Collocation request within the applicable interval set forth in section 8.4. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 87 Section 8 Collocation 8.2.1.14.2 Reconditioning of Space -- Reconditioning of space is the remodeling of space for equipment use, such as, but not limited to, adding HVAC. The Collocation feasibility study will identify whether reconditioning of space is available and necessary to meet CLEC needs for Collocation. If requested by CLEC, Qwest will assess the cost of such reconditioning, provide a quotation to CLEC for the costs, and upon Acceptance of quotation by CLEC, perform the necessary work to recondition the space. For reconditioned space, CLEC is responsible for prorated charges based on the amount of space requested. 8.2.1.15 Cancellation of Collocation Request. CLEC may cancel a Collocation request prior to the completion of the request by Qwest by submitting a Collocation Cancellation Application. CLEC shall be responsible for payment of all costs incurred by Qwest up to the point when the cancellation is received. Collocation Cancellation is available for all Collocations under a particular billing authorization number (BAN) for which CLEC has not received notification of completion from Qwest. Cancellation is offered for all types of Collocation. A cancellation will only occur upon request by CLEC. 8.2.1.15.1 CLEC may submit a Collocation Cancellation Application if the Collocation job is in progress. Upon receipt of a completion notice for the specific Collocation job, the Collocation can no longer be cancelled. Qwest will provide acknowledgment of acceptance or rejection of the Collocation Cancellation Application within one (1) business day of receipt. Qwest will stop work on a Collocation in progress upon receipt and acceptance of a Collocation Cancellation Application. A request for cancellation is irrevocable once Qwest has accepted the Collocation Cancellation Application. 8.2.1.15.2 In the event there is a Common Area Splitter Collocation or CLEC has requested a direct CLEC-to-CLEC connection arrangement with the same BAN as the Collocation job to be canceled, the associated Common Area Splitter Collocation and direct CLEC-to-CLEC connection will also be cancelled. 8.2.1.15.3 Qwest will not charge for canceling the Collocation job except for work already completed as of acceptance by Qwest of the Collocation Cancellation Application. Charges will be based on when Qwest receives the Collocation Cancellation Application and the completion status of the Collocation work. A quotation will be issued within thirty (30) Days of Qwests acceptance of the Collocation Cancellation Application. 8.2.1.15.4 Additional Labor - Other. This charge is for additional labor not included in the quotation described in 8.2.1.15. This additional labor may include testing and labor activities completed as mutually agreed to accommodate a specific customer request. 8.2.1.16 Qwest may retain a limited amount of floor space for its own specific future uses, provided, however, that neither Qwest nor any of its Affiliates may reserve space for future use on terms more favorable than those that apply to CLEC's reservation of Collocation space for CLEC's own future use. Qwest shall relinquish any space held for future use before denying a request for Virtual Collocation on the grounds of space limitations, unless Qwest proves to the Commission that Virtual Collocation at that point is not Technically Feasible. April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 88 Sectioh 8 Collocation 8.2.1.17 In addition to the requirements of Section 8.2.1.8, all Collocation installation and structures shall meet applicable earthquake safety rating requirements comparable to and to the same extent that Qwest installations and structures meet earthquake rating requirements as contained in the Network Equipment Building System (NEBS) - BR GR-63-CORE document. A list of Qwest Premises and the applicablerelated earthquake ratings is available for review on the Qwest web site at: http://ww.qwest.com/wholesale/pcat/collocation.html. 8.2.1.18 Qwest will review the security requirements, issue keys, ID cards and explain the access control processes to CLEC. The access control process includes but is not limited to the requirement that all CLEC approved personnel are subject to trespass violations if they are found outside of designated and approved areas or if they provide access to unauthorized individuals. Likewise, Qwest personnel are subject to trespass violations if they are found to be wrongfully inside CLEC physical caged collocated areas or if they wrongfully provide access to unauthorized individuals. 8.2.1.18.1 Qwest will take all reasonable measures to ensure that CLEC equipment collocated in Qwest Premises is afforded physical security at Parity with Qwests similarly situated equipment. Should an event occur within a Qwest Premises that suggests vandalism or other tampering with CLEC's equipment, Qwest will, at CLEC's request, vigorously and thoroughly investigate the situation. CLEC shall cooperate in the investigation as requested by Qwest. Qwest will keep CLEC apprised of the progress of any investigation, and report any conclusions in a timely manner. 8.2.1.19 Qwest shall provide access to CLEC's collocated equipment and existing eyewash stations, bathrooms, and drinking water within the Premises on a twenty-four (24) hours per day, seven (7) days per week basis for CLEC personnel and CLEC's designated agents. Such access shall be permitted without requiring either a security escort of any kind or delaying CLEC's personnel and CLEC's designated agents entry into Qwest Premises. Qwest shall provide CLEC with access to other basic facilities, including parking, where available on a first-come, first-served basis. 8.2.1.20 CLEC shall be restricted to corridors, stairways, and elevators that provide direct access to CLEC's space, or to the nearest restroom facility from CLEC's designated space, and such direct access will be outlined during CLEC's orientation meeting. Access shall not be permitted to any other portion of the building. 8.2.1.21 Nothing herein shall be construed to limit CLEC's ability to obtain more than one form of Collocation (i.e., Virtual, Caged, Shared and Cageless Physical Collocation or ICDF Collocation) in a single Premises, provided space is available. 8.2.1.22 Termination of Collocation Arrangement. CLEC may terminate a completed Collocation arrangement by a Collocation Decommission or a Collocation Transfer of Responsibility. A Collocation site is only eligible for Collocation Decommission or a Collocation Transfer of Responsibility after the site is built-out and accepted by CLEC. Abandoned equipment shall be handled as detailed in Section 8.2.1.22.3. 8.2.1.22.1 Collocation Decommission. Collocation Decommission refers to the deactivation of a Collocation site occupied by CLEC and removal of CLEC April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 89 Section 8 Collocation equipment. Collocation Decommission is offered for all types of Collocation. A request íor decommissioning is irrevocable once Owest accepts the Collocation Decommission Application. 8.2.1.22.1.1 Prior to submitting a Collocation Decommission Application, all CLEC's financial obligations with respect to the Collocation site to be decommissioned must be current, with the exception of charges disputed pursuant to Section 5.4. CLEC financial obligations with respect to the Collocation site to be decommissioned include payment of one hundred percent (100%) of all nonrecurring quoted charges and all applicable monthly recurring charges that are more than thirty (30) Days past due. 8.2.1.22.1.2 CLEC must disconnect all services, including any administrative services, from the Collocation site to be decommissioned prior to submitting the Collocation Decommission Application. All of CLEC's administrative lines and customer services need to be disconnected via the appropriate Access Service Request (ASR) or Local Service Request (LSR). If CLEC has not disconnected all services, all charges with respect to the Collocation site will continue to accrue and the Collocation Decommission Application will be rejected. 8.2.1.22.1.2.1 For direct CLEC-to-CLEC connection arrangements, CLEC should submit a letter of authorization (LOA) signed by both CLECs involved in the direct CLÉC-to-CLEC connection arrangement. Failure to include such LOA will result in the rejection of the Collocation Decommission Application. 8.2.1.22.1.3 CLEC should remove its equipment prior to submitting a Collocation Decommission Application. Equipment includes all CLEC owned electronic equipment, equipment racks, mounting hardware, and CLEC supplied cable (including direct CLEC-to-CLEC cables), termination blocks and cage materials. If CLEC does not remove its equipment within thirty (30) Days of Owests acceptance of the Collocation Decommission Application, Owest will send a notification stating the equipment is considered abandoned. Upon receiving notification of abandonment from Owest, CLEC will have fifteen (15) Days to notify Owest that the equipment is not abandoned and remove its equipment. If CLEC does not respond to the notification and remove the equipment and Owest determines that the equipment has been abandoned, Owest will send a final notification and bill CLEC for any and all claims, expenses, fees or other costs associated with the removal by Owest of the abandoned equipment, including any materials used in the removal and the hourly labor rate charges. CLEC will hold Owest harmless from the failure to return any such equipment, property or other items. 8.2.1.22.1.4 Owest will remove all Collocation entrance facilities. For shared Collocation entrance facilities, Owest will cut all fiber and/or copper Collocation entrance facilities at the splice point in the Collocation Point of Interconnection (C-POI). For express Collocation entrance April 15, 200811hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 90 Section 8 Collocation facilities, Owest will remove and dispose of the Collocation entrance fiber. 8.2.1.22.1.5 For Virtual Collocation, Owest will automatically remove all equipment within ninety (90) Days. Owest will negotiate with CLEC to schedule the pick up of the equipment. There will be no charge for the removal of CLEC's Virtual Collocation equipment. 8.2.1.22.1.6 For Collocations with direct CLEC-to-CLEC connection arrangements, CLEC is required to disconnect and remove the direct CLEC-to-CLEC connections. Owest prefers that CLEC disconnect and remove the direct CLEC-to-CLEC connection cables prior to submitting the Collocation Decommission Application. If CLEC is not able to disconnect and remove the cables prior to submitting the Collocation Decommission Application, CLEC will be allowed thirty (30) Days from Owests acceptance date of the Collocation Decommission Application. to disconnect and remove the direct CLEC-to-CLEC connection cables. If CLEC has not removed the direct CLEC-to-CLEC connections, it will be treated as abandoned equipment. 8.2.1.22.1.7 CLEC will be eligible for a refund for all elements defined as either reusable or reimbursable, if acquired by another CLEC during the following defined time period. An inventory will be completed by Owest and furnished to CLEC within ninety (90) Days of the Collocation Decommission Application acceptance identifying the reimbursable and reusable elements and the potential credit. 8.2.1.22.1.7.1 Reimbursable elements considered for a refund are: DSO, DS 1, and DS3 termination cabling, and fiber terminations, excluding Collocation entrance facility cabling. These elements will be eligible for a refund for up to one (1) year after the date of decommissioning. 8.2.1.22.1.7.2 Reusable elements include components used to provision the original Collocation site (e.g., cage, bays, HVAC, cable racking). These elements will be eligible for a refund for up to three (3) years after the date of decommissioning. 8.2.1.22.1.8 CLEC is required to return the space to turnover condition. Turnover condition is defined as the same condition in which CLEC originally assumed the Collocation site. CLEC must relinquish security access if not currently leasing another Collocation site in the same Wire Center when verification of equipment removal is completed. Security access will be terminated within thirty (30) Days of receipt of an accepted Collocation Decommission Application, unless alternative arrangements have been agreed to by Owest. 8.2.1.22.1.9 Ordering - CLEC should submit a Collocation Decommission Application form. Owest wil notify CLEC within one (1) business day if the prerequisites have been met. Owest will validate the order within two (2) business days from receipt of the Collocation Decommission Application. Owest will provide an inventory of the eligible April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 91 Section 8 Collocation reimbursable and reusable elements and the potential credits within ninety (90) Days of the Collocation Decommission Application acceptance. 8.2.1.22.1.10 Billing - Qwest will not charge for decommissioning Collocations unless equipment has been abandoned or the Collocation space has not been returned to turnover condition. Charges for work related to the removal of abandoned equipment or returning the Collocation space to turnover condition include miscellaneous hourly labor charges and, if applicable, dispatch charges will apply for unmanned Central Offices and Remote Collocations. 8.2.1.22.2 Collocation Transfer of Responsibility. Collocation Transfer of Responsibility is the transfer of a Collocation site from vacating CLEC (current CLEC leasing the space in the Premises) to an assuming CLEC. Collocation Transfer of Responsibility is available for Caged Physical Collocation, Cageless Physical Collocation, and Virtual Collocation. All other types of Collocation to be transferred will be handled on an Individual Case Basis (ICB). There are two (2) types of Collocation Transfer of Responsibility: 1) Collocation Transfer of Responsibility Without Working Circuits - The Collocation is not serving any customers and does not have active service terminations (e.g., Interconnection trunks or UNE Loops) or 2) Collocation Transfer of Responsibility With Working Circuits - The Collocation has active service terminations, such as Interconnection trunks or is serving customers. 8.2.1.22.2.1 Generally, Collocation Transfer of Responsibility is not available if another CLEC or Qwest are waiting in queue for available space within the requested Premises; however, if assuming CLEC acquires all or substantially all of the Collocation sites of vacating CLEC in Qwest Premises in the state, such transfers shall not be subject to any queue for available space. In addition, regardless of any space requests that may be pending in a Qwest Premises, Collocation Transfer of Responsibility shall be available when vacating CLEC and assuming CLEC are affliated corporate entities prior to or immediately after the proposed transfer, or the transfer is due to a bankruptcy court order. If vacating CLEC has filed for bankruptcy, assuming CLEC must comply with Applicable Law in obtaining the transfer of the Collocation site. 8.2.1.22.2.2 Both vacating CLEe's and assuming CLEC's Interconnection Agreements with Qwest must contain finalized terms and conditions for Collocation Transfer of Responsibility and all associated services. Assuming CLEC is required to have an Interconnection Agreement with Qwest prior to submitting a Collocation Transfer of Responsibility request. Assuming CLEC will need to amend any previously existing Interconnection Agreement prior to submittng a Collocation Transfer of Responsibility request if its Interconnection Agreement does not contain the terms and conditions and rate elements for all services that will be transferred. 8.2.1.22.2.3 Collocation Transfer of Responsibility with working circuits is available if only administrative changes are required and the April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 92 Section 8 Collocation transfer does not involve translations work that needs to be processed in conjunction with the transfer. If translations work is needed, CLEC's transfer plans shall allow for the completion of the Collocation Transfer of Responsibility prior to initiating any translation activity. 8.2.1.22.2.4 A request for Collocation Transfer of Responsibility is irrevocable upon one hundred percent (100%) payment by assuming CLEC of the nonrecurring Collocation transfer charges reflected on the quotation. 8.2.1.22.2.5 The Collocation site to be transferred is identified by vacating CLEC's eleven (11) character CLLlTM code. The Collocation site will be transferred "as is" and in its entirety. This includes, but is not limited to, Collocation entrance facilities from the Collocation - Point of Interface (C-POI) manhole, cables, Splitters, and working circuits, if . applicable. If the Collocation site has a Common Area Splitter Collocation associated with it, the Common Area Splitter Collocation will be transferred as part of the Collocation Transfer of Responsibility. 8.2.1.22.2.6 The transfer of equipment between vacating CLEC and assuming CLEC will be the responsibility of vacating CLEC and assuming CLEC. Qwest is not responsible for the physical condition of vacating CLEC's equipment, with the exception of equipment associated with a Virtual Collocation, as set forth in CLECs'lnterconnection Agreements. The negotiation of the transfer terms and conditions between vacating CLEC and assuming CLEC is the responsibility of those two parties. Qwest will not participate in these negotiations. Qwest will only manage the database and records transfer. 8.2.1.22.2.7 Assuming CLEC will provide the information Qwest will need to update the following items: Customer Name, Access Carrier Name Abbreviation (ACNA), Master Customer Number (MCN), CLEC address, phone number, billing and contact information, and contract number. The Collocation eleven (11) character CLEC CLLlTM code will remain the same. 8.2.1.22.2.8 Submission of new connect, change, and disconnect orders will be restricted from quotation Acceptance until the transfer of the working circuits is complete. If new connect, change, and disconnect orders need to be submitted between quotation Acceptance and the completion of the transfer, they will be handled on an ICB and may affect the Ready for Service (RFS) date. Submission of Collocation augment orders will not be allowed from the time that the Collocation Transfer of Responsibility Application has been accepted by Qwest until assuming CLEC has accepted the quotation for the Collocation Transfer of Responsibility. 8.2.1.22.2.9 All work in progress related to the Collocation site and associated working circuits, if applicable, must either be completed or cancelled by vacating CLEC prior to the quotation Acceptance. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 93 Section 8 Collocation 8.2.1.22.2.10 If vacating CLEC does not lease another Physical Collocation site at the specified Central Offce at the time of the Collocation Transfer of Responsibility request, then vacating CLEC must relinquish security access to the building. 8.2.1.22.2.11 Vacating CLEC's financial obligations to Owest with respect to the Collocation site to be transferred must be met, with the exception of charges disputed pursuant to Section 5.4, prior to submittng a Collocation Transfer of Responsibility Application. Vacating CLEC's financial obligations include payment of one hundred percent (100%) of all nonrecurring charges and all applicable recurring charges for the specific Collocation account that are more than thirty (30) Days past due. Vacating CLEC may meet its financial obligations by having them expressly assumed, in writing, by assuming CLEC and assuming CLEC pays such obligations at the time it accepts the quotation for Collocation Transfer of Responsibility. 8.2.1.22.2.12 Assuming CLEC's financial obligations to Owest must be in good standing prior to submittng a Collocation Transfer of Responsibility Application, with the exception of charges disputed pursuant to Section 5.4. 8.2.1.22.2.13 Vacating CLEC and assuming CLEC must provide a signed Transfer Authorization Agreement. Required information on the Owest Transfer Authorization Agreement: Owest Central Offce Name, applicable CLLlTM codes, Collocation BAN numbers, and charges (from Exhibit A) for the transfer of the Collocation site. 8.2.1.22.2.14 Prior to submittng a Collocation Transfer of Responsibility Application without working circuits, vacating CLEC must ensure that no active circuits exist at the Collocation site to be transferred. 8.2.1.22.2.15 Prior to transferring a Collocation site with working circuits, vacating CLEC shall comply with all Commission requirements to notify its current customers that utilize the Collocation site's equipment or facilities of the transfer of service to assuming CLEC, unless vacating CLEC has a waiver from the FCC or other applicable regulatory authority. Vacating CLEC shall provide Owest a copy of such Commission-required notification with the Collocation Transfer of Responsibility Application or provide a copy of any applicable waiver. 8.2.1.22.2.16 If the Collocation site being transferred has a direct CLEC-to-CLEC connection arrangement, a letter of authorization (LOA) must be submitted with the Collocation Transfer of Responsibility Application, signed by both CLECs in the direct CLEC-to-CLEC arrangement authorizing the transfer of the direct CLEC-to-CLEC connection service to assuming CLEC. A separate LOA is required for each direct CLEC-to-CLEC relationship associated with the transferring Collocation site. Each LOA shall identify the CLECs, CLLI codes, and BANs for their respective Collocations. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 94 Section 8 Collocation 8.2.1.22.2.17 Vacating CLEC and/or assuming CLEC will be responsible for submitting Local Service Requests (LSRs) for Unbundled Loops, enhanced extended Loops (EELs), and line splitting. Assuming CLEC may submit LSRs once it has accepted the quotation for the Collocation Transfer of Responsibility and has received the preliminary APOT information from Qwest. Orders to transfer Local Interconnection Service (LIS) trunks and ancillary services (e.g., SS7, 911, operator services) with no translation activity, as well as private line and Access Services circuits, will be processed based on the information provided in the Collocation Transfer of Responsibility Application spreadsheet. Assuming CLEC is responsible for Directory Assistance (DA), operator services (OS), Directory Listings, Busy Line Verify/Busy Line Interrupt (BLV/BLI), and 911 changes, if applicable. Any SS7 changes will need to be made after the transfer is complete. 8.2.1.22.2.18 After the Collocation Transfer of Responsibility is complete, vacating CLEC, assuming CLEC, and Qwest are all required to sign the Qwest Services Transfer Agreement. 8.2.1.22.2.19 Billing. Vacating CLEC will not incur charges for the transfer of the Collocation site. Vacating CLEC is obligated to pay all recurring charges associated with the Collocation until Qwest completes the Collocation Transfer of Responsibility request. Assuming CLEC's quotation will reflect the following nonrecurring charges associated with the transfer of the Collocation site: Assessment Fee, payable regardless of whether the quotation is accepted or not, a Network Systems Administration Fee, and charges for processing the transfer of working circuits, if applicable. Upon completion of the Collocation Transfer of Responsibility, Qwest will begin Billing assuming CLEC for all recurring charges based on assuming CLEC's Interconnection Agreement and cease Billing vacating CLEC. 8.2.1.22.3 Abandoned Equipment. If Qwest finds, in the course of business, reasonable evidence to substantiate that any equipment or property of CLEC has been abandoned or left unclaimed in or at any Premises, Qwest shall notify CLEC in writing, via an electronic form, of the existence of such equipment or property and CLEC shall have sixty (60) Days from the date of receipt of such notice to remove such equipment or property from the Premises. If Qwest has not received any response to this notice within thirty (30) Days of the sending of the notice, Qwest shall send a copy of the notice to CLEC via registered mail pursuant to Section 5.21. If, prior to the termination of the sixty (60) Day period, CLEC disputes that the equipment or property has been abandoned or left unclaimed at the Premises, CLEC shall provide written notice to Qwest of such dispute ("Resolution Request") and commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement. If no Resolution Request has been delivered to Qwest within sixty (60) Days of the first written notice, all equipment or property of CLEC not removed from the Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEG to Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by Qwest without further notice to GLEG and without obligation to account therefore, and CLEC shall reimburse Qwest for all April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 95 Section 8 Collocation reasonable expenses incurred in connection with the storage or other disposition of such equipmentor property. If CLEC delivers a Resolution Request but fails to commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement or to otherwise resolve the dispute with Owest, within thirty (30) Days of the delivery of such Resolution Request, then thirty (30) Days after the date of the Resolution Request, all equipment or property of CLEC not removed from the Owest Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to Owest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by Owest without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse Owest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. CLEC hereby releases and agrees to defend, indemnify, and hold harmless Owest from and against any and all costs, expenses, claims, judgments, damages, liability or obligation arising out of or in connection with Owests exercise of any or all of its rights under this Section. Notwithstanding the provisions of this Section, where CLEC has submitted a Decommissioning Application, the provisions of Section 8.2.1.22.1 of this Agreement, shall govern the equipment or property of CLEC and not this Section unless CLEC fails to remove its equipment or property in . accordance with the terms of Section 8.2.1.22.1 of this Agreement. 8.2.1.23 Owest shall design and engineer the most efficient route and cable racking for the connection between CLEC's equipment in its collocated spaces to the collocated equipment of another CLEC located in the same Owest Premises; or to CLEC's own non-contiguous CollocatiOf space. The most efficient route generally will be over existing cable racking, to the extent Technically Feasible, but to determine the most effcient route and cable racking, Owest shall consider all information provided by CLEC in the Collocation Application form, including but not limited to, distance limitations of the facilities CLEC intends to use for the connection. CLEC shall have access to the designated route and construct such connection, using copper, coax, optical fiber facilities, or any other Technically Feasible method utilizing a vendor of CLEC's own choosing. CLEC may place its own fiber, coax, copper cable, or any other Technically Feasible connecting facilities outside of the actual physical Collocation space, subject only to reasonable NEBS Level 1 safety limitations using the route specified by Owest. CLEC may perform such Interconnections at the ICDF, if desired. CLEC may interconnect its network as described herein to any other collocating Carrier, to any collocated Affiliate of CLEC, to any end user customer's premises, and may interconnect CLEC's own collocated space and/or equipment (e.g., CLEC's Physical Collocation and CLEC's Virtual Collocation on the same Premises). CLEC-to-CLEC Connections shall be ordered either as part of a Collocation Application under Section 8.4, or separately from a Collocation Application in accordance with Section 8.4 7. CLEC-to-CLEC Cross Connections at an ICDF are available, as follows: 8.2.1.23.1 CLEC-to-CLEC Cross Connections at the ICDF. 8.2.1.23.1.1 CLEC-to-CLEC Cross Connection (CaCC-X) is defined as CLEC's capability to order a Cross Connection from its Collocation in a Owest Premises to its non-adjacent Collocation space or to another CLEC's Collocation within the same Owest Premises at the ICDF. April 15, 2008/lhd/XO Communications/lO/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 96 Section 8 Collocation 8.2.1.23.1.2 Qwest will provide the capability to combine these separate Collocations through an Interconnection Distribution Frame (ICDF). This is accomplished by the use of CLEC's Connecting Facility Assignment (CFA) terminations residing at an ICDF. Also, ICDF Cross Connections must terminate on the same ICDF at the same service rate leveL. 8.2.1.23.1.3 If CLEC has its own dedicated ICDF, CLEC is responsible for ordering tie cables to the common ICDF frame/bay where the other CLEC resides. These tie cables would be ordered through the existing Collocation Application form. 8.2.1.23.1.4 CLEC is responsible for the end-to-end service design that uses ICDF Cross Connection to ensure that the resulting service meets its customer's needs. This is accomplished by CLEC using the Design Layout Record (DLR) for the service connection. 8.2.1.23.1.5 If two (2) CLECs are involved, one (1) CLEC acts as the "ordering" CLEC. The ordering CLEC identifies both connection CFAs on the ASR. CLEC requests service order activity by using the standard ASR forms. These forms are agreed upon nationally at the OBF (Ordering and Billing Forum). Refer to the DMP (Document Management Platform)/Carrier/Carrier Centers/"A"/"ASOG" for copies of all forms including definitions of the fields. CLEC is responsible for obtaining these forms. Qwest must not reproduce copies for its Customers, as this is a copyright violation. The standard industry forms for CLEC-to-CLEC Cross Connections (COCC-X) are: Access Service Request (ASR), Special Access (SPE) and Additional Circuit Information (ACI). 8.2.1.24 Qwest will provide CLEC the same connection to the network as Qwest uses for provision of services to Qwest end user customers. The direct connection to Qwests network is provided to CLEC through a direct connection to Qwests existing Cross Connection network. CLEC and Qwest will share the same distributing frames for similar types and speeds of equipment, where Technically Feasible and space permitting. 8.2.1.25 CLEC terminations will be placed on the appropriate Qwest Cross Connection frames using standard engineering principles. CLEC terminations will share frame space with Qwest terminations on Qwest frames without a requirement for an intermediate device. 8.2.1.26 If CLEC disagrees with the selection of the Qwest Cross Connection frame, CLEC may request a tour of the Qwest Premises to determine if Cross Connection frame alternatives exist, and may request a connection to an alternative frame or an alternative arrangement, such as direct connections from CLEC's Collocation space to the MDF or COSMICTM frame. 8.2.1.27 Conversions of the various Collocation arrangements (e.g., Virtual to Physical) will be considered on an Individual Case Basis. However, convêrsions from Virtual Collocation to Cageless Physical Collocation, where the conversion only involves an administrative and Billing change, and the virtually collocated equipment is located in April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 97 Section 8 Collocation a space where Cageless Physical Collocation is available, shall be completed in thirty (30) Days. CLEC must pay all associated conversion charges as set forth in Exhibit A. 8.2.1.28 Qwest shall permit CLEC to construct or subcontract the construction and build-out of Physical Collocation arrangelTents with contractors approved by Qwest. Such CLEC construction of Physical Collocation arrangements are for within CLEC's physical space including the cage, if appropriate, frames, and cable racking. Also, CLEC may install the tie cables, blocks, and terminations on the ICDF or CLEC-to-CLEC connections, outside CLEC's physical space and according to Qwests design. Qwest approval of CLEC contractors involves security access arrangements and shall not be unreasonably withheld. CLEC is not required to use Qwest or Qwest contracted personnel for the engineering and installation of CLEC's collocated equipment. Approval by Qwest of CLEC's employees, vendors or subcontractors shall be based on the same criteria that Qwest uses in approving contractors for its own purposes. 8.2.1.29 Qwest will provide CLEC with written notification at least five (5) business days before any scheduled non-emergency AC or DC power work in the collocated facility that may cause a power disruption to CLEC equipment located in the Qwest facility. This does not include notification of routine power testing or power installation work not expected to cause a power disruption. Qwest will use diligent efforts to notify CLEC by the Abnormal Condition Report (ACR) of: (a) general power outages as soon as Qwest becomes aware that an outage is to take place or has occurred and (b) any emergency power disruption that would impact CLEC equipment no later than thirty (30) minutes after such activity commences. Finally, Qwest shall immediately notify CLEC by ACR if an alarm condition exists with respect to the monitoring of power that poses a material risk to the continued operation of CLEC equipment. 8.2.1.30 Optional DC Power Measurement. CLEC will order DC power to meet its needs with a twenty (20) amperes (amp) per feed minimum. If CLEC orders more than sixty (60) amps, Qwest typically terminates such feed on a power board. If CLEC orders sixty (60) amps or less, the power feed typically terminates at a battery distribution fuse board (BDFB). No power measurements are performed at a BDFB. Therefore, for sixty (60) amps or less, the power usage rate is based on CLEC ordered amps. For power feeds of greater than sixty (60) amps terminated at the power board, Qwest will measure usage on a semi-annual basis if CLEC orders Optional DC Power Measurement. Qwest will also take a reading within thirty (30) Days of a written request by CLEC. Qwest will pe.rform a maximum of four (4) readings per year for a particular Collocation site. If the initial measurement is zero, CLEC must notify Qwest when its equipment is in place and allow Qwest an additional reading to measure power. Based on these readings, if CLEC is utilizing less than the ordered amount of power, Qwest will reduce the monthly usage rate to CLEC's actual use based on the reading from the date of CLEC's measuring request on a going forward basis until the next reading. If CLEC is utilizing more than the ordered amount, Qwest will increase the monthly usage rate to the CLEC's actual use. Once Qwest receives a CLEC measuring request, it will bill the actual power usage rate based on the reading from the date of the CLEC's measuring request, on a going forward basis, until the next reading. Unti the routine semi-annual reading or until such time that Qwest makes a reading based on a written request, Qwest will bill CLEC based on the amount of power ordered. 8.2.1.31 Joint Testing. Joint Testing allows CLEC to request Qwest to participate in Joint Testing of CLEC terminations at the Interconnection Distribution Frame (ICDF). April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 98 Section 8 Collocation CLEC may request Joint Testing on the Collocation Application form or by sending a separate Joint Testing Application form. Collocation and Joint Testing Application forms are available in the PCA T. CLEC must specify on its application the terminations to be tested and the type of tests to be performed with Qwest. CLEC must provide contact information on the application for Qwest to arrange the Joint Testing date and time. Qwest will acknowledge acceptance of the application within ten (10) Days of receipt. Joint Testing will be complete within ninety (90) Days of the RFS if Joint Testing is requested on the Collocation Application form or ninety (90) Days from acceptance of the Joint Testing Application form. 8.2.1.31.1 Qwest will only test between CLEC Collocation and the ICDF once CLEC equipment is in place. Joint Testing is only available for the terminations identified on the Collocation Application or Joint Testing Application. If CLEC wants additional terminations tested that are not identified on its initial application, CLEC will need to complete a new Joint Testing Application. 8.2.1.31.2 Each Party will provide appropriate test equipment for its technicians. Qwest will assist CLEC in conducting continuity tests on terminations at the ICDF. Qwest will not operate CLEC test equipment. If errors are found during the Joint Testing, Qwest will only repair Qwest network faults. CLEC is responsible for replacement or repair of CLEC-provided facilities. 8.2.1.31.3 If during the scheduled Joint Testing, the Qwest-caused error rate is more than two percent (2%) on the terminations identified for testing, Qwest will not- charge for this Joint Testing. If there are less than two percent (2%) errors found or if the errors found are facility errors on CLEC provided facilities, Qwest will charge for the Joint Testing. One (1) pair is counted as two (2) terminations and errors are counted on a one (1) termination basis. If CLEC requests that the charges be waived because Qwest errors are found during Joint Testing, Qwest may access CLEC's Collocation space to identify if the facility cabling sequence is correct, per applicable standards. CLEC may review Qwest facility cabling at the ICDF to verify the cable sequence, per applicable standards. 8.2.1.32 DC Power Reduction. DC Power Reduction With Reservation allows CLEC to reserve a fuse or breaker position on the power board or battery distribution fuse board (BDFB) when reducing a secondary power feed to zero. CLEC will pay a monthly power maintenance charge to retain the existing power cabling and fuse position for future power augment requests or until such time as CLEC notifies Qwest it wishes to discontinue the option. DC Power Reduction Without Reservation allows CLEC to reduce the ordered amps on a primary or secondary feed to a minimum of twenty (20) amps. 8.2.1.32.1 Applications for DC Power Reduction may be submitted only for Collocation sites that have been completed and accepted by CLEC, otherwise CLEC should follow standard change or augment procedures including the applicable rates for changes or augments. On the Collocation Application, CLEC should indicate that it is a request for DC Power Reduction and identify the specific power feeds to be reduced. Qwest will notify CLEC of any deficiencies in the Collocation Application, within ten (10) Days of receipt. A quotation for the DC Power Reduction will be provided to CLEC within twenty-five (25) Days. The April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 99 Section 8 Collocation quoted nonrecurring charges will be honored for thirty (30) Days from the date of the quotation. CLEC payment of all quoted nonrecurring charges constitutes acceptance and Qwest will then perform the work. If CLEC accepts the quotation within seven (7) Days, Qwest shall complete the DC Power Reduction within ninety (90) Days of receipt of the Collocation Application. If CLEC accepts the quotation after seven (7) Days, Qwest shall complete the DC Power Reduction within ninety (90) Days of receipt of CLEC's acceptance. 8.2.1.32.2 CLEC assumes all responsibility for outages or impacts to CLEC services and equipment due to the reduction in DC power. Restoration of the DC power is contingent upon the desired power and fuse availability. 8.2.1.32.3 Before submitting a Collocation Application requesting DC Power Reduction, CLEC's financial obligations for the Collocation site must be current, with the exception of charges disputed pursuant to Section 5.4. Billing to CLEC will be revised to reflect the reduced DC power upon receipt of payment of the quoted charges effective back to the date of acceptance by Qwest of the Collocation Application. 8.2.1.32.4 If a shortage of fuse positions is imminent, Qwest will notify CLEC of the need to exercise its option to reuse the power feed and fuse, or relinquish the fuse position for use by another CLEC or Qwest. Upon receipt of such notification, CLEC must request restoration of the secondary power feed to at least twenty (20) amps or return the fuse position to Qwest within thirty (30) Days. 8.2.1.33 Collocation Available Inventory. Collocation Available Inventory provides CLEC with information about the availability of (a) returned Collocation sites and elements under Qwests control ("Qwest Postings") and (b) CLEC controlled sites that may be posted are available for a Transfer of Responsibility ("CLEC Postings"). Qwest and CLECs may post available Collocation sites on Qwests wholesale web site at: http://www.qwest.com/wholesale/pcatlcolloclassifieds.html. CLEC must either have an approved Interconnection Agreement or is currently negotiating with Qwest to have an interim Interconnection Agreement with the specific type of Collocation to be obtained. If the Interconnection Agreement is pending approval, CLEC must execute an early ordering letter. Qwest reserves the right to remove Qwest Postings to satisfy CLEC Collocation Applications or Qwest space requirements. Qwest shall not use the Qwest Postings as a basis to claim exhaust in any Qwest Premises. 8.2.1.33.1 CLEC obtaining a Collocation site from Qwest Postings must not have any overdue financial obligations owed to Qwest for Collocation, with the exception of formally disputed charges. CLEC will be required to pay a minimum of six (6) months of space construction and floor space lease recurring charges if CLEC terminates its lease prior to six (6) months occupancy. 8.2.1.33.2 Qwest Postings. Collocation sites available in Qwest Postings may be partially or fully completed before being returned to Qwest inventory. Both Caged Physical Collocation and Cage less Physical Collocation sites will be offered in the Qwest Postings and will be available under the terms and conditions set forth in the Interconnection Agreement of the CLEC acquiring the Collocation space. CLEC may request to add to or complete the Collocation site April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 100 Section 8 Collocation to its specifications. CLEC may also request that Qwest reduce the cable terminations and CLEC will be charged for the removal of such cable terminations. 8.2.1.33.3 All services that were previously connected to the Collocation (e.g., UNEs, CLEC to CLEC, administrative lines, Finished Services, and LineSplitting) will be disconnected before the site is listed in the Qwest Postings. Power, grounding, and Entrance Facilities will also be disconnected before the site is listed. Qwest shall inventory all reusable and reimbursable elements and include them in the Collocation site information. 8.2.1.33.4 Qwest may also elect to offer Collocation sites returned through bankruptcy or abandonment consistent with Applicable Law (Le., "Special Sites"). These Collocation sites will not be decommissioned and will be posted as unverified sites with equipment which may include electronic equipment, racks, cages, DC power, grounding and terminations. It is expressly understood and agreed that Qwest is selling equipment that is used or surplus equipment on an "as is, where is" basis with all faults, latent and patent, and the equipment is conveyed without any Qwest warranties or representations of any kind, express or implied. CLEC is responsible for all software and software license agreements for any equipment conveyed as part of a Special Site. CLEC is responsible for handling, scrapping, destruction or other disposition of any equipment conveyed as part of a Special Site and shall conform and comply with: (a) All applicable federal, state, county and municipal laws, statutes, regulations, and codes regulating hazardous wastes, materials or substances, including, but not limited to the Toxic Substances Control Act (TSCA) (15 U.sC. § 2601 et seq.); the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. § 6901 et seq.); Hazardous Materials Transportation Act (HMTA) (49 U.S.C. § 1801 et seq.); Occupational Safety and Health Act (OSHA) (29 U.S.C. § 651 et seq.); Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)(42 U.S.C. § 9601 et seq.); and any successor acts thereto or the regulations promulgated thereunder and any applicable International laws and regulations; (b) Environmental rules and regulations governing environmental impacts associated with the production and or recovery of precious metals, scrap metals and material processing and or residual material disposition whether hazardous or non-hazardous as defined by governing laws and or applicable laws and are the sole responsibility of CLEC; and (c) All hazardous waste, hazardous material, hazardous substances or solid waste manifests relating to the shipping, receiving, disposal or final disposition of the equipment shall not reference, list or otherwise indicate on the manifest that Qwest is the generator, arranger, transporter, owner or otherwise the party that owns, controls, manages, handles, stores, generates or otherwise uses the equipment. If CLEC purchases any equipment as set forth above that contains any hazardous waste, hazardous material, hazardous substances or solid waste, CLEC shall be listed as the owner of such materials on any required manifest relating to the shipping, receiving, disposal or final disposition of the equipment. 8.2.1.33.5 CLEC will submit a Collocation Application indicating a specific Collocation site from the Collocation Available Inventory. Qwest will follow the standard Collocation provisioning intervals for the type of Collocation as included in CLEC's Interconnection Agreement. During preparation of the quotation, April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 101 Section 8 Collocation Qwest will validate all reusable elements and send an inventory verification letter. After receipt of the validated inventory, CLEC may cancel the Collocation Application or submit a change to the pending Collocation Application. Any cancellation due to differences between the Qwest Posting and actual inventory will not result in a QPF or Engineering and Design Fee being charged. 8.2.1.33.6 Charges for Collocation sites listed in the Qwest Postings will be on a site specific basis, according to assuming CLEC's Interconnection Agreement and its requested work in the Collocation Application. Assuming CLEC will receive a fifty percent (50%) discount on nonrecurring reusable elements, if any, as defined in Section 8.2.1.22. 8.2.1.34 CLEC Collocation of Splitters 8.2.1.34.1 If CLEC elects to have Splitters installed in Qwest Wire Centers via the standard Collocation arrangements, CLEC will either purchase the Splitters or have Qwest purchase the Splitters subject to full reimbursement of the cost of the Splitters plus any pass through of actual vendor invoice costs, including but not limited to taxes, shipping and handling. The Splitters must meet the requirements for Central Office equipment Collocation set by the FCC. CLEC will be responsible for installing and maintaining the Splitters in its Collocation areas within Qwest Wire Centers. 8.2.1.34.2 Reclassification allows a CLEC that has existing spare terminations to reclassify those terminations for UNE or other services as necessary. Reclassification is required when the terminations for the requested services are inventoried in a database different from the database of the existing spare terminations. A spare termination is a CLEC termination that is not in use and has no pending orders against it. 8.2.1.34.3 CLEC may designate some or all of its existing tie cables for use in connection with UNEs or other services. Qwest will perform any necessary tie cable reclassifications, frame re-stenciling, and related work for which it is responsible and that is required to provision Line Splitting and Loop Splittng. Charges will apply pursuant to Exhibit A of the Agreement. 8.2.1.34.4 Two (2) ITPs and two (2) tie cables will be needed to connect Splitters to the Qwest network. One (1) ITP will carry both voice and data traffic from the COSMICTM/MDF Loop termination, to an appropriate ICDF. From this frame, one (1) tie cable will carry both voice and data traffic to the Splitter located in CLEC's Collocation area. The voice and data traffc will be separated at the Splitter. The data traffic will be routed to CLEC's network within its Collocation area. The voice traffic will be routed to the COSMICTM/MDF Switch termination, via the ICDF, using a second tie cable and a second ITP. 8.2.1.34.5 Interconnection Tie Pairs and Tie Cables. There are two (2) types of ITP arrangements for connecting the Qwest network to the CLEC provided Splitter, depending on whether CLEC elects to use an ICDF or direct connections. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 102 Section 8 Collocation 8.2.1.34.5.1 CLEC may elect to use an ICDF. In this instance, one (1) ITP carries the combined voice/data signal from the COSMICTM/MDF Loop termination to the ICDF and a second ITP carries the voice only signal from the ICDF to the COSMICTM/MDF Switch termination. For each Shared Loop, two (2) pairs of the tie cable must be used: one (1) pair of the tie cable will carry the voice/data from the ICDF to the CLEC provided Splitter, and the second pair will carry the voice-only signal from the CLEC provided Splitter to the ICDF. 8.2.1.34.5.2 CLEC may elect to use direct connections between the CLEC-provided Splitter and the COSMICTM/MDF. In this instance, Qwest will provide one (1) tie cable between each module of the COSMICTM/MDF and the CLEC-provided Splitter. One (1) pair in the tie cable will carry the combined voice/data signal from the COSMICTM/MDF Loop termination to the CLEC-provided Splitter in CLEC's Collocation space. A second pair in the tie cable will carry the voice-only signal from the CLEC-provided Splitter to the Switch termination on the COSMICTM/MDF. These tie cables will be dedicated to CLEC's use, and, as a result, the full cost of the necessary Mechanized Engineering and Layout for Distributing Frame (MELDTM) run, cable placement, and cable termination, and associated COSMICTM/MDF hardware to terminate a tie cable on each outside plant and Switch equipment module of the COSMICTM/MDF will be assessed to CLEC in accordance with Section 8 (Collocation). To minimize CLEC's cost, to the extent feasible, Qwest shall consolidate CLEC's requirements with the requirements of Qwest and other CLECs into a single MELDTM run whenever feasible. Costs of such consolidated MELD ™ runs shall be prorated among the parties, including Qwest. Qwest will provide, for each Shared Loop, the tie cable pair assignments. 8.2.1.34.6 The Demarcation Points between Qwests network and CLEC's network will be the place where the combined voice and data Loop is connected to the ICDF, or where CLEC chooses a direct connection to the COSMICTM/MDF, where the combined voice and data Loop originates from CLEC's Collocation. 8.2.1.35 Collocation Joint Inventory Visit. Collocation Joint Inventory Visit allows CLEC to request a comprehensive visit with Qwest at an existing Central Office Collocation site. The purpose of this Joint Inventory Visit is to review space, power, terminations, synchronization, administrative lines, virtual equipment, common area splitter, AC outlets, and to verify billable rate elements versus actual billing. 8.2.1.35.1 There will be no time allocated during the visit for testing or repairing items identified. The Joint Inventory Visit Process excludes physical review of the Entrance Facility POI location. Inventory wil be documented and any deviations identified on a "Collocation-Joint Inventory Visit Form." This form will become the basis for a follow-up corrective action plan based on mutual agreement. A copy will be provided to CLEC prior to the wrap-up conference call. 8.2.1.35.2 Joint Inventory Visit is available for any Central Office premise type of Collocation. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 103 Section 8 Collocation 8.2.1.35.3 Joint Inventory Visit quotation will be communicated from the Qwest Collocation Project Management Center (CPMC) via email to ClEC and followed by an invoice requiring 100% payment. Quotations are sustainable upon receipt, since the shortened timeframe requires immediate processing by Qwest. 8.2.1.35.4 The visits will be conducted during normal business hours defined as: Monday through Friday from 8 am to 5 pm local time excluding Qwest recognized holidays. 8.2.1.35.5 The Qwest employee conducting the visit will be a knowledgeable management employee. The Qwest representative will be identified by a State Interconnect Manager (SICM). 8.2.1.35.6 The overall process for a Collocation Joint Inventory Visit will be sixty (60) Days from receipt of a valid and complete application to completion of the Joint Inventory Visit, subject to scheduling availability of both Qwest and the ClEC. 8.2.1.35.7 A maximum of two scheduling visits will be planned subject to a minimum forty-eight (48) hour cancellation policy. Any cancellation less than forty-eight (48) hours prior to the scheduled Joint Inventory Visit time or failure to conduct the visit by ClEC will result in ClEC being billed and no deliverables received. 8.2.1.35.8 ClEC must submit a "Joint Inventory Visit Application" to order a Collocation Joint Inventory Visit. The Joint Inventory Visit Application is available at http://www.qwest.com/wholesale/pcatlcollocation.html#imp. 8.2.1.35.9 Each site requested will require a separate application form. This is defined as each eleven digit ClLl code location. 8.2.1.35.10 ClEC will receive an email acknowledgment of the application receipt and validation or feedback on any information requiring clarification within one (1) business day. 8.2.2 Terms and Conditions - Virtual Collocation 8.2.2.1 Qwest is responsible for installing, maintaining, and repairing virtually collocated equipment for the purpose of Interconnection or to access UNEs, ancillary and Finished Services. When providing Virtual Collocation, Qwest shall install, maintain, and repair collocated equipment within the same time periods and with failure rates that are no greater than those that apply to the performance of similar functions for comparable equipment of Qwest. 8.2.2.2 ClEC will not have physical access to the virtually collocated equipment in the Qwest Premises. However, ClEC will have physical access to the Demarcation Point in the Qwest Premises. 8.2.2.3 ClEC will be responsible for obtaining and providing to Qwest administrative codes (e.g., common language codes) for all equipment provided by April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 104 Section 8 Collocation CLEC and installed in Owest Premises. 8.2.2.4 CLEC shall ensure that upon receipt of CLEC's virtually collocated equipment by Owest, all warranties and access to ongoing technical support are passed through to Owest at CLEC's expense. CLEC shall advise the manufacturer and seller of the virtually collocated equipment that CLEC's equipment will be possessed, installed and maintained by Owest. 8.2.2.5 CLEC's virtually collocated equipment must comply with Telcordia Network Equipment Building System (NEBS) Level 1 safety standards and any statutory (local, state or federal) and/or regulatory requirements in effect at the time of equipment .installation or that subsequently become effective. CLEC shall provide Owest interface specifications (e.g., electrical, functional, physical and software) of CLEC's virtually collocated equipment. Such safety and engineering standards shall apply to CLEC equipment only to the degree that they apply to Owest equipment located in Owests Premises. 8.2.2.6 CLEC must specify all software options and associated plug-ins for its virtually collocated equipment. 8.2.2.7 CLEC will be responsible for payment of Owests initial direct training charges associated with training Owest employees for the maintenance, operation and installation of CLEC's virtually collocated equipment when such equipment is different than the standard equipment used by Owest in that Premises. This includes per diem charges (Le., expenses based upon effective Owest labor agreements), travel and lodging incurred by Owest employees attending a vendor-provided training course. 8.2.2.8 CLEC will be responsible for payment of reasonable charges incurred in the maintenance and/or repair of CLEC's virtually collocated equipment in accordance with this Agreement, unless otherwise agreed by the Parties. Notwithstanding the foregoing, CLEC shall not be responsible for any costs or charges incurred in the maintenance and/or repair of CLEC's virtually collocated equipment where such costs or charges result from Owests fault or negligence. 8.2.3 Terms and Conditions - Caged and Cage less Physical Collocation 8.2.3.1 Owest shall provide Caged and Cageless Physical Collocation to CLEC for access to UNEs and ancillary services and Interconnection, except that Owest may provide Virtual Collocation if Owest demonstrates to the Commission that Physical Collocation is not practical for technical reasons or because of space limitations, as provided in Section 251 (c)(6) of the Act. 8.2.3.2 Physical Collocation 'is offered in Premises on a space-available, first come, first-served basis. 8.2.3.3 Intentionally Left Blank. 8.2.3.4 Owest will design the floor space in the most efficient manner possible within each Premises that will constitute CLEC's leased space. CLEC will, in accordance with the other terms and conditions of this Section, have access to its leased space. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 105 Section 8 Collocation 8.2.3.5 When Qwest constructs the collocated space, Qwest will ensure that the necessary construction work (e.g., racking, ducting and caging for Caged Physical Collocation) is performed pursuant to Qwest Technical Publication 77350, including all construction of CLEC's leased physical space and the riser from the vault to the leased physical space. 8.2.3.6 CLEC owns or leases and is responsible for the installation, maintenance and repair of its equipment located within the physically collocated space leased from Qwest. 8.2.3.7 Qwest shall permit CLEC to commence installation of its equipment prior to completion of Qwests. work on the remaining Collocation infrastructure, at no additional charge to CLEC. Such "early access" date will be negotiated by Qwest and CLEC on a site specific basis. In order to obtain early access, CLEC must pay eighty percent (80%) of the remaining fifty percent (50%) of the quoted nonrecurring charges before early access is granted, leaving a holdback of ten percent (10%) of the originally quoted nonrecurring charges. All appropriate (i.e. space and cable racking) recurring charges will begin on a negotiated date. The enclosure for Caged Physical Collocation must be complete before early access is granted. Such early access by CLEC shall not interfere with the work remaining to be performed by Qwest. 8.2.3.8 Upon completion of the construction of the Collocation project, Qwest will work cooperatively with CLEC in matters of joint testing and maintenance. 8.2.3.9 Qwest will determine and notify CLEC, in the manner described belQw, within ten (10) Days of CLEC submitting its Collocation application if Qwest believes CLEC's listed equipment does not comply with NEBS Level 1 safety standards or is in violation of any Applicable Laws or regulations, all equally applicable to Qwest. If CLEC disagrees, CLEC may respond with the basis for its position within ten (10) Days of receipt of such notice from Qwest. If, during installation, Qwest determines CLEC activities or equipment other than those listed in the Collocation application do not comply with the NEBS Level 1 safety standards listed in this Section or are in violation of any Applicable Laws or regulations all equally applied to Qwest, Qwest has the right to stop all installation work until the situation is remedied or CLEC demonstrates that Qwests determination was incorrect. Qwest shall provide written notice of the non-compliance to CLEC and such notice will include: (1) identification of the specific equipment and/or installation not in compliance; (2) the NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the basis for concluding that CLEC's equipment and/or installation does not meet the safety requirement; and (4) a list of all equipment that Qwest locates at the Premises in question, together with an affidavit attesting that all of that equipment meets or exceeds the safety standard that Qwest contends CLEC's equipment fails to meet. If such conditions pose an immediate threat to the safety of Qwest employees, interfere with the performance of Qwests service obligations, or pose an immediate threat to the physical integrity of the conduit system, cable facilities or other equipment in the Premises, Qwest may perform such work and/or take action as is necessary to correct the condition at CLEC's expense. If time permits, Qwest shall first provide CLEC a meaningful opportunity to respond and, if necessary, remedy the situation. In the event thatCLEC disputes any action Qwest seeks to take or has taken pursuant to this provision, CLEC may pursue immediate resolution by the Commission or a court of competent jurisdiction. 8.2.3.10 All equipment placed will be subject to random safety audits conducted by April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 106 Section 8 Collocation Owest. These audits will determine whether the equipment meets the NEBS Level 1 safety standards required by this Agreement. CLEC will be notified of the results of this audit. If, at any time, pursuant to a random audit or otherwise, Owest determines that the equipment or the installation does not meet the NEBS standards described in Section 8.2.1.8, CLEC will be responsible for the costs associated with the removal, modification to, or installation of the equipment to bring it into compliance. Owest shall provide written notice of the non-compliance to CLEC, and such notice will include: (1) identification of the specific equipment and/or installation not in compliance; (2) the NEBS'1 safety requirement that is not met by the equipment and/or installation; (3) the basis for concluding that CLEC's equipment and/or installation does not meet the safety requirement; and (4) a list of all equipment that Owest locates at the Premises in question, together with an affidavit attesting that all of that equipment meets or exceeds the safety standard that Owest contends CLEC's equipment fails to meet. If CLEC fails to correct any non-compliance within fifteen (15) Days of written notice of non- compliance, or if such non-compliance cannot be corrected within fifteen (15) Days of written notice of non-compliance, and if CLEC fails to take all appropriate steps to correct any non-compliance as soon as reasonably possible, Owest may pursue immediate resolution by the Commission or a court of competent jurisdiction. If there is an immediate threat to the safety of Owest employees, or an immediate threat to the physical integrity of the conduit system, cable facilities, or other equipment in the Premises, Owest may perform such work and/or take such action as is necessary to correct the condition at CLEC's expense. 8.2.3.11 Owest shall provide basic telephone service with a connection jack at the request of CLEC for Gaged or Cage less Physical Collocation space. Upon CLEC's request, this service shall be available per standard Owest business service Provisioning processes and rates. 8.2.3.12 For Caged Physical Collocation, CLEC's leased floor space will be separated from other CLECs and Owest space through a cage enclosure. Owest will construct the cage enclosure or CLEC may choose from Owest approved contractors or may use another vendor of CLEC's own choosing, subject to Owests approval which may not be unreasonably withheld, to construct the cage enclosure. All CLEC equipment placed will meet NEBS Level 1 safety standards, and will comply with any local, state, or federal regulatory requirements in effect at the time of equipment installation or that subsequently become effective. 8.2.3.13 For Cage less Physical Collocation in a Wire Center, the minimum square footage is nine (9) square feet per bay (however, if smaller bays are or become available, Owest will reduce the minimum square footage accordingly). Requests for multiple bay space will be provided in adjacent bays where possible. When contiguous space is not available, bays may be commingled with other CLECs' equipment bays. CLEC may request, through the Owest Space Reclamation Policy, a price quotation to rearrange Owest equipment to provide CLEC with adjacent space. 8.2.4 Transmission Facility Access to Collocation Space 8.2.4.1 For Virtual or Physical Collocation, CLEC may select from four (4) optional methods for facility access to its Collocation space. They include: 1) fiber Entrance Facilities, 2) purchasing private line or Access Services, 3) Unbundled Network Elements, and 4) microwave Entrance Facilities. Other Entrance Facility technologies April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 107 Section 8 Collocation may be requested through the BFR process. 8.2.4.2 Collocation Fiber Entrance Facilities. Owest offers three (3) Fiber Collocation Entrance Facility options - Standard Fiber Entrance Facility, Cross Connect Fiber Entrance Facility, and Express Fiber Entrance Facilities. These options apply to Caged and Cageless Physical Collocation and Virtual Collocation. Fiber Entrance Facilities provide the connectivity between CLEC's collocated equipment within the Owest Wire Center and a Collocation Point of Interconnection (C-POI) outside the Owest Wire Center where CLEC shall terminate its fiber-optic facility, except the Express Fiber Entrance Facilities. 8.2.4.3 CLEC is responsible for providing its own fiber facilities to the C-POI outside Owests Wire Center. Owest will extend the fiber cable from the C-POI to a Fiber Distribution Panel (FDP). Additional fiber, conduit and associated riser structure will then be provided by Owest from the FDP to continue the run to CLEC's leased Collocation space (Caged or Cageless Physical Collocation) or GLEC's equipment (Virtual Collocation). The Owest-provided facility from the C-POI to the leased Collocation space (Physical Collocation) or CLEC equipment (Virtual Collocation) shall be considered the Collocation Fiber Entrance Facility. The preceding provisions do not apply to an Express Fiber Entrance Facility which provides that CLEC fiber will be pulled to CLEC Collocation equipment without splices or termination on an FDP. 8.2.4.3.1 Standard Fiber Entrance Facility -- The standard fiber Entrance Facility provides fiber connectivity between CLEC's fiber facilities delivered to the C-POI and CLEC's Collocation space in increments of twelve (12) fibers. CLEC's fiber cable is spliced into a Owest-provided shared fiber entrance cable that consists of six (6) buffer tubes containing twelve (12) fibers each for a seventy- two (72) fiber cable. The seventy-two (72) fiber cable shall be terminated on a Fiber Distribution Panel (FDP). A twelve (12) fiber Interconnection cable is placed between CLEC's Collocation space and the FDP. The FDP provides Owest with test access and a connection point between the transport fiber and CLEC's Interconnection cable. 8.2.4.3.2 Cross Connect Fiber Entrance Facility - The cross connect fiber Entrance Facility provides fiber connectivity between CLEC's fiber facilities delivered to a C-POI and multiple locations within the Owest Wire Center. CLEC's fiber cable is spliced into a Owest-provided shared fiber entrance cable in twelve (12) fiber increments. The Owest fiber cable consists of six (6) buffer tubes containing twelve (12) fibers each for a seventy-two (72) fiber cable. The seventy-two (72) fiber cable terminates in a fiber distribution paneL. This fiber distribution panel provides test access and flexibility for Cross Connection to a second fiber distribution paneL. Fiber Interconnection cables in .four (4) and twelve (12) fiber options connect the second fiber distribution panel and equipment locations in the Owest Wire Center. This option has the ability to serve multiple locations or pieces of equipment within the Owest Wire Center. This option provides maximum flexibility in distributing fibers within the Wire Center and readily supports Virtual and Cageless Physical Collocation and multiple CLEC locations in the office. This option also supports transitions from one (1) form of Collocation to another. 8.2.4.3.3 Express Fiber Entrance Facility - Owest will place CLEC- April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 108 Section 8 Collocation provided fiber cable from the C-POI directly to CLEC's Collocation space. The fiber cable placed in the Wire Center must meet NEBS Level 1 fire rating requirements. If CLEC provided cable does not meet NEBS Level 1 fire rating requirements then a transition splice will occur in the cable vault to insure that the cable within the Owest Wire Center meets requirements. This option will not be available if there is only one (1) conduit with two (2) unused innerducts (one (1) for emergency restoral and one for a shared entrance cable). 8.2.4.4 Owest will designate the location of the C-POI for Virtual, Caged Physical or Cageless Physical Collocation arrangements. 8.2.4.5 The Collocation Entrance Facility is assumed to be fiber optic cable and meets industry standards (GR. 20 Core). Metallic sheath cable is not considered a standard Collocation Entrance Facility. Requests for non-standard entrances will be considered through the BFR process described in the Bona Fide Request Process Section of this Agreement. All costs and Provisioning intervals for non-standard entrances will be developed on an Individual Case Basis. 8.2.4.6 Owest shall provide an Interconnection point or points, physically accessible by both Owest and CLEC, at which the fiber optic cable carrying CLEC's circuits can enter Owests Wire Center, provided that Owest shall designate Interconnection points as close as reasonably possible to its Premises. Owest shall offer at least two (2) such Interconnection points at each Owest Wire Center when at least two (2) entry points pre-exist and duct space is available. Owest will not initiate construction of a second, separate Collocation Entrance FacHity solely for Collocation. If Owest requires the construction of a new Collocation Entrance Facility for its own use, then the needs of CLEC will also be taken into consideration. 8.2.4.7 As an alternative to the Fiber Entrance Facilities described above, CLEC may purchase Owest Tariffed or cataloged Private Line or Switched Access Services. 8.2.4.8 As an alternative to the Fiber Entrance Facilities described above, CLEC may purchase unbundled dedicated interoffice transport. 8.2.4.9 Microwave Entrance Facilities. Owest offers Microwave Entrance Facilities, on Premises owned or controlled by Owest, to access CLEC transmission equipment collocated on or inside the Owest Premises. The rooftop, duct, conduit, and riser cable space for Microwave Entrance Facilities is available on a first-come, first- served basis, where Technically Feasible. CLEC may place its microwave antenna on a Owest owned or controlled existing tower, building, or supporting structure, where space is available, or CLEC may construct such tower or supporting structure, if necessary and if there is sufficient space and the building structure is not jeopardized. Such microwave equipment will be limited to that which is necessary for Interconnection to Owests network or access to Owests Unbundled Network Elements. 8.2.4.9.1 Owest will jointly coordinate and plan with CLEC for the placement and location of the microwave equipment on a non-penetrating roof mount, or an existing tower or supporting structure on the exterior of a Owest Premises. The method of placing CLEC microwave equipment shall be mutually agreed upon. Tower space or building roof space that allows for unobstructed line-of-sight will be provided by Owest where Technically Feasible. A weather proof cable entry April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 109 Section 8 Collocation hatch or an existing wave-guide hatch or other suitable entrance into the building is required. If space is available, CLEC may use an existing cable entry hatch or a new cable entry hatch will need to be constructed. The cable entry hatch charges are on a per port used basis. 8.2.4.9.2 CLEC can perform the determination of line-of-sight feasibility or structural analysis or CLEC can request that Qwest' perform either of these functions. CLEC will submit a Microwave Entrance Facility Application for each antenna arrangement and each Qwest Premises requested. A site visit will include appropriate Qwest and CLEC personnel for the purpose of determining whether an unobstructed ii ne-of-sight is Technically Feasible and structural analysis of the building. The site visit will take place within fifteen (15) Days, or as soon thereafter as can be scheduled by the Parties, of receipt by Qwest of CLEC's Microwave Entrance Facility Application. If CLEC performs the structural analysis or line-of-sight feasibility, it shall submit a response- regarding its analysis to Qwest and Qwest will only bill for an escort fee per site requested. If either Party disputes the technical feasibility, space availability, or other conditions proposed by Qwest, the Parties will promptly petition the Commission for resolution of the dispute. 8.2.4.9.3 If Qwest performs the feasibility analysis, a response will be provided to CLEC within thirty (30) Days of the site visit with the structural analysis and line-of-sight feasibility. If the site visit determines that unobstructed line-of-sight and placement of the microwave equipment are not Technically Feasible, CLEC will be billed only for the site visit. If the site visit determines that the placement of microwave equipment is Technically Feasible, Qwest will provide a quotation for the Microwave Entrance Facility with the quotation for the submitted Collocation Application. If CLEC does not submit a Collocation Application for the Premises within thirty (30) Days following the completion of the line-of-sight and structural feasibility analysis or CLEC subsequently cancels the Collocation Application, CLEC will be billed for the site visit. 8.2.4.9.4 Qwest, if doing the installation of the microwave equipment, antenna(s), cabling-wave guide and associated supporting structures, must obtain all building-related necessary variances, licenses, approvals and authorizations from governmental agencies with jurisdiction, such as use permits and building permits to construct, operate and maintain CLEC's facilities. CLEC must obtain all necessary FCC licenses and FAA approval, if required, relevant to the microwave installation. If Qwests assistance is required in order for CLEC to obtain necessary licenses or permits, Qwest will not unreasonably withhold such assistance. CLEC will pay all expenses associated with that assistance on a time and materials basis. 8.2.4.9.5 CLEC is responsible for the engineering, purchasing, supplying, installing, maintaining, repairing and servicing of its microwave specific equipment. CLEC shall provide the cable from the radio frequency (RF) equipment to the building cable entry hatch. However, CLEC is not permitted to penetrate the building exterior wall or roof. Qwest will do all building penetration and Qwest will install the coaxial cable or wave-guide/transmission facility from the cable entry hatch to CLECts Collocation space within the interval, as set forth in Section 8.4, for the type of Collocation requested by CLEC. CLEC facilities April 15, 2008/1hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 110 Section 8 Collocation shall not physically, electronically, or inductively interfere with the existing Owest or other CLECs' equipment. Each transmitter individually and all transmitters collectively, for Owest, Owest Affiliates and CLECs, at a given location shall comply with appropriate federal, state, and local regulations governing the safe levels of RF radiation. 8.2.4.9.6 Upon expiration or termination of the Collocation arrangement or the Microwave Entrance Facility, CLEC shall return the antenna space to its original condition. CLEC shall repair any damages caused by removal of its microwave equipment, or by the use, operation or placement of its microwave equipment on the Premises. If CLEC performs the foregoing, Owest shall impose no charges on CLEC for such work. In the event CLEC fails to remove its microwave equipment, CLEC shall be liable to Owest for all reasonable costs of removal, restoration of the property, storage, and transportation to CLEC of such microwave equipment incurred by Owest. 8.2.5 Terms and Conditions - ICDF Collocation 8.2.5.1 Interconnection Distribution Frame (ICDF) Collocation is available if CLEC has not obtained Caged or Cageless Physical Collocation, but requires access to Owests Wire Center for combining Unbundled Network Elements, Finished Services, including local Interconnection trunks, and ancillary services. ICDF Collocation provides CLEC with access to the Interconnection Distribution Frame, where Owest will terminate the Unbundled Network Elements, Finished Services and ancillary services ordered by CLEC. CLEC may combine such services by running a jumper on the ICDF, in accordance with Section 8.2.5.3. CLEC access to the ICDF will be on the same terms and conditions described for other types of Collocation in this Section. There are multiple frames that could be used for ICDF Collocation including, but not limited to, the following: a) existing Interconnection Distribution Frame (ICDF); b) existing DSX panels for DS1 and DS3 services; c) new Interconnection Distribution Frame; d) existing toll frame; e) fiber distribution panel; and, f) existing intermediate frame. Owest-provided combinations in accordance with Sections 9.1 and 9.23.3.7 are not provided by Owest in CLEC's ICDF Collocation space. 8.2.5.2 All Owest terminations on the Interconnection Distribution Frame will be given a frame address. Owest will establish and maintain frame address records for Owest terminations. Owest will maintain assignment records for each Unbundled Network Element, Finished Service, and ancillary service ordered by CLEC that is terminated on the Interconnection Distribution Frame. Owest will provide CLEC with the frame assignments for each Unbundled Network Element, Finished Service, and ancillary service terminated on the ICDF. 8.2.5.3 CLEC will be required to place the jumper connection between frame addresses to connect Unbundled Loops, ancillary and Finished Services. CLEC will be required to maintain the records for CLEC-provided jumpers. 8.2.5.4 Intentionally Left Blank. 8.2.6 Terms and Conditions - Adjacent Collocation and Adjacent Remote Collocation 8.2.6.1 CLEC may request Adjacent Collocation and Adjacent Remote April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 111 Section 8 Collocation Collocation in an existing Owest controlled environmental vault, controlled environmental hut, or similar structures on or under Owest owned, leased or otherwise controlled property contiguous to a Owest Premises, to the extent Technically Feasible. Adjacent Collocation in an existing structure shall be ordered as Physical Collocation. Adjacent Remote Collocation in an existing structure shall be ordered as Remote Collocation. 8.2.6.1.1 Alternatively, if no such structure described above exists, CLEC may choose to construct or procure a structure to place on or under Owest owned, leased or otherwise controlled property contiguous to a Owest Premises. Such adjacent structure shall be in accordance with Owests design and space planning for the site. CLEC may propose the design for the adjacent structure, subject to Owests approval. Owest will review the building and property plans for the new structure within thirty (30) Days. 8.2.6.1.2 CLEC shall own such structure, subject to a reasonable ground space lease. If CLEC terminates its Adjacent Collocation space, Owest shall have the right of first refusal to such structure under terms to be mutually agreed upon by the Parties. In the event Owest declines to take the structure or terms cannot be agreed upon, CLEC may transfer such structure to another CLEC for use for Interconnection and or access to UNEs. Transfer to anotherCLEC shall be subject to Owests approval, which approval shall not be unreasonably withheld. If no transfer of ownership occurs, CLEC is responsible for removal of the structure and returning the property to its original condition. 8.2.6.2 Owest shall provide written -authorization for use of Owests property to CLEC or CLEC's contractor, to the extent that Owest owns or controls such property, to assist CLEC in obtaining any building permits or other approvals that may be necessary to construct the facility. CLEC is responsible for construction of the structure or procurement of an existing structure. CLEC is responsible for meeting all State and municipal building and zoning requirements. As participants in utility easements and public/private rights of way arrangements, CLEC and Owest are each responsible for ensuring their respective facilities information (housing locations, cable paths, etc.) is communicated to OneCall/Blue Stakes-type entities, as appropriate. 8.2.6.3 facilities. Owest will provide power and all other Physical Collocation services and 8.2.6.4 Upon request, Owest will evaluate all parking or other spaces outside the Owest Premises on Owest property that can be reasonably made available to CLEC for Adjacent Collocation. Owest will retain a reasonable amount of parking space for Owest technicians or other vehicles, including CLEC's. Space below a hoisting area will not be relinquished for Collocation space. 8.2.6.5 If Physical Collocation space becomes available in a previously exhausted Owest structure, Owest shall not require CLEC to move, or prohibit CLEC from moving its Collocation arrangement into the Owest structure. Instead, Owest shall continue to allow CLEC to collocate in any adjacent controlled environmental vault, controlled environmental hut, or similar structure. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 112 Section 8 Collocation 8.2.7 Terms and Conditions - Remote Collocation 8.2.7.1 Remote Collocation allows CLEC to collocate in a Qwest Remote Premises that is located remotely from a Qwest Wire Center building property. Such Remote Premises include controlled environmental vaults, controlled environmental huts, cabinets, pedestals and other Remote Terminals. 8.2.7.2 The terms and conditions for Physical Collocation or Virtual Collocation shall apply to Remote Collocation as appropriate to the specific Remote Premises structure and subject to technical feasibility (e.g., Section 8.2.3.11 and Section 8.2.4 would not apply), or if appropriate, Adjacent Collocation as set forth above. Space will be offered in increments appropriate to the Remote Premises structure (i.e., shelf, relay rack, etc.). 8.2.8 Terms and Conditions - Facilty Connected (FC) Collocation 8.2.8.1 Facility Connected (FC) Collocation provides access via an Entrance Facility if CLEC does not need to collocate equipment in the Wire Center but requires access for Interconnection or access to UNEs, ancillary services and Finished Services. CLEC will submit its order using the FC Collocation Application. FC Collocation is provided on a termination block or termination panel within the designated Wire Center. Qwest will engineer, provision, maintain and repair all services to the FC Collocation. CLEC does not have physical access to the FC Collocation. 8.2.8.2 Qwest will perform the installation of services to the block or panel termination point indicated by CLEC on its orders, LSRs or ASRs, based on the connecting facility assignments (CFAs) from CLEC's alternative point of termination (APOT) form. 8.2.8.3 FC Collocation is available with the following configurations: 8.2.8.3.1 Copper Entrance Facility for termination and Cross Connection to appropriate Digital Service Level 0 (DSO) and Digital Service Level 1 (DS1) UNE services. If utilized for DS1 UNEs, CLEC must transmit a Trunk Level 1 (T1) templated signal over the copper facility. DS 1 copper Entrance Facilities will be wired to a DS1 office repeater to remove line voltage before terminating on the DSX paneL. Qwest will install and charge for this line voltage isolation equipment. 8.2.8.3.2 Fiber Entrance Facility termination and Cross Connection. 8.2.8.3.3 Other levels of service such as Digital Service Level 3 (DS3) or DS1 utilizing fiber are available via the Bona Fide Request (BFR). 8.2.8.4 Protection for lightning or voltage is required for copper Entrance Facilities and will require protection units (i.e., line voltage isolation equipment) on standard connector blocks on the distribution frame. Qwest will engineer and install this protection. All copper cables must come through a cable vault and have grounded/bonded sheaths. 8.2.8.5 CLEC is responsible for providing an Entrance Facility to the Qwest April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 113 Section 8 Collocation designated Collocation Point of Interface (C-POI). 8.2.8.6 All Qwest terminations on the termination frame or panel will be given a frame address. Qwest will maintain frame or panel address records for Qwest terminations. CLEC will maintain its CFA records. 8.2.9 Terms and Conditions - Common Area Splitter Collocation 8.2.9.1 If CLEC elects to have Splitters installed in Qwest Wire Centers via Common Area Splitter Collocation, the Splitters will be installed in those Wire Centers in one (1) of the following locations: (a) in a relay rack as close to CLEC's DSO termination points as possible; (b) on an ICDF to the extent such a frame is available; or (c) where options (a) and (b) are not available, or, in Wire Centers with network access line counts of less than 10,000, on the COSMICTM/MDF or in some other appropriate location such as an existing Qwest relay rack or bay. In Wire Centers with access line counts greater than 10,000, when all common area Splitter bays and racks are fully utilized, space permitting, Qwest will allow CLEC to place Splitters on the COSMICTM/MDF. CLEC either may purchase Splitters or have Qwest purchase the Splitters subject to full reimbursement of the cost of the Splitters plus any pass through actual vendor invoice costs, including but not limited to taxes, shipping and handling. The Splitters must meet the requirements for Central Offce equipment Collocation set by the FCC. Qwest will be responsible for installing and maintaining the Splitters, but CLEC will lease the Splitters to Qwest at no cost. Qwest may commingle the Splitter shelves of different CLECs in a single relay rack or bay. Qwest will not be responsible for shortages of Splitters or Qwests inability to obtain Splitters from vendors, if acting as purchasing agent OR behalf of CLEC. 8,2.9.2 Two (2) ITPs and four (4) tie cables will be needed to connect the Splitters to the Qwest network. One (1) ITP will carry both voice and data traffic from the COSMICTM/MDF Loop termination, to an appropriate ICDF. From this frame, one (1) tie cable will carry both voice and data traffc to the Splitter. The voice and data traffic will be separated at the Splitter, and the separated voice and data traffc will be routed to the ICDF via separate tie cables (Le., the second and third tie cables). At the ICDF, the data traffc will be routed to CLEC's Collocation area via a fourth tie cable, and the voice traffic will be routed to the COSMICTM/MDF Switch termination, via a second ITP. CLEC can also elect a direct connect option pursuant to Section 8.3.1.11.2. 8.2.9.3 Qwest will provide the cabling used for tie cables between the Splitter and the ICDF. The Splitter Tie Cable Connection Charge will apply. 8.2.9.4 The Demarcation Point between Qwests network and CLEC's network will be at the place where the data Loop leaves the Splitter on its way to CLEC's collocated equipment, or at the ICDF, where the data port is cabled to existing CLEC Collocation tie cable. 8.2.9.5 New Splitter shelves may be ordered at the same time as a new Collocation on a single Collocation Application form and a single order processing charge will apply. New Splitter shelves may be ordered with an existing Collocation by submitting a new Collocation Application and the applicable fee. Standard intervals as contained in Exhibit C will apply. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 114 Section 8 Collocation 8.2.9.6 Splitter Deployment 8.2.9.6.1 New applications for installation of Splitters will be processed in the manner outlined in the Collocation Section for Cageless Collocation. 8.2.9.6.2 CLEC may submit applications for additional DSO tie cable terminations and/or reclassification to support UNE or other services. Qwest will process any such applications for augmentation and/or reclassification of DSO tie cable terminations under intervals as outlined below in this Section. 8.2.9.6.3 Augmentation intervals will be thirty (30) Days, subject to the following terms and conditions identified below: 8.2.9.6.3.1 The interval for reclassification will be fifteen (15) Days, subject to the following terms and conditions. If the requested reclassification engineering results in additional requirements for DSO tie cable terminations or tie cable support, the interval will default to thirty (30) Days. 8.2.9.6.3.2 In the event CLEC, or Qwest acting as purchasing agent for CLEC, is unable to procure any equipment needed to complete all work required by applications submitted to Qwest by CLEC, including but not limited to, Splitters or cabling, Qwest will install the subject equipment when it becomes available. If Qwest is acting as purchasing agent for CLEC and. is unable to procure equipment to complete all work in a timely manner, CLEC may provide Qwest with the subject equipment. CLEC will be notified by Qwest of the required material on-site date for the affected Wire Center(s) and CLEC will have two (2) business days to determine if it will be able to provide the subject equipment in advance of the material on-site date. If CLEC does not notify Qwest in writing of its intent to provide the subject equipment within this two (2) business day period, or if the subject equipment is not provided in a timely manner, Qwest will install the subject equipment when available. 8.3 Rate Elements Rate elements for Collocation are included in Exhibit A. 8.3.1 Rate Elements - All Collocation 8.3.1.1 Qwest will recover Collocation costs through both recurring and nonrecurring charges. The charges are determined by the scope of work to be performed based on the information provided by CLEC on the Collocation Application and are specified in Exhibit A. Aquotation is then developed by Qwest for the work to be performed. 8.3.1.2 The following elements as specified in Exhibit A of this Agreement are used to develop a price quotation in support of Collocation: . 8.3.1.3 Quotation Preparation Fee. A non-refundable charge for the work required to verify space and develop a price quotation for the total costs to CLEC for its April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30,2007 115 Section 8 Collocation Collocation request. 8.3.1.3.1 Planning and Engineering Fee. Cable Augment Ouotation Preparation Fee. A non-refundable nonrecurring charge for the work required to plan, design, engineer, and develop a price quotation for the total costs to CLEC for its Collocation request to augment existing terminations. 8.3.1.4 Collocation Entrance Facility Charge. Provides for the fiber optic cable (in increments of 12 fibers) from the C-POI utilizing Owest owned, conventional single mode type of fiber optic cable to the collocated equipment (for Virtual Collocation) or to the leased space (for Caged or Cageless Physical Collocation). The Collocation Entrance Facility includes manhole, conduitlinnerduct, placement of conduitlinnerduct, fiber cable, fiber placement, splice case, a splice frame, fiber distribution panel, and relay rack. Charges apply per fiber pair. Express Fiber Entrance Facility does not include fiber cable, splice case, a splice frame or fiber distribution paneL. Microwave Entrance Facility charges are addressed in 8.3.1.17. 8.3.1.5 Cable Splicing Charge. Represents the labor and equipment to perform a subsequent splice to CLEC provided fiber optic cable after the initial installation splice. Includes per-setup and per-fiber-spliced rate elements. 8.3.1.6 -48 Volt DC Power Usage Charge. Provides -48 volt DC power toCLEC collocated equipment and is fused at one hundred twenty-five percent (125%) of the request. The -48 volt DC Power Usage Charge applies to the quantity of -48 volt capacity specified by CLEC in its order on a per ampere (amp) basis. There is a one (1) amp minimum charge for -48 volt DC power usage. 8.3.1.6.1 Optional -48 Volt DC Power Usage Charge is available for orders of greater than sixty (60) amps. If CLEC orders Optional DC Power Measurement, Owest will initially apply the -48 Volt DC Power Usage Charge from Exhibit A to the quantity of power ordered by CLEC. Owest will determine the actual usage at the power board as described in Section 8.2.1.30. Owest will adjust the monthly usage rate based upon the actual usage on a going forward basis. There is a one (1) amp minimum charge for -48 volt DC power usage. 8.3.1.6.2 Power Plant per Amp. Provides plant infrastructure to support the -48 volt DC power to CLEC collocated equipment. Power plant is built to support the amount of DC power usage ordered by CLEC and may be reduced with a power reduction request. 8.3.1.7 AC Power Feed. Recovers the cost of providing for the engineering and installation of wire, conduit and support, breakers and miscellaneous electrical equipment necessary to provide the AC power, with generator backup, to CLEC's space. The AC Power feed is optionaL. The AC Power Feed is available with single or triple phase options. The AC Power Feed is rated on a per foot and per ampere basis. 8.3.1.8 Inspector Labor Charge. Provides for Owest qualified personnel, acting as an inspector, when CLEC requires access to the C-POI after the initial installation. A call-out of an inspector after business hours is subject to a minimum charge of three (3) hours. The minimum call-out charge shall apply when no other employee is present in the location, and an 'off-shift' Owest employee (or contract employee) is required to go April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 116 Section 8 Collocation 'on-shift' on behalf of CLEC. 8.3.1.9 Intentionally Left Blank. 8.3.1.10 Interconnection Tie Pairs (ITP) are described in the UNE Section, and apply for each Unbundled Network Element, ancillary service or Interconnection service delivered to CLEC. The ITP provides the connection between the Unbundled Network Element, ancillary service or Interconnection service and the Demarcation Point. 8.3.1.11 Collocation Terminations. Terminations are purchased by CLEC for the purpose of accessing Unbundled Network Elements. These terminations may be requested in Shared Access and Direct Connection Configurations. 8.3.1.11.1 Shared Access 8.3.1.11.1.1 In a Shared Access configuration, there are multiple frames that could be designated as an ICDF or an appropriate Demarcation Point including, but not limited to, the following: a) Existing Interconnection Distributing Frame (I CD F) b) Existing DSX Panels for DS1 and DS3 services c) New Interconnection Distributing Frame d) Existing Toll Frame e) Fiber Distribution Panel f) Existing Intermediate Frame 8.3.1.11.1.2 The ICDF is the test access point. It would not be uncommon to find multiple service providers, including Qwest, on the ICDF at anyone time. This element includes Qwest's provided termination blocks or panels and the associated cost for placement of the blocks or panels. Cabling is also required and may be provided by CLEC or at its request, Qwest will provide cabling at an additional charge. When Qwest provides the cabling, Collocation Block Termination rates will apply as contained in Exhibit A of this Agreement. When CLEC provides the cabling, Collocation Termination rates, on a per termination basis, will apply as contained in Exhibit A of this Agreement. When CLEC provides and installs the tie cables, blocks and terminations on the ICDF, no Collocation Termination rates will apply. 8.3.1.11.2 Direct Connection 8.3.1.11.2.1 Direct Connection provides an uninterrupted path from the Collocation space to an existing frame. This option wil guarantee that there will not be an ICDF. The connection will be designed from the Collocation space to the same frame that Qwest uses to connect to that specific service. For example, if CLEC wants to April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 117 Section 8 Collocation connect directly from its Collocation space to a 911 router, the infrastructure for the 911 trunks will terminate in a DS1 bay location with the 911-router circuits. There are several options for the location of the Demarcation Point. CLEC will select its desired option via the Direct Connection Collocation Application. If CLEC chooses a demarcation inside the Collocation space, CLEC should order and install the termination equipment itself. Demarcation equipment must be noted on the order form so that a CLLI code and unique tie cable assignments can be generated for systems flow through. If CLEC chooses a demarcation outside its Collocation space, Owest will maintain and inventory this device. Direct terminations may be ordered where frame space is available. If frame space is exhausted the terminations may need to be made at another frame. Upon completion of the pre-provisioning of the Direct Connection, CLEC will receive an Alternate Point of Termination (APOT) form so that it may order Finished Services and UNEs, CLEC will be responsible for augmenting terminations as required. The Direct Connection APOT information must be provided on the ASR or LSR to insure that the services are designed to the dedicated path. 8.3.1.11.2.2 CLEC's termination point will require a CLLI code (e.g., Frame Number) and the dedicated tie pairs will require a unique name to enable automatic assignment through TIRKSTM and SWITCHTM via Carrier Facilities Address (CFA) methods. 8.3.1.11.2.3 If CLEC wishes to arrange terminations on a 2-wire POTS level cross connect device of the modular type, i.e. COSMICTM Hardware, standard-engineering principles will apply. Provisioning intervals and costs will be customized and determined on an Individual Case Basis (ICB). A five (5) year forecast including terminations per quantities will be required. MELDTM runs will be required for the initial COSMICTM plan and each subsequent block addition. To minimize CLEC's cost, to the extent feasible, Owest shall consolidate CLEC's requirements with the requirements of Owest and other CLECs into a single MELDTM run whenever feasible. Costs of such consolidated MELDTM runs shall be prorated among the parties, including Owest. Minimum installation requires at least one (1) block for every two (2) outside plant modules. A one-half ('Y) shelf of block capacity must be reserved for future block space. 8.3.1.11.2.4 Requests for terminations at a DSO, DS1, DS3 and optical level (non-POTS) may also be made directly to the respective frame or panel (i.e., toll frame, DSX, FDP, etc.). Direct Connections to these frames do not require MELDTM runs and short jumper engineering principals, as with the COSMICTM frame. However these connections will require coordination between Owest and CLEC to ensure that the cable is terminated in an existing frame with the service that CLEC is wishing to connect with. Direct Connection is ordered via the supplemental Collocation order form, Direct Connection (DC-POT). Timing, pricing and feasibility will be determined on the basis of a specific, in-depth building analysis. Direct Connections are available where available frame space April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 118 Section 8 Collocation permits. If frame space is exhausted, terminations may need to be made at another frame. Space availability will be determined during the feasibility request phase of the order. Rates for Direct Connection Terminations will be on an ICB basis using rates defined in Exhibit A. 8.3.1.11.3 Terminations must be purchased in the following increments: DSO in blocks of one hundred (100) or per termination; DS1 in increments of twenty-eight (28) or per termination; and DS3 in increments of one (1) coaxial cable termination or fiber in twelve (12) fiber strands (six (6) fiber pairs). 8.3.1.12 Security Charge. This charge applies to the keys/card and card readers required for CLEC access to the Qwest Premises for the purpose of Collocation. There are two monthly recurring rate elements associated with Security Access. The first rate element is per access card, per CLEC employee, per month. The second rate element is the number of card accessible premises, per CLEC employee, per month, as included in Exhibit A to this Agreement. 8.3.1.13 Composite Clock/Central Office Synchronization. Recovers the cost of providing composite clock and/or DS1 synchronization signals traceable to a stratum one source. CLEC must determine the synchronization requirements for CLEC's equipment and notify Qwest of these requirements when ordering the clock signals. Central Office Synchronization is required for Virtual Collocation involving digital services or connections. Synchronization may be required for analog services. Central Office Synchronization is available where Qwest Central Offices are equipped with Building Integrated Timing Supply (BITS). The rate is applied on a per Port basis in accordance with Exhibit A. 8.3.1.14 -48 Volt DC Power Cable Charge. Provides for the transmission of -48 volt DC power to the collocated equipment and is fused at one hundred twenty-five percent (125%) of request. It includes engineering, furnishing and installing the main distribution bay power breaker, associated power cable, cable rack and local power bay to the closest power distribution bay. It also includes the power cable (feeders) A and B from the local power distribution bay to the leased physical space (for Caged or Cageless Physical Collocation) or to the collocated equipment (for Virtual Collocation). It is charged per foot, per A and B feeder. 8.3.1.15 Space Availability Report Charge - Recovers the cost of preparing a Space Availability Report in accordance with Section 8.2.1.9.1. 8.3.1.16 CLEC-to-CLEC Connection Charge. Recovers the cost of order processing, design and engineering. Additional charges will be assessed for Virtual Collocation connections and cable holes, if applicable. There will be recurring charges for cable racking. 8.3.1.17 Microwave Entrance Facility - The charges for Microwave Entrance Facility include the recurring and nonrecurring charges associated with preliminary rooftop engineering and survey analysis, Premises structural analysis and line of sight feasibility, if performed by Qwest; space rental for the rooftop and existing antenna support structure, cable racking, cable, building penetration for cable entry, and other work as required. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 119 Section 8 Collocation 8.3.1.18 Joint Testing Charges: The charges for Joint Testing are nonrecurring. Set up and testing charges are based on the virtual collocation maintenance rate specified in Exhibit A. The set up fee has a minimum of one (1) hour per joint testing request at the specified Virtual Collocation maintenance rate, specified in Exhibit A, and a per half-hour charge at the same rate for any time exceeding the one (1) hour for testing. Owest will not charge for the Joint Testing based on the Joint Testing Owest- caused error rate as described in Section 8.2.1.31.3. 8.3.1.19 DC Power Reduction and Restoration Rates: CLEC will be charged the applicable nonrecurring Ouote Preparation Fee (OPF) or Engineering and Design Fee to perform the engineering and planning work to process the DC Power Reduction or DC Power Restoration request per Collocation space. Nonrecurring charges associated with the work required to reduce the fuse or breaker size, rewiring the power lead at the power source or relocation of the power feed will be on an ICB basis. When power is restored, nonrecurring charges will be assessed on an ICB basis for the work required to restore the power utilizing standard power rate elements for power usage, labor and cabling charges. CLEC will be charged a nonrecurring charge for moves between the battery distribution fuse board and the power board (for location changes) necessary for DC power reduction/restoration. A recurring power maintenance charge is associated with the option to hold the power infrastructure for a secondary feed for potential future use by CLEC. The recurring charge will terminate on the date a restoration job completes for the power feed or CLEC returns the fuse position to Owest. If Owest is unable to provide the requested power restoration of the held feed(s) due to exhaustion of power capacity, Owest will refund all Power Maintenance Charges collected since the reservation was accepted. 8.3.1.20 Collocation Available Inventory Charges. For standard Owest Postings of Collocation Available Inventory, CLEC will be charged the standard Collocation rates, including the applicable OPF or Engineering and Planning Fee. CLEC will also be charged for removal of terminations. For Special Sites, assuming CLEC will be charged a Special Site Assessment Fee instead of the standard OPF, unless CLEC requests an augment to the existing site in its initial Collocation Application, then the standard approved OPF will be charged as defined in Exhibit A. CLEC ordering a Special Site, in addition to the standard Collocation rates, will also be charged a nonrecurring Network Systems Administration Fee for the systems and record updates required to transfer the Collocation Site to assuming CLEC and, if a site survey is requested by CLEC, a Site Survey Fee. Any CLEC equipment left in the site will be transferred to assuming CLEC at no charge. Recurring charges for all products and services will be charged at rates listed in assuming CLEC Interconnection Agreement without a discount. 8.3.1.21 Collocation Joint Inventory Visit Charges. The pricing for Joint Inventory Visit isa state-specific, nonrecurring charge identified in Exhibit A. 8.3.2 Rate Elements - Virtual Collocation The following rate elements, as specified in Exhibit A, apply uniquely to Virtual Collocation. 8.3.2.1 Maintenance Labor. Provides for the labor necessary for repair of out of service and/or service-affecting conditions and preventative maintenance of CLEC virtually collocated equipment. CLEC is responsible for ordering maintenance spares. Owest will perform maintenance and/or repair work upon receipt of the replacement maintenance spare and/or equipment from CLEC. A call-out of a maintenance April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 120 Section 8 Collocation technician after business hours is subject to a minimum charge of three (3) hours. 8.3.2.2 Training Labor. Provides for the training of Owest personnel on a metropolitan service area basis provided by the vendor of CLEe's virtually collocated equipment when that equipment is different from Owest-provided equipment or another CLEC's equipment on which Owest personnel has not been trained within the previous 12 months. Owest will require three (3) Owest employees to be trained per metropolitan service area in which CLEe's virtually collocated equipment is located. If, by an act of Owest, trained employees are relocated, retired, or are no longer available, Owest will not require CLEC to provide training for additionalOwest employees for the same virtually collocated equipment in the same metropolitan area. Where more than one (1) CLEC in the same metropolitan area selects the same virtually collocated equipment within a twelve (12) month period, the training costs shall be prorated to each according to the number of CLECs so selecting. 8.3.2.3 Equipment Bay. Provides mounting space for CLEC virtually collocated equipment. Each bay includes the seven (7) foot bay, its installation, and all necessary environmental supports. Mounting space on the bay, including space for the fuse panel and air gaps necessary for heat dissipation, is limited to seventy-eight (78) inches. The monthly rate is applied per shelf. CLEC may request use of alternate bay heights of nine (9) foot and eleven (11) foot six (6) inches, which will be considered on an IndividualCase Basis. No Equipment Bay Charge is assessed if CLEC provides its own equipment bay. 8.3.2.4 Engineering Labor. Provides the planning and engineering of CLEC virtually collocated equipment at the time of installation, change or removaL. 8.3.2.5 Installation Labor. Provides for the installation, change or removal of CLEC virtually collocated equipment. 8.3.2.6 Floor Space Lease. Required for Virtual Collocation only in the instance where CLEC provides its own equipment bay. This rate element provides the monthly lease for the space occupied by CLEC-provided equipment bay, including property taxes and base operating cost without -48 volt DC power. Includes convenience 110 AC, 15 amp electrical outlets provided in accordance with local codes and may not be used to power transmission equipment or -48 volt DC power generating equipment. Also includes maintenance for the leased space; provides for the preventative maintenance (climate controls, filters, fire and life systems and alarms, mechanical systems, standardHVAC); biweekly housekeeping services (sweeping, spot cleaning, trash removal) of Owest Premises areas surrounding CLEC-provided equipment bay and general repair and maintenance. The Floor Space Lease includes required aisle space on each side of CLEC-provided equipment bay. 8.3.2.7 Space Construction. This rate element includes the material and labor to construct and prepare the space, including all support structure, cable racking specific to the bay site. It also includes air conditioning (to support CLEC loads specified), lighting (not to exceed two (2) watts per square foot), and convenience outlets and the cost associated with space engineering. These elements have recurring and nonrecurring charges. 8.3.2.8 Cable Rack. This rate element includes the metal structure that holds April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 121 Section 8 Collocation and routes cabling throughout the Owest Central Offce that attaches to the bay specific racking. This element has recurring and nonrecurring charges. 8.3.3 Rate Elements - Physical Collocation 8.3.3.1 Space Construction and Site Preparation. Includes the material and labor to construct and prepare the space, including all support structure, cable racking and lighting required to set up the space. It also includes air conditioning (to support CLEC loads specified), lighting (not to exceed 2 watts per square foot), and convenience outlets (3 per Caged or Cage less Collocation or number required by building code) and the cost associated with space engineering. If a new line-up is established for Cageless Collocation, an AC power outlet will be provided at every other bay in the line-up. Cage less bays placed in existing line-ups will use the existing outlets. For Caged Collocation, it includes a nine (9) foot high cage enclosure. CLEC may choose from Owest approved contractors or may use another vendor of CLEC's own choosing, subject to Owests approval, which may not be unreasonably withheld, to construct the space, including the cage in the case of Caged Collocation, in accordance with NEBS Level 1 safety requirements. Pricing for the Space Construction and Site Preparation is described in Exhibit A. In the case of Shared Collocation, Owest may not increase the cost of site preparation or nonrecurring charges above the TELRIC cost for Provisioning such a cage of similar dimensions and material to a single collocating party, and Owest must prorate the charge for site conditioning and preparation by determining the total charge for site preparation and allocating that charge to CLEC based on the percentage of the total space used by CLEC. Owest must in all cases of Shared space Collocation allocate space preparation, conditioning, security measures and other Colloootion charges on a pro-rated basis to ensure that the charges paid by CLEC as a percentage of the total overall space preparation and conditioning expenses do not exceed the percentage of the total Collocation space used by CLEC. 8.3.3.1.1 Space Construction and Site Preparation Single Bay Credit. A credit is applied to the standard two-bay Space Construction and Site Preparation fee included in Exhibit A when CLEC requests a cageless single-bay configuration. The incremental material and labor costs to install a second bay will be credited. 8.3.3.1.2 Space Construction Fencing Credit. Credit that is applied when CLEC hires an outside company to install the cage fencing. If that option is selected, CLEC will receive a recurring and nonrecurring charge credit for the portion of the rate in Section 8.3.3.1 that covers Owest-performed installation of the fencing. 8.3.3.2 Floor Space Lease. Provides the monthly lease for the leased physical space, property taxes and base operating cost without -48 volt DC power. Includes convenience 110 AC, 15 amp electrical outlets provided in accordance with local codes and may not be used to power transmission equipment or -48 volt DC power generating equipment. Also includes maintenance for the leased space; provides for the preventative maintenance (climate controls, filters, fire and life systems and alarms, mechanical systems, standard HVAC); a pro-rata share of biweekly housekeeping services (sweeping, spot cleaning, trash removal) of Owest Premises common areas surrounding the leased physical space and general repair and maintenance. The Floor Space Lease includes required aisle space on each side of the cage enclosure, as applicable. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 122 Section 8 Collocation 8.3.3.3 Intentionally Left Blank. 8.3.3.4 Collocation Grounding Charge for Caged Collocation. Used to connect the Premises common ground to CLEC cage. Recurring and nonrecurring charges are assessed per foot to CLEC's equipment. 8.3.4 Rate Elements - ICDF Collocation 8.3.4.1 Rate elements for ICDF Collocation include security, QPF, DSO circuit legs, DS1 circuit legs, DS3 circuit legs, and fiber circuit legs. Circuit legs are defined as termination blocks/panels and cables that are provisioned to meet CLEC's ICDF Collocation needs. These rate elements and their associated charges are used to develop a price quotation for the ICDF Collocation based on CLEC's Collocation Application. 8.3.5 Rate Elements - Adjacent and Adjacent Remote Collocation 8.3.5.1 The charges for Adjacent and Adjacent Remote Collocation will be developed on an Individual Case Basis, except where the Commission finds that standard pricing elements can be reasonably identified and their costs determined, depending on the specific needs of CLEC and the unique nature of the available adjacent space (e.g., existing structure or new structure to be constructed). 8.3.6 Rate Elements - Remote Collocation 8.3.6.1 Space Per Standard Mounting Unit - 1.75 (one and seventy-five one hundredths) vertical inches. This nonrecurring rate is associated with the cabinet space and includes the cost of the cabinet and all of the work and materials associated with placement of the cabinet. The recurring rate associated with the space covers maintenance of the materials and equipment associated the cabinet as well as a portion of the costs required for the power pedestaL. 8.3.6.1.1 Feeder Distribution Interface (FDI) Terminations (per twenty-five (25) pair), This nonrecurring rate includes costs associated with initial FDI upgrade work required to provide the terminations requested at the FDI. The recurring rate associated with the FDI covers maintenance of the cable between the FDI and the remote collocation cabinet, as well as maintenance of the terminations at the FDI. These charges will apply for both DSO and DS1. 8.3.6.1.2 -48 Volt DC Power Usage Less Than or Equal to Sixty (60) Amps. Provides -48 volt DC power to CLEC's collocated equipment and is fused at one hundred twenty-five percent (125%) of the request. The -48 volt DC power usage charge applies to the quantity of -48 volt capacity specified by CLEC in its order on a per-ampere (amp) basis. 8.3.6.1.3 Quote Preparation Fee. A non-refundable nonrecurring charge for the work required to plan, design, engineer, and develop a price quotation for CLEC's Collocation request. 8.3.6.2 Additional Virtual Remote Terminal Features. Work functions that may be required in the installation or repair of the Virtual Remote Collocation. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 123 Section 8 Collocation 8.3.6.2.1 Flat Charge, Per Job. Nonrecurring charge to recover service order costs when an additional service order must be issued when necessary for CLEC's additional request for installation and maintenance-related work. 8.3.6.2.2 Engineering Rate. Provides the planning and engineering of CLEC virtually remote collocated equipment at the time of installation, change or removaL. Business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm (local time), and after business hours are after 5:00 pm and before 8:00 am (local time), Monday through Friday, all day Saturday, Sunday and holidays 8.3.6.2.3 Installation. Provides for the installation, change or removal of CLEC virtually remote collocated equipment. 8.3.6.2.4 Training. Provides for the training of Owest personnel on a metropolitan service area basis provided by the vendor of CLEC's virtually remote collocated equipment when that equipment is different from Owest- provided equipment. 8.3.7 Rate Elements - CLEC-to-CLEC Connections 8.3.7.1 8.3.1.16. The charges for CLEC-to-CLEC Connections are addressed in Section 8.3.8 Rate Elements - Facility Connected (FC) Collocation 8.3.8.1 Rate elements for Facility Connected (FC) Collocation include: OPF or Planning and Engineering; copper entrance facility; fiber entrance facility; termination block with gas protectors; termination panel; and DS1 voltage isolation. Charges associated with these rate elements are specified in Exhibit A of this Agreement. These rate elements and their associated charges are used to develop a price quotation for Fe Collocation based on CLEC's FC Collocation Application and the type of Entrance Facility requested. 8.3.9 Rate Elements - Splitter Collocation 8.3.9.1 Tie Cable Reclassification Charge - A nonrecurring charge will apply, based on time and materials for reclassification of existing tie cable capacity, by among other things, reclassification of existing tie cables, frame re-stenciling, and any other work performed between CLEC's Collocation and the Interconnection Distribution Frame (ICDF) required to provision UNEs and other services. 8.3.9.2 Trouble Isolation Charge - A Miscellaneous Charge will be applied for trouble isolation in accordance with Maintenance and Repair processes set forth in the Maintenance and Repair Section of this Agreement. Exhibit A includes charges for Trouble isolation. 8.3.9.3 Additional Testing - CLEC may request Owest to perform additional testing, and Owest may decide to perform the requested testing on a case-by-case basis. A nonrecurring charge will apply in accordance with Exhibit A. April 15, 2008/lhd/XO Communications/IO/ Agreement Number COS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 124 Section 8 Collocation 8.3.9.4 Splitter Shelf Charge - This charge recovers installation and ongoing maintenance associated with Splitter installation, bay installation, lighting costs, aerial support structures and grounding charge for Splitters either in a bay, on the ICDF, or on the MDF/COSMICTM. These are both recurring and nonrecurring charges. 8.3.9.5 Splitter Charge - A nonrecurring charge will apply for the cost of each Splitter purchased by Owest on behalf of CLEC. This charge will cover the cost of the Splitter, plus any associated costs incurred by Owest to order the Splitter. 8.3.9.6 Engineering - A nonrecurring charge will apply for the planning and engineering associated with placing Splitters in the Central Offce, either in a bay, on the ICDF, or on the MDF/COSMICTM. 8.3.9.7 Splitter Tie Cable Connections Charge - A nonrecurring charge will apply for the cost of each tie cable connected to the Splitters in three (3) different configurations: common area; Collocation space; and Main Distribution Frame. This charge will cover both the tie cables and associated blocks per one hundred (100) pair between the Splitter and the ICDF or Splitter bay. 8.3.9.8 The rates for each of the aforementioned split services rate elements are set forth in Exhibit A to this Agreement. 8.4 Ordering 8.4.1 Ordering - All Collocation 8.4.1.1 CLEC must complete the requirements in the Implementation Schedule Section of this Agreement before submitting a Collocation Application Form to Owest. 8.4.1.1.1 Nothing in this Agreement shall be construed to preclude CLEC from submittng an order for Collocation prior to CLEC's execution of this Agreement. If, however, the Collocation interval is completed before this Agreement or another interconnection agreement becomes effective, the rates, terms, and conditions of this Agreement shall apply to such Collocation. 8.4.1.2 Any material changes, modifications or additional engineering (Material Changes) requested by CLEC, subsequent to its original Collocation order, as to the type and quantity of equipment or other aspects of the original Collocation order, must be submitted with a revised Collocation Application. For purposes of this section, Material Changes are changes that would significantly impair Owests ability to provision the requested Collocation within the applicable intervals if the changes are provisioned with the original Collocation order and would require Owest to incur financial penalties under the terms of this Agreement or other Applicable Law. Owest shall determine the additional time required to comply with CLEC's request for Material Changes (Additional Time), and CLEC shall have the option of (a) having the request for Material Changes implemented with the original Collocation order (within the original Provisioning intervals) as extended by the Additional Time; or (b) having Owest process and provision the request as a subsequent construction activity or augmentation to the original Collocation order. Any nonmaterial changes, modifications, or additional engineering requested by CLEC, subsequent to its original Collocation order, may be submitted with a revised Collocation Application or otherwise communicated to Owest and shall be implemented April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 125 Section 8 Collocation with the original Collocation order within the original applicable intervals. 8.4.1.3 There are three (3) primary steps in the ordering of Collocation - 1) Forecasting, 2) Application, and 3) Acceptance of Quotation. 8.4.1.4 CLEC shall submit an annual forecast, updated at the end of each quarter, of its future Collocation requirements. The quarterly forecast shall be reviewed by CLEC and the Qwest account team. CLEC's forecast shall be considered accurate for purposes of Collocation intervals if the subsequent Collocation Application correctly identifies a) and e) below, and b) and c) below are within twenty percent (20%) of the forecast. If at the time the Collocation Application is made the forecasted type of Collocation is not available, CLEC may specify a different type of Collocation without affecting the Collocation intervals. The forecast shall include, for each Qwest Premises, the following: a) Identification of the Qwest Premises; b) Floor space requirements, including the number of bays for a Cageless Collocation arrangement; c) Power requirements; d) Heat Dissipation (optional); e) Type of Collocation (e.g., Caged Physical, Cageless Physical, Shared, ICDF, Virtual, etc.); f) Intentionally Left Blank; g) Entrance Facility Type (e.g., Express Fiber, Private Line); h) Type and Quantity of Terminations (optional); and i) Month or Quarter, during or after which CLEC expects to submit its Collocation Application. 8.4.1.4.1 The following terms shall apply to the forecasting process: a) CLEC forecasts shall be provided as detailed in .Section 8.4.1.4; b) CLEC forecasts shall be Confidential Information and Qwest may not distribute, disclose or reveal, in any form, CLEC forecasts other than as allowed and described in subsections 5.16.9.1 and 5.16.9.2. 8.4.1.5 CLEC shall submit a Collocation Application to order Collocation at a particular Qwest Premises. A Collocation Application shall be considered complete, if it contains: a) Identification of the Qwest Premises; b) Floor space requirements, including the number of bays for a Cageless April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 126 Section 8 Collocation Collocation arrangement; c) Power requirements; d) Heat dissipation; e) Type of Collocation (e.g., Caged Physical, Cageless Physical, Shared, Virtual, etc.); f) Collocated equipment and technical equipment specifications (manufacturer make, model no., functionality i.e., cross connect, DLC, DSLAM,transmission, Switch, etc., physical dimensions, quantity). (NOTE: Packet or circuit switching equipment requires, in writing and attached to the Collocation Application, how this equipment is necessary for access to UNEs or Interconnection. A high level equipment interface or connectivity schematic for the equipment should also be included.); g) Entrance Facility type; h) Type and quantity of terminations; i) If desired, an alternate form of Collocation if the first choice is not available; and j) Billing contact. 8.4.1.5.1 Parties will work cooperatively to ensure the accuracy of the Collocation Application. If Qwest determines that the Collocation Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10)' Days after receipt of the Collocation Application. Qwest shall provide suffcient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten ( 10) Days after being advised of the deficiencies. 8.4.1.6 Acceptance - After receipt of a Collocation Quotation Form from Qwest, CLEC shall formally accept the quotation in order for Qwest to continue the processing of the Collocation Application. A Collocation Acceptance shall be considered complete, if it contains: a) Signed Notification of Acceptance; and b) Payment of fifty percent (50%) of quoted charges. 8.4.1.7 Collocation Space Reservation - allows CLEC to reserve space and identify, to the extent available, infrastructure incidental to that space such as power and HVAC, in a Qwest Premises for up to one (1) year for transmission equipment (ATM and DSLAM), three (3) years for circuit switching equipment, and five (5) years for power equipment. CLEC may reserve space in a particular Qwest Premises through the Collocation Space Reservation Application Form. Requests for contiguous space will be honored, if available. April 15, 2008/1hd/XO CommunicationsllD/Agreement Number CDS-080415.0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 127 Section 8 Collocation 8.4.1.7.1 Collocation Space Reservation Application - Upon receipt of the Collocation Space Reservation Application Form, Owest will provide space feasibility within ten (10) Days. 8.4.1.7.2 Collocation Space Reservation Ouotation - If space is available, Owest will provide a specific price quotation based on the requested Collocation requirements described on the Collocation Space Reservation Application Form. The quotation and a Billing invoice for twenty-five percent (25%) payment of nonrecurring charges will be sent to CLEC within twenty-five (25) Days from the Collocation Space Reservation Application receipt. 8.4.1.7.2.1 Collocation Space Reservation Acceptance. CLEC must electronically submit Acceptance or non-Acceptance of the quotation within seven (7) Days of receipt of the quotation. If CLEC submits the Acceptance between eight (8) and thirt (30) Days of receipt of the quotation, Owest will honor the reservation upon receipt of the payment only if Owest does not receive a competing request for the same space from another CLEC. Owest will not honor reservations if CLEC submits the Acceptance more than thirty (30) Days after receipt of the quotation. 8.4.1.7.3 Upon receipt of the twenty-five percent (25%) payment, Owest will reserve the space on behalf of CLEC in accordance with the Collocation Space Reservation Application and take the necessary steps to ensure the availability of power, HVAC and other-components reflected on the Collocation Space Reservation Application. Owest will hold the reservation for the applicable reservation period after the twenty-five percent (25%) payment. This payment will be applied to the subsequent Collocation Application. 8.4.1.7.4 CLEC may cancel the reservation at any time during the applicable reservation period. Upon notification of the cancellation, Owest will refund a prorated portion of the twenty-five percent (25%) payment as follows: a) Cancellation notification within ninety (90) Days from receipt of wire transfer, seventy-five percent (75%) of the initial down payment will be returned to CLEC. b) Cancellation notification within ninety-one (91) and one hundred and eighty (180) Days from receipt of wire transfer, fifty percent (50%) of the initial down payment will be returned to CLEC. c) Cancellation notification within one hundred and eighty-one (181) and two hundred and seventy (270) Days from receipt of wire transfer, twenty- five percent (25%) of the initial down payment will be returned to CLEC. d) Cancellation notification after two hundred and seventy (270) Days from receipt of wire transfer, zero percent (0%) of the initial down payment will be returned to CLEC. April 15, 200811hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 128 Section 8 Collocation 8.4.1.8 Collocation Space Option 8.4.1.8.1 CLEC, Owest and Owest Affliates may option space in Owest Wire Center Premises in accordance with the terms of this Section 8.4.1.8 for the following equipment and time periods: a) Transmission equipment - one (1) year b) Circuit switching equipment - three (3) years c) Power plants - five (5) years 8.4.1.8.2 Optioned space is offered to CLECs for Caged, Cageless, and Virtual Collocation. To promote fairness and prevent warehousing, the following limits apply: a) The Party requesting the option may specify the amount of space to be optioned but not a specific location within the Wire Center. CLEC may also request space be contiguous to its existing Collocation space. b) A requesting CLEC may option one (1) Collocation space per Wire Center. c) The maximum amount of space per Wire Center to be Optioned is: - two hundred (200) square feet for Caged Collocation - four (4) bays for Cage less and Virtual Collocation 8.41.8.3 The Collocation Space Option Application form will be processed upon receipt of a properly completed request. Such form shall be considered properly completed if it contains identifying information of CLEC, the applicable Owest Premises, the amount of Collocation space sought, the type of Collocation (Caged, Cageless, Virtual) and the type of equipment (from the categories identified in Section 8.4.1.8.1) for which the option is being sought. CLEC must have met all past and present undisputed financial obligations to Owest. Upon receipt of the Collocation Space Option Application form, Owest will confirm in writing, within ten (10) Days, the availability of, and price quotation (the "Option Fee") for the Optioned space. If space is not available, Owest will deny the request. 8.4.1.8.4 CLEC must submit Acceptance with full payment of the nonrecurring portion of the Option Fee, or acknowledge non-Acceptance of the quoted Option Fee, within seven (7) Days of receipt of the quotation. When Owest takes an option on space for itself, Owest shall impute an amount equal to the Option Fee to the appropriate operations for which the optioned space applies. The option quotation expires seven (7) Days after delivery to CLEC. 8.4.1.8.5 Upon receipt of Acceptance and full payment of the nonrecurring April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 129 Section 8 Collocation portion of the Option Fee, Owest will option the space on behalf of CLEC including the contiguous space requests if available (or itself if appropriate) and the option time frame will begin. The prioritization of optioning will be based upon the date and time of the Acceptance. The earlier in time an Acceptance is received by Owest, the higher in priority is such option. The option is limited to space only and does not include other elements required to provision the Collocation. 8.4.1.8.6 In order for an option request to avoid expiration, CLEC must: a) or Submit a Collocation Application during the option time frame; b) The option may be renewed if a Collocation Space Option Application is received at least ten (10) Days prior to the expiration of the term of the existing option. The priority of a renewed option is determined by the date CLEC accepts the quotation from Owest on CLEC's renewal application. 8.4.1.8.7 First Right of Refusal - If Owest receives a valid Collocation Application (CLEC A is the requesting party) for a Owest Wire Center in which all available space has been occupied or optioned, the following provisions for First Right of Refusal will apply: 8.4.1.8.7.1 All Owest out of space reporting requirements ap.ly to the Collocàtion Application (Sections 8.2.1.11 and 8.2.1.12). In addition, Owest will provide CLEC A with option space information (e.g., Caged and Cage less optioned space) that may fulfill the requirements of CLEC A's Collocation Application. At CLEC A's request, Owest will initiate the option enforcement notice process by notifying the option party or parties with the most recent space option(s) that meets the requirements of CLEC A's Collocation Application. 8.4.1.8.7.2 The option enforcement notice serves as notification to the option party that Owest is in possession of a valid Collocation Application, and calls for the option party to exercise its Right of First Refusal, or relinquish its space option. The option party may exercise its Right of First Refusal by submitting either a Collocation Application as set forth in Section 8.4.1.5, or by submittng the Collocation Space Reservation Application set forth in Section 8.4.1.7, within ten (10) Days of receipt of the option enforcement notice. This process continues for all optioned space until all optioned space is exercised or optioned space is relinquished (affirmatively by CLEC or upon expiration of the notice period, whichever is earlier) to fulfill the Collocation Application. Once optioned space has been relinquished for use to fulfill the Collocation Application, the standard ordering terms and conditions for Collocation shall apply. 8.4.1.8.7.3 Where contiguous space has been optioned, Owest will make its best effort to notify CLEC if Owest, its Affiliates or other CLECs require the use of CLEC's contiguous space. Upon notification, April 15, 2008/lhd/XO Communications/ID/AgreementNumber CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 130 Section 8 Collocation CLEC will have seven (7) Days to indicate its intent to submit a Collocation Application or Collocation Reservation. CLEC may choose to terminate the contiguous space option or continue without the contiguous provision. 8.4.1.8.7.4 The rate elements for the Collocation Space Option are comprised of the following: a) Space Option Administration Fee is a nonrecurring fee for all Collocation Space Option requests and covers the processing of application, feasibility, common space engineering, records management, and administration of the First Right of Refusal process. b) Space Option Fee is a monthly recurring fee that will be charged based upon the amount of space being optioned, at two dollars ($2) per square foot per month. 8.4.1.8.8 In the event that the option party proceeds with a Collocation Application for optioned space, all payments made pursuant to Section 8.4.1.8.7.4(b) above shall be applied to such Collocation Application. 8.4.1.9 The intervals for Virtual Collocation (Section 8.4.2), Physical Collocation (Section 8.4.3), and ICDF Collocation (Section 8.4.4) apply to a maximum of five (5) Collocation Applications per_CLEC per week per state. If six (6) or more Collocation Applications are submitted by CLEC in a one (1) week period in the state, intervals shall be individually negotiated. Qwest shall, however, accept more than five (5) Collocation Applications from CLEC per week per state, depending on the volume of Collocation Applications pending from other CLECs. 8.4.2 Ordering - Virtual Collocation 8.4.2.1 Application -- Upon receipt of a complete Collocation Application as described in Section 8.4.1.5, Qwest will perform a feasibility study to determine if adequate space, power and HVAC can be found for the placement of CLECts equipment within the Premises. The feasibility study will be provided within ten (10) Days of receipt of a complete Collocation Application. As part of the feasibility study, Qwest will also notify CLEC of any known circumstance that may delay delivery of the ordered Collocation space and related facilities. 8.4.2.1.1 If Qwest determines that the Collocation Application is not complete, Qwestshall notify CLEC of any deficiencies within ten (10) Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) Days after being advised of the deficiencies. 8.4.2.2 Quotation - If Collocation Entrance Facilities and space are available, Qwest will develop a price quotation within twenty-five (25) Days of completion of the feasibility study. Subsequent requests to augment an existing Collocation also require April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 131 Section 8 Collocation receipt of a Collocation Application. Adding plug-ins, e.g., DS1 or DS3 cards to existing virtually collocated equipment, will be processed and provisioned within ten (10) business days. Virtual Collocation price quotations will be honored for thirty (30) Days from the date the quotation is provided. During this period the Collocation Entrance Facility and space are reserved pending CLEC's Acceptance of the quoted charges. 8.4.2.3 Acceptance -- Upon receipt of complete Collocation Acceptance, as described in 8.4.1.6, space will be reserved and construction by Owest will begin. 8.4.2.4 Interval - The interval for Virtual Collocation shall vary depending upon four (4) factors: 1) whether the request was forecasted in accordance with Section 8.4.1.4 or the space was reserved, in accordance with Section 8.4.1.7; 2) whether CLEC provides its Acceptance within seven (7) Days receipt of the quotation; 3) whether CLEC delivers its collocated equipment to Owest in a timely manner, which shall mean within fifty-three (53) Days of the receipt of the complete Collocation Application; and 4) whether the Collocation Application requires major infrastructure additions or modifications. The installation of line cards and other minor modifications shall be performed by Owest on shorter intervals and in no instance shall any such interval exceed thirty (30) Days. When Owest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below, Owest shall use its best efforts to minimize the extension of the intervals beyond such standard intervals. 8.4.2.4.1 Forecasted Applications with Timely Acceptance - If a Collocation Application is included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance within seven (7) Days of receipt of theOwest Collocation quotation, and if all of CLEC's equipment is available at the Owest Premises no later than fifty-three (53) Days after receipt of the complete Collocation Application, Owest shall complete its installation of the Collocation arrangement within ninety (90) Days of the receipt of the complete Collocation Application. If CLEC's equipment is not delivered to Owest within fifty-three (53) Days after receipt of the complete Collocation Application, Owest shall complete the Collocation installation within forty-five (45) Days of the receipt of all of CLEC's equipment. 8.4.2.4.2 Forecasted Applications with Late Acceptance - If a Premises is included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance more than seven (7) Days but less than thirty (30) Days after receipt of the Owest Collocation quotation, and if all of CLEC's equipment is available at the Owest Premises no later than fifty-three (53) Days after receipt of the complete Collocation Acceptance, Owest shall complete its installation of the Collocation arrangement within ninety (90) Days of the receipt of the complete Collocation Acceptance. If CLEC's equipment is not delivered to Owest within fifty-three (53) Days after receipt of the complete Collocation Acceptance, Owest shall complete the Collocation installation within forty-five (45) Days of the receipt of all of CLEC's equipment. If CLEC submits its Acceptance more than thirty (30) Days after receipt of the Owest quotation, the Collocation Application shall be resubmitted by CLEC. 8.4.2.4.3 Unforecasted Applications with Timely Acceptance - If a April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 132 Section 8 Collocation Premises is not included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance within seven (7) Days of receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) Days after receipt of the complete Collocation Application, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) Days of the receipt of the complete Collocation Application. If CLEC's equipment is not delivered to Qwest within fifty-three (53) Days after receipt of the complete Collocation Application, Qwest shall complete the Collocation installation within seventy-five (75) Days of the receipt of all of CLEC's equipment. 8.42.4.4 Unforecasted Applications with Late Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance more than seven (7) Days but less than thirty (30) Days after receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) Days after receipt of the complete Collocation Acceptance, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) Days of the receipt of the complete Collocation Acceptance. If CLEC's equipment is not delivered to Qwest within fifty-three (53) Days after receipt of the complete Collocation Acceptance, Qwest shall complete the Collocation installation within seventy-five (75) Days of the receipt of all of CLEC's equipment. 8.42.4.5 Intervals for Major Infrastructure Modifications Where No Forecast is Provided - An unforecasted Collocation Application may require Qwest to complete major infrastructure modifications to accommo.date CLEC's specific requirements. Major infrastructure modifications that may be required include conditioning space, permits, DC power plant, standby generators, heating, venting or air conditioning equipment. The installation intervals in Sections 8.4.2.4.3 through 8.4.2.4.4 may be extended, if required, to accommodate major infrastructure modifications. When major infrastructure modifications as described above are required, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) Days after receipt of the complete Collocation Application, Qwest shall propose to complete its installation of the Collocation arrangement within an interval of no more than one hundred and fifty (150) Days after receipt of the complete Collocation Application. The need for, and the duration of, an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for, and the duration of, an extended interval, in which case Qwest must request a waiver from the Commission to obtain an extended intervaL. 8.4.2.4.6 Major Infrastructure Modifications where CLEC Forecasts its Collocation or Reserves Space. - If CLEC's forecast or reservation triggers the need for an infrastructure modification, Qwest shall take the steps necessary to ensure that it will meet the intervals set forth in Sections 8.4.2.4.1 and 8.4.2.4.2 when CLEC submits a Collocation Application. If not withstanding these efforts, Qwest is unable to meet the interval and cannot reach agreement with CLEC for an extended interval, Qwest may seek a waiver from the Commission to obtain an extended intervaL. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 133 Section 8 Collocation 8.4.3 Ordering - Caged and Cageless Physical Collocation 8.4.3.1 Application -- Upon receipt of a complete Collocation Application as described in Section 8.4.1.5 Qwest will perform a feasibility study to determine if adequate space, power, and HVAC can be found for the placement and operation of CLEC's equipment within the Premises. The feasibility study will be provided within. ten (10) Days from date of receipt of a complete Collocation Application. As part of the feasibility study, Qwest will also notify CLEC of any known circumstance that may delay delivery of the ordered Collocation space and related facilities. 8.4.3.1.1 If Qwest determines that the Collocation Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) Days of the Collocation Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) Days after being advised of the deficiencies. 8.4.3.2 Quotation -- If Collocation Entrance Facilities and space are available, Qwest will develop a quotation for the supporting structure. Qwest will complete the quotation no later than twenty-five (25) Days of providing the feasibility study. Physical Collocation price quotations will be honored for thirty (30) Days from the date the quotation is provided. During this period, the Collocation Entrance Facility and space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.3.3 Acceptance -- Upon receipt of a complete Collocation Acceptance, as described in Section 8.4.1.6 space will be reserved and construction by Qwest will begin. 8.4.3.4 Interval - The interval for Physical Collocation shall vary depending upon three (3) factors: 1) whether the request was forecasted in accordance with Section 8.4.1.4 or the space was reserved, in accordance with Section 8.4.1.7; 2) whether CLEC provides its Acceptance within seven (7) Days of receipt of the quotation; and 3) whether the Collocation Application requires major infrastructure additions or modifications. When Qwest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below, Qwest shall use its best efforts to minimize the extension of the intervals beyond such standard intervals. 8.4.3.4.1 Forecasted Applications with Timely Acceptance - If a Premises is included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance within seven (7) Days of receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within ninety (90) Days of the receipt of the complete Collocation Application. 8.4.3.4.2 Forecasted Applications with Late Acceptance - If a Premises is included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance more than seven (7) Days but less than thirt (30) Days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within ninety (90) Days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) Days after April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 134 Section 8 Collocation receipt of the Owest quotation, a new Collocation Application shall be resubmitted by CLEC. 8.4.3.43 Unforecasted Applications with Timely Acceptance -If a Premises is not included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance within seven (7) Days after receipt of the Owest Collocation quotation, Owest shall complete .its installation of the Collocation arrangement within one hundred and twenty (120) Days of the receipt of the complete Collocation Application. 8.4.3.4.4 Unforecasted Applications with Late Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application and if CLEC provides a complete Acceptance more than seven (7) Days but less than thirty (30) Days after receipt of the Owest Collocation quotation, Owest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) Days of the receipt of the complete Collocation Acceptance. 8.4.3.4.5 Intervals for Major Infrastructure Modifications Where No Forecast is Provided - An unforecasted Collocation Application may require Owest to complete major infrastructure modifiçations to accommodate CLEC's specific requirements. Major infrastructure modifications that may be required include conditioning space, permits, DC power plant, standby generators, heating, venting or air conditioning equipment. The installation intervals in Sections 8.4.3.4.3 through 8.4.3.4.4 may be extended, if required, to accommodate major infrastructure modifications. When major infrastructure modifications as described above are required, Owest shall propose to complete its installation of the Collocation arrangement within an interval of no more than one hundred and fifty (150) Days after receipt of the complete Collocation Application. The need for, and the duration of, an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for, and the duration of, an extended interval, in which case Owest must request a waiver from the Commission to obtain an extended intervaL. 8.4.3.4.6 Major Infrastructure Modifications where CLEC, Forecasts its Collocation or Reserves Space. If CLEC's forecast or reservation triggers the need for an infrastructure modification, Owest shall take the steps necessary to ensure that it will meet the intervals set forth in Sections 8.4.3.4.1 and 8.4.3.4.2 when CLEC submits a Collocation Application. If not withstanding these efforts, Owest is unable to meet the interval and cannot reach agreement with CLEC for an extended interval, Owest may seek a waiver from the Commission to obtain an extended interval. 8.4.4 Ordering - Interconnection Distribution Frame (ICDF) Collocation 8.4.4.1 Application -- Upon receipt of a complete Collocation Application as described in Section 8.4.1.5, Owest will perform a feasibility study to determine if adequate space can be found for the placement and operation of CLEC's terminations within the Wire Center. The feasibility study will be provided within ten (10) Days from date of receipt of a complete Collocation Application. As part of the feasibility study, April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 135 Section 8 Collocation Owest will also notify CLEC of any known circumstance that may delay delivery of the ordered Collocation space and related facilities. CLEC may submit an ICDF forecast in accordance with Section 8.4.1.4. The forecast shall include demand by DSO, DS1 and DS3 capacities that will be terminated on the Interconnection Distribution Frame by Owest on behalf of CLEC. Such forecasts shall be used by Owest to determine the sizing of required tie cables and the terminations on each Interconnection Distribution Frame as well as the various other frames within the Owest Wire Center. 8.4.4.1.1 If Owest determines that the Collocation Application is not complete, Owest shall notify CLEe of any deficiencies within ten (10) Days of the Collocation Application. Owest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) Days after being advised of the deficiencies. 8.4.4.2 Ouotation -- If space is available, Owest will develop a quotation for the supporting structure. Owest will complete the quotation within twenty-five (25) Days of providing the feasibility study. ICDF Collocation price quotations will be honored for thirty (30) Days from the date the quotation is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.4.3 Acceptance -- Upon receipt of a complete Collocation Acceptance, as described in Section 8.4.1.6, space will be reserved and construction by Owest will begin. 8.4.4.4 Interval - The interval for ICDF Collocation shall vary depending upon two (2) factors - 1) whether the request was forecasted in accordance with 8.4.1.4 or the space was reserved, in accordance with Section 8.4.1.7 and 2) whether CLEC provides its Acceptance within seven (7) Days of the quotation. When Owest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below, Owest shall use its best efforts to minimize the extension of the intervals beyond such standard intervals. 8.4.4.4.1 Forecasted Applications with Timely Acceptance - If a Premises is included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance within seven (7) Days of receipt of the Owest Collocation quotation, Owest shall complete its installation of the Collocation arrangement within forty-five (45) Days of the receipt of the complete Collocation Application. 8.4.4.4.2 Forecasted Applications with Late Acceptance - If a Premises is included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance more than seven (7) Days but less than thirty (30) Days after receipt of the Owest Collocation quotation, Owest shall complete its installation of the Collocation arrangement within forty-five (45) Days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) days after receipt of the Owest quotation, the Collocation Application shall be resubmitted by CLEC. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 136 Section 8 Collocation 8.4.4.4.3 Unforecasted Applications with Timely Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application, and if CLEC provides a complete Acceptance within seven (7) Days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within ninety (90) Days of the receipt of the complete Collocation Application. This interval may be lengthened if space must be reclaimed or reconditioned. The need for an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for an extended interval, in which case Qwest must request a waiver from the Commission. 8.4.4.4.4 Unforecasted Applications with Late Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) Days prior to submission of the Collocation Application and if CLEC provides a complete Acceptance more than seven (7) Days but less than thirty (30) Days after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within ninety (90) Days of the receipt of the complete Collocation Acceptance. This interval may be lengthened if space must be reclaimed or reconditioned. The need for an extended interval shall be provided to CLEC as a part of the quotation. CLEC may dispute the need for an extended interval, in which case Qwest must request a waiver from the Commission. 8.4.5 Ordering - Adjacent Collocation 8.4.5.1 If space for Physical Collocation in a particular Qwest Premises is not available at the time of CLEC's request, CLEC may request Qwest to conduct a feasibility study for Adjacent Collocation for that Premises site. Qwest recommends that Qwest and CLEC conduct a joint site visit of such Premises to determine if suitable arrangements can be provided on Qwests property. Qwest will make available, within ten (10) business days, drawings of the Qwest physical structures above and oelow ground for the requested Adjacent Collocation site. 8.4.5.2 If a new structure is to be constructed, the interval shall be developed on an Individual Case Basis, to account for the granting of permits or Rights of Way (ROW), if required, the provision of Collocation services by Qwest, in accordance with CLEC's Collocation Application, and the construction by CLEC of the adjacent structure. If CLEC disputes the interval proposed by Qwest, Qwest must promptly petition the Commission for approval of such disputed intervaL. 8.4.5.3 If Adjacent Collocation is provided within an existing Qwest Premises, the ordering procedures and intervals for Physical Collocation shall apply. 8.4.6 Ordering - Remote Collocation and Adjacent Remote Collocation 8.4.6.1 The ordering procedures and intervals for Physical Collocation or Virtual Collocation shall apply to Remote Collocation, and to Adjacent Remote Collocation provided within an existing Qwest Premises, except Sections 8.4.3.4.3 and 8.4.3.4.4. Remote Collocation and Adjacent Remote Collocation are ordered using the Remote Collocation Application Form. 8.4.6.2 If space for Physical Collocation or Virtual Collocation in a particular April 15, 2008/lhd/XO Communications/ID/AgreementNumber CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 137 Section 8 Collocation Owest Remote Premises is not available at the time of CLEC's request, CLEC may order Adjacent Remote Collocation using the ordering procedures described above for Adjacent Collocation in Sections 8.4.5.1 and 8.4.5.2. 8.4.7 Ordering - CLEC to CLEC Connections 8.4.7.1 Application -- Upon receipt of the applicable portions of a complete Collocation Application as described in Section 8.4.1.5 (Subsections a, e, hand j). Owest will perform a feasibility study to determine if adequate cable racking can be found for the placement of CLEC's copper, coax, or fiber optic cable, or any other Technically Feasible method used to interconnect CLEC's collocated equipment that is in separate locations in the same Owest Premises, or to another CLEC's equipment in the same Premises. The feasibility study will be provided within ten (10) Days from date of receipt of a complete Collocation Application. 8.4.7.1.1 If Owest determines that the Collocation Application is not complete, Owest shall notify CLEC of any deficiencies within ten (10) Days of the Collocation Application. Owest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) Days after being advised of the deficiencies. 8.4.7.2 Ouotation -- If existing cable racking is available, Owest will provide CLEC with a quotation and the specific cable rack route to CLEC with the feasibility study. If additional cable racking is required to accommodate CLEC's request, Owest shall provide a feasibility and quotation to CLEC no later than ten (10) Days of receipt of Collocation Application. CLEC-to-CLEC Connection quotations will be honored for thirty (30) Days from the date the quotation is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.7.3 Acceptance -- There are two (2) forms of Acceptance for CLEC-to-CLEC Connections: 8.4.7.3.1 CLEC-to-CLEC connections with existing cable rack. - CLEC must submit payment of one hundred percent (100%) of the quoted nonrecurring charges with its Acceptance. Upon receipt of a complete Collocation Acceptance, CLEC may begin placement of its copper, coax, or fiber cables along the Owest designated cable rack route. Recurring charges will begin with CLEC Acceptance. 8.4.7.3.2 CLEC-to-CLEC Connections using new cable rack. - Upon receipt of a complete Acceptance from CLEC, as described in Section 8.4.1.6, Owest will begin construction of the new cable rack. 8.4.7.4 Interval - Pursuant to Section 8.4.7.3.2, the construction interval for CLEC-to-CLEC Connections requiring the construction of new cable rack by Owest shall be within sixty (60) Days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) Days after receipt of the Owest quotation, the Collocation Application shall be resubmitted by CLEC. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 138 Section 8 Collocation 8.4.8 Ordering - Direct Connections 8.48.1 Application - Where Direct Connection is requested in a Wire Center where CLEC already has established Collocation, upon receipt of the applicable portions of a complete Collocation Application as described in Section 8.4.1.5 (Subsections a,è, hand j), Qwest will perform a feasibility study to determine if adequate cable racking can be found for the placement of copper, coax, or fiber optic cable, or any other Technically Feasible method, used for Direct Connection (as described in Section 8.3.1.11.2). The feasibility study will be provided within ten (10) Days from date of receipt of a complete Collocation Application. 8.4.8.1.1 If Qwest determines that the Collocation Application is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) Days of the Collocation Application. Qwest shall provide suffcient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) Days after being advised of the deficiencies. 8.4.8.2 Quotation ~ If existing cable racking is available, Qwest will provide CLEC with a quotation and the specific cable rack route with the feasibility study. If additional cable racking is required to accommodate CLEC's request, Qwest shall provide a quotation to CLEC no later than ten (10) Days after receipt of a complete Collocation Application. Direct Connection quotations will be honored for thirty (30) Days from the date the quotation is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 8.4.8.3 Acceptance - There are two (2) forms of Acceptance for Direct Connection: 8.4.8.3.1 Direct Connection with existing cable rack. - CLEC must submit payment of one hundred percent (100%) of the quoted nonrecurring charges with its acceptance notification. 8.4.8.3.2 Direct Connection using new cable rack. ~ Upon receipt of a complete Acceptance fromCLEC, as described in Section 8.4.1.6, Qwest will begin construction of the new cable rack. 8.4.8.4 Interval ~ The construction interval for Direct Connections shall be dependent upon whether the Direct Connection is to the COSMICTM frame requiring a MELDTM run and/or if new cable racking is required. 8.4.8.4.1 If CLEC provides a complete Acceptance within thirty (30) Days of receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Direct Connection above the DSO level where no new cable racking is required within thirty (30) Days of the receipt of the complete Collocation Acceptance. If Direct Connection is required at the DSO level, to the COSMICTM, or if new cable racking needs to be installed, Qwest will provision the direct trunking within sixty (60) Days of the receipt of the complete Collocation Acceptance. April 15, 2008/lhd/XO Communications/I 0/ Agreement Number COS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 139 Section 8 Collocation 8.4.9 Ordering - Facilty Connected (FC) Collocation 8.4.9.1 \ Application - Upon receipt of a complete Collocation Application as described in Section 8.4.1.5, Owest will perform a feasibility study. The feasibility study will be provided within ten (10) Days of receipt of a complete Collocation Application. As part of the feasibility study, Owest will also notify CLEC of any known circumstance that may delay delivery of the ordered Collocation space and related facilities. 8.4.9.1.1 If Owest determines that the Collocation Application is not complete, Owest shall notify CLEC of any deficiencies within ten (10) Days of the Collocation Application. Owest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cure any deficiencies in its Collocation Application and resubmit the Collocation Application within ten (10) Days after being advised of the deficiencies. 8.4.9.2 Ouotation - If Collocation Entrance Facilities and space are available, Owest will develop a price quotation within twenty-five (25) Days of providing the feasibility study. Facility Connected Collocation price quotations will be honored for thirty (30) Days from the date the quotation is provided. During this period, the Collocation Entrance Facility and space are reserved pending CLEC's Acceptance of the quoted charges. 8.4.9.3 Acceptance - Upon receipt of a complete Collocation Acceptance, as described in Section 8.4.1.6, space will be reserved and construction by Owest will begin. 8.4.9.4 Interval - The interval for FC Collocation shall vary depending based on two (2) factors - 1) whether CLEC provides its Acceptance within seven (7) Days of receipt of the quotation; and 2) whether CLEC delivers its Entrance Facility to Owests C- POI in a timely manner, which shall mean within fifty-three (53) Days of the receipt of the complete Collocation Application. Owest will provide FC Collocation ninety (90) Days from receipt of a complete Collocation Application with timely Acceptance of the quotation by CLEC. With late Acceptance of the quotation by CLEC, Owest will provide FC Collocation ninety (90) Days from Acceptance. CLEC must have its Entrance Facility at the C-POI no later than fifty-three (53) Days after Owest receives the complete Collocation Application. If CLEC's Entrance Facility is not completed to the C-POI within fifty-three (53) Days after receipt of the complete Collocation Application, Owest shall complete the FC Collocation within forty-five (45) Days of the completion and availability of CLEC's Entrance Facility at the C-POI. 8.5 Biling 8.5.1 Billng - All Collocation 8.5.1.1 Upon completion of the Collocation construction activities and payment of the remaining nonrecurring balance, Owest will provide CLEC a completion package that will initiate the recurring Collocation charges. Once this completion package has been signed by CLEC and Owest, and Owest has received the final fifty percent (50%) balance, Owest will activate CLEC transport services and/or UNEs or ancillary services coincident with completion of the Collocation. April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 140 Section 8 Collocation 8.5.1.2 In the event Owest has completed all associated construction activities and CLEC has not completed its associated activities (e.g., delivering fiber to the C-POI, or providing the equipment cables for connecting to the Interconnection Distribution Frame), Owest will bill an adjusted amount of the remaining nonrecurring balance, close the job, and begin Billing the monthly recurring rent charge. In those instances where the job is delayed due to CLEC not having its fiber to the POI, Owest will request the balance due minus the dollar amount specific to this work activity, and begin Billing the monthly recurring rent charge. Once CLEC has completed fiber placement, CLEC can request Owest to return and complete the splicing activity at the rate reflected in this Agreement. In the case of missing equipment cables, CLEC will be responsible for installing the cables if not delivered at job completion. The installation activity must be conducted by a Owest approved vendor and follow the designated racking route. Final test and turn-up will be performed under the Maintenance and Repair process contained herein. 8.5.2 Billng - Virtual Collocation 8.5.2.1 Virtual Collocation will be considered complete when the Premises is Ready for Service (RFS). Cooperative testing between CLEC and Owestmay be negotiated and performed to ensure continuity and acceptable transmission parameters in the facility and equipment. 8.5.3 Billng - Caged and Cageless Physical Collocation 8.5.3.1 Payment for the remaining nonrecurring charges shall be upon the RFS date. Upon completion of the construction activities and payment of the remaining nonrecurring charges, Owest will schedule a walk through of the space with CLEC. During this joint walk through, Owest will turn over access to the space and provide security access to the Premises. Upon completion of the acceptance walk through, CLEC will be provided the Caged or Cageless Physical Collocation completion package (i.e., all ordering information). The monthly Billing for leased space, DC power, Entrance Facility, and other associated monthly charges will commence with CLEC sign off on the completion of the physical space. CLEC may then proceed with the installation of its equipment in the Collocation space, unless early access has been arranged pursuant to Section 8.2.3.7. If Owest, despite its best efforts, including notification through the contact number on the Collocation Application, is unable to schedule the walk through with CLEC within twenty-one (21) Days of the RFS, Owest shall activate the monthly recurring charges. 8.6 Maintenance and Repair 8.6.1 Virtual Collocation 8.6.1.1 Maintenance Labor, Inspector Labor, Engineering Labor and Equipment Labor business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm (local time) and after business hours are after 5:00 pm and before 8:00 am (local time), Monday through Friday, all day Saturday, Sunday and holidays. 8.6.1.2 Installation and maintenance of CLEC's virtually collocated equipment will be performed by Owest or a Owest authorized vendor. April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 141 Section 8 Collocation 8.6.1.3 Upon failure of CLEC's virtually collocated equipment, Qwest will promptly notify CLEC of such failure and the corrective action that is needed. Qwest will repair such equipment within the same time periods and with failure rates that are no greater than those that apply to the performance of similar functions for comparable equipment of Qwest. CLEC is responsible for transportation and delivery of maintenance spares to Qwest at the Premises housing the failed equipment. CLEC is responsible for purchasing and maintaining a supply of spares. 8.6.2 Physical Collocation 8.6.2.1 CLEC is responsible for the maintenance and repair of its equipment located within CLEC's leased space. 8.6.3 Interconnection Distribution Frame 8.6.3.1 CLEC is responsible for block and jumper inventory and maintenance at the Interconnection Distribution Frame and using industry accepted practices for its terminations. Additionally, CLEC is responsible for having jumper wire and tools for such operations. Qwest is responsible for the overall repair and maintenance of the frame; including horizontal and vertical mounting positions, cable raceways, rings, and troughs, and general housekeeping of the frame. 8.6.4 Adjacent Collocation and Adjacent Remote Collocation 8.6.4.1 CLEC is responsible for the maintenance and repair of its equipment located within CLEC's Adjacent Collocation and Adjacent Remote Collocation space. 8.6.5 Facilty Connected (FC) Collocation 8.6.5.1 Qwest will be responsible for all Maintenance and Repair of FC Collocation facilities from the C-POI into and within the Wire Center, and for the associated Interconnection, ancillary services, and Finished Services terminated on the FC Collocation blocks or panels. CLEC does not have physical access to the Wire Center for FC Collocation. 8.6.6 Splitter Collocation 8.6.6.1 When Splitters are installed in Qwest Wire Centers via Common Area Splitter Collocation, CLEC will order and install additional Splitter cards as necessary to increase the capacity of the Splitters. CLEC will leave one (1) unused, spare Splitter card in every shelf to be used for Maintenance and Repair until such time as the card must be used to fill the shelf to capacity. 8.6.6.2 When Splitters are installed in Qwest Wire Centers via standard Collocation arrangements, CLEe may install test access equipment in its Collocation areas in those Wire Centers for the purpose of testing Shared Loops. This equipment must meet the requirements for Central Offce equipment set by the FCC in its March 31, 1999 Order in CC Docket No. 98-147. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 142 Section 9 Unbundled Network Elements SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS 9.1 General Terms 9.1.1 Changes in law, regulations or other "Existing Rules" relating to Unbundled Network Elements (UNEs), including additions and deletions of elements Qwest is required to unbundle and/or provide in a UNE Combination, shall be incorporated into this Agreement by amendment pursuant to Section 2.2. CLEC and Qwest agree that the UNEs identified in Section 9 are not exclusive and that pursuant to changes in FCC rules, the Bona Fide Request Process, or Special Request Process (SRP), CLEC may identify and request that Qwest furnish additional or revised UNEs to the extent required under Section 251 (c)(3) of the Act. Failure to list a UNE herein shall not constitute a waiver by CLEC to obtain a UNE subsequently defined by the FCC. 9.1.1.1 UNEs shall only be obtained for the provision of Telecommunications Services, which do not include telecommunications utilized by CLEC for its own administrative use. 9.1.1.2 CLEC may not access UNEs for the exclusive provision of Mobile Wireless Services or Interexchange Services ("Interexchange Service" means telecommunications service between stations in different exchange areas. Cf. Modification of Final Judgment, § IV(K), reprinted in United States v. Am. Tel. & Tel. Co., 552 F. Supp. 131,229 (D.D.C. 1982) (defining "interexchange telecommunications" as "telecommunications between a point or points located in one exchange telecommunications area and a point or points located in one or more other exchange areas or a point outside an exchange area"). 9.1.1.3 If CLEe accesses and uses a UNE consistently with Section 9.1.2, CLEC may provide any Telecommunications Services over the same UNE. 9.1.1.4 To submit an order to obtain a high capacity Loop or transport UNE, CLEC must undertake a reasonably diligent inquiry and, based on that inquiry, self-certify that, to the best of its knowledge, its request is consistent with the requirements discussed in Sections IV, V, and VI of the Triennial Review Remand Order and that it is therefore entitled to unbundled access to the particular Network Elements sought pursuant to Section 251 (c)(3) of the Act. As part of such reasonably diligent inquiry, CLEC shall ensure that a requested unbundled DS1 or DS3 Loop is not in a Wire Center identified on the list provided by Qwest of Wire Centers that meet the applicable non-impairment thresholds as specified in Section 9.2, and that a requested unbundled DS1, DS3 and/or dark fiber transport circuit UNE is not between Wire Centers found identified on the list of Wire Centers that meet the applicable non-impairment threshold as specified in Section 9.6. 9.1.1.4.1 Upon receiving a request for access to a dedicated transport or high-capacity loop UNE that indicates that the UNE meets the relevant factual criteria discussed in sections V and VI of the Triennial Review Remand Order, Qwest must immediately process the request if the UNE is in a location that does not meet the applicable non-impairment thresholds as specified in Section 9.2 or Section 9.6. To the extent that Qwest seeks to challenge any other such UNEs, it subsequently can raise that issue through the dispute resolution procedures provided for in this Agreement. 9.1.1.4.2 Intentionally Left Blank April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 143 Section 9 Unbundled Network Elements 9.1.1.4.3 Additional Non-Impaired Wire Centers. When Owest files a request(s) to add additional Wire Center(s) to the Owest Non-impaired Wire Center list, Owest will follow the procedures for making such requests as agreed to by Owest and certain CLECs in the Multi-state Settlement Agreement Regarding Wire Center Designations and Related Issues on June 20, 2007. If the Commission approves the Wire Center(s) as non-impaired, fifteen (15) Days after Commission-approval CLEC will no longer order impacted High Capacity Loops, high capacity transport UNEs and Dark Fiber Dedicated Transport UNEs in (for loops) or between (for transport) those Non-impaired Wire Centers. Owest and CLEC will work together to identify those circuits impacted by such change. 9.1.1.4.3.1 Designations. Length of Transition Period for Additional Non-Impairment 9.1.1.4.3.1.1 When the Commission approves additional DS 1 and DS3 loop or high capacity transport UNE non-impairment designations as described in Section 9.1.1.4.3, CLEC will have ninety (90) days from the effective date of the order in which the Commission approves the addition to the Owest Non-impaired Wire Center list to transition the applicable Non-Impaired Facilities to an alternative service. 9.1.1.4.3.1.2 When the Commission approves additional Dark Fiber transport non-impairment Designations as described in Section 9.1.1.4.3, CLEC will have one-hundred and-'eighty (180) days from the effective date of the order in which the Commission approves the addition to the Owest Non-impaired Wire Center list to transition to an alternative arrangement. Owest and CLEC will work together to identify those circuits impacted by such a change. 9.1.1.4.3.2 Rate During Transition Period for Additional Non- Impairment Designations. 9.1.1.4.3.2.1 For a ninety (90) day period beginning on the effective date on which the Commission approves an addition to the Owest Non- impaired Wire Center list, any DS1 Loop UNEs, DS3 Loop UNEs, DS1 Dedicated Transport UNEs, and DS3 Dedicated Transport UNEs that CLEC leases from Owest as of that date, but which Owest is not obligated to unbundle, shall be available for lease from Owest at a rate equal to 115% of the UNE rates applicable as of the effective date on which the Commission adds the Wire Center to the Owest Non-impaired Wire Center list. 9.1.1.4.3.2.2 For a one-hundred and eighty (180) day period beginning on the effective date on which the Commission approves an addition to the Owest Non-impaired Wire Center list, any Dark Fiber Dedicated Transport UNEs that CLEC leases from Owest as of that date, but which Owest is not obligated to unbundle, shall be available for lease from Owest at a rate equal to to 115% of the UNE rates applicable as of the effective date on which the Commission adds the Wire Center to the Owest Non-impaired Wire Center list. April 15, 200811hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 144 Section 9 Unbundled Network Elements 9.1.1.4.3.2.3 The 115% rate described in Sections 9.1.1.4.3.2.1 and 9.1.1.4.3.2.2 will be applied to CLEC bills on the following bill cycle, and may be applied as a manual adjustment. Any manual bill adjustment for the time period for which the facilities were in place will be applied to each account based on the Billing Telephone Number (BTN) and/or Circuit (CKT) identification number per Billing Account Number (BAN) with an effective bill date as of the effective date on which the Commission adds the Wire Center to the Qwest Non-impaired Wire Center list. 9.1.1.4.3.2.4 For high capacity loops and high capacity transport UNE transitions, Qwest will assess the non-recurring charge contained in the appropriate Tariff. No additional non-recurring charges apply for the transition, other than ass non-recurring charges if applicable. Qwest shall not impose any recurring or nonrecurring ass charges unless and until the Commission authorizes Qwest to impose such charges and/or approves applicable rates at the completion of appropriate cost docket proceedings. 9.1.1.4.3.2.4.1 When Qwests tariff rate exceeds $25, Qwest will provide a clearly identified lump sum credit within three (3) billing cycles that results in an effective net non-recurring charge of $25. This lump sum credit applies until July 31, 2010. 9.1.1.5 If it is determined that CLEC's access to or use of UNEs is inconsistent with the Existing Rules, except due to change of ,law, CLEC has thirty (30) Days to submit an order with a standard interval to disconnect such UNEs or convert such UNEs to alternate service arrangements and CLEC is subject to back billing f9r the difference between rates for the UNEs and rates for the Qwest alternate service arrangements. CLEC is also responsible for all nonrecurring charges associated with such conversions. 9.1.1.6 Intentionally Left Blank. 9.1.1.7 To the extent it is Technically Feasible, CLEC may Commingle Telecommunications Services purchased on a resale basis with an Unbundled Network Element or combination of Unbundled Network Elements. Notwithstanding the foregoing, the following are not available for resale Commingling: a) Non-telecommunications services; b) Enhanced or Information services; c) Features or functions not offered for resale on a stand-alone basis or separate from basic Exchange Service; and d) Network Elements offered pursuant to Section 271. 9.1.1.8 CLEC may Commingle UNEs and combinations of UNEs with wholesale services and facilities (e.g., switched and special access services offered pursuant to Tariff), and request Qwest to perform the necessary functions to provision such Commingling. CLEC will be required to provide the CFA (Connecting Facility April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 145 Section 9 Unbundled Network Elements Assignment) of CLEC's network demarcation (e.g., Collocation or multiplexing facilities) for each UNE, UNE Combination, or wholesale service when requesting Owest to perform the Commingling of such services. Owest shall not deny access to a UNE on the grounds that the UNE or UNE Combination shares part of Owests network with access services. 9.1.1.8.1 When a UNE and other service are Commingled, the service interval for each facility being Commingled will apply only as long as a unique provisioning process is not required for the UNE or service due to the Commingling. Performance measurements and\or remedies do not apply to the, total Commingled arrangement but do apply to each facility or service ordered within the Commingled arrangement. Work performed by Owest to provide Commingled services that are not subject to standard provisioning intervals will not be subject to performance measures and remedies, if any, contained in this Agreement or elsewhere, by virtue of that service's inclusion in a requested Commingled service arrangement. Provisioning intervals applicable to services included within a requested Commingled service arrangement will not begin to run until CLEe provides a complete and accurate service request and necessary CFAs to Owest and until Owest completes work required to perform the Commingling that is in addition to work required to provision the service as a stand-alone facility or service. 9.1.1.8.2 Owest will not combine or Commingle services or Network Elements that are offered by Owest solely pursuant to Section 271 of the Communications Act of 1934, as amended, with Unbundled Network Elements or- combinations of Unbundled Network Elements. 9.1.1.8.3 Services are available for Commingling only in the manner in which they are provided in Owests applicable product Tariffs, catalogs, price lists, or other Telecommunications Services offerings. 9.1.1.8.3.1 Entrance Facilities and mid-span meet SPOI obtained pursuant to Section 7 of this Agreement are not available for Commingling. 9.1.1.9 Ratcheting. To the extent that a Owest-provided circuit or facility includes a mix of UNEs and other services, that mixed-use facility shall be ordered and billed in accordance with Owests Tariff or other resale provisions of this Agreement. Such mixed-use circuits or facilities shall not be ordered or billed as Unbundled Network Elements. Owest shall not be required to bill for such mixed use circuits or facilities at blended or multiple rates, otherwise known as ratcheting. Instead, CLEC shall be assessed the tariffed or resale rate, as appropriate, for the Commingled service. 9.1.1.9.1 To the extent a multiplexed facility is included in a Commingled circuit then: (1) the multiplexed facility will be ordered and billed at the UNE rate if and only if all circuits entering the multiplexer are qualifying circuits and (2) in all other situations the multiplexed facility will be ordered and billed pursuant to the appropriate Tariff. 9.1.1.10 Service Eligibility Criteria. The following Service Eligibility Criteria apply to combinations and/or Commingling of high capacity (OS1 and OS3) Loops and April 15, 2008/1hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 146 Section 9 Unbundled Network Elements interoffice transport (high capacity EELs). This includes new UNE EELs, EEL conversions (including commingled EEL conversions), or new commingled EELs (e.g., high capacity loops attached to special access transport). 9.1.1.10.1 Except as otherwise provided in this Section 9.1.1.10, Qwest shall provide access to Unbundled Network Elements and Combinations of Unbundled Network Elements without regard to whether CLEC seeks access to the Unbundled Network Elements to establish a new circuit or to convert an existing circuit from a service to Unbundled Network Elements. 9.1.1.10.2 CLEC must certify that the following Service Eligibility Criteria are satisfied to: (1) convert a special access circuit to a high capacity EEL, (2) to obtain a new high capacity EEL; or (3) to obtain at UNE pricing any portion of a Commingled circuit that includes a high capacity Loop and transport facility or service. Such certification shall be in accordance with all of the following Sections. 9.1.1.10.2.1 State Certification. CLEC has received state certification to provide local voice service in the area being served or, in the absence of a state certification requirement, has complied with registration, tariffing, filing fee, or other regulatory requirements applicable to the provision of local voice service in that area. 9.1.1.10.2.2 Per Circuit Criteria. The following criteria are satisfied for each combined Gircuit, including each DS1 circuit, each DS1 EEL, and each DS1-equivalent circuit on a DS3 EEL: 9.1.1.10.2.3 Telephone Number Assignment. Each circuit to be provided to each customer will be assigned a local telephone number prior to the provision of service over that circuit. This requires that each DS1 circuit must have at least one local telephone number and each DS3 circuit has at least twenty-eight (28) local telephone numbers. The origination and termination of local voice traffic on each local telephone number assigned to a circuit shall not include a toll charge and shall not require dialing special digits beyond those normally required for a local voice call. CLEC will provide local telephone number assignments by circuit; 9.1.1.10.2.4 911 or E911. Each circuit to be provided to each customer will have 911 or E911 capability prior to the provision of service over that circuit. 9.1.1.10.2.5 Collocation. CLEC will provide evidence that each circuit terminates in a Collocation arrangement by providing the associated CFA. In addition: a) Each circuit to be provided to each customer wil terminate in a Collocation arrangement that is established pursuant to Section 251 (c)(6) of the Act and located at Qwests Premises within the same LATA and state as the customer's premises, April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 147 Section 9 Unbundled Network Elements when Owest is not the col locator, and cannot be at an interexchange Carrier POP or ISP POP location; b) Each circuit to be provided to each customer will terminate in a Collocation arrangement that is located at the third party's premises within the same LATA and state as the customer's premises, when Owest is the collocator; and c) When a OS1 or OS3 EEL Loop is connected to a multiplexed facility, the multiplexed facility must be terminated in a Collocation arrangement that is established pursuant to Section 251 (c)(6) of the Act and located at Owests Premises within the same LATA and state as the customer's premises, when Owest is not the collocator, and cannot be at an Interexchange Carrier POP or ISP POP location. 9.1.1.10.2.6 Interconnection Trunking. CLEC must arrange for the meaningful exchange of traffic, which must include hand-offs of local voice calls that flow in both directions. Those arrangements that do not include two way LIS trunks cannot be attributed towards satisfaction of this criterion. CLEC will identify the Interconnection Trunk(s) satisfying this criterion. At a minimum, each OS1 circuit must be served by a OS-O equivalent LIS trunk in the same LATA and state as the customer served by the circuit. For each twenty-four OS1 circuits, CLEC must maintain at least one active OS 1 LIS trunk in the same LATA and state as the customer served by the circuit. 9.1.1.10.2.6.1 Calling Party Number. Each circuit to be provided to each customer will be served by an Interconnection trunk over which CLEC will transmit the Calling Party Number in connection with calls exchanged over the trunk. For each twenty- four (24) OS1 EELs or other facilities having equivalent capacity, CLEC will have at least one (1) active OS1 LIS trunk over which CLEC will transmit the Calling Party Number in connection with caljs exchanged over the trunk. If the Calling Party Number is not exchanged over an Interconnection trunk, that trunk shall not be counted towards meeting these criteria. 9.1.1.10.2.7 End Offce Switch - Each circuit to be provided to each customer will be served by an End Offce Switch capable of switching local voice traffic. CLEC must certify that the switching equipment is either registered in the LERG as a Class 5 Switch or that it can switch local voice traffic. CLEC will provide written documentation of the Switch type and CLLI code for the Switch satisfying this criterion. 9.1.1.10.3 CLEC must provide certification to Owest through a certification letter, or other mutually agreed upon communication, that each individual high capacity loop in combination, or Commingled, with a Owest-provided high capacity transport facility or service, meets the Service Eligibility Criteria set forth above before Owest will provision or convert the high capacity facility in combination or Commingled. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 148 Section 9 Unbundled Network Elements 9.1.1.10.4 ClEC's high capacity combination or Commingled facility Service Eligibility shall remain valid only so long as ClEC continues to meet the Service Eligibility Criteria set forth above. If ClEC's Service Eligibility on a given high capacity combination or Commingled facility is no longer valid, ClEC must submit a service order converting the facility to the appropriate private line/special access service within thirty (30) Days. 9.1.1.10.5 Service Eligibility Audits. In order to confirm reasonable compliance with these requirements, Qwest may perform Service Eligibility Audits of ClEC's records. Service Eligibility Audits shall be performed in accordance with the following guidelines: 9.1.1.10.5.1 Qwest may, upon thirty (30) Days written notice to ClEC that has purchased high capacity combination and Commingled facilities, conduct a Service Eligibility Audit to ascertain whether those high capacity facilities were eligible for UNE treatment at the time of Provisioning or conversion and on an ongoing basis thereafter. 9.1.1.10.5.2 ClEC shall make reasonable efforts to cooperate with any Service Eligibility Audit by Qwest and shall maintain and provide Qwest with relevant records (e.g., network and circuit configuration data, local telephone numbers) which demonstrate that ClEC's high capacity combination and Commingled facilities meet the Service Eligibility Criteria. 9.1.1.10.5.3 An independent auditor hired and paid for by Qwest shall perform any service eligibility or Qualifying Service audits, provided, however, that if the independent auditor's report concludes that ClEC failed to comply in all material respects with the service eligibility criteria, ClEC must reimburse Qwest for the cost of the independent auditor. To the extent the independent auditor's report concludes that ClEC complied in all material respects with the service eligibility and Qualifying Service criteria, Qwest shall reimburse ClEC for its costs associated with the service eligibility or Qualifying Service audit. 9.1.1.10.5.4 An independent auditor must perform its evaluation in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA) and during normal business hours, unless there is a mutual agreement otherwise. 9.1.1.10.5.5 Qwest shall not exercise its Service Eligibility Audit rights with respect to ClEC (excluding Affiliates), more than once in any calendar year, unless an audit finds non-compliance. If a Service Eligibility Audit does find non-compliance, Qwest shall not exercise its Service Eligibility Audit rights for sixty (60) Days following that audit, and if any subsequent Service Eligibility Audit does not find non-compliance, then Qwest shall not exercise its Service Eligibility Audit rights for the remainder of the calendar year. 9.1.1.10.5.6 At the same time that Qwest provides notice of a Service Eligibility Audit to ClEC under this paragraph, Qwest shall send a copy of April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 149 Section 9 Unbundled Network Elements the notice to the Federal Communications Commission. 9.1.1.10.5.7 Service Eligibility Audits conducted by Owestfor the purpose of determining compliance with Service Eligibility Criteria shall not effect or in any way limit any audit or Dispute Resolution rights that Owest may have pursuant to other provisions of this Agreement. 9.1.1.10.5.8 Owest shall not use any other audit rights it may have under this Agreement to audit for compliance with the Service Eligibility Criteria of this Section. Owest shall not require a Service Eligibility Audit as a prior prerequisite to Provisioning combination and Commingled facilities. 9.1.1.10.5.9 CLEC shall maintain appropriate records to support its Service Eligibility Criteria. However, CLEC has no obligation to keep any records that it does not keep in the ordinary course of its business. 9.1.1.10.5.10 If a Service Eligibility Audit demonstrates that a high capacity combination and Commingled facilities do not meet the Service Eligibility Criteria above, the CLEC must convert all non-compliant circuits to private line/special access circuits and CLEC must true-up any difference in payments within thirty (30) days. 9.1.2 Owest shall provide non-discriminatory access to Unbundled Network Elements on rates, terms and conditions that are non-discriminatory, just and reasonable. The quality of an Unbundled Network Element Owest provides, as well as the access provided to that element, will be equal between all Carriers requesting access to that element; where Technically Feasible, the access and Unbundled Network Element provided by Owest will be provided in "substantially the same time and manner" as Owest provides to itself or to its Affiliates. In those situations where Owest does not provide access to Network Elements to itself, Owest will provide access in a manner that provides CLEC with a meaningful opportunity to compete. For the period of time Owest provides access to CLEC to an Unbundled Network Element, CLEC shall have exclusive use of the Network Element, except when the provisions herein indicate that a Network Element will be shared. Notwithstanding the foregoing, Owest shall provide access and UNEs at the service performance levels set forth in Section 20. Notwithstanding specific language in other sections of this Agreement, all provisions of this Agreement regarding Unbundled Network Elements are subject to this requirement. In addition, Owest shall comply with all state wholesale service quality requirements. 9.1.2.1 If facilities are not available, Owest will build facilities dedicated to an customer if Owest would be legally obligated to build such facilities to meet its Provider of Last Resort (POLR) obligation to provide basic local Exchange Service or its Eligible Telecommunications Carrier (ETC) obligation to provide primary basic local Exchange Service. CLEC will be responsible for any construction charges for which an end user customer would be responsible. In other situations, Owest does not agree that it is obligated to build UNEs, but it will consider requests to build UNEs pursuant to Section 9.19 of this Agreement. 9.1.2.1.1 Upon receipt of an LSR or ASR, Owest will follow the same process that it would follow for an equivalent retail service to determine if assignable facilities exist that fit the criteria necessary for the service requested. If available April 15, 2008/lhd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 150 Section 9 Unbundled Network Elements facilities are not readily identified through the normal assignment process, but facilities can be made ready by the requested Due Date, CLEC will not receive an additional FOC, and the order Due Date will not be changed. Qwest will determine, for example, whether, through Routine Network Modifications, facilities can be made available. If facilities can be made available, Qwest must perform the applicable Routine Network Modifications, or other facility work to make them available, before issuing a response to a CLEC order that construction is required because no facilities are available. 9.1.2.1.2 If cable capacity is available, Qwest will complete incremental facility work (i.e., conditioning, place a drop, add a Network Interface Device, and other routine network modifications as described below) in order to complete facilities to the end user customer's premises. 9.1.2.1.2.1 Qwest shall make all routine network modifications to unbundled Loop and transport facilities used by CLEC where the requested loop or transport facility has already been constructed. Qwest shall perform these routine network modifications to unbundled Loop or transport facilities in a non~discriminatory fashion, without regard to whether the Loop or transport facility being accessed was constructed on behalf, or in accordance with the specifications, of any carrier. 9.1.2.1.2.2 A routine network modification is an activity that Qwest regularly undertakes for its own retail customers. Routine network modifications include, but are not limited to, rearranging or splicing of cable (including rearrangement of existing pairs to include fiber hub counts and arrangement of existing pairs to extend the line); adding an equipment case; adding a doubler or repeater; adding a smart jack; installing a repeater shelf; adding a line card; deploying a new multiplexer or reconfiguring an existing multiplexer; and attaching electronic and other equipment that Qwest ordinarily attaches to a DS1 loop to activate such loop for its own retail customer. They also include activities needed to enable CLEC to light a dark fiber transport facility. Routine network modifications may entail activities such as accessing manholes, deploying bucket trucks to reach aerial cable, and installing equipment casings. Routine network modifications do not include the installation of new aerial or buried cable for CLEC. 9.1.2.1.3 During the normal assignment process, if no available facilities are identified for the UNE requested, Qwest will look for existing engineering job orders that could fill the request in the future. If an engineering job currently exists, Qwest will add CLEC's request to that engineering job and send CLEC a jeopardy notice. Upon completion of the engineering job, Qwest will send CLEC another FOC with a new Due Date. If facilities are not available and no engineering job exists that could fill the request in the future, Qwest will treat CLECs request as follows: 9.1.2.1.3.1 For UNEs that meet the requirements set forth in Section 9.1.2.1, CLEC will receive a jeopardy notice. Qwest will initiate an engineering job order for delivery of primary service to the customer. If an engineering job currently exists that includes the facilities desired by April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 151 Section 9 Unbundled Network Elements CLEC, Qwest will complete construction of the facilities at no charge to CLEC. If an engineering job currently exists that does not include the facilities desired by CLEC, Qwest will determine if the current job can be augmented. If so, Qwest will add CLEC's request to that engineering job and send CLEC a similar jeopardy notice. CLEC will be required to pay the additional costs pursuant to Section 9.19 only when its request to Augment adds cost to the engineering job. When the engineering job is completed, CLEC will receive another FOC identifying a new Due Date when the Loop will be ready for installation. Upon receipt of the second FOC, CLEC can request a different Due Date by submitting a supplemental order to change the Due Date to a later date. 9.1.2.1.3.2 For UNEs that do not meet the requirements in Section 9.1.2.1, Qwest will send CLEC a rejection notice canceling the LSR or ASR. Upon receipt of the rejection notice, CLEC may submit a request to build UNEs pursuant to Section 9.19 of this Agreement. 9.1.2.1.4 Qwest will provide CLEC notification of major Loop facility builds through the ICONN database. This notification shall include the identification of any funded outside plant engineering jobs that exceeds one hundred thousand dollars ($100,000) in total cost, the estimated Ready for Service Date, the number of pairs or fibers added, and the location of the new facilities (e.g., Distribution Area for copper distribution, route number for copper feeder,. and termination CLLI codes for fiber). CLEC acknowledges that Qwest does not warrant or guarantee the estimated Ready for Service Dates. CLEC also acknowledges that funded Qwest outside plant engineering jobs may be modified or cancelled at any time. 9.1.2.1.5 Qwest will make its retail build policy and reports of Qwests actual builds undertaken pursuant to that policy, available to CLEC upon written request. Upon receipt, CLEC will consider this information as confidential and conform to all aspects of Section 5.16 with respect to receipt of such information. 9.1.3 Notwithstanding any reference, definition or provision to the contrary, CLEC may provide any Technically Feasible data or voice Telecommunications Services allowed by law over any Loop or Loop portion of a UNE Combination, including without limitation, "voice" services over high frequency portions of any Loop or "data" services over any low frequency portion of any Loop, provided such services do nor interfere with "voice band" or "data band" transmission parameters in accordance with FCC rules as more particularly described in this Agreement. Any related equipment provided by CLEC to deliver Telecommunications Services contemplated by this section must comply with appropriate ANSI standards such as T1 .417 and T1.413.0ther references to the voice or voice band portion of the Loop in this Agreement will mean the low frequency portion of the Loop. 9.1.4 Qwest will provide a connection between Unbundled Network Elements and a Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). An ITP is required for each Unbundled Network Element or ancillary service delivered to CLEC. The ITP provides the connection between the Unbundled Network Element and the ICDF or other Central Offce Demarcation Point. The ITP is ordered in conjunction with a UNE. The charges for the ITP are contained in Exhibit A. The ITP may be ordered per termination. The Demarcation Point shall be: April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 152 Section 9 Unbundled Network Elements a) at CLEC-provided Cross Connection equipment located in CLEC's Virtual or Physical Collocation Space; or b) if CLEC elects to use ICDF Collocation, at the Interconnection Distribution Frame (ICDF); or c) if CLEC elects to use an ICDF in association with Virtual or Physical Collocation, at the ICDF; or d) if CLEC elects to use a direct connection from its Collocation space to the distribution frame serving a particular element, at the distribution frame; or e) at another Central Offce Demarcation Point mutually-agreed to by the Parties. 9.1.5 CLEC may connect Network Elements in any Technically Feasible manner. Owest will provide CLEC with the same features, functions and capabilities of a particular element or combinations of elements that Owest provides to itself. Owest will provide CLEC with all of the features and functionalities of a particular element or combination of elements (regardless of whether such combination of elements is ordered from Owest in combination or as elements to be combined by CLEC), so that CLEC can provide any Telecommunications Services that can be offered by means of such element or combination of elements. Owest will provide Unbundled Network Elements to CLEC in a manner that allows CLEC to combine such elements to provide any Telecommunications Services. Owest shall not in any way restrict CLEC's use of any element or combination of elements (regardless of whether such combination of elements is ordered from Owest in combination or as elements to be combined by CLEC) except as Owest may be expressly permitted or required by Existing Rules and this Agreement. 9.1.6 Except as set forth in Section 9.23, the UNE Combinations Section, Owest provides UNEs on an individual element basis. Owest will perform testing as described below. Charges, if any, for testing pursuant to this paragraph are contained in Exhibit A to this Agreement. 9.1.6.1 When elements are provisioned by Owest on an individual element basis (whether or not such elements are combined by CLEC with other elements provided by Owest or CLEC): a) Owest will perform testing necessary or reasonably requested by CLEC, to determine that such UNE is capable of meeting the technical parameters established for each UNE. b) Owest will repair and maintain such element to ensure that UNE continues to meet the technical parameters established for each UNE. CLEC is responsible for the end-to-end transmission and circuit functionality testing for UNE Combinations created by CLEC. c) Owest will cooperate with CLEC in any Technically Feasible testing necessary or reasonably requested by CLEC to assist in determining end-to-end transmission and circuit functionality of such UNE. 9.1.6.2 When elements are provisioned by Owest in combination with each other April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 153 Section 9 Unbundled Network Elements or in combination with other facilities or equipment provisioned by Qwest: a) Qwest will perform testing necessary or reasonably requested by ClEC to determine that such combination and each UNE included in such combination is capable of meeting the technical parameters of the combination. b) Qwest will repair and maintain such combination and each UNE included in such combination to ensure that such UNE continues to meet the technical parameters of the combination. c) Qwest will cooperate with ClEC in any Technically Feasible testing necessary or reasonably requested by ClEC to determine end-to-end transmission and circuit functionality of such combination. 9.1.7 Installation intervals for Unbundled Network Elements are contained in Exhibit C. 9.1.8 Maintenance and repair is described herein. The repair center contact telephone numbers are provided in the PCAT, which is located on the Qwest web site. 9.1.9 In order to maintain and modernize the network properly, Qwest may make necessary modifications and changes to the UNEs in its network on an as needed basis. Such changes may result in minor changes to transmission parameters. Network maintenance and modernization activities will not adversely affect the UNE provided to ClEC and will result in UNEtransmission parameters that are within transmission limits of the UNE ordered by ClEC. Qwest shall provide ClEC advance notice of network changes pursuant to applicable FCC_ rules, including changes that will affect (i) ClEC's performance or ability to provide service (ii) network Interoperability or (iii) the manner in which Customer Premises equipment is attached to the public network. Changes that affect network Interoperability include changes to local dialing from seven (7) to ten (10) digit, area code splits, and new area code implementation. FCC rules are contained in C.F.R. Parts 51 and 52. Qwest provides such disclosures on an Internet web site pursuant to applicable FCC rules. 9.1.10 Channel Regeneration. Qwests design will ensure the cable between the Qwest-provided active elements and the DSX will meet the proper signal level requirements. Channel regeneration will not be charged for separately for Interconnection between a Collocation space and Qwests network. Cable distance limitations are based on ANSI Standard T1.1 02-1993 "Digital Hierarchy - Electrical Interface; Annex B." 9.1.11 Recurring and nonrecurring charges apply for Unbundled Network Elements, as provided under "Rate Elements" subsections of this Section 9. 9.1.12 Miscellaneous Charges apply for miscellaneous services listed below in this Section, if such miscellaneous services are available with Unbundled Network Elements as provided under "Rate Elements" subsections of this Section 9. Miscellaneous services are provided at ClEC's request or are provided based on ClEC's actions that result in miscellaneous services being provided by Qwest. Miscellaneous Charges are in addition to recurring and nonrecurring charges that apply under this Agreement. When more than one miscellaneous service is requested for the same Unbundled Network Element(s), Miscellaneous Charges for each miscellaneous service apply. Basic rates apply for miscellaneous services provided during Qwests regular business hours, 8 a.m. to 5 p.m., local time, Monday through Friday, excluding holidays; overtime Miscellaneous Charges apply for such services provided April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 3D, 2007 154 Section 9 Unbundled Network Elements between 5 p.m. and 8 a.m., local time, Monday through Friday, or any time Saturday, excluding holidays; and premium Miscellaneous Charges apply for such services provided any time on Sundays or holidays. a) Additional engineering - engineering work including: 1) additional technical information after Owest has already provided the technical information normally on the design layout record; 2) customized service; or 3) review of Owest outside plant records. Basic or overtime rates apply. b) Additional labor - installation - installation work scheduled to be performed outside of Owests regular business hours. Overtime or premium rates apply. c) Additional labor - other - work not included in "additional labor - installation" above that involves labor only, including testing and maintenance that are not part of initiallyrequested installation or maintenance, or, for example, for Optional Testing when CLEC reports trouble and provides no test results and authorizes Owest to perform tests on CLEC's behalf. Basic, overtime, or premium rates apply. d) Additional cooperative acceptance testing - performing specific tests requested by CLEC. Owests participation in such testing is subject to the availability of necessary qualified Owest personnel and test equipment at test locations, which normally include the Owest Central Office and may include CLEC's specified location. Tests include, but are not limited to, loop back, attenuation, intermodulation, phase jitter, noise, delay, echo, and frequency shift tests. Basic, overtime, or premium rates apply. e) Non-scheduled testing - performing specific tests requested by CLEC as described above under "cooperative testing" or "manual testing" on a non-scheduled basis. Tests include, but are not limited to, loss, noise, slope, delay, and echo. Such tests are performed as the result of a repair request and are in addition to tests required to isolate and repair trouble. Basic, overtime, or premium rates apply. f) Cancellation - cancellation of a pending order for the installation of services at any time prior to notification by Owest that service is available for use. The cancellation date is the date Owest receives notice from CLEC that the order is cancelled. If CLEC or CLEC's customer is unable to accept service within thirty (30) Days after the original Due Date, the order will be cancelled by Owest unless Owest and CLEC mutually agree on an alternative Due Date. g) Design change - information provided by CLEC or a request from CLEC that results in an engineering review and/or a design change to service on a pending service order, per order, per occurrence. Design changes include, but are not limited to: 1) changes to the address on a pending service order when the new address is in the same Owest Wire Center as the original address; 2) the addition or deletion of optional features, functions, type of channel interface, type of Interface Group or technical specification package; or 3) conversions from an Unbundled Network Element to a private line/Special Access circuit. If an address change will jeopardize the original Due Date and CLEC indicates that it would like to retain the original Due Date, an address change may result in the application of an expedite Miscellaneous Charge, except as provided in Section 9.1.1.4.5.2. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 155 Section 9 Unbundled Network Elements h) Dispatch - 1) information provided by CLEC, or a request from CLEC, in relation to installation of services, resulting in dispatch of a Owest technician(s) when dispatch is not required for Owest to complete its installation work; 2) information provided by CLEC resulting in dispatch, or a request from CLEC for dispatch, of a Owest technician(s) in relation to a repair request where no trouble is found in Owests facilities; and 3) a Owest technician(s) is dispatched and CLEC or CLEC's customer is not available or ready. i) Expedite - a Due Date that reflects a shorter service interval than is available in the Agreement or Owests Service Interval Guide; or that is a request for an earlier Due Date than has been established on a pending order; or that is required to meet a Due Date on a pending order due to design or other changes submitted by CLEC. Owest will accommodate CLEC's request for an expedited installation if it can do so without delaying Due Dates or orders of other CLECs or end user customers. Charges for expedited installations are in addition to nonrecurring charges for the service ordered. j) Maintenance of ServicelTrouble Isolation - work performed by Owest when CLEC reports trouble to Owest and no trouble is found in Owests facilities. CLEC is responsible for payment of charges when the trouble is in equipment or systems provided by a party(ies) other than Owest. Additionally, when CLEC reports trouble within a quantity of services and circuits, but fails to identify the specific service and circuit experiencing trouble, charges apply for the time spent by Owest to isolate the trouble. A call-out of Owest technician at a time outside of Owests regular business hours is subject to a minimum charge of four (4) hours. Failure of Owest personnel to find trouble in Owest facilities will result in no charge if the trouble is subsequently found in those facilities. Charges apply per Owest technician, from the time of dispatch until the work is complete. Trouble Isolation Charges (TIC) apply for trouble isolation work on POTS and Maintenance of Service charges apply for trouble isolation work on other services. Dispatch Miscellaneous Charges may apply in addition to Maintenance of Sèrvice charges or TIC. Basic, overtime, or premium rates apply. 9.1.13 Notwithstanding any reference, definition or provision to the contrary, CLEC may provide any technically feasible data or voice Telecommunications Service allowed by law over any Loop or Loop portion of a UNE combination, including without limitation, "voice" services over high frequency portions of any Loop or "data" services over any low frequency portion of any Loop, provided such services do not interfere with "voiceband" or "data band" transmission parameters in accordance with FCC rules as more particularly described in this Agreement. Any related equipment provided by CLEC to deliver Telecommunications Services contemplated by this section must comply with appropriate ANSI standards such as T1A17 and T1A13. Other references to the voice or voice band portion of the Loop in this Agreement will mean the low frequency portion of the Loop. ,9.1.14 Intentionally Left Blank. 9.1.15 Expedite requests for designed Unbundled Network Elements are allowed. Expedites are requests for intervals that are shorter than the interval defined in Owests Service Interval Guide (SIG), this Interconnection Agreement (ICA) or Individual Case Basis (ICB) Due Dates. 9.1.15.1 CLEC will request an expedite for designed Unbundled Network Elements, including an expedited Due Date, on the Local Service Request (LSR) or the Access Service Request (ASR), as appropriate. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 156 Section 9 Unbundled Network Elements 9.1.15.2 The request for an expedite will be allowed only when the request meets the criteria outlined in the Pre-Approved Expedite Process in Qwests Product Catalog for expedites at Qwests wholesale web site. If the request meets the criteria outlined in the Pre-Approved Expedite Process, Qwest will process the request and return a FOC acknowledging the expedited Due Date. If the request does not meet the criteria outlined in the Pre-Approved Expedite Process, the ASR or LSR will be processed under the guideline for Expedites Requiring Approval in Qwests Product Catalog. 9.1.16 Intentionally Left Blank. 9.2 Unbundled Loops 9.2.1 Description The Unbundled Loop is defined as a transmission facility between a distribution frame (or its equivalent) in a Qwest Central Office and the Loop Demarcation Point at an end user customer's premises. The Unbundled Loop includes all features, functions, and capabilities of such transmission facility. Those features, functions, and capabilities include, but are not limited to, attached electronics that are necessary for the full functionality of the loop (except those electronics used for the provision of Advanced Services, such as Digital Subscriber Line Access Multiplexers), and line conditioning. The Unbundled Loop includes DSO, DS1, and DS3 Loops. 9.2.1.1 Loop Demarcation Point - For purposes of this Section, Loop Demarcation Point is the point where Qwest owned or controlled facilities cease, and CLEC, end user customer's, owner or landlord ownership of facilities begins. 9.2.1.2 FTTH and FTTC Loops. For purposes of this Section, a Fiber-to-the- Home (FTTH) loop is a local Loop consisting entirely of fiber optic cable, whether dark or lit, and serving an end user customer's premises, or, in the case of predominantly residential multiple dwelling units (MDUs), a fiber optic cable, whether dark or lit, that extends to the MDU's minimum point of entry (MPOE). For purposes of this Section, a Fiber-to-the-Curb (FTTC) loop is a local loop consisting of fiber optic cable connecting to a copper distribution plant loop that is not more than 500 feet from the customer's premises or, in the case of predominantly residential MDU, not more than 500 feet from the MDU's MPOE. The fiber optic cable in a FTTC must connect to a copper distribution plant loop at a serving area interface from which every other copper distribution subloop also is not more than 500 feet from the respective customer's premises. 9.2.1.2.1 FTTH/FTTC New Builds. Qwest shall have no obligation to provide access to an FTTH/FTTC loop as an Unbundled Network Element in any situation where Qwest deploys such a loop to an end user customer's premises that had not previously been served by any loop facility prior to October 2,2003. 9.2.1.2.2 FTTH/FTTC Overbuilds. Qwest shall have no obligation to provide access to an FTTH/FTTC loop as an Unbundled Network Element in any situation where Qwest deploys such a loop parallel to, or in replacement of, an existing copper loop facility. Notwithstanding the foregoing, where Qwest deploys a FTTH/FTTC loop parallel to, or in replacement of, an existing copper loop facility: 9.2.1.2.2.1 Qwest shall: (i) leave the existing copper loop April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 157 Section 9 Unbundled Network Elements connected to the end user customer's premises after deploying the FTTH/FTTC loop to such premises, and (ii) upon request provide access to such copper loop as an Unbundled Network Element. Notwithstanding the foregoing, Owest shall not be required to incur any expense to ensure that any such existing copper loop remains capable of transmitting signals prior to receiving a request from CLEC for access, as set forth above, in which case Owest shall restore such copper loop to serviceable condition on an Individual Case Basis. Any such restoration shall not be subject to Performance Indicator Definition or other performance service measurement or intervals. Owests obligations under this subsection 9.2.1.2.2 shall terminate when Owest retires such copper Loop in accordance with the provisions of Section 9.2.1.2.3 below. 9.2.1.2.2.2 In the event Owest, in accordance with the provisions of Section 9.2.1.2.3 below, retires the existing copper loop connected to the end user customer's premises, Owest shall provide access, as an Unbundled Network Element, over the FTTH/FTTC loop to a 64 kbps transmission path capable of voice grade service. 9.2.1.2.3 Retirement of Copper Loops or Copper Subloops and Replacement with FTTH/FTTC Loops. In the event Owest decides to replace any copper loop or copper Subloop with a FTTH/FTTC Loop, Owest will: (i)provide notice of such planned replacement on its web site (www.qwest.com/disclosures); (ii) provide e-mail notice of such planned retirement to CLECs; and (iii) provide public notice of such planned replacement to the FCC. Such notices shall be in addition to any applicable state Commission notification that may be required. 9.2.1.3 Hybrid Loops. A "Hybrid Loop" is an Unbundled Loop composed of both fiber optic cable, usually in the feeder plant, and copper wire or cable, usually in the distribution plant. 9.2.1.3.1 Broadband Services. When CLEC seeks access to a Hybrid Loop for the provision of broadband services, including DS1 or DS3 capacity, but not DSL, Owest shall provide CLEC with non-discriminatory access on an unbundled basis to time division multiplexing features, functions, and capabilities of that Hybrid Loop, only where impairment has been found to exist to establish a complete transmission path between Owests Central Office and an end user customer's premises. This access shall include access to all features, functions, and capabilities of the Hybrid Loop that are not used to transmit packetized information. 9.2.1.3.2 Narrowband Services. When CLEC seeks access to a Hybrid Loop for the provision of narrowband services, Owest may either: a) Provide non-discriminatory access, on an unbundled basis, to an entire Hybrid Loop capable of voice-grade service (Le., equivalent to DSO capacity), using time division multiplexing technology; or b) Provide non-discriminatory access to a spare home-run copper loop serving that end user customer's on an unbundled basis. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 158 Section 9 Unbundled Network Elements 9.2.1.4 Intentionally Left Blank. 9.2.2 Terms and Conditions 9.2.2.1 Qwest shall provide CLEC, on a non-discriminatory basis, Unbundled Loops (unbundled from local switching and transport) of substantially the same quality as the Loop that Qwest uses to provide service to its own end user customer's. For Unbundled Loops that have a retail analogue, Qwest will provide these Unbundled Loops in substantially the same time and manner as Qwest provides to its own end user customers. Qwest will not re-designate Interoffice Facilities (IOF) for CLECs or for itself, subject to the following exception: In the circumstances of national security or public health and safety, IOF may be evaluated for re-designation for Qwest and CLECs alike. Separate and apart from the foregoing, in the event Qwest removes from interoffce service, an entire IOF that is capable of supporting Telecommunications Services, Qwest will make that facility available as Loop facilities for Qwest and CLEC alike. Unbundled Loops shall be provisioned in accordance with Exhibit C and the performance metrics set forth in Section 20 and with a minimum of service disruption. 9.2.2.1.1 Use of the word "capable" to describe Loops in Section 9.2 means that Qwest assures that the Loop meets the technical standards associated with the specified Network Channel/Network Channel Interface codes, as contained in the relevant technical publications and industry standards. 9.2.2.1.2 Use of the word "compatible" to describe Loops in Section 9.2 means the Unbundled Loop complies with technical parameters of the specified Network Channel/Network Channel Interface codes as specified in the relevant technical publications and industry standards. Qwest makes no assumptions as to the capabilities of CLEC's Central Office equipment or the Customer Premises Equipment. 9.2.2.2 Analog (Voice Grade) Unbundled Loops. Analog (voice grade) Unbundled Loops are available as a two-wire or four-wire voice grade, point-to-point configuration suitable for local exchange type services. For the two-wire configuration, CLEC must specify the signaling option. The actual Loop facilities may utilize various technologies or combinations of technologies. 9.2.2.2.1 If Qwest uses Integrated Digital Loop Carrier (IDLC) systems to provide the Unbundled Loop, Qwest will first attempt, to the extent possible, to make alternate arrangements such as Line and Station Transfers (LST), to permit CLEC to obtain a contiguous copper Unbundled Loop. If a LST is not available, Qwest may also seek alternatives such as Integrated Network Access (INA), hair pinning, or placement of a Central Office terminal, to permit CLEC to obtain an Unbundled Loop. If no such facilities are available, Qwest will make every feasible effort to provision Unbundled Loops over the IDLC in order to provide the Unbundled Loop for CLEC. 9.2.2.2.1.1 In areas where Qwest has deployed amounts of IDLC that are sufficient to cause reasonable concern about CLEC's ability to provide service through available copper facilities on a broad scale, CLEC shall have the ability to gain access to Qwest information sufficient to provide CLEC with a reasonably complete identification of April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 159 Section 9 Unbundled Network Elements such available copper facilities. Owest shall be entitled to mediate access in a manner reasonably related to the need to protect Confidential or Proprietary Information. CLEC shall be responsible for Owests incremental costs to provide such information or access mediation. 9.2.2.2.1.2 If Owest deploys Next Generation Digital Loop Carrier (NGDLC) in its network, CLEC shall have non-discriminatory access to the technology as required by the Act and the rules promulgated thereunder. 9.2.2.2.2 If there are state service quality rules in effect at the time CLEC requests an Analog Unbundled Loop, Owest will provide an Analog Unbundled Loop that meets the state technical standards. If necessary to meet the state standards, Owest will, at no cost to CLEC, remove load coils and Bridged Taps from the Loop in accordance with the requirements of the specific technical standard. 9.2.2.3 Digital Capable Loops - DS1 and DS3 Capable Loops, Basic Rate (BRI) ISDN Capable Loops, 2/4 Wire Non-Loaded Loops and xDSL-1 Capable Loops. Unbundled digital Loops are transmission paths capable of carrying specifically formatted and line coded digital signals. Unbundled digital Loops may be provided using a variety of transmission technologies including, but not limited to, metallic wire, metallic wire based digital Loop carrier, and fiber optic fed digital carrier systems. Owest will provision digital Loops in a non-discriminatory manner, using the same facilities assignment processes that Owest uses for itself to provide the requisite service. Digital Loops may use a single or multiple transmission technologies. DC continuity does not apply to digital capable Loops. If conditioning is required, then CLEC shall be charged for such conditioning as set forth in Exhibit A if it authorized Owest to perform such conditioning. 9.2.2.3.1 Intentionally Left Blank. 9.2.2.3.1.1 DS1 Unbundled Loops. Subject to the cap described in Section 9.2.2.3.1.1.1, Owest shall provide CLEC with non-discriminatory access to a DS1 Loop on an unbundled basis to any building not served by a Wire Center with at least 60,000 Business Lines and at least four (4) Fiber-based Collocators. Once a Wire Center exceeds both of these thresholds, no future DS1 Loop unbundling will be required in that Wire Center. 9.2.2.3.1.1.1 Cap on Unbundled DS 1 Loop Circuits. CLEC may obtain a maximum of ten (10) unbundled DS1 Loops to any single building in which DS1 Loops are available as Unbundled Loops. 9.2.2.3.1.2 DS3 Unbundled Loops. Subject to the cap described in Section 9.2.2.3.1.2.1, Owest shall provide CLEC with non- discriminatory access to a DS3 Loop on an unbundled basis to any building not served by a Wire Center with at least 38,000 Business Lines and at least four (4) Fiber-based Collocators. If a Wire Center exceeds both of these thresholds, no future DS3 Loop unbundling is required in that Wire Center. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 160 Section 9 Unbundled Network Elements 9.2.2.3.1.2.1 Cap on Unbundled DS3 Loop Circuits. CLEC may obtain a maximum of a single unbundled DS3 Loop to any single building in which DS3 Loops are available as unbundled Loops. 9.2.2.3.1.3 Intentionally Left Blank. 9.2.2.3.2 If CLEC orders a 2/4 wire non-loaded Unbundled Loop for an end user customer served by a digital loop carrier system, Qwest will conduct an assignment process which considers the potential for an LST or alternative copper facility. If no copper facility capable of supporting the requested service is available, then Qwest will reject the order. 9.2.2.4 Non-Loaded Loops. CLEC may request that Qwest provide a non-loaded Unbundled Loop. In the event that no such facilities are available, CLEC may request that Qwest condition existing spare facilities. CLEC may indicate on the LSR that it pre- approves conditioning if conditioning is necessary. If CLEC has not pre-approved conditioning, Qwest will obtain CLEC's consent prior to undertaking any conditioning efforts. Upon CLEC pre-approval or approval of conditioning, and only if conditioning is necessary, Qwest will dispatch a technician to condition the Loop by removing load coils and excess Bridged Taps to provide CLEC with a non-loaded Loop. CLEC will be charged the nonrecurring conditioning charge (i.e., cable unloading and Bridged Taps removal), if applicable, in addition to the Unbundled Loop installation nonrecurring charge. 9.2.2.4.1 Where Qwest fails to meet a Due Date for performing Loop conditioning, CLEC shall be entitled to a credit equal to the amount of any conditioning charges applied, where it does not secure the Unbundled Loop involved within three (3) months of such Due Date. Where Qwest does not perform conditioning in accord with the standards applicable under this Agreement, CLEC shall be entitled to a credit of one-half (1/2) of the conditioning charges made, unless CLEC can demonstrate that the Loop as conditiOned is incapable of substantially performing the functions normally within the parameters applicable to such Loop as this Agreement requires Qwest to deliver it to CLEC. In the case of such fundamental failure, CLEC shall be entitled to a credit of all conditioning charges, except where CLEC asks Qwest to cure any defect and Qwest does so. In the case of such cure, CLEC shall be entitled to the one-half (1/2) credit identified above. 9.2.2.5 When CLEC requests a Basic Rate ISDN capable or an xDSL-1 capable Loop, Qwest will dispatch a technician, if necessary, to provide Extension Technology that takes into account for example: the additional regenerator placement, Central Office powering, Mid-Span repeaters, if required, and BRITE cards in order to provision the Basic Rate ISDN capable and xDSL-1 capable Loop. Extension Technology may be required in order to bring the circuit to the specifications necessary to accommodate the requested service. If the circuit design requires Extension Technology, to bring it up to the design standards, it will be added by Qwest, at no charge. Extension Technology can also be requested by CLEC to meet its specific needs. If Extension Technology is requested by CLEC, but is not required to meet the technical standards, then Qwest will provide the requested Extension Technology and will charge CLEC. Qwest will provision ISDN (BRI) capable and xDSL-1 capable Loops using the specifications in the Technical Publication 77384. Refer to that document for more information. CLEC will April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 161 Section 9 Unbundled Network Elements be charged an Extension Technology recurring charge in addition to the Unbundled Loop recurring charge, if applicable, as specified in Exhibit A of this Agreement. The ISDN Capable Loop may also require conditioning (e.g., removal of load coils or Bridged Taps). 9.2.2.6 For DS1 or DS3 capable Loops, Qwest will provide the necessary electronics at both ends, including any intermediate repeaters. In addition, CLEC will have access to these terminations for testing purposes. 9.2.2.6.1 DS1 capable Loops provide a transmission path between a Central Office network interface at a DS1 panel or equivalent in a Qwest serving Central Offce and the network interface at the end user customer location. DS1 capable Loops transport bi-directional OS 1 signals with a nominal transmission rate of 1.544 Mbit/s. DS1 capable Loops shall meet the design requirements specified in Qwest Technical Publications 77384 (Unbundled Loops) and 77375 (DS1 ). 9.2.2.6.2 DS3 capable Loops provide a transmission path between a Qwest Central Offce network interface and an equivalent network interface at an end user customer location. DS3 capable Loops transport bi-directional DS3 signals with a nominal transmission rate of 44.736 Mbitls. DS3 capable Loops shall meet the design requirements specified in Qwest Technical Publications 77384 (Unbundled Loop) and 77324 (DS3). 9.2.2.7 Qwest is not obligated to provision BRI-ISDN, xDSL-I-capable, DS1 or DS3-capable Loops to end user customers in areas served exclusively by Loop facilities or transmission equipment that are not compatible with the requested service. 9.2.2.8 Loop Qualification Tools. Qwest offers five (5) Loop qualification tools: the Loop Qualification Tool, Raw Loop Data Tool, POTS Conversion to Unbundled Loop Tool, MegaBit Quaiification Tool, and ISDN Qualification TooL. These and any future Loop qualification tools Qwest develops will provide CLEC access to Loop qualification information in a nondiscriminatory manner and will provide CLEC the same Loop qualification information available to Qwest. CLEC may request an audit of Qwests company records, back office systems and databases pertaining to Loop information pursuant to Section 18 of this Agreement. 9.2.2.8.1 Loop Qualification TooL. CLEC may use the Loop Qualification tool to pre-qualify the requested circuit utiizing the existing telephone number or address to determine whether it meets DSL specifications. The qualification process screens the circuit for compliance with the design requirements specified in Qwest Technical Publication 77399. 9.2.2.8.2 Raw Loop Data Tools. Qwest offers two (2) types of Raw Loop Data TooL. If CLEC has a digital certificate, CLEC may access the Wire Center Raw Loop Data Tool via www.ecom.qwest.com. The Wire Center Raw Loop Data Tool provides CLEC the following information: Wire Center CLLI code, cable name, pair name, terminal address, ML T distance, segment (F1, F2), sub- segment (e.g., 1 of F1), segment length, segment gauge, Bridged Taps length by segment, Bridged Taps offset distance, load coil type, and pair gain type. CLEe may also access the IMA Raw Loop Data Tool for Loop specific information. The April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 162 Section 9 Unbundled Network Elements IMA Raw Loop Data Tool may be accessed through IMA-GUI or IMA-EDI. This tool provides CLEC the following information: Wire Center CLLI code, cable name, pair name, terminal address, ML T distance, segment (F1, F2), sub- segment (e.g., 1 of F1), segment length, segment gauge, Bridged Taps length by segment, Bridged Taps offset distance, load coil type, number of loads, and pair gain type. 9.2.2.8.3 POTS Conversion to Unbundled Loop TooL. The POTS Conversion to Unbundled Loop Tool is available to CLEC through IMA-GUI or IMA-EDI. This tool informs CLEC whether the facility is copper or pair gain and whether there are load coils on the Loop. 9.2.2.8.4 DSL Qualification TooL. The DSL Qualification Tool is available to CLEC through IMA-GUI or IMA-EDI. This tool provides a "yes/no" answer regarding the Loop's ability to support Qwest DSL service. If the DSL Qualification Tool returns a "no" answer, it provides a brief explanation. 9.2.2.8.5 ISDN Qualification TooL. The ISDN Qualification Tool is available to CLEC through IMA-GUI or IMA-EDI. This tool permits CLEe to view information on multiple lines and will inform CLEC of the number of lines found. If an ISDN capable Loop is found, the tool identifies the facility and, if applicable, pair gain. 9.2.2.8.6 If the Loop make-up information for a particular facility is not contained in the Loop quaj.fication tools, if the Loop qualification tools return unclear or incomplete information, or if CLEC identifies any inaccuracy in the information returned from the Loop qualification tools, and provides Qwest with the basis for CLEC's belief that the information is inaccurate, then CLEC may request, and Qwest will perform a manual search of the company's records, back offce systems and databases where Loop information resides. Qwest will provide CLEC, via email, the Loop information identified during the manual search within forty-eight (48) hours of Qwests receipt of CLEC's request for manual search. The email will contain the following Loop makeup information: composition of the Loop material; location and type of pair gain devices, the existence of any terminals, such as Remote Terminals or digital loop terminals, Bridged Tap, and load coils; Loop length, and wire gauge. In the case of Loops served by digital loop carrier, the email will provide the availability of spare feeder and distribution facilities that could be used to provision service to the end user customer, including any spare facilities not connected to the Switch and Loop makeup for such spare facilities. After completion of the investigation, Qwest will load the information into the Loop Facilities Assignment and Control System (LFACS) database, which will populate this Loop information into the fields in the Loop qualification tools. 9.2.2.8.7 Intentionally Left Blank 9.2.2.9 Provisioning Options. The following provisioning options are available for Unbundled Loop elements. Charges for these Provisioning options vary depending on the type of Loop requested. Rates are contained in Exhibit A of this Agreement. Testing parameters are described below and in Qwest Technical Publication 77384, Qwest Interconnection Service - Unbundled Loop. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 163 Section 9 Unbundled Network Elements 9.2.2.9.1 Basic Installation. Basic Installation may be ordered for new or existing Unbundled Loops. Upon completion, Qwest will call CLEC to notify CLEC that the Qwest work has been completed. 9.2.2.9.1.1 For an existing customer, the Basic Installation option is a "lift and lay" procedure. The Central Offce Technician (COT) "lifts" the Loop from its current termination and "lays" it on a new termination connecting to CLEC. There is no associated circuit testing performed. 9.2.2.9.1.2 For new customer service, the Basic Installation option involves the COT and Field Technician (CST/NT) completing circuit wiring and performing the required performance tests to ensure the new circuit meets the required parameter limits. The test results are NOT provided to CLEC. 9.2.2.9.1.3 For basic installation of existing 2/4 wire analog Loops, Qwest provides a Quick Loop with or without Local Number Portability (LNP) option, that enables CLEC to receive the Quick Loop installation interval as set forth in Exhibit C. Quick. Loop installation without LNP includes only a simple lift and lay procedure. Quick Loop with LNP installation provides a lift and lay, and the LNP functions. Quick Loop is not available with cooperative testing, coordinated installation, or when unbundling from an IDLC to a copper alternative. 9.2.2.9.2 Basic Installation with Performance Testing. Basic Installation with Performance Testing may be ordered for new or existing Unbundled Loops. 9.2.2.9.2.1 For an existing customer, Basic Installation with Performance Testing is a "lift and lay" procedure. The Central Offce Technician (COT) "lifts" the Loop from its current termination and "lays" it on a new termination connecting CLEC. The COT and Implementor/Tester perform the required performance tests to ensure that the new circuit meets required parameter limits. 9.2.2.9.2.2 The Qwest Implementor/Tester will read the test results to CLEC on close-out and email the performance test results within two (2) business days to a single, designated CLEC offce email address. 9.2.2.9.2.3 For new customer service, the Basic Installation with Performance Testing option requires a dispatch to the customer premises. The COT and Field Technician complete circuit wiring and perform the required performance tests to ensure the néw circuit meets the required parameter limits. These test results are read to CLEC by the Qwest Implementor/Tester on close-out. Within two (2) business days, Qwest will email the performance test results to a single, designated CLEC office email address. 9.2.2.9.3 Coordinated Installation With Cooperative Testing. Coordinated Installation With Cooperative Testing may be ordered for new or existing service. April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 164 Section 9 Unbundled Network Elements For both new and existing service, CLEC must designate a specific "Appointment Time" when it submits the LSR. On the Due Date (DD), at CLEC's designated Appointment Time, the Owest Implementor/Tester contacts CLEC to ensure CLEC is ready for installation. If CLEC is not ready within thirty (30) minutes of the scheduled Appointment Time, then CLEC must reschedule the installation by submitting a supplemental LSR for a new Due Date and Appointment Time. If Owest is not ready within thirty (30) minutes of the scheduled Appointment Time, Owest will waive the nonrecurring charge for the installation option, and the Parties will attempt to set a new appointment for the same day. If Owest fails to perform cooperative testing due to Owests fault, Owest will waive the nonrecurring charge for the installation option. If CLEC still desires cooperative testing, the Parties will attempt to set a new Appointment Time on the same day and, if unable to do so, Owest will issue a jeopardy notice and a FOC with a new Due Date. 9.2.2.9.3.1 For an existing customer, Coordinated Installation With Cooperative Testing is a "lift and lay" procedure with cooperative testing. The COT completes the installation in the Central Office and performs testing that CLEC requests. Upon completion of Owest performance testing, the Owest Implementor/Tester will contact CLEC, read the Owest test results, and begin CLEC cooperative testing. Within two (2) business days, Owest will email the Owest test results to a single, designated CLEC office email address. CLEC will be charged for any Provisioning test CLEC requests that is not defined in the Owest Technical Publication 77384. 9.2.2.9.3.2 For new customer service, Coordinated Installation With Cooperative Testing may require a dispatch of a technician to the customer premises. The COT and Field Technician complete circuit wiring and perform the required performance tests to ensure that the new circuit meets required parameter limits. Upon completion of Owest performance testing, the Owest Implementor/Tester will contact CLEC, read the Owest test results, and begin CLEC cooperative testing. Within two (2) business days, Owest will email the Owest test results to a single, designated CLEC office email address. CLEC will be charged for any Provisioning test not defined in the Owest Technical Publication 77384. 9.2.2.9.4 Coordinated Installation Without Cooperative Testing. Coordinated Installation Without Cooperative Testing may be ordered for new or existing service. For both new and existing service, CLEC must designate a specific "Appointment Time" when it submits the LSR. On the Due Date (DD), at CLEC's designated Appointment Time, the Owest Implementor/Tester contacts CLEC to ensure CLEC is ready for installation. If CLEC is not ready within thirty (30) minutes of the scheduled Appointment Time, then CLEC must reschedule the installation by submitting a supplemental LSR. If Owest is not ready within thirty (30) minutes of the scheduled Appointment Time, Owest will waive the nonrecurring charge for the installation option and the Parties will attempt to set a new Appointment Time on the same day and, if unable to do so, Owest will issue a jeopardy notice and a FOC with a new Due Date (no further nonrecurring charge for the installation will apply). April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 165 Section 9 Unbundled Network Elements 9.2.2.9.4.1 For an existing Unbundled Loop this Coordinated Installation Without Cooperative Testing is a "lift and lay" procedure without a dispatch that offers CLEC the ability to coordinate the conversion activity. The Owest Implementor advises CLEC when the "lift and lay" procedure is complete. 9.2.2.9.4.2 For new Unbundled Loops, Owest may dispatch a technician to terminate the new circuit at the customer premises. The Field Technician will not remain on the premises to perform the coordinated installation once the circuit is in place. The COT completes the installation in the Central Office, and the COT and ImplementorlTester complete the required performance tests to ensure that the new circuit meets required parameter limits. CLEC will not receive test results. When installation is complete, Owest will notify CLEe. 9.2.2.9.5 Basic Installation With Cooperative Testing. Basic Installation With Cooperative Testing may be ordered for new or existing Unbundled Loops. 9.2.2.9.5.1 For an existing customer, Basic Installation With Cooperative Testing is a "lift and lay" procedure with cooperative testing on the Due Date. The COT "lifts" the Loop from its current termination and "lays" it on a new termination connecting to CLEC. Upon completion of Owest performance testing, the Owest Implementor/Tester will contact CLEC, read the Owest test results, and begin CLEC cooperative testing. Within two (2) business days, Owest will email the Owest test results to a single, designated CLEC office email address. CLEC and Owest will perform a loop back acceptance test, accept the Loop and exchange demarcation information. 9.2.2.9.5.2 For new customer service, Basic Installation With Cooperative Testing may require a dispatch to the customer premises. The COT and Field Technician complete circuit wiring and perform the required performance tests to ensure the new circuit meets the required parameter limits. 9.2.2.9.5.3 If Owest fails to perform cooperative testing due to Owests fault, Owest will waive the nonrecurring charge for the installation option. If CLEC still desires cooperative testing, the Parties will attempt to set a new Appointment Time on the same day and, if unable to do so, Owest will issue a jeopardy notice and a FOC with a new Due Date (no further nonrecurring charge for the installation will apply). 9.2.2.9.6 Performance Testing. performance tests for various Loop types: Owest performs the following a) 2-Wire and 4-Wire Analog Loops No Opens, Grounds, Shorts, or Foreign Volts Insertion Loss = 0 to -8.5 dB at 1004 Hz April 15, 200811hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 166 Section 9 Unbundled Network Elements Automatic Number Identification (ANI) when dial-tone is present b) 2-Wire and 4-Wire Non-Loaded Loops No Load Coils, Opens, Grounds, Shorts, or Foreign Volts Insertion Loss = 0 to -8.5 dB at 1004 Hz Automatic Number Identification (ANI) when dial-tone is present c) Basic Rate ISDN and xOSL-I-Capable Loops No Load Coils, Opens, Grounds, Shorts, or Foreign Volts Insertion Loss = :: 40 dB at 40 kHz ,Automatic Number Identification (ANI) when dial-tone is present d) OS 1-Capable Loops No Load Coils, Opens, Grounds, Shorts, or Foreign Volts e) OS3-Capable Loops Continuity Testing 9.2.2.9.7 Project Coordinated Installation: A Project Coordinated Installation permits CLEC to obtain a coordinated installation for Unbundled Loops with or without LNP, where CLEC orders Unbundled OS1-capable, Unbundled OS3-capable or twenty-five (25) or more OSO Unbundled Loops. The rates for Project Coordinated Installations are set forth in Exhibit A. 9.2.2.9.7.1 The date and time for the Project Coordinated Installation requires up-front planning and may need to be negotiated between Qwest and CLEC. All requests will be processed on a first come, first served basis and are subject to Qwests ability to meet a reasonable demand. Considerations such as system down time, Switch upgrades, Switch maintenance, and the possibility of other CLECs requesting the same Frame Due Time (FOT) in the same Switch (Switch contention) must be reviewed. In the event that any of these situations would occur, Qwest will negotiate with CLEC for an agreed upon FOT, prior to issuing the Firm Order Confirmation (FOC). In special cases where CLEC is ordering Unbundled Loop with LNP, the FOT must be agreed upon, the interval to reach agreement will not exceed two (2) days from receipt of an accurate LSR. In addition, standard intervals will apply. 9.2.2.9.7.2 CLEC shall request a Project Coordinated Installation by submitting a Local Service Request (LSR) and designating this order as a Project Coordinated Installation in the remarks section of the LSR form. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 167 Section 9 Unbundled Network Elements 9.2.2.9.7.3 CLEC will incur additional charges for the Project Coordinated Installation dependent upon the coordinated time. The rates are based upon whether the request is within Owests standard installation hours or out of hours. Owest standard installation hours for Unbundled Loops are 8:00 a.m. to 5:00 p.m. (local time), Monday through Friday, excluding holidays. Where LNP is included, see Section 10.2.5.4 for rate elements. 9.2.2.9.7.4 Owest will schedule the appropriate number of employees prior to the cut, normally not to exceed four (4) employees, based upon information provided by CLEC. If the Project Coordinated Installation includes LNP, CLEC will also have appropriate personnel scheduled for the negotiated FDT. If CLEC's information is modified during the installation, and, as a result, non-scheduled employees are required, CLEC shall be charged a three (3) hour minimum callout charge per each additional non-scheduled employee. If the installation is either cancelled, or supplemented to change the Due Date, within twenty-four (24) hours of the negotiated FDT, CLEC will be charged a one (1) Person three (3) hour minimum charge. For Project Coordinated Installations with LNP, if the Coordinated Installation is cancelled due to a Owest error Or a new Due Date is requested by Owest, within twenty-four (24) hours of the negotiated FDT, Owest may be charged by CLEC one (1) Person three (3) hour minimum charge. 9.2.2.9.7.5 If CLEC orders PFOject Coordinated Installation with LNP and in the event the LNP conversion is not successful, CLEC and Owest agree to isolate and fix the problem in a timeframe acceptable to CLEC or the customer. If the problem cannot be corrected within an acceptable timeframe to CLEC or the customer, CLEC may request the restoral of Owest service for the ported customer. Such restoration shall begin immediately upon request If CLEC is in error then a supplemental order shall be provided to Owest If Owest is in error, no supplemental order or additional order will be required of CLEC. 9.2.2.9.7.6 If CLEC orders Project Coordinated Installation with LNP, Owest shall ensure that any LNP order activity requested in conjunction with a Project Coordinated Installation shall be implemented in a manner that avoids interrupting service to the end user customer. 9.2.2.10 CLEC may request Owest to Commingle DS1 or DSO analog voice grade unbundled Loops with DS3 or DS1 multiplexed facilities ordered by CLEC from Owests special access or private line Tariffs. Terms and conditions for this Commingled arrangement are provided in Section 9.25 of this Agreement 9.2.2.11 In order to properly maintain and modernize the network, Owest may make necessary modifications and changes to Unbundled Loops, ancillary and Finished Services in its network on an as needed basis. Such changes may result in minor changes to transmission parameters. Network maintenance and modernization activities will not adversely affect the UNE(s) provided to CLEC and will result in UNE(s) transmission parameters that are within transmission limits of the UNE ordered by CLEC. Changes that affect network Interoperability require advance notice pursuant to April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 168 Section 9 Unbundled Network Elements the Notices Section of this Agreement. 9.2.2.12 If there is a conflict between an end user customer (or its respective agent) and CLEC regarding the disconnection or Provisioning of Unbundled Loops, Qwest will advise the end user customer to contact CLEC, and Qwest will initiate contact with CLEC. 9.2.2.13 Facilities and lines Qwest furnishes on the premises of CLEC's end user customer up to and including the Loop Demarcation Point are the property of Qwest. Qwest shall have reasonable access to all such facilities for network management purposes. Qwest will coordinate entry dates and times with appropriate CLEC personnel to accommodate testing, inspection repair and maintenance of such facilities and lines. CLEC will not inhibit Qwests employees and agents from entering said premises to test, inspect, repair and maintain such facilities and lines in connection with such purposes or, upon termination or cancellation of the Unbundled Loop service, to remove such facilities and lines. Such entry is restricted to testing, inspection, repair and maintenance of Qwests property in that facility. Entry for any other purpose is subject to audit provisions in the Audit section of this Agreement. 9.2.2.14 Intentionally Left Blank. 9.2.2.15 Reuse of Loop Facilities 9.2.2.15.1 When an end user customer contacts Qwest with a request to convert their local service from CLEC to Qwest, Qwest will notify CLEC of the loss of the end user customer, and will disconnect the Loop Qwest provided to CLEC. Qwest will disconnect the Loop only where Qwest has obtained proper Proof of Authorization. 9.2.2.15.2 When CLEC contacts Qwest with a request to convert an end user customer from their Current Service Provider to CLEC, CLEC is responsible for notifying the Current Service Provider of the conversion. Qwest will disconnect the Loop Qwest provided the Current Service Provider and, at CLEC's request, where technically compatible, will reuse the Loop for the service requested by CLEC (e.g., resale service). 9.2.2.15.3 When CLEC contacts Qwest with a request to convert an end user customer from Qwest to CLEC, at CLEC request, Qwest will reuse the existing Loop facilities for the service requested by CLEC to the extent those facilities are technically compatible with the service to be provided. Upon CLEC request, Qwest will condition the existing Loop in accordance with the rates set forth in Exhibit A. 9.2.2.15.4 Upon completion of the disconnection of the Loop, Qwest will send a Loss Notification report to the original competitive Carrier signifying completion of the loss. 9.2.2.16 Lack of Facilities; Priority Right to Facilities. In the event Qwest notifies CLEC that facilities ordered are not available from Qwest at the time of the order, Qwest shall maintain the order as pending for a period of thirty (30) business days. If facilties become available to fill the order within that thirty (30) business day period, Qwest shall April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 169 Section 9 Unbundled Network Elements notify CLEC of such availability. CLEC and Qwest acknowledge that the availability of facilities hereunder is on a first come, first served basis. Any facility orders placed by any other provider, including Qwest, which predate CLEC's order shall have priority for any facilities made available under the terms of this section. 9.2.3 Rate Elements The following recurring and nonrecurring rates for Unbundled Loops are set forth in Exhibit A. Recurring charges vary based on CLEC selected installation options, conditioning, and extension technology. Exhibit A also provides Miscellaneous Charges. 9.2.3.1 2/4 Wire Analog Loop (Voice Grade) Recurring and Nonrecurring rates. 9.2.3.2 2/4 Wire Non-Loaded Loop Recurring and Nonrecurring rates. 9.2.3.3 DS1 and DS3-Capable Loop, Basic Rate (BRI) ISDN and xDSL-I-Capable Loop Recurring and Nonrecurring rates. 9.2.3.3.1 DSO, DS1, and DS3-Capable Loop Conversion. Nonrecurring rates associated with the conversion of special access or private lines to Unbundled Loops. 9.2.3.4 Extension Technology Recurring and Nonrecurring rates for Digital Capable Loops, including Basic Rate (BRI) ISDN and xDSL-1 Capable Loops. 9.2.3.5 Conditioning Nonrecurring rates for 2/4 wire non-loaded Loops, Basic Rate (BRI) ISDN and xDSL-1 Capable Loop, as requested and approved by CLEC. 9.2.3.6 All miscellaneous services as described in Section 9.1.12 are available with Unbundled Loops. Miscellaneous Charges apply for miscellaneous services. 9.2.3.7 Miscellaneous Charges for Out of Hours Coordinated Installations. 9.2.3.7.1 For purposes of this Section, Qwests standard installation hours are 8:00 a.m. to 5:00 p.m. (local time), Monday through Friday, excluding holidays. Installations requested outside of standard installation hours are considered to be out of hours Installations ("Out of Hours"). 9.2.3.7.2 Intentionally Left Blank. 9.2.3.7.3 Intentionally Left Blank. 9.2.3.7.4 Intentionally Left Blank. 9.2.3.7.5 For coordinated installations scheduled to commence Out of Hours, or rescheduled by CLEC to commence Out of Hours, CLEC will incur additional labor - installation Miscellaneous Charges as set forth in Exhibit A in addition to regular nonrecurring charges for the installation. 9.2.3.8 Conversions of private line/special access circuits to Unbundled Loops. April 15, 2008/lhd/XO Qommunications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 170 Section 9 Unbundled Network Elements 9.2.4 Ordering Process 9.2.4.1 Unbundled Loops are ordered via an LSR. Ordering processes are contained in the Operational Support Systems Section of this Agreement. Detailed ordering processes are found on the Owest wholesale web site. 9.2.4.2 Prior to placing orders on behalf of the customer, CLEC shall be responsible for obtaining and have in its possession a Proof of Authorization pursuant to Section 5.3. 9.2.4.3 Based on the pre-order Loop make-up, CLEC can determine if the circuit can meet the technical parameters for the specific service CLEC intends to offer. If CLEC uses Owests Loop make-up tool and Owests pre-order Loop make-up information shows the circuit meets the technical parameters, when the facility does not, Qwest will provide a facility to CLEC. Owest will correct the information in the tool. 9.2.4.3.1 Before submittng an order for a 2/4 wire non-loaded Loop, ISDN capable Loop or xDSL-1 capable Loop, CLEC should use one of Owests Loop make-up tools available via IMA-EDI, IMA~GUI, or the web-based application interface to obtain specific information about the Loop CLEC seeks to order. 9.2.4.3.1.1 Based on the Loop make up information provided through Owest tools, CLEC must determine whether conditioning is required to provide the xDSL service it intends to offer. If Loop conditioning is required, CLEC may authorize Owest to perform such Loop conditioning on its LSR. If CLEC does not pre-approve Loop conditioning, Owest will assume that CLEC has determined that Loop conditioning is not necessary to provide the xDSL service CLEC seeks to offer. If CLEC or Owest determines that conditioning is necessary, and CLEC authorizes Owest to perform the conditioning, Owest will perform the conditioning. CLEC will be charged for the conditioning in accordance with the rates in Exhibit A. If Owest determines that conditioning is necessary and CLEC has not previously authorized Owest to perform the conditioning on the LSR, Owest will send CLEC a rejection notice indicating the need to obtain approval for conditioning. CLEC must submit a revised LSR before the conditioning work will commence. Once Owest receives the revised LSR, the fifteen (15) business day conditioning interval will begin as described in Section 9.2.4.9. 9.2.4.3.1.2 For a 2/4 wire non-loaded Loop, ISDN-capable Loop, and xDSL-I-capable Loop, or DS 1-capable Loop, Owest will return a Firm Order Confirmation (FOC) to CLEC within seventy-two (72) hours from receipt of a valid and accurate LSR. Return of such FOC will indicate that Owest has identified a Loop assignment. Such FOC will provide CLEC with a firm Due Date commitment or indication that appropriate facilities are not available to fill CLEC's order. 9.2.4.3.1.2.1 If CLEC has pre-approved Loop conditioning, and conditioning is not necessary, Owest will return the FOC with the standard interval (Le., five (5) days). April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 171 Section 9 Unbundled Network Elements 9.2.4.3.1.2.2 If CLEC has not pre-approved Loop conditioning and Qwest determines that the Loop contains load coils, Qwest will notify CLEC via a reject notification. CLEC must submit a new version of the LSR approving Loop conditioning. In this scenario, the Application Date will correspond to the date the new version is received by Qwest. 9.2.4.3.1.2.3 Intentionally Left Blank. 9.2.4.3.1.2.4 Intentionally Left Blank. 9.2.4.4 Installation intervals for all Unbundled Loops are defined in Exhibit C. The interval will start when Qwest receives a complete and accurate LSR. The LSR date is considered the start of the service interval if the order is received prior to 7:00 p.m. For service requests received after 7:00 p.m., the service interval will begin on the next business day. 9.2.4.4.1 When CLEC places an order for an Unbundled Loop with Qwest that is complete and accurate, Qwest will reply to CLEC with a Firm Order Confirmation within the time specified in Section 20. The Firm Order Confirmation will contain the Due Date that specifies the date on which Qwest will provision the Loop. Qwest will implement adequate processes and procedures to assure the accuracy of the commitment date. If Qwest must make changes to the commitment date, Qwest will promptly issue a jeopardy notification to CLEC that will clearly state the reason for the change in commitment date. Qwest will also submit a new Firm Order Confirmation that will clearly identify the new Due qate. 9.2.4.5 Installation intervals for Unbundled Loops apply when Qwest has facilities or network capacity available. 9.2.4.6 Upon CLEC request, Qwest will convert special access or private line circuits to Unbundled Loops provided the service originates at CLEC's Collocation in the Serving Wire Center. The Loop conversion ordering process applies. 9.2.4.7 Intentionally Left Blank. 9.2.4.8 When ordering Unbundled Loops, CLEC is responsible for obtaining or providing facilities and equipment that are compatible with the service CLEC seeks to provide. 9.2.4.9 the Loop. The installation interval for xDSL Loops depends on the need to condition 9.2.4.9.1 When load coils and Bridged Taps do not exist, CLEC may request the standard Due Date interval, which will apply upon submission of a complete and accurate LSR. 9.2.4.9.2 When load coils and/or Bridged Taps do exist, CLEC will request the minimum fifteen (15) business days Desired Due Date. CLEC can determine the existence of load coils or Bridged Taps by using one of the Loop April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 172 Section 9 Unbundled Network Elements make-up tools. CLEC may pre-approve line conditioning on the LSR and, by doing so, CLEC agrees to pay any applicable conditioning charges. If CLEC did not request the fifteen (15) day interval and Owest determines that conditioning is required, then the fifteen (15) business day interval starts when the need for conditioning is identified and CLEC approves the conditioning charges. 9.2.4.10 Out of Hours Coordinated Installations 9.2.4.10.1 For purposes of this Section, Owests standard installation hours are 8:00 a.m. to 5:00 p.m. (local time), Monday through Friday, excluding holidays. CLEC may request an out of hours Coordinated Installation outside of Owests standard installation hours. Installations requested outside of standard installation hours are considered to be out of hours Installations. 9.2.4.10.2 Installations requested by CLEC to occur within normal installation hours, but performed or completed out of hours are not considered Out of Hours Coordinated Installations. 9.2.4.10.3 To request out of hours Coordinated Installations, CLEC will submit an LSR designating the desired appointment time. CLEC must specify an out of hours Coordinated Installation in the "remarks" section of the LSR. 9.2.4.10.4 The date and time for out of hours Coordinated Installations may need to be negotiated between Owest and CLEC because of system downtime, Switch upgrades, Switch maintenance, and the possibility of .other CLECs requesting the same appointment times in the same Switch (Switch contention). 9.2.5 Maintenance and Repair 9.2.5.1 CLEC is responsible for its own customer base and will have the responsibility for resolution of any service trouble report(s) from its customers. CLEC will perform trouble isolation on the Unbundled Loop and any associated anCillary services prior to reporting trouble to Owest. CLEC shall have access for testing purposes at the NID or Loop Demarcation Point. Owest will work cooperatively with CLEC to resolve trouble reports when the trouble condition has been isolated and found to be within a portion of Owests network. Owest and CLEC will report trouble isolation test results to the other. For Unbundled Loops, each Party shall be responsible for the costs of performing trouble isolation on its facilities, subject to Sections 9.2.5.2 and 9.2.5.3. 9.2.5.2 When CLEC requests that Owest perform trouble isolation with CLEC, a Maintenance of Service charge applies if the trouble is found to be on CLEC's side or on the customer's side of the Loop Demarcation Point. If the trouble is on the customer's side of the Loop Demarcation Point, CLEC is required to perform its own maintenance. 9.2.5.3 Before submitting a repair request to Owest, CLEC will isolate trouble to the Owest network and must submit test results indicating the location of the trouble when submitting the repair request. If a trouble ticket with test results is accepted by Owest, and Owest determines that the trouble is on CLEC's or the customer's side of the Loop Demarcation Point, a Maintenance of Service charge applies. No charges shall apply if CLEC provides Owest with test results indicating trouble in Owests network and Owest April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 173 Section 9 Unbundled Network Elements confirms that such trouble is in Qwests network. In the event that Qwest reports no trouble found in its network on a trouble ticket and it is subsequently determined that the reported trouble is in Qwests network, then Qwest will waive or refund to CLEC any Maintenance of Service Charges assessed to CLEC for that same trouble ticket. If Qwest reported no trouble found in its network but, as a result of a repeat trouble, CLEC demonstrates that the trouble is in Qwests network, CLEC will charge Qwest for its costs to isolate the trouble. If CLEC elects not to perform trouble isolation and Qwest performs tests on the Unbundled Loop at CLEC's request, a Maintenance of Service charge applies. Maintenance and Repair processes are set forth in Section 12.3 of this Agreement. 9.2.5.4 Qwest will maintain detailed records of trouble reports of CLEC-ordered Unbundled Loops, comparing CLEC provided data with internal data, and evaluate such reports on at a minimum of a quarterly basis to determine the cause of Loop problems. Qwest will conduct a quarterly root cause analysis of problems associated with Loops provided to CLEC by Qwest. Based on this analysis, Qwest will take corrective measure to fix persistent and recurrent problems, reporting to CLEC on the analysis and the process changes that are instituted implemented to fix the problems. 9.2.5.5 Qwest shall allow access to the NID for testing purposes where access at the Demarcation Point is not adequate to allow testing suffcient to isolate troubles; in the event that Qwest chooses not to allow such access, it shall waive any trouble isolation charges that may otherwise be applicable. 9.2.6 Spectrum Management 9.2.6.1 Qwest will provide 2/4 Wire non-loaded Loops, ISDN-capable Loops, xDSL-I-capable Loops, DS1-capable Loops, and DS3-capable Loops (collectively referred to in this Section 9.2.6 as "xDSL Loops") in a non-discriminatory manner to permit CLEC to provide Advanced Services to its customers. Such Loops are defined herein and are in compliance with FCC requirements and guidelines recommended by the Network Reliability and Interoperability Council (NRIC) to the FCC, such as guidelines set forth in T1-417. 9.2.6.2 When ordering xDSL Loops, CLEC will provide Qwest with appropriate information using NC/NCI codes to describe the Power Spectral Density Mask (PSD) for the type of technology CLEC will deploy. If CLEC notifies Qwest that a service is significantly degrading the peiiormance of other Advanced Services or traditional voice band services on one of its facilities, within forty-eight (48) hours Qwest will provide CLEC with binder group information including cable, pair, Carrier, NC/NCI Code information and PSD class to allow CLEC to notify the causing Carrier of the problem. Such information provided by Qwest shall be considered Confidential Information pursuant to Section 5.16 of this Agreement. CLEC also agrees to notify Qwest of any change in Advanced Services technology that results in a change in spectrum management class on the xDSL Loop. Qwest agrees CLEC need not provide the speed or power at which the newly deployed or changed technology will operate if the technology fits within a generic PSD mask. 9.2.6.2.1 CLEC information provided to Qwest pursuant to Section 9.2.6.2 shall be deemed Confidential Information and Qwest may not distribute, disclose or reveal, in any form, this material other than as allowed and described in subsections of 9.2.6.2. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 174 Section 9 Unbundled Network Elements 9.2.6.2.2 The Parties may disclose, on a need to know basis only, CLEC Confidential Information provided pursuant to Section 9.2.6.2, to legal personnel, if a legal issue arises, as well as to network and growth planning personnel responsible for spectrum management functions. In no case shall the aforementioned personnel who have access to such Confidential Information be involved in Qwests retail marketing, sales or strategic planning. 9.2.6.3 If CLEC wishes to deploy new technology not yet designated with a PSD mask, Qwest and CLEC agree to work cooperatively to determine Spectrum Compatibility. Qwest and CLEC agree, as defined by the FCC, that technology is presumed acceptable for deployment when it complies with existing industry standards, is approved by a standards body or by the FCC or Commission, of if technology has been deployed elsewhere without a "significant degradation of service". 9.2.6.4 Qwest recognizes that the analog T1 service traditionally used within its network is a "known Disturber" as designated by the FCC. Qwest will place such T1 s, by whomever employed, within binder groups in a manner that minimizes interference. Where such placement is insufficient to eliminate interference that disrupts other services being provided, Qwest shall, whenever it is Technically Feasible, replace its T1 s with a technology that will eliminate undue interference problems. Qwest also agrees that any future "known Disturber" defined by the FCC or the Commission will be managed as required by FCC or Commission rules or industry standards. 9.2.6.5 If either Qwest or CLEC claims a service is significantly degrading the performance of other Advanced Services or traditional voice band services, then that Party must notify the causing Carrier and allow the causing Carrier a reasonable opportunity to correct the problem. Upon notification, the causing Carrier shaH promptly take action to bring its facilities/technology into compliance with industry standards. Upon request, within forty-eight (48) hours, Qwest will provide CLEC with binder group information including cable, pair, Carrier and PSD class to allow CLEC to notify the causing Carrier. 9.2.6.6 If CLEC is unable to isolate trouble to a specific pair within the binder group, Qwest, upon receipt of a trouble resolution request, will perform a main frame pair by pair analysis and provide results to CLEC within five (5) business days. 9.2.6.7 Intentionally Left Blank. 9.2.6.8 Qwest will not have the authority to unilaterally resolve any dispute over spectral interference among Carriers. Qwest shall not disconnect Carrier services to resolve a spectral interference dispute, except when voluntarily undertaken by the interfering Carrier or Qwest is ordered to do so by the Commission or other authorized dispute resolution body. CLEC may submit any claims for resolution under Section 5.18 of this Agreement. 9.2.6.9 Where CLEC demonstrates to Qwest that it has deployed Central Office based DSL services serving a reasonably defined area, it shall be entitled to require Qwest to take appropriate measures to mitigate the demonstrable adverse effects on such service that arise from Qwests use of repeaters or remotely deployed DSL service in that area. It shall be presumed that the costs of such mitigation wil not be chargeable to any CLEC or to any other Customer; however, Qwest shall have the right to rebut this April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 175 Section 9 Unbundled Network Elements presumption, which it may do by demonstrating to the Commission by a preponderance of the evidence that the incremental costs of mitigation would be sufficient to cause a substantial effect upon other Customers (including but not limited to CLECs securing UNEs) if charged to them. Upon such a showing, the Commission may determine how to apportion responsibility for those costs, including, but not limited to CLECs taking services under this Agreement. 9.2.7 Private line/special access circuits may be converted to Unbundled Loops subject to the terms and conditions of this Agreement, including the following criteria: 1) must be like-for-like facilities, e.g., DS1 private line to DS1 capable Unbundled Loop; 2) must originate at CLEC's Collocation site in the serving Central Office; and 3) must terminate at an end user customer's premises. The provisioning intervals for converting from private line/special access to Unbundled Loop are located in the Service Interval Guide (SIG). Additional information can be found in the Product Catalog for Unbundled Loop. 9.3 Subloop Unbundling 9.3.1 Description 9.3.1.1 An Unbundled Subloop is defined as the distribution portion of a copper Loop or hybrid Loop comprised entirely of copper wire or copper cable that acts as a transmission facility between any point that it is Technically Feasible to access at terminals in Owests outside plant (originating outside of the Central Office), including inside wire owned or controlled by Owest, and terminates at the end user customer's premises. An accessible terminal is any point on tile Loop where technicians can access the wire within the cable without removing a splice case to reach the wire within. Such points may include, but are not limited to, the pole, pedestal, Network Interface Device, minimum point of entry, single point of Interconnection, Remote Terminal, Feeder Distribution Interface (FDI), or Serving Area Interface (SAl). CLEC shall not have access on an unbundled basis to a feeder subloop defined as facilities extending from the Central Offce to a terminal that is not at the end user customer's premises or multiple tenant environment (MTE). CLEC shall have access to the feeder facilities only to the extent it is part of a complete transmission path, not a subloop, between the Central Office and the end user customer's premises or MTE. This section does not address Unbundled Dark Fiber MTE Subloop which is addressed in Section 9.7. 9.3.1.1.1 Building terminals within or physically attached to a privately owned building in a Multiple Tenant Environment (MTE) are one form of accessible terminaL. Throughout Section 9.3 the Parties obligations around such "MTE Terminals" are segregated because Subloop terms and conditions differ between MTE environments and non-MTE environments. 9.3.1.1.2 For any configuration not specifically addressed in this Agreement, the conditions of CLEC access shall be as required by the particular circumstances. These conditions include: (1) the degree of equipment separation required, (2) the need for separate cross connect devices, (3) the interval applicable to any Collocation or other provisioning requiring Owest performance or cooperation, (4) the security required to maintain the safety and reliability of the facilities of Owest and other CLECs, (5) the engineering and operations standards and practices to be applied at Owest facilities where they are also used by CLECs for Subloop element access, and (6) any other April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 176 Section 9 Unbundled Network Elements requirements, standards, or practices necessary to assure the safe and reliable operation of all Carriers' facilities. 9.3.1.1.3 Any Party may request, under any procedure provided for by this Agreement for addressing non-standard services or network conditions, the development of standard terms and conditions for any configuration(s) for which it can provide reasonably clear technical and operational characteristics and parameters. Once developed through such a process, those terms and conditions shall be generally available to any CLEC for any configuration fitting the requirements established through such process. 9.3.1.1.4 Prior to the development of such standard terms and conditions, Qwest shall impose in the six (6) areas identified in Section 9.3.1.1.2 above, only those requirements or intervals that are reasonably necessary, and shall make its determinations within ten (10) business days and shall apprise CLEC of the conditions for access. If there is a dispute regarding the conditions for access, Qwest shall attempt to accommodate access pending resolution of the specific issues in dispute. 9.3.1.1.4.1 MTE Terminals: Accessible terminals within a building in a MTE environment or accessible terminals physically attached to a building in a MTE environment. Qwest Premises located on real property that constitutes a campus environment, yet are not within or physically attached to a non-Qwest owned building, are not considered MTE Terminals. 9.3.1.1.4.2 Detached Terminals: All accessible terminals other than MTE Terminals. 9.3.1.1.5 Intentionally Left Blank. 9.3.1.2 a) b) c) d) 9.3.1.3 Standard Subloops available. Two-Wire/Four Wire Unbundled Distribution Loop Intentionally Left Blank Two-Wire/Four Wire Non-loaded Distribution Loop Intrabuilding Cable Loop Standard Subloop Access 9.3.1.3.1 Accessing Subloops in Detached Terminals: Subloop unbundling is available after a CLEC-requested Field Connection Point (FCP) has been installed within or adjacent to the Qwest accessible terminaL. The FCP is a Demarcation Point connected to a terminal block from which Cross Connections are run to Qwest Subloop elements. 9.3.1.3.2 Accessing Subloops in MTE Terminals: Subloop unbundling is available after CLEC has notified Qwest of its intention to Subloop unbundle in April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 177 Section 9 Unbundled Network Elements the MTE, during or after an inventory of CLEC's terminations has been created, and CLEC has constructed a cross connect field at the building terminaL. 9.3.1.4 Field Connection Point 9.3.1.4.1 Field Connection Point (FCP) is a Demarcation Point that allows CLEC to interconnect with Qwest outside of the Central Offce location where it is Technically Feasible. The FCP interconnects CLEC facilities to a terminal block within the accessible terminaL. The terminal block allows a technician to access and combine Unbundled Subloop elements. When a FCP is required, it must be in place before Subloop orders are processed. 9.3.1.4.2 Placement of a FCP within a Qwest Premises for the sole purpose of creating a cross connect field to support Subloop unbundling constitutes a "Cross Connect Collocation." 9.3,1.4.2.1 The terms, conditions, intervals and rates for Cross Connect Collocation are found within Section 9.3. 9.3.1.4.2.2 To the extent that CLEC places equipment in a Qwest Premises that requires power and or heat dissipation, such Collocation is governed by the terms of Section 8 and does not constitute a Cross Connect Collocation. 9.3.1.43 A FCP arrangement can be established either within a Qwest accessible terminal, or, if space within the accessible terminal is legitimately exhausted and when Technically Feasible, CLEC may place the FCP in an adjacent terminaL. CLEC will have access to the equipment placed within the Collocation for maintenance purposes. However, CLEC will not have access to the FCP Interconnection point. 9.3.1.5 MTE Point of Interconnection (MTE-POI) 9.3.1.5.1 A MTE-POI is necessary when CLEC is obtaining access to the Distribution Loop orlntrabuilding Cable Loop from an MTE TerminaL. CLEC must create the cross connect field at the building terminal that will allow CLEC to connect its facilities, to Qwests Subloops. The Demarcation Point between CLEC and Qwests faciliies is the MTE-POI. 9.3.1.6 Once a state has determined that it is Technically Feasible to unbundle Subloops at a designated accessible terminal, Qwest shall either agree to unbundle at such access point or shall have the burden to demonstrate, pursuant to the Dispute Resolution provisions of this Agreement, that it is not Technically Feasible, or that sufficient space is not available to unbundle Subloop elements at such accessible terminaL. 9.3.1.7 Intentionally Left Blank. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 178 Section 9 Unbundled Network Elements 9.3.2 Standard Subloops Available 9.3.2.1 Distribution Loops 9.3.2.1.1 Two-Wire/Four-Wire Unbundled Distribution Loop: a Qwest- provided facility from the Qwest accessible terminal to the Demarcation Point or Network Interface Device (NID) at the end user customer's location. The Two- Wire/Four-Wire Unbundled Distribution Loop is suitable for local exchange-type services. CLEC can obtain access to this Unbundled Network Element at any Technically Feasible accessible terminaL. 9.3.2.1.2 Two-Wire/Four-Wire Non-Loaded Distribution Loop: a Qwest- provided facility without load coils and excess Bridged Taps from the Qwest accessible terminal to the Demarcation Point or Network Interface Device (NID) at the end user customer's location. When CLEC requests a Non-Loaded Unbundled Distribution Loop and there are none available, Qwest will contact CLEC to determine if CLEC wishes to have Qwest unload a Loop. If the response is affrmative, Qwest will dispatch a technician to "condition" the Distribution Loop by removing load coils and excess Bridged Taps (i.e., "unload" the Loop). CLEC may be charged the cable unloading and Bridged Taps removal nonrecurring charge in addition to the Unbundled Loop installation nonrecurring charge. If a Qwest technician is dispatched and no load coils or Bridged Taps are removed, the nonrecurring conditioning charge will not apply. CLEC can obtain access to this Unbundled Network Element at any Technically Feasible accessible terminaL. - 9.3.2.1.3 Intrabuilding Cable Loop: a Qwest-provided facility from the building terminal inside a MTE to the Demarcation Point at the end user customer's premises inside the same building. This Subloop element only applies when Qwest owns the intrabuilding cable. If Qwest does not own the intrabuilding cable, CLEC has the right to access such cable directly from the property manager or owner. 9.3.2.1.4 To the extent CLEC accesses a Subloop in a campus environment from an accessible terminal that serves multiple buildings, CLEC can access the Subloop by ordering a Distribution Loop pursuant to either Section 9.3.2.1.1 or 9.3.2.1.2. A campus environment is one piece of property, owned by one (1) Person or entity, on which there are multiple buildings. 9.3.2.2 Intentionally Left Blank. 9.3.2.2.1 Intentionally Left Blank. 9.3.3 MTE Terminal Subloop Access: Terms and Conditions 9.3.3.1 Access to Distribution Loops or Intrabuilding Cable Loops at an MTE Terminal within a non-Qwest owned MTE is done through an MTE-POI. Collocation is not required to access Subloops used to access the network infrastructure within an MTE, unless CLEC requires the placement of equipment in a Qwest Premises. Cross Connect Collocation, as defined in Section 9.3, refers to creation of a cross connect field and does not constitute Collocation as defined in Section 8. The terms and conditions of April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-08Q415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 179 Section 9 Unbundled Network. Elements Section 8 do not apply to Cross Connect Collocation if required at or near an MTE. 9.3.3.2 To obtain such access, CLEC shall complete the "MTE-Access Ordering Process" set forth in Section 9.3.5.4. 9.3.3.3 The optimum point and method to access Subloop elements will be determined during the MTE Access Ordering Process. The Parties recognize a mutual obligation to interconnect in a manner that maintains network integrity, reliability, and security. CLEC may access the MTE Terminal as a test access point. 9.3.3.4 CLEC will work with the MTE building owner to determine where to terminate its facilities within the MTE. CLEC will be responsible for all work associated with bringing its facilities into and terminating the facilities in the MTE. CLEC shall seek to work with the building owner to create space for such terminations without requiring Owest to rearrange its facilities. 9.3.3.5 If there is space in the building for CLEC to enter the building and terminate its facilities without Owest having to rearrange its facilities, CLEC must seek to use such space. In such circumstances, an inventory of CLEC's terminations within the MTE shall be input into Owests systems to support Subloop orders before Subloop orders are provisioned or in conjunction with the first Subloop order in the MTE. If CLEC requires immediate access to the Subloop, then CLEC may access the Subloop element prior to the completion of the inventory per Section 9.3.5.47. Owest shall have five (5) Days from receipt of a written request from CLEC, in addition to the interval set forth in Section 9.3.5.4.1, to input the inventory of CLEC's terminations into its systems. Owest may seek an extended interval if the work cannot reasonably be completed within the stated intervaL. In such cases, Owest shall provide written notification to CLEC of the extended interval Owest believes is necessary to complete the work. CLEC may dispute the need for, and the duration of, an extended interval, in which case Owest must request a waiver from the Commission to obtain the extended interval. If CLEC submits a Subloop order before Owest inputs the inventory into its systems, Owest shall process the order in accordance with Section 9.3.5.4.1. 9.3.3.6 If CLEC connects Owests Subloop element to CLEC's facilities using any temporary wiring or cut-over devices, CLEC shall remove any remaining temporary wiring or cut-over devices and install permanent wiring within ninety (90) Days. All wiring arrangements, temporary and permanent, must adhere to the National Electric Code: 9.3.3.7 If there is no space for CLEC to place its building terminal or no accessible terminal from which CLEC can access such Subloop elements, and Owest and CLEC are unable to negotiate a reconfigured Single Point of Interconnection (SPOI) to serve the MTE, Owest will either rearrange facilities to make room for CLEC or construct a single point of access that is fully accessible to and suitable for CLEC. Owests obligation to construct a SPOI is limited to those MTEs where Owest has distribution facilities to that MTE and owns, controls, or leases the inside wire at the MTE. In addition, Owest shall have an obligation only when CLEC indicates that it intends to place an order for access to an unbundled Subloop Network Element via a SPOI. In such instances, CLEC shall pay the applicable charge, identified in Exhibit A, which shall be ICB, based on the scope of the work required. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 180 Section 9 Unbundled Network Elements 9.3.3.7.1 If Owest must rearrange its MTE Terminal to make space for CLEC, Owest shall have forty-five (45) Days from receipt of a written request from CLEC to complete the rearrangement. Owest may seek an extended interval if the work cannot reasonably be completed within forty-five (45) Days. In such cases, Owest shall provide written notification to CLEC of the extended interval Owest believes is necessary to complete the work. CLEC may dispute the need for, and the duration of, an extended interval, in which case Owest must request a waiver from the Commission to obtain an extended intervaL. 9.3.3.7.2 If Owest must construct a new detached terminal that is fully accessible to and suitable for CLEC, the interval for completion shall be negotiated between the Parties on an Individual Case Basis. 9.3.3.7.3 CLEC may cancel a request to construct an FCP or SPOI prior to Owest completing the work py submitting a written notification via certified mail to its Owest account manager. CLEC shall be responsible for payment of all costs previously incurred by Owest as well as any costs necessary to restore the property to its original condition. 9.3.3.8 At no time shall either Party rearrange the other Party's facilities within the MTE or otherwise tamper with or damage the other Party's facilities within the MTE. This does not preclude normal rearrangement of wiring or jumpers necessary to connect inside wire or intrabuilding cable to CLEC facilities in the manner described in the MTE Access Protocol. If such damage accidentally occurs, the Party responsible for the damage shall immediately notify the other and shall be financially responsible for restoring the facilities and/or service to its original condition. Any intentional damage may be reported to the proper authorities and may be prosecuted to the full extent of the law. 9.3.3.8.1 If CLEC elects to move its service to the new minimum point of entry, CLEC will perform its own cross-connect. 9.3.4 Detached Terminal Subloop Access: Terms and Conditions 9.3.4.1 Except as to access at an MTE Terminal, access to unbundled Subloop elements at an accessible terminal must be made through a Field Connection Point (FCP) in conjunction with either a Cross Connect Collocation or, if power and/or heat dissipation is required, a Remote Collocation. 9.3.4.2 To the extent that the accessible terminal does not have adequate capacity to house the network interface associated with the FCP, CLEC may opt to use Adjacent Collocation to the extent it is Technically Feasible pursuant to Section 8.1.1.6 of this Agreement. Such adjacent access shall comport with NEBS Level 1 safety standards. 9.3.4.3 Field Connection Point 9.3.4.3.1 Owest is not required to build additional space for CLEC to access Subloop elements. When Technically Feasible, Owest shall allow CLEC to construct its own structure adjacent to Owests accessible terminaL. CLEC shall obtain any necessary authorizations or rights of way required (which may April 15, 2008/1hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 181 Section 9 Unbundled Network Elements include obtaining access to Owest rights of way, pursuant to Section 10.8 of this Agreement) and shall coordinate its facility placement with Owest, when placing its facilities adjacent to Owest facilities. Obstacles that CLEC may encounter from cities, counties, electric power companies, property owners and similar third parties, when it seeks to interconnect its equipment at Subloop access points, will be the responsibility of CLEC to resolve with the municipality, utility, property owner or other third party. 9.3.4.3.2 The optimum point and method to access Sub loop elements will be determined during the Field Connection Point process. The Parties recognize a mutual obligation to interconnect in a manner that maintains network integrity, reliability, and security. 9.3.4.3.3 CLEC must identify the size and type of cable that will be terminated in the Owest FCP location. Owest will terminate the cable in the Owest accessible terminal if termination capacity is available. If termination capacity is not available, Owest will expand the FDI at the request of CLEC if Technically Feasible, all reconfiguration costs to be borne by CLEC. In this situation only, Owest shall seek to obtain any necessary authorizations or rights of way required to expand the terminaL. It will be the responsibility of Owest to seek to resolve obstacles that Owest may encounter from cities, counties, electric power companies, property owners and similar third parties. The time it takes for Owest to obtain such authorizations or rights of way shall be excluded from the time Owest is expected to provision the Collocation. CLEC will be responsible-for placing the cable from the Owest FCP to its equipment. Owest will perform all of the initial splicing at the FCP. 9.3.4.3.4 CLEC may cancel a Collocation associated with a FCP request prior to Owest completing the work by submitting a written notification via certified mail to its Owest account manager. CLEC shall be responsible for payment of all costs previously incurred by Owest. 9.3.4.3.5 If the Parties are unable to reach an agreement on the design of the FCP through the Field Connection Point Process, the Parties may utilize the Dispute Resolution process pursuant to the Dispute Resolution Section of this Agreement. Alternatively, CLEC may seek arbitration under Section 252 of the Act with the Commission, wherein Owest shall have the burden to demonstrate that there is insuffcient space in the accessible terminal to accommodate the FCP, or that the requested Interconnection is not Technically Feasible. 9.3.4.4 At no time shall either Party rearrange the other Party's facilities within the accessible terminal or otherwise tamper with or damage the other Party's facilities. If such damage accidentally occurs, the Party responsible for the damage shall immediately notify the other and shall be financially responsible for restoring the facilities and/or service to its original condition. Any intentional damage may be reported to the proper authorities and may be prosecuted to the full extent of the law. April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 182 Section 9 Unbundled Network Elements 9.3.5 Ordering/Provisioning 9.3.5.1 All Subloop Types 9.3.5.1.1 CLEC may order Subloop elements through the Operational Support Systems described in Section 12. 9.3.5.1.2 CLEC shall identify Subloop elements by NC/NCI codes. This information shall be kept confidential and used solely for spectrum management purposes. 9.3.5.2 Additional Terms for Detached Terminal Subloop Access 9.3.5.2.1 CLEC may only submit orders for Subloop elements after the FCP is in place. The FCP shall be ordered pursuant to Section 9.3.5.5. CLEC will populate the LSR with the termination information provided at the completion of the FCP process. 9.3.5.2.2 Qwest shall dispatch a technician to run a jumper between its Subloop elements and CLEC's Subloop elements. CLEC shall not at any time disconnect Qwest facilities or attempt to run a jumper between its Subloop elements and Qwests Subloop elements without specific written authorization from Qwest. 9.3.5.2.3 Once the FCP is in place, the Subloop Provisioning intervals contained in Exhibit C shall apply. 9.3.5.3'Intentionally Left Blank. 9.3.5.4 Additional Terms for MTE Terminal Subloop Access - MTE-Access Ordering Process 9.3.5.4.1 CLEC shall notify its account manager at Qwest in writing, including via email, of its intention to provide access to end user customer's that reside within a MTE. Upon receipt of such request, Qwest shall have up to ten (10) Days to notify CLEC and the MTE owner whether Qwest believes it or the MTE owner owns the intrabuilding cable. In the event that there has been a previous determination of on-premises wiring ownership at the same MTE, Qwest shall provide such notification within two (2) business days. In the event that CLEC provides Qwest with a written claim by an authorized representative of the MTE owner that such owner owns the facilities on the end user customer's side of the terminal, the preceding ten (10) Day period shall be reduced to five (5) Days from Qwests receipt of such claim. 9.3.5.4.1.1 Intentionally Left Blank. 9.3.5.4.2 If the MTE owner owns the facilities on the customer side of the terminal, CLEC may obtain access to all facilities in the building in accordance with Section 9.5 concerning access to unbundled NIDs. 9.3.5.4.3 If Qwest owns the facilities on the customer side of the terminal April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 183 Section 9 Unbundled Network Elements and if CLEC requests space to enter the building and terminate its facilities and Qwest must rearrange facilities or construct new facilities to accommodate such access, CLEC shall notify Qwest. Upon receipt of such notification, the intervals set forth in Section 9.3.3 shall begin. 9.3.5.4.4 CLEC may only submit orders for Subloop elements after the facilities are rearranged and/or a new facility constructed, if either are necessary. CLEC will populate the LSR with the termination information provided by CLEC at the completion of the inventory process except when submitting LSRsduring the creation of the inventory. 9.3.5.4.5 If CLEC orders Intrabuilding Cable Loop, CLEC shall dispatch a technician to run a jumper between its Subloop elements and Qwests Subloop elements to make a connection at the MTE-POI in accordance with the MTE Access Protocol. If CLEC ordered a Subloop type other than Intrabuilding Cable Loop, Qwest will dispatch a technician to run a jumper between CLECs Subloop elements and Qwests Subloop elements to make a connection at the MTE-POI. CLEC, at its option, may request that Qwest run the jumper for intrabuilding cable in MTEs when the inventory is done and a complete LSR has been submitted. 9.3.5.4.5.1 When CLEC accesses a MTE Terminal, it shall employ generally accepted best engineering practices in accordance with industry standards. CLEC shall clearly label the cross connect wires it uses. CLEC wiring will be neatly dressed. When CLEC accesses Subloops in MTE Terminals, it shall adhere to Qwests Standard MTE Access Protocol unless the Parties have negotiated a separate document for such Subloop access. If CLEC requests a MTE Access Protocol that is different from Qwests Standard MTE Access Protocol, Qwest shall negotiate with CLEC promptly and in good faith toward that end. 9.3.5.4.6 Once inventory is complete and, if necessary, the facilities are rearranged and or a new facility constructed and when Qwest runs the jumper, the Subloop Provisioning intervals contained in Exhibit C shall apply. 9.3.5.4.7 For access to Qwests on-premises MTE wire as a Subloop element, CLEC shall be required to submit an LSR, but need not include thereon the circuit-identifying information or await completion of LSR processing by Qwest before securing such access. Qwest shall secure the circuit-identifying information, and will be responsible for entering it on the LSR when it is received. Qwest shall be entitled to charge for the Subloop element as of the time of LSR submission by CLEC. 9.3.5.5 FCP Ordering Process 9.3.5.5.1 CLEC shall submit a Field Connection Point Request Form to Qwest along with its Collocation Application. The FCP Request Form shall be completed in its entirety. 9.3.5.5.2 After construction of the FCP and Collocation are complete, CLEC will be notified of its termination location, which will be used for ordering Subloops. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 184 Section 9 Unbundled Network Elements 9.3.5.5.2.1 The following constitute the intervals for provisioning Collocation associated with a FCP, which intervals shall begin upon completion of the FCP Request Form and its associated Collocation Application in their entirety: 9.3.5.5.2.1.1 Any Remote Collocation associated with a FCP in which CLEC will install equipment requiring power and/or heat dissipation shall be in accordance with the intervals set forth in Section 8.4. 9.3.5.5.2.1.2 A Cross Connect Collocation in a detached terminal shall be provisioned within ninety (90) Days from receipt of a written request by CLEC. 9.3.5.5.2.1.3 If Owest denies a request for Cross Connect Collocation in a Owest Premises due to space limitations, Owest shall allow CLEC representatives to inspect the entire Premises escorted by Owest personnel within ten (10) Days of CLECs receipt of the denial of space, or a mutually agreed upon date. Owest will review the detailed space plans (to the extent space plans exist) for the Premises with CLEC during the inspection, including Owest reserved or optioned space. Such tour shall be without charge to CLEC. If, after the inspection of the Premises, Owest and CLEC disagree about whether space limitations at the Premises make Collocation impractical, Owest and CLEC may present their arguments to the Commission. In addition, if after the fact it is determined that Owest has incorrectly identified the space limitations, Owest will honor the original Cross Connect Collocation Application date for determining RFS unless both Parties agree to a revised date. 9.3.5.5.2.1.4 Payment for the remaining nonrecurring charges shall be upon the RFS date. Upon completion of the construction activities and payment of the remaining nonrecurring charge, Owest will schedule with CLEC an inspection of the FCP with CLEC if requested. Upon completion of the Acceptance inspection, CLEC will be provided the assignments and necessary ordering information. With prior arrangements, CLEC can request testing of the FCP at the time of the Acceptance inspection. If Owest, despite its best efforts, including notification through the contact number on the Cross Connect Collocation Application, is unable to schedule the Acceptance inspection with CLEC within twenty-one (21) Days of the RFS, Owest shall activate the applicable charges. 9.3.5.5.2.1.5 Owest may seek extended intervals if the work cannot reasonably be completed within the set intervaL. In such cases, Owest shall provide written notification to CLEC of the extended interval Owest believes is necessary to complete the work. CLEC may dispute the need for and the duration of, an extended interval, in which case Owest must request a waiver April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 185 Section 9 Unbundled Network Elements from the Commission to obtain an extended intervaL. 9.3.6 Rate Elements Exhibit A provides recurring and nonrecurring rates for Subloop and also provides Miscellaneous Charges. 9.3.6.1 All Subloop Types 9.3.6.1.1 Recurring Charges - CLEC will be charged monthly recurring charges for each Subloop. 9.3.6.1.2 Nonrecurring Charges - One-time charges apply for specific work activities associated with installation of each Subloop. 9.3.6.2 Intentionally Left Blank. 9.3.6.3 Additional Rate Elements for Detached Terminal Subloop Access 9.3.6.3.1 Cross Connect Collocation Charge: CLEC shall pay the full nonrecurring charge for creation of a Cross Connect Collocation upon submission of the Collocation Application. The FCP Request Form shall not be considered complete until complete payment is submitted to Qwest, as described in Section 8.1.1.8.1. 9.3.6.3.2 Any Remote Collocation associated with a FCP in which CLEC will install equipment requiring power and/or heat dissipation shall be charged for in accordance with the rate elements set forth in Section 8. 9.3.6.3.3 Subloop Nonrecurring Jumper Charge: CLEC will be charged a nonrecurring basic installation charge for Qwest running jumpers within the accessible terminal for each Subloop ordered by CLEC. 9.3.6.4 Additional Rate Elements for MTE Terminal Subloop Access 9.3.6.4.1 CLEC will be charged the Subloop MTE - POI Site Inventory nonrecurring charge for Qwest to complete an inventory of CLEC's facilities within the MTE such that Subloop orders can be submitted and processed. 9.3.6.4.2 CLEC will be charged the MTE - POI Rearrangement of Facilities nonrecurring charge for Qwest to complete a rearrangement of facilities to make room for an MTE for CLEC. 9.3.6.4.3 CLEC will be charged the MTE - POI Construction of New SPOI nonrecurring charge for Qwest to construct a new MTE SPOI for CLEC. 9.3.6.5 Nonrecurring charges apply for conditioning for Distribution Subloop. 9.3.6.6 All miscellaneous services as described in Section 9.1.12 are available with Subloop. Miscellaneous Charges apply for miscellaneous services. April 15, 2008/1hd/XO CommunicationsllD/Agreement Number CDS-080415-u003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 186 Section 9 Unbundled Network Elements 9.3.7 Repair and Maintenance 9.3.7.1 Detached Terminal Subloop Access: Owest will maintain all of its facilities and equipment in the accessible terminal and CLEC will maintain all of its facilities and equipment in the accessible terminaL. 9.3.7.2 MTE Terminal Subloop Access: Owest will maintain all of its facilities and equipment in the MTE and CLEC will maintain all of its facilities and equipment in the MTE. 9.4 Intentionally Left Blank 9.5 Network Interface Device (NID) 9.5.1 Description The Owest NID is defined as any means of Interconnection of on-premises wiring and Owests distribution plant, such as a cross connect device used for that purpose. Specifically, the NID is a single line termination device or that portion of a multiple line termination device required to terminate a single line or circuit at a premises. If CLEC seeks to access a NID as well as a Subloop connected. to that NID, it may do so only pursuant to Section 9.3. If CLEC seeks to access only a NID (i.e., CLEC does not wish to access a Subloop connected to that NID), it may only do so pursuant to this Section 9.5. Owest shall permit CLEC to connect its own Loop facilities to on-premises wiring through Owests NID, or at any other Technically Feasible point. The NID carries with it all features, functions aRd capabilities of the facilities used to connect the Loop distribution plant to the end user customer's premises wiring, including access to the Cross Connection field, regardless of the particular design of the NID mechanism. Although the NID provides the connection to the end user customer's premises wiring, it may not represent the Demarcation Point where Owest ownership or control of the intra-premises wiring ends. The NID contains a protective ground connection that protects the end user customer's on- premises wiring against lightning and other high voltage surges and is capable of terminating media such as twisted pair cable. If CLEC orders Unbundled Loops on a reuse basis, the existing drop and Owests NID, as well as any on premises wiring that Owest owns or controls, will remain in place and continue to carry the signal over the end user customer's on-premises wiring to the end user customer's equipment. Notwithstanding the foregoing, an Unbundled Loop and any Subloop terminating at a NID shall include the existing drop and the functionality of the NID as more specifically set forth in Section 9.2. The NID is offered in three (3) varieties: 9.5.1.1 Simple NID - The modular NID is divided into two (2) components, one containing the over-voltage unit (protector) and the other containing the end user customer's on-premises inside wiring termination, and a modular plug which connects the inside wire to the distribution plant or dial tone source. The non-modular NID is a protector block with the inside wire terminated directly on the distribution facilities. 9.5.1.2 Smart NID - To the extent Owest has deployed "smart" devices in general meaning a terminating device that permits the service provider to isolate the Loop facility from the premises wiring for testing purposes, and such devices have spare functioning capacity not currently used by Owest or any other provider, Owest shall provide unbundled access to such devices. Owest shall also continue to allow CLEC, at its option, to use all features and functionality of the Owest NID including any protection mechanisms, test capabilities, or any other capabilities now existing or as they may exist April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 187 Section 9 Unbundled Network Elements in the future regardless of whether or not CLEC terminates its own distribution facility on the NID. 9.5.1.3 Multi-Tenant (MTE) NID - The MTE NID is divided into two (2) functional components: one containing the over-voltage unit (protector) and the other containing the terminations of the on-premises inside wiring. Such devices contain the protectors for, and may be located externally or internally to the premises served. 9.5.1.4 Intentionally Left Blank. 9.5.2 Terms and Conditions 9.5.2.1 CLEC may use the existing Qwest NID to terminate its drop if space permits, otherwise a new NID or other Technically Feasible Interconnection point is required. If CLEC installs its own NID, CLEC may connect its NID to the Qwest NID by placing a cross connect between the two. When Provisioning a NID-to-NID connection, CLEC will isolate the Qwest facility in the NID by unplugging the modular unit. If CLEC requires that a non-modular unit be replaced with a modular NID, Qwest will perform the replacement for the charge described in Section 9.5.3.1. If CLEC is a facilities-based provider up to and including its NID, the Qwest facility currently in place, including the NID, will remain in place. 9.5.2.1.1 Qwest shall allow CLEC to connect its Loops directly to the NID field containing the terminations of the on-premises inside wiring not owned or controlled by Qwest, without restriction. Where Qwest does not own or control the on-premises inside wiring, CLEC and the landowner shall determine procedures for such access. 9.5.2.1.2 Qwest shall allow CLEC to use all features and functionality of the Qwest NID including any protection mechanisms, test capabilities, or any other capabilities now existing or as they may exist in the future. 9.5.2.1.3 Pursuant to generally acceptable work practices, and provided the inside wire re-termination is required to meet service requirements of either Parties' end user customer, either Party may remove the inside wire from the NID and connect that wire to that Party's own NID. Future installation of Qwest NIDs will be such that it will not unnecessarily impede access to the end user customer's wiring. 9.5.2.1.4 CLEC may enter the subscriber access chamber or end user customer side of a dual chamber NID enclosure for the purpose of NID-to-NID connections. 9.5.2.1.5 Upon CLEC request, Qwest will make other rearrangements to the inside wire terminations or terminal enclosure. Charges will be assessed per Section 9.5.3.4. No such charge shall be applicable if Qwest initiates the rearrangement of such terminations. In all such instances, rearrangements shall ~be performed in a non-discriminatory fashion and timeframe and without an end user customer's perceivable disruption in service. Qwest will not make any rearrangements of wiring that is provided by another Carrier that relocates the other Carrier's test access point without notifying the affected Carrier promptly April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 188 Section 9 Unbundled Network Elements after such rearrangement if CLEC has properly labeled its cross connect wires. 9.5.2.2 Qwest will retain sole ownership of the Qwest NID and its contents on Qwests side. Qwest is not required to proactively conduct NID change-outs, on a wide scale basis. At CLEC's request, Qwest will change the NID on an individual request basis by CLEC and charges will be assessed per Section 9.5.3.5 except where Section 9.5.5.1 applies. Qwest is not required to inventory NID locations on behalf of CLEC. 9.5.2.3 When CLEC accesses a Qwest NID, it shall employ generally accepted best engineering practices and comply with industry standards should such standards exist when it physically connects its NID (or equivalent) to the Qwest NID and makes Cross Connections necessary to provide service. At MTE NIDs, CLEC shall clearly label the cross connect wires it uses to provide service. Qwest shall label its terminals when a technician is dispatched. 9.5.2.4 All services fed through a protector field in a Qwest NID located inside a building will interface on an industry standard termination block and then extend, via a Cross Connection to the end user customer's in-premises wiring. All services fed through a protector field in a Qwest NID that is attached to a building will interface on industry standard lugs or a binding post type of termination and then extend, via a Cross Connection, to the end user customer's on-premises wiring. 9.5.2.5 If so requested by CLEC, Qwest shall allow CLEC to connect its Loops directly to the protector field at Qwest NIDs that have unused protectors and are not used by Qwest or any other Telecommunications Carrier to provide sel"ice to the premises. If CLEC accesses the Qwest protector field, it shall do so on the distribution side of the protector field only where spare protector capacity exists. In such cases, CLEC shall only access a Qwest NID protector field in cable increments appropriate to the NID. If twenty-five (25) or more metallic cable pairs are simultaneously terminated at theMTE NID, additions must be in increments of twenty-five (25) additional metallic pairs. In all cases, Telecommunications cables entering a Qwest NID must be terminated in compliance with FCC 88-57, section 315 of the National Electric Safety Code and section 800.30 of the National Electric Code. 9.5.3 Rate Elements Exhibit A provides recurring and nonrecurring rates for access or modifications to an existing NID, and Exhibit A also provides Miscellaneous Charges. 9.5.3.1 If CLEC requests the current simple NID be replaced with a different simple NID, pursuant to Section 9.5.2.1, additional labor - other Miscellaneous Charges will be assessed with CLEC paying only for the portion of the change-out that is specific to and for the functionality that supports CLEC requirements. 9.5.3.2 Recurring rates apply for unbundled access to the protector field in a Qwest NID, pursuant to Section 9.5.2.5. As of the Effective Date of this Agreement, Qwest has not implemented charges for this recurring rate element, but reserves the right to assess such a charge in the future. 9.5.3.3 When CLEC requests that Qwest perform the work to connect its NID to the Qwest NID, the costs associated with Qwest performing such work wil be charged to April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 189 Section 9 Unbundled Network Elements CLEC as additional labor - other Miscellaneous Charges. 9.5.3.4 When Owest makes rearrangements to the inside wire terminations or terminal enclosure pursuant to Section 9.5.2.1.5, charges will be assessed as additional labor - other Miscellaneous Charges. 9.5.3.5 CLEC will be charged for any change-out Owest performs pursuant to Section 9.5.2.2. CLEC will be billed only for the portion of the change-out that is specific to CLEC's request for modified/additional capacity. Charges will be assessed as additional labor - other Miscellaneous Charges. 9.5.4 Ordering Process 9.5.4.1 Intentionally Left Blank. 9.5.4.2 CLEC may access a MTE NID after determining that the terminal in question is a NID, per the process identified in Section 9.3. If the terminal is a NID and CLEC wishes to access the end user customer field of the NID, no additional verification is needed by Owest. CLEC shall tag its jumper wire. 9.5.4.2.1 When CLEC seeks to connect to a cross connect field other than to the end user customer field of the NID, CLEC shall submit a LSR for connection to the NID. Owest shall notify CLEC, within ten (10) business days, if the connection is not Technically Feasible. In such cases, Owest shall inform CLEC of the. basis for its claim of technical infeasibility and, at the same time, identify all alternative points of connection that Owest would support. CLEC shall have the option of employing the alternative terminal or disputing the claim of technical infeasibility pursuant to the Dispute Resolution provisions of this Agreement. No additional verification is needed by Owest and CLEC shall tag its jumper wire. 9.5.4.3 Subject to the terms of Section 9.5.4.2, CLEC may perform a NID-to-NID connection, according to Section 9.5.2.3, and access the end user customer field of the NID without notice to Owest. CLEC may access the protector field of the NID by submitting a LSR. 9.5.5 Maintenance and Repair 9.5.5.1 If Owest is dispatched to an end user customer's location on a maintenance issue and finds the NID to be defective, Owest will replace the defective element or, if beyond repair, the entire device at no cost to CLEC. If the facilities and lines have been removed from the protector field or damaged by CLEC, CLEC will be responsible for all costs associated with returning the facilities and lines back to their original state. This work is billed to CLEC as additional labor - other Miscellaneous Charges. Maintenance and Repair processes are contained in the Access to ass Section of this Agreement. 9.6 Unbundled Dedicated Interoffice Transport (UDIT) Owest shall provide access to Unbundled Dedicated Interoffice Transport (UDIT) in a non- discriminatory manner according to the following terms and conditions. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 190 Section 9 Unbundled Network Elements 9.6.1 Description 9.6.1.1 Unbundled Dedicated Interoffice Transport (UDIT) provides CLEC with a Network Element of a single transmission path between Owest Wire Centers in the same LATA and state. UDIT provides a path between one (1) of CLEC's Collocations in one (1) Owest Wire Center and a different one of CLEC's Collocations in another Owest Wire Center. UDIT is a distance-sensitive, flat-rated bandwidth-specific interoffice transmission path designed to a DSX in each Owest Wire Center. UDIT is available in DSO through DS3 bandwidths: CLEC can assign channels and transport its choice of voice or data. Specifications, interfaces and parameters are described in Owest Technical Publication 77389. 9.6.1.2 Intentionally Left Blank. 9.6.1.3 Intentionally Left Blank. 9.6.2 Terms and Conditions 9.6.2.0 Intentionally Left Blank. 9.6.2.0.1 Owest shall unbundle DS1transport between any pair of Owest Wire Centers except where, through application of "Tier" classificati~ms, as defined in Section 4 of this Agreement, both Wire Centers defining the Route are Tier 1 Wire Centers. As such, Owest must unbundle DS1 transport if a Wire Center at either end of a requested Route is not a Tier 1 Wire Center, or if neither is a Tier 1 Wire Center. 9.6.2.0.1.1 On Routes for which no unbundling obligation for DS3 dedicated transport circuits exists, CLEC may obtain a maximum of ten (10) unbundled DS1 Dedicated Transport circuits on each Route where DS1 dedicated transport is available on an unbundled basis. 9.6.2.0.2 Owest shall unbundle DS3 transport between any pair of Owest Wire Centers except where, through application of "Tier" classifications, as defined in Section 4 of this Agreement, both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire Centers. As such, Owest must unbundle DS3 transport if a Wire Center on either end of a requested Route is a Tier 3 Wire Center. 9.6.2.0.2.1 CLEC may obtain a maximum of twelve (12) unbundled DS3 dedicated transport circuits on each Route where DS3 dedicated transport is available on an unbundled basis. 9.6.2.0.3 Intentionally Left Blank. 9.6.2.0.4 All services provided in this Section 9.6 are subject to the Ratcheting criteria as provided in Section 9.1.1.9 of this Agreement. 9.6.2.0.5 All services provided in this Section 9.6, when combined with high capacity Loops, are subject to the Service Eligibility Criteria as provided in Section 9.1.1.10 of this Agreement. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-08Q415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 191 Section 9 Unbundled Network Elements 9.6.2.1 To the extent that CLEC is ordering access to a UNE Combination, and Cross Connections are necessary to combine UNEs, Owest will perform requested and necessary Cross Connections between UNEs in the same manner that it would perform such Cross Connections for its end user customers or for itself. If not ordered as a combination, CLEC is responsible for performing Cross Connections at its Collocation or other mutually determined Demarcation Point between UNEs and ancillary or Finished Services, and for transmission design work including regeneration requirements for such connections. Such Cross Connections will not be required of CLEC when CLEC orders a continuous UDIT element from one point to another. 9.6.2.2 Intentionally Left Blank. 9.6.2.3 With the exception of combinations provided through the UNE Combinations Section 9.23, CLEC may utilize any form of Collocation at both ends of the UDIT. Owests design will ensure the cable between the Owest-provided active elements and the DSX will meet the proper signal level requirements. Channel regeneration will not be charged for separately for Interconnection between a Collocation space and Owests network. Cable distance limitations are based on ANSI Standard T1.102.1993 "Digital Hierarchy - Electrical Interface; Annex B." 9.6.2.4 Intentionally Left Blank. 9.6.2.5 Intentionally Left Blank. 9.6.2.6 Intentionally Left Blank. 9.6.2.7 Intentionally Left Blank. 9.6.2.8 Intentionally Left Blank. 9.6.2.9 Upon CLEC request, Owest will convert special access or private line circuits to UDIT, provided the service originates at CLEC's Collocation in the Serving Wire Center. 9.6.3 Rate Elements Exhibit A provides recurring and nonrecurring rates for UDIT and also provides Miscellaneous Charges. 9.6.3.1 DS1 UDIT includes the following rate elements: a) DS1 Transport Termination (Fixed) Rate Element. This recurring rate element provides a 1.544 Mbps termination at a DSX or DCS. In addition to the fixed rate element, a per-mile rate element, as described below, also applies. b) DS1 Transport Facilities (Per Mile) Rate Element. This recurring rate element provides a transmission path of 1.544 Mbps between Owest Wire Centers. This is a mileage sensitive element based on the V&H coordinates of the DS1 UDIT. The mileage is calculated between the originating and terminating Owest Wire Centers. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 192 9.6.3.2 9.6.3.3 9.6.3.4 9.6.3.5 9.6.3.6 Section 9 Unbundled Network Elements c) Intentionally Left Blank. d) DS1 Nonrecurring Charge. One-time charges apply for a specific work activity associated with installation of the DS1 service. e)Intentionally Left Blank. DS3 UDIT rates include the following rate elements: a) DS3 Transport Termination (Fixed) Rate Element. This recurring rate element provides a 44.736 Mbps termination. In addition to the fixed rate element, a per-mile rate element, as described below, also applies. b) DS3 Transport Facilities (Per Mile) Rate Element. This recurring rate element provides an interoffice transmission path of 44.736 Mbps between Owest Wire Centers. This is a mileage sensitive element based on the V&H coordinates of the DS3 UDIT. The mileage is calculated between the originating and terminating Owest Wire Centers. c) Intentionally Left Blank. d) DS3 Nonrecurring Charge. One-time charges apply for a specific work activity associated with installation of the DS3 service. e)Intentionally Left Blank. DSO UDIT includes the following rate elements: a) DSO Transport Termination (Fixed). This recurring rate element provides a 64 Kbps termination. In addition to the fixed rate element, a per-mile rate element, as described below, also applies. b) DSO Transport Facilities (Per Mile). This recurring rate element provides a transmission path of 64 Kbps between Owest Wire Centers. This is a mileage sensitive element based on the V&H coordinates of the DSO UDIT. The mileage is calculated between the originating and terminating Owest Wire Centers. c) DSO Nonrecurring Charges. One-time charges apply for a specific work activity associated with installation of the DSO service. d) Low Side Channelization. Recurring charges apply for low side multiplexed channel cards and settings at each end of the DSO UDIT. Intentionally Left Blank. Intentionally Left Blank. 9.6.3.5.1 Intentionally Left Blank. Nonrecurring charges apply for rearrangements of UDIT. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 193 Section 9 Unbundled Network Elements 9.6.3.7 Intentionally Left Blank. 9.6.3.8 Intentionally Left Blank. 9.6.3.9 The following miscellaneous services, as described in Section 9.1.12, are available with UDIT and are specified in Exhibit A. Miscellaneous Charges apply for the following miscellaneous services. a)Additional labor - other b)Cancellation c)Design Change d)Dispatch e)Expedite f)Maintenance of Service. 9.6.3.10 A nonrecurring charge is applied to the conversion of an existing private line/Special Access circuit to UDIT. 9.6.4 Ordering Process 9.6.4.1 Ordering processes and installation intervals are as follows: 9.6.4.1.1 UDIT is ordered via the Access Service Request (ASR) process. Ordering processes are contained in the Access to ass Section of this Agreement. 9.6.4.1.2 Intentionally Left Blank. 9.6.4.1.3 The interval will start when Owest receives a complete and accurate ASR. This date is considered the start of the installation interval if the order is received prior to 3:00 p.m. The installation interval will begin on the next business day for service requests received after 3:00 p.m. The installation intervals have been established and are set forth in Exhibit C, Section 2.0 of this Agreement. 9.6.4.1.4 Subsequent changes to the quantity of services on an existing order will require a revised order. 9.6.4.1.5 An order may be canceled any time up to and including the Due Date/Service Date. Cancellation Miscellaneous Charges apply for such cancellations except when: a) The original Due Date or CLEC-initiated subsequent Due Date was, or CLEC has been notified by Owest that such Due Date will be, delayed ten (10) business days or longer; or b) The original Due Date has been scheduled later than the April 15,2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 194 Section 9 Unbundled Network Elements expiration of the standard interval set forth in Exhibit C and CLEC cancels its order no later than ten (10) days before such original Due Date. 9.6.4.1.6 Definitions of the most common critical dates that occur during the ordering and installation process are included in the Definitions Section of this Agreement. 9.6.4.2 UDIT is ordered with basic installation. Owest will install the UDIT extending connections to CLEC Demarcation Point and will notify CLEC when the work activity is complete. 9.6.4.3 Intentionally Left Blank. 9.6.4.4 Intentionally Left Blank. 9.6.4.5 Owest will perform industry standard tests, set forth in Technical Publication 77389, when installing UDIT service. 9.6.4.6 To convert an existing private line/special access circuit to UDIT, CLEC must submit two (2) ASRs to change the circuit identification, Network Channel Interface Code (NCI) and billing. 9.6.4 7 CLEC will submit an Access Service Request (ASR) for rearrangement including appropriate termination information (e.g., Connecting Facility Assignment (CFA) or Network Channel Codes/Netw.ork Channel Interface Codes (NC/NCI) codes). 9.6.5 Maintenance and Repair 9.6.5.1 The Parties will perform cooperative testing and trouble isolation to identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC and Owest Cross Connections will be repaired by Owest. Maintenance and Repair processes are contained in the Access to ass Section of this Agreement. 9.6.6 Rearrangement 9.6.6.1 CLEC can submit requests through the ASR process to move or rearrange UDIT terminations on CLEC's Demarcation Point or to change UDIT options. These rearrangements are available through a single Wire Center or dual Wire Center request. Single Wire Center rearrangements are limited to the change in options or movement of terminations within a single Wire Center. Dual Wire Center rearrangements are used to change options or movement of terminations in two (2) Wire Centers. Rearrangement is only available for in-place and working UDITs. 9.6.6.2 The rearrangement of terminations or option changes are completed as an "uncoordinated change" (basic request) and will be completed within the normal intervals outlined in Exhibit C. If CLEC desires a coordinated rearrangement of terminations or options changes, additional labor installation as identified in Exhibit A shall apply. 9.6.6.3 CLEC will submit an ASR with the rearrange usac and appropriate termination information (e.g., CFA) or NC/NCI codes (Network Channel Codes/Network Channel Interface Codes). April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 195 Section 9 Unbundled Network Elements 9.7 Unbundled Dark Fiber Dedicated dark fiber shall be made available to CLEC on an unbundled basis as set forth below. Dark fiber transport consists of unactivated optical interoffce transmission facilities. 9.7.1 Description Unbundled Dark Fiber (UDF) is a deployed, unlit strand or strands of fiber that connects two (2) Wire Centers within Qwests network within the same LATA or state. UDF exists in two (2) distinct forms: (a) UDF interoffice facility (UDF-IOF), which constitutes a deployed route between two (2) Qwest Wire Centers; and (b) UDF MTE Subloop that begins at or near an MTE premises to provide access to MTE premises wiring. Deployed Dark Fiber facilities shall include all local exchange Dark Fiber Qwest owns directly or to which it has a right to access under agreements with any other party affliated or not, that do not prohibit Qwests ability to provide access to another Person or entity. Deployed Dark Fiber facilities shall not be limited to facilities owned by Qwest, but will include in place and easily called into service fa'cilities to which Qwest has otherwise obtained a right of access, including but not limited to capitalized Indefeasible Right to Use (IRUs) or capitalized leases. Qwest shall not be required to extend access in a manner that is inconsistent with the restrictions and other terms and conditions that apply to Qwests access; however, in the case of access obtained from an Affiliate: (a) the actual practice and custom as between Qwest and the Affiliate shall apply, in the event that it provides broader access than does any documented agreement that may exist, and (b) any terms restricting access by CLEC that are imposed by the agreement with the Affiliate (excluding good-faith restrictions imposed by any agreement with a third party from whom the Affliate has gained rights of access) shall not be applied to restrict CLEC access. 9.7.2 Terms and Conditions 9.7.2.0 Qwest shall unbundle dark fiber transport between any pair of Qwest Wire Centers except where, through application of "Tier" classifications described in Section 4 of this Agreement, both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire Centers. As such, Qwest must unbundle dark fiber transport if a Wire Center on either end of a requested Route is a Tier 3 Wire Center. 9.7.2.0.1 Intentionally Left Blank. 9.7.2.1 Qwest will provide CLEC with non-discriminatory access to UDF in accordance with Section 9.1. Qwest will provide UDF of substantially the same quality as the fiber facilities that Qwest uses to provide retail service to its own end user customers. 9.7.2.2 Qwest provides access to unbundled Dark Fiber at: 9.7.2.2.1 Accessible terminations such as fiber distribution panels. 9.7.2.2.2 A point of technically feasible access is any point in Qwests outside plant at or near an MTE premises where a technician can access the wire or fiber within the cable without removing a splice case to reach the wire or fiber within to access the wiring in the MTE premises. Such points include, but are not limited to, a pole or pedestal, the network interface device, the minimum point of entry, the single point of interconnection, and the feeder/distribution interface. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 196 Section 9 Unbundled Network Elements 9.7.2.2.3 CLEC may request placement of a FOP at any multi-tenant building, where the facility between the terminal and the end-user belongs to Owest, in order to access unterminated UDF pursuant to Section 9.19. 9.7.2.3 Owest will provide CLEC with access to deployed Dark Fiber facilities. CLEC shall be responsible for obtaining and connecting electronic equipment, whether light generating or light terminating equipment, to the Dark Fiber at both ends, provided that if CLEC requests Owest to obtain and connect the electronic equipment, Owest will follow the requirements of Section 9.19 in deciding whether or not to build the facilities for CLEC. 9.7.2.4 Owest will provide Unbundled Dark Fiber to CLEC in increments of one (1) or two (2) strands. CLEC may obtain up to twenty-five percent (25%) of availableDark Fibers or four (4) Dark Fiber strands, whichever is greater, in each fiber cable segment over a twelve (12) month period. Before CLEC may order additional UDF on such fiber cable segment, CLEC must demonstrate efficient use of existing fiber in each cable segment. Effcient use of interoffce cable segments is defined as providing a minimum of OC-12 termination on each fiber pair. Effcient use of UDF MTE Subloop fiber is defined as providing a minimum of OC-3 termination on each fiber pair. CLEC may designate five percent (5%) of its fibers along a fiber cable segment, or two (2) strands, whichever is greater, for maintenance spare, which fibers or strands are not subject to the termination requirements in this paragraph. 9.7.2.5 Owest shall not have an obligation to unbundle Dark Fiber in the following circumstances: a) Owest will not unbundle Dark Fiber that Owest utilizes for maintenance or reserves for maintenance spare for Owests own use. Owest shall not reserve more than five percent (5%) of the fibers in a sheath, or two (2) strands, whichever is greater, for maintenance or maintenance spare for Owests own use. b) Owest will not be required to unbundle Dark Fiber if Owest demonstrates to the Commission by a preponderance of the evidence that such unbundling would create a likely and foreseeable threat to its ability to meet its Carrier of last resort obligations as established by any regulatory authority. Owest shall initiate such proceeding within seven (7) Days of denying CLEC's request (by written notice) to unbundle Dark Fiber where such fiber is available. In this proceeding, Owest shall not object to using the most expeditious procedure available under state law, rule or regulation. Owest shall be relieved of its unbundling obligations, related to the specific Dark Fiber at issue, pending the proceeding before the Commission. If Owest fails to initiate such pending proceeding within such seven (7) Day period, CLEC's request to unbundle Dark Fiber shall be reinstated and the ordering and Provisioning processes of Section 9.7.3 shall continue. 9.7.2.6 Owest will provide CLEC with access to the deployed Dark Fiber in its network in either single-mode. During the inquiry process, Owest will inform CLEC of the availability of single-mode. April 15, 2008/1hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 197 Section 9 Unbundled Network Elements 9.7.2.7 Specifications, interfaces and parameters for Dark Fiber are described in Owests Technical Publication 77383. 9.7.2.8 Owest. CLEC is responsible for trouble isolation before reporting trouble to 9.7.2.9 Intentionally Left Blank. 9.7.2.10 Upon thirty (30) Days notification to CLEC, Owest may initiate a proceeding to reclaim Dark Fiber strands from CLEC that were not serving end user customers at the time of Owests notice to CLEC. In such proceeding, Owest shall have the burden to prove that Owest needs such fiber strands in order to meet its Carrier of last resort obligations as established by any regulatory authority. In such proceeding, CLEC shall not object to using the most expeditious procedure available under state law, rule or regulation. CLEC shall be entitled to retain such strands of UDF for any purpose permitted under this Agreement pending the proceeding before the Commission; provided, however, that such use shall be at CLEC's sole risk of any reclamation approved by the Commission, including the risk of termination of service to end user customers. CLEC may designate five percent (5%) of its fibers along a fiber cable segment, or two (2) strands, whichever is greater, for maintenance spare, which fibers or strands are not subject to the reclamation requirements in this paragraph. 9.7.2.11 Intentionally Left Blank. 9.7.2.12 CLEG must have established Collocation or other Technically Feasible means of network demarcation pursuant to Section 9.1.4 of this Agreement at both terminating points of the UDF-IOF. No Collocation is required in intermediate Wire Centers within a UDF or at Wire Centers where CLEC's UDFs are cross connected. CLEC has no access to UDF at those intermediate Wire Centers. 9.7.2.12.1 CLEC-to-CLEC connections with UDF for the mutual exchange of traffic is permissible pursuant to the provisions in Section 9.7. 9.7'.2.13 CLEC is responsible for all work activities at the MTE premises. All negotiations with the premises end user customer and or premises owner are solely the responsibility of CLEC. 9.7.2.14 Intentionally Left Blank. 9.7.2.15 Access to Dark Fiber MTE Subloops at or near an MTE Terminal within a non-Owest owned MTE is done through an MTE-POI. Collocation is not required to access MTE Subloops. 9.7.2.16 CLEC will incur all costs associated with disconnecting the UDF from its side of the network Demarcation Point. 9.7.2.17 Owest and CLEC will jointly participate in continuity testing within the Provisioning interval established in Exhibit C. Owest and CLEC must coordinate on the date and time for this continuity testing. As part of their respective duties regarding this continuity test, Owest shall furnish a light detector at one (1) termination point of the UDF, and CLEC shall furnish light generating equipment at the other termination point of April 15, 200811hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 198 Section 9 Unbundled Network Elements the UDF as described below: 9.7.2.17.1 CLEC may identify on its order the Wire Center at which Qwest must provide a light detector and the Wire Center at which CLEC will provide light generating equipment. If CLEC does not identify the Wire Center on its order, Qwest and CLEC shall mutually agree on the Wire Center at which CLEC will provide the light generating equipment. 9.7.2.17.2 Intentionally Left Blank. 9.7.2.17.3 Intentionally Left Blank. 9.7.2.18 If, within ten (10) Days of the date Qwest provisioned an order for UDF, CLEC demonstrates that the UDF pair(s) provisioned over requested route do not meet the minimum parameters set forth in Technical Publication 77383, and if the trouble is in the Qwest UDF facility, not due to fault on the part of CLEC, then Qwest will at no additional cost, attempt to repair the UDF as it relates to Qwest cross connects and jumpers. If Qwest cannot repair the UDF to the minimum parameters set forth in Technical Publication 77383, Qwest will replace the UDF if suitable UDF pair(s) are available, at no additional nonrecurring charge. If Qwest cannot replace the UDF upon receipt of CLEC's disconnect order, Qwest will refund the nonrecurring charges associated with the Provisioning excluding IRI, FVQP and Field Verification and no recurring charges will apply. 9.7.2.19 Intentionally Left Blank. 9.7.2.20 Intentionally Left Blank. 9.7.3 Ordering Processes Ordering processes and installation intervals are as follows: 9.7.3.1 The first step of the UDF ordering process is the inquiry process. The UDF inquiry is used to determine the availability of UDF. 9.7.3.1.1 CLEC must submit a UDF inquiry and CLEC must specify the two (2) locations and the number of fibers requested. 9.7.3.1.2 Qwest will notify CLEC, within the interval set forth in Exhibit C of this Agreement, that: (i) UDF is available to satisfy CLEC's request, (ii) UDF is not available to satisfy CLEC's request; or (iii) Qwest, in writing, deniesCLEC's request pursuant to Section 9.7.2.5(b). Qwest shall provide written notice of denials pursuant to (iii) above. 9.7.3.1.3 If there is UDF available, the UDF simple inquiry response and the complex inquiry response will contain up to five (5) available UDF routes between the CLEC-specified end locations. If additional routes are available, Qwest will notify CLEC that such additional routes exist and negotiate how that additional information will be made available. 9.7.3.2 CLEC will establish network Demarcation Points to accommodate UDF April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 199 Section 9 Unbundled Network Elements optical terminations via Collocation or other Technically Feasible means or network demarcation pursuant to Section 9.1.4 of this Agreement. If Collocation and or other network demarcation arrangements have not been completed, CLEC must have obtained preliminary APOT address information (CFA - Connecting Facility Assignment) for its network Demarcation Points in each Qwest Wire Center where the UDF terminates prior to placing an order for UDF. When preliminary APOT has been established and delivered to CLEC, Qwest can begin processing the UDF Provisioning order upon receipt of the UDF Provisioning request. If the preliminary APOT address is changed by CLEC, a new Provisioning time line for UDF must be established. 9.7.3.3 Based on the CLEC request, (UDF-IOF or UDF MTE Subloop), there are two (2) possible termination scenarios. 9.7.3.3.1 Termination at an MTE. CLEC shall access the UDF MTE Subloop on the MTE Premises at a Technically Feasible point if possible. If access is not Technically Feasible on the MTE Premises, then CLEC may request access to UDF MTE Subloop at a Technically Feasible point near the MTE Premises. Qwest will prepare and submit to CLEC a quotation along with the original Field Verification Quote Preparation form (FVQP) within the interval set forth in Exhibit C. Quotations are on an Individual Case Basis (ICB) and will include costs and an interval in accordance with Exhibit C. 9.7.3.3.2 Intentionally Left Blank. 9.7.3.3.3 Termination at Qwest Wire Centei: If spare fiber is available, and CLEC chooses to proceed, and the request is for UDF terminations at a Qwest Wire Center, Qwest will begin the Provisioning process upon notification from CLEC to proceed and the receipt of fifty percent (50%) of the nonrecurring charges. The notification to proceed is accomplished by completing, signing and returning the original inquiry request to the account manager. Provisioning intervals for this type of request are set forth in Exhibit C. CLEC will be notified that Provisioning is complete and the remaining nonrecurring charges and associated recurring charges will be billed. 9.7.3.4 An order may be canceled any time up to and including the Service Date. 9.7.3.5 CLEC may reserve Dark Fiber for CLEC dur.ing Collocation builds. Prior to reserving space, CLEC must place an inquiry pursuant to Section 9.7.3.1 of this Agreement and receive a UDF inquiry response that reflects that the route to be reserved is available. CLEC is also strongly encouraged to request a field verification that the route to be reserved is available. If CLEC does not obtain a field verification, CLEC assumes the risk that records upon which the UDF inquiry response is based may be in error. CLEC may reserve UDF for thirty (30), sixty (60), or ninety (90) Days. CLEC may extend or renew reservations if there is delay in completion of the Collocation build. All applicable UDF recurring charges specified in Section 9.7.5.2 will be assessed at the commencement of the reservation. Nonrecurring charges for Provisioning and cross connects will be assessed at the time of installation. 9.7.4 Maintenance and Repair 9.7.4.1 The Parties will perform cooperative testing and trouble isolation to April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 200 Section 9 Unbundled Network Elements identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC and Qwest Cross Connections will be repaired by Qwest. Maintenance and Repair processes are contained in the Access to OSS Section of this Agreement. 9.7.4.2 If it is determined that the UDF does not meet the minimum parameters of Technical Publication 77383 without fault of CLEC, and if the trouble is in the Qwest UDF facility, then Qwest will attempt to repair the UDF as it relates to Qwest cross connects and jumper at no additional cost. If Qwest cannot repair the UDF to the minimum parameters set forth in Technical Publication 77383, then Qwest will replace the UDF at no additional cost if suitable UDF pair(s) are available. If Qwest cannot replace the UDF with available pairs, then it, upon receipt of CLEC's disconnect order, will discontinue the recurring charges effective as of the date of the commencement of the trouble. 9.7.5 Rate Elements Exhibit A provides recurring and nonrecurring rates for Dark Fiber and also provides Miscellaneous Charges. 9.7.5.1 Dark Fiber includes the following rate elements: a) Initial Records Inquiry (IRI). This rate element is a pre-order work effort that investigates the availabiliy of UDF. This is a one-time charge for each route check requested by CLEC. A siniple IRI determines if UDF is available between two (2) Qwest Wire Centers. A complex IRI is used to determine if a UDF MTE Subloop is available. Qwest will bill CLEC the IRI immediately upon receipt of the inquiry. The IRI is a record search and does not guarantee the availability of UDF. b) Field Verification and Quote Preparation (FVQP). This rate element is a pre-order work effort to estimate the cost of providing UDF access to CLEC at locations other than Qwest Wire Centers. Qwest will prepare a quotation which will explain what work activities, timeframes, and additional costs, including recurring and non-recurring costs, are associated with providing access to this FDP location. This quotation will be good for thirty (30) Days. The FVQP is not necessary when the request is between Qwest Wire Centers (i.e., simple IRI). If FVQP is applicable pursuant to this section and CLEC orders UDF that has been reserved after a Field Verification has been performed, then the charge for FVQP will be reduced by the amount of the Engineering Verification charge assessed in the context of the reservation. c) Engineering Verification. This rate element is an additional records check for Unbundled Dark Fiber MTE Subloop. 9.7.5.2 The following rate elements are used once the availability of UDF has been established and CLEC chooses to access UDF. 9.7.5.2.1 Unbundled Dark Fiber - Single Strand - IOF Rate Elements a) UDF-IOF Termination (Fixed) Rate Element. This rate element is a recurring rate element and provides a termination at the interoffice April 15, 2008/1hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 201 Section 9 Unbundled Network Elements FOP within the Owest Wire Center. Two (2) UDF-IOF terminations apply per cross connect provided on the facility. Termination charges apply for each intermediate office terminating at an FOP or like cross connect point. b) UDF-IOF Fiber Transport, (Per Strand) Rate Element. This recurring rate element applies per strand. This rate element provides a transmission path between Owest Wire Centers. This rate element is mileage sensitive based on the route miles of the UDF rounded up to the next mile. c) UDF-IOF Fiber Cross Connect Rate Element. This rate element has both a recurring and nonrecurring component and is used to extend the optical connection from the IOF FOP to CLEC's optical Demarcation Point (ICDF). A minimum of two (2) UDF-IOF fiber cross connects apply per strand. Cross connect charges apply for each intermediate offce terminating at an FOP or like cross connect point. The nonrecurring rate will not be charged for cross connects already in place prior to CLEC's order for UDF-IOF. 9.7.5.2.2 Intentionally Left Blank. 9.7.5.2.3 Intentionally Left Blank. 9.7.5.2.4 Order. Unbundled Dark Fiber - Order Charge, First Strand/Route, Per 9.7.5.2.4.1 This rate element is the nonrecurring component assessed for installation of Unbundled Dark Fiber, by the strand. The element applies for the first strand that is requested to terminate at a single location. 9.7.5.2.5 Unbundled Dark Fiber - Order Charge, Each Additional Strand/Route, Per Order. 9.7.5.2.5.1 This rate element is the nonrecurring component assessed for installation of each additional Unbundled Dark Fiber strand. The element applies to each additional strand ordered to the same location, on the same request. 9.7.5.2.6 Unbundled Dark Fiber per Pair - IOF Rate Elements 9.7.5.2.6.1 UDF-IOF Termination (Fixed) Rate Element. This rate element is a recurring rate element and provides a termination at the interoffice FOP within the Owest Wire Center. Two UDF-IOF terminations apply per pair at each end of the facility. Termination charges apply for each intermediate Central Office terminating at an FOP or like cross connect point. 9.7.5.2.6.2 UDF-IOF Fiber Transport, (Pair) Rate Element. This rate element is a recurring component and applies per pair. This rate April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 202 Section 9 Unbundled Network Elements element provides a transmission path between Qwest Wire Centers. The recurring component of this rate element is mileage sensitive based on the route miles of the UDF rounded up to the next mile. 9.7.5.2.7 UDF-IOF Fiber Cross Connect Rate Element. 9.7.5.2.7.1 This rate element has both a recurring and nonrecurring component and is used to extend the optical connection from the IOF FOP to CLEC's optical Demarcation Point. A minimum of two (2) UDF- IOF fiber cross connects apply per pair. Cross connect charges apply for each intermediate Central Office terminating at an FOP or like cross connect point. The nonrecurring rate will not be charged for cross connects already in place prior to CLEC's order for UDF-IOF. 9.7.5.2.8 Order. Unbundled Dark Fiber - Order Charge, First Pair/Route, Per 9.7.5.2.8.1 This rate element is the nonrecurring component assessed for installation of Unbundled Dark Fiber, by the pair. The element applies for the first pair that is requested to terminate at a single location. 9.7.5.2.9 Unbundled Dark Fiber- Order Charge, Each Additional Pair/Route, Per Order, Per Location, Per Request. 9.7.5.2.9.1 This rate element is the nonrecurring component assessed for installation of each additional Unbundled Dark Fiber pair. The element applies to each additional pair ordered to the same location, or subsequent locations for CLEC. 9.7.5.2.10 Unbundled Dark Fiber Splice. 9.7.5.2.10.1 This rate element is the nonrecurring charge assessed for the splice location, if required, to make the UDF MTE subloop accessible. This rate element is for the work performed at the accessible first manhole or splicing location associated with an UDF MTE subloop order. 9.7.5.2.11 Unbundled Dark Fiber MTE Subloop. 9.7.5.2.11.1 This rate element includes recurring and nonrecurring charges assessed for the UDF MTE subloop and it is ICB (Individual Case Basis). 9.7.5.2.12 Miscellaneous Services. The following miscellaneous services, as described in Section 9.1.12, are available with Dark Fiber. Miscellaneous Charges as specified in Exhibit A apply for miscellaneous services. a) Cancellation b) Dispatch April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 203 Section 9 Unbundled Network Elements c) Maintenance of Service. 9.8 Intentionally Left Blank 9.9 Intentionally Left Blank 9.10 Intentionally Left Blank 9.11 lritentionally Left Blank 9.12 Intentionally Left Blank 9.13 Intentionally Left Blank 9.14 Intentionally Left Blank 9.15 Intentionally Left Blank 9.16 Intentionally Left Blank 9.17 Intentionally Left Blank 9.18 Additional Unbundled Elements CLEC may request non-discriminatory access to and, where appropriate, development of, additional UNEs not covered in this Agreement pursuant to the Bona Fide Request Process. 9.19 Construction Charges Subject to the requirements of Section 9.1.2 of this Agreement, Qwest will assess whether to build for CLEC in the same manner that it assesses whether to build for itself. Qwest will conduct an individual financial assessment of any request that requires construction of network capacity, facilities, or space for access to or use of UNEs. When Qwest constructs to fulfill CLEC's request for UNEs, Qwest will bid this construction on a case-by-case basis. Qwest will charge for the construction through nonrecurring charges as described in this Section 9.19. When CLEC orders the same or substantially similar service available to Qwest end user customers, nothing in this Section shall be interpreted to authorize Qwest to charge CLEC for special construction where such charges are not provided for in a Tariff or where such charges would not be applied to a Qwest end user customer. 9.19.1 Qwest reserves the right to determine if Qwest will undertake requested construction. Some circumstances under which Qwest will reject a construction request include, but are not limited to, if it is determined that the requested element will jeopardize the reliability of Qwests existing network, endanger Qwests employees or consumers, is not consistent with the National Electrical Code (NEC), or does not meet the same Network Equipment Building Standards (NEBS) requirements that Qwest applies to itself. If Qwest agrees to construct a network element, the following will apply. 9.19.2 CLEC may request that Qwest construct new facilities for use in providing services offered as Unbundled Network Elements (UNEs) using the CLEC-Requested Unbundled Network Elements Construction ("CRUNEC") method. CRUNEC is not required for requests that can be resolved through facility work or assignments. CRUNEC is not available April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 204 Section 9 Unbundled Network Elements for requests for facilities that are not offered as UNEs. Qwests CRUNEC applies to the following Wholesale products and services: . Enhanced Extended Loop (EEL) . Unbundled Subloop . Unbundled Dark Fiber (UDF) . Unbundled Dedicated Interoffice Transport (UDIT) · Unbundled Local Loop 9.19.2.1 To make a request for construction of facilities, CLEC must submit a CRUNEC request by contacting the Qwest service manager. 9.19.3 Rates for CRUNEC 9.19.3.1 A Records Quote Preparation Fee (RQPF) applies, and is a nonrecurring charge assessed prior to preparation of a Records Quotation, which is a high level overview and estimate of the cost of construction. This construction estimate is based on records only and is not binding on Qwest. Credit in the amount of the RQPF will be applied to the Construction Quote Preparation Fee that is described below. 9.19.3.2 The Construction Quote Preparation Fee (CQPF) is a nonrecurring charge assessed prior to preparation of the CRUNEC quotation. The CRUNEC quotation provides the amount CLEC will pay should it agree to pursue construction. Credit in the amount of the CQPF will be applied to the cost of construction if CLEC accepts the quoted CRUNEC price and agrees to pursue construction. 9.19.3.2.1 CLEC may choose to first receive a Records Quotation, or may choose to forego the Records Quotation and pay the CQPF for the CRUNEC quotation, at any time after receiving notification that facilities are not available to complete a service request. 9.19.3.3 Qwest will retain the CQPF if CLEC chooses not to proceed with the construction. At any point after remitting payment for construction, if CLEe decides to begin but then to discontinue construction, Qwest will refund the Construction payment, excluding expenditures already incurred by Qwest for work completed (including work Engineered, Furnished and/or Installed (EF&I)). Qwest will provide a brief description of work completed. 9.19.3.3.1 EF&I is defined as: . Engineering labor to analyze the needs for the requested UNE and design and issue the required work orders . Furnished material cost . Installation labor costs to complete the work order 9.19.3.4 The amount of the CRUNEC quotation is determined using the same financial analysis criteria, and costs to recover for EF&I, that Qwest uses to assess whether to build the equivalent facilities for itself. April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 205 Section 9 Unbundled Network Elements 9.19.3.5 Rates are included in Exhibit A to this Agreement. 9.20 Intentionally Left Blank 9.21 Intentionally Left Blank 9.22 Intentionally Left Blank 9.23 Unbundled Network Element Combinations 9.23.1 General Terms 9.23.1.1 Owest shall provide CLEC with non-discriminatory access to combinations of Unbundled Network Elements, including but not limited to, Enhanced Extended Loop (EEL), according to the following terms and conditions. 9.23.1.2 Owest will offer to CLEC UNE Combinations, on rates, terms and conditions that are just, reasonable and non-discriminatory in accordance with the terms and conditions of this Agreement and the requirements of Section 251 and Section 252 of the Act, the applicable FCC rules, and other Applicable Laws. The methods of access to UNE Combinations described in this section are not exclusive. Owest will make available any other form of access requested by CLEC that is consistent with the Act and the regulations thereunder. CLEC shall be entitled access to all combinations functionality as provided in FCC rules and other Applicable Laws. Owest shall not require CLEC to access any UNE Combinations in conjunction with any other service or element unless specified in this Agreement or as required for Technical Feasibility reasons. Owest shall not place any use restrictions or other limiting conditions on UNE Combinations accessed by CLEC, except as specified in this Agreement or required by Existing Rules. 9.23.1.2.1 Changes in law, regulations or other "Existing Rules" relating to UNEs and UNE Combinations, including additions and deletions of elements Owest is required to unbundle and/or provide in a UNE Combination, shall be incorporated into this Agreement pursuant to Section 2.2. CLEC and Owest agree that the UNEs identified in Section 9 are not exclusive and that pursuant to changes in Existing Rules rules, or the Bona Fide Request process, CLEC may identify and request that Owest furnish additional or revised UNEs to the extent required under Existing Rules. Failure to list a UNE herein shall not constitute a waiver by CLEC to obtain a UNE subsequently defined by the FCC. 9.23.1.2.2 CLEC may Commingle UNEs and combinations of UNEs with wholesale services and facilities (e.g., switched and special access services offered pursuant to Tariff), and request Owest to perform the necessary functions to provision such Commingling. CLEC will be required to provide the Connecting Facility Assignment (CFA) of CLEC's network demarcation (e.g., Collocation or multiplexing facilities) for each UNE, UNE Combination, or wholesale service when requesting Owest to perform the Commingling of such services. Owest shall not deny access to a UNE or a combination of UNEs on the grounds that one or more of the elements is connected to, attached to, linked to, or combined with, a facility or service obtained from Owest; or shares part of Owests network April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-0804'15-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 206 Section 9 Unbundled Network Elements with access services or inputs for mobile wireless services and/or interexchange services.. All requests for combinations and Commingling will be subject to the terms and conditions in Section 9.1. In addition to the UNE Combinations provided by Owest to CLEC hereunder, Owest shall permit CLEC to combine any UNE provided by Owest with another UNE provided by Owest or with compatible network components provided by CLEC or provided by third parties to CLEC in order to provide Telecommunications Services. Notwithstanding the foregoing, CLEC can connect its UNE Combination to Owests Directory Assistance and operator services platforms. 9.23.1.2.3 Intentionally Left Blank. 9.23.1.3 When ordered as combinations of UNEs, Network Elements that are currently combined and ordered together will not be physically disconnected or separated in any fashion except for technical reasons or if requested by CLEC. Network Elements to be provisioned together shall be identified and ordered by CLEC as such. When CLEC orders in combination UNEs that are currently interconnected and functional, such UNEs shall remain interconnected or combined as a working service without any disconnection or disruption of functionality. 9.23.1.4 When ordered in combination, Owest will combine for CLEC UNEs that are ordinarily combined in Owests network, provided that facilities are available. 9.23.1.5 When ordered in combination, Owest will combine for CLEC UNEs that are not ordinarily combined in Owests network, provided that facilities are available and such combination: 9.23.1.5.1 Is Technically Feasible; 9.23.1.5.2 Would not impair the ability of other Carriers to obtain access to UNEs or to interconnect with Owests network; and 9.23.1.5.3 Would not impair Owests use of its network. 9.23.1.6 When ordered in combination, Owest will combine CLEC UNEs with Owest UNEs, provided that facilities are availableand such combination: 9.23.1.6.1 Is Technically Feasible; 9.23.1.6.2 Shall be performed in a manner that provides Owest access to necessary facilities; 9.23.1.6.3 Would not impair the ability of other Carriers to obtain access to UNEs or to interconnect with Owests network; and 9.23.1.6.4 Would not impair Owests use of its network. 9.23.1.7 Intentionally Left Blank. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 207 Section 9 Unbundled Network Elements 9.23.2 Description UNE Combinations are available in, but not limited to, the following standard products: EEL, subject to the limitations set forth below, and Loop Mux Combinations. If CLEC desires access to a different UNE Combination, CLEC may request access through the Special Request Process set forth in this Agreement. Qwest will provision UNE Combinations. pursuant to the terms of this Agreement without requiring an amendment to this Agreement, provided that all of the UNEs included in the combination request are contained in this Agreement. The associated Billing rate elements of UNEs to be combined pursuant to this Section 9.23 are in Exhibit A of this Agreement. If Qwest develops additional UNE Combination products, CLEC can order such products without using the Special Request Process, but CLEC may need to submit a New Customer Questionnaire and execute an amendment before ordering such products. 9.23.3 Terms and Conditions 9.23.3.1 Qwest shall provide non-discriminatory access to UNE Combinations on rates, terms and conditions that are non-discriminatory, just and reasonable. The quality of a UNE Combination Qwest provides, as well as the access provided to that UNE Combination, will be equal between all Carriers requesting access to that UNE Combination; and, where Technically Feasible, the access and UNE Combination provided by Qwest will be provided in "substantially the same time and manner" to that which Qwest provides to itself. In those situations where Qwest does not provide access to UNE Combinations itself, Qwest will provide access in a manner that provides CLEC with a meaningful opportunity to compete. 9.23.3.2 CLEC may request access to and, where appropriate, development of, additional UNE Combinations. For UNEs Qwest currently combines in its network CLEC can use the Special Request Process (SRP) set forth in Exhibit F. For UNEs that Qwest does not currently combine, CLEC must use the Bona Fide Request Process (BFR). In its BFR or SRP request, CLEC must identify the specific combination of UNEs, identifying each individual UNE by name as described in this Agreement. 9.23.3.3 If CLEC is obtaining services from Qwest under an arrangement or agreement that includes the application of termination liability assessment (TLA) or minimum period charges, and if CLEC wishes to convert such services to UNEs or a UNE Combination, the conversion of such services will not be delayed due to the applicability of TLA or minimum period charges. The applicability of such charges is governed by the terms of"the original agreement, Tariff or arrangement. 9.23.3.4 For installation of new UNE Combinations, CLEC will request the same Due Date for all UNEs that make up such combination and CLEC will not be assessed UNE rates for UNEs ordered in combination until access to all UNEs that make up such combination have been provisioned to CLEC as a combination, unless a UNE is not available until a later time and CLEC elects to have Qwest provision the other elements before all elements are available. 9.23.3.5 Intentionally Left Blank. 9.23.3.6 Intentionally Left Blank. 9.23.3.7 Enhanced Extended Loop (EEL) -- EEL is a combination of Loop and dedicated interoffice transport used for the purpose of connecting an end user customer April 15, 2008/1hd/XO Communications/l D/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 208 Section 9 Unbundled Network Elements to CLEC's collocation and may also include multiplexing. EEL transport and Loop facilities may utilize DSO through DS3 bandwidths. The terms and conditions of Section 9.6 shall apply to the Unbundled Dedicated Interoffice Transport portion of the EEL. The terms and conditions of Section 9.2 shall apply to the Loop portion of the EEL. EEL is offered as a conversion from private line/special access or as new installation subject to the terms of Section 9.1.1. 9.23.3.7.1 Service Eligibility Criteria in Section 9.1.1.10 apply to combinations of high capacity (DS 1 and DS3) Loops and interoffce transport (high capacity EELs). This includes new UNE EELs, EEL conversions (including commingled EEL conversions) or new commingled EELs (e.g., high capacity loops attached to special access transport). CLEC cannot utilize combinations of Unbundled Network Elements that include DS1 or DS3 Unbundled Loops and DS 1 or DS3 Unbundled Dedicated Interoffice Transport (UDIT) to create high capacity EELs unless CLEC certifies to Owest that the EELs meet the Service Eligibility Criteria in Section 9.1.1.10. 9.23.3.7.2 Intentionally Left Blank. 9.23.3.7.2.1 Intentionally Left Blank. 9.23.3.7.2.2 Intentionally Left Blank. 9.23.3.7.2.3 Intentionally Left Blank. 9.23.3.7.2.4 Intentionally Left Blank. 9.23.3.7.2.5 Intentionally Left Blank. 9.23.3.7.2.6 Intentionally Left Blank. 9.23.3.7.2.7 Intentionally Left Blank. 9.23.3.7.2.8 Intentionally Left Blank. 9.23.3.7.2.9 Intentionally Left Blank. 9.23.3.7.2.10 Intentionally Left Blank. 9.23.3.7.2.11 CLEC may request the conversion of an existing private line/special access service to an EEL. Retail and/or resale private line circuits (including multiplexing) may be converted to EEL if the conversion is Technically Feasible and they meet the terms of Section 9.1.1. Owest will provide CLEC with conversions to EELs according to the standard intervals set forth in Exhibit C. Work performed by Owest to provide Commingled EELs at CLEC's request or to provide services that are not subject to standard provisioning intervals will not be subject to performance measures and remedies, if any, contained in this Agreement or elsewhere, by virtue of that service's inclusion in a requested Commingled EEL service arrangement. Provisioning intervals applicable to services included in a requested Commingled service arrangement will April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 209 Section 9 Unbundled Network Elements not begin to run until CLEC provides a complete and accurate service request, necessary CFAs to Qwest, and Qwest completes work required to provide for the Commingling that is in addition to work required to provision the service as a stand-alone facility or service. 9.23.3.7.2.11.1 Intentionally Left Blank. 9.23.3.7 .2.12 EEL can also be ordered as a new installation of circuits for the purpose of CLEC providing services to end user customers. 9.23.3.7.2.12.1 Terms and Conditions 9.23.3.7.2.12.2 Intentionally Left Blank. 9.23.3.7.2.12.3 One (1) end of the interoffice facility of a high capacity EEL must originate at CLEC's Collocation in a Wire Center other than the Serving Wire Center of the Loop. 9.23.3.7.2.12.4 Point-to-Point EEL combinations consist of Loops and interoffice transport of the same bandwidth. High capacity point-to-point EELs must originate from CLEC's Collocation in a Wire Center other than the Serving Wire Center of the Loop. When multiplexing is requested, EEL may consist of Loops and interoffice transport of different bandwidths (multiplexed EEL). 9.23.3.7.2.12.5 Intentionally Left Blank. 9.23.3.7.2.12.6 Installation intervals are set forth in Exhibit C and in the Service Interval Guide (SIG) on the following web site address: http://www.qwest.com/carrier/guides/sig/index.html. 9.23.3.7.2.12.7 Intentionally Left Blank. 9.23.3.7.2.12.8 EEL is available only where existing faciliies are available but if they are not available at a location in Qwests network, CLEC will follow the requirements in Section 9.19 to decide whether or not to construct new facilities to provision a new EEL. 9.23.3.7.2.12.9 Rearrangements may be requested for work to be performed by Qwest on an existing EEL or on some private line/special access circuits when coupled with a conversion-as- specified request to convert to EEL. 9.23.3.8 Ordering 9.23.3.8.1 Intentionally Left Blank. 9.23.3.8.2 CLEC will submit EEL orders using the LSR process. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 210 Section 9 Unbundled Network Elements 9.23.3.8.3 Qwest will install the appropriate channel card based on the DSO EEL Loop LSR order and apply the charges. 9.23.3.8.4 Intentionally Left Blank. 9.23.3.8.5 One (1) LSR is required when CLEC orders Point-to-Point EEL, Multiplexed EEL and EEL Loops. 9.23.3.8.6 Out of Hours Project Coordinated Installations: CLEC may request project coordinated installations outside of Qwests standard installation hours. This permits CLEC to obtain a coordinated installation for EEL where CLEC requests work to be performed outside of Qwests standard installation hours. For purposes of this Section, Qwests standard installation hours are 8:00 a.m. to 5:00 p.m. (local time), Monday through Friday, excluding holidays. Installations commencing outside of these hours are considered to be out of hours project coordinated installations. 9.23.3.8.6.1 The date and time for the out of hours project coordinated installation requires up-front planning and shall be negotiated between Qwest and CLEC. All requests will be processed on a first come, first served basis and are subject to Qwests ability to meet a reasonable demand. Considerations such as volumes, system down time, Switch upgrades, Switch maintenance, and the possibility of other CLECs requesting the same appointment times in the same Switch (Switch contention) must be reviewed. 9.23.3.8.6.2 To request out of hours project coordinated installations, CLEC will submit an LSR designating the desired appointment time. CLEC must specify an out of hours project coordinated Installation in the "remarks" section of the LSR. 9.23.3.9 Rate Elements Exhibit A provides recurring and nonrecurring rates for EEL and also provides any applicable Miscellaneous Charges. 9.23.3.9.1 EEL Loop. The EEL Loop is the Loop connection between the end user customer premises and the Serving Wire Center. EEL Loop is available in DSO, DS1, and DS3 bandwidths. Recurring and nonrecurring charges apply. 9.23.3.9.2 EEL Transport. EEL Transport consists of the dedicated interoffce facilities between Qwest Wire Centers. EEL Transport is available in DSO, DS1, and DS3 bandwidths. Recurring charges apply. 9.23.3.9.3 EEL Multiplexing. EEL multiplexing is offered in DS3 to DS1 and DS1 to DSO configurations. EEL multiplexing is ordered with EEL Transport. Recurring and nonrecurring charges apply. 9.23.3.9.4 DSO Low Side Channelization and DSO MUX Low Side Channelization. EEL DSO Channel Cards are required for each DSO EEL Loop. Channel Cards are available for Analog Loop Start, Ground Start, Reverse Battery, and No Signaling. April 15, 200811hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 211 Section 9 Unbundled Network Elements 9.23.3.9.5 Intentionally Left Blank. 9.23.3.9.6 Rearrangements. Nonrecurring charges apply for work performed by Owest on an existing EEL or on private line/special access circuits when coupled with a conversion-as-specified request to convert to EEL. 9.23.3.9.7 Nonrecurring charges apply for conversions of private line/Special Access to EEL. 9.23.3.9.8 Miscellaneous Charges. The following miscellaneous services, as described in Section 9.1.12, are available with EEL. Miscellaneous Charges apply for miscellaneous services. a) Additional labor - installation Miscellaneous Charges apply for out- of-hours project coordinated installations scheduled to commence out of hours, or rescheduled by CLEC to commence out of hours, in addition to standard nonrecurring charges for the installation b) Additional labor - other Miscellaneous Charges apply for Optional Testing c)Cancellation d)Design change e)Dispatch f)Expedite g)Maintenance of Service. 9.23.3.10 CLEC may request access to and, where appropriate, development of, additional UNE Combinations. For UNEs Owest currently combines in its network, CLEC can use the Special Request Process (SRP) set forth in Exhibit F. For UNEs that Owest does not currently combine, CLEC must use the Bona Fide Request Process (BFR). In its BFR or SRP request, CLEC must identify the specific combination of UNEs, identifying each individual UNE by name as described in this Agreement. 9.23.3.11 Intentionally Left Blank. 9.23.3.12 If CLEC is obtaining services from Owest under an arrangement or agreement that includes the application of termination liability assessment (TLA) or minimum period charges, and if CLEC wishes to convert such services to UNEs or a UNE Combination, the conversion of such services will not be delayed due to the applicability of TLA or minimum period charges. The applicability of such charges is governed by the terms of the original agreement, Tariff or arrangement. Nothing herein shall be construed as expanding the rights otherwise granted by this Agreement or by law to elect to make such conversions. 9.23.3.13 For installation of new UNE Combinations, CLEC will not be assessed UNE rates for UNEs ordered in combination until access to all UNEs that make up such April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 212 Section 9 Unbundled Network Elements combination have been provisioned to CLEC as a combination. 9.23.3.14 Intentionally Left Blank. 9.23.3.15 Intentionally Left Blank. 9.23.3.16 In the event that Qwest is authorized under this Agreement and Existing Rules to terminate the Provisioning of any UNE Combination service to CLEC and Qwest terminates such provisioning, CLEC shall be responsible for providing any and all necessary notice to its customers of the termination. In no case shall Qwest be responsible for providing such notice to CLEC's customers. Qwest shall only be required to notify CLEC of Qwests termination of the UNE Combination service on a timely basis consistent with Commission rules and notice requirements. 9.23.3.17 CLEC, or CLEC's agent, shall act as the single point of contact for its customers' service needs, including without limitation, sales, service design, order taking, Provisioning, change orders, training, maintenance, trouble reports, repair, post- sale servicing, Billing, collection and inquiry. CLEC shall inform its customers that they are customers of CLEC. CLEC's customers contacting Qwest will be instructed to contact CLEC, and Qwests customers contacting CLEC will be instructed to contact Qwest. In responding to calls, neither Party shall make disparaging remarks about each other. To the extent the correct provider can be determined, misdirected calls received by either Party will be referred to the proper provider of local Exchange Service; however, nothing in this Agreement shall be deemed to prohibit Qwest or CLEC from discussing its products and services with CLEC's or Qwests customers who Gall the other Party seeking such information. 9.23.4 Rates and Charges 9.23.4.1 The rates and recurring and nonrecurring charges for the individual Unbundled Network Elements that comprise UNE Combinations are contained in Exhibit A, and Exhibit A also provides any applicable Miscellaneous Charges. 9.23.4.1.1 Recurring monthly charges for each Unbundled Network Element that comprise the UNE Combination shall apply when a UNE Combination is ordered. 9.23.4.1.2 Nonrecurring charges, if any, will apply based upon the cost to Qwest of Provisioning the UNE Combination and providing access to the UNE Combination. 9.23.4.1.3 Miscellaneous Charges will apply based upon Qwest providing miscellaneous services, if made available, with UNE combination. 9.23.4.2 If the Commission takes any action to adjust the rates previously ordered, Qwest wil make a compliance filing to incorporate the adjusted rates into Exhibit A. Upon the compliance filing by Qwest, the Parties will abide by the adjusted rates on a going-forward basis, or as ordered by the Commission. 9.23.4.3 CLEC shall be responsible for Billing its customers served over UNE Combinations for surcharges required of CLEC by statute, regulation or otherwise required. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 213 Section 9 Unbundled Network Elements 9.23.4.4 Intentionally Left Blank. 9.23.4.5 Intentionally Left Blank. 9.23.4.6 Qwest shall have a reasonable amount of time to implement system or other changes necessary to bill CLEC for Commission-ordered rates or charges associated with UNE Combinations, but any such Commission-order rate change will be implemented within one-hundred twenty (120) days unless otherwise ordered. 9.23.5 Ordering Process 9.23.5.1 UNE Combinations and associated products and services are ordered via an LSR or ASR, as appropriate. Ordering processes are contained in this Agreement and in the PCAT. The following is a high-level description of the ordering process: 9.23.5.1.1 Intentionally Left Blank. 9.23.5.1.2 Intentionally Left Blank. 9.23.5.1.3 Step 1: Complete product questionnaire with account team representative. 9.23.5.1.4 Step 2: Obtain Billing Account Number (BAN) through account team representative. - 9.23.5.1.5 Step 3: Allow two (2) to three (3) weeks from Qwests receipt of a completed questionnaire for accurate loading of UNE Combination rates to the Qwest Billing system. 9.23.5.1.6 Step 4: After account team notification, place UNE Combination orders via an LSR or ASR, as appropriate. 9.23.5.1.7 Additional information regarding the ordering processes are located at: http://ww.qwest.com/wholesale/solutions/clecFacility/une_p_c.html. 9.23.5.2 Prior to placing an order on behalf of each customer, CLEC shall be responsible for obtaining and have in its possession a Proof of Authorization as set forth in this Agreement. 9.23.5.3 Standard service intervals for each EEL are set forth in Exhibit C. For UNE Combinations with appropriate retail analogues, CLEC and Qwest will use the standard Provisioning interval for the equivalent retail service. CLEC and Qwest can mutually agree to Due Dates other than the standard interval. 9.23.5.4 Due Date intervals are established when Qwest receives a complete and accurate Local Service Request (LSR) or Access Service Request (ASR) made through the IMA, EDI or Exact interfaces or through facsimile. For EEL, the date the LSR or ASR is received is considered the start of the service interval if the order is received on a business day prior to 3:00 p.m. For EEL, the service interval will begin on the next business day for service requests received on a non-business day or after 3:00 p.m. on a business day. Business days exclude Saturdays, Sundays, New Year's Day, Memorial April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 214 Section 9 Unbundled Network Elements Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and Christmas Day. 9.23.5.5 Intentionally Left Blank. 9.23.5.6 Intentionally Left Blank. 9.23.5.7 For EELs, CLEC shall provide Owest and Owest shall provide CLEC with points of contact for order entry, problem resolution, repair, and in the event special attention is required on service request. 9.23.6 Billng 9.23.6.1 Owest shall provide CLEC, on a monthly basis, within seven (7) to ten (10) Days of the last day of the most recent Billing period, in an agreed upon standardelectronic Billing format, Billing information including (1) a summary bill, and (2) individual end user customer sub-account information consistent. with the samples available for CLEC review. 9.23.7 Maintenance and Repair 9.23.7.1 Owest will maintain facilities and equipment that comprise the service provided to CLEC as a UNE Combination. CLEC or its end user customer may not rearrange, move, disconnect or attempt to repair Owest facilities or equipment, other than by connection or disconnection to any interface between Owest and the customer, without the written consent of Owest. 9.24 Loop Splitting 9.24.1 Description Loop Splittng provides CLEC/DLEC with the opportunity to offer advanced data service simultaneously with voice service over an existing Unbundled Loop by using the frequency range above the voice band on the copper Loop. The advanced data service may be provided by the Customer of Record (the voice service provider) or another data service provider chosen by the Customer of Record. The Splitter separates the voice and data traffic and allows the copper Loop to be used for simultaneous DLEC data transmission and CLEC provided voice service to the end user customer. "CLEC" will herein be referred to as the voice service provider while "DLEC" will be referred to as the advanced data service provider. CLEC and DLEC may be the same entity. 9.24.1.1 With regard to Owests current requirement that Loop Splittng be offered over an existing Unbundled Loop, Owest acknowledges that there are ongoing industry discussions regarding the Provisioning of Loop Splittng over a new Unbundled Loop. If as a result of those discussions, a process is developed for Loop Splittng over a new Loop, Owest will amend its Agreement to eliminate the limitation of Loop Splittng to existing Unbundled Loops. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 215 Sectíon 9 Unbundled Network Elements 9.24.2 Terms and Conditions 9.24.2.1 General 9.24.2.1.1 Qwest is not responsible for providing the Splitter, filter(s) and/or other equipment necessary for the end user customer to receive separate voice and data service across a single copper Loop. 9.24.2.1.2 To order Loop Splitting, CLEC/OLEC must have a Splitter installed in the Qwest Wire Center that serves the end user customer. The Splitter must meet the requirements for Central Office equipment Collocation set by the FCC or be compliant with ANSI T1.413. 9.24.2.1.3 There may only be one OLEC at any given time that provides advanced data service on any given Unbundled Loop. 9.24.2.1.4 If Loop Splittng is requested for an analog Loop, the Loop must be converted to a 2/4 wire non-loaded Loop. 9.24.2.1.4.1 The Customer of Record will be able to request conditioning of the Unbundled Loop. Qwest will perform requested conditioning of Unbundled Loops to remove load coils and excess Bridged Taps under the terms and conditions associated with Loop conditioning contained in Section 9.2 of this Agreement. 9.24.2.1.4.2 If requested conditioning significantly degrades the existing service over the Unbundled Loop to the point that it is unacceptable to CLEC, Customer of Record shall pay to convert back to an analog Loop. 9.24.2.1.5 Splitters may be installed in Qwest Wire Centers at the discretion of CLEC/OLEC via the standard or Common Area Splitter Collocation arrangements set forth in the Collocation Section of this Agreement. Under either option, Splitters will be appropriately hard-wired or pre-wired so that points of termination are kept to a minimum. For Loop Splitting, Qwest shall use the same length of tie pairs as it uses for other split services provided under this Agreement, except for the additional CLEC-to-CLEC connection, which is required for Loop Splitting. 9.24.3 Rate Elements Recurring and nonrecurring charges for the following Loop Splittng rate elements are contained in Exhibit A, and Exhibit A also provides Miscellaneous Charges. 9.24.3.1 Recurring Rates 9.24.3.1.1 Interconnection Tie Pairs (ITP) - A monthly recurring charge to recover the costs associated with the use of ITPs. 9.24.3.1.2 ass Charge - A monthly recurring charge to recover the cost of the ass modifications necessary to provide access to the high frequency portion April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 216 Section 9 Unbundled Network Elements of the Unbundled Loop. 9.24.3.2 Nonrecurring Rates 9.24.3.2.1 Basic Installation Charge - A nonrecurring charge for Loop Splitting installed will apply. 9.24.3.3 Miscellaneous Charges. All miscellaneous services as described in Section 9.1.12 are available with Subloop. Miscellaneous Charges apply for miscellaneous services. 9.24.3.4 Rates for Splitter Collocation are included in Exhibit A of this Agreement. 9.24.3.5 All of these rates are interim and will be subject to true-up based on either mutually agreed permanent rates or permanent rates established in a cost proceeding conducted by the Commission. In the event interim rates are established by the Commission before permanent rates are set, the interim rates set forth in Exhibit A will be changed to reflect the interim rates set by the Commission; however, no true up will be performed until mutually agreed to permanent rates are established or permanent rates are established by the Commission. 9.24.4 Ordering Process 9.24.4.1 Loop Splittng -9.24.4.1.1 As a part of the pre-order process, CLEC/DLEC may access Loop characteristic information through the Loop Information Tool described in the Access to OSS Section. The Customer of Record will determine, in its sole discretion and at its risk, whether to add data services to any specific Unbundled Loop. 9.24.4.1.2 The Customer of Record will provide on the LSR, the appropriate frame terminations that are dedicated to Splitters. Qwest will administer all cross connects/jumpers on the COSMIC/MDF and IDF. 9.24.4.1.3 Basic Installation "lift and lay" procedure will be used for all Loop Splitting orders. Under this approach, a Qwest technician "lifts" the Loop from its current termination in a Qwest Wire Center and "lays" ¡ton a new termination connecting to CLEC's/DLEC's collocated equipment in the same Wire Center. 9.24.4.1.4 The Customer of Record shall not place orders for Loop Splittng until all work necessary to provision Loop Splitting in a given Qwest Wire Center, including, but not limited to, Splitter installation and tie cable reclassification or augmentation has been completed. 9.24.4.1.5 The Customer of Record shall submit the appropriate LSRs associated with establishing Unbundled Loop and Loop Splitting. 9.24.4.1.6 If the voice service is disconnected on a Loop Splitting arrangement, the Loop Splitting arrangement shall terminate. CLEC may arrange to provide DSL service to the end user customer through purchase of another product. April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 217 Section 9 Unbundled Network Elements 9.24.5 Biling 9.24.5.1 Owest shall provide a bill to the Customer of Record, on a monthly basis, within seven (7) to ten (10) Days of the last day of the most recent Billing period, in an agreed upon standard electronic Billing format. 9.24.5.2 Owest shall bill the Customer of Record for all recurring and nonrecurring Loop Splitting rate elements. 9.24.6 Repair and Maintenance 9.24.6.1 Owest will allow CLEC/DLEC to access Loop Splitting at the point where the combined voice and data Loop is cross connected to the Splitter. 9.24.6.2 The Customer of Record will be responsible for reporting to Owest service troubles provided over Loop Splittng. Owest will be responsible to repair troubles on the physical line between Network Interface Devices at the end user customer premises and the point of demarcation in Owest Wire Centers. Owest, CLEC and DLEC each will be responsible for maintaining its equipment. The entity that controls the Splitters will be responsible for their maintenance. 9.24.6.3 Owest, CLEC and DLEC will continue to develop repair and maintenance procedures for Loop Splittng and agree to document final agreed to procedures in. a methods and procedures document that will be made available on Owests web site. 9.24.7 Customer of Record and Authorized Agents 9.24.7.1 "Customer of Record" is defined for the purposes of this section as the voice service provider. Owest will bill the Customer of Record for Loop Splittng. The Customer of Record may designate an authorized agent pursuant to the terms of sections 9.24.7.2 and 9.24.7.3 to perform ordering and/or Maintenance and Repair functions. 9.24.7.2 In order for the authorized agent of the Customer of Record to perform ordering and/or Maintenance and Repair functions, the Customer of Record must provide its authorized agent the necessary access and security devices, including but not limited to user identifications, digital certificates and SecurlD cards, that will allow the authorized agent to access the records of the Customer of Record. Such access will be managed by the Customer of Record. 9.24.7.3 The Customer of Record shall hold Owest harmless with regard to any harm Customer of Record receives as a direct and proximate result of the acts or omissions of the authorized agent of the Customer of Record or any other Person who has obtained from the Customer of Record the necessary access and security devices, including but not limited to user identifications, digital certificates and SecurlD cards, that allow such Person to access the records of the Customer of Record unless such access and security devices were wrongfully obtained by such Person through the willful or negligent behavior of Owest. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 218 Section 9 Unbundled Network Elements 9.25 Loop-Mux Combination (LMC) 9.25.1 Description 9.25.1.1 Loop-mux combination (LMC) is an unbundled Loop as defined in Section 9.2 of this Agreement (referred to in this Section as a LMC Loop) Commingled with a private line (PL T), or with a special access (SA), Tariffed DS1 or DS3 multiplexed facility with no interoffice transport. The PL T/SA multiplexed facility is provided as either an Interconnection Tie Pair (ITP) or Expanded Interconnection Termination (EICT) from the high side of the multiplexer to CLEC's Collocation. The multiplexer and the Collocation must be located in the same Owest Wire Center. 9.25.1.2 LMC provides CLEC with the ability to access end user customers and aggregate DS1 or DSO unbundled Loops to a higher bandwidth via aPLT/SA DS1 or DS3 multiplexer. There is no interoffice transport between the multiplexer and CLEC's Collocation. 9.25.1.3 Owest offers the LMC Loop as a billing conversion or as new provisioning. 9.25.2 Terms and Conditions 9.25.2.1 An Extended Enhanced Loop (EEL) may be commingled with the PL T/SA multiplexed facility. 9.25.2.2 LMC Loops will be provisioned where existing facilities are available. If facilities are not available, upon CLEC request, Owest will build facilities subject to the requirements set forth in Sections 9.1.2.1 and 9.19. 9.25.2.3 The PL T/SA DS1 or DS3 multiplexed facility must terminate in a Collocation. 9.25.2.4 The multiplexed facility is subject to all terms and conditions (ordering, provisioning, and billing) of the appropriate Tariff. 9.25.2.5 The multiplexer and the Collocation must be located in the same Owest Wire Center. 9.25.2.6 Rearrangements may be requested for work to be performed by Owest on an existing LMC Loop, or on some private line/special access circuits, when coupled with a conversion-as-specified request to convert to LMC Loop. 9.25.3 Rate Elements Exhibit A provides recurring and nonrecurring rates for LMC and also provides any applicable Miscellaneous Charges. 9.25.3.1 The LMC Loop is the Loop connection between the end user customer Premises and the multiplexer in the serving Wire Center where CLEC April 15, 2008/lhd/XOCommunications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 219 Section 9 Unbundled Network Elements is Collocated. LMC Loop is available in DSO and DS1. Recurring and non- recurring charges apply. 9.25.3.2 DSO Mux Low Side Channelization. LMC DSO channel cards are required for each DSO LMC Loop connected to a 1/0 LMC multiplexer. Channel cards are available for analog loop start, ground start, reverse battery, and no signaling. See channel performance for recurring charges. 9.25.3.3 Nonrecurring charges apply for billing conversions to LMC Loop. 9.25.3.4 Nonrecurring charge apply for rearrangements of an existing LMC Loop, or on some private line/special access circuits, when coupled with a conversion-as-specified request to convert to LMC Loop. 9.25.3.5 Nonrecurring charges apply for conversion of private line/special access to LMC. 9.25.3.6 Miscellaneous Charges. The following miscellaneous services, as described in Section 9.1.12, are available with LMC. Miscellaneous Charges apply for miscellaneous services. a) Additional labor - installation Miscellaneous Charges apply for out- of-hours project coordinated installations scheduled to commence out of hours, or rescheduled by CLEC to commence out of hours, in addition to standard nonrecurring charges for the installation b) Additional labor - other Miscellaneous Charges apply for Optional Testing c)Cancellation d)Design change e)Dispatch f)Expedite g)Maintenance of Service 9.25.4 Ordering Process 9.25.4.1 Ordering processes for LMC Loop(s) are contained in this Agreement and in Qwests Product Catalog (PCAT). The following is a high-level description of the ordering process: 9.25.4.1.1 Step 1: Complete product questionnaire for LMC Loop(s) with account team representative. 9.25.4.1.2 Step 2: Obtain billing account number (BAN) through account team representative. 9.25.4.1.3 Step 3: Allow two (2) to three (3) weeks from Qwests April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 220 Section 9 Unbundled Network Elements receipt of a completed questionnaire for accurate loading of LMC rates to the Qwest billing system. 9.25.4.1.4 Step 4: After account team notification, place LMC Loop orders via an LSR. 9.25.4.2 Prior to placing an order on behalf of each customer, CLEC shall be responsible for obtaining and have in its possession a Proof of Authorization (POA) as set forth in this Agreement. 9.25.4.3 Standard service intervals for LMC Loops are in the Service Interval Guide (SIG) available at www.qwest.com/wholesale. 9.25.4.4 Due date intervals are established when Qwest receives a complete and accurate LSR made through the IMA or EDI interfaces or through facsimile. For LMC Loops, the date the LSR is received is considered the start of the service interval if the order is received on a business day prior to 3:00 p.m. For LMC Loops, the service interval will begin on the next business day for service requests received on a non-business day or after 3:00 p.m. on a business day. Business days exclude Saturdays, Sundays, New Year's Day, Memorial Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and Christmas Day. 9.25.4.5 Out of Hours Project Coordinated Installations: CLEC may request an out of hours project coordinated Installation. This permits CU:;C to obtain a coordinated installation for LMCLoops with installation work performed by Qwest outside of Qwests standard installation hours. For purposes of this Section, Qwests standard installation hours are 8:00 a.m. to 5:00 p.m. (local time), Monday through Friday, except holidays. Installations commencing outside of these hours are considered to be out of hours project coordinated installations. 9.25.4.5.1 The date and time for the out of hours project coordinated installation requires up-front planning and shall be negotiated between Qwest and CLEC. All requests will be processed on a first come, first served basis and are subject to Qwests ability to meet a reasonable demand. Considerations such as volumes, system down time, Switch upgrades, Switch maintenance, and the possibility of other CLECs requesting the same appointment times in the same Switch (Switch contention) must be reviewed. 9.25.4.5.2 To request out of hours project coordinated installations, CLEC will submit an LSR designating the desired appointment time. CLEC must specify an out of hours project coordinated Installation in the "remarks" section of the LSR. 9.25.5 Biling 9.25.5.1 Qwest shall provide CLEC, on a monthly basis, within seven to ten (7 to 10) Days of the last day of the most recent billing period, in an agreed upon EDI or CABS standard electronic billing format, biling information including (1) a summary bill, and (2) individual end user customer sub-account information. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 221 Section 9 Unbundled Network Elements 9.25.6 Maintenance and Repair 9.25.6.1 Qwest will maintain facilities and equipment for LMC Loops provided under this Agreement. Qwest will maintain the multiplexed facility pursuant to the Tariff. CLEC or its customers may not rearrange, move, disconnect or attempt to repair Qwest facilities or equipment, other than by connection or disconnection to any interface between Qwest and the customer, without the prior written consent of Qwest. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 222 Section 10 Ancillary Services Section 10.0 - ANCILLARY SERVICES 10.1 Interim Number Portability 10.1.1 Description 10.1.1.1 Interim Number Portability (INP) service is an arrangement that allows an end user customer to retain its dialed telephone number when switching to another service provider. INP service can be provided by Qwest to CLEC or by CLEC to Qwest. For the purposes of this section, the Party porting traffc to the other Party shall be referred to as the "INP Provider" and the Party receiving INP traffic for termination shall be referred to as the "INP Requestor." 1 0.1.1.2 INP applies to those situations where an end user customer elects to transfer to a New Service Provider and such end user customer also wishes to retain its existing telephone number. INP consists of INP Provider's provision to the INP Requestor the capability to route calls placed to telephone numbers assigned to the INP Provider's Switches to the INP Requestor's Switches. INP is available only for working telephone numbers assigned to the INP Provider's end user customers who request to transfer to the INP Requestor's service. Local Interconnect Service (LIS) is required for INP. 10.1.1.3 INP is available as INP-Remote Call Forwarding. (INP-RCF), Direct Inward Dialing (DID), and Directory Number Route Index (DNRI) and NXX Migration. DNRI is available as either direct to an End Office Switch or through a Tandem Switch, also referred to as DNRI Tandem (RIPH) or portability hub. NXX Migration, or Local Exchange Routing Guide Reassignment, reassigns the entire Central Office Code (NXX) to CLEC's Switch if the NXX Code is used solely for one (1) end user customer. 10.1.1.4 Remote Call Forwarding (RCF) 10.1.1.4.1 RCF permits a call to an INP Provider's assigned telephone number to be translated to the INP Requestor's dialable local telephone number. With the RCF solution, a permanent RCF is established in Qwests Switch forwarding any incoming call to the telephone number assigned and maintained in CLEC's Switch. 10.1.1.4.2 INP via RCF also requires offce equipment (OE), on a per telephone number basis. The INP Requestor will need to provide a forecast of deployment sites and estimated quantities of ported telephone numbers to assist in an assessment of available porting methods. Each request for INP via RCF will be analyzed by the Infrastructure Availability Center, lAC, to determine if OE is available. 10.1.1.5 Direct Inward Dialing (DID) DID permits incoming calls to be ported to the INP Requestor's Switch via a DID trunk configuration. Each DID trunk group used for INP is dedicated to carrying DID INP traffic between Qwests End Offce Switch and CLEC's End Office Switch. The traffic on these trunks cannot overflow to other trunks. In addition, inter-Switch signaling for DID is limited to multi-frequency (MF). This precludes passing the Calling Line 10 to CLEe's April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 223 Section 10 Ancillary Services End Office Switch. With DID, because there is no SS7 capability, there are CLASS feature limitations. For DID, the INP Provider will deliver the dialed telephone number to the INP Requestor's Central Office. 10.1.1.6 Directory Number Route Indexing (DNRI) DNRI permits incoming calls to be ported to the INP Requestor's End Offce Switch via a route index. A permanent route index is assigned to the end user customer's ported telephone number in the INP Provider's End Office Switch. The INP Provider will deliver the dialed seven digit telephone number to the INP requestor's Central Office. INP Requestor may terminate the call as desired. Additional capacity for simultaneous call forwarding is available where Technically Feasible. The INP Requestor will need to specify the number of simultaneous calls to be forwarded for each telephone number ported. DNRI Tandem Switch routing requires an additional thirty (30) Days lead time to establish technical requirements for routing the ported calls. 10.1.2 Terms and Conditions 10.1.2.1 Owest and CLEC will provide tNP service in a non-discriminatory manner and with as little impairment of functioning, quality, reliability and convenience as possible. 10.1.2.2 Owest will coordinate INP with Unbundled Loop cutovers in a reasonable amount of time and with minimum service disruption. 10.1.2.3 The Parties shall provide INP on a reciprocal basis to each other to the extent Technically Feasible, and in accordance with rules and regulations as, from time to time, prescribed by the FCC and/or the Commission. 10.1.2.4 Until the long term number portability solution, referred to as Local Number Portability (LNP), is implemented by the industry pursuant to regulations issued by the FCC or the Commission, the Parties agree to provide INP to each other through RCF, DID, DNRI and NXX migration. Local Interconnect Service (LIS) is required for INP. 10.1.2.5 Once Local Number Portability has been implemented within a Wire Center, INP will no longer be available for ordering within that Wire Center. 10.1.2.6 ' Upon LNP implementation, the INP offerings will be withdrawn subject to advance notice to the other Party. Both Parties will conform to the Western Region LNP Technical and Operations team guidelines and agreements for completion of INP to LNP conversion activity. 10.1.2.7 The INP Requestor's designated INP End Offce Switch must return answer and disconnect supervision to the INP Provider's End Office Switch. 10.1.2.8 The INP Requestor will provide to the E911 database provider the network telephone number that the INP Requestor assigned to the INP Provider- assigned, ported telephone number. Updates to and maintenance of the INP information to the E911 database are the responsibility of the INP Requestor. For consistency in administration, the INP Requestor shall enter into a separate agreement April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 224 Section 10 Ancillary Services with the E911 database provider. 10.1.2.9 Qwest will update its Line Information Database (LIDS) listings for ported telephone numbers as directed by CLEC. Qwest will restrict or cancel calling cards associated with these ported telephone numbers. LIDS updates shall be completed by the Parties on the same business day each INP arrangement is activated. 10.1.2.10 An INP telephone number may be assigned by INP Requestor only to the INP Requestor's end user customers located within the INP Provider's Local Calling Area and toll rating area that is associated with the NXX Code of the ported telephone number. 10.1.2.11 INP is applicable only if the INP Requestor is engaged in a reciprocal traffic exchange arrangement with the INP Provider. 10.1.2.12 Only the existing INP Provider assigned end user customer telephone number may be used as a ported telephone number for INP. 10.1.2.13 An INP telephone number must be active and assigned to an end user customer to accommodate INP. 10.1.2.14 INP services shall not be re-sold, shared or assigned by either Party to another LEC or CLEC. 10.1.2.35 INP is not offered for NXX Codes 555, 976, 960, and coin telephones, and Service Access Codes (i.e., 500, 700, 8XX, 900). INP is not available for Feature Group A seven-digit telephone numbers, including Foreign Exchange. Furthermore, INP telephone numbers may not be used for mass calling events. 10.1.2.16 The ported telephone number will be returned to the End Office Switch which originally had the ported telephone number when the end user customer disconnects service from the INP Requestor. The INP Requestor shall not retain it and reassign it to another end user customer. The normal intercept announcement will be provided by the INP Provider for the period of time until the telephone number is reassigned by the INP Provider. 10.1.2.17 Forecasts for INP must be included in the forecasting process detailed in Section 7 of this Agreement. 10.1.2.18 NXX Migration, or Local Exchange Routing Guide Reassignment, reassigns the entire Central Office Code (NXX) to CLEC's End Offce Switch if the NXX Code is used solely for one (1) end user customer. Where one Party has activated an entire NXX Code for a single end user customer, or activated a substantial portion of an NXX Code for a single end user customer with the remaining telephone numbers in that NXX Code either reserved for future use or otherwise unused, if such end user customer chooses to receive service from the other Party, the first Party shall cooperate with the second Party to have the entire NXX Code reassigned to an End Office Switch operated by the second Party through the NANP administrator. In addition, both Parties agree to cooperate in arranging necessary updates and industry notification in the LERG (and associated industry databases, routing tables, etc.). Such transfer will be accomplished with appropriate coordination between the Parties and subject to appropriate industry April 15, 2008/1hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 225 Section 10 Ancillary Services lead-times (as identified in the LERG guidelines and the Central Offce Code Administration guidelines) for movement of NXX Codes from one End Office Switch to another. Other applications of NXX Code migration will be discussed by the Parties as circumstances arise. 10.1.3 Ordering 10.1.3.1 Both Parties shall comply with ordering standards as developed by the industry. INP service is ordered via a Local Service Request and associated Number Portability forms. Specific details regarding the ordering of INP service is contained in the PCAT. 10.1.3.2 CLEC may order INP service either manually or through an electronic interface. The electronic gateway solution for ordering service is described in Section 12 of this Agreement. 10.1.3.3 Service intervals for INP are described below. These intervals apply when facilities and network capacity is available. Where facilities or network capacity is not available, intervals are on an Individual Case Basis (ICB). Orders received after 3:00 P.M. are considered the next business day. The following service intervals have been established for Interim Number Portability: Number of Lines Interval Simple (1 FR/1 FB) 1-49 lines 50 or more lines 3 business days ICB Complex (PBX Trunks/ISDN) 1-8 lines or trunks 9-16 lines or trunks 17 -24 lines or trunks 25 or more lines or trunks 5 business days 6 business days 7 business days ICB Centrex 1-10 lines 11-20 lines 21 or more lines 5 business days 10 business days ICB Out of Hours Conversions Any quantity ICB 10.1.3.4 Owest will provide FOCs to CLECs within a reasonable time, no later than 48 hours after receipt of complete and accurate orders for regular POTS or simple business end user customers. The FOC interval for all other complex orders will be within a reasonable time, no later than 8 business days from receipt of complete and accurate orders. The FOC for ICB orders will reflect an ICB FOC date. 10.1.3.5 For purposes of this Section, Owests normal business hours are 7:00 a.m. to 7:00 p.m., local time, Monday through Friday. CLEC may also request a Frame Due Time (FDT) of 5:00 a.m. as a normal business hour, Monday through Friday. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 226 Section 10 Ancillary Services Requests for Frame Due Times other than the 5:00 a.m. or 7:00 a.m. to 7:00 p.m. normal business hours shall be considered an out of hours cut. 10.1.3.6 CLEC shall request service within the normal business hours by submitting a Local Service Request (LSR) and designating the requested Frame Due Time. Requests for Frame Due Times within normal business hours will be proactively managed by Owest to ensure that the Frame Due Time is met. 10.1.3.7 Out of Hours Cut 10.1.3.7.1 Out-of-hours cuts permit CLEC to select either a coordinated or non-coordinated cut for INP service outside of Owests normal business hours. For planning purposes, CLEC shall provide Owest with a forecast of out-of-hours coordinated cuts at least two weeks prior to CLEC placing an order in a particular state. Forecasts should include the anticipated Frame Due Times and volumes to be ported out of hours. 10.1.3.7.2 CLEC shall request out of hours cuts by submitting a Local Service Request (LSR) and designating the desired FDT outside of the normal business hours. In the Remarks section of the LSR, CLEC must specify an Out of Hours cut and the type of cut (coordinated or non-coordinated). 10.1.3.7.3 The date and time for the coordinated cut may need to be negotiated between Owest and CLEC because of system downtime, Switch upgrades, Switch maintenance, and the possibility of other CLECs requesting the same FDT in the same Switch (Switch contention). Because of this up-front coordination and FDT negotiation efforts, Firm Order Confirmation (FOC) of the FDT will require additional time. In the event that this situation would occur, Owest will negotiate with CLEC to provide the FOC within a reasonable time frame. 10.1.3.7.4 Non-Coordinated Out of Hours Cut 10.1.3.7.4.1 CLEC shall request out of hours non-coordinated cuts by submitting a LSR and designating a 1 :00 a.m. FDT (Due Date) which is outside of the normal business hours. Non-coordinated cuts allow CLEC to request a Owest FDT of 1 :00 a.m. where the actual cut occurs between the hours of 1 :00 a.m. and 7:00 a.m., with the cut completed by 7:30 a.m. of that Day (if the requested date is a business day, or by 7:30 a.m. of the next business day). 10.1.3.7.42 Conversion desk activities and escalation processes for non-coordinated out of hour cuts are accomplished during the business day prior to the cut. 10.1.3.7.4.3 CLEC will not incur additional charges for non- coordinated out of hours cuts. 10.1.3.7.5 Coordinated Out of Hours Cut 10.1.3.7.5.1 CLECs shall request a coordinated out of hours cut April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 227 Section 10 Ancillary Services by submitting a LSR and designating the requested FDT. 10.1.3.7.5.2 Out of hours coordinated cuts will be managed by a Qwest project manager. Coordination of this effort requires an up-front internal planning session. Any changes to the original FDT will be negotiated with CLEC and will occur prior to issuing an FOC. 10.1.3.7.5.3 CLEC will incur additional charges for coordinated out of hours cuts as specified in Exhibit A. 10.1.3.8 End User Customer Impacts 10.1.3.8.1 The INP Requestoris responsible for all dealings with and on behalf of its end user customers, including all end user customer account activity (e.g., end user customer inquiries and complaints). 10.1.3.8.2 Each Party is responsible for obtaining a Proof of Authorization from its End User Customers who request a transfer of the end user customer's telephone number from the other Party. 10.1.3.8.3 The INP Provider will work cooperatively with the INP Requestor to ensure a smooth end user customer transition and to provide for coordination with other facilities (e.g., Loops). 10.1.3.8.4 If an end user customer requests transfer of service from the INP Requestor back to the INP Provider, the INP Provider may rely on that end user customer request to institute cancellation of the INP service. The INP Provider will provide at least 48 hours notice to the INP Requestor of the cancellation of INP service, and will work cooperatively with the INP Requestor to ensure a smooth end user customer transition and to provide for coordination with other facilities (e.g., Loops). 10.1.3.8.5 The INP Requestor will submit to the INP Provider a disconnect order for each ported telephone number that is relinquished by the INP Requestor's end user customers. Qwest will provide an electronic interface for the purpose of ordering INP service. This interface may be accomplished by either a GUI (Graphical User Interface) or EDI (Electronic Data Interchange). 10.1.4 Maintenance and Repair 10.1.4.1 CLEC is responsible for its own customers and will have the responsibility for resolution of any service trouble report(s) from its customers. Customers of CLEC will be instructed to report all cases of trouble to their Service Provider. 10.1.4.2 CLEC and Qwest will provide to their respective customers the Correct telephone numbers to call for access to their respective repair bureaus. CLEC and Qwest will provide their repair contact telephone numbers to one another on a reciprocal basis. 10.1.4.3 Qwest will work cooperatively with CLEC to resolve trouble reports when the trouble condition has been isolated and found to be within a portion of the Qwest April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 228 Section 10 Ancillary Services network. Qwest will perform standard tests to isolate and repair the trouble. For INP trouble reports, Qwest will not be responsible for testing the Unbundled Loop leased by CLEC. 10.1.4.4 The trouble ticket will be closed by the functional group that corrected the trouble. This group will also contact CLEC to inform them that the ticket has been closed. Current trouble codes and analysis codes will be entered to the trouble ticket. 10.1.5 Rate Elements 10.1.5.1 INP Rate Elements In accordance with Commission requirements, Qwest recovers an appropriate allocation of its INP costs through charges to CLEC for each NXX Code assigned to CLEC. Per Commission Orders, a true-up will be completed semi-annually. The true-up is a mechanism for readjusting the monthly charge based on forecasted quantities, to account for actual quantities during the year. The Parties will comply with the FCC rules and Commission decisiçins on cost recovery for Interim Number Portability. Exhibit A of this Agreement contains Interim Number Portability rates. 10.1.5.1.1 In accordance with Commission requirements, Qwest recovers an appropriate allocation of its INP costs through charges to CLEC for each NXX Code assigned to CLEC. Per Commission Orders, a true-up will be completed semi-annually. The true-up is a mechanism for readjusting the monthly charge based on forecasted quantities, to account for actual quantities during the year. 10.1.5.1.2 Charges for Coordinated Out of Hours Cuts. Charges for coordinated out of hours cuts shall be based upon actual hours worked at Qwests overtime rate, time and one-half rates for timeframes outside of Qwests normal hours except for Sundays and Holidays. Charges for coordinated out of hours cuts on Sundays and Holidays shall be based upon Qwests overtime premium rate, which is double time. Overtime rates will be multiplied by the number of Qwest personnel actively participating in the cut, multiplied by the number of hours required for the cut. Exhibit A of this Agreement contains overtime rates for coordinated out of hours cuts. 10.1.5.1.2.1 Qwest will schedule the appropriate number of employees prior to the cut, based upon information provided by CLEC. If such information requires modification during the cut and, as a result, non-scheduled employees are required, CLEC shall be charged a four hour minimum callout. 10.1.5.2 Switched Access Revenues. Qwest will comply with the FCC and Commission rules regarding the sharing of terminating Switched Access revenues. Once the End Offce Switch is converted to long term number portability (LNP), CLEC has the ability to directly bil the Interexchange Carrier, and no sharing of terminating Switched Access revenues is required. 10.1.5.2.1 The Switched Access rate elements are identified in Qwests Switched Access Tariff. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 229 Section 10 Ancillary Services 10.1.5.2.2 Owest will use ARMIS data to determine the average Minutes of Use (MOU) by jurisdiction. ARMIS data is updated on a yearly basis. 10.1.5.2.3 The number of lines to be used in determining the amount of terminating Switched Access will be extracted from the Owest corporate data warehouse once each month. This database contains billed information for posted orders. 10.1.5.2.4 The calculation of the terminating Switched Access charges, along with the appropriate data for the preceding month will be provided to CLEC to support the payment. Owest will pay the pass through amounts to CLEC within one month. Disputes will be processed as though this credited amount were a billed amount under this Agreement. 10.2 Local Number Portability 10.2.1 Description 10.2.1.1 Local Number Portability (LNP) is defined by the FCC as the ability of users of Telecommunications Services to retain, at the same location, existing Telecommunications numbers without impairment of quality, reliability, or convenience when switching from one Telecommunications Carrier to another. Owest will allow CLEC to port telephone numbers for its end user customers in the same manner as Owest ports telephone numbers for Owest end user customers. CLEC may port telephone numbers into ang out of Owest End Offce Switches on behalf of an end user customer using the FCC rules and industry guidelines as described in the following Sections. 10.2.1.2 Owest uses the Location Routing Number (LRN) architecture. Under the LRN architecture, each End Office Switch is assigned a unique ten-digit LRN, the first six digits of which identify the location of that End Office Switch. The LRN technology is a triggering and addressing method which allows the re-homing of individual telephone numbers to other End Offce Switches and ensures the proper routing of calls to ported telephone numbers through the use of a database and the signaling network. The LRN solution interrupts call processing through the use of an Advanced Intelligent Network (AIN) trigger, commonly referred to as the LRN trigger. During this interruption, a query is launched to the LNP database in the signaling network and the call is re-addressed using the LRN information for the ported telephone number. The LRN will route the call to the proper End Office Switch destination. The actual routing of the call with either the dialed telephone number, for calls to non-ported telephone numbers, or the LRN, for calls to ported telephone numbers, observes the rules, protocols and requirements of the existing Public Offce Dialing Plan (PODP). 10.2.2 Terms and Conditions 10.2.2.1 Owest will provide Local Number Portability (LNP), also known as long- term number portability, in a non-discriminatory manner in compliance with the FCC's rules and regulations and the guidelines of the FCC's North American Numbering Council's (NANC) Local Number Portability Administration (LNPA) Working Group and the Industry Numbering Committee (INC) of the Alliance for Telecommunications Industry Solutions (ATIS). Unless specifically excluded in Section 10.2.2.6, all telephone April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 230 Section 10 Ancillary Services numbers assigned to an end user customer are available to be ported through LNP. Mass calling events shall be handled in accordance with the industry's non-LRN recommendation (NANC's High Volume Call-In Networks dated February 18, 1998). 10.2.2.2 Each Party shall use reasonable efforts to facilitate the expeditious deployment of LNP. The Parties shall comply with the processes and implementation schedules for LNP deployment prescribed by the FCC. In accordance with industry guidelines, the publications of LNP capable End Offce Switches and the schedule and status for future deployment will be identified in the Local Exchange Routing Guide (LERG). 10.2.2.3 In connection with the provision of LNP, the Parties agree to support and comply with all relevant requirements or guidelines that are adopted by the FCC, or that are agreed to by the Telecommunications industry as a national industry standard. 10.2.2.4 Owest will coordinate LNP with Unbundled Loop cutovers in a reasonable amount of time and with minimum service disruption, pursuant to Unbundled Loop provisions identified in Section 9 of this Agreement. CLEC will coordinate with Owêst for the transfer of the Owest Unbundled Loop coincident with the transfer of the end user customer's service to Owest in a reasonable amount of time and with minimum service disruption. For coordination with Loops not associated with Owests Unbundled Loop offering, CLEC may order the LNP managed cut, as described in Section 10.2.5.4. 10,2.2.4.1 Parties understand that LNP order activity must be coordinated with facilities cutovers in order to ensure that the end user customer is provided with uninterrupted service. If the Party porting the telephone number experiences problems with its port or provision of its Loop, and needs to delay or cancel the port and any Loop disconnection, that Party shall notify the other Party immediately. Parties will work cooperatively and take prompt action to delay or cancel the port and any Loop disconnection in accordance with industry (LNPA's National Number Porting Operations Team), accepted procedures to minimize end user customer service disruptions. 10.2.2.4.2 Parties shall transmit a port create subscription or port concurrence message to the NPAC, in accordance with the FCC's LNPA Working Group's guidelines. Owest will routinely send a concurrence message within the time frames established by the industry. 10.2.2.5 The Parties agree to implement LNP within the guidelines set forth by the generic technical requirements for LNP as specified in Section 21 of this Agreement. 10.2.2.6 Neither Party shall be required to provide Local Number Portabilty for telephone numbers that are excluded by FCC rulings (e.g. 500 and 900 NPAs, 950 and 976 NXX number services). 10.2.2.7 After an End Office Switch becomes equipped with LNP, all NXXs assigned to that End Office Switch will be defined as portable, to the extent Technically Feasible, and translations will be changed in each Party's Switches so that the portable NXXs are available for LNP database queries. When an NXX is defined as portable, it will also be defined as portable in all LNP-capable End Office Switches that have direct trunks to the End Office Switch associated with the portable NXX. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415~0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 231 Section 10 Ancillary Services 10.2.2.8 Each Party shall offer Local Number Portability to end user customers for any portion of an existing DID block without being required to port the entire block of DID telephone numbers. Each Party shall permit end user customers who port a portion of DID telephone numbers to retain DID service on the remaining portion of the DID telephone numbers. 10.2.2.9 At the time of porting a telephone number via LNP from Qwest, Qwest shall ensure that the L1DB entry for that telephone number is de-provisioned if the Qwest L1DB is not being used by CLEC. 10.2.2.10 Both Parties agree to follow the LNP End Office Switch request process established by the Parties and in compliance with industry guidelines. 10.2.2.11 NXX Migration, or Local Exchange Routing Guide Reassignment, reassigns the entire Central Office Code (NXX) to CLEC's End Offce Switch if the code is used solely for one end user customer. Where one Party has activated an entire NXX for a single end user customer, or activated a substantial portion of an NXX for a single end user customer with the remaining telephone numbers in the NXX either reserved for future use or otherwise unused, if such end user customer chooses to receive service from the other Party, the first Party shall cooperate with the second Party to have the entire NXX reassigned to an End Office Switch operated by the second Party through the NANP administrator. In addition, both Parties agree to cooperate in arranging necessary updates and industry notification in the LERG (and associated industry databases, routing tables, etc.). Such transfer will be accomplished with appropriate coordination between the Parties and subject to appropriate iR-ustry lead-times (as identified in the LERG and the Central Office Code Administration guidelines) for movement of NXXs from one End Offce Switch to another. Other applications of NXX migration will be discussed by the Parties as circumstances arise. 10.2.2.12 In connection with all LNP requests, the Parties agree to comply with the National Emergency Number Association (NENA) recommended standards for service provider Local Number Portability (NENA-02-011), as may be updated from time to time, regarding unlocking and updating end user customers' telephone number records in the 911/Automatic Location Information (ALI) database. The Current Service Provider shall send the 911 unlock record on the completion date of the order to the 911 database administrator. 10.2.2.13 Porting of Reserved Numbers. The end user customers of each Party may port Reserved Numbers from one Party to the other Party via LNP. Qwest will port telephone numbers previously reserved by the end user customer via the appropriate retail Tariffs until these reservations expire, Qwest will reserve telephone numbers in accordance with the FCC's rules. 10.2.2.14 Limits on Subscriber Relocation. Qwest and CLEC agree that an end user customer may geographically relocate at the same time as it ports its telephone number, using LNP, to the New Service Provider; provided, however, that the Current Service Provider may require that the end user customer's relocation at the time of the port to the New Service Provider be limited to the geographic area represented by the NXX of the ported telephone number. The Current Service Provider may not impose a relocation limitation on the . New Service Provider or the New Service Provider's subscribers that is more restrictive than that which the Current Service Provider would April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 232 Section 10 Ancillary Services impose upon its own subscribers with telephone numbers having the same NXX as the telephone number(s) being ported. In addition, the Current Service Provider may not impose any restrictions on relocation within the same Rate Center by a ported end user customer while that end user customer is served by the New Service Provider. 10.2.3 Service Management System 10.2.3.1 Each Party shall sign the appropriate NPAC user agreement(s) and obtain certification from the appropriate NPAC administrator(s) that the Party or the Party's Service Order Administration (SOA) and Local Service Management System (LSMS) vendor(s) has systems and equipment that are compatible with the NPAC's established protocols and that the application of such systems and equipment is compatible with the NPAC. 10.2.3.2 Each Party shall cooperate to facilitate the administration of the SMS through the process prescribed in the documents referenced in Section 21. 10.2.4 Database and Query Services 10.2.4.1 The LNP database provides the call routing information used by Owests End Offce Switches and Tandem Switches to route CLEC's end user customer's calls to a ported telephone number or to terminate calls to CLEC's end user customers using a ported telephone number. Owest shall perform default LNP queries where CLEC is unable to perform its own query. CLEC shall perform default LNP queries where Owest is unable_to perform its own query. Owest query services and charges are defined in FCC Tariff #5, including End Office and Tandem Switch Default Ouery Charges which are contained in Tariff Section 13 (Miscellaneous Service) and Database Ouery Charges which are contained in Tariff Section 20 (CCSAC Service Applications). 10.2.4.2 For local calls to a NXX in which at least one (1) telephone number has been ported via LNP at the request of CLEC, the Party that owns the originating Switch shall query an LNP database as soon as the call reaches the first LNP-capable Switch in the call path. The Party that owns the originating Switch shall query on a local call to a NXX in which at least one (1) telephone number has been ported via LNP prior to any attempts to route the call to any other Switch. Prior to the first telephone number in a NXX being ported via LNP at the request of CLEC, Owest may query all calls directed to the NXX, subject to the Billing provisions as discussed in Section 10.2.4.1 and provided that Owest queries shall not adversely affect the quality of service to CLEC's end user customers as compared to the service Owest provides its own end user customers. 10.2.4.3 A Party shall be charged for a LNP query by the other Party only if the Party to be charged is the N-1 Carrier and it was obligated to perform the LNP query but failed to do so. Parties are not obligated to perform the LNP query prior to the first port requested in a NXX. 10.2.4.4 On calls originating from a Party's network, the Party will populate, if Technically Feasible, the Jurisdiction Information Parameter (JIP) with the first six digits of the originating LRN in the SS7 Initial Address Message. 10.2.4.5 Each Party shall cooperate in the process of porting telephone numbers from one Carrier to another so as to limit service outage for the ported end user April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 233 Section 10 Ancillary Services customer. Owest shall update its LNP database from the NPAC SMSdata within fifteen (15) minutes of receipt of a download from the NPAC SMS. 10.2.5 Ordering 10.2.5.1 Both Parties shall comply with ordering standards as developed by the industry and as described in Section 12 of this Agreement. LNP service is ordered via a Local Service Request and associated LNP forms. CLEC may order LNP either manually or through an electronic interface. The electronic gateway solution for ordering service is described in Section 12 of this Agreement. 10.2.5.2 Standard Due Date Intervals. Service intervals for LNP are described below. These intervals include the time for Firm Order Confirmation (FOC). Orders received after 7:00 p.m. (Mountain time) are considered the next business day. The following service intervals have been established for LNP: Telephone Numbers To Port Interval* Simple (1 FR/1 FB)1-5 3 business days (includes FOC 24 hr interval) 6-50 4 business days (includes FOC 24 hr interval) 51 or more Project Basis Complex (PBX Trunks, ISDN, Centrex) 1-25 5 business days (includes FOC 24 hr interval) 26 or more Project Basis *Intervals for LNP with Unbundled Loops shall be governed by Section 9.2 of the Agreement. 10.2.5.3 Most LNP order activity is flow-through, meaning that the ten (10) digit unconditional trigger, or Line Side Attribute (LSA) trigger, can be set automatically. CLEC may request any Due Date/Frame Due Time (DD/FDT) where the trigger can be set automatically, although there may be some instances when Owest or the Number Portability Administration Center/Service Management System (NPAC/SMS) will provide prior electronic notice of specific blocks of time which cannot be used as a DD/FDT due to scheduled maintenance or other circumstances. If the DO/FDT on a flow-though cut is outside Owests normal business hours for LNP, Owest will have personnel available in the repair center to assist in the event that CLEC experiences problems during the cut. In addition, Owest allows CLEC to request a managed cut on a 24 X 7 basis in those situations where a cut would otherwise have been flow-through, but where CLEC has a business need to have Owest personnel dedicated to the cut. The terms and conditions for managed cuts are described in 10.2.5.4. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 234 Section 10 Ancillary Services 10.2.5.3.1 Qwest will set the ten (10) digit unconditional trigger for telephone numbers to be ported, unless technically infeasible, by 11 :59 p.m. (local time) on the business day preceding the scheduled port date. (A 10-digit unconditional trigger cannot be set for DID services in AXE10 and DMS10 End Office Switches thus managed cuts are required, at no charge.) The ten (10) digit unconditional trigger and End Office Switch translations associated with the end user customer's telephone number will not be removed, nor will Qwest disconnect the end user customer's Billing and account information, until 11 :59 p.m. (local time) of the next business day after the Due Date. CLEC is required to make timely notifications of Due Date changes or cancellations by 8:00 p.m. (mountain time) on the Due Date through a supplemental LSR order. In the event CLEC does not make a timely notification, CLEC may submit a late notification to Qwest as soon as possible but in no event later than 12:00 p.m. (mountain time) the next business day after the Due Date to Qwests Interconnect Service Center in the manner set forth below. For a late notification properly submitted, Qwest agrees to use its best efforts to ensure that the end user customer's service is not disconnected prior to 11 :59 p.m. of the next business day following the new Due Date or, in the case of a cancellation, no disruption of the end user customer's existing service. Late notifications must be made by calling Qwests Interconnect Service Center followed by CLEC submitting a confirming supplemental LSR order. 10.2.5.4 LNP Managed Cut With CLEC-Provided Loop: A managed cut permits CLEC to select a project managed cut for LNP. Managed cuts are offered on a 24 X 7 basis. 10.2.5.4.1 The date and time for the managed cut requires up-front planning and may need to be coordinated between Qwest and CLEC. All requests will be processed on a first come, first served basis and are subject to Qwests ability to meet a reasonable demand. Considerations such as system downtime, Switch upgrades, Switch maintenance, and the possibility of other CLECs requesting the same FDT in the same End Offce Switch (Switch contention) must be reviewed. In the event that any of these situations would occur, Qwest will coordinate with CLEC for an agreed upon FDT, prior to issuing the Firm Order Confirmation (FOC). In special cases where a FDT must be agreed upon, the interval to reach agreement will not exceed two (2) days. In addition, standard intervals will apply. 10.2.5.4.2 CLEC shall request a managed cut by submitting a Local Service Request (LSR) and designating this order as a managed cut in the remarks section of the LSR form. 10.2.5.4.3 CLEC will incur additional charges for the managed cut dependent upon the FDT. The rates are based upon whether the request is within Qwests normal business hours or out of hours. Qwests normal business hours are 7:00 a.m. to 7:00 p.m., end user customer local time, Monday through Friday. The rate for managed cuts during normal business hours is the standard rate. The rate for managed cuts out of hours, except for Sundays and. Holidays, is the overtime rate. Sundays and Holidays are at premium rate. 10.2.5.4.4 Charges for managed cuts shall be based upon actual hours April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 235 Section 10 Ancillary Services worked in one-half ('!) hour increments. Exhibit A of this Agreement contains the rates for managed cuts. CLEC understands and agrees that in the event CLEC does not make payment for managed cuts, unless disputed as permitted under Section 5.4 of this Agreement, Qwest shall not accept any new LSR requests for managed cuts. 10.2.5.45 Qwest will schedule the appropriate number of employees prior to the cut, normally not to exceed three (3) employees, based upon information provided by CLEC. CLEC will also have appropriate personnel scheduled for the negotiated FDT. If CLEC's information is modified during the cut, and, as a result, non-scheduled employees are required, CLEC shall be charged a three (3) hour minimum callout charge per each additional non-scheduled employee. If the cut is either cancelled, or supplemented to change the Due Date, within twenty-four (24) hours of the negotiated FDT, CLEC will be charged a one person three (3) hour minimum charge. If the cut is cancelled due to a Qwest error or a new Due Date is requested by Qwest within twenty-four (24) hours of the negotiated FDT, Qwest may be charged by CLEC one person three (3) hour minimum charge as set forth in Exhibit A. 10.2.5.4.6 In the event that the LNP managed cut conversion is not successful,CLEC and Qwest agree to isolate and fix the problem in a timeframe acceptable to CLEC or the end user customer. If the problem cannot be corrected within an acceptable timeframe to CLEC or the end user customer, CLEC may request the restoral of Qwest service for the ported end user customer. Such restoration shall begin immediately upon request. If CLEC is in error then a supplemental order shall be provided to Qwest. If Qwest is in error, no supplemental order or additional order will be required of CLEC. 10.2.5.4.7 Qwest shall ensure that any LNP order activity requested in conjunction with a ma'naged cut shall be implemented in a manner that avoids interrupting service to the end user customer, including, without limitation, ensuring that the end user customer's Qwest Loop will not be disconnected prior to confirmation that CLEC's Loop has been successfully installed. 10.2.6 Maintenance and Repair 10.2.6.1 Each Party is responsible for its own customers and will have the responsibility for resolution of any service trouble report( s) from its customers. Customers will be instructed to report all cases of trouble to their Current Service Provider. 10.2.6.2 Each Party will provide its respective customers the correct telephone numbers to call for access to its respective repair bureau. Each Party will provide its repair contact telephone numbers to one another on a reciprocal basis. 10.2.6.3 Qwest will work cooperatively with CLEC to isolate and resolve trouble reports. When the trouble condition has been isolated and found to be within a portion of the Qwest network, Qwest will perform standard tests and isolate and repair the trouble within twenty-four (24) hours of receipt of the report. 10.2.6.4 Qwest will proactively test new Switch features and service offerings to April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 236 Section 10 Ancillary Services ensure there are no problems with either the porting of telephone numbers or calls from Qwest customers to CLEC customers with ported telephone numbers or vice versa. 10.2.7 Rate Elements 10.2.7.1 Qwest will comply with FCC and Commission rules on cost recovery for Local Number Portability. 10.3 911/E911 Service 10.3.1 Description 10.3.1.1 911 and E911 provides an end user customer access to the applicable emergency service bureau, where available, by dialing a 3-digit universal telephone number (911). 10.3.1.2 Automatic Location Identification/Data Management System (ALI/DMS). The ALI/DMS database contains end user customer information (including name, address, telephone number, and sometimes special information from the Current Service Provider or end user customer) used to determine to which Public Safety Answering Point (PSAP) to route the calL. The ALI/DMS database is used to provide more routing flexibility for E911 calls than Basic 911. 10.3.1.3 Basic 911 directly connects to the PSAP all 911 calls from one or more local exchange End Office Switches that serve a geographic area. E911 provides additional Selective Routing flexibility for 911 calls. E911 uses end user customer data, contained in the ALI/DMS, to determine to which Public Safety Answering Point (PSAP) to route the call. 10.3.2 Terms and Conditions 10.3.2.1 Qwest will provide nondiscriminatory access to the same Basic 911 or Enhanced 911 features, functions and services that Qwest provides to its end user customers. E911 functions provided to CLEC shall be at the same level of accuracy and reliability as for such support and services that Qwest provides to its end user customers for such similar functionality. 10.3.2.2 In counties where Qwest has obligations under existing agreements as the primary provider of the 911 system to the county, CLEC will participate in the provision of the 911 System as described in Section 10.3. 10.3.2.3 services. Qwest shall conform to all state regulations concerning emergency Qwest shall route E911 calls to the appropriate PSAP. 10.3.2.5 Each Party will be responsible for those portions of the 911 system for which it has total control, including any necessary maintenance to each Party's portion of the 911 system. 10.3.2.4 10.3.2.6 Qwest will provide CLEC with the identification of the Qwest 911 April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 237 Section 10 Ancillary Services controlling office that serves each geographic area served by CLEC. 10.3.2.7 Owest will provide CLEC with the ten-digit telephone numbers of each PSAP agency, for which Owest provides the 911 function, to be used by CLEC to acquire emergency telephone numbers for operators to handle emergency calls in those instances where CLEe's end user customer dials "0" instead of "911". It shall be the responsibility of CLEC to verify or confirm the appropriate use of the contact information provided by Owest with each PSAP prior to offering 911 calls or publication of such data. 10.3.2.8 If a third party is the primary service provider to a county, CLEC will negotiate separately with such third party with regard to the provision of 911 service to the county. All relations between such third party and CLEC are separate from this Agreement and Owest makes no representations on behalf of the third party. 10.3.2.9 If CLEC is the primary service provider to the county, CLEC and Owest will negotiate the specific provisions necessary for providing 911 service to the county and will include such provisions in an amendment to this Agreement. 10.3.2.10 CLEC will separately negotiate with each county regarding the collection and reimbursement to the county of applicable end user customer taxes for 911 service. 10.3.2.11 CLEC is responsible for network management of its network components in compliance with the Network Reliability Council Recommendations and meeting the network standard of Owest for the 911 call delivery. 10.3.2.12 The Parties shall provide a single point of contact to coordinate all activities under this Agreement. 10.3.2.13 Neither Party will reimburse the other for any expenses incurred in the provision of E911 services. All costs incurred by the Parties for 911/E911 services shall be billed to the appropriate PSAP. 10.3.2.14 Owests designated E911 database provider, an independent third party, will be responsible for maintaining the E911 database. CLEC shall have non- discriminatory unbundled access to the E911 database, including the listings of other LECs for purposes of providing 911 services related to the public health, safety and welfare. 10.3.3 E911 Database Updates 10.3.3.1 CLEC exchanges to be included in Owests E911 Database will be indicated via written notice to the appropriate 911 authority (state agency or PSAP administrator or county) and will not require an amendment to this Agreement. 10.3.3.2 Owests designated E911 database provider, an independent third party, will be responsible for maintaining the E911 database. Owest, or its designated database provider, will provide to CLEC an initial copy of the most recent Master Street Address Guide (MSAG), and subsequent versions on a quarterly basis, at no charge. MSAGs provided outside the quarterly schedule will be provided and charged on an Individual Case Basis. The data wil be provided in computer readable format. Owest shall provide CLEC access to the Master Street Address Guide at a level of accuracy April 15, 2008/lhd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 238 Section 10 Ancillary Services and reliability that is equivalent to the access Qwest provides to itself. 10.3.4 E911 Database Updates for Facilties-Based CLECs 10.3.4.1 Qwest will ensure that the 911 database entries for CLEC will be maintained with the same accuracy and reliability that Qwest maintains for Qwests own end user customers. 10.3.4.2 For Selective Routing table updates, facilities-based CLECs will negotiate directly with Qwests database provider for the input and validation of end user customer data into the Qwest Automatic Location Identification (ALI) database. CLEC will negotiate directly with the PSAP (or PSAP agency's) DMS/ALI provider for input of end user customer data into the ALI database. In most cases the Selective Routing table updates and the ALI database will be managed by the same provider. CLEC assumes all responsibility for the accuracy of the data that CLEC provides for MSAG preparation and E911 Database operation. 10.3.4.3 If it is facilities-based, CLEC will provide end user customer data to Qwests agent for the Qwest ALI database utilizing NENA-02-010 Recommended Formats and Protocols For ALI Data Exchange standards. Qwest will furnish CLEC any variations to NENA recommendations required for ALI database input. 10.3.4.4 If it is facilities-based, CLEC will provide end user customer data to Qwests database provider for Qwests ALI database that is MSAG valid and meets all components of the NENA-02-011 Recommended Data Standards for Local Exchange Carriers, ALI Service Providers and 9-1-1 Jurisdictions standard format, as specified by Qwest. 10.3.4.5 If it is facilities-based, CLEC will update its end user customer records provided to Qwests database provider for Qwests ALI database to agree with the 911 MSAG standards for its service areas. 10.3.4.6 Qwests E911 database administrator, an independent third party, shall resolve failed Local Number Portability migrate records in accordance with the NENA standard, NENA-02-011 Sections 228.1-2, for Qwest records where Qwest is the donor company as defined in the NENA standard. The Qwest E911 database administrator will compare CLEC's (Le., recipient company as defined in the NENA standard) failed migrate records to the Regional Number Portability Administration Center's (NPAC) database once each business day to determine if the migrate record (i.e., ported telephone number) has been activated by the recipient company. If the migrate record has been activated by CLEC in the NPAC, the record shall be unlocked and the migrate record processed. If, at the end often (10) business days, the NPAC database does not show the migrate record as activated or the record owner identification does not match, the migrate record will be rejected. The E911 database administrator will send reports regarding CLEC's failed migrate records (i.e., 755 error code) and rejected migrate records (Le., 760 error code) to CLEC or CLEC's designated database administrator. Qwests E911 database administrator will also resolve failed migrate records for CLEC, if valid based on the NPAC database. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30,2007 239 Section 10 Ancillary Services 10.3.5 E911 Database Updates for Resale Based CLECs 10.3.5.1 For resold services, Qwest, or its designated database provider, will provide updates to the ALI database in a manner that is at the same level of accuracy and reliability as such updates are provided for Qwests end user customers. For resold accounts, CLEC shall provide Qwest with accurate end user customer location information to be updated to the ALlIDMS database. Qwest shall use its current process to update and maintain end user customer information in the ALI/OMS database. 10.3.6 E911 Database Accuracy 10.3.6.1 E911 Database accuracy shall be measured jointly by the PSAPs and Qwests database provider in a format supplied by Qwest. The reports shall be forwarded to CLEC by Qwests database provider when relevant and will indicate incidents when incorrect or no ALI data is displayed. The reports provided to CLEC shall contain CLEC-specific information regarding CLEC's accounts. 10.3.6.2 Each discrepancy report will be jointly researched by Qwest and CLEC. Corrective action will be taken immediately by the responsible Party. 10.3.6.3 Each Party providing updates to the E911 database will be responsible for the accuracy of its end user customer records. Each Party providing updates specifically agrees to indemnify and hold harmless the other Party from any claims, damages, or suits related to the accuracy of end user customer data provided for inclusion in the E911 Database. 10.3.6.4 Qwest and its vendor will provide non-discriminatory error correction for records submitted to the Automatic Location Identification (ALI) database. For resold accounts, if vendor detects errors, it will attempt to correct them. If vendor is unable to correct the error, vendor will contact Qwest for error resolution. For errors referred to Qwest, Qwest will provide the corrections in a non-discriminatory manner. If Qwest is unable to resolve the error, Qwest will contact the Resale-CLEC for resolution. In the case of facilities-based CLECs, the vendor will interface directly with CLEC to resolve record errors. 10.3.7 E911 Interconnection 10.3.7.1 If required by CLEC, Qwest shall interconnect direct trunks from CLEC's network to the Basic 911 PSAP, or the E911 tandem. Such trunks may alternatively be provided by CLEC. If provided by Qwest, such trunks will be provided on a non- discriminatory basis. Qwest shall provide special protection identification for CLEC 911 circuits in the same manner as Qwest provides for its 911 circuits. 10.3.7.1.1 The Parties shall establish a minimum of two (2) dedicated trunks from CLEC's Central Office to each Qwest 911/E911 Selective Router (i.e., 911 Tandem Office) that serves the areas in which CLEC provides Exchange Service, for the provision of 911/E911 services and for access to all subtending PSAPs (911 Interconnection Trunk Groups). CLEC can order diverse routing for 911/E911 circuits, if facilities åre available. When Qwest facilities are available, Qwest will comply with diversity of facilities and systems as ordered by CLEC. Where there is alternate routing of 911/E911 calls to a PSAP in the event of April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 240 Section 10 Ancillary Services failures, Qwest shall make that alternate routing available to CLEC. 10.3.7.1.2 911 Interconnection Trunk Groups must be, at a minimum, DSO level trunks configured as a 2-wire analog interface or as part of a digital (1.544 Mbps) interface. Either configuration must use Centralized Automatic Message Accounting (CAMA) type signaling with MF tones that will deliver Automatic Number Identification (ANI) with the voice portion of the call, or Signaling System 7 (SS7) if available (Le., other signaling technology as available). All 911 Interconnection trunk groups must be capable of transmitting and receiving Baudot code necessary to support the use of Telecommunications Devices for the Deaf (TTY/TDDs). 10.3.7.1.3 Qwest shall begin restoration of 911/E911 trunking facilities immediately upon notification of failure or outage. Qwest must provide priority restoration of trunks or network outages on the same terms and conditions it provides itself. CLEC will be responsible for the isolation, coordination, and restoration of all 911 network maintenance problems to CLEC's demarcation. Qwest will be responsible for the coordination and restoration of all 911 network maintenance problems beyond the demarcation. Qwest repair service includes testing and diagnostic service from a remote location, dispatch of or in-person visit(s) of personneL. Where an on-site technician is determined to be required, a technician will be dispatched without delay. CLEC is responsible for advising Qwest of the circuit identification when notifying Qwest of a failure or outage. The Parties agree to work cooperatively and expeditiously to resolve any 911 outage. Qwest will refer network trouble to CLEC if no defect is found in Qwests network. The Parties agree that 911 network problem resolution will be managed in an expeditious manner at all times. 10.3.7.2 For CLEC-identified 911 trunk blockages, Qwest agrees to take corrective action using the same trunking service procedures used for Qwests own E911 trunk groups. 10.3.7.3 The Parties will cooperate in the routing of 911 traffic in those instances where the ALI/ANI information is not available on a particular 911 call. 10.3.7.4 For facilities-based CLEC using its own switch( es), Qwest shall provide 911 Interconnection, including the provision of dedicated trunks from CLEC End Office Switch to the 911 control office, at Parity with what Qwest provides itself. 10.3.7.5 For CLEC's resale local exchange lines, Qwest shall provide access to the same 911 trunks used for Qwests retail end user customers which extend from the Qwest End Office Switch to the Basic 911 PSAP or the E911 Tandem Switch. CLEC access to such 911 trunks shall be on a shared, non-discriminatory basis. 10.3.8 E911 and Number Portabilty 10.3.8.1 When a Qwest telephone number is ported out, receiving CLEC shall be responsible to update the ALI/DMS database. When CLEC's telephone number is ported in, Qwest shall be responsible to update the ALlIDMS database. 10.3.8.2 . When Remote Call Forwarding (RCF) is used to provide number April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 241 Section 10 Ancillary Services portability to the end user customer and a remark or other appropriate field information is available in the database, the shadow or "forwarded-to" number and an indication that the number is ported shall be added to the end user customer record by CLEC. 10.4 White Pages Directory Listings Service 10.4.1 Description White Pages Directory Listings Service consists of Owest placing the names, addresses and telephone numbers of CLEC's end user customers in Owests Listings database, based on end user customer information provided to Owest by CLEC. Owes! is authorized to use CLEC end user customer Listings as noted below. 10.4.2 Terms and Conditions 10.4.2.0 White Pages Directory Listings Service is provided to reseller CLEC with CLEC's resold local exchange lines, and such Listings include terms and conditions (except prices) for Listings in Owests applicable product Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. To the extent, however, that a conflict arises between the terms and conditions of the Tariff, catalog, price list, or other retail Telecommunications Services offering and this Agreement, this Agreement shall be controlling. White Pages Directory Listings Service is available to facilities-based CLEC as described in this Section. 10.4.2.1 Reseller CLEC and facilities-based CLEC using Owests switching services to provide local Exchange Service will provide, and facilities-based CLEC using its own or a third party's Switch(es) may provide, to Owest, in standard format, by mechanized or by manual transmission to Owest, its primary, premium and privacy Listings. 10.4.2.1.1 Owest will accept one (1) primary Listing for each main telephone number belonging to CLEC's resale and facilities-based end user customers at no monthly recurring charge. 10.4.2.1.2 CLEC will be charged for its resale premium Listings (e.g., additional, foreign, cross-reference) and privacy Listings (i.e., nonlisted and nonpublished) at Owests General Exchange Listing Tariff rates, less the wholesale discount, if any, as described in Exhibit A. CLEC will be charged for its facilities-based premium Listings (e.g., additional, foreign, cross-reference) and privacy Listings (i.e., nonlisted and nonpublished) at market-based prices contained in Exhibit A. Primary Listings and other types of Listings are defined in the Owest General Exchange Tariffs. 10.4.2.2 Intentionally Left Blank. 10.4.2.3 Information on submitting and updating Listings is available in "Facility Based CLECs and Reseller/Unbundled Network CLECs Directory Listings User Document." Owest will furnish CLEC Listings format specifications. Directory publishing schedules and deadlines for Owests official directory publisher will be provided to CLEC. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 242 Section 10 Ancillary Services 10.4.2.4 If CLEC provides its end user customer's Listings to Owest, CLEC grants Owest access to CLEC's end user customer Listings information for use in its Directory Assistance Service as described in Section 10.5, and in its Directory Assistance List Service as described in Section 10.6, and for other lawful purposes, except that CLEC's Listings supplied to Owest by CLEC and marked as nonpublished or non listed Listings shall not be used for marketing purposes subject to the terms and conditions of this Agreement. Owest will incorporate CLEC end user customer Listings in the Directory Assistance Database. Owest will incorporate CLEC's end user customer Listings information in all existing and future Directory Assistance applications developed by Owest. Should Owest cease to be a Telecommunications Carrier, by virtue of a divestiture, merger or other transaction, this access grant automatically terminates. 10.4.2.5 CLEC end user customer Listings will be treated the same as Owests end user customer Listings. Prior written authorization from CLEC, which authorization may be withheld, shall be required for Owest to sell, make available, or release CLEC's end user customer Listings to directory publishers, or other third parties other than Directory Assistance providers. No prior authorization from CLEC shall be required for Owest to sell, make available, or release CLEC's end user customer Directory Assistance Listings to Directory Assistance providers. Listings shall not be provided or sold in such a manner as to segregate end user customers by Carrier. Owest will not charge CLEC for updating and maintaining Owests Listings databases. CLEC will not receive compensation from Owest for any sale of Listings by Owest as provided for under this Agreement, 10.4.2.6 To the extent that state Tariff(s- limit Owests liability with regard to Listings, the applicable state Tariff(s) is incorporated herein and supersedes the Limitation of Liability section of this Agreement with respect to Listings only. 10.4.2.7 Owest is responsible for maintaining Listings, including entering, changing, correcting, rearranging and removing Listings in accordance with CLEC orders. 10.4.2.8 Owest provides non-discriminatory appearance and integration of white pages directory Listings for all CLEC's and Owests end user customers. All requests for white pages directory listings, whether for CLEC or Owest end user customers, follow the same processes for entry into the Listings database. 10.4.2.9 Owest will take reasonable steps in accordance with industry practices to accommodate CLEC's non published and nonlisted Listings provided that CLEC has supplied Owest the necessary privacy indicators on such Listings. 10.4.2.10 CLEC's white pages directory listings will be in the same font and size as Listings for Owest end user customers, and will not be separately classified. 10.4.2.11 Owest processes for publication of white pages Directory Listings will make no distinction between CLEC's and Owests subscribers. CLEC's Listings will be provided with the same accuracy and reliability as Owests end user customer Listings. Owest will ensure CLEC's Listings provided to Owest are included in the white pages directory published on Owests behalf using the same methods and procedures, and under the same terms and conditions, as Owest uses for its own end user customer Listings. April 15, 2008/1hd/XO Communications/l D/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 243 Section 10 Ancillary Services 10.4.2.12 For CLEC's end user customers whose Listings CLEC provides to Owest for submission to its official directory publisher, Owest shall ensure its third party publisher distributes appropriate alphabetical and classified directories (white and yellow pages) and recycling services to such CLEC end user customers at Parity with Owest end user customers, including providing directories a) upon establishment of new service; b) during annual mass distribution; and c) upon end user customer request. 10.4.2.13 CLEC shall use commercially reasonable efforts to ensure that Listings provided to Owest are accurate and complete. All third party Listings information is provided AS IS, WITH ALL FAULTS. CLEC further represents that it shall review all Listings information provided to Owest, including end user customer requested restrictions on use, such as non published and non listed restrictions. 10.4.2.14 Intentionally Left Blank. 10.4.2.15 CLEC shall be solely responsible for knowing and adhering to state laws or rulings regarding Listings and for supplying Owest with the applicable Listing information. Owest understands that certain states, including, but not necessarily limited to, Minnesota, South Dakota, and Washington, have enacted statutes that impose certain requirements upon the provision of wireless listings, and CLEC represents and warrants that listings CLEC submits to Owest reflect and are provided in full compliance with applicable laws and regulations, including but not limited to, laws and regulations applicable to wireless listings. 10.4.2.16 CLEC agrees to provide to Owest its end user customer names, addresses and telephone numbers in a standard mechanized or manual format, as specified by Owest. 10.4.2.17 CLEC will supply its ACNAICIC or CLCC/OCN, as appropriate, with each order to provide Owest the means of identifying Listings ownership. 10.4.2.18 Prior to placing Listings orders on behalf of end user customers, CLEC shall be responsible for obtaining, and have in its possession, Proof of Authorization (POA), as set forth in Section 5.3 of this Agreement. 10.4.2.19 For Listings that CLEC submits to' Owest, Owest will provide monthly Listing verification proofs that provide the data to be displayed in the published white pages directory and available on Owests Directory Assistance Service. Verification proofs containing non published and nonlisted Listings are also available upon request on the same monthly schedule. 10.4.2.20 Owest will provide CLEC a reasonable opportunity to verify the accuracy of its Listings to be included in the white pages directory and in Owests Directory Assistance Service. 10.4.2.21 CLEC may review and if necessary edit its white page Listings prior to the close date for publication in the directory. 10.4.2.22 CLEC is responsible for all dealings with, and on behalf of, CLEC's end user customers, including: April 15, 200811hd/XO CommunicationsliD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 244 Section 10 Ancillary Services 10.4.2.22.1 All end user customer account activity (e.g., end user customer queries and complaints); 10.4.2.22.2 All account maintenance activity (e.g., additions, changes, issuance of orders for Listings to Qwest); 10.4.2.22.3 Determining privacy requirements and accurately coding the privacy indicators for CLEC's end user customer information (if end user customer information provided by CLEC to Qwest does not contain a privacy indicator, no privacy restrictions will apply); and 10.4.2.22.4 Customers. Any additional services requested by CLEC's end user 10.4.2.23 Pursuant to Sections 222 (a), (b), (c), (d), and (e) of the Telecommunications Act, Qwest will provide subscriber list information gathered in Qwests capacity as a provider of local Exchange Service on a timely basis, under non- discriminatory and reasonable rates, terms and conditions to CLEC upon request for the purpose of publishing directories in any format. Rates may be subject to federal or state law or rules, as appropriate. Upon request by CLEC, Qwest shall enter into negotiations with CLEC for CLEC's use of subscriber list information for purposes other than publishing directories, and Qwest and CLEC will enter into a written contract if agreement is reached for such use. 10.4.2.23.1 Qwest shall use commercially reasonable efforts to ensure that its retail end user customer Listings provided to CLEC are accurate and complete. Any third party Listings are provided AS iS, WITH ALL FAULTS. Qwest further represents that it shall review all its retail end user customer Listings information provided to CLEC including end user customer requested restrictions on use, such as nonpublished and non listed restrictions. 10.4.2.24 Qwest represents and warrants that any arrangement for the publication of white pages Directory Listings with an Affliate or contractor, requires such Affliate or contractor to publish the Directory Listings of CLEC contained in Qwests Listings database so that CLEC's Directory Listings are non-discriminatory in appearance and integration, and have the same accuracy and reliability that such Affiliate or contractor provides to Qwests end user customers. 10.4.2.25 Qwest further agrees that any arrangements for the publication of white pages Directory Listings with an Affiliate or contractor shall require such Affiliate or contractor to include in the customer guide pages of the white pages directory, a notice that end user customers should contact their Current Service Provider to request any modifications to their existing Listing or to request a new Listing. 10.4.2.26 Qwest agrees that any arrangement with an Affiliate or contractor for the publication of white pages directory Listings shall require such Affiliate or contractor to provide CLEC space in the customer guide pages of the white pages directory for the purpose of notifying end user customers how to reach CLEC to: (1) request service; (2) contact repair service; (3) dial Directory Assistance; (4) reach an account representative; (5) request buried cable locate service; and (6) contact the special needs center for end user customers with disabilities. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 245 Section 10 Ancillary Services 10.4.2.27 If CLEC submits its end user customer Listings to Owest through a service bureau or other type of third party (agent), CLEC and the agent shall execute a Letter of Authorization (LOA), in a form acceptable to Owest, that shall include, but not be limited to, the following terms: 10.4.2.27.1 That the agent is authorized by CLEC to submit Listings to Owest on its behalf and to work with Owest in resolving any issues surrounding its Listing submissions; and 10.4.2.27.2 That the agent will comply with all terms and conditions of this Agreement in submitting CLEC's end user customers' Listings to Owest. 10.42.27.3 CLEC's use of an agent in submitting its end user customers' Listings to Owest shall not alter CLEC's obligations under this Agreement and CLEC shall remain primarily liable for covenants and responsibilities under this Agreement. 10.4.3 Rate Elements The following rate elements apply to white pages directory Listings and are contained in Exhibit A of this Agreement. 10.4.3.1 Primary Listings; and 10.4.3.2 Premium and Privacy Listings. 10.4.4 Ordering Process 10.4.4.1 Owest provides training on white pages directory Listings requests and submission processes. The ordering process is similar to the service ordering process. 10.4.4.2 CLEC Listings can be submitted for inclusion in Owest white pages directories according to the directions in the Owest Listings User Documents for Facility- Based and Reseller CLECs, which is available on-line through the PCAT (http://ww.qwest.com/wholesale/pcatl) or will be provided in hard copy to CLEC upon request. Initial information and directions are available in the PCA T. 10.4.4.3 CLEC can submit the OBF forms incorporated in the Local Service Request via the IMA-EDI, IMA-GUI, or by facsimile. 10.5 Directory Assistance Service 10.5.1 Description 10.5.1.1 Directory Assistance Service is a voice service that Owest provides to its own end user customers, reseller and/or facilities-based CLEC, and to other Telecommunications Carriers. Directory Assistance Service provided to CLEC includes non-discriminatory access to Owests Directory Assistance centers, services, and Directory Assistance Databases. Directory Assistance Service provides voice callers published and nonlisted listing information, which is comprised of nam'e and telephone number, and address if available, as contained in Owests then-current Directory Assistance Database and in the national Directory Assistance Database that is accessed by Owest. Directory Assistance Service is available with CLEC-specific branding, April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 246 Section 10 Ancillary Services generic branding and with Directory Assistance Call Completion service options, where available. If facilities-based CLEC chooses to access Qwests Directory Assistance Service, it is provided to CLEC under this Agreement pursuant to Section 251 (b )(3) of the Act. As such, the pricing requirements of Section 252(d)(1) of the Act are not applicable. 10.5.1.1.1 Directory Assistance Service. 10.5.1.1.1.1 Local Directory Assistance Service. Provides CLEC's end user customers published and non-listed Listing information within the caller's LATA that are included in Qwests then-current Directory Assistance Database. 10.5.1.1.1.2 National Directory Assistance Service. Provides CLEC's end user customers published and non listed listing information from the database of the national Directory Assistance Services vendor selected and accessed by Qwest. 10.5.1.1.1.3 Call Branding Service. Provides CLEC Local and national Directory Assistance Service that is branded with the brand of CLEC (CLEC-specific branding), where Technically Feasible, or with a generic brand. CLEC-specific Call Branding announces CLEC's name to CLEC's end user customer at the start and completion of the calL. Generic branding does not announce any provider's name. CLEC- specific Call Branding and generic branding are optional services available to CLEC. a) Front End CLEC-specific Call Branding - Announces CLEC's name to CLEC's end user customer at the start of the call. b) Back End CLEC-specific Call Branding - Announces CLEC's name to CLEC's end user customer at the completion of the calL. c) Intentionally Left Blank. d) Qwest will record CLEC's specific brand message. 10.5.1.1.1.4 Call completion service allows CLEC's end user customers' calls to be completed, where available. 10.5.1.1.2 Intentionally Left Blank. 10.5.1.1.3 Intentionally Left Blank. 10.5.2 Terms and Conditions 10.5.2.0 Directory Assistance Service accessed over CLEC's resold local exchange lines includes terms and conditions (except prices) for Directory Assistance Service in Qwests applicable product Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. To the extent, however, that a conflict arises April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-Û003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 247 Section 10 Ancillary Services between the terms and conditions of the Tariff, catalog, price list, or other retail Telecommunications Services offering and this Agreement, this Agreement shall be controlling. Directory Assistance Service is available to facilities-based CLEC as described in this Section unless otherwise noted. If facilities-based CLEC chooses to access Qwests Directory Assistance Service, it is provided to CLEC under this Agreement pursuant to Section 251 (b )(3) of the Act. As such, the pricing requirements of Section 252(d)(1) of the Act are not applicable. Directory Assistance Service is available to CLEC as a facilities-based provider at the market-based prices contained in Exhibit A. 10.5.2.1 Intentionally Left Blank. 10.5.2.2 Qwests Directory Assistance Database contains only those published and non-listed telephone number Listings obtained by Qwest from its own end user customers and other Telecommunications Carriers. 10.5.2.3 Qwest will provide access to Directory Assistance Service for facilities- based CLEC using its own or a third party's Switch(es) via dedicated multi-frequency (MF) operator service trunks. CLEC may purchase operator service trunks from Qwestor provide them itself. These operator service trunks will be connected directly to a Qwest Directory Assistance host or remote Switch. CLEC will be required to order or provide at least one (1) operator services trunk for each NPA served. 10.5.2.4 Qwest will perform Directory Assistance Services for CLEC in accordance with operating methods, practices, and standards in effect for a+ Qwest end user customers. Qwest will provide the same priority of handling for CLEC's end user customer calls to Qwests Directory Assistance Service as it provides for its own end user customer calls. Calls to Qwests Directory Assistance Service are handled on a first come, first served basis, without regard to whether calls are originated by CLEC or Qwest end user customers. 10.5.2.5 CLEC-specific Call Branding for Directory Assistance requires recording CLEC's brand message and setting up the brand message. 10.5.2.6 Intentionally Left Blank. 10.5.2.7 Intentionally Left Blank. 10.5.2.8 Reseller CLEC's end user customers will use the same dialing pattern to access Directory Assistance Service as used by Qwests end user customers (i.e., 411, 555-1212, or NPA+555-1212). 10.5.2.9 Facilities-based CLEC using its own or a third party's Switch(es) may choose to have its end user customers dial a unique number or use the same dialing pattern as Qwest end user customers use to access Qwest Directory Assistance Service. 10.5.2.10 Qwest will timely enter into its directory assistance database updates of CLEC's Listings that CLEC provides to Qwest as described in Section 10.4. Qwest will incorporate CLEC end user customer Listings in the Directory Assistance Database. Qwest will incorporate CLEC's end user customer Listings information in all existing and April 15, 2008/lhd/XO Communications/IO/ Agreement Number COS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 248 Section 10 Ancillary Services future Directory Assistance applications developed by Qwest. Qwest will implement quality assurance procedures such as random testing for listing accuracy. Qwest will identify itself to end user customers calling its Directory Assistance Service provided for itself either by company name or operating company name or operating company number so that end user customers have a means to identify with whom they are dealing. 10.5.2.10.1 In accordance with Section 18, where CLEC supplies its Listings to Qwest, CLEC may request a comprehensive audit of Qwests use of CLEC's Listings for Directory Assistance Service. In addition to the terms specified in Section 18, the following also apply: as used herein, "Audit" shall mean a comprehensive review of the other Party's delivery and use of the Listings for Directory Assistance Service provided hereunder and such other Party's performance of its obligations under this Agreement.CLEC may perform up to two (2) audits per twelve (12) month period commencing with the Effective Date of this Agreement of Qwests use of CLEC's Listings in Qwests Directory Assistance Service. CLEC shall be entitled to "seed" or specially code some or all of the Listings for Directory Assistance Service that it provides hereunder in order to trace such information during an Audit and ensure compliance with the disclosure and use restrictions set forth in this Agreement. 10.5.2.11 Qwest shall use CLEC's Listings supplied to Qwest by CLEC under the terms of this Agreement for purposes of providing Directory Assistance Service and for other lawful purposes, except that CLEC's Listings supplied to Qwest by CLEC and marked as I1npublished or nonlisted Listings shall not be used for marketing purposes, subject to the terms and conditions of this Agreement. 10.5.3 Rate Elements The following rate elements apply to Directory Assistance Service. Directory Assistance Service is provided to CLEC for resale with resold local exchange lines at the Qwest retail price less the wholesale discount contained in Exhibit A, if any. Directory Assistance Service is provided to CLEC as a facilities-based provider at the market-based prices contained in Exhibit A. 10.5.3.1 A per-call rate applies for Local Directory Assistance and for national Directory Assistance Services. 10.5.3.2 A nonrecurring set-up and recording fee will be charged for establishing each CLEC-specific Call Brand message. A nonrecurring charge to load CLEC's specific brand message in each Qwest Switch also applies. Such nonrecurring fees must be paid before branding commences. If CLEC establishes a branding option, and requests a subsequent change in branding, nonrecurring charges apply as contained in Exhibit A. 10.5.3.3 A per-call rate is applicable for call completion service. 10.5.4 Ordering Process CLEC will order Directory Assistance Service by completing the questionnaire entitled "Qwest Operator Services/Directory Assistance Questionnaire for Competitive Local Exchange Carriers." This questionnaire may be obtained from CLEC's Qwest account manager. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 249 Section 10 Ancillary Services 10.5.5 Billng 10.5.5.1 Owest will track and bill CLEC for the number of calls placed to Owests Directory Assistance Service by CLEC's end user customers as well as for the number of requests for call completion service. 10.5.5.2 For purposes of determining when CLEC is obligated to pay the per call rate, the call shall be deemed made and CLEC shall be obligated to pay when the call is received by the operator services Switch. An end user customer may request and receive no more than two (2) telephone numbers per Directory Assistance calL. Owest will not credit, rebate or waive the per call charge due to any failure to provide a telephone number. 10.5.5.3 Call completion service will be charged at the per call rate when the end user customer completes the required action (i.e., "press the number one," "stay on the line," etc.). 10.6 Directory Assistance List 10.6.1 Description 10.6.1.1 Directory Assistance List (DAL) information consists of name, address and telephone number information for all end user customers of Owest and other LECs that are contained in Owests Directory Assistance Database and, where available, related elements required in the provision of Directory Assistance Service to CLEC's end user customers. No prior authorization fromCLEC shall be required for Owest to sell, make available, or release CLEC's end user customer Directory Assistance Listings to Directory Assistance providers. In the case of end user customers who have non- published Listings, Owest shall provide the end user customer's local Numbering Plan Area (NPA), address, and an indicator to identify the non-published status of the Listing; however, Owest will not provide the non-published telephone number in DAL information. DAL information includes privacy and use restriction indicators as requested by Owests retail end user customers and by Carriers. DAL is provided pursuant to Section 251 (b )(3) of the Act. As such, the pricing requirements of Section 252(d)(1) of the Act are not applicable. DAL shall be provided to CLEC at market-based prices contained in Exhibit A. 10.6.1.2 Owest will provide DAL information via initial loads and daily updates by means of Network Data Mover (NDM) or as otherwise mutually agreed upon by the Parties. Owest will provide all changes, additions or deletions to the DAL information overnight on a daily basis. The Parties will use a mutually agreed upon format for the data loads. 10.6.1.3 DAL information shall specify whether the Owest end user customer is a residential, business, or government subscriber, and the Listings of other Carriers will specify such information where it has been provided on the Carrier's Listing order. 10.6.1.4 In the event CLEC requires a reload of DAL information from Owests database in order to validate, synchronize or reconcile its database, a reload will be made available according to the rate specified in Exhibit A. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 250 Section 10 Ancillary Services 10.6.1.5 Qwest and CLEC will cooperate in the designation of a location to which the data will be provided. 10.6.2 Terms and Conditions 10:6.2.1 If CLEC purchases use of Qwests DAL information under this Agreement, Qwest grants to CLEC, as a competing provider of telephone Exchange Service and telephone toll service, access to DAL information for purposes of providing Directory Assistance Services and for other lawful purposes, including directory publishing in any format or medium, under the terms and conditions of this Agreement. CLEC is solely responsible for its lawful use of DAL information obtained under this Agreement pursuant to Section 251 (b)(3) of the Act, including use of such information only for purposes permitted, or not prohibited by, the Act, federal and state laws, rules, and regulations, the FCC's orders, rules and regulations, and the Commission's orders, rules, and regulations. As it pertains to the use of DAL information in this Agreement, "Directory Assistance Service" shall mean the provision, by CLEC, via a live operator or mechanized system, of telephone number and address information for an identified name or the name and/or address for an identified telephone number. Should CLEC cease to be a Telecommunications Carrier, a competing provider of telephone Exchange Service, or telephone toll service, this access grant automatically terminates. 10.6.2.1.1 Qwest shall make commercially reasonable efforts to ensure that Listings belonging to Qwest retail end user customers provided to GLEC in Qwests DAL information are accurate and complete. All third party DAL information is provided AS IS, WITH ALL FAULTS. Qwest further represents that it shall review all of its end user customer Listings information provided to CLEC, including end user customer requested restrictions on use, such as non- published and non-listed restrictions. 10.6.2.1.2 If CLEC purchases use of Qwests DAL information under this Agreement, Qwest shall notify CLEC of any directive from Carriers, whose listings may be included in Qwests DAL information, which prohibits use of their DAL information for purposes of directory publishing. CLEC that purchases use of Qwests DAL information shall not include such Carrier's Listings that may be included in the DAL information in any directory it publishes or causes to be published, in any format or medium. 10.6.2.1.3 Listings included in Qwests DAL information and marked to indicate a restriction on use, or to indicate a restriction on inclusion of Listing information in Directory Assistance Service applications and/or in published directories, shall be used by CLEC only in a manner that is consistent with each such restriction and that does not violate a restriction, including the following. 10.6.2.1.3.1 Restriction indicators on DAL information include: . Privacy indicators, including non published and nonlisted indicators; · No solicitation indicators; · Omit from address directories indicators; and April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 251 Section 10 Ancillary Services . Omit from telemarketing, direct mail, and e-mail lists indicators. 10.6.2.1.3.2 Nonlisted Listings and non published Listings shall not be included in any directory produced in any format or medium. 10.6.2.1.3.3 Nonpublished Listings information provided in DAL information shall not be used for any purpose except for providing Directory Assistance Services. When used in Directory Assistance Services applications, nonpublished Listings shall not be used for any purpose other than in matching a search query. The non published subscriber name and address, while supplied to CLEC in DAL information, shall not be provided to any person other than the operator responding to the end user customer Directory Assistance Services query. 10.6.2.2 If CLEC purchases use of DAL information under this Agreement, CLEC will obtain and timely enter into its Directory Assistance Database daily updates of the DAL information, will implement quality assurance procedures such as random testing for Directory Assistance Listing accuracy, and will identify itself to end user customers calling its Directory Assistance Service either by company name or operating company number so that end user customers have a means to identify with whom they are dealing. 10.6.2.3 Intentionally Left Blank. 10.6.2.4 Owest shall retain all right, title, interest and ownership in and to the DA Listing information it provides hereunder. CLEC acknowledges and understands that while it may disclose the names, addresses, and telephone numbers (or an indication of non-published status) of Owests end user customers to a third party calling its Directory Assistance for such information, the fact that such end user customer subscribes to Owests Telecommunications Services is Confidential and Proprietary Information and shall not be disclosed to any third party. 10.6.2.5 Each Party shall take commercially reasonable and prudent measures to prevent unlawful use of Owests DAL information at least equal to the measures it takes to protect its own Confidential and Proprietary Information, including but not limited to implementing adequate computer security measures to prevent unauthorized access to Owests DAL information when contained in any database. 10.6.2.5.0 CLEC shall include in its sublicense agreement with directory publishers, at a minimum; 1) a restriction limiting use of DAL information to purposes of directory publishing; 2) a requirement that the directory publisher abide by all privacy indicators in any directories published in any format or medium; 3) Owest as third party beneficiary; and 4) the following language: Publisher shall not sublicense, copy, or allow any third party, with the exception of end user customers and corporate affiliates for purposes associated with the use of directories and for publishing directories, to access, down load, copy or use DAL information, or any portions thereof, or any information extracted there from. Each Party shall take commercially reasonable and prudent measures to prevent disclosure April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 252 Section 10 Ancillary Services and unauthorized use of the DAL information at least equal to the measures it takes to protect its own confidential and proprietary information, including but not limited to implementing adequate computer. security measures to prevent unauthorized access to the DAL information when contained in any database. 10.6.2.5.1 Unauthorized use of Owests DAL information, or any disclosure to a third party of the fact that an end user customer, whose Listing is furnished in the DA List, subscribes to Owests, another Local Exchange Carrier's, Reseller's or CMRS's Telecommunications Services shall be considered a material breach of this Agreement and shall be resolved under the Dispute Resolution provisions of this Agreement. 10.6.2.5.0.1 Owest shall have the right to review CLEC's form sublicense agreement and CLEC shall not make changes to that form which will materially affect Owests rights under this Agreement. 10.6.2.6 Within five (5) Days after the expiration or earlier termination of this Agreement, CLEC shall (a) return and cease using any and all DAL information which it has in its possession or control, (b) extract and expunge any and all copies of such DAL information, any portions thereof, and any and all information extracted therefrom, from its files and records, whether in print or electronic form or in any other media ' whatsoever, and (c) provide a written certification to Owest from an offcer that all of the foregoing actions have been completed. A copy of this certification may be provided to third party Carriers if the certification pertains to such Carriers' DAL information - contained in Owests database. 10.6.2.7 CLEC is responsible for ensuring that it has proper security measures in place to protect the privacy of the end user customer information contained within the DAL information. CLEC must remove from its database any telephone number for an end user customer whose Listing has become non-published when so notified by Owest. 10.6.2.8 Audits -- In accordance with Section 18, Owest may request a comprehensive audit of CLEC's use of the DAL information: In addition to the terms specified in Section 18, the following also apply: 10.6.2.8.1 As used herein, "Audit" shall mean a comprehensive review of the other Party's delivery and use of the DAL information provided hereunder and such other Party's performance of its obligations under this Agreement. Either Party (the Requesting Party) may perform up to two (2) Audits per twelve (12) month period commencing with the Effective Date of this Agreement. Owest shall be entitled to "seed" or specially code some or all of the DAL information that it provides hereunder in order to trace such information during an Audit and ensure compliance with the disclosure and use restrictions set forth in this Section 10.6. 10.6.2.8.2 All paper and electronic records will be subject to Audit. 10.6.2.9 CLEC recognizes that certain Carriers who have provided DAL information that is included in Owests database may be third party beneficiaries of this Agreement for purposes of enforcing any terms and conditions of the Agreement other April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 253 Section 10 Ancillary Services than payment terms with respect to their DAL information. 10.6.2.9.1 CLEC indemnifies Owest for any and all loss, debt, liability, damage, obligation, claim, demand, judgment, or settlement of any nature or kind, known or unknown, liquidated or unliquidated including, but not limited to, reasonable costs and expenses (including attorneys' fees) raised by these Carriers, whether formal or informal and will handle all communications with these Carriers regarding this matter. 10.6.2.10 Owest will provide a non-discriminatory process and procedure for contacting end user customers with non-published telephone numbers in emergency situations for non-published telephone numbers that are included in Owests Directory Assistance Database. Such process and procedure will be available to CLEC for CLEC's use when CLEC provides its own Directory Assistance Service and purchases Owests DAL product. 10.6.3 Rate Elements Recurring and nonrecurring rate elements for DAL information are described below and rates are contained in Exhibit A of this Agreement. 10.6.3.1 Initial Database Load -- A "snapshot" of data in the Owest DAL information database or portion of the database at the time the order is received. 10.6.3.2 Reload -- A "snapshot" of the data in the Owest DAL information database or portion of the database required in order to refresh the data in CLEC's database. 10.6.3.3 Daily Updates -- Daily change activity affecting DAL information in the Listings database. 10.6.3.4 One-Time Set-Up Fees -- Charges for special database loads. 10.6.3.5 Output Charges -- Media charges resulting from the electronic transmission of the DAL information. 10.6.4 Ordering 10.6.4.1 CLEC may order the initial DAL information load or update fies for Owests local Exchange Service areas in its 14 state operating territory or, on a state- specific basis, or, where Technically Feasible, CLEC may order the initial DAL information load or update files by Owest White Page Directory Code or NPA. 10.6.4.2 Special requests for data at specific geographic levels (such as NPA) must be negotiated in order to address data integrity issues. 10.6.4.3 CLEC shall use the DAL Order Form found in the PCAT. April 15, 200811hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 254 Section 10 Ancillary Services 10.7 Toll and Assistance Operator Services 10.7.1 Description 10.7.1.1 Toll and assistance operator services (operator services) area family of offerings that assist CLEC's resale and facilities-based end user customers in making and receiving EAS/local and IntraLATA toll calls. Operator services provided to CLEC include non-discriminatory access to Qwest operator service centers, services, and personneL. If facilities-based CLEC using Qwests, its own, or a third party's Switch(es) chooses to access Qwests operator services, they are provided to CLEC under this Agreement pursuant to Section 251 (b )(3) of the Act. As such, the pricing requirements of Section 252(d)(1) of the Act are not applicable. Operator services shall be provided to CLEC as a facilities-based provider at the market-based rates contained in Exhibit A. 10.7.1.1.1 EAS/Local and IntraLAT A Assistance. Assists CLEC end user customers requesting help or information on making and receiving EAS/local and IntraLAT A toll calls, connects CLEC end user customers to Qwests Directory Assistance Service, and provides other information and guidance, including referral to the business office and repair, as may be consistent with Qwests customary practice for providing end user customer assistance. 10.7.1.1.2 Intentionally Left Blank. 10.7 .1.1.3 Emergency Assistance. Provides assistance for handling CLEC's end user customer's EAS/local and IntraLATA toll calls to emergency agencies, including but not limited to, police, sheriff, highway patrol and fire. CLEC is responsible for providing Qwest with the appropriate emergency agency numbers and updates. 10.7.1.1.4 Busy Line Verification (BL V) is performed when CLEC's end user customers request assistance from the operator bureau to determine if a called line is in use. The operator will not complete the call for the calling party initiating the BL V inquiry. Only one BLV attempt will be made per call, and a charge shall apply. 10.7.1.1.5 Busy Line Interrupt (BLI) is performed when CLEC's end user customers request assistance from the operator to interrupt a telephone call in progress. The operator will interrupt the busy line and inform the called party that there is a call waiting. The operator will not connect the calling and called parties. The operator will make only one BLI attempt per call and the applicable charge applies whether or not the called party releases the line. 10.7.1.1.6 Quote Service - Provides time and charges to hotel/motel and other CLEC end user customers for guest/account identification. 10.7.1.1.7 CLEC-Specific Call Branding Service. Provides CLEC's end user customers the operator services listed in this Section branded with the brand of CLEC (CLEC-specific branding), where Technically Feasible, or with a generic brand. CLEC-specific Call Branding announces CLEC's name to CLEC's end user customer at the start and completion of the calL. Generic branding does not announce any provider's name. CLEC-specific and generic Call Branding are April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 255 Section 10 Ancillary Services optional services available to CLEC. 10.7.1.1.7.1 Front End CLEC-specific Call Branding -- Announces CLEC's name to CLEC's end user customer at the start of the calL. 10.7 .1.1. 7.2 Back End CLEC-specific Call Branding -- Announces CLEC's name to GLEC's end user customer at the completion of the calL. 10.7.2 Terms and Conditions 10.7.2.0 Operator services accessed over CLEC's resold local exchange lines include terms and conditions (except prices) for operator services in Qwests applicable product Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. To the extent, however, that a conflict arises between the terms and conditions of the Tariff, catalog, price list, or other retail Telecommunications Services offering and this Agreement, this Agreement shall be controlling. Operator services are available to facilities-based CLEC as described in this Section 10.7, unless otherwise noted. 10.7.2.0.1 Qwest does not authorize CLEC to offer Qwest the incumbent Local Exchange Carrier (ILEC) as a Local Primary Interexchange Carrier (LPIC) to its existing or new end user customers on Qwests behalf. If CLEC assigns Qwest the ILEC, LPIC 5123, to CLEC's existing or new end user customers, Qwest will bill reseller CLEC for IntraLATA Toll services at the Qwest retail rate less the wholesale discount contained in Exhibit A, if any, ancLwill bill facilities- based CLEC at the rates contained or referenced in Exhibit A, and Qwest will not directly bill CLEC's end user customers for such IntraLATA Toll services. 10.7.2.0.2 If CLEC assigns Qwest the ILEC, PiC 5123, to CLEC's existing or new end user customers, transport beyond Qwests local interoffice network for IntraLATA Toll services will be provided over Qwests IntraLATA Toll network. Routing tables resident in Qwests Switch(es) will direct CLEC's traffic over Qwests interoffce message trunk network. 10.7.2.0.3 If, during the term of this Agreement, Qwest the ILEC offers IntraLATA Toll services directly to CLEC's end user customers, Qwest will establish its own billing relationship with such end user customers, and Qwest will not bill CLEC, and CLEC shall have no obligation to pay Qwest, for such IntraLATA Toll services Qwest provides to CLEC's end user customers. 10.7.2.1 For facilities-based CLEC using its own or a third party's Switch(es), Interconnection to Qwests operator services Switch is Technically Feasible at two (2) distinct points on the Trunk Side of the Switch. The first connection point is an operator services trunk connected directly to the Qwest operator services host Switch. The second connection point is an operator services trunk connected directly to a remote Qwest operator services Switch. 10.7.2.2 Trunk Provisioning and facility ownership must follow Qwest guidelines. 10.7.2.3 In order for CLEC to use Qwests operator services as a facilities-based CLEC using its own or a third party's Switch(es), CLEG must provide an operator service April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 256 Section 10 Ancillary Services trunk between CLEC's End Offce Switch and the Interconnection point on the Owest operator services Switch for each NPA served. 10.7.2.4 The technical requirements of operator service trunk are covered in the Operator Services Systems Generic Requirement (OSSGR), Telcordia document FR- NWT-000271, Section 6 (Signaling) and Section 10 (System Interfaces) in general requirements form. 10.7.2.5 Each Party's operator bureau shall accept BLV and BLI inquiries from the operator bureau of the other Party in order to allow transparent provision of BLV/BLI traffic between the Parties' networks. 10.7.2.6 Facilities-based CLEC using its own or a third party's Switch(es) will provide separate no-test trunks (not the 10cal/lntraLAT A trunks) to the Owest BLV/BLI hub or to the Owest operator services Switches. 10.7.2.7 Owest will perform operator services in accordance with operating methods, practices, and standards in effect for all its end user customers, including making and receiving EAS/local and IntraLATA Toll calls. Owest will respond to CLEC's end user customer calls to Owests operator services according to the same priority scheme as it responds to Owests end user customer calls. Calls to Owests operator services are handled on a first come, first served basis, without regard to whether calls are originated by CLEC or Owest end user customers. 10.7.2.8 .owest will provide operator services to CLEC where Technically Feasible and facilities are available. Owest may from time-to-time modify and change the nature, extent, and detail of specific operator services available to its retail end user customers, and to the extent it does so, Owest will provide notice to CLEC on a timely basis consistent with Commission rules and notice requirements. 10.7.2.9 Owest shall maintain adequate equipment and personnel to reasonably perform the operator services. Facilities-based CLEC using its own or a third party's Switch(es) shall provide and maintain the facilities necessary to connect its end user customers to the locations where Owest provides the operator services and to provide all information and data needed or reasonably requested by Owest in order to perform the operator services. 10.7.2.10 Intentionally Left Blank. 10.7.2.11 CLEC-specific Call Branding for operator services includes recording and settng up CLEC's brand message and loading the brand message into Owests Switch(es). Owest will record CLEC's brand message. 10.7.2.12 Intentionally Left Blank. 10.7.2.13 Reseller CLEC's end user customers dial the same number Owests own end user customers dial to access operator services, including "0" or "0+." Facilities- based CLEC using its own or a third party's Switch(es) may choose to have its end user customers access Owest operators by dialing a unique number or by using the same dialing pattern as used by Owest end user customers. April 15, 2008/1hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 257 Section 10 Ancillary Services 10.7.3 Rate Elements The following rate elements apply to operator services. Operator services are provided to CLEC for resale with resold local exchange lines at the Owest retail price less the wholesale discount contained in Exhibit A, if any. Operator services are provided to CLEC as a facilities- based provider at the market-based prices contained in Exhibit A. 10.7.3.1 Operator services are priced on a per call basis, as follows. 10.7.3.1.1 Operator Services Calls - Charges apply for each completed call handled by operator services, including EAS/local calls and IntraLAT A toll calls made, or received and accepted, by CLEC's end user customer. 10.7.3.1.2 Intentionally Left Blank. 10.7.3.1.3 Intentionally Left Blank. 10.7.3.1.4 Intentionally Left Blank. 10.7.3.1.5 Intentionally Left Blank. 10.7.3.1.6 Busy Line Verify - Charges apply for each call where the operator determines that conversation exists on a line. 10.7.3.1.7 Busy Line Interrupt - Charges apply for each call where the operator interrupts conversation on a busy line and requests release of the line. 10.7.3.1.8 Operator Assistance - Charges apply for operator assistance whether a call is completed or not, that does not otherwise generate an operator surcharge as described in this Section. These calls include, but are not limited to: calls given the DDD rate because of transmission problems; calls where the operator has determined there should be no charge, such as Busy Line Verify attempts where conversation was not found on the line; calls where CLEC's end user customer requests information from the operator and no attempt is made to complete a call; and calls for quotation service. 10.7.3.1.9 "Completed call" as used in this Section shall mean that CLEC's end user customer makes contact with the location, telephone number, person or extension designated by the end user customer. 10.7.3.2 Intentionally Left Blank. 10.7.3.3 CLEC-Specific Call Branding Nonrecurring Charges. Owest will charge CLEC a nonrecurring set-up and recording fee for establishing CLEC-specific Call Branding, and for loading CLEC's brand message in Owests Switch(es). CLEC must pay such nonrecurring charges prior to commencement of CLEC-specific branding. The nonrecurring charges apply each time CLEC's brand message is changed. The nonrecurring charge to load the Switches with CLEC's branded message wil be assessed each time there is any change to the Switch. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 258 Section 10 Ancillary Services 10.7.4 Ordering Process CLEC will order operator services by completing the "Qwest Operator Services/Directory Assistance Questionnaire for Competitive Local Exchange Carriers." Copies of this questionnaire may be obtained from CLEC's designated Qwest account manager. 10.7.5.Billng 10.7.5.1 Qwest will track usage and bill CLEC for the calls made and received by CLEC's end user customers and facilities. 10.7.5.2 Qwest will compute CLEC's invoice based on calls made and received by CLEC's end user customers. 10.7.5.3 If, due to equipment malfunction or other error, Qwest does not have available the necessary information to compile an accurate Billing statement, Qwest may render a reasonably estimated bill, but shall notify CLEC of such estimate and cooperate in good faith with CLEC to establish a fair, equitable estimate. Qwest shall render a bill reflecting actual billable quantities when and if the information necessary for the Billing statement becomes available. 10.7.5.4 Qwest shall provide to CLEC usage information within Qwests control with respect to calls originated by or terminated to CLEC's end user customers in the form of the actual information that is comparable to the information Qwest uses to bill its own end user customers. Without limiting the generality of the foregoing, Qwest shall provide CLEC with Daily Usage Feed (DUF) billing information. 10.7.5.5 Qwest will provide DUF records for all usage billable to CLEC's lines, including Busy Line Verify (BLV), Busy Line Interrupt (BLI), and Qwest-ILEC-provided intraLATA tolL. These records will be provided as Category 01 or Category 10 EMI records. 10.7.5.6 If CLEC assigns Qwest the ILEC to provide IntraLATA Toll services for its end user customers, Qwest shall bill CLEC and CLEC shall pay Qwest for such services in accordance with Exhibit A. 10.8 Access to Poles, Ducts, Conduits, and Rights of Way 10.8.1 Description 10.8.1.1 Pole Attachments - Where it has ownership or control to do so, Qwest will provide CLEC with access to available Pole Attachment space for the placing of facilities for the purpose of transmitting Telecommunications Services. 10.8.1.1.1 The term Pole Attachment means any attachment by CLEC to a pole owned or controlled by Qwest. 10.8.1.2 Ducts and Conduits - Where it has ownership or control to do so, Qwest will provide CLEC with access to available ducts/conduits for the purpose of placing facilities for transmitting Telecommunications Services. A spare ducUconduit will be leased for copper facilities only, and an innerduct for the purpose of placing fiber. CLEC April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 259 Section 10 Ancillary Services may place innerduct in an empty duct/conduit. Control of CLEC-installed spare innerduct shall vest in Owest immediately upon installation; ownership of such innerduct shall vest to Owest if and when CLEC abandons such innerduct. Within a multiple tenant environment (MTE), duct may traverse building Entrance Facilities, building entrance links, equipment rooms, Remote Terminals, cable vaults, telephone closets or building riser. 10.8.1.2.1 The terms duct and conduit mean a single enclosed raceway for conductors, cable and/or wire. Duct and conduit may be in the ground, may follow streets, bridges, public or private ROW or may be within some portion of a multiple tenant environment. Within a multiple tenant environment, duct and conduit may traverse building entrance facilities, building entrance links, equipment rooms, Remote Terminals, cable vaults, telephone closets or building riser. The terms duct and conduit include riser conduit. 10.8.1.2.2 The term innerduct means a duct-like raceway smaller than a duct/conduit that is inserted into a duct/conduit so that the duct may typically carry three (3) cables. 10.8.1.2.3 The term microduct means a smaller version of innerduct. Four (4) microducts can be placed within a n-:-inch innerduct. 10.8.1.3 Rights of Way (ROW) - Where it has ownership or control to do so, Owest will provide to CLEC, via an Access Agreement in the form of Attachment 4 to Exhibit D, access to available ROW for the purpose of placing Telecommunications facilities. ROW includes land or other property owned or controlled by Owest and may run under, on, above, across, along or through public or private property or enter multiple tenant environments. 10.8.1.3.1 ROW means a real property interest in privately-owned real property, but expressly excluding any public, governmental, federal or Native American, or other quasi-public or non-private lands, sufficient to permit Owest to place Telecommunications facilities on such real property; such property owner may permit Owest to install and maintain facilities under, on, above, across, along or through private property or enter multiple tenant environments. Within a multiple tenant environment, a ROW includes a pathway that is actually used or has been specifically designated for use by Owest as part of its transmission and distribution network where the boundaries of the pathway are clearly defined either by written specifications or unambiguous physical demarcation. 10.8.1.4 Intentionally Left Blank. 10.8.1.5 The phrase "ownership or control to do so" means the legal right, as a matter of state law, to (i) convey an interest in real or personal property, or (ii) afford access to third parties as may be provided by the landowner to Owest through express or implied agreements, or through Applicable Law as defined in this Agreement. 10.8.1.6 Poles, Ducts and Rights of Way (PDR) Transfer of Responsibility refers to the transfer of the occupancy of space for either aerial or underground facilities to assuming CLEC from vacating CLEC. April 15, 2008/1hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 260 Section 10 Ancillary Services 10.8.1.6.1 A PDR Transfer of Responsibility request received by Qwest is irrevocable upon one hundred percent (100%) payment by assuming CLEC of the nonrecurring transfer charge. 10.8.2 Terms and Conditions Qwest shall provide CLEC non-discriminatory access to poles, ducts, conduit and Rights of Way (ROW) on terms and conditions found in the Revised Qwest Rights of Way, Pole Attachment and/or Duct/lnnerduct Occupancy General Information Document, attached hereto as Exhibit D. Qwest will not favor itself over CLEC when Provisioning access to poles, ducts, conduits and Rights of Way (ROW). Qwest shall not give itself preference when assigning space. 10.8.2.1 Subject to the provisions of this Agreement, Qwest agrees to issue to CLEC authorization for CLEC to attach, operate, maintain, rearrange,. transfer and remove at its sole expense its facilities on poles/duct/innerduct or ROW owned or controlled in whole or in part by Qwest, subject to orders placed by CLEC. Any and all rights granted to CLEC shall be subject to and subordinate to any future local, state and/or federal requirements. 10.8.2.2 Qwest will rely on such codes as the National Electrical Safety Code (NESC) to prescribe standards with respect to capacity, safety, reliability, and general engineering principles. 10.8.2.3 Federal requirements, such as those imposed by Federal Energy Regulatory Commission (FERC) and Occupational Safety and Health Administration - (OSHA), will continue to apply to the extent such requirements affect requests for attachments or occupancy to Qwest facilities under Section 224(f)(1) of the Act. 10.8.2.4 CLEC shall provide access to a map of the requested poles/duct/innerduct/ROW route, including estimated distances between major points, ,the identification and location of the poles/duct/innerduct and ROWand a description of CLEC's facilities. Qwest agrees to provide to CLEC access to relevant plats, maps, engineering records and other data within ten (10) business days of receiving a request for such information, except in the case of extensive requests. Extensive requests involve the gathering of plats from more than one (1) location, span more than five (5) Wire Centers, or consist of ten (10) or more intra-Wire Center requests submitted simultaneously. Responses to extensive requests will be provided within a reasonable interval, not to exceed forty-five (45) Days. 10.8.2.5 Except as expressly provided herein, or in the Pole Attachment Act of 1934 as amended and its regulations and rules, or in any applicable state or municipal laws, nothing herein shall be construed to compel Qwest to construct, install, modify or place any poles/duct/innerduct or other facility for use by CLEC. 10.8.2.6 Qwest retains the right to determine the availability of space .on poles/duct/innerduct, conduit and ROW consistent with 47. U.S.C. § 224 and FCC orders, rules and regulations pursuant to 47 U.S.C. § 224. In the event Qwest determines that rearrangement of the existing facilities on poles, duct/innerduct/conduit, and ROW is required before CLEC's facilities can be accommodated, the actual cost of such modification will be included in CLEC's nonrecurring charges for the associated order (Make-Ready fee). When modifications to a Qwest spare duct/conduit include the April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 261 Section 10 Ancillary Services placement of innerduct, Owest or CLEC will install the number of innerduct required to fill the duct/conduit to its full capacity. 10.8.2.7 Owest shall make manhole ingress and egress for duct/innerduct access available to CLEC. Owest will perform a feasibility study to determine whether to provide a stub out via the pre-constructed knock out within the manhole, or to perform a core drill of the manhole. 10.8.2.8 Where such authority does not already exist, CLEC shall be responsible for obtaining the necessary legal authority to occupy ROW, and/or poles/duct/innerduct on governmental, federal, Native American, and private rights of way. CLEC shall obtain any permits, licenses, bonds, or other necessary legal authority and permission, at CLEC's sole expense, in order to perform its obligations under this Agreement. CLEC shall contact all owners of public and private rights-of-way to obtain the permission required to perform the work prior to entering the property or starting any work thereon. See Section 10.8.4. CLEC shall comply with all conditions of rights-of-way and permits. Once such permission is obtained, all such work may be performed by Owest or CLEC at the option of CLEC. 10.8.2.9 Access to a Owest Central Offce manhole will be permitted where Technically Feasible. If space is available, Owest will allow access through the Central Offce manhole to the POI (Point of Interconnection). There shall be a presumption that there shall be no fiber splices allowed in the Central Office manhole. However, where CLEC can establish the necessity and Technical Feasibility of splicing in the Central Office manhole, such action shall Be permitted. 10.8.2.10 Replacement/Modification/Installation - If CLEC requests Owest to replace or modify existing poles/duct/innerduct to increase its strength or capacity for the sole benefit of CLEC, CLEC shall pay Owest the total actual replacement cost, Owests actual cost to transfer its attachments to new poles/duct/innerduct, as necessary, and the actual cost for removal (including actual cost of destruction) of the replaced poles/duct/innerduct, if necessary. Ownership of new poles/duct/innerduct shall vest to Owest. 10.8.2.10.1 Upon request, Owest shall permit CLEC to install poles/duct/innerduct. Owest reserves the right to reject any non-conforming replacement pole/duct/innerduct installed by CLEC that does not conform to the NESC, OSHA or local ordinances. 10.8.2.10.2 To the extent that a modification is incurred for the benefit of multiple parties, CLEC shall pay a proportionate share of the total actual cost based on the ratio of the amount of new space occupied by the facilities of CLEC to the total amount of space occupied by all parties including Owest or its Affliates participating in the modification. Parties who do not initiate, request or receive additional space from a modification, are not required to share in the cost of the modification. CLEC, Owest or any other party that uses a modification as an opportunity to bring its facilities into compliance with applicable safety or other requirements will be deemed to be sharing in the modification and will be responsible for its share of the modification cost. Attaching entities will not be responsible for sharing in the cost of governmentally mandated pole or other facility modification. Owest does not and will not favor itself over other Carriers April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 262 Section 10 Ancillary Services when Provisioning access to poles, innerduct and rights-of-way. 10.8.2.10.3 The modifying party or parties may recover a proportionate share of the modification costs from parties that later are able to obtain access as a result of the modification. The proportionate share of the subsequent attacher will be reduced to take account of depreciation to the pole or other facility that has occurred since the modification. The modifying 'party or parties seeking to recover modification costs from parties that later obtain attachments shall be responsible for maintaining all records regarding modification costs. Qwest shall not be responsible for maintaining records regarding modification costs on behalf of attaching entities. 10.8.2.11 Notification of modifications initiated by or on behalf of Qwest and at Qwests expense shall be provided to GLEG at least sixty (60) Days prior to beginning modifications. Such notification shall include a brief description of the nature and scope of the modification. If GLEG does not respond to a requested rearrangement of its facilities within sixty (60) Days after receipt of written notice from Qwest requesting rearrangement, Qwest may perform or have performed such rearrangement and GLEG shall pay the actual cost thereof. No such notice shall be required in emergency situations or for routine maintenance of poles/duct/innerduct completed at Qwests expense. 10.8.2.12 Qwest reserves the right to make an on-site/final construction inspection of GLEG's facilities occupying the poles/duct/innerduct system. GLEG shall reimburse Qwest for the actual cost of such inspections except where specified in this Section. 10.8.2.13 When final construction inspection by Qwest has been completed, GLEG shall correct such non-complying conditions within the reasonable period of time specified by Qwest in its written notice. If corrections are not completed within the specified reasonable period, occupancy authorizations for the ROW, poles/ductlinnerduct system where non-complying conditions remain uncorrected shall suspend forthwith, regardless of whether GLEG has energized the facilities occupying said poles/ductlinnerduct or ROW system and GLEG shall remove its facilities from said poles/ductlinnerduct or ROW in accordance with the provisions of this Section, provided, however, if the corrections physically cannot be made within such specified time, and GLEG has been diligently prosecuting such cure, GLEG shall be granted a reasonable additional time to complete such cure. Qwest may deny further occupancy authorization to GLEG until such non-complying conditions are corrected or until GLEG's facilities are removed from the poles/ductlinnerduct system where such non-complying conditions exist. If agreed between both Parties, Qwest shall perform or have performed such corrections and GLEG shall pay Qwest the actual cost of performing such work. Subsequent inspections to determine if appropriate corrective actions have been taken may be made by Qwest. 10.8.2.14 Once GLEG's facilities begin occupying the poles/ductlinnerduct or ROW system, Qwest may perform a reasonable number of inspections. Qwest shall bear the cost of such inspections unless the results of the inspection reveal a material violation or hazard, or that GLEG has in any other way failed to comply with the provisions of Section 10.8.2.20; in which case GLEG shall reimburse Qwest the costs of inspections and re-inspections, as required. GLEG's representative may accompany Qwest on such field inspections. The cost of periodic inspection or any special inspections found April 15, 200811hd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 263 Section 10 Ancillary Services necessary due to the existence of sub-standard or unauthorized occupancies shall be billed separately. 10.8.2.15 The costs of inspections made during construction and/or the final construction survey and subsequent inspection shall be billed to CLEC upon completion of the inspections. 10.8.2.16 Final construction, subsequent, and periodic inspections or the failure to make such inspections, shall not relieve CLEC of any responsibilities, obligations, or liability assigned under this Agreement. 10.8.2.17 CLEC may use individual workers of its choice to perform any work necessary for the attaching of its facilities so long as such workers have the same qualifications and training as Qwests workers. CLEC may use any contractor approved by Qwest to perform make-ready work. 10.8.2.18 If Qwest terminates an order for cause, or if CLEC terminates an order without cause, subject to 10.8.4.4.4, CLEC shall pay termination charges equal to the amount of fees and charges remaining on the terminated order(s) and shall remove its facilities from the poles/duct/innerduct within sixty (60) Days, or cause Qwest to remove its facilities from the poles/ductlinnerduct at CLEC's expense; provided, however, that CLEC shall be liable for and pay all fees and charges provided for in this Agreement to Qwest until CLEC's facilities are physically removed. "Cause" as used herein shall include CLEC's use of its facilities in material violation of any Applicable Law or in aid of any unlawful act or making an unauthorized modification- to Qwests poles/ductlinnerduct, or, in the case of ROW, any act or omission that violates the terms and conditions of either (a) the Access Agreement by which Qwest conveys a right of access to the ROW to CLEC, or (b) the instrument granting the original ROW to Qwest or its predecessor. 10.8.2.19 Qwest may abandon or sell any poles/ductlinnerductlconduit or ROW at any time by giving written notice to CLEC. Any poles/duct/innerductlconduit or ROW that is sold, will be sold subject to all existing legal rights of CLEC. Upon abandonment of poles/ductlinnerduct/conduit or ROW, and with the concurrence of the other joint user(s), if necessary, CLEC shall, within sixty (60) Days of such notice, either: 1) continue to occupy the poles/ductlinnerductlconduit or ROW pursuant to its existing rights under this Agreement if the poles/duct/innerductlconduit or ROW is purchased by another party; 2) purchase the poles/ductlinnerductlconduit or ROW from Qwest at the current market value; or 3) remove its facilities therefrom. Failure to explicitly elect one of the foregoing options within sixty (60) Days shall be deemed an election to purchase the poles/ductlinnerductlconduit or ROW at the current market value if no other party purchased the poles/ductlinnerduct/conduit or ROW within this sixty (60) Day period. 10.8.2.20 CLEC's facilities shall be placed and maintained in accordance with the requirements and specifications of the current applicable standards of Telcordia Manual of Construction Standards, the National Electrical Code, the National Electrical Safety Code, and the rules and regulations of the Occupational Safety and Health Act, all of which are incorporated by reference, and any governing authority having jurisdiction. Where a difference in specifications exists, the more stringent shall apply. Notwithstanding the foregoing, CLEC shall only be held to such standard as Qwest, its Affiiates or any other Telecommunications Carrier is held. Failure to maintain facilities April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-,0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 264 Section 10 Ancillary Services in accordance with the above requirements or failure to correct as provided in Section 10.8.2.13 shall be cause for termination of the order. CLEC shall in a timely manner comply with all requests from Qwest to bring its facilities into compliance with these terms and conditions. 10.8.2.21 Should Qwest under the provisions of this Agreement remove CLEC's facilities from the poles/ducUinnerduct covered by any order, Qwest will deliver the facilities removed upon payment by CLEC of the cost of removal, storage and delivery, and all other amounts due Qwest. If CLEC removes facilities from poles/ductlinnerduct for other than repair or maintenance purposes, no replacement on the poles/ductlinnerduct shall be made until all outstanding charges due Qwest for previous occupancy have been paid in fulL. CLEC shall advise Qwest in writing as to the date on which the removal of facilities from the poles/duct/innerduct has been completed. 10.8.2.22 If any facilities are found attached to poles/ducUinnerduct for which no order is in effect, Qwest, without prejudice to its other rights or remedies under this Agreement, may assess a charge and CLEC agrees to pay the lesser of (a) the annual fee per pole or per innerduct run between two (2) manholes for the number of years since the most recent inventory, or (b) five (5) times the annual fee per pole or per innerduct run between two (2) manholes. In addition, CLEC agrees to pay (a) interest on these fees at a rate set for the applicable time period by the Internal Revenue Service for individual underpayments pursuant to Section 6621 of the Internal Revenue Service Code (25 U.S.C. § 6621, Rev. Rul. 2000-30, 2000-25 IRS 1262), and (b) the cost of any audit required to identify unauthorized CLEC attachments. Qwest shall waive half the unauthorized atachment fee if the following conditions are met: (1) CLEC cures such unauthorized attachment (by removing it or submittng a valid order for the attachment in the form of Attachment 2 of Exhibit D, within thirty (30) Days of written notification from Qwest of the unauthorized attachment; and (2) the unauthorized attachment did not require Qwest to take curative measures itself (e.g., pulling additional innerduct) prior to cure by CLEC, (3) CLEC reimburses Qwest for cost of audit, or portion thereof, which discovered the unauthorized attachment. Qwest shall also waive the unauthorized attachment fee if the unauthorized attachment arose due to error by Qwest rather than CLEC. CLEC is required to submit in writing, within ten (10) business days after receipt of written notification from Qwest of the unauthorized occupancy, a poles/duct/innerduct application. If such application is not received by Qwest within the specified time period, CLEC will be required to remove its unauthorized facility within thirty (30) Days of the final date for submitting the required application, or Qwest may remove CLEC's facilities without liability, and the cost of such removal shall be borne by CLEC. 10.8.2.23 No act or failure to act by Qwest with regard to an unauthorized occupancy shall be deemed as the authorization of the occupancy. Any subsequently issued authorization shall not operate retroactively or constitute a waiver by Qwest of any of its rights or privileges under this Agreement or otherwise. CLEC shall be subject to all liabilities of the Agreement in regard to said unauthorized occupancy from its inception. 10.8.2.24 Qwest will provide CLEC non-discriminatory access to poles/ducts/innerducts/conduits and ROW pursuant to 47 U.S.C. § 224 and FCC orders, rules and regulations pursuant to 47 U.S.C. § 224. In the event of a conflct between this Agreement, on one hand, and 47 U.S.C. § 224 and FCC orders, rules and regulations pursuant to 47 U.S.C. § 224, on the other, 47 U.S.C. § 224 and FCC orders, rules and April 15, 2008/1hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 265 Section 10 Ancillary Services regulations pursuant to 47 U.S.C. § 224 shall govern. Further, in the event of a conflict between Exhibit D, on one hand, and this Agreement or 47 U.S.C. § 224 and FCC orders, rules and regulations pursuant to 47 U.S.C. § 224, on the other, this Agreement or 47 U.S.C. § 224 and FCC orders, rules and regulations pursuant to 47 U.S.C. § 224 shall govern, provided however, that any Access Agreement that has been duly executed, acknowledged and recorded in the real property records for the county in which the ROW is located shall govern in any event pursuant to its terms. 10.8.2.25 Nothing in this Agreement shall require Owest to exercise eminent domain on behalf of CLEC. 10.8.2.26 Owest will not enter into ROW agreements for the provision of Telecommunications Services, including agreements relating to ROW within multiple tenant environments, that preclude CLEC from using ROW over which Owest has ownership or control. Upon CLEC request, Owest will certify to a landowner with whom Owest has an ROW agreement, the following: 10.8.2.26.1 that the ROW agreement with Owest does not preclude the landowner from entering into a separate ROW agreement with CLEC; and 10.8.2.26.2 that there will be no penalty under the agreement between the landowner and Owest if the landowner enters into a ROW agreement with CLEC. 10.8.2.27 For purposes of permitting CLEC to determine whether Owes! has ownership or control over duct/conduit or ROW, including duct/conduit or ROW within a specific multiple tenant environment, if CLEC requests a copy of an agreement between Owest and the owner of a duct/conduit or ROW, including duct/conduit or ROW within a specific multiple tenant environment, that grants Owest access to, ownership of, or control of duct/conduit or ROW within a specific multiple tenant environment, Owest will provide the agreement to CLEC pursuant to the terms of this Section. CLEC will submit a completed Attachment 1.A from Exhibit D that identifies a specific multiple tenant environment or route for each agreement. 10.8.2.27.1 Upon receipt of a completed Attachment 1.A, Owest will prepare and return an MTE matrix or ROW matrix, as applicable, within ten (10) Days, which will identify (a) the owner of the duct/conduit or ROW or multiple tenant environment as reflected in Owests records, and (b) whether or not Owest has a copy of an agreement that provides Owest access to duct/conduit or ROW or multiple tenant environment in its possession. Owest makes no representations or warranties regarding the accuracy of its records, and CLEC acknowledges that the original property owner may not be the current owner of the property. 10.8.2.27.2 Owest grants a limited waiver of any confidentiality rights it may have with regards to the content of the agreement, subject to the terms and conditions in Section 10.8.2.27.3 and the Consent to Disclosure form. Owest will provide to CLEC a copy of an agreement listed in the MTE matrix or ROW matrix, as applicable, that has not been publicly recorded after CLEC obtains authorization for such disclosure from the third party owner(s) of the real property at issue by presenting to Owest an executed version of the Consent to Disclosure form that is included in Attachment 4 to Exhibit D of this Agreement. In lieu of submission of the Consent to Disclosure form, CLEC must comply with April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 266 Section 10 Ancillary Services the indemnification requirements in Section 10.8.4.1.3. 10.8.2.27.3 As a condition of its limited waiver of its right to confidentiality in an agreement that provides Qwest access to a multiple tenant environment that Qwest provides to CLEC or that CLEC obtains from the multiple tenant environment owner or operator, Qwest shall redact all dollar figures from copies of agreements that have not been publicly recorded that Qwest provides to CLEC and shall require that the multiple tenant environment owner or operator make similar redaction's prior to disclosure of the agreement. 10.8.2.27.4 In all instances, CLEC will use agreements only for the following purposes: (a) to determine whether Qwest has ownership or control over duct, conduits, or rights-of-way within the property described in the agreement; (b) to determine the ownership of wire within the property described in the agreement; or (c) to determine the Demarcation Point between Qwest facilities and the owner's facilities in the property described in the agreement. CLEC further agrees that CLEC shall not disclose the contents, terms, or conditions of any agreement provided pursuant to Section 10.8 to any CLEC agents or employees engaged in sales, marketing, or product management efforts on behalf of CLEC. 10.8.2.27.5 Intentionally Left Blank. 10.8.2.28 In cities where Qwest has deployed microduct technology but no vacant microduct is available on the specified route, CLEC may request Qwest to place microduct along the desired route or CLEC can ch~ose to place microduct that must meet Qwest specifications. 10.8.2.29 In cities where Qwest has not deployed microduct and CLEC wishes to use this technology, CLEC must lease an innerduct. In these locations CLEC will be required to furnish and place the microduct. At the conclusion of the lease, CLEC and Qwest will make a joint decision whether or not CLEC will be required to remove CLEC's microduct from the innerduct. 10.8.2.30 . If any microduct is found occupying facilities for which no order is in effect, Qwest, without prejudice to its other rights or remedies, may assess a charge and CLEC agrees to pay the lesser of (a) the annual fee per microduct run between two (2) manholes for the number of years since the most recent inventory, or (b) five (5) times the annual fee per microduct run between two (2) manholes. 10.8.2.30.1 In addition, CLEC agrees to pay (a) interest on these fees at a rate set for the applicable time period by the Internal Revenue Service for individual underpayments pursuant to Section 6621 of the Internal Revenue Service Code (25 U.S.C 6621, Rev. Rul. 2000-30, 2000-25 IRS 1262), and (b) the cost of any audit required to identify unauthorized CLEC occupancy. 10.8.2.30.2 Qwest shall waive half the unauthorized occupancy fee if the following conditions are met: 10.8.2.30.2.1 CLEC cures such unauthorized occupancy by removing it or submittng a valid order for the attachment within thirty (30) days of written notification from Qwest. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 267 Section 10 Ancillary Services 10.8.2.30.2.2 The unauthorized occupancy did not require Qwest to take curative measures (e.g., pulling additional microduct) prior to cure by CLEC. 10.8.2.30.2.3 CLEC reimburses Qwest for cost of audit, or portion thereof, which discovered the unauthorized occupancy. Qwest shall also waive the unauthorized occupancy fee if the unauthorized occupancy arose due to error by Qwest rather than CLEC. CLEC, is required to submit in writing, within ten (10) business days after receipt of written notification from Qwest of the unauthorized occupancy, a Poles/Duct/lnnerduct/Microduct Application. If such application is not received by Qwest within the specified time period, CLEC will be required to remove its unauthorized facility within thirty (30) Days of the final date for submitting the required application, or Qwest may remove CLEC's facilities without liability, and the cost of such removal shall be borne by CLEC. 10.8.2.31 To be eligible for PDR Transfer of Responsibility of the occupancy of space for poles or conduit, vacating CLEC must have a valid Agreement in place for those facilities specified for transfer. 10.8.2.31.1 The assuming CLEC is required to have an Agreement with Qwest that includes all elements involved in the transfer. 10.8.2.31.2 The Agreement referenced in the PDR Transfer of Responsibility request will be transferred either in its entirety or portion thereof as specified in the PDR Transfer of Responsibility Application Form and Transfer Authorization Agreement. 10.8.2.31.3 The PDR Transfer of Responsibility includes changing the following Qwest items: customer name, Access Carrier Name Abbreviation (ACNA), Master Customer Number (MCN), customer address, telephone number, billing and contact information, and contact telephone number. The eight (8) character CLEC CLLlTM code will remain the same. 10.8.2.31.4 If vacating CLEC has filed for bankruptcy, assuming CLEC must comply with 11 U.S.C. Section 365.2.61. The negotiation of the terms and conditions between vacating CLEC and assuming CLEC is the responsibility of those two parties. Qwest does not participate in these discussions. Qwest manages the database and records the transfer. 10.8.2.31.5 facilities. Qwest is not responsible for the physical condition of CLEC's 10.8.2.31.6 Prior to submission of a PDR Transfer of Responsibility request, all work in progress must be negotiated between vacating and assuming CLEC. 10.8.2.31.7 Prior to submitting a Transfer of Responsibility request, assuming CLEC's financial obligations to Qwest under its Agreement referenced in Section 10.8.2.31.1 above must be in good standing. If vacating CLEC is unable to meet April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 268 Section 10 Ancillary Services its financial obligations, assuming CLEC will be required to assume the financial obligations of vacating CLEC. 10.8.2.31.8 Vacating and assuming CLEC must provide Owest a signed Owest PDR Transfer Authorization Agreement providing the following information: All Owest Central Office Service Areas that may apply, PDR Billing Authorization Numbers (BAN), requested completion date (not binding), and state-specific charge for the transfer as indicated in Exhibit A. 10.8.2.31.9 Once the transfer request is accepted, Owest will submit the signed PDR Transfer of Responsibility Request Consent Form to vacating and assuming CLECs and the transfer will be completed. 10.8.3 Rate Elements Owest recurring and nonrecurring charges for attachments are in accordance with Section 224 of the Act and FCC orders, rules and regulations promulgated there under and with rates established by the Commission. Charges are included in Exhibit A. 10.8.4 Ordering There are two (2) steps required before placing an order for access to ROW, ductlinnerduct and Pole Attachment: Inquiry Review and Field Verification. 10.8.4.1 Inquiry Reviews. Upon receipt of an inquiry regarding ROW access, Pole Attachment or ductlinnerduct occupancy, Owest will provide CLEC with Exhibit D. CLEC will review the documents and provide Owest with maps of the desired area indicating the routes and entrance points for proposed attachment, proposed occupancy or proposed CLEC construction on Owest owned or controlled poles, ductlinnerduct and ROW as well as the street addresses of any multiple tenant environments upon or through which CLEC proposes construction on ROW owned or controlled by Owest. CLEC will include the appropriate inquiry fee with a completed Attachment 1.A from Exhibit D. 10.8.4.1.1 Inquiry Review - Duct/Conduitllnnerduct. Owest will complete the database inquiry and prepare a ductlconduit structure diagram (referred to as a "Flatline") which shows distances and access points (such as manholes). Along with the Flatline will be estimated costs for field verification of available facilities. These materials will be provided to CLEC within ten (10) Days or within the time frames of the applicable federal or state law, rule or regulation. 10.8.4.1.2 Inquiry Review - Poles. Owest will provide the name and contact number for the appropriate local field engineer for joint validation of the poles and route and estimated costs for field verification on Attachment 1.B of Exhibit D within ten (10) Days of the request. 10.8.4.1.3 Inquiry Review - ROW. Owest shall, upon request of CLEC, provide the ROW matrix, the MTE matrix and a copy of all publicly recorded agreements listed in those matrices to CLEC wíthin ten (10) Days of the request. Owest will provide to CLEC a copy of agreements listed in the matrices that have not been publicly recorded if CLEC obtains authorization for such disclosure from April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 269 Section 10 Ancillary Services the third party owner(s) of the real property at issue by an executed version of the Consent to Disclosure form, which is included in Exhibit D, Attachment 4. Qwest may redact all dollar figures from copies of agreements listed in the matrices that have not been publicly recorded that Qwest provides to CLEC. Any dispute over whether terms have been redacted appropriately shall be resolved pursuant to the Dispute Resolution procedures set forth in this Agreement. Alternatively, in order to secure any agreement that has not been publicly recorded, CLEC may provide a legally binding and satisfactory agreement to indemnify Qwest in the event of any legal action arising out of Qwests provision of such agreement to CLEC. In that event, CLEC shall not be required to provide an executed Consent to Disclosure form. Qwest makes no warranties concerning the accuracy of the information provided to CLEC; CLEC expressly acknowledges that Qwests files contain only the original ROW instruments, and that the current owner(s) of the fee estate may not be the party identified in the document provided by Qwest. 10.8.4.2 Field Verification - Poles Ductllnnerduct and Access Agreement Preparation (ROW). CLEC will review the inquiry results and determine whether to proceed with field verification for poles/ducts or Access Agreement preparation for ROW. If field verification or Access Agreement preparation is desired, CLEC will sign and return Attachment 1.B of Exhibit D along with a check for the relevant verification fee (Field Verification Fee or Access Agreement Preparation Fee) plus $10.00 per Access Agreement as consideration for the Access Agreement. Upon payment of the relevant fee and Access Agreement consideration, if applicable, Qwest will provide, as applicable, depending on whethef' the request is for poles, ductlinnerduct/conduit, or ROW: (a) in the case of duct/innerductlconduit, a field survey and site investigation of the duct/innerductlconduit, including the preparation of distances and drawings, to determine availability of existing duct/innerduct/conduit; identification of make-ready costs required to provide space; the schedule in which the make-ready work will be completed; and, the annual recurring prices associated with the attachment of facilities; (b) in the case of ROW, the completed Access Agreement(s), executed and acknowledged by Qwest. Upon completion of the Access Agreement(s) by CLEC, in accordance with the instructions, terms and conditions set forth in Exhibit D, the Access Agreement becomes effective to convey the interest identified in the Access Agreement (if any). Any dispute regarding whether a legal agreement conveys a ROW shall be resolved between CLEC and the relevant third party or parties, and such disputes shall not involve Qwest; and/or (c) in the case of poles, estimates of make-ready costs and the annual recurring prices associated with the attachment of facilities shall be as provided in Exhibit A. The verification of (a), (b), and (c), above, shall be completed by Qwest not later than forty-five (45) Days after CLEC's submission of the inquiry request. Make-ready time, if any, and CLEC review time is not part of the forty-five (45) Day interval. The Attachment 2 quotation shall be valid for ninety (90) Days. 10.8.4.2.1 CLEC-Performed Field Verification. At the option of CLEC, it may perform its own field verification (in lieu of Qwest performing same) with the following stipulations: 1) Verifications will be conducted by a Qwest approved contractor; 2) A Qwest contractor will monitor the activity of CLEC contractor and a current labor rate will be charged to CLEC; 3) CLEC will provide Qwest with a legible copy of manhole butterfly drawings that reflect necessary make-ready effort; and 4) Qwest will use CLEC-provided butterfly drawings and documentation to check against existing jobs and provide a final field report of April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 270 Section 10 Ancillary Services available duct/innerduct. GLEG will be charged standard rates for tactical planner time. 10.8.4.3 Order - Poles and DucUlnnerduct. The review, signing and return of Attachment 2 of the General Information Document along with payment of the Make- Ready and prorated recurring access charges for the current relevant period (annual or semi-annual) shall be accepted as an order for the attachment or occupancy. Upon receipt of the accepted order from GLEG and applicable payment for the fees identified, Owest will assign the requested space and commence any make-ready work which may be required. Owest will notify GLEG when poles/duct/innerduct are ready. 10.8.4.4 Make-Ready - Estimates of Make-Ready are used to cover actual Make- Ready costs. 10.8.4.4.1 If Owest requests, GLEG will be responsible for payment of the actual Make-Ready costs determined if such costs exceed the estimate. Such payment shall be made within thirty (30) Days of receipt of an invoice for the costs that exceed the estimate. 10.8.4.4.2 Within fifteen (15) business days of a request, Owest will provide GLEG copies of records reflecting actual cost of Make-Ready work; provided, however, that, if Owest does not possess all such records at the time of the request, then Owest will provide copies of such records within fifteen (15) business days of receipt of such records. GLEG must request such records, if at all, within sixty (60) Days after written notification of the completion of the Make- Ready work. 10.8.4.4.3 If the actual Make-Ready costs are less than the estimate, an appropriate credit for the difference will be issued upon request. Such request must be received within sixty (60) Days following GLEG's receipt of copies of records if GLEG has requested records under this paragraph, or within sixty (60) Days after written notification of the completion of Make-Ready work if GLEG has not requested records under this paragraph. Such credit will issue within ten (10) business days of Owests receipt of either all records related to such actual costs or GLEG's request for credit, whichever comes last, but in no event later than ninety (90) Days following the request for credit. 10.8.4.4.4 If GLEG cancels or if, due to circumstances unforeseen during inquiry/verification, Owest denies the request for poles, ducts or ROW, upon GLEG request, Owest will also refund the difference between the actual Make- Ready costs incurred and those prepaid by GLEG, if any. Such request must be made within thirty (30) Days of GLEG's receipt of written denial or notification of cancellation. Any such refund shall be made within ten (10) business days of either receipt of GLEG's request or Owests receipt of all records relating to the actual costs, whichever comes last, but in no event later than ninety (90) Days following the deniaL. 10.8.4.5 The PDR Transfer of Responsibility process requires the submission of the DPR Transfer of Responsibility Application Form containing information for both the vacating and assuming GLEGs, a signed Owest PDR Transfer Authorization Agreement, and full payment of the quoted PDR Transfer of Responsibility charge. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 271 Section 10 Ancillary Services 10.8.4.5.1 The PDR Transfer of Responsibility Application Form and Transfer Authorization Agreement are on Owests web site at: http://ww.gwest.com/wholesale/pcatlpoleductrow.html. 10.8.4.5.2 The PDR Transfer of Responsibility Application Form and an electronic version of the Transfer Authorization Agreement with "Agreed" entered in the designated signature blocks (this will act as your electronic signature) must be submitted to wsstcægwest.com. 10.8.4.5.3 The printed and signed PDR Transfer Authorization Agreement and full payment is to be mailed to: Resource Allocation, 700 W. Mineral MT- G28.24, Littleton CO 80120. . 10.8.5 Billng 10.8.5.1 CLEC agrees to pay the following fees in advance as specified in Exhibit A: Inquiry Fee, Field Verification Fee, Access Agreement Preparation Fee, Make~Ready Fee, Pole Attachment Fee, Ductllnnerduct Occupancy Fee and Access Agreement Consideration. Make- Ready Fees will be computed in compliance with applicable local, state and federal guidelines. Usage fees for poles/duct/innerduct (i.e., Pole Attachment Fee and Ductllnnerduct Occupancy Fee) will be assessed on an annual basis (unless CLEC requests a semi-annual basis). Annual usage fees for poles/duct/innerduct will be assessed as of January 1 of each year. Semi-annual usage fees for poles/duct/innerduct will be assessed as of January 1 and July 1 of each year. All fees shall be paid within thirty (30) Days following receipt of invoices. All fees are not refundable except as expressly provided herein. 10.8.5.2 Vacating CLEC is obligated to pay all recurring charges until Owest completes the PDR Transfer of Responsibility request. Once the transfer is complete, the effective date to cease recurring billing will coincide with the same date recurring billing starts for assuming CLEC. 10.8.6 Maintenance and Repair In the event of any service outage affecting both Owest and CLEC, repairs shall be effectuated on a non-discriminatory basis as established by local, state or federal requirements. Where such requirements do not exist, repairs shall be made in the following order: electrical, telephone (EAS/local), telephone (Long Distance), and cable television, or as mutually agreed to by the users of the affected poles/ductlinnerduct. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 272 Section 11 Network Security Section 11.0 - NETWORK SECURITY 11.1 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 customers, ortheir property as it employs to protect its own personnel, customers and property, etc. 11.2 Each Party is responsible to provide security and privacy of communications. This entails protecting the confidential nature of Telecommunications transmissions between 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 customer at any time. Nor shall an employee, agent or representative disclose the nature of overheard conversations, or who participated in such communications or even that such communication has taken place. Violation of such security may entail state and federal criminal penalties, as well as civil penalties. CLEC is responsible for covering its employees on such security requirements and penalties. 11.3 The Parties' Telecommunications networks are part of the national security network, and as such, are protected by federal law. Deliberate sabotage or disablement of any portion of the underlying equipment used to provide the network is a violation of federal statutes with severe penalties, especially in times of national emergency or state of war. The Parties are responsible for covering their employees on such security requirements and penalties. 11.4 Qwest and CLEC share responsibility for security and network protection for each Collocation arran§ement. Each Party's employees, agents or representatives must secure its own portable test equipment, spares, etc. and shall not use the test equipment or spares of other parties. Use of such test equipment or spares without written permission constitutes theft and may be prosecuted. Exceptions are the use of Qwest ladders in the Wire Center, either rolling or track, which CLEC may use in the course of work operations. Qwest assumes no liability to CLEC, its agents, employees or representatives, if CLEC uses a Qwest ladder available in the Wire Center. 11.5 Each Party is responsible for the physical security of its employees, agents or representatives. Providing safety glasses, gloves, etc. must be done by the respective employing Party. Hazards handling and safety procedures relative to the Telecommunications environment is the training responsibility of the employing Party. Proper use of tools, ladders, and test gear is the training responsibility of the employing Party. 11.6 In the event that one Party's employees, agents or representatives inadvertently damage or impair the equipment of the other Party, prompt notification will be given to the damaged Party by verbal notification between the Parties' technicians at the site or by telephone to each Party's 24 x 7 security numbers. 11.7 Each Party shall comply at all times with Qwest security and safety procedures and requirements while performing work activities on Qwests Premises. 11.8 Qwest will allow CLEC to inspect or observe spaces which house or contain CLEC equipment or equipment enclosures at any time and to furnish CLEC with all keys, entry codes, lock combinations, or other materials or information which may be needed to gain entry into any secured CLEC space, in a manner consistent with that used by Qwest. April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 273 Section 11 Network Security 11.9 Qwest will limit the keys used in its keying systems for enclosed collocated spaces which contain or house CLEC equipment or equipment enclosures to its employees and representatives to emergency access only. CLEC shall further have the right to change locks where deemed necessary for the protection and security of such spaces. 11.10 Keys may entail either metallic keys or combination electronic to/key cards. It is solely the responsibility of CLEC to ensure keys are not shared with unauthorized personnel and recover keys and electronic ID/keys promptly from discharged personnel, such that office security is always maintained. Qwest has similar responsibility for its employees. 11.11 CLEC will train its employees, agents and vendors on Qwest security policies and guidelines. 11.12 When working on Qwest ICDF Frames or in Qwests common or CLEC equipment line-ups, Qwest and CLEC employees, agents and vendors agree to adhere to Qwest quality and performance standards provided by Qwest and as specified in this Agreement. 11.13 CLEC shall report all material losses to Qwest Security. All security incidents are to be referred directly to local Qwest Security - 1-888-879-7328. In cases of emergency, CLEC shall call 911 and 1-888-879-7328. 11.14 Qwest and CLEC employees, agents and vendors will display the identification/access card above the waist and visible at all times. 11.15 Qwest and CLEC shall ensure adherence by their employees, agents and vendors to all applicable Qwest environmental health and safety regulations. This includes all fire/life safety matters, OSHA, EPA, Federal, State and local regulations, including evacuation plans and indoor air quality. 11.16 and gates. Qwest and CLEC employees, agents and vendors will secure and lock all doors 11.17 CLEC will report to Qwest all property and equipment losses immediately, any lost cards or keys, vandalism, unsecured conditions, security violations, anyone who is unauthorized to be in the work area or is not wearing the Qwest identification/access card. 11.18 Qwest and CLEC's employees, agents and vendors shall comply with Qwest Central Offce fire and safety regulations, which include but are not limited to, wearing safety glasses in designated areas, keeping doors and aisles free and clean of trip hazards such as wire, checking ladders before moving, not leaving test equipment or tools on rolling ladders, not blocking doors open, providing safety straps and cones in installation areas, using electrostatic discharge protection, and exercising good housekeeping. 11.19 Smoking is not allowed in Qwest buildings, Wire Centers, or other Qwest facilities. No open flames shall be permitted anywhere within the buildings, Wire Centers or other facilities. Failure to abide by this restriction may result in denial of access for that individual and may constitute a violation of the access rules, subjecting CLEC employee, agent or vendor to denial of unescorted access. Qwest shall provide written notice within five (5) Days of CLEC violation of this provision to CLEC prior to denial of access and such notice shall include: 1) identification of the violation of this provision and the personnel involved, 2) April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 . Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 274 Section 11 Network Security identification of the safety regulation violated, and 3) date and location of such violation. CLEC will have five (5) Days to remedy any such violation for which it has received notice from Qwest. In the event that CLEC fails to remedy any such violation of which it has received notice within such five (5) Days following receipt of such notice, CLEC shall be denied unescorted access to the çiffected Premises. In the event CLEC disputes any action Qwest seeks to take or has taken pursuant to this provision, CLEC may pursue immediate resolution by expedited Dispute Resolution. 11.20 No flammable or explosive fluids or materials are to be kept or used anywhere within the Qwest buildings or on the grounds. 11.21 No weapons of any type are allowed on Qwest Premises. Vehicles on Qwest property are subject to this restriction as welL. 11.22 Except as otherwise provided in this Agreement, CLEC's employees, agents or vendors may not make any modifications, alterations, additions or repairs to any space within the building or on the grounds, provided, however, nothing in Section 11 shall prevent CLEC, its employees or agents from performing modifications, alterations, additions or repairs to its own equipment or facilities. 11.23 Qwest employees may request CLEC's employees, agents or vendors to stop any work activity that in their reasonable judgment is a jeopardy to personal safety or poses a potential for damage to the Qwest Premises, Qwest equipment or Qwest services within the facility until the situation is remedied. CLEC employees may report any work activity that in their reasonable judgment is a jeopardy to personal safety or po~s a potential for damage to the building, CLEC equipment or CLEC services within the facility, to Qwest Service Assurance (800-713-3666) and the reported work activity will be immediately stopped until the situation is remedied. In the event such non-compliant activity occurs in a Qwest Central Offce, notification of the non-compliant activity may be made to the Central' Offce supervisor, and the Central Offce supervisor shall immediately stop the reported work activity until the situation is remedied. The compliant Party shall provide immediate notice of the non-compliant work activity to the non-compliant Party and such notice shall include: 1) identification of the non-compliant work activity, 2) identification of the safety regulation violated, and 3) date and location of safety violation. If such non-compliant work activities pose an immediate threat to the safety of the other Party's employees, interference with the performance of the other Party's service obligations, or pose an immediate threat to the physical integrity of the other Party's facilities, the compliant Party may perform such work and/or take action as is necessary to correct the condition at the non-compliant Party's expense. In the event the non-compliant Party disputes any action the compliant Party seeks to take or has taken pursuant to this provision, the non- compliant Party may pursue immediate resolution by expedited Dispute Resolution. If the non- compliant Party fails to correct any safety non-compliance within ten (10) Days of written notice of non-compliance, or if such non-compliance cannot be corrected within ten (10) Days of written notice of non-compliance, and if the non-compliant Party fails to take all appropriate steps to correct as soon as reasonably possible, the compliant Party may pursue immediate resolution by expedited Dispute Resolution. 11.24 Qwest is not liable for any damage, theft or personal injury resulting from CLEC's employees, agents or vendors parking in a Qwest parking area. 11.25 CLEC's employees, agents or vendors outside the designated CLEC access area, or without proper identification may be asked to vacate the Premises and Qwest security April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 275 Section 11 Network Security may be notified. Continued violations may result in termination of access privileges. Qwest shall provide immediate notice of the security violation to CLEC and such notice shall include: 1) identification of the security violation, 2) identification of the security regulation violated, and 3) date and location of security violation. CLEC will have five (5) Days to remedy any such alleged security violation before any termination of access privileges for such individuaL. In the event CLEC disputes any action Qwest seeks to take or has taken pursuant to this provision, CLEC may pursue immediate resolution by expedited or other Dispute Resolution. 11.26 Centers: Building related problems may be referred to the Qwest Work Environment 800-879-3499 (CO, WY, AZ, NM) 800-201-7033 (all other Qwest states) 11.27 CLEC will submit a Qwest Collocation Access Application form for individuals needing to access Qwest faciliies. CLEC and Qwest will meet to review applications and security requirements. 11.28 CLEC employees, agents and vendors will utilize only corridors, stairways and elevators that provide direct access to CLEC's space or the nearest restroom facility. Such access will be covered in orientation meetings. Access shall not be permitted to any other portions of the building. 11.29_ CLEC will collect identification/access cards for any employees, agents or vendors no longer working on behalf of CLEC and forward them to Qwest Security. If cards or keys cannot be collected, CLEC will immediately notify Qwest at 800-210-8169. 11.30 CLEC will assist Qwest in validation and verification of identification of its employees, agents and vendors by providing a telephone contact available seven (7) Days a week, twenty-four (24) hours a Day. 11.31 Qwest and CLEC employees, agents and vendors will notify Qwest Service Assurance (800-713-3666) prior to gaining access into a Central Offce after hours, for the purpose of disabling Central Offce alarms for CLEC access. Normal business hours are 7:00 a.m. to 5:00 p.m. 11.32 CLEC will notify Qwest if CLEC has information that its employee, agent or vendor poses a safety and/or security risk. Qwest may deny access to anyone who in the reasonable judgment of Qwest threatens the safety or security of facilities or personneL. 11.33 CLEC will supply to Qwest Security, and keep up to date, a list of its employees, agents and vendors who require access to CLEC's space. The list will include names and social security numbers. Names of employees, agents or vendors to be added to the list will be provided to Qwest Security, who will provide it to the appropriate Qwest personneL. 11.34 Revenue Protection. Qwest shall make available to CLEC all present and future fraud prevention or revenue protection features. These features include, but are not limited to, screening codes, information digits '29' and '70' which indicate prison and COCOT pay phone originating line types respectively; call blocking of domestic, international, 800, 888, 900, NPA- 976, 700 and 500 numbers. Qwest shall additionally provide partitioned access to fraud April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 276 Section 11 Network Security prevention, detection and control functionality within pertinent Operations Support Systems which include but are not limited to L1DB Fraud monitoring systems. 11.34.1 Uncollectable or un billable revenues resulting from, but not confined to, Provisioning, maintenance, or signal network routing errors shall be the responsibility of the Party causing such error or malicious acts, if such malicious acts could have reasonably been avoided. 11.34.2 Uncollectible or unbillable revenues resulting from the accidental or malicious alteration of software underlying Network Elements or their subtending Operational Support Systems by unauthorized third parties that could have reasonably been avoided shall be the responsibility of the Party having administrative control of access to said Network Element or operational support system software. 11.34.3 Qwest shall be responsible for any direct uncollectible or unbillable revenues resulting from the unauthorized physical attachment to Loop facilities from the Main Distribution Frame up to and including the Network Interface Device, including clip- on fraud, if Qwest couldhave reasonably prevented such fraud. 11.34.4 To the extent that incremental costs are directly attributable to a revenue protection capability requested by CLEC, those costs will be borne by CLEC. 11.34.5 To the extent that either Party is liable to any toll provider for fraud and to the extent that either Party could have reasonably prevented such fraud, the Party who could have reasonably prevented such fraud must indemnify the other for any fraud due to compromise of its network (e.g., clip-on, missing information digits, missing toll restriction, etc.). 11.34.6 If Qwest becomes aware of potential fraud with respect to CLEC's accounts, Qwest will promptly inform CLEC and, at the direction of CLEC, take reasonable action to mitigate the fraud where such action is possible. 11.35 Law Enforcement Interface. Qwest and CLEC provide emergency assistance to 911 centers and law enforcement agencies seven (7) Days a week/twenty-four (24) hours a Day. Assistance includes, but is not limited to, release of 911 trace and subscriber information; in-progress trace requests; establishing emergency trace equipment, release of information from an emergency trap/trace or *57 trace; requests for emergency subscriber information; assistance to law enforcement agencies in hostage/barricade situations, kidnappings, bomb threats, extortion/scams, runaways and life threats. 11.36 Qwest provides trap/trace, pen register and Title III assistance directly to law enforcement, if such assistance is directed by a court order. This service is provided during normal business hours, Monday through Friday. Exceptions are addressed in the above paragraph. The charges for these services will be billed directly to the law enforcement agency, without involvement of CLEC, for any lines served from Qwest Wire Centers or cross boxes. 11.37 In all cases involving telephone lines served from Qwest Wire Centers or cross boxes, whether the line is a resold line or Unbundled Loop element, Qwest will perform trap/trace Title III and pen register assistance directly with law enforcement. CLEC will not be involved or notified of such actions, due to non-disclosure court order considerations, as well as timely response duties when law enforcement agencies are involved. Exceptions to the above April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 277 Section 11 Network Security will be those cases, as yet undetermined, where GLEG must participate due to technical reasons wherein its circuitry must be accessed or modified to comply with law enforcement, or for legal reasons that may evolve over time. GLEG will provide Qwest with a contact during normal business hours, Monday through Friday for processing such requests, should they occur. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 278 Section 12 Access to Operational Support Systems (OSS) Section 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) 12.1 Description 12.1.1 Qwest has developed and shall continue to provide Operational Support System (OSS) interfaces using electronic gateways and manual processes. These gateways act as a mediation or control point between CLEC's and Qwests OSS. These gateways provide security for the interfaces, protecting the integrity of the Qwest OSS and databases. Qwests OSS interfaces have been developed to support Pre-ordering, Ordering and Provisioning, Maintenance and Repair and Billing. This section describes the interfaces and manual processes that Qwest has developed and shall provide to CLEC. Additional technical information and details shall be provided by Qwest in training sessions and documentation and support, such as the "Interconnect Mediated Access User's Guide." Qwest will continue to make improvements to the electronic interfaces as technology evolves, Qwests legacy systems improve, or CLEC needs require. Qwest shall provide notification to CLEC consistent with the provisions of the Change Management Process (CMP) set forth in Section 12.2.6. 12.1.2 Through its electronic gateways and manual processes, Qwest shall provide CLEC non-discriminatory access to Qwests OSS for Pre-ordering, Ordering and Provisioning, Maintenance and Repair, and Billing functions. For those functions with a retail analogue, such as pre-ordering and ordering and Provisioning of resold services, Qwest shall provide CLEC access to its OSS in substantially the same time and manner as it provides to itself. For those functions with no retail analogue, such as pre-ordering and ordering and Provisioning of Unbundled Elements, Qwest shall provide CLEC access to Qwests OSS suffcient to allow an efficient competitor a meaningful opportunity to compete. Qwest will comply with the standards for access to OSS set forth in Section 20. Qwest shall deploy the necessary systems and personnel to provide sufficient access to each of the necessary OSS functions. Qwest shall provide assistance for CLEC to understand how to implement and use all of the available OSS functions. Qwest shall provide CLEC sufficient electronic and manual interfaces to allow CLEC equivalent access to all of the necessary OSS functions. Through its web site, training, disclosure documentation and development assistance, Qwest shall disclose to CLEC any internal business rules and other formattng information necessary to ensure that CLEC's requests and orders are processed effciently. Qwest shall provide training to enable CLEC to devise its own course work for its own employees. Through its documentation available to CLEC, Qwest will identify how its interface differs from national guidelines or standards. Qwest shall provide OSS designed to accommodate both current demand and reasonably foreseeable demand. 12.2 OSS Support for Pre-ordering, Ordering and Provisioning 12.2.0 Qwest will establish interface contingency plans and disaster recovery plans for the interfaces described in this Section. Qwest will work cooperatively with CLECs through the CMP to consider any suggestions made by CLECs to improve or modify such plans. CLEC- specific requests for modifications to such plans will be negotiated and mutually agreed upon between Qwest and CLEC. 12.2.0.1 Ordering and Provisioning 12.2.0.1.1 Ordering and Provisioning - Qwest will provide access to ordering and status functions. CLEC will populate the service request to identify what April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 279 Section 12 Access to Operational Support Systems (OSS) features, services, or elements it wishes Qwest to provision in accordance with Qwests published business rules. 12.2.0.1.2 Qwest will provide all Provisioning services to CLEC during the same business hours that Qwest provisions services for its end user customers. Qwest will provide out-of-hours Provisioning services to CLEC on a non- discriminatory basis, as it provides such Provisioning services to itself, its end user customers, its Affliates or any other Party. Qwest shall disclose the business rules regarding out-of-hours Provisioning on its wholesale web site. 12.2.0.1.3 When CLEC places a manual order, Qwest will provide CLEC with a manual Firm Order Confirmation (FOC) notice. The' confirmation notice will follow industry-standard formats. 12.2.0.1.4 Business rules regarding rejection of Local Service Requests (LSR) or Access Service Requests (ASR) are subject to the provisions of Section 12.2.6. 12.2.0.1.5 When Qwest provides installation on behalf of CLEC, Qwest will advise CLEC's end user customer to notify CLEC immediately if the end user customer requests a service change at the time of installation. 12.2.1 Ordering Process 12.2.1.1 Local Service Requests (LSR) 12.2.1.1.1 Qwest shall provide electronic interface gateways for submission of LSRs, including both an application-to-application interface and a Graphical User Interface (GUI). 12.2.1.1.2 The interface guidelines for the application-to-application interface are based upon the Order & Billing Forum (OBF) Local Service Order Guidelines (LSOG), and the appropriate electronic transmission standards. Exceptions to the above guidelines/standards shall be specified in the Interconnect Mediated Access (IMA) disclosure documents. 12.2.1.1.3 The GUI shall provide a single interface for Pre-order and Order transactions from CLEC to Qwest and is browser based. The GUI interface shall be based on the LSOG and utilizes a WEB standard technology, Hyper Text Markup Language (HTML), JAVA and the Transmission Control Protocol/lnternet Protocol (TCP/IP) to transmit messages. 12.2.1.1.4 Functions Pre-ordering - Qwest will provide real time, electronic access to pre-order functions to support CLEC's ordering via the electronic interfaces described herein. Qwest will make the following real time pre-order functions available to CLEC: 12.2.1.1.4.1 Features, services and Primary Interexchange Carrier (PIC) options for IntraLATA toll and InterLATA toll available at a valid service address; April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 280 Section 12 Access to Operational Support Systems (OSS) 12.2.1.1.4.2 Access to Customer Service Records (CSRs) for Qwest retail or resale end user customers. The information will include Billing name, service address, Billing address, service and feature subscription, Directory Listing information, and Long Distance Carrier identity; 12.2.1.1.4.3 Telephone number request and selection; .12.2.1.1.4.4 Reservation of appointments for service installations requiring the dispatch of a Qwest technician on a non-discriminatory basis; 12.2.1.1.4.5 Information regarding whether dispatch is required for service installation and available installation appointments; 12.2.1.1.4.6 Service address verification; 12.2.1.1.4.7 Facility availability, Loop qualification and Loop make-up information, including, but not limited to, Loop length, presence of Bridged Taps, repeaters, and loading coils; 12.2.1.1.4.8 A list of valid available CFAs for Unbundled Loops; 12.2.1.1.4.9 A list of one to five (1-5) individual Meet Points or a range of Meet Points for shared Loops; 12.2.1.1.4.10 Design Layout Record (DLR) Query which provides the layout for the local portion of a circuit at a particular location where applicable; 12.2.1.1.4.11 NC/NCI combinations supported by IMA flow-through can be addressed; 12.2.1.1.4.12 Raw Loop Data can be validated in IMA and QORA and retrieved by segments and sub-segments; and 12.2.1.1.4.13 Loop Qualification for ISDN and Qwest DSL services can be performed using IMA Loop Qualification TooL. 12.2.1.1.5 When CLEC places an electronic order, Qwest will provide CLEC with an electronic FOC. The FOC will follow industry-standard formats and contain the Qwest Due Date for order completion. Upon completion of the order, Qwest supplies two (2) completion notices: 1) service order completion (SOC) which notifies CLEC when the service order record was completed, and 2) Billing completion that notifies CLEC that the service order has posted to the Billing system. 12.2.1.1.6 When CLEC places an electronic order, Qwest will provide notification electronically of any instances when 1) Qwests Committed Due Date is in jeopardy of not being met by Qwest, or 2) an order is rejected. The standards for returning such notices are set forth in Section 20. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 281 Section 12 Access to Operational Support Systems (OSS) 12.2.1.1.7 When CLEC places a manual order, Qwest provide notification of any instances when 1) Qwests committed Due Date is in jeopardy of not being met by Qwest on any service, or 2) an order is rejected. The standards for returning such notices are set forth in Section 20. 12.2.1.1.8 Dial-Up Capabilities 12.2.1.1.8.1 Intentionally Left Blank. 12.2.1.1.8.2 Intentionally Left Blank. 12.2.1.1.8.3 When CLEC requests from Qwest more than fifty (50) SecurlDs for use by CLEC customer service representatives at a single CLEC location, CLEC shall use a T1 line instead of dial-up access at that location. If CLEC is obtaining the line from Qwest, then CLEC shall be able to use SecurlDs until such time as Qwest provisions the T1 line and the line permits pre-order and order information to be exchanged between Qwest and CLEC. 12.2.1.1.9 Application-to-application Facilities-based Listing Process. Qwest shall provide an application-to-application facilities-based listing interface to enable CLEC's listing data to be translated and passed into the Qwest listing database. This interface is based upon OBF LSOG and the appropriate electronic transmission standards. Qwest shall supply exceptions to these guidelines/standards in writing in sufficient time for CLEC to adjust system requirements. 12.2.1.2 Access Service Request (ASR) 12.2.1.2.1 Qwest shall provide a computer-to-computer batch file interface, an application-to-application interface, and a GUI interface for submission of ASRs based upon the OBF Access Service Order Guidelines (ASOG). Qwest shall supply exceptions to these guidelines in writing in sufficient time for CLEC to adjust system requirements. 12.2.1.2.2 Functions Pre-ordering. Qwest will provide real time, electronic access to pre-order functions to support CLEC's ordering via the electronic interfaces described in this Section. Qwest will make the following real time pre- order functions available to CLEC: 12.2.1.2.2.1 Service Address validation; 12.2.1.2.2.2 CFA validation; 12.2.1.2.2.3 NC-NCI validation; 12.2.1.2.2.4 BAN validation; and 12.2.1.2.2.5 CLLI validation. 12.2.1.2.3 When CLEC places an electronic or manual order, April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 282 Section 12 Access to Operational Support Systems (OSS) Owest will provide notification of any instances when 1) Owests committed Due Date is in jeopardy of not being met by Owest, or 2) an order is rejected. The standards for returning such notices are set forth in Section 20. 12.2.1.2.4 When CLEC places an electronic order, Owest will provide CLEC with an electronic Firm Order Confirmation notice (FOG). The FOC will follow industry-standard formats and contain the Owest Due Date for order completion. 12.2.2 Maintenance and Repair 12.2.2.1 Owest shall provide electronic interface gateways, including an Electronic Bonding interface and a GUI interface, for reviewing an end user customer's trouble history at a specific location, conducting testing of an end user customer's service where applicable, and reporting trouble to facilitate the exchange of updated information and progress reports between Owest and CLEC while the Trouble Report (TR) is open and a Owest technician is working on the resolution. CLEC may also report trouble through manual processes. For designed services, the TR will not be closed prior to verification by CLEC that trouble is cleared. 12.2.3 Interface Availability 12.2.3.1 Owest shall make its ass interfaces available to CLEC during the hours listed in the Gateway Availability PIDs in Section 20. 12.2.3.2 Owest shall notify CLEC in a timely manner regarding system downtime through mass email distribution and pop-up windows as applicable. 12.2.4 Billng 12.2.4.1 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. 12.2.4.2 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 ANSIIASC X12 Committee. A proper subset of this specification has been adopted by the Telecommunications Industry Forum (TCIF) as the "811 Guidelines" specifically for the purposes of Telecommunications Billing. Any deviance from these standards and guidelines shall be documented and accessible to CLEC. 12.2.5 Outputs Output information will be provided to CLEC in the form of bills, files, and reports. Bills will capture ,all regular monthly and incremental/usage charges and present them in a summarized format. The files and reports delivered to CLEC come in the following categories: April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 283 Section 12 Access to Operational Support Systems (OSS) Usage Record File Line Usage Information Loss and Completion Order Information Category 11 Facility Based Line Usage Information SAG/FAM Street Address/Facility Availability Information 12.2.5.1 Bills 12.2.5.1.1 CRIS Summary Bill - The CRIS Summary Bill represents a monthly summary of charges for most wholesale products sold by Qwest. This bill includes a total of all charges by entity plus a summary of current charges and adjustments on each sub-account. Individual sub-accounts are provided as Billing detail and contain monthly, one-time charges and incremental/call detail information. The Summary Bill provides one bill and one payment document for CLEC. These bills are segmented by state and bill cycle. The number of bills received by CLEC is dictated by the product ordered and the Qwest region in which CLEC is operating. 12.2.5.1.2 lABS Bill - The lABS Bill represents a monthly summary of charges. This bill includes monthly and one-time charges plus a summary of any usage charges. These bills are segmented by product, LATA, Billing account number (BAN) and bill cycle. 12.2.5.2 Files and Reports 12.2.5.2.1 Daily Usage Record File provides the accumulated set of call information for a given Day as captured or recorded by the network Switches. This file will be transmitted Monday through Friday, excluding Qwest holidays. This information is a file of unrated Qwest originated usage messages and rated CLEC originated usage messages. It is provided in A TIS standard Electronic Message Interface (EMI) format. This EMI format is outlined in the document SR-320; which can be obtained directly from A TIS. The Daily Usage Record File contains multi-state data for the Data Processing Center generating this information. Individual state identification information is contained with the message detaiL. Qwest will provide this data to CLEC with the same level of precision and accuracy it provides itself. This file will be provided for resale products. 12.;2.5.2.2 The charge for this Daily Usage Record File is contained in Exhibit A of this Agreement. 12.2.5.2.3 Routing of in-region IntraLATA Collect, Calling Card, and Third Number Billed Messages - Qwest will distribute in-region IntraLA TA collect, calling card, and third number billed messages to CLEC and exchange with other CLECs operating in region in a manner consistent with existing inter-company processing agreements. Whenever the daily usage information is transmitted to a Carrier, it will contain these records for these types of calls as welL. April 15, 2008/1hd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 284 Section 12 Access to Operational Support Systems (OSS) 12.2.5.2.4 Loss Report provides CLEC with a daily report that contains a list of accounts that have had lines and/or services disconnected. This may indicate that the end user customer has changed CLEes or removed services from an existing account. This report also details the order number, service name and address, and date this change was made. Individual reports will be provided for resale, Unbundled Loop, and Interim Number Portability products. 12.2.5.2.5 Completion Report provides CLEC with a daily report. This report is used to advise CLEC that the order(s) for the service(s) requested is complete. It details the order number, service name and address and date this change was completed. Individual reports will be provided for resale and Unbundled Loop products. 12.2.5.2.6 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 CLEC. Category 1101 series records are used to exchange detailed access usage information. 12.2.5.2.7 Intentionally Left Blank. 12.2.5.2.8 SAG/FAM Files. The SAG (Street Address Guide)/FAM (Features Availability Matrix) files contain the following information: a) 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. InterLATA/lntraLATA 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. 12.2.6 Change Management. Owest agrees to maintain a change management process, known as (CMP), that is consistent with or exceeds industry guidelines, standards and practices to address Owests ass, products and processes. The CMP shall include, but not be limited to, utilization of the following: (i) a forum for CLEC and Owest to discuss CLEC and Owest change requests (CR), CMP notifications, systems release life cycles, and communications; (ii) provide a forum for CLECs and Owest to discuss and prioritize CRs, where applicable pursuant to the CMP Document; (iii) a mechanism to track and monitor CRs and CMP notifications; (iv) established intervals where appropriate in the process; (v) processes by which CLEC impacts that result from changes to Owests ass, products or processes can be promptly and effectively resolved; (vi) processes that are effective in maintaining the shortest timeline practicable for the receipt, development and implementation of all CRs; (vii) sufficient dedicated Owest 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 CLECs, including the availability of web-based tools; (x) documentation provided by Owest that is effective in enabling CLECs to build an electronic gateway; and (xi) a process for changing CMP that calls for collaboration among CLECs and Owest and requires agreement by the CMP participants. Pursuant to the scope and procedures set forth in the CMP Document, Owest wil submit to CLECs through the CMP, among other things, modifications to existing products and technical documentation available to April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 285 Section 12 Access to Operational Support Systems (OSS) CLECs, introduction of new products available to CLECs, discontinuance of products available to CLECs, modifications to pre-ordering, ordering/provisioning, maintenance/repair or billing processes, introduction of pre-ordering, ordering/provisioning, maintenance/repair or billing processes, discontinuance of pre-ordering, ordering/provisioning, maintenance/repair or billing processes, modifications to existing OSS interfaces, introduction of new OSS interfaces, and retirement of existing OSS interfaces. Owest will maintain as part of CMP an escalation process so that CMP issues can be escalated to a Owest 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 Owest and CLECs in the ongoing CMP. The CMP Document will continue to be changed through those discussions. The CMP Document reflects the commitments Owest has made regarding maintaining its CMP and Owest commits to implement agreements made in the CMP process as soon as practicable after they are made. The CMP Document will be subject to change through the CMP, as set forth in the CMP Document. Owest will maintain the most current version of the CMP Document on its wholesale web site. 12.2.6.1 In the course of establishing operational ready system interfaces between Owest and CLEC to support local service delivery, CLEC and Owest may need to define and implement system interface specifications that are supplemental to existing standards. CLEC and Owest will submit such specifications to the appropriate standards committee and will work towards their acceptance as standards. 12.2.6.2 Release updates will be implemented pursuant to the CMP.' 12.2.6.3 Intentionally Left Blank;- 12.2.7 CLEC Responsibilties for Implementation of ass Interfaces 12.2.7.1 Before CLEC implementation can begin, CLEC must completely and accurately answer the New Customer Ouestionnaire as required in Section 3.2. 12.2.7.2 Once Owest receives a complete and accurate New Customer Ouestionnaire, Owest and CLEC will mutually agree upon time frames for implementation of connectivity between CLEC and the OSS interfaces. 12.2.8 Qwest Responsibilities for On-going Support for ass Interfaces Owest will support previous application-to-application releases for six (6) months after the next subsequent release has been deployed. 12.2.8.1 release. Owest will provide written notice to CLEC of the need to migrate to a new 12.2.8.2 Owest will provide an Implementation Coordinator to work with CLEC for business scenario re-certification, migration and data conversion strategy definition. 12.2.8.3 Re-certification is the process by which CLEC demonstrates the ability to generate correct functional transactions for enhancements not previously certified. Owest will provide the suite of tests for re-certification to CLEC with the issuance of the disclosure document. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 286 Section 12 Access to Operational Support Systems (OSS) 12.2.8.4' Owest shall provide training mechanisms for CLEC to pursue in educating its internal personneL. Owest shall provide training necessary for CLEC to use Owests ass interfaces and to understand Owests documentation, including Owests business rules. 12.2.9 CLEC Responsibilties for On-going Support for OSS Interfaces 12.2.9.1 If using the GUI interface, CLEC will take reasonable efforts to train CLEC personnel on the GUI functions that CLEC will be using. 12.2.9.2 An application-to-application exchange protocol will be used to transport electronically-formatted content. CLEC must perform certification testing of exchange protocol prior to using the application-to-application interface. 12.2.9.3 Owest will provide CLEC with access to a stable testing environment that mirrors production to certify that its ass will be capable of interacting smoothly and efficiently with Owests ass. Owest has established the following test processes to assure the implementation of a solid interface between Owest and CLEC: 12.2.9.3.1 Connectivity Testing - CLEC and Owest will conduct connectivity testing. This test will establish the ability of the trading partners to send and receive electronic messages effectively. This test verifies the communications between the trading partners. Connectivity is established during each phase of the implementation cycle. This test is also conducted prior to controlled production and before going live in the production environment if CLEC or Owest has implemented environment changes when moving into production. 12.2.9.3.2 Stand-Alone Testing Environment (SATE) regression testing: Owests stand-alone testing environment will take pre-order and order requests, pass them to the stand-alone database, and return responses to CLEC during its development and implementation of application-to-application interface. Regression testing-SATE provides CLEC the opportunity to validate its technical development efforts buil via Owest documentation without the need to schedule test times. This testing verifies CLEC's ability to send correctly formatted electronic transactions through the IMA system edits successfully for both new and existing releases. SATE uses test account data supplied by Owest. Owest will make additions to the test beds and test accounts as it introduces new OSS electronic interface capabilities, including support of new products and services, new interface features, and functionalities. All SATE pre-order queries and orders are subjected to the same edits as production pre-order and order transactions. This testing phase is optionaL. 12.2.9.3.3 SATE-progression testing: CLEC has the option of participating with Owest in progression testing to provide CLEC with the opportunity to validate technical development efforts and to quantify processing results. Progression testing provides CLEC the opportunity to validate its technical development efforts built via Owest documentation without the need to schedule test times. This testing verifies CLEC's ability to send correctly formatted electronic transactions through IMA system edits successfully for both new and existing releases. SATE uses test account data supplied by Owest. Owest will April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 287 Section 12 Access to Operational Support Systems (OSS) 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-order queries and orders are subjected to the same edits as production pre-order and order transactions. This testing phase is required. 12.2.9.3.4 Controlled Production - Qwest and CLEC will perform controlled production. The controlled production process is designed to validate the ability of CLEC to transmit electronic data that completely meets the appropriate electronic transmission standards and complies with all Qwest business rules. Controlled production consists of the controlled submission of actual CLEC production requests to the Qwest production environment. Qwest treats these pre-order queries and orders as production pre-order and order transactions. Qwest and CLEC use controlled production results to determine operational readiness. Controlled production requires the use of valid account and order data. All certification orders are considered to be live orders and will be provisioned. 12.2.9.3.5 If CLEC is using the application-to-application interface, Qwest shall provide CLEC with a pre-allotted amount of time to complete certification of its business scenarios. Qwest will allow CLEC a reasonably suffcient amount of time during the day and a reasonably suffcient number of days during the week to complete certification of its business scenarios consistent with CLEe's business plan. It is the sole responsibility of CLEC to schedule an appointment with Qwest for certification of its business scenarios. CLEC must ;iake every effort to comply with the agreed upon dates and times scheduled for the certification of its business scenarios. If the certification of business scenarios is delayed due to CLEC, it is the sole responsibility of CLEC to schedule new appointments for certification of its business scenarios. Qwest will make reasonable efforts to accommodate CLEC schedule. Conflicts in the schedule could result in certification being delayed. If a delay is due to Qwest, Qwest will honor CLEC's schedule through the use of alternative hours. 12.2.9.3.6 Intentionally Left Blank. 12.2.9.4 If CLEC is using the application-to-application interface, CLEC must work with Qwest to certify the business scenarios that CLEC will be using in order to ensure successful transaction processing. Qwest and CLEC shall mutually' agree to the business scenarios for which CLEC requires certification. Certification will be granted for the specified release of the interface. If CLEC is certifying multiple products or services, CLEC has the option of certifying those products or services serially or in parallel where Technically Feasible. 12.2.9.4.1 For a new software release or upgrade, Qwest will provide CLEC a stable testing environment that mirrors the production environment in order for CLEC to test the new release. For softare releases and upgrades, Qwest has implemented the testing processes set forth in Sections 12.2.9.3.2, 12.2.9.3.3 and 12.2.9.3.4. 12.2.9.5 New releases of the application-to-application interface may require re- certification of some or all business scenarios. A determination as to the need for re- April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 288 Section 12 Access to Operational Support Systems (OSS) certification will be made by the Owest coordinator in conjunction with the release manager of each IMA release. Notice of the need for re-certification will be provided to CLEC as the new release is implemented. The suite of re-certification test scenarios will be provided to CLEC with the disclosure document. If CLEC is certifying multiple products or services, CLEC has the option of certifying those products or services serially or in parallel, where Technically Feasible. 12.2.9.6 CLEC will contact the Owest Implementation Coordinator to initiate the migration process. CLEC may not need to certify to every new IMA application-to- application release, however, CLEC must complete the re-certification and migration to the new release within six (6) months of the deployment of the new release. CLEC will use reasonable efforts to provide sufficient support and personnel to ensure that issues that arise in migrating to the new release are handled in a timely manner. 12.2.9.6.1 The following rules apply to initial development and certification of IMA application-to-application interface versions and migration to subsequent application-to-application interface versions: 12.2.9.6.1.1 SATE regression or SATE progression interoperability testing must begin on the prior release before the next release is implemented. Otherwise, CLEC will be required to move its implementation plan to the next release. 12.2.9.6.1.2 New IMA application-to-application users must be certi.ied and in production with at least one (1) product and one (1) order activity type on a prior release two (2) months after the implementation of the next release. Otherwise, CLEC will be required to move its implementation plan to the next release. 12.2.9.6.1.3 Any IMA application-to-application user that has been placed into production on the prior release not later than two (2) months after the next release implementation may continue certifying additional products and activities until two (2) months prior to the retirement of the release. To be placed into production, the products/order activities must have been tested in the SATE environment before two (2) months after the implementation of the next release. 12.2.9.7 CLEC will be expected to execute the re-certification test cases in the stand alone test environment. CLEC will provide Purchase Order Numbers (PONs) of the successful test cases to Owest. 12.2.9.8 In addition to the testing set forth in other sections of Section 12.2.9, upon request by CLEC, Owest shall enter into negotiations for comprehensive production test procedures. In the event that agreement is not reached, CLEC shall be entitled to employ, at its choice, the Dispute Resolution procedures of this Agreement or expedited resolution through request to the state Commission to resolve any differences. In such cases, CLEC shall be entitled to testing that is reasonably necessary to accommodate identified business plans or operations needs, accounting for any other testing relevant to those plans or needs. As part of the resolution of such dispute, there shall be considered the issue of assigning responsibility for the costs of such testing. Absent a finding that the test scope and activities address issues of common interest to the CLEC April 15, 2008/lhd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 289 Section 12 Access to Operational Support Systems (OSS) community, the costs shall be assigned to CLEC requesting the test procedures. 12.2.10 CLEC Support 12.2.10.1 Owest shall prQvide documentation and assistance for CLEC to understand how to implement and use all of the available ass functions. Owest shall provide to CLEC in writing any internal business rules and other formattng information necessary to ensure that CLEC's requests and orders are processed efficiently. This assistance will include, but is not limited to, contacts to the CLEC account team, training, documentation, and CLEC Help Desk. Owest will also supply CLEC with an escalation level contact list in the event issues are not resolved via contacts to the CLEC account team, training, documentation and CLEC Help Desk. 12.2.10.2 CLEC Help Desk 12.2.10.2.1 The CLEC Systems Help Desk will provide a single point of entry for CLEC to gain assistance in areas involving connectivity, system availability, and file outputs. The CLEC Systems Help Desk areas are further described below. 12.2.10.2.1.1 Connectivity covers trouble with CLEC's access to the Owest system for hardware configuration requirements with relevance to application-to-application and GUI interfaces; software configuration requirements with relevance to application-to-application and GUI interfaces; modem configuration requirements, T1 configuration and dial- in string requirements, firewall access configuration, web-services configuration, SecurlD configuration, Profile Setup, and password verification. 12.2.10.2.1.2 System Availability covers system errors generated during an attempt by CLEC to place orders or open trouble reports through application-to-application and GUI interfaces. These system errors are limited to: Resale/POTS; UNE POTS; Design Services and Repair. 12.2.10.2.1.3 File Outputs covers CLEC's output files and reports produced from its usage and order activity. File outputs system errors are limited to: Daily Usage File;, Loss / Completion File, lABS Bill, CRIS Summary Bill, Category 11 Report and SAG/FAM Reports. 12.2.10.3 Additional assistance to CLEC is available through various public web sites. These web sites provide electronic interface training information and user documentation and technical specifications and are located on Owests wholesale web site. Owest will provide Interconnect Service Center Help Desks which will provide a single point of contact for CLEC to gain assistance in areas involving order submission and manual processes. 12.2.11 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 April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 290 Section 12 Access to Operational Support Systems (OSS) recurring or nonrecurring OSS 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. 12.3 Maintenance and Repair 12.3.1 Service Levels 12.3.1.1 Owest will provide repair and maintenance for all services covered by 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 CLEC repair status information in substantially the same time and manner as Owest provides for its retail services. 12.3.1.2 During the term of this Agreement, Owest will provide necessary maintenance business process support to allow CLEC to provide similar service quality to that provided by Owest to itself, its end user customers, its Affiliates, or any other party. 12.3.1.3 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 CLEC 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. 12.3.2 Branding 12.3.2.1 Owest shall use unbranded Maintenance and Repair forms while interfacing with CLEC customers. Upon request, Owest shall use CLEC provided and branded Maintenance and Repair forms. Owest may not unreasonably interfere with branding by CLEC. 12.3.2.2 Except as specifically permitted by CLEC, in no event shall Owest provide information to CLEC subscribers about CLEC or CLEC product or services. 12.3.2.3 This section shall confer on Owest no rights to the service marks, trademarks and trade names owned by or used in connection with services offered by CLEC or its Affiliates, except as expressly permitted by CLEC. 12.3.3 Service Interruptions 12.3.3.1 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 affliated companies, or its connecting and concurring Carriers involved in its services; 2) cause damage to the plant of the other Party, its affiliated companies, or its connecting concurring Carriers involved in its services; 3) violate any Applicable Law or regulation regarding the invasion of privacy of any communications carried over the Party's facilities; or 4) create hazards to the employees of either Party or to the public. Each of these requirements is hereinafter referred to as an "Impairment of Service". April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 291 Section 12 Access to Operational Support Systems (OSS) 12.3.3.2 If it is confirmed that either Party is causing an Impairment of Service, as set forth in this Section, the Party whose network or service is being impaired (the "Impaired Party") shall promptly notify the Party causing the Impairment of Service (the "Impairing Party") of the nature and location of the problem. The Impaired Party shall advise the Impairing Party that, unless promptly rectified, a temporary discontinuance of the use of any circuit, facility or equipment may be required. The Impairing Party and the Impaired Party agree to work together to attempt to promptly resolve the Impairment of Service. If the Impairing Party is unable to promptly remedy the Impairment of Service, the Impaired Party may temporarily discontinue use of the affected circuit, facility or equipment. 12.3.3.3 To facilitate trouble reporting and to coordinate the repair of the service provided by each Party to the other under this Agreement, each Party shall designate a repair center for such service. 12.3.3.4 Each Party shall furnish a trouble reporting telephone number for the designated repair center. This number shall give access to the location where records are normally located and where current status reports on any trouble reports are readily available. If necessary, alternative out-of-hours procedures shall be established to ensure access to a location that is staffed and has the authority to initiate corrective action. 12.3.3.5 Before either Party reports a trouble condition, it shall use its best efforts to isolate the trouble to the other's facilities. 12.3.3.5.1 In cases where a trouble condition affects a significant portion of the other's service, the Parties shall assign the same priority provided to CLEC as itself, its end user customers, its Affiliates, or any other party. 12.3.3.5.2 The Parties shall cooperate in isolating trouble conditions. 12.3.4 Trouble Isolation 12.3.41 CLEC is responsible for its own customer base and will have the responsibility for resolution of any service trouble report(s) from its customers. CLEC will perform trouble isolation on services it provides to its customers to the extent the capability to perform such trouble isolation is available to CLEC, prior to reporting trouble to Qwest. CLEC shall have access for testing purposes at the Demarcation Point, NID, or Point of Interface. Qwest will work cooperatively with CLEC to resolve trouble reports when the trouble condition has been isolated and found to be within a portion of Qwests network. Qwest and CLEC will report trouble isolation test results to the other. Each Party shall be responsible for the costs of performing trouble isolation on its facilities, subject to Sections 12.3.4.2 and 12.3.4.3. 12.3.4.2 When CLEC requests that Qwest perform trouble isolation with CLEC, a Maintenance of Service Miscellaneous Charge or a Trouble Isolation charge applies if the trouble is found to be on CLEC's side or on the end user customer's side of the Demarcation Point. If the trouble is on the end user customer's side of the Demarcation Point, CLEC is required to perform its own maintenance. 12.3.4.3 Before submitting a repair request to Qwest, CLEC will isolate trouble to April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 292 Section 12 Access to Operational Support Systems (OSS) the Owest network and must submit test results indicating the location of the trouble when submitting the repair request. If a trouble ticket with test results is accepted by Owest, and Owest determines that the trouble is on the CLEC or the end user customer's side of the Loop Demarcation Point, a Maintenance of Service Miscellaneous Charge or a Trouble Isolation Charge applies. When CLEC elects not to perform trouble isolation and Owest performs tests at CLEC request, a Maintenance of Service Miscellaneous Charge or a Trouble Isolation charge applies if the trouble is not in Owests facilities, including Owests facilities leased by CLEC. When trouble is found on Owests side of the Demarcation Point, or Point of Interface, during the investigation of the initial or repeat trouble report for the same line or circuit within thirty (30) Days, Maintenance of Service Miscellaneous Charges or Trouble Isolation Charges shall not apply. 12.3.5 Inside Wire Maintenance Except where specifically required by state or federal regulatory mandates, or as may be provided for under Section 6 of this Agreement, Owest will not perform any maintenance of inside wire (premises wiring beyond the end user customer's Demarcation Point) for CLEC or its end user customers. 12.3.6 TestinglTest Requests/Coordinated Testing/UNEs 12.3.6.1 Where CLEC does not have the ability to diagnose and isolate trouble on a Owest line, circuit, or service provided in this Agreement that CLEC 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 Affliates, or any other party. 12.3.6.2 Prior to Owest conducting a test on a line, circuit, or service provided in this Agreement that CLEC is utilizing to serve an end user customer, Owest must receive a trouble report from CLEe. 12.3.6.3 On manually reported trouble for non-designed services, Owest will provide readily available test results to CLEC or test results to CLEC in accordance with any applicable Commission rule for providing test results to end user customers or CLECs. On manually reported trouble for designed services provided in this Agreement, Owest will provide CLEC test results upon request. For electronically reported trouble, Owest will provide CLEC 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 Affliates, or any other party. 12.3.6.4 CLEC shall isolate the trouble condition to Owests 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 CLEC, Owest shall process the trouble report in substantially the same time and manner as Owest does for itself, its end user customers, its Affliates, or any other party. 12.3.6.5 Owest shall test to ensure electrical continuity of all UNEs, including Central Office Demarcation Point, and services it provides to CLEC prior to closing a trouble report. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 293 Section 12 Access to Operational Support Systems (OSS) 12.3.7 Work Center Interfaces 12.3.7.1 Owest and CLEC shall work cooperatively to develop positive, close working relationships among corresponding work centers involved in the trouble resolution processes. 12.3.8 Misdirected Repair Calls 12.3.8.1 CLEC and Owest will employ the following procedures for handling misdirected repair calls: 12.3.8.1.1 CLEC and Owest will provide their respective customers with the correct telephone numbers to call for access to their respective repair bureaus. 12.3.8.1.2 Customers of CLEC shall be instructed to report all cases of trouble to CLEC. Customers of Owest shall be instructed to report all cases of trouble to Owest. 12.3.8.1.3 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 prohibitOwest or CLEC from discussing its products and services with CLEC's or Owests customers who call the other Party seeking such information. 12.3.8.1.4 CLEC and Owest will provide their respective repair contact numbers to one another on a reciprocal basis. 12.3.8.1.5 In responding to repair calls, CLEC's customers contacting Owestin error will be instructed to contact CLEC; andOwests customers contacting CLEC 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 CLEC from discussing its products and services with CLEC's or Owests customers who call the other Party seeking such information. 12.3.9 Major Outages/Restoral/Notification 12.3.9.1 Owest will notify CLEC of major network outages in substantially the same time and manner as it provides itself, its end user customers, its Affliates, or any other party. This notification will be via e-mail to CLEC's identified contact. With the minor exception of certain Proprietary Information such as customer information, 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, abnormal condition updates, and final disposition. Service restoration will be non- discriminatory, and will be accomplished as quickly as possible according to Owest April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 294 Section 12 Access to Operational Support Systems (OSS) and/or industry standards. 12.3.9.2 Owest will meet with associated personnel from CLEC to share contact information and review Owests outage restoral processes and notification processes. 12.3.9.3 Owests emergency restoration process operates on a 7X24 basis. 12.3.10 Protective Maintenance 12.3.10.1 Owest will perform scheduled maintenance of substantially the same type and quality to that which it provides to itself, its end user customers, its Affiliates, or any other party. 12.3.10.2 Owest will work cooperatively with CLEC to develop industry-wide processes to provide as much notice as possible to CLEC of pending maintenance activity. Owest shall provide notice of potentially CLEC customer impacting maintenance activity, to the extent Owest can determine such impact, and negotiate mutually agreeable dates with CLEC in substantially the same time and manner as it doesfor itself, its end user customers, its Affliates, or any other party. 12.3.10.3 Owest shall advise CLEC of non-scheduled maintenance, testing, monitoring, and surveillance activity to be performed by Owest on any services, including, to the extent Owest can determine, any hardware, equipment, software, or system providing service functionality which may potentially impact CLEC and/or CLEC end user customers. Owest shall provide the maximum advance notice of such non- scheduled maintenance and testing activity possible, under the circumstances; provided, however, that Owest shall provide emergency maintenance as promptly as possible to maintain or restore service and shall advise CLEC promptly of any such actions it takes. 12.3.11 Hours of Coverage 12.3.11.1 Owests 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, Owests repair operations center (always available 7X24) can call-out technicians or other personnel required for the identified situation. 12.3.12 Escalations 12.3.12.1 Owest will provide trouble escalation procedures to CLEC. Such procedures will be substantially the same type and quality as Owest employs for itself, its end user customers, its Affiliates, or any other party. Owestescalations are manual processes. 12.3.12.2 Owest repair escalations may be initiated by either calling the trouble reporting center or through the electronic interfaces. Escalations sequence through five tiers: tester, duty supervisor, manager, director, vice president. The first escalation point is the tester. CLEC may request escalation to higher tiers in its sole discretion. Escalations . status is available through telephone and the electronic interfaces. Electronic escalation is not available for non-designed products. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 295 Section 12 Access to Operational Support Systems (OSS) 12.3.12.3 Qwest shall handle chronic troubles on non-designed services, which are those greater than three (3) troubles in a rolling thirty (30) Day period, pursuant to Section 12.2.2.1. 12.3.13 Dispatch 12.3.13.1 Qwest will provide maintenance dispatch personnel in substantially the same time and manner as it provides for itself, its end user customers, its Affiliates, or any other party. 12.3.13.2 Upon the acceptance of a complete and accurate trouble report from CLEC, Qwest will follow internal processes and industry standards, to resolve the repair condition. Qwest will dispatch repair personnel on occasion to repair the condition. It will be Qwests decision whether or not to send a technician out on a dispatch. Qwest reserves the right to make this dispatch decision based on the best information available to it in the trouble resolution process. It is not always necessary to dispatch to resolve trouble; should CLEC require a dispatch when Qwest believes the dispatch is not necessary, appropriate Miscellaneous Charges for dispatch will be billed by Qwest to CLEC if Qwest can demonstrate that the dispatch was in fact unnecessary to the clearance of trouble or the trouble is identified to be caused by CLEC facilities or equipment. 12.3.13.3 For POTS lines and designed service circuits, Qwest is responsible for all Maintenance and Repair of the line or circuit and will make the determination to dispatch to locations other than the CLEC customer premises without prior CLEC authorization. For dispatch to the CLEC Customer premises Qwest shall obtain prior CLEC authorization with the exception of major outage restoration, cable rearrangements, and MTE terminal maintenance/replacement. 12.3.14 Trouble Reporting 12.3.14.1 CLEC may submit trouble reports through the Electronic Bonding or GUI interfaces provided by Qwest. Trouble tickets created electronically in CEMR may be viewed at any time after creation. 12.3.14.2 Manually reported trouble tickets may be accessed by CLEC through electronic interfaces when the ticket has been closed. CLEC will only be able to view the history on the account. 12.3.15 Intervals/Parity 12.3.15.1 Similar trouble conditions, whether reported on behalf of Qwest end user customers or on behalf of CLEC end user customers, will receive commitment intervals in substantially the same time and manner as Qwest provides for itself, its end user customers, its Affliates, or any other party. 12.3.16 Jeopardy Management 12.3.16.1 Qwest will notify CLEC, in substantially the same time and manner as Qwest provides this information to itself, its end user customers, its Affilates, or any other party, that a trouble report commitment (appointment or interval) has been or is April 15, 200811hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 296 Section 12 Access to Operational Support Systems (OSS) likely to be missed. At CLEC option, notification may be sent by email or fax through the electronic interface. CLEC may telephone Qwest repair center or use the electronic interfaces to obtain jeopardy status. A jeopardy, caused by either CLEC or Qwest, endangers completing provisioning and/or installation processes and impacts meeting the schedule due date of CLEC's service request. When CLEC's service request is in jeopardy, Qwest notifies CLEC via a status update, email, jeopardy notification, telephone call, and/or FOC (Firm Order Confirmation). The purpose of the jeopardy notification is to identify jeopardy conditions to CLEC that impact meeting the scheduled due date of CLEC's service requests. 12.3.17 Trouble Screening 12.3.17.1 CLEC shall screen and test its end user customer trouble reports completely enough to insure, to the extent possible, that it sends to Qwest only trouble reports that involve Qwest facilities. For services and facilities where the capability to test all or portions of the Qwest network service or facility rest with Qwest, Qwest will perform test isolation and test the service and facility on behalf of CLEC. 12.3.17.2 Intentionally Left Blank. 12.3.18 Maintenance Standards 12.3.18.1 Qwest will cooperate with CLEC to meet the maintenance standards outlined in this Agreement. 12.3.18.2 On manually reported trouble, Qwest will inform CLEC of repair completion in substantially the same time and manner as Qwest provides to itself, its end user customers, its Affliates, or any other party. On electronically reported trouble reports the electronic system will automatically update status information, including trouble completion, across the joint electronic gateway as the status changes. 12.3.19 End User Customer Interface Responsibilties 12.3.19.1 CLEC will be responsible for all interactions with its customers including service call handling and notifying its customers of trouble status and resolution. 12.3.19.2 All Qwest employees who perform repair service for CLEC customers will be trained in non-discriminatory behavior. 12.3.19.3 Qwest will recognize the designated CLEC/OLEC as the Customer of Record for all services ordered by CLEC/OLEC and will send all notices, invoices and pertinent information directly to CLEC/OLEC. Except as otherwise specifically provided in this Agreement, Customer of Record shall be Qwests single and sole point of contact for all CLEC/OLEC end user customers. 12.3.20 Repair Call Handling 12.3.20.1 Manually-reported repair calls by CLEC to Qwest will be answered with the same quality and speed as Qwest answers calls from its own end user customers. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 297 Section 12 Access to Operational Support Systems (OSS) 12.3.21 Single Point of Contact 12.3.21.1 Qwest will provide a single point of contact for CLEC to report maintenance issues and trouble reports seven (7) Days a week, twenty-four (24) hours a day. A single 7X24 trouble reporting telephone number will be provided to CLEC for each category of trouble situation being encountered. 12.3.22 Network Information 12.3.22.1 Qwest maintains an information database, available to CLEe for the purpose of allowing CLEC to obtain information about Qwests NPAs, LATAs, Access Tandem Switches and Central Offces. 12.3.22.2 This database is known as the ICONN database, available to CLEC via Qwests web site. 12.3.22.3 database. CPNI Information and NXX activity reports are also included in this 12.3.22.4 ICONN data is updated in substantially the same time and manner as Qwest updates the same data for itself, its end user customers, its Affliates, or any other party. 12.3.23 Maintenance Windows 12.3.23.1 Generally, Qwest performs major Switch maintenance activities off-hours, during certain "maintenance windows". Major Switch maintenance activities include Switch conversions, Switch generic upgrades and Switch equipment additions. 12.3.23.2 Generally, the maintenance window is between 10:00 p.m. through 6:00 a.m. Monday through Friday, and Saturday 10:00 p.m. through Monday 6:00 a.m., Mountain Time. Although Qwest normally does major Switch maintenance during the above maintenance window, there will be occasions where this will not be possible. Qwest will provide notification of any and all maintenance activities that may impact CLEC ordering practices such as embargoes, moratoriums, and quiet periods in substantially the same time and manner as Qwest provides this information to itself, its end user customers, its Affiliates, or any other party. 12.3.23.3 Intentionally Left Blank. 12.3.23.4 Planned generic upgrades to Qwest Switches are included in the ICONN database, available to CLEC via Qwests web site. 12.3.24 Switch and Frame Conversion Service Order Practices 12.3.24.1 Switch Conversions. Switch conversion activity generally consists of the removal of one Switch and its replacement with another. Generic Switch software or hardware upgrades, the addition of Switch line and trunk connection hardware and the addition of capacity to a Switch do not constitute Switch conversions. 12.3.24.2 Frame Conversions. Frame conversions are generally the removal and April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 298 Section 12 Access to Operational Support Systems (OSS) replacement of one or more frames, upon which the Switch Ports terminate. 12.3.24.3 Conversion Date. The "Conversion Date" is a Switch or frame conversion planned day of cut-over to the replacement frame(s) or Switch. The actual conversion time typically is set for midnight of the Conversion Date. This may cause the actual Conversion Date to migrate into the early hours of the day after the planned Conversion Date. 12.3.24.4 Conversion Embargoes. A Switch or frame conversion embargo is the time period that the Switch or frame Trunk Side facility connections are frozen to facilitate conversion from one Switch or frame to another with minimal disruption to the end user customer or CLEC services. During the embargo period, Owest will reject orders for Trunk Side facilities (see Section 12.3.24.4.1) other than conversion orders described in Section 12.3.24.4.3. 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 CLEC the same capabilities. 12.3.24.4.1 ASRs for Switch or frame Trunk Side facility augments to capacity or changes to Switch or frame Trunk Side facilities must be issued by CLEC with a Due Date prior to or after the appropriate embargo interval as identified in the ICONN database. Owest shall reject Switch or frame Trunk Side ASRs to augment capacity or change facilities issued by CLEC 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 cORversion ASRs described in Section 12.3.24.4.3. 12.3.24.4.2 For Switch and Trunk Side frame conversions, Owest shall provide CLEC with conversion trunk group service requests (TGSR) no less than ninety (90) Days before the Conversion Date. 12.3.24.4.3 For Switch and Trunk Side frame conversions, CLEC shall issue facility conversion ASRs to Owest no later than thirty (30) Days before the Conversion Date for like-for-like, where CLEC mirrors their existing circuit design from the old Switch or frame to the new Switch or frame, and sixty (60) Days before the Conversion Date for addition of trunk capacity or modification of circuit characteristics (i.e., change of AMI to B8ZS). 12.3.24.5 Frame Embargo Period. During frame conversions, service orders and ASRs shall be subject to an embargo period for services and facilities connected to the affected frame. For conversion of trunks where CLEC mirrors their existing circuit design from the old frame to the new frame on a like-for-like basis, such embargo period shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after the Conversion Date. If CLEC requests the addition of trunk capacity or modification of circuit characteristics (i.e., change of AMI to B8ZS) to the new frame, new facility ASRs shall be placed, and the embargo period shall extend from sixty (60) Days prior to the Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an embargo period, 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, Affliates, or any other party. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 299 Section 12 Access to Operational Support Systems (OSS) 12.3.24.6 Switch Embargo Period. During Switch conversions, service orders and ASRs shall be subject to an embargo period for services and facilities associated with the Trunk Side of the Switch. For conversion of trunks where CLEC mirrors their existing circuit design from the old Switch to the new Switch on a like-for-like basis, such embargo period shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after the Conversion Date. If CLEC requests the addition of trunk capacity or modification of circuit characteristics to the new Switch, new facility ASRs shall be placed, and the embargo period shall extend from sixty (60) Days prior to the Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an embargo period, Owest shall identify the particular dates and locations for Switch 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. 12.3.24.7 Switch and Frame Conversion Ouiet Periods for LSRs. Switch and frame conversion quiet periods are the time period within which LSRs may not contain Due Dates, with the exception of LSRs that result in disconnect orders, including those related to LNP orders, record orders, Billing change orders for non-switched products, and emergency orders. 12.3.24.7.1 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 Owest 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 Owest uses for itself, its end user customers, its Affliates, or any other party. 12.3.24.7.2 The quiet period for Switch conversions, where no LSRs except those requesting order activity described in 12.3.24.7 are processed for the affected location, extends from five (5) Days prior to conversion until two (2) Days after the conversion and is identified in the ICONN database. 12.3.24.7.3 The quiet period for frame conversions, where no LSRs except those requesting order activity described in 12.3.24.7 are processed or the affected location, extends from five (5) Days prior to conversion until two (2) Days after the conversion. 12.3.24.7.4 LSRs, except those requesting order activity described in 12.3.24.7, (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 Owest. 12.3.24.7.5 LSRs requesting disconnect activity issued during the quiet period, regardless of requested Due Date, will be processed after the quiet period expires. 12.3.24.7.6 CLEC may request a Due Date change to a LNP related disconnect scheduled during quiet periods up to 12:00 noon Mountain Time the Day prior to the scheduled LSR Due Date. Such changes shall be requested by issuing a supplemental LSR requesting a Due Date change. Such changes shall April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 300 Section 12 Access to Operational Support Systems (OSS) be handled as emergency orders by Qwest. 12.3.24.7.7 CLEC may request a Due Date change to a LNP related disconnect order scheduled during quiet periods after 12:00 noon Mountain Time the Day prior to the scheduled LSR Due Date until 12 noon Mountain Time the Day after the scheduled LSR Due Date. Such changes shall be requested by issuing a supplemental LSR requesting a Due Date change and contacting the Interconnect Service Center. Such changes shall be handled as emergency orders by Qwest. 12.3.24.7.8 In the event that CLEC end user customer service is disconnected in error, Qwest will restore service in substantially the same time and manner as Qwest does for itself, its end user customers, its Affiliates, or any other party. Restoration of CLEC end user customer service will be handled through the LNP escalations process. 12.3.24.8 Switch Upgrades. Generic Switch software and hardware upgrades are not subject to the Switch conversion embargoes or quiet periods described above. If such generic Switch or software upgrades require significant activity related to translations, an abbreviated embargo and/or quiet period may be required. Qwest shall implement service order embargoes and/or quiet periods during Switch upgrades in substantially the same time and manner as Qwest does for itself, its end user customers, its Affiliates, and any other party. 12.3.24.9 Switch Line and Trunk Hardware Additions. Qwest shall use its best efforts to minimize CLEC service order impacts due to hardware additions and modifications to Qwests existing Switches. Qwest shall provide CLEC substantially the same service order processing capabilities as Qwest provides itself, its end user customers, Affiliates, or any other party during such Switch hardware additions. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 301 Section 13 Access to Telephone Numbers Section 13.0 - ACCESS TO TELEPHONE NUMBERS 13.1 Nothing in this Agreement shall be construed in any manner to limit or otherwise adversely impact either Party's right to request an assignment of any NANP number resources including, but not limited to, Central Offce (NXX) Codes pursuant to the Central Offce Code Assignment Guidelines published by the Industry Numbering Committee (INC) as INC 95-0407- 008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling Administration Guidelines INC 99-0127-023, when these Guidelines are implemented by the FCC or Commission Order. The latest version of the Guidelines will be considered the current standard. 13.2 North American Numbering Plan Administration (NANPA) has transitioned to NeuStar. Both Parties agree to comply with industry guidelines and Commission rules, including those sections requiring the accurate reporting of data to the NANPA. 13.3 It shall be the responsibility of each Party to program and update its own Switches and network systems pursuant to the Local Exchange Routing Guide (LERG) to recognize and route traffic to the other Party's assigned NXX or NXX-X codes. Neither Party shall impose any fees or charges on the other Party for such activities. The Parties will cooperate to establish procedures to ensure the timely activation of NXX assignments in their respective networks. 13.4 Each Party is responsible for administering numbering resources assigned to it. Each Party will cooperate to timely rectify inaccuracies in its LERG data. Each Party is responsible for updating the LERG data for NXX codes assigned to its End Offce Switches. Each Party shall use the LERG published by Telcordia or its successor for obtaining routing information and shall provide through an authorized LERG input agent, all required information regarding its network for maintaining the LERG in a timely manner. 13.5 Each Party shall be responsible for notifying its customers of any changes in numbering or dialing arrangements to include changes such as the introduction of new NPAs. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 302 Section 14.0 - LOCAL DIALING PARITY Section 14 Local Dialing Parity 14.1 The Parties shall provide local Dialing Parity to each other as required under Section 251(b)(3) of the Act. Owest will provide local Dialing Parity to competing providers of Telephone Exchange Service and telephone toll service, and will permit all such providers to have non-discriminatory access to telephone numbers, operator services, Directory Assistance, and Directory Listings, with no unreasonable dialing delays. CLEC may elect to route all of its end user customers' calls in the same manner as Owest routes its end user customers' calls, fora given call type (e.g., 0, 0+,1+,411). . April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 303 Section 15 Qwests Official Directory Publisher Section 15.0 - QWEST'S OFFICIAL DIRECTORY PUBLISHER 15.1 Qwest and GLEG 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 GLEG and directory publishers, including Qwests Offcial Directory Publisher. Qwest acknowledges that GLEG may request Qwest to facilitate discussions between GLEG and Qwests Offcial Directory Publisher. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 304 Section 16 Referral Announcement Section 16.0 - REFERRAL ANNOUNCEMENT 16.1 When an end user customer changes from Owest to GLEG, or from GLEG to Owest, and does not retain its original main/listed telephone number, the Party formerly providing service to the end user customer will provide a transfer of service announcement on the abandoned telephone number. Each Party will provide this referral service consistent with its tariff. This announcement will provide details on the new number that must be dialed to reach the end user customer. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 305 Section 17 Bona Fide Request Process Section 17.0. BONA FIDE REQUEST PROCESS 17.1 Any request for Interconnection or access to an Unbundled Network Element or ancillary service that is not already available as described in other sections of this Agreement, including but not limited to Exhibit F or any other interconnection agreement, Tariff or otherwise defined by Qwest as a product or service shall be treated as a Bona Fide Request (BFR). Qwest shall use the BFR Process to determine the terms and timetable for providing the requested Interconnection, access to UNEs or ancillary services, and the technical feasibility of new/different points of Interconnection. Qwest will administer the BFR Process in a non- discriminatory manner. 17.2 A BFR shall be submitted in writing and on the appropriate Qwest form for BFRs. GLEG and Qwest may work together to prepare the BFR form and either Party may request that such coordination be handled on an expedited basis. This form shall be accompanied by the processing fee specified in Exhibit A of this Agreement. Qwest will refund one-half (1/2) of the processing fee if the BFR is cancelled within ten (10) business days of the receipt of the BFR form. The form will request, and GLEG will need to provide, the following information, and may also provide any additional information that may be reasonably necessary in describing and analyzing GLEG's request: 17.2.1 a technical description of each requested Network Element or new/different points of Interconnection or ancillary services; 17.2.2 the desired interface specification; 17.2.3 each requested type of Interconnection or access; 17.2.4 a statement that the Interconnection or Network Element or ancillary service will be used to provide a Telecommunications Service; 17.2.5 the quantity requested; and 17.2.6 the specific location requested. 17.3 Within two (2) business days of its receipt, Qwest shall acknowledge receipt ofthe BFR and in such acknowledgment advise GLEG of missing information, if any, necessary to process the BFR. Thereafter, Qwest shall promptly advise GLEG of the need for any additional information required to complete the analysis of the BFR. If requested, either orally or in writing, Qwest will provide weekly updates on the status of the BFR. 17.4 Within twenty-one (21) Days of its receipt of the BFR and all information necessary to process it, Qwest shall provide to GLEG an analysis of the BFR. The analysis shall specify Qwests conclusions as to whether or not the requested Interconnection or access to an Unbundled Network Element complies with the unbundling requirements of the Act or state law. 17.5 If Qwest determines during the twenty-one (21) Day period that a BFR does not qualify as an Unbundled Network Element or Interconnection or ancillary service that is required to be provided under the Act or state law, Qwest shall advise GLEG as soon as reasonably possible of that fact, and Qwest shall promptly, but in no case later than the twenty-one (21) Day period, provide a written report setting forth the basis for its conclusion. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 306 Section 17 Bona Fide Request Process 17.6 If Owest determines during such twenty-one (21) Day period that the BFR qualifies under the Act or state law, it shall notify GLEG in writing of such determination within ten (10) Days, but in no case later than the end of such twenty-one (21) Day period. 17.7 As soon as feasible, but in any case within forty-five (45) Days after Owest notifies GLEG that the BFR qualifies under the Act, Owest shall provide to GLEG a BFR quotation. The BFR quotation will include, at a minimum, a description of each Interconnection, Network Element, and ancillary service, the quantity to be provided, any interface specifications, and the applicable rates (recurring and nonrecurring) including the separately stated development costs and construction charges of the Interconnection, Unbundled Network Element or ancillary service and any minimum volume and term commitments required, and the timeframes the request will be provisioned. 17.8 GLEG has sixty (60) business days upon receipt of the BFR quotation, to either agree to purchase under the quoted price, or cancel its BFR. 17.9 If GLEG has agreed to minimum volume and term commitments under the preceding paragraph, GLEG may cancel the BFR or volume and term commitment at any time, but may be subject to termination liability assessment or minimum period charges. 17.10 If either Party believes that the other Party is not requesting, negotiating or processing any BFR in good faith, or disputes a determination or quoted price or cost, it may invoke the Dispute Resolution provision of this Agreement. 17.11 All time intervals within which a response is required from one Party to another under this Section are maximum time intervals. Each Party agrees that it will provide all responses to the other Party as soon as the Party has the information and analysis required to respond, even if the time interval stated herein for a response is not over. 17.12 In the event GLEG has submitted a request for Interconnection, Unbundled Network Elements or any combinations thereof, or ancillary services and Owest determines in accordance with the provisions of this Section 17 that the request is Technically Feasible, subsequent requests or orders for substantially similar types of Interconnection, Unbundled Network Elements or combinations thereof or ancillary services by GLEG shall not be subject to the BFR process. To the extent Owest has deployed or denied a substantially similar Interconnection, Unbundled Network Elements or combinations thereof or ancillary services under a previous BFR, a subsequent BFR shall not be required and the BFR application fee shall be refunded immediately. Owest may only require GLEG to complete a New Product Ouestionnaire before ordering such Interconnection, Unbundled Network Elements or combinations thereof, or ancillary services. 1GB pricing and intervals will still apply for requests that are not yet standard offerings. For purposes of this Section 17.12, a "substantially similar" request shall be one with substantially similar characteristics to a previous request with respect to the information provided pursuant to Subsections 17.2.1 through 17.2.8 of Section 17.2 above. The burden of proof is upon Owest to prove the BFR is not substantially similar to a previous BFR. 17.13 The total cost charged to GLEG shall not exceed the BFR quoted price. 17.14 Upon request, Owest shall provide GLEG with Owests supporting cost data and/or studies for the Interconnection, Unbundled Network Element or ancillary service that GLEG wishes to order within seven (7) business days, except where Owest cannot obtain a April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 307 Section 17 Bona Fide Request Process release from its vendors within seven (7) business days, in which case Qwest will make the data available as soon as Qwest receives the vendor release. Such cost data shall be treated as Confidential Information, if requested by Qwest under the non-disclosure sections of this Agreement. 17.15 Qwest will provide notice to CLECs of all BFRs which have been deployed or denied, provided, however, that identifying information such as the name of the requesting CLEC and the location of the request shall be removed. Qwest shall make available a topical list of the BFRs that it has received from CLECs. The description of each item on that list shall be sufficient to allow CLEC to understand the general nature of the product, service, or combination thereof that has been requested and a summary of the disposition of the request as soon as it is made. Qwest shall also be required upon the request of CLEC to provide sufficient details about the terms and conditions of any granted requests to allow CLEC to take the same offering under substantially identical circumstances. Qwest shall not be required to provide information about the request initially made by CLEC whose BFR was granted, but must make available the same kinds of information about what it offered in response to the BFR as it does for other products or services available under this Agreement. CLEC shall be entitled to the same offering terms and conditions made under any granted BFR, provided that Qwest may require the use of ICB pricing where it makes a demonstration to CLEC of the need therefore. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 308 Section 18 Audit Process Section 18.0 . AUDIT PROCESS 18.1 Nothing in this Section 18 shall limit or expand the Audit provisions in the Performance Assurance Plan (PAP). Nothing in the PAP shall limit or expand the Audit provisions in this Section 18. For purposes of this section the following definitions shall apply: 18.1.1 "Audit" shall mean the comprehensive review of the books, records, and other documents used in the Billing process for services performed, including, without limitation, reciprocal compensation and facilities provided under this Agreement. 18.1.2 "Examination" shall mean an inquiry into a specific element or process related to the above. Commencing on the Effective Date of this Agreement, either Party may perform Examinations as either Party deems necessary. 18.2 This Audit shall take place under the following conditions: 18.2.1 Either Party may request to perform an Audit or Examination. 18.2.2 The Audit or Examination shall occur upon thirty (30) business days written notice by the requesting Party to the non-requesting Party. 18.2.3 The Audit or Examination shall occur during normal business hours. However, such Audit will be conducted in a commercially reasonable manner and both Parties will work to minimize disruption to the business operations of the Party being audited. 18.2.4 There shall be no more than two (2) Audits requested by each Party under this Agreement in any twelve (12) month period. Either Party may audit the other Party's books, records and documents more frequently than twice in any twelve (12) month period (but no more than once in each quarter) if the immediately preceding audit found previously uncorrected net variances, inaccuracies or errors in invoices in the audited Party's favor with an aggregate value of at least five percent (5%) of the amounts payable for the affected services during the period covered by the Audit. 18.2.5 The requesting Party may review the non-requesting Party's records, books and documents, as may reasonably contain information relevant to the operation of this Agreement. 18.2.6 The location of the Audit or Examination shall be the location where the requested records, books and documents are retained in the normal course of business. .18.2.7 All transactions under this Agreement which are over twenty-four (24) months old will be considered accepted and no longer subject to Audit. The Parties agree to retain records of all transactions under this Agreement for at least twenty-four (24) months. 18.2.8 Audit or Examination Expenses 18.2.8.1 Each Party shall bear its own expenses in connection with conduct of the Audit or Examination. The requesting Party will pay for the reasonable cost of special data extractions required by the Party to conduct the April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 309 Section 18 Audit Process Audit or Examination. For purposes of this section, a "Special Data Extraction" means the creation of an output record or informational report (from existing data files) that is not created in the normal course of business. If any program is developed to the requesting Party's specification and at that Party's expense, the requesting Party will specify at the time of request whether the program is to be retained by the other Party for reuse for any subsequent Audit or Examination. 18.2.8.2 Notwithstanding the foregoing, the non-requesting Party shall pay all of the requesting Party's commercially reasonable expenses in the event an Audit or Examination identifies a difference between the amount billed and the amount determined by the Audit that exceeds five percent (5%) of the amount billed and results in a refund and/or reduction in the Billing to the requesting Party. 18.2.9 The Party requesting the Audit may request that an Audit be conducted by a mutually agreed-to independent auditor, which agreement will not be unreasonably withheld or delayed by the non-requesting Party. Under this circumstance, the costs of the independent auditor shall be paid for by the Party requesting the Audit subject to Section 18.2.8.2. 18.2.10 In the event that the non-requesting Party requests that the Audit be performed by an independent auditor, the Parties shall mutually agree to the selection of the independent auditor. Under this circumstance, the costs of the independent auditor shall be shared equally by the Parties. The portion of this expense borne by the requesting Party shall be borne by the flon-requesting Party if the terms of Section 18.2.8.2 are satisfied. 18.2.11 Adjustments, credits or payments will be made and any corrective action must commence within thirty (30) Days after the Parties' receipt of the final Audit report to compensate for any errors and omissions which are disclosed by such Audit or Examination and are agreed to by the Parties. The interest rate payable shall be in accordance with Commission requirements. In the event that any of the following circumstances occur within thirty (30) business days after completion of the Audit or Examination, they may be resolved at either Party's election, pursuant to the Dispute Resolution Process; (i) errors detected by the Audit or Examination have not been corrected; (ii) adjustments, credits or payments due as a result of the Audit or Examination have not been made, or (iii) a dispute has arisen concerning the Audit or Examination. 18.2.12 Neither the right to examine and Audit nor the right to receive an adjustment will be affected by any statement to the contrary appearing on checks or otherwise. 18.2.13 This Section will survive expiration or termination of this Agreement for a period of two (2) years after expiration or termination of the Agreement. 18.3 All information received or reviewed by the requesting Party or the independent auditor in connection with the Audit is to be considered Proprietary Information as defined by this Agreement in Section 5.16. The non-requesting Party reserves the right to require any non- employee who is involved directly or indirectly in any Audit or the resolution of its findings as described above to execute a nondisclosure agreement satisfactory to the non-requesting Party. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 310 Section 18 Audit Process To the extent an Audit involves access to information of other competitors,"CLEC and Qwest will aggregate such competitors' data before release to the other Party, to insure the protection of the proprietary nature of information of other competitors. To the extent a competitor is an Affliate of the Party being audited (including itself and its subsidiaries), the Parties shall be allowed to examine such Affliate's disaggregated data, as required by reasonable needs of the Audit. Information provided in an Audit or Examination may only be reviewed by individuals with a need to know such information for purposes of this Section 18 and who are bound by the nondisclosure obligations set forth in Section 5.16. In no case shall the Confidential Information be shared with the Parties' retail marketing, sales or strategic planning. 18.3.1 Either Party may request an Audit of the other's compliance with this Agreement's measures and requirements applicable to limitations on the distribution, maintenance, and use of proprietary or other protected information that the requesting Party has provided to the other. Those Audits shall not take place more frequently than once in every three (3) years, unless cause is shown to support a specifically requested Audit that would otherwise violate this frequency restriction. Examinations will not be permitted in connection with investigating or testing such compliance. All those other provisions of this Section 18 that are not inconsistent herewith shall apply, except that in the case of these Audits, the Party to be audited may also request the use of an independent auditor. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 311 Section 19 Construction Charges Section 19.0 - CONSTRUCTION CHARGES 19.1 All rates, charges and initial service periods specified in this Agreement contemplate the provision of network Interconnection services and access to Unbundled loops or ancillary services to the extent existing facilities are available. Except for modifications to existing facilities necessary to accommodate Interconnection and access to Unbundled loops or ancillary services specifically provided for in this Agreement, Qwest will consider requests to build additional or further facilities for network Interconnection and access to Unbundled loops or ancillary services, as described in the applicable section of this Agreement. 19.2 All necessary construction will be undertaken at the discretion of Qwest, consistent with budgetary responsibilities, consideration for the impact on the general body of end user customers and without discrimination among the various Carriers. 19.3 A quotation for ClEC's portion of a specific job will be provided to ClEC. The quotation will be in writing and will be binding for ninety (90) business days after the issue date. When accepted, ClEC will be biled the quoted price and construction will commence after receipt of payment. If ClEC chooses not to have Qwest construct the facilities, Qwest reserves the right to bil ClEC for the expense incurred for producing the engineered job design. 19.4 In the event a construction charge is applicable, ClEC's service Application Date will become the date upon which Qwest receives the required payment. April 15, 2008/1hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Owest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 312 Section 20 Service Performance Section 20.0 - SERVICE PERFORMANCE 20.1 Performance Indicator Definitions (PIDs), in their current form are included in Exhibit B of this Agreement. Subsequent changes to these PIDs submitted to the Commission shall be incorporated into Exhibit B as soon as they are effective either by operation of law or Commission order, whichever occurs first and without further Amendment to this Agreement. 20.2 The Owest Performance Assurance Plan (OPAP) is attached as 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. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 313 Section 21 Network Standards Section 21.0 . NETWORK STANDARDS 21.1 The Parties recognize that Owest services and Network Elements have been purchased and deployed, over time, to Telcordia and Owest technical standards. Specification of standards is built into the Owest purchasing process, whereby vendors incorporate such standards into the equipment Owest purchases. Owest supplements generally held industry standards with Owest Technical Publications. 21.2 The Parties recognize that equipment vendors may manufacture Telecommunications equipment that does not fully incorporate and may differ from industry standards at varying points in time (due to standards development processes and consensus) and either Party may have such equipment in place within its network. Except where otherwise explicitly stated within this Agreement, such equipment is acceptable to the Parties, provided said equipment does not pose a security, service or safety hazard to Persons or property. 21.3 Generally accepted and developed industry standards which the Parties agree to support include, but are not limited to: 21.3.1 Switching GR-1428-CORE Common Channel Signaling Network Interface Specification (CCSNIS) Supporting Toll Free Service GR-1432-CORE CCSNIS Supporting TCAP GR-317 -CORE Call Control Using Integrated Services Network Digital User Part (ISDNUP) GR-905-CORE CCSNIS Supporting Network Interconnection, Message Transfer Part (MTP), and ISUP GR-1357 -CORE Switched Fractional DS 1 TR-TSY-000540 Tandem Supplement GR-305-CORE GR-1429-CORE CCSNIS Supporting Call Management Services FR-64 LATA Switching System Generic Requirement (LSSGR) GR-334-CORE Switched Access Service TR-NWT-000335 Voice Grade Special Access Services TR-TSY-000529 Public Safety LSSGR TR-NWT -000505 LSSGR Call Processing FR-NWT-0002710SSGR TR-NWT-001156 OSSGR Operator Subsystem April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 314 Section 21 Network Standards SR-TSY-001171 Methods and Procedures for System Reliability Analysis 21.3.2 Transport FR-440 Transport System Generic Requirements (TSGR) TR-NWT -000499 (TSGR) Transport Systems Generic Requirements GR-820-CORE Generic Transmission Surveillance; OS 1 and DS3 Performance GR-253-CORE Synchronous Optical Network Systems (SONET) Transport Systems: Common Generic Criteria TR-NWT-000507 LSSGR: Transmission TR-NWT-000776 NID for ISDN Subscriber Access GR-342-CORE High Capacity Digital Special Access Service ST-TEC-000051 & 52 Telecommunications Transmission Engineering Handbooks Volumes 1 & 2 ANSI T1.102-1993 Digital Hierarchy- Electrical Interface, Annex B 21.3.3 Loops TR-NWT-000057 Functional Criteria for Digital Loop Carrier (IDLC) Systems TR-NWT -000393 Generic Requirements for ISDN Basic Access Digital Subscriber Lines GR-253-CORE SONET Transport Systems: Common Generic Criteria TR-TSY-000673 Operations Interface for an IDLC System GR-303-CORE Integrated Digital Loop Carrier System Generic Requirements TR-TSY-000008 Digital Interface Between the SLC 96 Digital Loop Carrier System and a Local Digital Switch TA-TSY-000120 Subscriber Premises or Network Ground Wire GR-49-CORE Generic Requirements for Outdoor Telephone Network Interface Devices (NID) TR-NWT-000937 Generic Requirements for Building Entrance Terminals TR-NWT-000133 Generic Requirements for Network Inside Wiring ANSI T1.417, Spectrum Management for Loop Transmission Systems April 15, 2008/1hd/XO Comrnunications/ID/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 315 Section 21 Network Standards 21.3.4 Local Number Portabilty Number Portability Generic Switching and Signaling Requirements for Number Portability, Issue 1.00, February 12, 1996 (Editor - Lucent Technologies, Inc.); Generic Requirements for SCP Application and GTT Function for Number Portability, Issue 0.95, Final Draft, September 4, 1996 (Editor - Ameritech Inc.); Generic Operator Services Switching Requirements for Number Portability, Issue 1.00, Final Draft, April 12, 1996 (Editor - Nortel); A TIS, TRQ NO.1, Technical Requirements for Number Portability Operator Services Switching Systems, April 1999; ATIS, TRQ NO.2, Technical Requirements for Number Portability Switching Systems, April 1999; ATIS, TRQ No.3, Technical Requirements for Number Portability Database and Global Title Translation, April 1999; FCC First Report and Order and Further Notice of Proposed Rulemaking; FCC 96-286; CC Docket 95-116, RM 8535; Released July 2, 1996; FCC First Memorandum Opinion and Order on Reconsideration; FCC 97-74; CC _ Docket 95-116, RM 8535; Released March 11, 1997. FCC Second Report and Order, FCC 97-298; CC Docket 95-116, RM 8535; Released August 18, 1997. 21.4 The Parties will cooperate in the development of national standards for Interconnection elements as the competitive environment evolves. Recognizing that there are no current national standards for Interconnection Network Elements, Qwest has developed its own standards for some Network Elements. Details of these standards are documented in the Qwest Technical Publications. Qwest Technical Publications have been developed to support service offerings, inform end user customers and suppliers, and promote engineering consistency and deployment of developing technologies. Qwest provides all of its Technical Publications at no charge via web site: http://ww.qwest.com/techpub/. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 316 Section 22 Signature Page Section 22.0 - SIGNATURE PAGE By signing below, and in consideration of the mutual promises set forth herein, and other good and valuable consideration, the Parties agree to abide by the terms and conditions set forth in this Interconnection Agreement. xom;ns¡z Signature 7rë~l= Signature Heather B. Gold Name PrintedlTyped L. T. Christensen Name PrintedlTyped SVP - External AffairsTille !ll!~úr Date Director - Interconnection Agreements Title ~/o~Date April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003 Qwest Fourteen State Negotiations Template, Version 3.1, April 30, 2007 317 XO Communications Exhibit A Idaho Select the appropriate type of Select Traffic Type EAS / Local Traffic contract below. For cost docket Reciprocal Compensation chanaes leave blank:Elec Rénegôtiatiôn Options StateOrdé Notes 6,0 Resale Wholesale Wholesale Discount Discount Percentage Percentage Recurring Nonrecurring Chames Charaes 6.1 Wholesale Discount Rates 6,1,1 Southern Idaho 61.,1 Basic Exchanoe Residential Line Service 18,26%18,26%B B 6,1,1,2 Basic Exchanae Business Line Service 18,26%18,26%B B 6,1,1.3 Intra LATA Toll 18,26%18,26%B B 6,1,1.4 Packaoe / Special Services (e,q,. Centrex. Discounted Line/Feature Packaoes. ISDN,18,26%18,26%B B 6,11,6 Listinqs. CO Features & Information Services 18,26%18,26%B B ,6,1,1,6 Private Line 18,26%18,26%B B 6,1,1,7 Operator Services / Directorv Assistance OSIDA \.18,26%18,26%B B 6,11,8 Volume Packaoed Services - Hioh Volume Customers 6,66%6,66%B B 6,1.,9 Public Access Line (PAL) Service 0,00%0,00%B B 6,1.2 Northern Idaho 6,1,2,1 Basic Exchanoe Residential Line Service 19,37%19,37%B B 6,1,2,2 Basic Exchanoe Business Line Service / PBX 19,37%19,37%B B 6,1,2,3 Intra LATA Toll 19,37%19,37%B B 6,1,2.4 Packaoe / Soecial Services e,O'. Centrex. Discounted Line/Feature Packaaes. ISDN,19,37%19,37%B B 6,1.2,5 Listinqs. CO Features & Information Services 19,37%19,37%B B 6,1.2,6 Private Line 19,37%19,37%B B 6,1.2,7 Operator Services / Directorv Assistance (OS/DA\19,37%19,37%B B 6,1.2,8 Volume Packaged Services - Hioh Volume Customers 6,87%6,87%B B 6,1,2,9 Public Access Line (PAL) Service 0,00%0,00%B B 6.2 Customer Transfer Chareie (CTC) 6,2,1 CTC for POTS Service 6.2,1.Manual . 6,2,1,11 First Line $16.22 B 6,2,1,1.2 Each Additional Line $2,27 B 6.21.2 Mechanized 62,1,2,1 First Line $0,63 B 6,2,1,2.2 Each Additional Line $0,12 B 6,2.2 CTCfor Private Line Transport Services 6,2,21 IFirst Circuit $38,84 B 6.2,2,2 IAdditional Circuit. per Circuit. same CSR $33,50 B 6.2,3 CTC for Advanced Communications Services, Der Circuit $46,81 B 7.0 Interconnection 7.1 Entrance Facilities 7,1,1 Iintentionallv Left Blank 7,1.2 IDS1 $103,61 $208,34 B B 7,1,3 IDS3 $524.42 $27773 B B I 7,21L1S EICT I 172,1 IPerDS1 $0,00 $0,00 B B I 172,2 IPer DS3 $0,00 $0,00 B B 7,3 Direct Trunked Transport 7,3,1 Intentionallv Left Blank 7,3.2 DS1 (Recurrino Fixed & per Mile) 7,3.2,1 Over 0 to 8 Miles $37:35 $1.25 B B 7,3.2,2 Over 8 to 25 Miles $37,35 $1,82 B B 7,3.2,3 Over 25 to 50 Miles $37,35 $1.89 B B 7,3,2.4 Over 50 Miles $37,35 $1,90 B B 7,3,3 DS3 (Recurrino Fixed & per Mile) 7,3,3,1 Over 0 to 8 Miles $257,18 $19.48 B B 7,3,3,2 Over 8 to 25 Miles $260.49 $24,24 B B 7,3,3,3 Over 25 to 50 Miles $260,77 $26.43 B B 7,3,3.4 Over 50 Miles $259,32 $26,35 B B 1 7.41 Multiplexina I 17.4,1 DS1 to DSO $263,86 $193,30 B B I 17.4,2 DS3 to DS1 $304,22 $193,30 B B 7.5 Trunk Nonrecurrina Charaes 75,1 Intentionallv Left Blank 75,2 DS 1 Interface 7,5.2,1 IFirst Trunk $229.40 B 7,5.2.2 lEach Additional Trunk $5.46 B 7,53 DS3 Interface Effective 4-01-08 (coma)Page 1 of 12 XO Communications Exhibit A Idaho i 1 7,5,3,2 Each Additional Trunk $11.8 B 7,6 Exchaniie Service lEAS/Local) Traffic 7,61 End Office Call Termination, per Minute of Use $0,001343 ### 7,6,2 Tandem Switched Transoort, oer Minute of Use $0,000690 # 763 Tandem Transmission, per Minute of Use (Recurrinii Fixed & per Mile) 76,3,1 Over 0 to 8 Miles $0,0004564 $0,0000367 B B 76,3,2 Over 8 to 25 Miles $0,0004564 $0,0000367 B B 763,3 Over 25 to 50 Miles $0,0004564 $0,0000367 B B 763.4 Over 50 Miles $0,000426 $0,0000144 B B I 7,71Local Traffc - FCC -ISP Rate Caps I 1771 ¡Minute Of Use as of June 14, 2003, rate in effect until further FCC action $0,0007 5 7,8 Miscellaneous Charaes 7,8,1 Expedite Charge (LIS Trunks)Owest's Idaho Access Service Cataiog 7,8.2 Cancellation Charge (LIS Trunks)Owest's Idaho Access Service Catalog 7,83 Additional Testing (LIS Trunks)Owest's Idaho Access Service Catalog 7,9 Transit Traffic 7,9,1 Local & Intra LATA Toll Transit, oer Minute of Use $0,001473 (Õ 7,9.2 Intentionallv Left Blank-7,9,3 Intentionally Left Blank 79.4 Cateiiory 11 Mechanized Record Chariie, per Record 7,9.4,1 1 Mechanized Transit Records $0,0025 2,13 1 7,10 Jointlv Provided Switched Access Services 7,10,1 i Mechanized Access Records $0,0014877 B 7,11 IntraLATA Toll Traffic Owest's Idaho Owest's Idaho Access Access Service Service Cataloq Cataloii 8,0 i Collocation 8,1 All Collocation 8,11 Planninq and Enqineerinq 8,1.1,1 IIntentionallv Left Blank 8,11.2 ¡Cable Augment Ouote Preparation Fee $1,284,30 B 8,1,2 Entrance Facility 81.2,1 IStandard Shared, per Fiber $5.4 $616,32 B B 81.2,2 1 Cross Connect, per Fiber $5,56 $722,65 B B 8,1.2,3 1 Express, per Cable $88,19 $9,009,73 B B 8,1,3 Cable Splicinq 8,1,3,1 1 Fiber, per Set-Up $399,93 B 8132 1 Per Fiber Spliced $37,15 B 81.4 Power 8,1.4,1 Power Plant 8,1.41,1 I Less Than 60 Amos, oer Amo Ordered $10,64 B 8,1.4,1,2 ¡ Equal To or Greater Than 60 Amps, per Amp Ordered $8.42 B 8,1.4.2 Power Usaiie 8,1.4.2,1 1 Less Than or Equal To 60 Amps, per Amp Ordered $2.47 B 8,1.4,2.2 i Greater Than 60 Amos, oer Amo Ordered or Used $4,93 B 8,1,5 AC Power Feed . 8,1,5,1 AC Power Feed, Der Amo, oer Month 8,1,5,1,1 120V $16,09 B 8,1,5,1,2 208 V, Sinqle Phase $27,89 B 8,1,5.1.208 V, Three Phase $48,25 B 8,1,5,1.4 240 V, Sinqle Phase $32,19 B 8,1,5,1,5 240 V, Three Phase $55,68 B 8,1,5,1,6 480 V, Three Phase $111,35 B 8,1,5,2 AC Power Feed, per Foot, per Month 8,1,5.2,1 120 Amp, Sinqle Phase $0,0084 $7.43 B B 8,1,5,2.2 20 Amo, Three Phase $0,0105 $9.22 B B 8,1,5,23 130 Amp, Single Phase $0,0091 $8,02 B B . Effective 4-0 1-08 (coma)Page 2 of 12 XO Communications Exhibit A Idaho 8,1,5,2.4 30 Amp, Three Phase $0,0125 $11,01 B B 81,5,2,5 40 Amp, Sinqle Phase $0,0107 $9.43 B B 8,1,5,2,6 40 Amo, Three Phase $0,0147 $12,97 B B 815,2,7 50 Amp, Sinqle Phase $0,0127 $11.8 B B 8,1,5,2,8 50 Amp, Three Phase $00177 $15,61 B B 81,52,9 60 Amp, Sinqle Phase $0,0144 $12,64 B B 81,52,10 60 Amp, Three Phase $0,0204 $17,97 B B 8,1,5,2,11 100 Amp, Sinole Phase $0,0178 $15,66 B B 81.52,12 100 Amp, Three Phase $0,0277 $24.44 B B 8,1,6 Inspector Labor, per Half Hour 81,61 1 Reqular Hours Rate $28,25 B 816,2 IAfter Hours Rate, minimum 3 Hours $37,88 B 8,1,7 Channel Reqeneration 8,1,7,1 DS1 $0,00 $0,00 6 6 8,1,7,2 IDS3 $0,00 $0,00 6 6 8,1,8 Collocation Terminations 81,81 Shared Access 81,8,1,1 DSO 8,18,1,1,1 Cable Placement, per 100 Pair Block $0,2262 $208,61 B B 8,18,1,12 Cable Placement, per Termination $0,0090 $4,12 B B818,11,3 Cable, per 100 Pair Block $0,3304 $304,71 B B 8,1,8,1,1.4 Cable, per Termination $0,0066 $4,50 B B 8,18,1,1,5 Blocks, oer 100 Pair Block $0,5730 $528.42 B B 8,18,116 Blocks, per Termination $0,0115 $8,62 B B 8,1,8,1,1.Block Placement, per 100 Pair Block $02381 $219,55 B B 8,18,1,1,8 Block Placement, per Termination $0,0048 $3,69 B B 81,8,1,2 DS1 818,121 Cable Placement, per 28 DS 1 s $0.4111 $362,14 B B 818,122 Cable Placement, oer Termination $0,0442 $38,94 B B 8,1,8,1,2,3 Cable, oer 28 DS1s $0,3993 $351,74 B B 818,12.4 Cable, per Termination $0,0429 $37,82 B B 818,1,2.5 Panel, per 28 DS1s $0,2742 $241,59 B B818,126 Panel, per Termination $0,0330 $29,04 B B 8,1,8,1,2,7 Panel Placement. per 28 DS 1 s $0,0847 $74,58 B B 81,8,1,2,8 Panel Placement, oer Termination $0,0091 $8,02 B B 818.13 DS3 - 818,131 Cable Placement, per Termination $0,1521 $134,00 B B818,132 Cable, per Termination $02578 $227,14 B B 8,1,8,1,3,3 Panel! Connector, per Termination $0,2625 $231,21 'B B 81813.4 Panel f Connector Placement, per Termination $0,0204 $18,01 B B 8,1,8,1.4 Fiber 8,1,8,1.4,1 Terminations, oer 12 Fibers $2624 $1,513,88 B B 818,1.42 Additional Connector, if Applicable $0.47 $411,65 B B 818,1.43 Cable Rackinq, Shared, per 12 Fibers $2647 B 8,1,8,1.4.4 Cable Rackinq, Dedicated $1,63 $1,433,96 B B 8,1,9 Security Charqes 8,1,9,1 IPer Employee, per Card $0,86 B 8,19,2 ICard Access, per Employee, per Central Offce $7,00 B8,1.0 Composite Clock f Central Offce Synchronization 8,1101 Synchronization - Composite Clock, per Port $7.44 B 8,1,11 Intentionally Left Blank 81,12 Space Availability Report Charqe $313,63 B 81,13 Collocation Space Reservation Fee Charge will be 25% 01 Nonrecurring Fee 8,1,14 Collocation Space Option Administration Fee $1,107,35 B81.5 Collocation Space Option Fee, per Square Foot $2,00 B81.6 Joint Inventorv Visit Fee, oer Visit $1,610,12 12 8,1,17 Intentionallv Left Blank 81.8 Intentionally Left Blank 8,1,19 Intentionally Left Blank 81.0 Splitter Collocation 8,120,1 TIE Cable Reclassification ICB 38,1202 Splitter Shelf Chame $4,15 $503,72 1 1 8,120,3 Enqineerinq $1,079,85 B 8,120.4 Splitter TIE Cable Connections 8,1,20,4,1 Splitter in the Common Area - Data to 410 Block $3,05 $2,689,07 B B 8,1,20.42 Splitter in the Common Area - Data Direct to CLEC $324 $2,850,97 B B 8,1,20:4,3 Solitter on the IDF - Data to 410 Block $0,95 $834,92 B B 8,1,20.4.4 Splitter on the IDF - Data Direct to CLEC $1.8 $1,623.47 B B 8,120.4,5 Splitter on the MDF - Data to 410 Block $0,98 $861,91 B B 8,120.4,6 Splitter on the MDF - Data Direct to CLEC $2,18 $1,922.42 B B 8,1.20,5 Sptitter Charqe ICB 3 8,2 Virtual Collocation 82,1 Planninq and Enqineerinq 82,1,1 Quote Preparation Fee $3,146.41 B,7822Maintenance Labor, per Half Hour Effective 4-01-08 (coma)Page 3 of 12 XO Communications Exhibit A Idaho 8.2,2,2 IAfter Hours Rate $39,00 B 8.2,3 Traininq Labor, per Half Hour 8,23,1 Reaular Hours Rate $29,01 B 8.2.4 Bav Space 8,2.4,1 Equipment Bay, per Shelf $4,17 B 8.2.4,2 Virtual Space Constructian, Initial Bav Provided $20,15 $17,749,07 B B 8.2.4,3 Each Additianal Bav Space $3,24 $2,854,33 B B 8.2.4.4 Virtual Cable Racking, per Shell $0.44 $384,59 B B 8,2,5 Enaineerino Labor, per Half Hour 8,25,1 IRegular Hours Rate $32,94 B 8,2,5,2 IAfter Hours Rate $43,31 B 8.2,6 Installation Labor, per Half Hour 8,2,6,1 Reaular Hours Rate $31,77 B 8,2,6,2 IAfter Hours Rate $41,32 B 8,27 Rent 8,2,7,1 IFloor Space Lease, per Square Foot $2,70 B 8,2,7.2 I Rent, per Shelf $4,05 B 8.28 Intentionallv Left Blank 8.29 -48 Volt DC Power Cable, per Cable 8,29,1 20 Amp Power Feed $4,52 $3,985.41 B B 8,2,9,2 30 Amp Power Feed $5,15 $4,537,67 B B 8,293 40 Amp Power Feed $6,22 $5,480.42 B B 8,2,9.4 60 Amp Power Feed $11,02 $9,706,03 B B 8,2,95 100 Amp Pawer Feed $18,58 $16,370,51 B B 8,2,96 200 Amp Power Feed $34,59 $30,473,53 B B 8,2,9,7 300 Amp Power Feed $54,39 $47,917,87 B B 8,2,9,8 400 Amp Power Feed . $7723 $68,037,02 B B 8.3 Caaeless Phvsical Collocation 8,3,1 Plannina and Enaineerina 8,3,1.IOuote Preparation Fee $3,146.41 B,7 8,3,2 Space Construction and Site Preparation 8,3,2,1 Site Preparation Fee ICB 3 8,3,2,2 Space Construction for 2 Bavs $23,39 $20,603.40 B B 8,3,2,3 Intentionallv Left Blank - 8,3,2.4 Intentionallv Left Blank 83,25 Each Additional Bay $3.24 $2,854,33 B B 83,2,6 Adjustment to use a Sinqle Bay - Chanqe to Standard Desiqn ($324 ($2;854,33 B B 83,27 -48 Volt DC Power Cable. per Feed 8,3,2,7,1 20 Amp Power Feed $4,52 $3.985.41 B B 8327,2 30 Amp Power Feed $5,15 $4,537,67 B B 8,3,2,7,3 40 Amo Power Feed $6.22 $5,480.42 B B 8,3,2,7.4 60 Amp Power Feed $11.02 $9,70603 B B 8,3275 100 Amp Power Feed $18,58 $16,370,51 B B .8,3,2,7,6 200 Amp Power Feed $34,59 $30,473,53 B B 832,7,7 300 Amp Power Feed $54,39 $47,917,87 B B 8,3278 400 Amp Power Feed $77.23 $68,037,02 B B 8,3.2,8 Intentionallv Left Blank 8,32,9 Caaeless Bav Fees 832,91 I Bay, per Bay $2042,23 1 8,3,2,9.2 12,5 Inch Spacer Fee, per Spacer $269,64 1 832,93 15 Inch Spacer Fee, per Spacer $283,32 1 8,33 Floor Space Lease, per Square Foot $2,70 B 8.4 Caaed Ph sical Collocation 8.4,1 Planning and Engineerinq 8.4,1,1 IOuote Preparation Fee $3,185,58 B,7 8.42 Space Construction and Site Preparation 8.42,1 Site Preparation Fee ICB 3 8.4,2,2 Intentionally Left Blank 8.4,23 Intentionally Left Blank 8.42.4 Space Construction 8.4.2.41 Caqe:UP to 100 Sq. Ft.$38,51 $33,92776 B B 8,4,2.4.2 Caqe:101 to 200 Sa, Ft.$34,18 $30,113:98 B B 8.4,2.4,3 Caqe:201 to 300 Sq. Ft.$42,18 $37,154,11 B B 8.4,2.4.4 Caqe: 301 to 400 Sq, Ft.$44,18 $38,922,82 B B 8.4,2,5 Intentionallv Left Blank 8.4.2,6 -48 Volt DC Power Cable, per Feed 8.4,2,6,1 20 Amp Power Feed $5,62 $4,954,85 B B 8.4,2,6,2 30 Amp Power Feed $6,20 $5,457,64 B B 8.4,2,6,3 40 Amp Power Feed $7.41 $6,526,00 B B 8.4,2,6.4 60 Amp Power Feed $12,23 $10,772,79 B B 8.4,2,6,5 100 Amp Power Feed $19,90 $17,531.29 B B 8.4.2,6,6 200 Amp Power Feed $37,04 $32,634,30 B B 8.4.2,6,7 300 Amp Power Feed $58,25 $51,315,56 B B 8.42,6,8 400 Amp Power Feed $82,71 $72,861.29 B B 8.4,3 Space Construction- Fencinq Credit 8.43,1 Caoe: Up to 100 Sq, Ft.$10,07 ($5,723,12 B B Effective 4-01-08 (coma)Page 4 of 12 XO Communications Exhibit A Idaho 8.4,3,3 Caae: 201 to 300 Sq. Ft.($14.47 $8,015,26 B B 8.4,3.4 Cage: 301 to 400 Sq. Ft ($16,15 ($8,851,38 B B 8.4.4 Floor Space Lease, per Square Foot $2,70 B 8.4,5 Intentianaiiv Left Blank 8.4,6 Intentionallv Left Blank 8.4,7 Intentionallv Left Blank 8.4,8 Groundina 8.4,8,1 2 I 0 AWG, per Foot $0,0097 $8,52 B B 8.4,8,2 1 10 AWG, per Foot $0,0170 $14,99 B B 8.4,8,3 4 I 0 AWG, per Foot $0,0200 . $17,64 B B 8.48.4 350 kcmil, per Foot $0,0258 $22,77 B B 8.4,8,5 500 kcmil, per Foot $0,0299 $26,35 B B 8.4,8,6 750 kcmil, per Foot $0,0456 $40,17 B B I 8,51Adiacent Collocation and Adacent Remote Collocation ICB 3 8,6 Remote Collocation .8,61 Phvsical & Virtual Remote Collocation 8,6,1,1 Space, per Standard Mountinq Unit $0,57 $665.47 B B 8,61.2 FDI Terminations, per 25 Pair $0,35 $484,90 B B 8,6,1,3 Power Usaae see rates in 8,1.4,2 8,6,1,3,1 ILess Than or Equai To 60 Amps, per Amp Ordered $2.4 15 86,1,3,2 ¡Greater Than 60 Amps, per Amp Ordered or Used $4,93 15 86,1.4 Quote Preparation Fee $1,064,52 B 8,6,2 Intentionallv Left Blank 8,6,3 Additional Virtual Remote Terminai Features 86,3,1 Flat Charoe, per Job $36,16 B 8,6,3,2 Enaineerino, oer Hall Hour $35,65 B 8,6,3,3 Maintenance, per Half Hour $29.40 B 8,6,3.4 Installation, per Half Hour $29.40 B 8,6,3,5 Trainina, per Half Hour $29.40 B 8,7 CLEC-to-CLEC 8,7,1 Desian Enaineerina & Installation - No Cables 8,71,1 I Fiber Flat Charge $1,229,81 B 8,7,1,2 I Flat Charqe $634,76 B 8,7.2 Cable Rackinq 8,72,1 DSO, per Foot, per Cable $0,11848 B 8,7.2,2 OS 1 , per Foot, oer Cable $0,13075 B 87,23 DS3, oer Foot, oer Cable $0,10234 B 8,7.2.4 Fiber, oer Foot, per Fiber $0,93313 B 87,3 Virtual Connections (if Applicable - Connections Onlv: No Cables) 87,3,1 DSO, per 100 Connections $194,39 B 8,7,3,2 OS 1, per 28 Connections $91,54 B 8,7,3,3 DS3, per 1 Connection $5,90 B 8,7,3.4 Fiber Connections, oer Fiber Soliced (see rates lrom 8,1,3,2)$37,15 15 87.4 Cable Hole, if Apolicable $386,89 B 8,7,5 CLEC-to-CLEC Cross-Connection $201,36 B 8,8 Interconnection Distribution Frame lICDFI Collocation 8,8,1 Quote Preparation Fee (see rate in 8,1,1,2 $1,284,30 15 8,8,2 DSO Circuit, per 200 Leas $17,80 $2,171,94 12 12 8,8,3 DS1 Circuit, oer Two Leas $0,91 $71,59 12 12 8,8.4 DS3 Circuit, per Two Leqs $8,91 $1,182,27 12 12 885 Fiber Circuit, per Two Leas $2.25 $236,98 12 12 8.9 Collocation Cancellation QPF, Prorated Job Costs 8,9,1 Additional Labot Other, per Half Hour or fraction thereof (see rates in 9.20) 8,9,1.IAdditional Labor - Basic $27,70 15 8,9,1.2 IAdditional Labor - Overtime $36,98 15 8,9,1,3 IAdditional Labor - Premium $46,29 15 8,9.2 Additional Dispatch, per Reauest (see rate in 9,20)$87,98 15 I 8.10lMicrowave Entrance Facilitv ICB ICB 3 3 I 8.11 IIntentionallv Left Blank . 8.12 Facilty Connected (FC) Collocation 8,12,1 Quote Preparation Fee, per Reauest ICB 3 8,12.2 Enaineerina Fee. oer Job ICB 3 8,123 Copoer Entrance Faciliv. oer 100Pair ICB ICB 3 3 8,12.4 Fiber Entrance Facility, per 12 Strands (see rates in 8,1,2,1)$5.4 $616,32 15 15 8,12,5 Termination Block with Gas Protectors, per 100 Pairs ICB ICB 3 3 8,12,6 Termination Panel, per 12 Strands ICB ICB 3 3 8,12,7 DS1 Voltaqe Isolation, oer DS1 ICB ICB 3 3 Effective 4-01-08 (coma)Page 5 of 12 XO Communications Exhibit A Idaho 8.13 DC Power Reduction and Restoration , 8,13,1 Power Reduction 8,131,1 Quote Preparation Fee, per Offce $703,70 B 8,13,1,2 Power Reduction, with or without Reservation,per Feed Set 8,13,1,2,1 Less Than 60 Amps $494.45 B 8131.2,2 Eaual To 60 Amos $706,91 B 8,13,1,2,3 Greater Than 60 Amps $895,31 B 8,13,1.Power Off, per Feed Set, per Secondary Feed $621,09 B 8131.4 Power Maintenance Charae (Reservation Charae), per Fuse Set $64,59 B 81315 Location Chanae from Power Board to BDFB ICB 3 8,13,2 Power Restoration 8,13.2.1 Quote Preparation Fee, per Offce $703,70 B 813,22 Power Restoration, applies to Primary & Secondarv Feed 8,13,2,2,1 Power Restoration with Reservation 813.2.2,1,1 ¡ Less Than 60 Amps $494.45 12 8,13.2,2,1,2 I Eaual To 60 Amps $706,91 12 8,13.2,2,1,3 ¡Greater Than 60 Amps $895,31 12 8,132,2,2 Power Restoration without Reservation ICB 12 8,132,3 Location Chanqe from Power Board to BDFB ICB 3 8,14 Collocation Transfer of Resoonsibilitv 8,14,1 Intentionallv Left Blank 8,14,2 Assessment Fee, per Request $1,036,00 B 8,14,3 Network System Administration Fee, per Request $1,586,00 B 8,14.4 Transfer of Responsibilitv applies to Wireline & Wireless Local Interconnection Trunks, UDIT,$32,80 12 8,14,5 Transfer of Resoonsibilitv applies to Unbundled Loop, Sublooo, Looo Solitlna, Loop Mux Combo,$32,80 12 8,15 Collocation Available Inventorv 8,15,1 Standard Sites 8,15,1,1 Removal of Terminations 8,15,111 DSO, per 100 Terminations ICB 3 8,15112 DS1, per Termination ICB 3 8,1511,3 DS3, oer Termination ICB 3 815,1,1.4 OCN, per 12 Fibers ICB 3 8152 Special Sites 8.15.2,1 ISpecial Site Assessment Fee -$1,051,23 12 815.2,2 I Network Systems Assessment Fee $1,652,38 12 8152,3 ISite Survev Fee $163,65 12 8,15,3 Re-usable Elements ICB 3 815.4 Quote Preparation Fee (QPF) 8,15.4,1 ICageless (see rate in 8,3,1,1)$3,146.41 14 8,15.4,2 ICaged (see rate in 8.4,1,1)$3,185,58 14 8,16 Collocation Decommissionina (see rates in 9.20) 816,1 Additional Labor other, oer Half Hour or fraction thereof 816,11 IAdditional Labor Other - Basic $27,70 ,15 816,12 IAdditional Labor Other - Overtime $36,98 15 8,16,1,3 IAdditional Labor Other - Premium $46,29 15 8,16,2 Additional Dispatch, per Order $87,98 15 I 8,17IJoint Testina I 1817,1 ¡Set-Up Fee see rate in 8,2,2,1 with" one hour minimum)$58,02 15 I 18,17,2 ITest Time Fee, oer Half Hour (see rate in 8,2,2,1)$29,01 15 9.0lUnbundled Network Elements (UNEs) 9.1 Interconnection Tie Pairs ITP) - Per Termination 9,1,1 DSO $0,38 B 9,1.2 IDS1 $1,24 B 91,3 IDS3 $14,76 B 9.2 Unbundled LOODS 9,2,1 Analoa Loops See 9.2.4 9,211 2-Wire Voice Grade Loop 9,2,1,1,1 IZone 1 $15,65 ## 9.2,1,1,2 IZone 2 $23,76 ## 9,2,1,1,3 IZone 3 $40,50 ## 9.2,1.2 Intentionallv Left Blank 9,2,1,3 4-Wire Voice Grade Looo 9,2,1,3,1 IZone 1 $30,70 ## 9.2,1,3.2 ¡Zone 2 $46,63 ## 9,2,1,3,3 IZone 3 $79.47 ## 9,2.2 Nonloaded LOaDS See 9.2.4 9.2.2,1 2-Wire Nonloaded Loop 9.2,2,1.¡Zone 1 $15,65 ## 9.2,2,1.2 ¡Zone 2 $23,76 ## 9.2,2,1,3 ¡Zone 3 $40,50 ## 9,2.2,2 Intentionallv Left Blank 9,2.2,3 4-Wire Nonloaded Loop Effective 4-01-08 (coma)Page 6 of 12 XO Communications Exhibit A Idaho 92,2,3,2 IZone 2 $46,63 ## 9,2,2,3,3 IZone 3 $79.4 ## 9.2,2.4 Loop Unloadina $9,00 A, 8 9,2.2,5 Loop Conditionina $22,00 A,8 9.2,3 Diaital Capable Loops 9.231 Basic Rate ISDN / xDSL-1 Capable See 9.2.4 92,3,11 IZone 1 $15,65 ## 9,2,3,1,2 IZone 2 $23,76 ## 923,13 Zone 3 $40,50 ## 9232 Intentionallv Lei! Blank 9,2,3,3 DS1 Capable Loop See 9.25 9,2,3,3,1 IZone 1 $86.48 ## 9,2,3,3.2 IZone 2 $86.46 ## 9,2,3,3,3 Zone 3 $99,96 ## 9.2,3.4 DS3 Caoable Looo See 9.2,6 9,2,3.41 IZone 1 $941,95 ## 9,2,3.4,2 ¡Zone 2 $955,04 ## 9,23.43 IZone 3 $1,264,56 ## 9.2,3,5 Intentionallv Left Blank 9.23,6 2-Wire Extension Technoloav $22,00 A 9.2.4 Loop Installation Charges lor 2 & 4-Wire Analog / Nonloaded, ISDN BRI Capable and xDSL - I See 9,2,1 & Capable Loops where conditionina is not required,9.2.2 9.2.4,1 Basic Installation 9,2.4,1,1 IFirst $11.03 A 9,2.4,1.2 lEach Additional $6,07 A 9.2.4,2 Basic Installation with Performance Testina 9,2.4.2,1 First $17,72 A 92.4,2.2 i Each Additional $8,99 A 92.43 Coordinated Installation with Cooperative Testina / Proiect Coordinated Installation 92.4,3,1 IFirst $17187 # 9,2.4,3,2 I Each Additional $94,09 # 9,2.4.4 Coordinated Installation without Cooperative Testinq / Proiect Coordinated Installation 9,2.4.4,1 IFirst $59,81 # 92.4.4.2 I Each Additional $53,32 # 9.2.45 Basic Installation with Cooperative Testina 9,2.451 IFirst $142,10 # 9,2.45.2 I Each Additional $94,09 # 9.2,5 OS 1 Loop Installation Charaes See 9,2,3,3 9.25,1 Basic Installation 9,2,5,1,1 IFirst $128,71 B 9,251.2 i Each Additional $99,73 B 9,252 Basic Installation with Performance Testinq 92,52,1 IFirst $279,37 B 9,2,5,2.2 i Each Additional $212,57 B 9.2,53 Coordinated Installation with Coooerative Testina / Project Coordinated Installation 9,2,5,3,1 IFirst $316,94 B 9253.2 i Each Additional $222.40 B 9.2,5.4 Coordinated Installation without Cooperative Testina / Proiect Coordinated Installation 9,2,5.4,1 IFirst $135,78 B 9,2.5.4,2 lEach Additional $106.79 B 9,2.5,5 Basic Installation with Coooerative Testing 92551 IFirst $27224 B 9,2.55,2 i Each Additional $195,68 B 9.2,6 DS3 Loop Installation Charaes See 9,2,3.4 9,2.6,1 Basic Installation 9,2,6,1,1 IFirst $128,71 B 9,2.6.1.2 ¡ Each Additional $99,73 B 9.2,6,2 Basic Installation with Performance Testing 9,2,6.2,1 IFirst $279,37 B 9,2,6.2,2 i Each Additional $212,57 B 9.2,6,3 Coordinated Installation with Cooperative Testino / Proiect Coordinated Installation 9,2,6,3,1 IFirst $316,94 B 9,263,2 i Each Additional $222.40 B 9.2,6.4 Coordinated tnstallation without Cooperative T estinq / Proiect Coordinated Installation 9,2,6.4,1 IFirst $135.78 B 9.2,6.4.2 lEach Additional $106.79 B 9.2,6,5 Basic Installation with Cooperative Testina 9,2,6,5,1 IFirst $27224 B 9,2,6,5.2 I Each Additional $195,68 B 9,2,7 Intentionallv Left Blank 9.28 Private Line / Special Access to Unbundled Loop Conversion (as is)$34,50 B 9.3 Sublooo 9,3,1 2-Wire Analog and Nonloaded Distribution Loop 9,3,1,1 First $107,92 1 9,31.2 Each Additional $29,62 1 9,3,1,3 First & Each Additional 2-Wire Distribution LOOD 9,3,1,3,1 IZone 1 $11,00 ## Effective 4-01-08 (coma)Page 7 01 12 XO Communications Exhibit A Idaho 19,3,1,3,3 Zone 3 $27,57 1 9,32 Intentionallv Left Blank 9,33 Intra-Buildin Cable Loop, per Pair $0,70 1.9,33,1 No Dispatch, First $51,97 1 9,33,2 No Dispatch, Each Additional $21.32 1 9,3,3,3 Dispatch, First $98,14 1 9,3,3.4 Dispatch, Each Additional $31,62 1 9,3.4 Intentionallv Left Blank 935 MTE Terminal Subloop Access 9,351 ISubloop MTE - POi Site Inventorv, oer Request.$110.46 1 9,3,5,2 IMTE - POi Rearrangement 01 Facilities ICB 3 9,35,3 IMTE - POi Construction of New SPOI ICB 3 93,6 Intentionally Left Blank 9,3,7 Field Connection Point (FCP) 9,3,7,1 Feasibilitv Fee I Quote Preoaration Fee $1,197,07 1 9,37,2 FCP Set-Up, per Request $3,291,11 12 9,3,7,3 FCP Splicing, per 25 Pairs $13,88 12 9,3,7.4 FCP Reclassification $46326 1 9.4 Shared Services 9.4,1 Intentionallv Left Blank 9.4,2 Intentionallv Left Blank 9.4,3 Loop Splitting 9.4,3,1 IBasic Installation Charqe for Loop Splittinq $33.79 1 9.4.4 OSS, per Line, per Month $3,23 1 9.5 Network Intenace Device NIDI $0,51 $52,76 A,10 B 9.6 Unbundled Dedicated Interoffice Transport (UDIT) 9,6,1 DSO UDIT Recurrinq Fixed & per Mile)$241,74 B 9,6,1,1 Over ° to 8 Miles $24,67 $0,29 B B 9,6,1.2 Over 8 to 25 Miles $24,69 $023 B B 9,6,1,3 Over 25 to 50 Miles .$24,86 $0,15 B B 9,6,1.4 Over 50 Miles $24,69 $0,05 B B 9,62 DS1 UDIT Recurring Fixed & per Mile)$284,52 B 9,6,2,1 Over ° 10 8 Miles $36.43 $320 B B 9,6,2,2 Over 8 10 25 Miles $37,26 $3,19 B B 9,6,2,3 Over 25 to 50 Miles $39,12 $181 B B 9,62.4 Over 50 Miles $37,77 $0,78 B B 9,6,3 DS3 UDIT Recurrino Fixed & per Mile)$284,52 B 9,6,3,1 Over 0 to 8 Miles $238,61 $54,07 B B 9,6,3,2 Over 8 to 25 Miles $242,03 $16,78 B B 9,6,3,3 Over 25 to 50 Miles $223,90 $21,34 B B 9,63.4 Over 50 Miles $235,64 $14,83 B B 9,6.4 Intentionallv Left Blank 9,6.5 Intentionallv Left Blank 9,6,6 Intentionallv Left Blank 9,6,7 UDIT DSO Channel Performance 9,6,7,1 IDSO UDIT Low Side Channelization $13,10 B 9,6,8 Intentionally Left Blank 9,6,9 Intentionallv Left Blank 9,6,10 Intentionallv Left Blank 9,6,11 UDIT Rearranoement 9,611.DSO, Sinqle Offce $164.40 B 9,6,11,2 DSO, Dual Offce $206.79 B 9,6,11,3 Hiqh Capacitv, Sinqle Office $221,94 B 9,6,11.4 Hiqh Caoacitv, Dual Offce $249,30 B 96,12 Private Line I Special Access to UDIT Conversion (as is)$131,19 12 9.7 Unbundlèd Dark Fiber (UDF) 97,1 Initial Records Inquirv (IRI) 97,1,1 ISimple .$196,02 B 9,7,1,2 IComplex $251,07 B 9,72 Field Verification and Quote Preparation (FVQP)$907,28 B 9,7,3 Engineering Verification .$297,03 B 9,7.4 UDF - Single Strand 9,7.4,1 UDF - Interoffice Facilitv (UDF-IOF - Sinqle Strand 9,7.4,1,1 Order Charoe, oer First Strand I Route I Order $492,60 B 9,7.4,1.2 Order Charge, Each Additional Strand I Route I Order $255,66 B 9,7.4,1.3 Fiber Transport, per Strand I Mile $50,87 9 9,7.4,1.4 Termination, Fixed, per Strand I Offce ¡Termination $4,80 B 9,7.4,1,5 Fiber Cross-Connect Minimum of 2 Cross-Connects aoolv), oer $2,39 $19,38 B B 9,7,5 UDF - per Pair 9,7,5,1 UDF - Interoffce Facility (UDF-IOF) - per Pair 97,5,1,1 Order Charge, per First Pair I Route I Order $492,60 B 9,7,5,12 Order Charqe, Each Additional Pair I Route I Order $255,66 B 9,7,5,1.Fiber Transport, oer Pair I Mile $66,15 B 9,7,5,1.4 Termination, Fixed, per Pair I Offce I Termination $7,31 B Effective 4-01-08 (coma)Page 8 of 12 XO Communications Exhibit A Idaho 9,7,6 I Dark Fiber Splice $602,60 B I 9,7,7 I UDF MTE Subloop ICB ICB 3 3 9,8 Intentionallv Left Blank 9,9 Intentionallv Left Blank 9.10 Intentionallv Left Blank 9.11 Intentionallv Left Blank I 9,12 Intentionallv Left Blank I 9,13 Intentionallv Left Blank 9.14 Intentionallv Left Blank I 9.15 Intentionallv Left Blank I 9,16 Intentionallv Left Blank 1 9,17 Intentionallv Left Blank 1 9,18 Intentionallv Left Blank 9.19 Construction Charoes 9,19,1 CLEC Requested UNE Construction (CRUNEC) - applies to Unbundled Dark Fiber, Unbundled 9,19,1,1 I Records Quote Preparation Fee $347.46 12 9,19,1.2 I Construction Quote Preparation Fee $863.43 12 9,19,2 Construction of Network Capacitv, Facilities or Soace for Access to or use of UNEs ICB ICB 3 3 9.20 Miscellaneous Charaes 9,20,1 Additional Enqineerinq, per Half Hour or fraction thereof 9,20,1.IAdditional Enqineerinq - Basic $31.74 B 9,20,1,2 IAdditional Enqineerina - Overtime -$39,61 B 9.20.2 Additional Labor Installation, per Half Hour or fraction thereof 9,20.2,1 IAdditional Labor Installation - Overtime $9,02 B 9,20,2.2 IAdditional Labor Installation - Premium $18,05 B 9,20,3 Additional Labor Other, per Half Hour or fraction thereof . 9,20,3,1 IAdditional Labor Other - (Optional Testina) Basic $27,70 B 9.20,3,2 IAdditional Labor Other - (Optional Testina Overtime $36,98 B 9,20,3,3 IAdditional Labor Other - Optional Testino Premium $46,29 B 9,20.4 Intentionallv Left Blank . 9.205 Intentionallv Left Blank 9,20,6 Additional Coooerative Acceptance Testinq, per Half Hour or fraction thereof 9,20,6,1 IAdditional Cooperative Acceptance Testina " Basic $29.40 B 9,20,6.2 IAdditional Cooperative Acceptance Testina - Overtime $39,28 B 9,20,6,3 IAdditional Cooperative Acceptance Testina - Premium '$49,16 B 9.207 Nonscheduled Cooperative Testina, oer Half Hour or fraction thereof 9,20,7,1 INonscheduled Cooperative Testinq - Basic $29.40 B 9,20,7.2 I Nonscheduled Cooperative Testina - Overtime $39,28 B 9,20,7,3 INonscheduled Cooperative Testina - Premium $49,09 B 9.20,8 Nonscheduled Manual Testina, per Half Hour or fraction Ihereof 9,20,8,1 INonscheduled Manual Testino - Basic $29.40 B 9,20,8.2 INonscheduled Manual Testinq - Overtime $39,28 B 9,20,8,3 INonscheduled Manual Testina - Premium $49,16 B 9.20,9 Intentionallv Left Blank 9.20,10 Intentionally Left Blank 9.20,11 Additional Dispatch, per Order $87,98 B 9.20,12 Intentionallv Left Blank 9.20,13 Desion Chanoe, oer Order $73,99 B 9.20,14 Exoedite Charqe, per Day Advanced (see rates in Qwest s Tariff FCC No,1 Section 5)$200,00 11 9.20,15 Cancellation Charae ICB 3 9.20,16 Maintenance of Service, per Half Hour or fraction thereof . 9.20,16,1 IMaintenance of Service - Basic $28,86 B 9.20,16,2 IMaintenance of Service - Overtime $36,98 B 9,20,16,3 IMaintenance of Service - Premium $46,29 B 9.20,17 Intentionally Left Blank 1 9.21lChannel Reaeneration 1 19,21.ID81 $0,00 $0,00 6 6 i 19,21,2 ID83 $0,00 $0,00 6 6 1 9.221lntentionallv Left Blank 1 9,231uNE Combinations I 19,23,1 Iintentionaliv Left Blank I 19,23,2 IEnhanced Extended Loop (EEi) Effective 4-01-08 (coma)Page 9 of 12 XO.Communications Exhibit A Idaho 9,23,2,1 EEL Loop, DSO 2-Wire Analoq 9,23,2,1,1 EEL 2-Wire Loop Installation 923,2,1,1,1 IFirst $245,11 1 9,232,112 I Each Additional $182,97 1 923,2,1,2 2-Wire Analoq Loop (see rates in 92,1,1) 9,23,2,1,2,1 IZone 1 $15,65 15 9232,1,2,2 IZone 2 $23,76 15 9232,1,2,3 IZone 3 $40,50 15 923,2,2 EEL Loop, DSO 4-Wire Analoq 9,23,2,2,1 EEL 4-Wire Loop Installation 9,23,22,1,1 I First $245,11 1 9,23,22,1,2 I Each Additional $182,97 1 9,23.22.2 4-Wire Analoq Looo (see rates in 9,2,1,3 9,23,2,2,2,1 IZone 1 $30,70 15 9,23,2,2,2,2 IZone 2 $46,63 15 9,23,2,2,2,3 IZone 3 $79.4 15 9,23,2,3 EEL Loop, DS1 9,23,2,3,1 EEL DS 1 Loop Installation 9232,3,1,1 IFirst $300.49 1 9.232,3,1.2 I Each Additional $225,39 1 9,23,2,3,2 DS1 Capable LoaD (see rates in 92,3,3) 9.23,23.21 IZone 1 $86.48 15 9,23.23.22 IZone 2 $86.46 15 9,23,2,3.2,3 Zone 3 $99,96 15 9,23,2.4 EEL Looo, DS3 9,23.2.4,1 EEL DS3 Loop Installation 9.23,2.4,1,1 IFirst $323,61 1 9232.4,1.2 lEach Additional $248,51 1 923,2.4,2 DS3 Caoable Looo see rates in 9,2,3.4 9.23.2.42,1 Zone 1 $941,95 15 9,232.4,2,2 Zone 2 $955,04 15 9,23.2.4,2,3 IZone 3 $1,264,56 15 923.2,5 Private Line I Special Access to EEL Conversion (as is)$34,50 B 9,23.2,6 EEL Rearranqement 9.23,26,1 IDSO $130,83 12 9,23,2,6.2 i Hiqh Capacitv $148,50 12 9,23,2,7 EEL Transoort 9,23,2,7,1'DSO (Recurrinq Fixed & per Mile) (see rates in 9,6,1) 9232,71,1 Over ° to 8 Miles $24,67 $0,29 15 15 9,232,7,1,2 Over 8 to 25 Miles $24,69 $0.23 15 15 9232,7,1,3 Over 25 to 50 Miles $24,86 $0,15 15 15 9,23,2,7,1.4 Over 50 Miles $24,69 $0,05 15 15 9.23,2,72 DS1 Recurrino Fixed & ner Mile i (see rates in 9,62 9,23,2,7,21 Over 0 to 8 Miles $36.43 $3,20 15 15 9,23,2,7,2,2 Over 8 to 25 Miles $37.26 $3,19 15 15 9,23.2,7.2,3 Over 25 to 50 Miles $39,12 $1,81 15 15 9,23,2,7,2.4 Over 50 Miles $37.7 $0,78 15 15 9,23,2,7,3 DS3 Recurrinq Fixed & per Mile i (see rates in 9,6,3 923,2,7,3,1 Over ° to 8 Miles $238,61 $54,07 15 15 923.2,73.2 Over 8 to 25 Miles $242,03 $16,78 15 15 923,2,7,3,3 Over 25 to 50 Miles $223,90 $21,34 15 15 9,232,73.4 Over 50 Miles $235,64 $14,83 15 15 9,23,2,8 EEL Multiplexinq 9,23,2,8,1 DS1 to DSO $263,86 $246,92 B 1 9,23,2,82 DS3 to DS1 $304,22 $246,92 B 1 923,29 EEL DSO Channel Performance 9,23,2,9,1 IDSO Low Side Channelization $13,10 B 9,23,2,9,2 IDS 1 / DSO Low Side Channelization $7.47 B 9,24 Intentionallv Left Blank 9.25 Loop Mux Combination ILMCl 925,1 Loop Mux, 2-Wire Analoo 925,1,1 LMC 2-Wire Installation 9.25,1,11 First $225,67 1 9.25,1,1,2 Each Additional $148,96 1 9,25,1.2 2-Wire Analoq Loop (see rates inm 9.2,1,1) 9,25,1,2,1 IZone 1 $15,65 15 9,25,1,2,2 IZone 2 $23,76 15 9,251,2,3 Zone 3 $40.50 15 9.25.2 Loop Mux, 4-Wire Analoo 9.25.2,1 LMC 4-Wire Installation 9.25.2,1,1 I First $225,67 1 9.25.2,1.2 lEach Additional $148,96 1 925.2,2 4-Wire Analöo Loop see rates fin 9,2,1,3 9,25,2,2,1 IZone 1 $30,70 15 9.25.2,2,2 IZone 2 $46,63 15 9,25,2.2,3 IZone 3 $79.47 15 9253 Loop Mux, DS 1 Effective 4-01-08 (coma)Page 10 of 12 XO Communications Exhibit A Idaho 9,25,3,1 LMC DS1 Loop Installation 9,25,3,1.IFirst $285,08 1 9,25,3,1.2 I Each Additional $209,98 1 9,25,3,2 DS1 CaDable LOOD see rates in 9,2,3,3) 9,25,3,2,1 IZone 1 $86.48 15 9,25,3,2.2 IZone 2 $86.46 15 9,25,3.2,3 IZone 3 $99,96 15 9,25.4 Private Line I SDecial Access to LMC Conversion as is $34,50 B 9.25,5 DSO Channel Penormance 9,25,51 DSO Low Side Channelization $13,10 B 9.25,5,2 DS 1 / DSO Low Side Channelization $7.47 B 9,25,6 LMC Rearranoement 9,25,6,1 DSO $130,83 12 9.2562 Hioh CaDacitv $148,50 12 10,0 Ancillary Services 10.1 Local Number Portabilitv 10,1,1 LNP Queries See FCC See FCC Tariff #1 Tariff #1 Section 13 &Section 13 & 20 20 10,1,2 LNP Manaoed Cuts 10,1.2,1 Standard Manaoed Cuts. per Person, per Half Hour $26,57 B 10,1.2,2 IOvertime Manaoed Cuts, Der Person, Der Half Hour $34,38 B 10,1.2,3 Premium Mana~ed Cuts, per Person, per Half Hour $42,21 B I 10.2911/ E911 I 10.2,1 1911 I E911 - Callino No Charoe No Charoe 10,3 White Pa es Directorv Listings, Facilty Based Providers 10,3,1 Primary Listin~No Char~e No Charae 1032 Premium / Privacy Listings General General Exchange Exchange Tariff Rate,Tarifi Rate, Less Less - Wholesale Wholesale Discount Discount 10,4 Directory Assistance, Facilitv Based Providers 10.4,1 Local Directory Assistance, per Call $0,34 2 10.4,2 National Directory Assistance, per Call $0,34 2 10.4,3 Intentionally Left Blank 10.4.4 Intentionally Left Blank 10.4,5 Call Completion, per Call $004 2 10.5 Directory Assistance List Information 10,5,1 Initial Database Load, Der Listino $0,025 B 10,5,2 Reload of Database, Der Listino $0,020 B 10,5,3 Dailv Updates, per Listin~$0.25 B 10,5.4 One-Time Set-Up Fee $73,29 B 10,5,5 Media Char~es for File Delivery 10,5,5,1 I Electronic Transmission $0,0020 B 10,6 Toll and Assistance Operator Services, Facility Based Providers 10,6,1 Operator Assistance, per Call $0,50 2 10,6.2 Busy Line Verify, per Call $On 2 10,63 Busy Line Interrupt $0.87 2 10,6.4 Call Brandino, Set-Up & Recordino $10,50000 2 106,5 LDadino Brand, per Switch $800,00 2 10.7 Access to Poles, Ducts, Conduits and Rieihts of Wav (ROW) 10,7,1 Pole Inquiry Fee, per Inquiry $341,63 1 10,7,2 Innerduct Inouiry Fee, Der Inquiry $233,51 1 10,7,3 ROW Inquiry Fee, Der Inquiry $378,87 1 107.4 ROW Document Preparation Fee $122,91 1 10,7,5 Field Verification Fee, per Pole $20.48 1 10,7,6 Field Verification Fee, per Manhole $190,89 1 10,7,7 Planner Verification, Der Manhole $16,52 1 10,7,8 Manhole Verification InsDector, Der Manhole $92,18 1 10,7,9 Manhole Make-Readv InsDector, Der Manhole $245,82 1 10,7,10 Transfer of Responsibiliy $106,86 1 10,7,11 Pole Attachment Fee, per Foot, per Year $2,77 B,4 10,7,12 Innerduct 10,7,12,1 i Microduct Occupancv Fee, per Microduct, oer Foot, Der Year $0,1861 12 10,7,12.2 IInnerduct Occupancy Fee, per Foot, per Year $0,31 B,4 10,713 Access A~reement Consideration $10,00 B 10,7,14 Make Ready ICB 3 Effective 4-01-08 (coma)Page 11 of 12 XO Communications Exhibit A Idaho $1.40 B $0,000419 B See 9,20 $1,851,86 B Unless otherwise indicated, all rates are ursuant to Idaho Public Uti lites Commission Dockets: A AT&T Arbitration Docket USW-T-96-15, Order No 27738, effective Se tember 17, 1998 B Cost Docket OWE-T-01-11 Order No, 29408 Janua 5,2004 rates effective Janua 5,2004, # Volunta Rate Reduction Docket USW-T-00-3, effective 6/10102, Reductions reflected in the 5/24/02 Exhibit A, ## Second Volunta Rate Reduction, Docket USW-T -00-3, effective 6/7/02, Reductions reflected in the 7/10102 Exhibit A ## Third Voluntar Rate Reduction Docket USW-T-00~3, effective 12/16/02, Reductions reflected in the 10/16/02 Exhibit A 1 TELRIC rates proposed in Cost Docket OWE-1-01-11 testimony iied on November 12, 2003, The case was bifurcated and the rates using this footnote are ro osed in Phase 2 of the cost docket 2 Market-based rates, 3 ICB, Individual Case Basis ricin 4 The State of Idaho has retained the oversi ht on these rates, These rates are not under the 'urisdiction of the FCC, 5 FCC ordered rates pursuant to the FCC's Order on Remand and Report and Order (Intercarrier Compensation for ISP-Bound Traffc) CC Docket 01-131 (FCC ISP Order, effective June 14,2001, 6 Effective August 1, 2003, Owest will no longer bil the recurring and nonrecurring charges for Channel Regeneration, Owest reserves the right to revert back to the contracutal rate onl after a ro riate notice is ¡ven. 7 The preliminary Ouote Preparation Fees (OPF) are included in the space construction charges, Upon completion of the collocation construction, the OPF will be credited to the final space construction charge for the virtual, cagedorcageless collocation job. These engineering and planning charges are also included in the Virtual Ca ed and Ca eless Ouote Pre aration Fees, 8 Eff, 11/04,Owest (0) will no longer perform Bridge Tap andlor Load Coil Removal to facilitate provisioning of its Retail DSL offering To permit CLECs to provision xDSL Capable Loops,O is noW re-instituting the charge to continue Conditioning for the 214-Wire UBL,ADSL Compatible UBL,ISDN (BRI) Capable UBL, xDSL-1 Capable UBL, Non-Commercial Line Sharing, Line Splfling,Non-Commercìal SDL & Loop Splitting, eff, 3/14/05,0 can t bill the RC rate structure,but will bill the lower of the two rates, 9 Qwest is voluntaril reducin this rate in order to kee rate relationshi with the Fiber Trans ort" er Pair" rate element. 10 Qwest has not im lemented this UNE rate or char e in its billn s stem but reserves the ri ht to assess such a char e in the future. 11 Market-based prices, All charges and increments shall be the same as the comparable charges and increments provided in Qwest FCC, Retail Tariffs, Catalogs, or Price Lists, 12 Rates not addressed in Cost Docket estimated TELRIC 13 The provision of transiting services is not required pursuant to Section 251 of the Telecommunications Act. Qwest has chosen to offer this service as part of its interconnection a reement but this service is not re uired to be riced accordin to a TELRIC methodolo Rate was ordered for a similar element and is beÎn used because the costs for this element are the same. Rate was reviousl ordered for this element in a different section of Exhibit A. Ne otiated Rate Effective 4-01-08 (coma)Page 12 of 12 Qwest. Spirit of Service Service Performance Indicator Definitions (PID) 14-State 271 PID Version 9.0 QWEST'S SERVICE PERFORMANCE INDICATOR DEFINITIONS (PID) 14-State 271 PID Version 9.0 Introduction Owest will report performance results for the service performance indicators defined herein. Owest 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 Owests 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 Owests 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 ápply state specific variations from the Performance Measure definitions and/or standards contained herein. Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page i Qwests Service Performance Indicator Definitions Table of Contents ELECTRONIC GATEWAY AVAILABILITY ...........................................................................1 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 ............. ...... ........................................ .......................4 GA-6 - Gateway Availability - GUI -- Repair.......................................................................5 GA-7 - Timely Outage Resolution following Software Releases .........................................6 PRE-ORDER/ORDER ..... ....................................................................................................... 7 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..................................... .,............................................................... .13 PO-5 - Firm Order Confirmations (FOCs) On Time ..........................................................14 PO-6 - Work Completion Notification Timeliness ......... ............ .......... .............. ........... ......17 PO-7 - Billng Completion Notification Timeliness ........................,...................................18 PO-8 - Jeopardy Notice Interval.... ...................................... ....... ....................... ....... ........20 PO-9 - Timely Jeopardy Notices.......................................................................................21 PO-15 - Number of Due Date Changes per Order...... .......................................... ........... .22 PO-16 - Timely Release Notifications ...........................................................................23 PO-19 ~ Stand-Alone Test Environment (SATE) Accuracy...............................................25 PO-20 (Expanded) - Manual Service Order Accuracy............. .............................. .......... .28 ORDERING AND PROVISIONING ......................................................................................34 OP-2 - Calls Answered within Twenty Seconds - Interconnect Provisioning Center........34 OP-3 -Installation Commitments Met...............................................................................35 OP-4 - Installation Interval..................................................................................,.............38 OP-5 - New Service Quality............................................................................................. .41 OP-6 - Delayed Days....................................................................................................... .46 OP-7 - Coordinated "Hot Cut" Interval - Unbundled Loop ................................................49 OP-8 - Number Portability Timeliness ....................................... ...................................... .50 OP-13 - Coordinated Cuts On Time - Unbundled Loop ...................................................5.1 OP-15 - Interval for Pending Orders Delayed Past Due Date...........................................53 OP-17 - Timeliness of Disconnects associated with LNP Orders.. ............................... ....56 MAINTENANCE AND REPAIR ...........................................................................................58 MR-2 - Calls Answered within 20 Seconds - Interconnect Repair Center........................58 MR-3 - Out of Service Cleared within 24 Hours................................................................59 MR-4 - All Troubles Cleared within 48 hours ....................................................................61 MR-5 - All Troubles Cleared within 4 hours.. ........ .................. ............................... ...........63 MR-6 - Mean Time to Restore ..........................................................................................65 MR-7 - Repair Repeat Report Rate ..................................................................................68 MR-8 - Trouble Rate.........................................................................................................71 MR-9 - Repair Appointments Met..................................................................................... 74 MR-10 - Customer and Non-Qwest Related Trouble Reports ..........................................75 MR-11 - LNP Trouble Reports Cleared within Specified Timeframes ..............................77 BILLING...............................................................................................................................79 BI-1 - Time to Provide Recorded Usage Records ............................................................79 Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page ii Table of Contents (continued) BI-2 - Invoices Delivered within 10 Days................................................ ......................... .80 BI-3 - Billing Accuracy - Adjustments for Errors ...............................................................81 BI-4 - Biling Completeness ................................................................. ............................ .82 DATABASE UPDATES .......................................................................................................83 DB-1 - Time to Update Databases....................................................................................83 DB-2 - Accurate Database Updates .................................................................................85 DIRECTORY ASSISTANCE ................................................................................................86 DA-1 - Speed of Answer - Directory Assistance ..............................................................86 OPERATOR SERVICES......................................................................................................87 OS-1 - Speed of Answer - Operator Services ..................................................................87 NETWORK PERFORMANCE..............................................................................................88 NI-1 - Trunk Blocking........................................................................................................88 NP-1 - NXX Code Activation..........................................................,..................................90 COLLOCATION ...................................................................................................................92 CP-1 - Collocation Completion Interval........................................,...,................................92 CP-2 - Collocations Completed within Scheduled Intervals ..............................................95 CP-3 - Collocation Feasibility Study Interval.....................................................................98 CP-4 - Collocation Feasibility Study Commitments Met ...................................................99 DEFINITION OF TERMS ...................................................................................................100 GLOSSARY OF ACRONYMS ...........................................................................................104 APPENDIX A .....................................................................................................................106 Feature Detail..................................................................................................................106 Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page iii Electronic Gateway Availability GA-1 - Gateway Availability - IMA-GUI Purpose: Evaluates the quality of GLEG access to the IMA-GUI electronic gateway and one associated system, focusinq on the extent they are actually available to GLEGs. Description: GA-1A: Measures the availability of the IMA-GUI (Interconnect Mediated Access- Graphical User Interface), and reports the percentage of Scheduled Availability Time the IMA-GUI interface is available for view and/or input..Scheduled Up Time hours for preorder, order, and provisioning transactions are based on the currently published hours of availability found on the following website: http://www.qwest.com/wholesale/cmp/ossHours.html. GA-1D: 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 Qwests 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) -i (Number of Hours and Minutes of Scheduled Availability Time During Reporting Period)) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 1 GA-2 - Gateway Availability -IMA-EDI Purpose: Evaluates the quality of GLEG access to the IMA-EDI electronic gateway, focusing on the extent the gateway is actually available to GLEGs. Description: Measures the availability of IMA-EDI (Interconnect Mediated Access - Electronic Data Interchange) interface and reports the percentage of scheduled availability time the IMA-EDllnterface is available for view and/or input. All times during which the interface is scheduled to be operating during the reporting period are measured..Scheduled Up Time hours for IMA-EDI based on the currently published hours of availability found on the following website: http://www.qwest.com/wholesale/cmp/ossHours.html. Time Gateway is Available to GLEGs is equal to Scheduled Availability Time minus Outage Time..Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communicated that the interface is not available due to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or component (i.e., IMA-EDI), affecting Qwests ability to serve its customers. An outage is determined by Qwest technicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event management systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: GLEG Disaggregation Reporting: Region-wide leveL. aqqreqate results (See GA-1D for reportinq of SIA system availability.) Formula: ((Number of Hours and Minutes Gateway is Available to GLEGs During Reporting Period) 7 (Number of Hours and Minutes of Scheduled Availability Time During Reporting Period) ) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 2 GA-3 - Gateway Availability - EB-TA 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.qwest.com/wholesale/cmp/ossHours.html..Time Gateway is Available to GLEGs is equal to Scheduled Availability Time minus Outage Time..Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time. .Scheduled Down Time is time identified and communicated that the interface is not available due to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or component (i.e., EB- TA), affecting Qwests ability to serve its customers. An outage is determined by Qvyest technicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event manaçiement 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) -7 (Number of Hours and Minutes of Scheduled Availability DuringReporting Period)) x 100 - Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 3 GA-4 - System Availability - EXACT Purpose: Evaluates the quality of CLEC batch access to the EXACT electronic access service request system, focusinq on the extent the system is actually available to CLECs. Description: Measures the availability of EXACT system and reports the percentage of scheduled availability time the EXACT system is available..Scheduled Up Time hours are based on the currently published hours of availability found on the following website: http://www,qwest.eorn/wholesale/emp/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 (i.e., EXACT), affecting Qwests ability to serve its customers. An outage is determined by Qwest technicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event manaqement systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate results Disaggregation Reporting: Region-wide leveL. Formula: ((Number of Hours and Minutes EXACT is Available to CLECs During Reporting Period) + (Number of Hours and Minutes of Scheduled Availability During Reporting Period)) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 4 GA.6 - Gateway Availability - GUI - Repair Purpose: Evaluates the quality of GLEG access to the GUI Repair electronic gateway, focusing on the extent the gateway is actually available to GLEGs. Description: Measures the availability of the GUI (Graphical User Interface) repair electronic interface and reports the percentage of scheduled availability time the interface is available for view and/or input. All times during which the interface is scheduled to be operating during the reporting period are measured..Scheduled Up Time" hours are based on the currently published hours of availability found on the following website: http://www.qwest.com/wholesale/cmp/ossHours.html..Time Gateway is Available to GLEGs is equal to Scheduled Availability Time minus Outage Time..Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communicated that the interface is not available due to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or component (i.e., GUI-Repair), affecting Qwests ability to serve its customers. An outage is determined by Qwest technicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event management systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: GLEG Disaggregation Reporting: Region-wide leveL. aooreoate results Formula: (Number of Hours and Minutes Gateway is Available to GLEGs During Reporting Period -i Number of Hours and Minutes of Scheduled Availability Time During Reporting Period) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 5 GA-? - Timely Outage Resolution following Software Releases Purpose: Measures the timeliness of resolution of gateway or system outages attributable to software releases for specified OSS interfaces, focusing on CLEC-affecting software releases involving the specified gateways or systems. Description:.Measures the percentage of gateway or system outages, which are attributable to OSS system software releases and which occur within two weeks after the implementation of the OSS system software releases, that are resolved NOTE 1 within 48 hours of detection by the Qwest monitoring group or reporting by a CLEC/co-provider..Includes software releases associated with the following OSS interfaces in Qwest: IMA-GUI, IMA- EDI, and CEMR, Exchan~e Access, Control, & Tracking (EXACT)NOTE 2, Electronic Bonding- Trouble Administration (EB - T A) 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-7, a functional acknowledgement must have been provided for the data in question (e.g., EDI 997, LSR 10 or trouble ticket number). Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 6 Pre-Order/Order PO-1 - Pre-Order/Order Response Times Purpose: Evaluates the timeliness of responses to specific preordering/ordering queries for CLECs through the use of Qwests Operational Support Systems (OSS). Qwests OSS are accessed through the specified gateway interface. Description: PO-1A & PO-1B: Measures the time interval between query and response for specified pre-order/order transactions through the electronic interface. . Measurements are made using a system that simulates the transactions of requesting pre- ordering/ordering information from the underlying existing 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 CLEC service representatives in the reporting period, · The time interval between query and response consists of the period from the time the transaction request was "sent" to the time it is "received" via the gateway interface. . A query is an individual request for.the specified type of information. PO-1C: . Measures the percentage of all IRTM Queries measured by PO-1A & 1B transmitted in the reporting period that timeout before receiving a response. PO-1D: . Measures the average response time for a sampling of rejected queries across preorder transaction types. The response time measured is the time between the issuance of a pre-ordering transaction and the receipt of a¡ error message associated with- a "rejected query." A rejected query is a transaction that cannot be successfully processed due to the provision of incomplete or invalid information by the sender, which results in an error message back to the sender. NOTE 1Reporting Period: One month Unit of Measure: PO-1A, PO-1B, & PO-1D: Seconds PO-1 C: Percent Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 7 PO-1 - Pre-Order/Order Response Times (continued) Reporting Comparisons: CLEC aggregate. Disaggregation Reporting: Region-wide leveL. Results are reported as follows: PO-1A Pre-Order/Order Response Time for IMA-GUI PO-18 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 Information 3. Facility Availability 4. Street Address Validation 5. Customer Service Records 6. Telephone Number 7. Loop Qualification Tools NOTE 3 8. Left intentionally blank to preserve numbering 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 8 (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-GUI 2. Percent of Preorder Transactions that Timeout IMA-EDI PO-1D Results for PO-1D will be reported according to the gateway interface used: 1. Rejected Response Times for IMA~GUI 2. Rejected Response Times for IMA-EDI Formula: PO-1A & PO-1 8 = ¿((Query Response Date & Time) - (Query Submission Date & Time)) 7 (Number of Queries Submitted in Reporting Period) PO-1C = ((Number of IRTM Queries measured by PO-1A & 18 that Timeout before receiving response) 7 (Number of IRTM Queries Transmitted in Reporting Period)) x 100 PO-1D = ¿((Rejected Query Response Date & Time) - (Query Submission Date & Time)) 7 (Number of Rejected Query Transactions Simulated by IRTM) Exclusions: PO-1A & PO-18: . Rejected requests/errors, and timed out transactions PO-1C: . Rejected requests and errors PO-1D: . Timed out transactions Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit 8 June 26, 2007 Page 8 PO-1 - Pre-Order/Order Response Times (continued) Product Reporting: None Standards:IMA-GUI IMA-EDI Total Response Time: 1.Appointment Scheduling -:10 seconds -:10 seconds 2.Service Availability -:25 seconds -:25 seconds Information 3.Facility Availability -:25 seconds6 -:25 seconds6 4.Street Address Validation -:10 seconds -:10 seconds 5.Customer Service Records -:12.5 seconds6 -:12.5 seconds6 6.Telephone Number -:10 seconds -:10 seconds 7.Lool Qualification Tools :õ 20 seconds?:õ 20 secondsNOT 3 8.Left intentionally blank to preserve numbering 9.Connecting Facility :õ 25 seconds :õ 25 seconds Assignment 10. Meet Point Inquiry :õ 30 seconds :õ 30 seconds PO-1C-1 PO-1C-2 PO-1D-L & 2 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-e 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. 0.5% 0.5% Diagnostic Availability: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 9 PO-2 - Electronic Flow-through Purpose: Monitors the extent Qwests processing of GLEG Local Service Requests (LSRs) is completely electronic, focusing on the degree that electronically-transmitted LSRs flow directly to the service order processor without human intervention or without manual retyping. Description: PO-2A - Measures the percentage of all electronic LSRs that flow from the specified electronic gate'!ay interface to the Service Order Processor (SOP) without any human intervention. . Includes all LSRs that are submitted electronically through the specified interface during the reporting period, subject to exclusions specified below, PO-2B - Measures the percentage of all flow-through-eligible LSRs NOTE 1 that flow from the specified electronic gateway interface to the SOP without any human intervention. . Includes all flow-through-eligible LSRs that are submitted electronically through the specified interface during the reporting period, subject to exclusions specified below. Reporting Period: One month I Unit of Measure: Percent Reporting Comparisons: GLEG Disaggregation Reporting: Statewide level (per multi- aggregate, individual GLEG state system serving the state). Results for PO-2A and PO-2B will be reported according to the gateway interface* used to submit the LSR: 1 LSRs received via IMA-GUI 2 LSRs received via IMA-EDI *GO also reports an aggregate of IMA-GUI and IMA-EDI results. Formula: PO-2A = ((Number of Electronic LSRs that pass from the Gateway Interface to the SOP without human intervention) -; (Total Number of Electronic LSRs that pass through the Gateway Interface)) x 100 PO-2B = ((Number of flow-through-eligible Electronic LSRs that actually pass from the Gateway Interface to the SOP without human intervention) -; (Number of flow-through-eligible Electronic LSRs received through the Gateway Interface)J x 100 Exclusions: . Rejected LSRs and LSRs containing GLEG-caused non-fatal errors. . Non-electronic LSRs (e.g., 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 #'s.) . Invalid startstop dates/times. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 10 PO-2 - Electronic Flow-through (continued) Product Reporting:Standards:.Resale PO-2A:.Unbundled Loops (with or Diagnostic without Local Number Portability)PO-2B: .Local Number Portability.UNE-P (POTS) and UNE-P Resale:95% (Centrex 21)Unbundled Loops:85%.Line Sharing LNP:95% UNE-P (POTS & Centrex 21):95% Line Sharing:Diaqnostic ,"v ie ¿ Availability:Notes: Available 1.The list of LSR types classified as eligible for flow through is contained in the "LSRs Eligible for Flow Through" matrix. This matrix also includes availability for enhancements to flow through.Matrix will be distributed through the CMP process. 2.The standard and future disaggregated reporting of the Line Sharing product is TBD, pending resolution of TRO issues. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 11 PO-3 - LSR Rejection Notice Interval Purpose: Monitors the timeliness with which Qwest notifies CLECs that electronic and manual LSRs were reiected. Description: Measures the interval between the receipt of a Local Service Request (LSR) and the rejection of the LSR for standard categories of 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.qwest.com/wholesale/cmp/ossHours.htmlReporting Period: One month Unit of Measure: PO-3A-1, 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-1, LSRs received via IMA-GUI and rejected manually: Statewide . PO-3A -2, LSRs received via IMA-GUI and auto-rejected: Region wide . PO-3B-1, LSRs received via IMA-EDI and rejected manually: Statewide · PO-3B -2, LSRs received via IMA-EDI and auto-rejected: Region wide . PO-3C, LSRs received via facsimile: Statewide Reporting Comparisons: CLEC aggregate and individual CLEC results Formula: L ((Date and time of Rejection Notice transmittal) - (Date and time of LSR receipt)) 7 (Total number of LSR Rejection Notifications) Exclusions: . Records with invalid product codes. . Records missing data essential to the calculation of the measurement per the PID. . Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to disallow duplicate LSR #'s.) . Invalid start/stop dates/times. Product Reporting: Not applicable (reported by ordering interface). Standards: . PO-3A-1 and -3B-1: . PO-3A -2 and -3B -2: . PO-3C: ~ 12 business hours ~ 18 seconds ~ 24 work week clock hours Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 12 PO-4 - LSRs Rejected Purpose: Monitors the extent LSRs are rejected as a percentage of all LSRs to provide information to help address potential issues that miqht be raised by the indicator of LSR rejection notice intervals. Description: Measures the percentage of LSRs rejected (returned to the CLEC) for standard categories of errors/reasons..Includes all LSRs submitted through the specified interface that are rejected or FOC'd during the reporting period. .Standard reasons for rejections are:m i ssi ng/i ncom plete/m ism atch i ng/u n intell igi ble inform ation; 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 question for clarification about the LSR. Reporting Period: One month Unit of Measure: Percent of LSRs Reporting Comparisons: CLEe aggregate and Disaggregation Reporting: individual CLEC results Results for this indicator are reported according to the gateway interface used to submit the LSR: PO-4A-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) 7 (Total of all LSRs that are received via the specified interface that were rejected or FOC'd in the reporting period)) x 100 Exclusions:.Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to disallow duplicate LSR #'s.).Invalid startstop dates/times. Product Reporting: Not applicable (reported by Standard: Diagnostic ordering interface). Availability:Notes: Available Qwest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 13 PO-5 - Firm Order Confirmations (FOCs) On Time Purpose: Monitors the timeliness with which 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 (i.e., facsimile) that receive an FOC during the reporting period, subject to exclusions specified below. (Acknowledgments sent separately from an FOC (e.g., EOI 997 transactions are not included.) . For PO-5A, the interval measured is the period between the LSR received date/time (based on scheduled up time) and Qwests response with a FOC notification (notification date and time). · For PO-5B, 5C, and 50, the interval measured is the period between the illication date and time, as defined herein, and Qwests 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 day§.. . 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: Percent Reporting Disaggregation Reporting: Statewide level (per multi-state system Comparisons: CLEC serving the state). aggregate and individual Results for this indicator are reported as follows: CLEC results . PO-5A:* FOCs provided for fully 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-5A, PO-5B and PO-5C measurements listed above will be further disaggregated as follows: - (a) FOCs provided for Resale services and UNE-P - (b) FOCs provided for Unbundled Loops and specified Unbundled Network Elements - (c) FOCs provided for LNP Formula: PO-5A = nCount 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 periodH x 100 PO-5B, 58, & 50 = nCount of LSRs/ASRs for which the original FOC's "(FOC Notification Date & Time) - (Application Date & Time)" is within the intervals specified for the service category involved) ., (Total Number of original FOC Notifications transmitted for the service category in the reporting periodH x 100 Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 14 PO-5 - Firm Order Confirmations (FOCs) On Time (continued) Exclusions: .LSRs/ASRs involving individual case basis (ICB) handling based on quantities of lines, as specified in the "Standards" section below, or service/request types, deemed to be plQGcts. .Hours on Weekends and holidays. (Except for PO-5A which only excludes hours outside the scheduled up time),.LSRs with CLEC-requested FOC arrangements different from standard FOC arrangements. .Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID..Duplicate LSR numbers, (Exclusion to be eliminated upon implementation of 1M A capability to disallow duplicate LSR #'s,).Invalid start/stop dates/times. Additional PO-50 exclusion: .Records with invalid application or confirmation dates. Product Reporting:Standards: .For PO-5A (all):95% within 20 minutes NOTE 2 .For PO-5A, -5B and .For PO-5B (all):90% within standard FOC intervals -5C:(specified below) (a) Resale services .For PO-5C (manual):90% within standard FOC intervalsUNE-P (POTS)specified below PLUS 24 hours NOTE 3and UNE-P Centrex .For PO-50 (LIS Trunks):85% within eight business days (b) Unbundled Loops and specified Standard FOC Intervals for PO-58 and PO-5CUnbundled Network Elements.Product Group NOTE 1 FOC Interval(c) LNP Resale-Residence and Business POTS 1-39 lines.For PO-50: LIS ISDN-Basic 1-10 linesTrunks.Conversion As Is 24 hours- -Adding/Changing features-Add primary directory listing to established loop-Add call appearance Centrex Non-Design 1-19 lines with no Common Block Configuration Centrex line feature changes/adds/removals (all) LNP 1-24 lines Unbundled Loops 1-24 loops 2/4 Wire analog DS3 Capable Sub-loop 1-24 sub-loops (included in Product Reporting group (b)) Line Sharing/Line Splitting/Loop Splitting 1-24 shared loops fincluded in Product Reportinq qroup (b)) Unbundled Network Element-Platform (UNE-P POTS) 1 - 39 lines Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 15 PO-5 - Firm Order Confirmations (FOCs) On Time (continued) Availability: Available 1-10 lines 1-3 1-24 trunks 1-24 1-24 1-3 25-49 lines 48 hours 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 numbersUNE-P Centrex 1-10 lines UNE-P Centrex 21 1-10 lines Unbundled Loops with Facility Check(NOTE23) 1 - 24 loops 2/4 wire Non-loaded ADSL compatible ISDN capable XDSL-I capable DS1 capable Resale ISDN-PRI (Trunks) For PO-50: 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. " 1-12 trunks 1-240 trunk circuits 72 hours 96 hours 8 business days Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 16 PO-6 - Work Completion Notification Timeliness Purpose: To evaluate the timeliness of Qwest issuing electronic notification at an LSR level to CLECs that provisioning work on all service orders that comprise the CLEC LSR have been completed in the Service Order Processor and the service is available to the customer. Description: PO-6A & 6B:.Includes all orders completed in the Qwest Service Order Processor that generate completion notifications in the reporting period, subject to exclusions shown below..The start time is the date/time when the last of the service orders that comprise the CLEC LSR is posted as completed in the Service Order Processor..The end time is when the electronic order completion notice is made available (IMA-GUI) NOTE 1 or transmitted (IMA-EDI) to the CLEC via the ordering interface used to place the local service request. The notification is transmitted at an LSR level when all service orders that comprise the CLEe LSR are complete..With hours: minutes reporting, hours counted are during the published Gateway Availability hours. Gateway Availability hours are based on the currently publìshed hours of availability found on the following website: http://www.qwest.com/wholesale/cmp/ossHours.html. Reporting Period: I Unit of Measure:One month PO-6A - 6B:Hrs:Mins Reporting Disaggregation Reporting: Statewide leveL. Comparisons: CLEC aggregate and individual .PO-6A Notices transmitted via IMA-GUI CLEC results..PO-6B Notices transmitted via IMA-EDI Formula: For completion notifications generated from LSRs received-via IMA-GUI: PO-6A = L((Dateand 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)) 7 (Number of completion notifications made available in reporting period) For completion notifications generated from LSRs received via IMA-EDI: PO-6B = L((Date and Time Completion Notification transmitted to CLEC) - (Date and Time the last of the service orders that comprise the CLEC LSR is completed in the Service Order Processor.)) 7 (Number of completion notifications transmitted in reporting period) Exclusions: PO -6A & 6B:.Records with invalìd completion dates..LSRs submitted manually (e.g., via facsimile)..ASRs submitted via EXACT. . Product Reporting:Standard: PO - 6A & 6B Aggregate reporting for all products ordered through 6 hours IMA-GUI and, separatelv, IMA-EDI (see disaggregation reporting). Availability:Notes: Available 1.The time a notice is "made available" via the IMA-GUI is the time Qwest stores a status update related to the completion notice in the IMA Status Updates database. When this occurs, the notice can be immediately viewed by the CLEC using the Status Updates window or by using the LSR Notice Inquiry function. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 17 PO-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 posted in the billinci system (for Qwest retail) within five business days. 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 billng system. . The start time is when the completion of the order is posted in the SOP. The end time is when the order is posted in the CRIS billing system. . Intervals counted in the numerator of this measurement are those that are five business days or less. Reporting Period: One month Reporting Comparisons: PO-7 A and -7B: CLEC aggregate and individual CLEC results. PO-7C: Qwest retail results. Formula: For wholesale service orders Qwest generates 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) I Unit of Measure: Percent Disaggregation Reporting: Statewide leveL. . PO-7A Notices made available via IMA-GUI . PO-7B Notices transmitted via IMA-EDI . PO-7C Billing system posting completions for Qwest Retail PO-7B = For service orders Qwest generates for retail customers (i.e., the retail analogue for PO-7A & -7B): 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 posted in the CRIS billinçi system in the reportinçi period) Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 18 PO-7 - Biling 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-7C GUI and, separately, IMA-EDI (see disaggregation reporting). Availability:Notes: Available ~ Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 19 PO-8 .. Jeopardy Notice Interval Purpose: Evaluates the timeliness of jeopardy notifications, focusing on how far in advance of original due dates jeopardy notifications are provided to CLECs (regardless of whether the due date was actually missed), Description: Measures the average time lapsed between the date the customer is first notified of an order jeopardy event and the original due date of the order..InCludes all orders completed in the reporting period that received jeopardy notifications. Reporting Period: One month Unit of Measure: Average Business days ,"VIC Reporting Comparisons: CLEC Disaggregation Reporting: Statewide leveL. aggregate, individual CLEC and Owest (This measure is reported by jeopardy notification process Retail results as used for the categories shown under Product Reporting,) Fòrmula: (L:(Date of the original due date of orders completed in the reporting period that received jeopardy notification - Date of the first jeopardy notification) 7 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 application 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: A Non-Designed Services A Parity with Retail POTS B Unbundled Loops (with or without B Parity with Retail POTS Number Portability) C LIS Trunks C Parity with Feature Group 0 (FGD) services 0 UNE-P (POTS)0 Parity with Retail POTS Availability:Notes: Available 1. For PO-8A and -0, 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 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 -8C, Saturday is counted as a business day when the service order is due on Saturday. Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 20 PO-g - Timely Jeopardy Notices Purpose: When original due dates are missed, measures the extent to which Qwest 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 Qwest and which are completed/closed in the reporting period that missed the original due date. Change order types included in this measurement consist of all C orders representing inward activity. .Missed due date orders with jeopardy notifications provided on or after the original due date is past will be counted in the denominator of the formula but will not be counted in the numerator. Reporting Period: One month I Unit of Measure: Percent Reporting Comparisons: CLEC Disaggregation Reporting: Statewide leveL. aggregate, individual CLEC and (This measure is reported by jeopardy notification process asQwest Retail results used for the categories shown under Product Reporting.) Formula: ((Total missed due date orders completed in the reporting period that received jeopardy notification in advance of original due date) -T (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 offcial company services. .Records with invalid due dates or ilÇ.?tL9JJ..,çJatg,§..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: A Non-Designed Services A Parity with Retail POTS B Unbundled Loops (with or without Number B Parity with Retail POTS Portability) C LIS Trunks C Parity with Feature Group D (FGD) Services D UNE-P (POTS)D Parity with Retail POTS Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 21 PO-15 - Number of Due Date Changes per Order Purpose: To evaluate the extent to which Qwest changes due dates on orders. Description: Measures the average number of Qwest due date changes per order..Includes all inward orders (Change, New, and Transfer order types) that have been assigned a due date in the reporting period subject to the exclusions below. Change order types for additional lines consist of all "C" orders representing inward activity..Counts all due date changes made for Qwest reasons following assignment of the original due date. Reporting Period: One month I Unit of Measure: Average Number of Due Date Changes Reporting Comparisons:Disaggregation Reporting: Statewide leveL. CLEC aggregate, individual CLEC, and Qwest retail results. Formula: 2:(Count of Qwest due date changes on all orders) 7 (Total orders in reporting penod) Exclusions:.Customer requested due date changes..Records involving official company services..Records with invalid due dates or application dates. .Records with invalid product codes. .Records missing data essential to the calculation of the measurement per the PID. Product Reporting:Standard:- None Diagnostic Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 22 PO-16- Timely Release Notifications Purpose: Measures the percent of release notifications for changes to specified OSS interfaces sent by Qwest to CLECs within the intervals and scope specified within the change management plan found on Qwests Chanqe Manaqement Process, (CMP) website at http://www.qwest.com/wholesale/cmp/whatiscmp.html. Description: . Measures the percent of release notices thatare sent by Qwest within the intervals/timeframes prescribed by the release notification procedure on Qwests 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 - OSS Interface Retirement Notices. NOTE 2 - 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 5 - New OSS interfaces (for introduction notices only.) NOTE 6 - Also included are notifications for connectivity or system function changes to Resale Product Database. - Includes OSS interface release notifications by Qwest relating to the following products and service-.ategories: LIS/Interconnection, Collocation, Unbundled Network Elements (UNE), Ancillary, and Resale Products and Services. - Includes OSS interface release notifications by Qwest to CLECs for the following OSS functions: Pre-Ordering, Ordering, Provisioning, Repair and Maintenance, and Billing. - Includes Types of Changes as specified in the "Qwest Wholesale Change Management Process Document" (Section 4 - Types of Changes). - Includes all OSS 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 Qwest that provides the Release Notification. NOTE 7 . Release Notifications sent after the date required by the (CMP) are considered untimely. Release Notifications required but not sent are considered untimely. Reporting Period: One month Reporting Comparisons: CLEC Aggregate Unit of Measure: Percent Disaggregation Reporting: Region-wide leveL. Formula: ((Number of required release notifications for specified OSS interface changes made within the reporting period that are sent on or before the date required by the change management plan (CMP) -T Total number of required release notifications for specified OSS 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 Qwest through the CMP. . Changes where Qwest and CLECs agree, through the CMP, that notification is unnecessary. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 23 PO-16 Timely Release Notifications (continued) Product Reporting:None Standards: Vol. 1-10: No more than one untimely notification Vol. ~ 10: 92.5% timelv 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 "9.0 - 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 "7.0 - 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 SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 24 PO-19 - Stand-Alone Test Environment (SATE) Accuracy Purpose: Evaluates Qwests 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 (SATE). . 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 Qwests 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 p!,s!,rie..s_9ß.Y§, of the numbered release being originally installed in SATE. This five-business day period will be referred to as the "TestingWindow." - - 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 15th, or the nearest working day to the 15th of the month, in the months when no release related test transactions are executed. . Test transaction results will be reported by release and included in the Reporting Period during which the release transactions or mid-release test transactions are completed. PO-19B . Validates the extent that SATE mirrors production by measuring the percentage of IMA EDI test transactions that produce comparable results in SATE and in production. - Transactions counted as producing comparable results are those that return correctly formatted data and fields as specified in the release's EDI disclosure document and developer worksheets related to the IMA release being tested. - Comparability will be determined by evaluating the data and fields in each EDI message for the test transactions against the same data and fields for Preorder queries, LSRs, and Supplementals, and returned as Query Responses, Acknowledgements, Firm Order Confirmations (FOCs) for flow-through eligible products, and rejects. . Test transactions are executed one time for each new major IMA release within 7 days after the IMA release. - Test transactions consist of a defined suite of Product/Activity combinations. Qwests three regions will be represented. NOTE 2 - Pre-order, Order, and Post-order transactions (FOCs for flow-through products) are included. . With respect to the comparability of the structure and content of results from SATE and production environments, this measurement focuses only on the validity of the structure and the validity of the content, per developer worksheets and EID mapping examples distributed as part of release notifications. NOTE 3 , Reporting Period: PO-19A -- One month PO-19B: -- One month (for those months in Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Unit of Measure:Percent Page 25 PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued) which release-related test transactions are completed) Reporting Comparisons: None Disaggregation Reporting: PO-19A - Reported separately for each release tested in the reporting period PO-19B -- None Formula: PO-19A ((Total number of successfully completed SATE test transactions executed for a Software Release or between-releases performance test completed in the Reporting Period) 7 (Total number of SATE test transactions executed for each Software Release or between-releases performance test completed in the Reporting Period)) x 100 PO-19B ((Total number of completed IMA EDI test transactions executed in SATE and production that produce comparable results for each new major IMA Software Release completed in the Reporting Period) 7 (Total number of completed IMA EDI test transactions executed in SATE and production for each new major IMA Software Release completed in the Reporting Period)) x 100 Availabiliy: Exclusions: For PO-19B: . Transactions that fail due to the unavailability of a content item (e.g., TN exhaustion in SATE or the production environment) or a function in the SATE or production environments (e.g., address validation query or CSR query) that is unsuccessful due to an outage in systems that interface with IMA-EDI (e.g., 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.g., the Reject Duplicate LSR candidate in IMA 12,0). This exclusion does not apply during reporting periods in which there are no differences between production IMA and SATE caused by SATE releases packaged pursuant to CMP decisions.Product Reporting: None Standard: PO-19A - 95% for each release tested PO-19B - 95% Notes: 1. Transactions that are executed and found to have inconsistencies with the data and format rules will be corrected and rerun. Rerun volumes will not be counted in the denominator for PO-19. Such corrections and re-executions are intended to enforce strict adherence to business rules published in Qwests most current IMA EDI Data and Disclosure Documents. 2. The product and activity combinations that make up the test decks for PO-19B will be updated after each major IMA software release and provided to CLECs with the publication of IMA EDI Draft Interface Technical Specifications for the next major IMA software release as defined in the CMP process. All combinations with EDI transaction volumes ;: 100 in the previous 12-month period will be included in the test deck. 75 days prior to the execution of the test, Qwest will run a query against IMA to determine which combinations meet the criteria for inclusion (i.e., volumes ;: 100). Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 26 PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued) 3. The intent of this provision is to avoid including the effects of circumstances beyond the SATE environment that could cause differences in SATE and production results that are not due to problems in mirroring production. For example, because of real-time data manipulation in production, an appointment availability query transaction in SATE will not return the same list of available appointments as in production. Available appointments in production are fully dependent on real-time activities that occur there, whereas available appointments in SATE are based on a pre- defined list that is representative of production. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 27 PO-20 (Expanded) - Manual Service Order Accuracy Purpose: Evaluates the degree to which Qwest accurately processesCLECs' Local Service Requests (LSRs), which are electronically-submitted and manually processed by Qwest, into Qwest 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 Qwest 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 Qwest 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 Qwest, and are completed/closed in the reporting period. Change Service Order types included in this measurement consist of all C orders with "I" and "T" action-coded line or feature USOCs. . All Service Orders satisfying the above criteria are evaluated in this measurement.NOTE 2 . An inward line Service Order will be classified as "accurate" and thus counted in the numerator in the formula below when the mechanized comparisons of this measurement determine thaUhe 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 Qwest 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 Unit of Measure: arrears (i.e., results first appear in reports one month later than results for measurements that are not reported in arrears), in order to exclude Service Orders that are the subject of call center tickets counted in OP-5B and OP-5T, as having new service problems attributed to Service Order errors. Percent Reporting Comparisons: CLEC Aggregate and individual CLEC Disaggregation Reporting: Statewide Level ., Formula: ((Number of accurate, evaluated Service Orders) 7 (Number of evaluated Service Orders completed in the reporting period)) x 100 Exclusions: . Service Orders that are the subject of call center tickets counted in OP-5B and OP-5T as having new service problems attributed to Service Order errors. .. Cancelled Service Orders. . Service Orders that cannot be matched to a corresponding LSR . Records missinQ data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 28 PO-20 (Expanded) - Manual Service Order Accuracy (continued) Pròduct Reporting: . Resale and UNE-P (POTS and Centrex 21) Standard: 95% . Unbundled Loops (Analog and Non-Loaded 2/4-wire, OS 1 Capable, DS3 and higher Capable, ADSL Compatible, XDSL-I Capable, ISDN-BRI Capable) Availabilty: Available Notes: 1. To be included in the measurement, Service Orders created from CLEC LSRs must be received and completed in the same version of IMA-GUI or IMA-EDI. 2. Consists of all manually-processed, qualifying Service Orders per product reporting category specified above, from throughout Qwests 14- state local service region. LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: CCNA Customer Carrier CCNA field of LSR form compared to the RSID/ZCID field Name identifier in the Extended 10 section of the Service Order. Abbreviation PON Purchase Order PON field of LSR form compared to the PON field in Bill Number Section of the Service Order. DITSENT Date and time The DITSENT 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 LSR 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.) NC Network Channel Applies only to Unbundled Loop. NC field on the LSR form Code compàred to provisioning USOC for CKL 1 on the Service Order. NCI Network Channel Applies only to Unbundled Loop NCI field on the LSR form Interface Code compared to provisioning USOC for CKL 1 on the Service Order. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 29 PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: SECNCI Secondary Applies only to Unbundled Loop orders. Network Channel SECNCI field on the LSR form compared to the provisioning Interface Code USOC for CKL2 on the Service Order. PIC InterLATA Pre-PIC field on Resale or Centrex form compared to PIC subscription populated on the "I" or "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 IntraLAT A 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 = DFLT; 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 requirinq inward activity are addressed on the Service Order. FAJ 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 "I" Resale and/or "T" action lines on the Service Order.-Note: Comparison will be based on the USOCs associatedor Centrex with line and feature activity listed in the PO-20 USOC List posted on Qwests public website, on the web page containing the current PID www.qwest.com/wholesale/results). Qwest may add USOCs to the list, delete grand-fathered/ discontinued or obsolete USOCs, or update USOCs assigned to listed descriptions by providing notice in the monthly Summary of Notes and updating the list. LS ECCKT Exchange Applies to LSRs with ACT = C (only when NC code has not Company Circuit changed, M, or T. ID ECCKT field on the LS form compared to the CLS field in the Service and Equipment section of the Service Order. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 30 PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: LS/CFA Connecting CFA field on the LS or LSNP forms compared to the CFA LSNP Facility field used in CKL 1 of the Service Order. (Verbal acceptance Assignment of CFA changes will be FOC'd and PIA'd, which will account for the mismatch and eliminate it as an error in the PO-20 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 section of the Service Order. L TY = 3 (Non Pub - does not appear in the directory and telephone number does not appear in DA.) Validate that there is non published instructions in the LN field in the List Uì section of the Service Order. Cl CentrallWestern Regions: Validate that the left handedi:field is NP and (NON-PUB) is contained in the NP data field-E.!!-in the List section of the Service Order... .. .e i:Eastern Region: Validate that the left handed field is NP (/ ë¡¡and (NP LODA) or (NP NODA) is containedin the NP datagi~ :; ¡¡field in the List section of the Service Order. .!! u TOA Type of Account Validate TOA entries (only reviewed when BRO field on DL.. 0;:..form is not populated): .. ..TOA valid entries are B or RPo 0 .--u ;:Validate that there is a semi colon (;) within the LN in theQ) -.: i:List section of the Service Order.o 0 I "t .TOA valid entries are R or BP.. 2 Validate that there is a comma (,) within the LN in the Listo n::i section of the Service Order.n:Exception: When LSR-TOS = 3, TOA review is Not::w 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 = Yon DL form; Service Order LN contains (NSOL) (OCLS). TMKT Telemarketing Colorado Only TMKT field = 0 on DL form; Service Order LN contains (OATD). When both the DML and the TMKT fields are populated, DML validation applies. LNLN and Listed Name LNLN and LNFN fields on DL form compared to the LN field LNFN in the List section of the Service Order. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 31 PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: ADI Address Indicator ADI = 0 on DL form; Service Order LA contains (OAD). LAPR Listed Address LAPR field of the Listing form compared to LA in the List Number Prefix section of the Service Order. LANO Listed Address LANO field of the Listing form compared to LA in the List Number section of the Service Order. LASF Listed Address LASF field of the Listing form compared to LA in the List Number Suffix section of the Service Order. LASD Listed Address LASD field of the Listing form compared to LA in the List Street Directional section of the Service Order. LASN Listed Address LASN field of the Listing form compared to LA in the List Street Name section of the Service Order. LATH Listed Address LATH field of the Listing form compared to LA in the List Street Type section of the Service Order. LASS Listed Address LASS field of the Listing form compared to LA in the List Street Directional section of the Service Order. Suffix LALOC Listed Address LALOC field of the Listing form compared to LA in the List Locality section of the Service Order. 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. Resale FEATURE Feature Details As specified in Appendix A of the 14 State Working PID. or DETAILS Comparison would be based on the fields associated with the Centrex USOC list referenced under Feature Activity above. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 32 PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: Resale BLOCK Blocking Type For each LNUM provided in the Service Detail section of the or (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 FlO TBE A is present on the service order floated behind line USOC associated with the TNS for that LNUM. If BLOCK contains B, validate FlO TBE B is present on the service order floated behind line USOC associated with the TNS for that LNUM. If BLOCK contains C, validate FlO T8E C is present on the service order floated behind line USOC associated with the TNS for that LNUM. If BLOCK contains H, validate FlO BLKD is present on the service order flO'Bted behind line USOC associated with the TNS for that LNUM. DFDT Desired Frame Applicable only to orders for Resale and UNE-P (POTS and Due Time Centrex 21) DFDT field on the LSR form compared to the FDT field in the Extended 10 section of the Service Order. LSR DOD Desired Due DOD field from the last FOC'd LSR compared to the original Date or last subsequent due date in the Extended 10 section on the Service Order when no CFLAG/PIA is present on the FOC. (i.e. Evaluation includes recognition of valid differences between DOD 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):ti Number L TN field on the Listing form compared to the Main Accounti:.. U)i:o i:Number of the Service Order.:¡.. i:.~;;.-..- -i: ti;; 0'-For Unbundled Loop: L TN field on the Listing form compared.. E ..o .. "0 i:- 0 Ql .-to the TN floated after the LN in the Listing section of theu.. - C1 e ~ :æ Service Order.e iÕ iÕ i ~ u LNPL Letter Name LNPL field on the Listing form = L, validate that LN on thew 0..-..Placement Service Order follows letter placement versus wordCplacement. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit 8 June 26, 2007 Page 33 Ordering and Provisioning OP-2 - Calls Answered within Twenty Seconds -Interconnect Provisioning Center Purpose: Evaluates the timeliness of CLEC access to Qwests interconnection provisioning center(s) and retail customer access to the Business Office, focusing 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 aç¡ent. 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) 7 (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, Eighth Amended Exhibit B June 26, 2007 Page 34 OP-3 - Installation Commitments Met Purpose: Evaluates the extent to which Qwestinstalls 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 Corders representing inward ""t,,,,t,, 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 oriÇJinal due date and (b) prior to a Qwest-initiated, chanÇJed due date, if any. Reporting Period: One month I 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 reported according to orders involving: individual CLEC OP-3A Dispatches within MSAs; and Qwest Retail OP-3B Dispatches outside MSAs; and results 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) 7 (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 slQJ;ilicatior:U¿s3Ies. . Records with invalid completion dates. . Records with invalid product codes. . Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 35 OP - 3 Installation Commitments Met (continued) Product Reporting:Standards: MSA-TvDe Disaaareaation - .Resale Residential sinçile line service Parity with retail service Business sinçile line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service DSO (non-desiqned provisioninq)Parity with retail service PBX Trunks (non-designed provisioning)Parity with retail service Primary ISDN (non-desiqned provisioning)Parity with retail service Basic ISDN (non-designed provisioning)Parity with retail service.Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS).Unbundled Network Element - Platform Parity with retail Centrex 21 !UNE-P) (Centrex 21 ) .Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex).Line Splitting 95% .Loop Splitting NU ii: 1 Diagnostic .Line Sharing 95% .Sub-Loop Unbundling CO: 90% All Other States: Diagnostic Zone-TvDe Disaaareaation -.Resale Primary ISDN (designed provisioning)Parity with retail service Basic ISDN (designed provisioning)Parity with retail service DSO (desiqned provisioning)Parity with retail service DS1 Parity with retail service PBX Trunks (designed provisioning)Parity with retail service DS3 and higher bit-rate services Parity with retail service (açiçireçiate) Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group 0 (aggregate).Unbundled Dedicated Interoffce Transport (UDIT) UDIT - DS1 level Parity with retail OS 1 Private Line UDIT - Above DS1 level Parity with retail Private Lines above DS 1 level Dark Fiber - IOF Diaqnostic.Unbundled Loops: Analoçi Loop 90% Non-loaded Loop (2-wire)90% Non-loaded Loop (4-wire)Parity with retail DS1 Private Line OS 1-capable Loop Parity with retail OS 1 Private Line xDSL-1 capable Loop 90% ISDN-capable Loop Parity with retail ISDN BRI (desiçined) ADSL-qualified Loop 90% Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (açiçireçiate)Line services (aggregate) Dark Fiber - Loop Diaçinostic Loops with Conditioning 90%.E911/911 Trunks Parity with retail E911/911 Trunks Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 36 OP - 3 Installation Commitments Met (continued) .Enhanced Extended Loops (EELs) - (080 WA: 90% level)All Other States: Diagnostic .Enhanced Extended Loops (EELs) - (081 90% level) .Enhanced Extended Loops (EELs) - (083 WA: 90% level)All Other States: Diagnostic Availability:Notes: Available 1.Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho 8GAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 37 OP-4 - Installation Interval Purpose: Evaluates the timeliness of Qwests installation of services for customers, focusing on the average time to install service. Description: Measures the average interval (in business d.9) NOTE 1 between the application date and the completion date for service orders accepted and implemented. · Includes all inward orders (Chaneie, 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 ",di\/ihi · 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 (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, followin~ the Applicable Due Date, from the subsequent customer-initiated due date, if any. NOTE Reporting Period: One month I Unit of Measure: Average Business Days Reporting Disaggregation Reporting: Statewide leveL. Comparisons: . Results for product/services listed in Product Reporting under "MSA-Type CLEC 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: ¿((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)) 7 Total Number of Orders Completed in the reporting period Explanation: 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 PID. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 38 OP-4 - Installation Interval (continued) Product Reporting:Standards: MSA-Tvne Disaaareaation -. .Resale Residential sinqle line service Parity with retail service Business sinqle line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service DSO (non-desiqned provisioning)Parity with retail service PBX Trunks (non-designed provisioning)Parity with retail service Primary ISDN (non-designed Parity with retail service provisioninq) Basic ISDN (non-desiqned provisioninq)Parity with retail service.Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS).Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex) .Line Splittinq 3.3 days.Loop Splittinq NOTE 3 Diagnostic.Line Sharinq 3.3 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(desiqned provisioninq)Parity with retail service DSO (designed provisioning)Parity with retail service DS1 Parity with retail service PBX Trunks (designed provisioning)Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggregate) Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group D (aggregate) .Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS1 level Parity with DS 1 Private Line Service UDIT - Above DS1 level Parity with Private Lines above DS1 level Dark Fiber - 10F Diagnostic.Unbundled Loops: Analog Loop 6 days Non-loaded Loop (2-wire)6 days Non-loaded Loop (4-wire)Parity with retail DS1 Private Line DS 1-capable Loop Idaho, Iowa, Montana, Nebraska, North Dakota, Oregon, Wyoming:Parity with retail DS 1 Private Line Arizona, Colorado, Minnesota, New Mexico, South Dakota, Utah, Washington: 5.5 days xDSL-1 capable Loop 6 days ISDN-capable Loop Parity with retail ISDN BRI (designed) ADSL-qualified Loop 6 days Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services (aqqregate)(aggregate) Dark Fiber - Loop Diagnostic Loops with Conditioning 15 days Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 39 OP-4 - Installation Interval (continued) . E911/911 Trunks . Enhanced Extended Loops (EELs) - (DSO level) . Enhanced Extended Loops (EELs) - (DS1 level) . Enhanced Extended Loops (EELs) - (DS3 level) Availabilty: Available Parity with retail E911/911 Trunks Diagnostic 6 days Diagnostic Notes: 1. For OP-4G, 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-4G and for all products under OP-4A, -4B, -40, and -4E. 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 (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. 3. Reporting will begin at the time GLEGs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 40 OP-5 - New Service Quality Purpose: Evaluates the quality of ordering and installing new services (inward line service orders), focusing on the percentage of newly-installed service orders that are free of CLEC/customer-initiated trouble reports during the provisioning process and within 30 calendar days following installation completion, and focusing on the qualitv of Qwests 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 CLEC/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. Chanie order types considered in these measurements consist of all C orders representing inward activity. aTE 1 . Orders for hew 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-5A: New Service Installation Qualiy Reported to Repair . Measures the percentage of inward line service orders that are free of repair trouble reports NOTE 2 within 30 calendar days of installation completion, subject to exclusions below. . Repair trouble reports are defined as CLEC/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 c10seãin 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 CLECs/customers once the service order is completed in Qwests systems. OP-5B: New Service Provisioning 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 Multiple Report Rate . Evaluates the quality of Qwests 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-5B, 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 during the provisioninq process or within 30 calendar days following installation Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 41 op- 5 - New Service Quality (continued) completion. · Additional repair or provisioning trouble reports are defined as all such reports that are received following the first report (whether the first report is represented by a call center ticket or a repair ticket) relating to the same service order during the provisioning process or within 30 calendar days following installation completion. In all cases, the trouble reports counted are those that are defined for OP-5A and OP-5B above. NOTE 7 Reporting Period: One month, reported in arrears (i.e., results first appear in reports one month later than results for measurements that are not reported in arrears), in order to cover the 30-day period following installation. Reporting Comparisons: CLEC aggregate, I 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 repair trouble reports as specified above) -T (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 provisioning trouble reports as specified above) -T (Number of inward line service orders completed in the reporting period) x 100 OP-5T = ((Number of inward line service orders completed in the reporting period) - Number of inward line service orders with repair or provisioning trouble reports as defined above under OP-5A or OP-5B, as applicable) -T (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-5B, that constitute additional repair and provisioning trouble reports, within 30 calendar days following the installation date -T 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: Applicable to OP-5A, 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 CLEC/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). Applicable to OP-5B, OP-5T and OP-5R only: . 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. Applicable to OP-5A, OP-5B, OP-5T and OP-5R: . Repair or provisioning trouble reports related to service orders captured as misses under measurements OP-13 (Coordinated Cuts Timeliness) or OP-17 (LNP Timeliness). . Subsequent repair or provisioning trouble reports of any trouble on the installed service before the original repair or provisioning trouble report is closed. . Service orders closed in the reporting period with App Dates earlier than eight months prior to the Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 42 op- 5 - New Service Quality (continued) beginning of the reporting period. · Information tickets generated for internal Qwest system/network monitoring purposes. · Disconnect, From (another form of disconnect) and Record order types. When out of service or service affecting problems are reported to the call center on conversion and move requests, the resulting call center ticket will be included in the calculation of the numerator in association with the related inward order type even when the call center ticket reflects the problem was caused by the Disconnect or From order. · Records involving offcial Qwest company services. Records missinÇ1 data essential to the calculation of the measurement as defined herein. Product Reporting Categories: Standards: . As specified below - one OP-5A: percentage result reported for OP-5B: each bulleted category under OP-5T: the sub-measurements shown. OP-5R: Parity with retail service 96.5% Diagnostic Diagnostic for six months following first reporting. Possible standard (TBD) (Where parity comparisons involve multiple service varieties in a product category, weighting based on the retail analogue volumes may be used if necessary to create a comparison that is not affected by different proportions of wholesale and retail analogue volumes in the same reporting category.) Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 43 op- 5 - New Service Quality (continued) Product Reporting:Standards: Reported under OP-5A OP-5B OP-5T and OP-5R: OP-5A OP-5B OP-5T & OP-5R Resale Residential single line Parity with retail service 96.5%Diagnostic service Business single line Parity with retail service 96.5%Diagnostic service Centrex Parity with retail service 96.5%Diagnostic Centrex 21 Parity with retail service 96.5%Diaqnostic PBX Trunks Parity with retail service 96.5%Diaqnostic Basic ISDN Parity with retail service 96.5%Diaqnostic Primary ISDN Parity with retail service 96.5%Diaqnostic DSO Parity with retail service 96.5%Diagnostic DS1 Parity with retail service 96.5%Diagnostic DS3 and higher bit-Parity with retail service 96.5%Diagnostic rate services (aggregate) Frame Relay Parity with retail service Diagnostic Diaqnostic .Unbundled Network Parity with like retail 96.5%Diagnostic Element - Platform service (UNE-P) (POTS).Unbundled Network Parity with retail Centrex 96.5%Diagnostic Element - Platform 21 (UNE-P) (Centrex 21 )-.Unbundled Network Parity with retail Centrex 96.5%Diagnostic Element - Platform (UNE-P) (Centrex) Line Splitting Parity with retail RES &96.5%Diagnostic BUS POTS Loop Splitting NU i t: tl Diaqnostic Diaqnostic Diagnostic Line Sharing Parity with retail RES &96.5%Diagnostic BUS POTS Sub-Loop Unbundlinq Diagnostic Diagnostic Diagnostic Unbundled Loops: Analog Loop Parity with retail Res &96.5%Diagnostic Bus POTS with dispatch Non-loaded Loop (2-Parity with retail ISDN 96.5%Diagnostic wire)BRI (designed) Non-loaded Loop (4-Parity with retail DS1 96.5%Diagnostic wire) DS1-capable Loop Parity with retail DS1 96.5%Diaqnostic xDSL-1 capable Loop Parity with retail OS 1 96.5%Diagnostic Private Line ISDN-capable Loop Parity with retail ISDN 96.5%Diagnostic BRI (designed) ADSL-qualified Loop Parity with retail ISDN 96.5%Diagnostic BRI (desiqned) Loop types of DS3 and Parity with retail DS3 96.5%Diagnostic higher bit-rates and higher bit-rate (aqqreqate)services (aggregate) Dark Fiber - Loop Diagnostic Diagnostic DiaQnostic Qwestldaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 44 op- 5 - New Service Quality (continued) .Enhanced Extended Loops Diagnostic until volume 96.5%Diagnostic (EELs) - (DSO level)criteria are met .Enhanced Extended Loops Parity with retail DS1 96.5%Diagnostic (EELs) - (DS1 level)Private Line .Enhanced Extended Loops Diagnostic until volume 96.5%Diagnostic (EELs) - (above DS1 criteria are met level) Reoorted under OP-5A and under OP-5R lDer OP-5A sDecificationsl: OP-5A OP-5R.LIS Trunks Parity with Feature Diagnostic Group 0 (aqqreqate) Unbundled Dedicated Interoffce Transport (UDIT) UDIT (DS1 Level)Parity with Retail Private Diagnostic Lines (DS1) UDIT (Above DS1 Level)Parity with Retail Private Diagnostic Lines (Above OS 1 level) Dark Fiber - IOF Diagnostic Diagnostic.E911/911 Trunks Parity with Retail Diagnostic E911/911 Trunks Availability:Notes: 1.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. 2.Including consideration of repeat repair trouble reports (i.e., additional reports of trouble related to the same newly-installed line/circuit that are received after the preceding repair report is closed and within 30 days following installation completion) to complete the determination of whether the newly-installed line/circuit was trouble free within 30 days of installation. 3.Qwests 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). 4.The "following month" includes also the period of a few business days (typically four or five) afterward, up to the time when Qwest pulls the repair data to begin processing results for this measurement. 5.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 Qwests documented or agreed upon procedures. 6.For purposes of calculating OP-5B, 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. 7.OP-5R will be counted on a per ticket basis. 8.Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 45 OP-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 days 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 activíty. . 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-initiateddue date, if any. NOTE 2 - Reporting Period: One month I Unit of Measure: Average Business Days Reporting Disaggregation Reporting: Statewide leveL. Comparisons: . Results for products/services listed under Product Reporting under "MS/\-type CLEC aggregate, Disaggregation" will be reported for OP-6A and OP-6B according to orders individual CLEC involving: and Qwest Retail 1. Dispatches within MSAs; results 2. Dispatches outside MSAs; and 3. No dispatches. . Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be disaggregated according to installations: 4. In llJterY.flJ?QÐ£Ll- areas; and 5. In inlerval Zon.e 2 areas. Formula: OP-6A = I((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)) 7 (Total Number of Late Orders for non-facility reasons completed in the reporting period) OP-6B = I((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) 7 (Total Number of Late Orders for facility reasons completed in the reporting period) Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 46 op- 6 - Delayed Days (continued) Exclusions: .Orders affected only by delays that are solely for customer and/or CLEC reasons. .Disconnect, From (another form of disconnect) and Record order types..Records involving official company services..Records with invalid due dates or application 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: MSA-Tvpe Disaaareaation -.Resale Residential single line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service DSO (non-desiqned provisioning)Parity with retail service PBX Trunks (non-designed provisioninq)Parity with retail service Primary ISDN (non-desiqned provisioninq)Parity with retail service Basic ISDN (non-desiqned provisioninq)Parity with retail service.Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS).Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex).Line Splittinq Parity with retail Res and Bus POTS.Loop Splittinq NOTE 3 -Diagnostic .Line Sharing Parity with retail Res and Bus POTS .Sub-Loop Unbundlinq Diagnostic Zone-tvoe Disaaareaation -.Resale Primary ISDN (desiqned provisioninq)Parity with retail service Basic ISDN (desiqned provisioninq)Parity with retail service DSO (desiqned provisioninq)Parity with retail service DS1 Parity with retail service PBX Trunks (designed provisioning)Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggregate) Frame Relay Parity with retail service .LIS Trunks Parity with Feature Group 0 (aggregate) .Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS1 level Parity with retail OS 1 Private Line- Service UDIT - Above DS1 level Parity with retail Private Line- Services above DS1 level Dark Fiber - 10F Diaqnostic.Unbundled Loops: Analoq Loop Parity with retail Res and Bus POTS with dispatch Non-loaded Loop (2-wire)Parity with retail ISDN BRI (desiqned) Non-loaded Loop (4-wire)Parity with retail DS1 Private Line OS 1-capable Loop Parity with retail DS1 Private Line xDSL-1 capable Loop Parity with retail ISDN BRI designed) ISDN-capable Loop Parity with retail ISDN BRI designed) ADSL-qualified Loop Parity with retail ISDN BRI designed) Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (aggreqate)Line services (aqqreqate) Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 47 op- 6 - Delayed Days (continued) 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 Diagnostic Parity with retail E911 /911 Trunks Diagnostic OP-6A: Parity with retail DS1 Private Line OP-6B: Diagnostic Diagnostic Notes: 1. For OP-6A-3 and OP-6B-3, 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-6A-3 and OP-6B-3, and for all products under OP-6A-1, -6A-2, -6A-4, -6A-5, -6B-1, -6B-2, - 6B-4, and -6B-5, 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 (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. 3. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 48 OP-7 - Coordinated "Hot Cut" Interval - Unbundled Loop Purpose: Evaluates the duration of completing coordinated "hot cuts" of unbundled loops, focusing on the time actually involved in disconnecting the loop from the Qwest network and 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 Qwests 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 Qwests 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 I Unit of Measure: Hours and Minutes Reporting Comparisons: CLEC Disaggregation Reporting: Statewide leveL. aggregate and individual CLEC results Formula: L(Completion time - Lift time) -; (Total Number of unbundled loops with coordinated cutovers completed in the reporting period) Exclusions: .Time intervals associated with CLEC-caused delays.-.Records missing data essential to the calculation of the measurement per the PID..Invalid start/stop dates/times or invalid scheduled date/times. Product Reporting: Coordinated Unbundled Standard: Loops - Reported separately for:CO: 1 hour.Analog Loops All Other States: Diagnostic in light of OP-13 .All other Loop Types (Coordinated Cuts On Time) Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 49 OP-8 - Number Portability Timeliness Purpose: Evaluates the timeliness of cutovers of local number portability (LNP). Description: OP-8B - LNP Timeliness with Loop Coordination (percent).: Measures the percentage of coordinated LNP triggers set prior to the scheduled start time for the loop. . All orders for LNP coordinated with unbundled loops that are completed/closed during the reporting period are measured, subject to exclusions specified below. OP-8C - LNP Timeliness without Loop Coordination (percent): Measures the percentage of LNP triggers set prior to the Frame Due Time or scheduled start time for the LNP cutover as applicable. . All orders for LNP for which coordination with a loop was not requested that are completed/closed during the reporting period are measured (including standalone LNP coordinated with other than Qwest-provided Unbundled Loops and non-coordinated, standalone LNP), subject to exclusions specified below. · For purposes of these measurements (OP-8B and -8C), "trigger" refers to the "1 O-digit unconditional trigger" or Line Side Attribute (LSA) that is set or translated by Qwest. . "Scheduled start time" is defined as the confirmed appointment time (as stated on the FOC), or a newly negotiated time. In the case of LNP cutovers coordinated with loops, the scheduled time used in this measurement will be no later than the "lay" time for the loop. Reporting Period: One month Unit of Measure: Percent of triggers set on time Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Statewide leveL. individual CLEC results Formula: OP--8B = ((Number of LNP triggers set before the scheduled time for the coordinated loop cutover) 7 (Total Number of LNP activations coordinated with unbundled loops completed)) x 100 OP-8C = ((Number of LNP triggers set before the Frame Due Time or Scheduled Start Time) 7 (Total Number of LNP activations without loop cutovers completed)) x 100 Exclusions: · CLEC-caused delays in trigger setting. . LNP requests that do not involve automatic triggers (e.g., DID lines without separate, unique telephone num bers 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 PON (purchase order number) or STATE. - Records where triggers cannot be set due to switch capabilities. - Records with invalid due dates, application dates, or start dates. - Records with invalid completion dates. - Records missing data essential to the calculation of the measurement per the PID. - Invalid start/stop dates/times or invalid frame due or scheduled date/times. Product Reporting: None Standard:95% Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 50 OP-13 - Coordinated Cuts On Time - Unbundled Loop Purpose: Evaluates the percentage of coordinated cuts of unbundled loops that are completed on time, focusing on cuts completed within one hour of the committed order due time and the percent that were started without CLEC approvaL. Description: . Includes all LSRs for coordinated cuts of unbundled loops that are completed/closed during the reporting period, subject to exclusions specified below. . OP-13A - Measures the percentage of LSRs (CLEC orders) for all coordinated cuts of unbundled loops that are started and completed on time. For coordinated loop cuts to be counted as "on time" in this measurement, the CLEC must agree to the start time, and Qwest must (1) receive verbal CLEC approval before starting the cut or lifting the loop, (2) complete the physical work and appropriate tests, (3) complete the Qwest portion of any associated LNP orders and (4) call the CLEC with completion information, all within one hour of the time interval defined by the committed order due time. . OP-13B - Measures the percentage of all LSRs for coordinated cuts of unbundled loops that are actually started without CLEC approvaL. . "Scheduled start time" is defined as the confirmed appointment time (as stated on the FOC), or a newly negotiated appointment time. . The "committed order due time" is based on the number and type of loops involved in the cut and is calculated by adding the applicable time interval from the following list to the scheduled start time: - Analog unbundled loops:1 to 16 lines: 1 Hour 17 to 24 lines: 2 Hours 25+ lines: Project* - All other unbundled loops:1 to 5 lines: 1 Hour 6 to 8 lines: 2 Hours 9 to 11 lines: 3 Hours 12 to 24 lines: 4 Hours 25+ lines: Project* *For .Erojects 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 Qwests 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 I Unit of Measure: Percent Reporting Comparisons: CLEC Disaggregation Reporting: Statewide leveL. aggregate and individual CLEC Results for this measurement will be reported according to: results OP-13A Cuts Completed On Time OP-13B Cuts Started Without CLEC Approval Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 51 OP-13 - Coordinated Cuts On Time - Unbundled Loop (continued) Formula: OP-13A = ((Count of LSRs for Coordinated Unbundled Loop cuts completed "On Time") 7 (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) 7 (Total Number of LSRs for Coordinated Unbundled Loop Cuts completed in the reporting period)) x 100 . Exclusions: Applicable to OP-13A: . Loop cuts that involve CLEC-requested non-standard methodologies, processes, or timelines. OP-13A & OP-13B: . Records with invalid completion dates. . Records missing data essential to the calculation of the measurement per the PID which are not otherwise designated to be "counted as a miss". . Invalid startstop dates/times or invalid scheduled date/times. . Projects 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 Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 52 OP-15 - Interval for Pending Orders Delayed Past Due DatePurpose: . Evaluates the extent to which Qwests pending orders are late, focusing on the average number of days the pending orders are delaved past the Applicable Due Date, as of the end of the reporting period. Description: OP-15A - Measures the average number of business days 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 ilg!).Y. . 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 ía) 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: OP-15A - Average Business Days NOTE 2 OP-15B - Number of orders pending facilities Disaggregation Reporting: Statewide Reporting Comparisons: CLEC agg~egate, individual CLEC, Qwest retail Formula: OP-15A = ¿¡(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 application dates. . Records with invalid product codes. . Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 53 OP-15 - Interval for Pending Orders Delayed Past Due Date (continued) Product Reporting:Standards: OP-15B = diagnostic only For OP-15A: .Resale Residential sinqle line service Diagnostic Expectation: Parity with retail service Business sinqle line service Diagnostic Expectation: Parity with retail service Centrex Diagnostic Expectation: Parity with retail service Centex 21 Diagnostic Expectation: Parity with retail service PBX Trunk Diagnostic Expectation: Parity with retail service) Basic ISDN Diagnostic Expectation: Parity with retail service Primary ISDN Diaqnostic Expectation: Parity with retail service) DSO Diaqnostic (Expectation: Parity with retail service) DS1 Diaqnostic Expectation: Parity with retail service) DS3 and higher bit-rate services Diagnostic (Expectation: Parity with retail service) (agqregate) Frame Relay Diagnostic Expectation: Parity with retail service).Unbundled Network Element - Platform Diagnostic (Expectation: Parity with retail service) (UNE-P) (POTS). .Unbundled Network Element - Platform Diagnostic (Expectation: Parity with retail Centrex 21) (UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Diagnostic (Expectation: Parity with retail Centrex) (UNE-P) (Centrex).Line Splitting Diagnostic (Expectation: Parity with retail Res and Bus POTS).Loop Splittinq NuTE 3 Diagnostic.Line Sharing Diagnostic (Expectation: Parity with retail Res and Bus POTS).Sub-Loop Unbundlinq Diagnostic .LIS Trunks Diagnostic (Expectation: Parity with Feature Group 0 (aggregate)) (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 OS 1 level) Dark Fiber - 10F Diagnostic ..Unbundled Loops: Analog Loop Diagnostic (Expectation: Parity with retail Res and Bus POTS with dispatch) Non-loaded Loop (2-wire)Diagnostic (Expectation: Parity with retail ISDN BRI (designed)) Non-loaded Loop (4-wire)Diagnostic Expectation: Parity with retail OS 1 ) DS1-capable Loop Diagnostic (Expectation: Parity with retail DS1) ISDN-capable Loop Diagnostic (Expectation: Parity with ISDN BRI (desiqned)) ADSL-qualified Loop Diagnostic (Expectation: Parity with retail ISDN BRI (designed)) Loop types of DS3 or higher bit rate Diagnostic (Expectation: Parity with retail DS3 and (aqqreqate)hiqher bit-rate services (aqqreqate) Dark Fiber - Loop Diagnostic.E911/911 Trunks Diagnostic (Expectation: Parity with retail E911/911 Trunks).Enhanced Extended Loops (EELs)Diagnostic Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 54 OP-15 - Interval for Pending Orders Delayed Past Due Date (continued) Availability: Available Notes: 1. According to this definition, the Applicable Due Date can change, per successive customer-initiated due date changes or delays, up to the point when a Qwest-initiated due date change occurs. At that point, the Applicable Due Date becomes fixed (i.e., with no further changes) as the date on which it was set prior to the first Qwest-initiated due date change, if any. Following the first Qwest-initiated due date change, any further customer-initiated due date changes or delays are measured as time intervals that are subtracted as indicated in the formula. These delay time intervals are calculated as stated in the description. (Though infrequent, in cases where multiple Qwest- initiated due date changes occur, the stated method for calculating delay intervals is applied to each pair of Qwest-initiated due date change and subsequent customer-initiated due date change or delay. The intervals thus calculated from each pairing of Qwest and customer-initiated due dates are summed and then subtracted as indicated in the formula.) The result of this approach is that Qwest-initiated impacts on intervals are counted in the reported interval, and customer-initiated impacts on intervals are not counted in the reported intervaL. 2. For OP-15A, Saturday is counted as a business day for all non-dispatched orders for Resale Residence, Resale Business, and UNE-P (POTS), as well as for non-dispatched orders in the retail analogues specified above as standards. For all other non-dispatched products and for all dispatched products under OP-15A, Saturday is not counted as a business day. 3. Reporting will begin at the time CLECs order the product, in any quantity, forthree consecutive months. ' Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 55 OP-17 - Timeliness of Disconnects associated with LNP Orders Purpose: Evaluates the quality of Qwest completing LNP telephone number porting, focusing on the degree to which 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 p.m. MT on the current due date of the LNP order recorded by Qwest. OP-17B . Measures the percentage of all LNP telephone numbers (TNs), both stand alone and associated with loops, that are ported without the incidence of disconnects being made by Qwest before the scheduled time/date, as identified by associated qualifying trouble reports. - Includes only disconnects associated with untimely GLEG requests for delaying the disconnects. - A GLEG request for delay of disconnection is considered "untimely" if received by Qwest after 8:00 p.m. MT on the current due date of the LNP order recorded by Qwest and before 12:00 p.m. MT (noon) on the day after the current due date. . Disconnects are defined as the removal of switch translations, including the 1 O-digit trigger. . Disconnects that are implemented early, and thus counted as a "miss" under this measurement, are those that the GLEG identifies as such to Qwest via trouble reports, within four calendar days of the actual disconnect date, that are confirmed to be caused by disconnects being made before the scheduled time. . Includes all GLEG orders for LNP TNs completed in the reporting period, subject to exclusions specified below.Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: GLEG Aggregate Disaggregation Reporting: Statewide 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 Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 56 OP-17 - Timeliness of Disconnects associated with LNP Orders (continued) Exclusions: OP-17A only . Trouble reports notifying 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-17A & B . Trouble reports not related to valid requests (LSRs) for LNP and associated disconnects. . LNP requests that do not involve automatic triggers (e.g., 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-17A - 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, Eighth Amended Exhibit B June 26, 2007 Page 57 Maintenance and Repair MR-2 - Calls Answered within 20 Seconds - Interconnect Repair Center Purpose: Evaluates Customer access to Qwests 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) 7 (Total Calls received by Center)) x 100 Exclusions: Time spent in the VRU (Voice Response Unit) is not counted. Pr~uct Reporting: None Standard: Parity Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 58 MR-3 - Out of Service Cleared within 24 Hours Purpose: Evaluates timeliness of repair for specified services, focusing on trouble reports where the out-of- service trouble reports were cleared within the standard estimate for specified services (i.e., 24 hours for out-of-service conditions). Description: Measures the percentage of out of service trouble reports, involving specified services, that are cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers. · Includes all trouble reports, closed during the reporting period, which involve a specified service that is out-of-service (i.e., unable to place or receive calls), subject to exclusions specified below. · Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared.Reporting Period: One month I 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 trouble individual 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) -i (Total Number of Out of Service Trouble Reports closed in the reporting period)) x 100 Exclusions: · Trouble reports coded as follows: - For products measured from MT AS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider). - For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). · Subsequent trouble reports of any trouble before the original trouble report is closed. · Information tickets generated for internal Qwest system/network monitoring purposes. · Time delays due to "no access" are excluded from repair time for products/services listed in Product Reporting under "Zone-type Disaggregation". · For products measured from MT AS data (products listed for MSA-type disaggregation), trouble reports involving a "no access" delay. · Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. · Records involving official company services. · Records with invalid trouble receipt dates. · Records with invalid cleared or closed dates. . Records with invalid product codes. · Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 59 MR-3 - Out of Service Cleared within 24 Hours (Continued) Product Reporting:Standards: MSA-TvDe Disaaareaation - .Resale Residential sinç¡le line service Paritv with retail service Business sinç¡le line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service PBX Trunks Parity with retail service Basic ISDN Parity with retail service.Unbundled Network Element - Platform Parity with appropriate retail service (UNE-P) (POTS).Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex).Line Splittinq Parity with retail RES and BUS POTS .Loop Splittinq NOTE 1 Diagnostic.Line Sharing Parity with retail RES and BUS POTS .Sub-Loop Unbundling CO: Parity with retail ISDN-BRI All Other States: Diagnostic Zone-tvDe Disaaareaation - .Unbundled Loops Analoq Loop -Parity with retail Res and Bus POTS Non-loaded Loop (2 wire)Parity with retailISDN-BRI (desiqned) xDSL-1 capable Loop Parity with retail DS1 Private Line ISDN-capable Loop Parity with ISDN-BRI (designed) ADSL-qualified Loop Parity with retail ISDN-BRI (desiç¡ned) Availability:Notes: Available 1.Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 60 MR-4 - All Troubles Cleared within 48 hours Purpose: Evaluates timeliness of repair for specified services, focusing on trouble reports of all types (both out of service and service affecting) and on the number of such trouble reports cleared within the standard estimate for specified services-CLe., 48 hours for service-affectinq conditions). Description: Measures the percentage of trouble reports, for specified services, that are cleared within 48 hours of receipt of trouble reports from CLECs or from retail customers. · Includes all trouble reports, closed during the reporting period,which involve a specified service, subject to exclusions specified below. · Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month I 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 trouble individual 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, Eighth Amended Exhibit B June 26, 2007 Page 61 MR-4 - All Troubles Cleared within 48 Hours (Continued) Product Reporting:Standards: MSA-Tvoe 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 Splittinç¡Parity with retail RES and BUS POTS.Loop Splittinq NOTE 1 Diagnostic.Line Sharinq Parity with retail RES and BUS POTS.Sub-Loop Unbundlina Diagnostic Zone- TVDe Disaaareaation -.Unbundled Loops: Analoq Loop Parity with retail Res and Bus POTS Non-loaded Loop72 wire)Parity with retail ISDN-BRI (desiqned) xDSL-1 capable Loop Parity with retail DS1 Private Line ISDN-capable Loop Parity with retail ISDN-BRI (designed) ADSL-qualified Loop Parity with retail ISDN-BRI (designee!) Availability:Notes: Available 1.Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 62 MR-5 - All Troubles Cleared within 4 hours Purpose: Evaluates timeliness of repair for specified services, focusing on all trouble reports of all types (including out of service and service affecting troubles) and on the number of such trouble reports cleared within the standard estimate for specified services (i.e., 4 hours). Description: Measures the percentage of trouble reports for specified services that are cleared within 4 hours of receipt of trouble reports from CLECs or from retail customers..Includes all trouble reports, closed during the reporting period, which involve a specified service, subject to exclusions specified below..Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons:Disaggregation Reporting: Statewide leveL. CLECaggregate, individual Results for listed products will be disaggregated according to trouble CLEC and Qwest Retail results reports: MR-5A In Interval Zone 1 areas; and MR-5B In Interval Zone 2 areas. Formula: ((Number of Trouble Reports closed in the reporting period that are cleared within 4 hours) 7 (Total Trouble Reports closed in the reporting period)) x 100 Exclusions: .Trouble reports coded as follows: ~For products meašured using WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). .Subsequent trouble reports of any trouble before the original trouble report is closed..Information tickets generated for internal Qwest system/network monitoring purposes. .Time delays due to "no access" are excluded from repair time..Trouble reports on the day of installation before the installation work is reported by ,the technician/installer as complete..Records involving official company services. .Records with invalid trouble receipt dates. .Records with invalid cleared or closed dates..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 63 MR-5 - All Troubles Cleared within 4 hours (continued) Product Reporting:Standards: Zone-Type Disaggregation -.Resale Primary ISDN Paritv with retail service DSO Parity with retail service DS1 Parity with retail service DS3 and higher bit-rate services Parity with retail service (aggreqate) Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group 0 (aggregate).Unbundled Dedicated Interoffce Transport (UDIT) UDIT - DS1 level Parity with OS 1 Private Line Service UDIT - Above OS 1 level Parity with Private Line Services above DS1 level.Unbundled Loops: Non-loaded Loop (4-wire)Paritv with retail DS1 DS1-capable Loop Paritv with retail DS1 Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services (aqqreqate)-( aaareaate).E911/911 Trunks Parity with retail E911/911 Trunks.Enhanced Extended Loops (EELs) - (DSO Diagnostic level) .Enhanced Extended Loops (EELs) - (DS1 Parity with retail OS 1 Private Line level) .Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Availability:Notes: Available \/ Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 64 MR-6 - Mean Time to Restore Purpose: Evaluates timeliness of repair, focusing how lona it takes to restore services to proper operation. Description: Measures the time actually taken to clear trouble reports. · Includes all trouble reports closed during the reporting period, subject to exclusions specified below. · Includes customer direct reports, customer-relayed reports, and test assist reports that result in a trouble report. · Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month I Unit of Measure: Hours and Minutes Reporting Disaggregation Reporting: Statewide leveL. Comparisons: . Results for product/services listed in Product Reporting under "MSA-Type CLEC aggregate, Disaggregation" will be reported according to trouble reports involving: individual CLEC MR-6A Dispatches within MSAs; and Qwest Retail MR-6B Dispatches outside MSAs; and results 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 ZqlJ§L?- areas. Formula: ¿¡(Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) -; (Total number of Trouble Reports closed in the reporting period) Exclusions: · Trouble reports coded as follows: - For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider). - For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). · Subsequent trouble reports of any trouble before the original trouble report is closed. · Trouble reports from MTAS or WFA that are coded as No Trouble Found or Test Okay and with durations of less than or equal to 1 hour. · Information tickets generated for internal Qwest system/network monitoring purposes. · Time delays due to "no access" are excluded from repair time for products/services listed in Product Reporting under "Zone-type Disaggregation". · For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports involving a "no access" delay. · Trouble reports on the day of installation before the installation work is reported by the technicianlinstaller as complete. · Records involving offcial company services. · Records with invalid trouble receipt dates. · Records with invalid cleared or closed dates. · Records with invalid product codes. · Records missina data essential to the calculation of the measurement perthe PID. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 65 MR-6 - Mean Time to Restore (Continued) Product Reporting:Standards: MSA-Tvoe Disaaareaation - .Resale Residential single line service Parity with retail service Business sinqle line service Paritv with retail service Centrex Parity with retail service Centrex 21 Parity with retail service . PBX Trunks Parity with retail service Basic ISDN Paritv 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 Parity with retail RES and BUS POTS.Loop Splitting NOTE 1 Diagnostic.Line Sharing Parity with retail RES and BUS POTS.Sub-Loop Unbundling CO: Parity with retail ISDN-BRI All Other States: Diagnostic Zone- Tvne Disaaareoation - .Resale Primary ISDN Parity with retail service DSa Parity with retail service-DS1 Paritv 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 - DS1 level Paritv with retail DS1 Private Line UDIT - Above DS 1 level Paritv with retail Private Lines above DS1 level Dark Fiber - 10F Diaqnostic.Unbundled Loops: Analog Loop Parity with retail Res and Bus POTS Non-loaded Loop (2-wireY Parity with retail ISDN BRI (desiqned) Non-loaded LoopT4-wireT Parity with retail DS1 Private Line DS 1-capable Loop Parity with retail DS1 Private Line xDSL-1 capable Loop Parity with retail DS1 Private Line ISDN-capable Loop Parity with retail ISDN BRI (desiqned) ADSL-qualified Loop Parity with retail ISDN BRI (designed) Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (açigregate)Line services (aqqreqate) Dark Fiber - LOOD Diaqnostic.E911/911 Trunks Parity with retail E911/911 Trunks.Enhanced Extended Loops (EELs) - (DSa Diagnostic level) .Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Qwestldaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 66 MR-6 - Mean Time to Restore (Continued) Availability: Notes: Available 1. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 67 MR.? - Repair Repeat Report Rate Purpose: Evaluates the accuracy of repair actions, focusing on the number of repeated trouble reports received for the same line/circuit within a specified period (30 calendar davs). 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 Owest 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 Owest 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 Unit of Measure: Percent arrears (i.e., results first appear in reports one month later than results for measurements that are not reported in arrears), in order to cover the 30-dav period followinq the initial trouble report. Reporting Disaggregation Reporting: Statewide leveL. Comparisons: . Results for product/services listed in Product Reporting under "MSA-Type CLEC 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. Owest 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. Formula: ((Total trouble reports closed within the reporting period that had a repeated trouble report received within 30 calendardays of when the initial trouble report closed) 7 (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-Owest (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 Owest 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. Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 68 MR-? - Repair Repeat Report Rate (Continued) .Records with invalid cleared or closed dates..Records with invalid product codes. .Records missinçi data essential to the calculation of the measurement per the PID. Product Reporting:Standards: MSA~Tvoe 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 retail Res and Bus POTS .Loop Splitting NOTE 1 Diagnostic .Line Sharing AZ & CO: Parity with retail Res and Bus POTS All Other States: Diagnostic Comparison with retail Res and Bus POTS.Sub-Loop Unbundling CO: Parity with Retail ISDN-BRI All Other States: Diagnostic Zone-Tvoe Disaaareaation - .Resale Primary ISDN Parity with retail service DSO Paritv with retail service DS1 Paritv with retail service DS3 and higher bit-rate services Parity with retail service (aggreçiate )- Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group 0 (aggregate).Unbundled Dedicated Interoffice Transport (UDIT) UDIT - DS1 level Parity with retail DS1 Private Line UDIT - Above DS1 level Parity with retail Private Lines above DS1 level Dark Fiber - IOF Diaqnostic.Unbundled Loops: Analoq Loop Parity with retail Res and Bus POTS Non-loaded Loop (2-wire)Parity with retail ISDN BRI (desiçined) Non-loaded Loop (4-wire)Parity with retail OS 1 Private Line OS 1-capable Loop Parity with retail DS1 Private Line xDSL-1 capable Loop Paritv with retail OS 1 Private Line ISDN-capable Loop Paritv with retail ISDN BRI (desiçined) ADSL-qualified Loop Paritv with retail ISDN BRI (desiçined) Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (aggreçiate)Line services (aggregate) Dark Fiber - Loop Diagnostic.E911/911 Trunks Parity with retail E911/911 Trunks Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 69 MR-7 - Repair Repeat Report Rate (Continued) .Enhanced Extended Loops (EELs) - (DSO Diagnostic level) .Enhanced Extended Loops (EELs) - (DS1 Parity with retail OS 1 Private Line level) .Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Availability:Notes: Targeted availability with July 2004 1.Reporting will begin at the time CLECs order results reported in September 2004 the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 70 MR-8 - Trouble Rate Purpose: Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or element. Description: Measures trouble reports by product and compares them to the number of lines in service. .Includes all trouble reports closed during the reporting period, subject to exclusions specified below..Includes all applicable trouble reports, including those that are out of service and those that are only service-affecting. 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) 7 (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 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).-For products measured from WFA data trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE)..Subsequent trouble rep..rts of any trouble before the original trouble report is closed..Information tickets generated for internal Qwest system/network monitoring purposes..Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete..Records involving official company services..Records with invalid trouble receipt dates..Records with invalid cleared or closed dates. '.Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 71 MR-8 - Trouble Rate (continued) Product Reporting:Standards: .Resale Residential sinqle line service Paritv with retail service Business sinqle line service Paritv with retail service Centrex Paritv with retail service Centrex 21 Paritv with retail service PBX Trunks Parity with retail service Basic ISDN Parity with retail service Primary ISDN Parity with retail service DSO Parity with retail service DS1 Parity with retail service DS3 and higher bit-rate services Parity with retail service (aqqreqate) Frame Relav Paritv 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 Splittng Parity with retail RES and BUS POTS.Loop Splittinq NOTE 1 Diagnostic .Line Sharing Parity with retail RES and BUS POTS .Sub-Loop Unbundling CO: Parity with retail ISDN-BRI All Other States: Diaqnostic.LIS Trunks Parity with Feature Group 0 (aggregate).Unbundled Dedicated Interoffce Transport (UDIT) UDIT - DS1 level Parity with retail DS1 Private Line Service UDIT - Above DS1 level Paritv with retail Private Lines above OS 1 level Dark Fiber - 10F Diaqnostic.Unbundled Loops: Analoq Loop Paritv with retail Res and Bus POTS Non-loaded Loop (2-wire)Paritv with retail ISDN BRI (desiqned) Non-loaded Loop (4-wire)Paritv with retail DS1 Private Line OS 1-capable Loop Paritv with retail DS1 Private Line xDSL-1 capable Loop Paritv with retail DS1 Private Line ISDN-capable Loop Paritv with retail ISDN BRI (desiqned) ADSL-qualified Loop Paritv with retail ISDN BRI (desiqned) Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services (aç¡gregate)(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 OS 1 Private Line level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 72 MR-8 - Trouble Rate (continued) Availability: Available Notes: 1. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 73 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 I 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 MSAs; results MR-9B Dispatches outside MSAs; and MR-9C No dispatches. Formula: ((Total Trouble Reports Cleared by appointment date and time) -T (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-P) (POTS)Availabilty: Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 74 MR-10 - Customer and Non-Qwest Related Trouble Reports Purpose: Evaluates the extent that trouble reports were customer related, and provides diagnostic information to help address potential issues that might be raised by the core maintenance and repair performance indicators. Description: Measures the percentage of all trouble reports that are attributed to the customer as a percentage of all trouble reports resolved during the reporting period, subject to exclusions specified below. Includes trouble reports closed during the reporting period coded as follows:.For products measured from MTAS data, trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant, Trouble Beyond the Network Interface; and Miscellaneous - Non- Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider) and trouble reports involving a "no access" delay for MSA type disaggregated products..For products measured from WFA (Workforce Administration) data trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Eauioment (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) 7 (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 technicianlinstaller as complete. Qwest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 75 MR-10 Customer and Non-Qwest Related Trouble Reports (continued) Product Reportina:Standards:.Resale Residential sinale line service Diaanostic Business sinale line service Diaanostic Centrex Diaanostic Centrex 21 Diaanostic PBX Trunks Diaanostic Basic ISDN Diaanostic.Unbundled Network Element - Platform Diagnostic (UNE-P) (POTS).Unbundled Network Element - Platform Diagnostic (UNE-P) (Centrex 21 ) .Unbundled Network Element - Platform Diagnostic (UNE-P) (Centrex).Resale Primarv ISDN Diaanostic DSO Diaanostic DS1 Diagnostic DS3 and higher bit-rate services Diagnostic (aggreqate) Frame Relay Diagnostic.LIS Trunks Diagnostic.Unbundled Dedicated Interoffice Transport !UDIT) UDIT - DS1 level Diagnostic UDIT - Above DS1 level Diaanostic.Unbundled Loops:- Analoq Loop Diagnostic Non-loaded Loop !2-wire)Diagnostic Non-loaded Loop (4-wire)Diagnostic DS1-capable Loop Diagnostic xDSL-1 capable Loop Diagnostic ISDN-capable Loop Diaanostic ADSL-qualified LOOD Diaanostic Loop types of DS3 and higher bit-rates Diagnostic (aggregate).E911/911 Trunks Diagnostic Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 76 MR-11 - LNP Trouble Reports Cleared within Specified Timeframes Purpose: Evaluates timeliness of clearing LNP trouble reports, focusing on the degree to which residence and business, disconnect-related, out-of-service trouble reports are cleared within four business hours and all LNP-related trouble reports are cleared within 48 hours. Description: MR-11A: Measures the percentage of specified LNP-only (i.e., 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 day, 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) -T (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) -T (Total Number of specified LNP-only Trouble Reports closed in the reporting period)) x 100 .,. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 77 MR-11 - LNP Trouble Reports Cleared within Specified Timeframes (Continued) Exclusions: · Trouble reports attributed to customer or non-Qwest reasons · Trouble reports not related to valid requests (LSRs) for LNP and associated disconnects. · Subsequent trouble reports of LNP trouble before the original trouble report is closed. · For MR-11 B only: Trouble reports involving a "no access" delay. · Information tickets generated for internal Qwest system/network monitoring purposes. · Records involving official company services. · Records with invalid trouble receipt dates. · Records with invalid cleared or closed dates. · Records with invalid product codes. · Records missing data essential to the calculation of the measurement per the PID. Product Reporting: LNP Standards: MR-11A: · If OP-17 result meets its standard, the MR-11 A 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-3C results for Retail Residence and Business MR-11B: · 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-4C results for Retail Residence and Business * Based on MR-11A denominator. Based on MR-11 B denominator. Availability: Available Notes: Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 78 Biling BI-1 - Time to Provide Recorded Usage Records Purpose: Evaluates the timeliness with which Qwest 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 industry standard electronically transmitted usage records for feature group switched access, NOTE 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 Qwest or IXC providing access, usually via 2-way Feature Group X trunk groups for Feature Group A, Feature Group B, 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 electronicålly transmitted usage records for feature group switched access, NOTE 1 subject to exclusions specified below..BI-1 C-2 - Measures recorded daily usage for UNEs and Resale and includes industry standard electronically transmitted usage records for local measured usage, local message usage, toll usage, and local exchange service components priced on a per-use basis, subject to exclusions specified below. Reporting Period: One morith Unit of Measure: BI-1A, BI-1C-1, BI-1C-2:Average R, ,,,in,,,,,, Davs BI-1B:Percent Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: State leveL. individual CLECs, and Qwest Retail results Formula: BI-1A, BI-1 C-1, BI-1 C-2 (for specified products & records) = ¿(Date Record Transmitted ormade available - Date Usage Recorded) 7 (Total number of records) BI-1 B = ((# of daily usage records for Jointly provided switched access sent within four days) 7 (Total daily usage records for Jointly provided switched access in the report periodH x 100 Exclusions: .Instances where the CLEC requests other than daily usage transmission or availability..Duplicate records. Product Reporting:Standards:.UNEs and Resale BI-1 A: Parity with Qwest retaiL..Jointly-provided Switched Access BI-1 B: 95% within 4 business days BI-1C-1, BI-1C-2: Diagnostic Comparison with the Qwest Retail results used in standard for BI-1A Availability:Notes: Available 1."Feature group switched access" includes all type 110XXX detail records for Feature Groups A, B, C, and D. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 79 BI-2 - Invoices Delivered within 10 Days Purpose: Evaluates the timeliness with which Qwest delivers industry standard electronically transmitted bills to CLECs, focusinQ on the percent delivered within ten calendar days. Description: Measures the percentage of invoices that are delivered within ten days, based on the number of days between the bill date and bill delivery. .Includes all industry standard electronically transmitted invoices for local exchange services and toll, subject to exclusions specified below. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: Combined Qwest Disaggregation Reporting: State level Retail/CLEC results (Parity by design) Formula: ((Count of Invoices for which Bill Transmission Date to Bill Date is ten calendar days or less) 7 (Total Number of Invoices)J 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. Availabilty:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 80 BI-3 - Billng Accuracy - Adjustments for Errors Purpose: Evaluates the accuracy with which Qwest bills CLECs, focusing on the percentage of billed revenue adjusted due to errors. Description: Measures the billed revenue minus amounts adjusted off bills due to errors, as a percentage of total billed revenue..Both the billed revenue and amounts adjusted off bills due to error are calculated from bills rendered in the reporting period.."Amounts adjusted off bills due to errors" is the sum of all bill adjustments made in the reporting period that involve, either in part or in total, adjustment codes related to billing errors. (Each adiustment thus aualifvina is added to the sum in its entiretv.) Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: State leveL. individual CLECs, and Qwest Retail results Formula: (¿(Total Billed Revenue Billed in Reporting Period - Amounts Adjusted Off Bills Due to Errors) -T (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: 98%.BI-3B - Reciprocal Compensation Minutes of .BI-3B - Reciprocal Compensation (MOU) - Use (MOU)95% Availability:Notes: Available Qwest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 81 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 traffc over Qwests 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 = (¿)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 7 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 = (¿(Revenue for Local Minutes of Use billed on the correct* bill 7 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, Eighth Amended Exhibit B June 26,2007 Page 82 Database Updates DB.1 - Time to Update Databases Reporting Comparisons: DB-1A - E911: Combined results for Qwest Retail and Reseller CLEC Aggregate; DB-1 B - L1DB: Combined results for all Qwest Retail, Reseller CLEC and Facilities Based CLEC updates; DB-1C-1 - Listings: Combined results for all Provider types including Qwest Retail, Reseller CLEC, and Facilities Based CLEC, ILEC and Unknown Provider, Electronically Submitted, Electronically Processed updates, NOTE 1 Purpose: Evaluates the time required for updates to the databases of E911, L1DB, and Directory Builder. Description: · Measures the average time required to update the databases of E911, L1DB, 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 totallinq the update times from individual E911 database update records.Reporting Period: One month Unit of Measure: E911 - Hrs: Mins. L1DB & Directory Listinqs - Seconds Disaggregation Reporting: DB-1A E911 for Qwest Retail and Reseller CLEC-State level DB-1 B: L1DB for Qwest Retail, Reseller CLEC and Facilities Based CLEC - Multi state region-wide level DB-1 C-1: Listings for all Provider types including Qwest Retail, Reseller CLEC, and Facilities Based CLEC, ILEC and Unknown Provider, Electronically Submitted, Electronically Processed- Sub-region applicable to state Formula: ¿((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)) 7 Total database updates as specified under Disaggregation Reporting completed in the reporting period Exclusion: · Invalid startstop dates/times. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 83 DB.1 - Time to Update Databases (continued) Product Reporting:Standards: Not applicable (Reported by database type)DB-1A-E911: Parity by design DB-1B-L1DB: Parity by design DB-1 C-1 - Listings: Parity by design Availability:Notes: Available 1.Because they cannot be separated, results for Qwest Retail, Reseller CLEC, Facilities-based CLECs, ILEC and Unknown Provider updates are reported combined within these disaggregations. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 84 DB-2 - Accurate Database Updates Purpose: Evaluates the accuracv 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-1, Listings for Qwest Retail, Reseller Qwest Retail, Reseller CLEC and Facilities-CLEÇ, 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 -7 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 1.Qwest retail and Reseller CLECs are parity by design.Because Facilities-based CLEC Electronically Submitted, Electronically Processed cannot be separated out from Reseller CLECs they are reported combined within this disaggregation. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 85 Directory Assistance DA-1 - Speed of Answer - Directory Assistance Purpose: Evaluates timeliness of customer access to Qwests Directory Assistance operators, focusing on how Ion a 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 agenUsystem 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 (10-second snapshot), and this count is multiplied by 10 to get a measurement of waiting intervals..Using this method, calls that enter the queue after a sample is taken but exit before the next sample is taken are not counted, i.e., are effectively counted as a zero interval.However, this situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling time, and which are counted as 10 seconds. The call intervals shorter than 10 seconds that are counted as 10 seconds are offset bv those calls shorter than 10 seconds that are not counted. Reporting Period: One month Unit of Measure: Seconds Reporting Comparisons: Results for Qwest and Disaggregation Reporting: all CLECs are combined.Sub-region applicable to state - Formula: ¿((Date and Time of Call Answer) - (Date and Time of First Ring)) 7 (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 I I Qwestldaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 86 Operator Services OS-1 - Speed of Answer - Operator Services Purpose: Evaluates timeliness of customer access to Qwests operators, focusing on how long it takes for calls to be answered. Description: Measures the time following first ring until a call is answered by the Qwest agent..Includes all calls to Qwests 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 (10-second snapshot), and this count is multiplied by 10 to get a measurement of waiting intervals. .Using this method, calls that enter the queue after a sample is taken but exit before the next sample is taken are not counted, i.e., are effectively counted as a zero interval.However, this situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling time, and which are counted as 10 seconds. The call intervals shorter than 10 seconds that are counted as 10 seconds are offset by those calls shorter than 10 seconds that are not counted. Reporting Period: One month Unit of Measure: Seconds Reporting Comparisons: Qwest 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)) 7 (Total Calls Answered by Center) Exclusions: Abandoned Calls are not included in the total number of calls answered by the center. Product Reporting: None Standard:Parity by design Availability:Notes: Available Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 87 Network Performance NI.1 - Trunk Blocking Purpose: Evaluates factors affecting completion of calls from Qwest end offices to CLEC end offices, compared with the completion of calls from Qwest end offces to other Qwest end offices, focusing on average busy-hour blockinq percentaqes in interconnection or interoffce final trunks. Description: Measures the percentage of trunks blocking in interconnection and interoffce final trunks. · Includes blocking percentages on all direct final and alternate final interconnection and interoffice trunk groups that are in service during the reporting 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-1B LIS trunks to Qwest end offices, with TGSR-related exclusions applied as specified below; NI-1C LIS trunks to Qwest tandem offices, without TGSR-related exclusions; NI-1D LIS trunks to other Qwest end offices, without TGSR-related exclusions. Formula: HI(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 GroupsH 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-1B only: · 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; or c) Notification of traffc re-routing (as described in Note 1 below)~ For NI-1A, NI-1B, NI-1C, 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 lf to five months after the month the LIS requests could not be fulfilled, whichever is sooner NOT \ 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, Eighth Amended Exhibit B June 26, 2007 Page 88 NI-1 - Trunk Blocking (Continued) · Trunk groups recently activated that have not been in service for a full "20-high-day, busy hour" review period. · Toll trunks, non-final trunks, and trunks that are not connected to the public switched network. · One-way trunks originating at GLEG end offices. · Qwest official services trunks, local interoffice operator and directory assistance trunks, and local interoffce 911 /E911 trunks. · Records with invalid product codes. · Records missinçi data essential to the calculation of the measurement per the PIO. Product Reporting: Standards: LIS Trunks Where NI-1A ~ 1%: Where NI-1A ~ 1%: Where NI-1B ~ 1%: Where NI-1B ~ 1%: NI-1G and NI-1D: 1 % Parity with Qwest Interoffice Trunks to tandems 1 % Parity with Qwest Interoffice Trunks to end offices 0, t' NOTE 5iagnos ic Availabilty: Available 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 traffc 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 c;ounted 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.g., "customer not ready" in advance of a due date) that do not contribute to a Qwest-established due date being missed shall not be counted as a GLEG delay in this measurement. 4. The limitation on part (3) of this exclusion is intended to bound its applicability to a period of time that treats the unforecasted ASR as if it were, in effect, the first forecast for the facilities needed. a) Given that forecast advance intervals are currently six months, this provision allows the exclusion to apply for no longer than that period of time, b) Nevertheless, this limitation to the exclusion also recognizes that facilities may become available sooner and, if so, reduces the limitation accordingly. In that context, this limitation recognizes that, absent a GLEG forecast, Qwest still retains a responsibility to provide facilities for the ASR, although in a longer timeframe than for ASRs covered by forecasts. NI-1G and NI-10 will be reported for information purposes only, with no standard to be applied. c) This limitation may change depending on the outcome of separate workshops dealing with issues of interconnection forecasting. 5. NI-1G and NI-10 will be reported for information purposes only, with no standard to be applied. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 89 Np.1 - NXX Code Activation Purpose: Evaluates the timeliness of Qwests 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 Qwest-caused Interconnection facility delays, subject to exclusions shown below. Included among activations counted as a Qwest delay in this sub-measurement are cases in which "2-6 codes" NOTE 1 associated with the Qwest interconnection facilities are provided late by Qwest to the CLEC. · Qwest must receive complete and accurate routing information required for code activation, which includes but is not limited to "2-6 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 CLEC-initiated renegotiation of the activation effective date that is no less than 25 days after Qwest receives complete and aCCurate routing information required for code activation, which includes but is not limited to "2-6 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 Qwest. · 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: CLEC aggregate, Disaggregation Reporting: Statewide. individual CLEC and Qwest 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 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 Qwest 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 Qwest 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 QWEST received complete and accurate routing information required for code activations less than 25 days prior to the LERG due date or Revised due date. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 90 NP-1 - NXX Code Activation (continued) Product Reporting: None Standards: NP-1A: Parity NP-1B: Diaqnostic Availability:Notes: Available 1."2-6 codes" are industry-standard designators for local interconnection trunk groups, consisting of 2 alpha letters and six numeric digits. 2.Only Qwest-provided interconnection facilities are noted in this exclusion, because delays related to facilities provided by CLECs or others are accounted for by revising the due date. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 91 Collocation CP-1 - Collocation Completion Interval Purpose: Evaluates the timeliness of Qwests 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 Qwests completion of the collocation installation. · Includes all collocations of types specified herein that are assigned a Ready 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 "Ready For Service" as defined in the Definition of Terms section herein. · Establishment of RFS Dates: RFS dates are established according to intervals specified in interconnection agreements. Where an interconnection agreement does not specify intervals, or where the CLEC requests, RFS dates are established as follows: · Collocation Applications with Timely Quote Acceptance and, for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in seven or fewer calendar days after the quote date and, for virtual collocations, where the CLEC provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date, the RFS date shall be: Forecasted Collocations: 90 calendar days after the Collocation Application Date for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 120 calendar days after the Collocation Application Date for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. · Collocation Applications with Late Quote Acceptance and, for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in eight or more calendar days after the quote date and, for virtual collocations, where the CLEC provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date, the RFS date shall be: Forecasted Collocations: 90 calendar days after the quote acceptance date for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 120 calendar days after the quote acceptance date for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. · Virtual Collocation Applications with Timely Quote Acceptance and Late Equipment Ready - for virtual collocation applications where the CLEC (1) accepts the quote in seven or fewer calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Application Date, the RFS date shall be: Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest, for Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 92 CP-1 - Collocation Completion Interval (continued) collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. · Virtual Collocation Applications with Late Quote Acceptance and Late Equipment Ready:' for virtual collocation applications where the CLEC (1) accepts the quote in eight or more calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Application Date, the RFS date shall be: - Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. - Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. · All Collocations (physical, virtual, forecasted, or unforecasted) requiring Major 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 CLEC-caused delay, the RFS Date is rescheduled · RFS dates may be extended beyond the above intervals for CLEC reasons, or for reasons beyond Qwests 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-1A Measures collocation installations for which the scheduled interval from Collocation Application Date to RFS date is 90 calendar days or less. CP-1B 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-1A, CP-1 Band CP-1C) ¿((Collocation Completion Date) - (Complete Application Date)) 7 (Total Number of Collocations Completed in Reporting Period) Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 93 CP-1 - Collocation Completion Interval (continued) Exclusions: · CP-1A: CLEC collocation applications with RFS dates yielding scheduled intervals longer than 90 calendar days from Collocation Application Date to RFS date. · CP-1 B: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 91 calendar days or longer than 120 calendar days from Collocation Application Date to RFS date. · CP-1 C: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 121 calendar days or longer than 150 calendar days from Collocation Application Date to RFS date. · Cancelled or expired applications. Product Reporting: None Standards: CP-1A: 90 calendar days CP-1 B: 1.20 calendar days CP-1 C: 150 calendar days Availability: Available Notes: 1. Collocations covered by this measurement are central office related. As additional types of central office collocation are defined and offered, they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms, conditions, and processes .for such collocation types become finalized, accepted, mature (i.e., six months of experience from first installations), and ordered in volumes warranting reporting (i.e., consistently more than two per month in any state). Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 94 CP-2 - Collocations Completed within Scheduled Intervals Purpose: Evaluates the extent to which Qwest completes collocation arrangements for CLECs within the standard intervals or intervals established in interconnection aqreements. Description: Measures the percentage of collocation applications that are completed within standard intervals, including intervals set forth in interconnection agreements. · Includes all collocations of types specified herein that are assigned a Ready for Service Date RFS date by Qwest and that are completed within the reporting period, including those with CLEC-requested RFS dates longer than the standard interval and those with extended RFS dates negotiated with the CLEC (including supplemented collocation orders that extend the RFS date) subject to exclusions specified below. Collocation types included are: physical ca~eless, physical caged, shared physical caged, physical-line sharing, cageless-line sharing, and virtuaL. OTE 1 · The Collocation Application Date is the date Qwest receives from the CLEC a complete and valid application for collocation. In cases where the CLEC's collocation application is received by Qwest on a weekend or holiday, the Collocation Application Date is the next business day following the weekend or holiday. · Major Infrastructure Modifications are defined as conditioning the collocation space, obtaining permits, and installing DC power plant, standby generators, heating, venting or air conditioning equipment. · A collocation arrangement is counted as met under this measurement if its RFS date is met. · Establishment of RFS Dates: RFS dates are established as follows, except where interconnection agreements require different intervals, in which case the intervals specified in the interconnection agreements apply: · Collocation Applications with Timely Quote Acceptance and, for Virtual Collocations, also with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in seven or fewer calendar days after the quote date and, for virtual collocations, where the CLEC provides the equipment to be collocaled 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 Ri=S 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, Eighth Amended Exhibit B June 26,2007 Page 95 CP-2 - Collocations Completed within Scheduled Intervals (continued) virtual collocation applications where the CLEC (1) accepts the quote in eight or more calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Application Date, the RFS date shall be: - Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date, - Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. · All Collocations (physical, virtual, forecasted, ,or unforecasted) requiring Major 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-2A, -2B, or -2C according to the criteria specified below for these measurements. · Where there is a CLEC-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-2A 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-2B 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-2C 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 Period: One month I Unit of Measure: Percent Disaggregation Reporting: Statewide leveL.Reporting Comparisons: CLEC aggregate and individual CLEC results Formula: (for CP-2A, Cpc2B 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 Qwests control. · Cancelled or expired requests. Product Reporting: None Standards: CP-2A & -2B: 90% CP-2C: 90% Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 96 CP-2 - Collocations Completed within Scheduled Intervals (continued) Availability: Available Notes: 1. Collocations covered by this measurement are central offce related. As additional types of central office collocation are defined and offered, they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms, conditions, and processes for such collocation types become finalized, accepted, mature (i.e., six months of experience from first installations), and ordered in volumes warranting reportinq (i.e., consistently more than two per month in any state). Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 97 CP-3 - Collocation Feasibility Study Interval Purpose: Evaluates the timeliness of the Qwest sub-process function of providing a collocation feasibility study to the CLEC. Description: Measures average interval to respond to collocation studies for feasibility of installation. .Includes feasibility studies, for collocations of types specified herein that are completed in the reporting period, subject to exclusions specified below. Collocation types included are: physical cageless, lhysical caged, shared physical caged, physical-line sharing, cageless-line sharing, and virtuaL. NOT 1.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 busifless day following 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 CLEe) -(Date Qwest receives CLEC request for Feasibility Study)) 7 (Total Feasibility Studies Completed in the Reporting Period) Exclusions:.CLEC-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 1.Collocations covered by this measurement are central office related. As additional types of central offce collocation are defined and offered, they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms, conditions, and processes for such collocation types become finalized, accepted, mature (i.e., six months of experience from first installations), and ordered in volumes warranting reporting (i.e., consistently more than two per month in any state). Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 98 CP-4 - Collocation Feasibility Study Commitments Met Purpose: Evaluates the degree that Owest completes the sub-process function of providing a collocation feasibilitv 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 day 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) -T (Total applicable Collocation Feasibility studies completed in the reporting period)) x 100 Exclusions: None Product Reporting: None Standard:90 percent or more Availabilty: Available Notes: 1. Collocations covered by this measurement are central office related. As additional types of central office collocation are defined and offered, they will be included in this measurement. Non-central office-based types of collocation (such as remote collocation and field connection points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms, conditions, and processes for such collocation types become finalized, accepted, mature (i.e., six months of experience from first installations), and ordered in volumes warranting reporting (i.e., consistently more than two per month in any state). Owest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 99 DEFINITION OF TERMS Application Date (and Time) - The date (and time) on which Qwest receives from the CLEC a complete and accurate local service request (LSR) or access service request (ASR) or retail order, subject to the foiiowing: · 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-P, 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 (ALI) - 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. ALI 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. Bil Date - The date shown at the top of the bill, repFesenting the date on which Qwest 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 Qwest is normally open for business. Business Day = Monday through Friday, excluding weekends and Qwest published Holidays including New Year's Day, Memorial Day, July 4th, 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 traffc of both the ILEC and several CLECs. Completion - The time in the order process when the service has been provisioned and service is available. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 100 DEFINITION OF TERMS (continued) Completion Notice - A notification the ILEC provides to the CLEC to inform the CLEC that the requested service order activity is complete. Coordinated Customer Conversion -- Orders that have a due date negotiated between the ILEC, the CLEC, and the customer so that work activities can be performed on a coordinated basis under the direction of the receiving carrier. Customer Requested Due Date - A specific due date requested by the customer which is either shorter or longer than the standard interval or the interval offered by the ILEC. Customer Trouble Reports - A report that the carrier providing the underlying service opens when notified that a customer has a problem with their service. Once resolved, the disposition of the trouble is changed to closed. Dedicated Transport - A network facility reserved to the exclusive use of a single customer, carrier or pair of carriers used to exchange switched or special, local exchange, or exchange access traffic. Delayed Order - An order which has been completed after the scheduled due date and/or time. Directory Assistance Database - A database that contains subscriber records used to provide live or automated operator-assisted directory assistance. Including 411,555-1212, NPA-555-1212. Directory Listings - Subscriber information used for DA and/or telephone directory publishing, including name and telephone number, and optionally, the customer's address. DS-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 Facilties - A shortage of cable facilities identified after a due date has been committed to a customer, including the CLEC. The facilities shortage may be identified during the inventory assignment process or during the service installation process, and typically triggers a jeopardy. Local Exchange Routing Guide (LERG) - A Bellcore master file that is used by the telecom industry to identify NPA-NXX routing and homing information, as well as network element and equipment designations. The file also includes scheduled network changes associated with activity within the North American Numbering Plan (NANP). Local Exchange Traffic - Traffic originated on the network of a LEC in a local calling area that terminates to another LEC in a local calling area. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 101 DEFINITION OF TERMS (continued)? Local Number Portability (formerly defined under Permanent Number Portability and also known as - Long Term Number Portability) - A network technology which allows end user customers to retain their telephone number when moving their service between local service providers. This technology does not employ remote call forwarding, but actually allows the customer's telephone number to be moved and redefined in the network of the new service provider. The activity to move the telephone number is called "porting." Local Service Request (LSR) - Transaction sent from the CLEC to the ILEC to order services or to request a change(s) be made to existing services. MSAlNon-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 bas,ed 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 "0", "E", 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.g., 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.g., 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 Qwests published standard installation intervals for such telephone service). Ready for Service Date (RFS dat~) - The d~e 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, .e.g., 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, Eighth Amended Exhibit B June 26,2007 Page 102 DEFINITION OF TERMS (continued) Service Order Type - The designation used to identify the major types of provisioning activities associated with a local service request. Standard Interval - The interval that the ILEC publishes as a guideline for establishing due dates for provisioning a service request. Typically, due dates will not be assigned with intervals shorter than the standard. These intervals are specified by service type and type of service modification requested. ILECs publish these standard intervals in documents used by their own service representatives as well as ordering instructions provided to CLECs in the Qwest Standard Interval Guidelines. Subsequent Reports - A trouble report that is taken in relation to a previously-reported trouble prior to the date and time the initial report has a status of "closed." Tandem Switch - Switch used to connect and switch trunk circuits between and among Central Office switches. Time to Restore - The time interval from the receipt, by the ILEC, of a trouble report on a customer's service to the time service is fully restored to the customer. Unbundled Network Element - Platform (UNE-P) - Combinations of network elements, including both new and conversions, involving POTS (i.e., basic services providing dial tone). Unbundled Loop - The Unbundled Loop is a transmission path between a Qwest Central Offce Distribution Frame, or equivalent, and the Loop Demarcation Point at an end user premises. Loop Demarcation Point is define.d as the point where Qwest owned or controlled facilities cease, and CLEC, end user, owner or landlord ownership of facilities begins. Usage Data - Data generated in network nodes to identify switched call data on a detailed or summarized basis. Usage data is used to create customer invoices for the calls. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 103 GLOSSARY OF ACRONYMS ACRONYM DESCRIPTION ACD Automatic Call Distributor ADSL Asvmmetric Diqital Subscriber Line ALI Automatic Line Information (for 9111E911 systems) ASR Service Request (processed via Exact system) BRI Basic Rate Interface (tvpe of ISDN service) . CABS Carrier Access Billina Svstem CKT Circuit CLEC Competitive Local Exchanqe Carrier CO Central Office CPE Customer Premises Equipment CRIS Customer Record Information System CSR Customer Service Record DA Directorv Assistance DB Decibel DB Database DSO Diqital Service 0 DS1 Diaital Service 1 DS3 Diaital Service 3 E911 MS E911 Manaqement System EAS Extended Area Service EB-TA Electronic Bondina - Trouble Administration EDI Electronic Data Interchanqe EELS Enhanced Extended Loops ES Emerqencv Services (for 911/E911) FOC Firm Order Confirmation GUI Graphical User Interface HDSL High-Bit-Rate Digital Subscriber Line HICAP High Capacity Digital Service . ,IEC Interexchanqe Carrier ILEC Incumbent Local Exchange Carrier INP Interim Number Portabilitv 10F Interoffice Facilities (refers to trunk facilities located between Qwest central offces) ISDN Inteqrated Services Diqital Network IMA Interconnect Mediated Access LATA Local Access Transport Area LERG Local Exchange Routing Guide L1DB Line Identification Database LIS Local Interconnection Service Trunks LNP Long Term Number Portability LSR Local Service Request N, T,C Service Order Types - - N (new), T (to or transfer), C (chanqe) NANP North American Numberinq Plan NOM Network Data Mover NPAC Number Portabilitv Administration Center NXX Telephone number prefix OBF Orderina and Billinq Forum OOS Out of service (tvpe of trouble condition) OSS Operations Support Systems Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 104 GLOSSARY OF ACRONYMS (continued) ACRONYM DESCRIPTION PBX Private Branch Exchange PON Purchase Order Number POTS Plain Old Telephone Service PRI Primarv Rate Interface (type of ISDN service) RFS Readv for Service (refers to collocation installations) SIA SAAFE (Strategic Application Architecture Framework and Environment) Information Access SOP Service Order Processor SOT Service Order Tvpe SS7 Sianalina Svstem 7 STP Siqnalinq Transfer Point TN .Telephone Number UDIT Unbundled Dedicated Interoffce Transport UNE Unbundled Network Element UNE-P Unbundled Network Element - Platform VRU Voice Response Unit WFA Work Force Administration XDSL (x) Digital Subscriber Line. (The "x" prefix refers to DSL generically. An "x" replaced by an "A" refers to Asymmetric DSL, and by an "H" refers to High-bit-rate DSL.) Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 105 APPENDIX A PO-20 Feature Detail Fields Feature Detail Resale and UNE-P (POTS and Centrex 21): CFN Validate the call forwarding TN CFNB Validate the call forwarding TN CFND Validate the call forwarding TN RCYC FlO associated with a call forwarding don't answer USOG that determines how many rings before the call forwards to the TN provided with the GFN or GFND FIDs. HLN (HLA Hot Line) FlO associated with the USOG HLA (which is on our USOG list to validate.) The Hot Line feature call forwards automatically to a pre-programmed number. This TN is provided following the HLN FlO, The data provided in the Feature..etail section on the LSR will be validated against the HLN FlO on the service order to determine whether the FlO is present and the TN provided on the lSR with the FlO is correct on the service order. LINK (HME CALL FORWARDING TO CELLULAR) FlO associated with the USOG HME (which is on our USOG list to validate.) The HME feature call forwards a call from the landline telephone number to a cellular telephone number. The LINK FlO, along with the PGS telephone number provided in the Feature Detail section on the LSR, will be validated against the LINK FlO on the service order to determine whether the FlO is present and the telephone number provided on the LSR matches the telephone number on the service order. DES on DID MBB If the GLEG requests a DID voice mailbox the DID number will follow the FlO DES on the LSR in the Feature Detail section and on the service order. The DES FlO along with the DID telephone number provided in the Feature Detail section on the LSR will be validated against the DES FlO on the service order to determine whether the FlO is present and the DID telephone number provided on the matches the telephone number on the service order. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 106 APPENDIX A (continued) TN on Custom Ring USOC (RGG1A etc.) We currently have 9 custom ring USOCs on our PO-20 USOC list. Along with the custom ring USOC is the TN FlO. The TN FlO along with the custom ring telephone number provided in the Feature Detail section on the LSR will be validated against the TN FlO on the service order to determine whether the FlO is present and the custom ring telephone provided on the LSR with the FlO is correct on the service order. (The validation would only apply if the USOC and FlO were present in the Feature Detail section of the LSR.) CAS (If provided on LSR for SEA) Call Screening Code Assignment is a FlO associated with the selective class of call feature (which is on our USOC list to validate.) Along with the CAS FlO is a two-digit number that indicates what type of screening is being requested. The CAS FlO along with a two-digit number is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO is floated on the service order behind the feature USOC 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 FlO associated with the transfer mailbox feature (which is on our USOC list to validate.) Along with the WW FlO is a ten-digit number that indicates where the voice mailbox is located. The WW FlO along with the ten-digit number is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO 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 FlO associated with the message notification feature (which is on our USOC list to validate.) Along with the MBOA FlO is a two-digit alphanumeric combination that indicates where the notification will be sent (i.e., identifies pager type.) The MBOA FlO 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 FlO 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 FlO associated with the scheduled greeting feature (which is on our USOC list to validate.) Along with the DES FlO 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 FlO is floated on the service order behind the feature USOC and that the ten-digit telephone number matches the ten-digit telephone number provided on the LSR. WL T (WLS Warm Line) Warm line timeout is a FlO associated with the warm line feature. Along with the WL T FlO 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 FlO 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 FlO is floated on the service order behind the feature USOC and that the one or two numericvalue matches the one or two numeric value provided on the LSR. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 107 APPENDIX A (continued) FIDs associated with WFA (800 service line feature which is on our usce list to validate): SIT (if provided on LSR for WFA) Special identifying telephone number is a FlO associated with the 800 service line feature. Along with the SIT FlO is a ten-digit telephone number that reflects the 800, 888, 877, or 866 service line feature. The SIT FlO 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 FlO is floated on the service order behind the feature USOC and that the ten-digit telephone number matches the ten-digit telephone number provided on the LSR. SIS (if provided on LSR for WFA) Special Identifying Telephone Number Supplemental is a FlO associated with the 800 service line feature. The SiS FlO along with a one-digit number is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO 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 FlO associated with the 800 service line feature. Along with the ELN FlO is a listed name, which follows the format of a business name. The ELN FlO along with the name is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO is floated on the service order behind the feature USOC and that the name matches the name provided on the LSR. ELA (if provided on LSR for WFA) 800 listed address is a FlO associated with the 800 service line feature. Along with the ELA FlO is an address, which follows the format of a listed address plus LATA, State, and zip code. The ELA FlO along with the address is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO is floated on the service order behind the feature USOC and that the address matches the address provided on the LSR. ADS (if provided on LSR for WFA) Area of service is a FlO associated with the 800 service line feature. Along with the AOS FlO are one to two alphanumeric characters and three numeric characters which represents LATA and AC of the address. The AOS FlO along with the additional characters are provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO is floated on the service order behind the feature USOC and that the additional characters match the additional characters provided on the LSR. ALe (if provided on LSR for WFA) IntraLAT A carrier is a FlO associated with the 800 service line feature. It indicates the Intra LATA carrier for the 800 service. Along with the ALC FlO is the three-digit code (OTC) for the IntraLATA carrier. The ALC FlO along with the three-digit code is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO is floated on the service order behind the feature USOC and that the three-digit code matches the three-digit code provided on the LSR. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 108 APPENDIX A (continued) Resale and UNE-P Centrex 21 FIDs associated with 503, 505, 5FB, C2T AX (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 FlO associated with the Electronic Business Set feature. Along with the KEY FlO is a numeric value that indicates the key designated for different features or lines on the EBS. The KEY FlO along with the numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO 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 FlO associated with the Electronic Business Set feature. Along with the MADN FlO 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 FlO along with the alpha values is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO 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 FlO associated with the Electronic Business Set feature. Along with the ROL FlO is an alpha value that indicates if the line will ring (Y or N). The ROL FlO along with the alpha value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO is floated on the service order behind the feature USOC and that the alpha value matches the alpha value provided on the LSR. TTYD (If provided on LSR for C2TAX) Terminal Type is a FlO associated with the adjunct module feature. Along with the TTYD FlO is a 4 character alpha value based on customer equipment. The TTYD FlO along with the 4 character alpha value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID is floated on the service order behind the feature USOC and that the 4 character alpha value matches the 4 character alpha value provided on the LSR. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 109 APPENDIX A (continued) FIDs associated with E3PPK (CALL PICK-UP feature which is on our USCC list to validate): CPG (If provided on LSR for E3PPK) Call Pickup Group is a FlO associated with the CALL PICK-UP feature. Along with the CPG FlO is a 1-3 digit numeric value that identifies the call pickup group. The CPG FlO along with the 1-3 digit numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO is floated on the service order behind the feature USOC and that the 1-3 digit numeric value matches the 1-3 digit numeric value provided on the LSR. CPUO (If provided on LSR for E3PPK) Call Pickup-Originating is a FlO associated with the CALL PICK-UP feature. Along with the CPUO FlO is an alphanumeric value that identifies the call pickup group. The CPUO FlO along with the alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO 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 FlO associated with the CALL PICK-UP feature. Along with the CPUT FlO is an alphanumeric value that identifies the call pickup group. The CPUT FlO along with the alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO is floated on the service order behind the feature USOC and that the alphanumeric value matches alphanumeric value provided on the LSR. FIDs associated with GVJ, EZJ, GVZ, GV2, EVH, GVV (Speed Call feature USCCs that are on our USCC list to validate): SCG (If provided on LSR for Speed call USOCs) Speed Call Group is a FlO associated with the Speed call feature. Along with the SCG FlO is a 7 digit numeric value that identifies the controller of the group. The SCG FlO 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 FlO 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. CSL (If provided on LSR for Speed call USOCs) Change Speed Calling Group List is a FlO associated with the Speed call feature. Along with theCSL FlO is a 2 digit numeric value that identifies the size of the group list. The SCG FlO 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 FlO is floated on the service order behind the feature USOC and that the 2 digit numeric value matches 2 digit numeric value provided on the LSR. SCF (If provided on LSR for Speed call USOCs) Speed Calling Feature Name is a FlO associated with the Speed call feature. Along with the SCF FlO is an alphanumeric value that identifies the controller of the shared list. The SCF FlO along with the alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO is floated on the service order behind the feature USOC and that the alphanumeric value matches alphanumeric value provided on the LSR. Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 110 EXHIBIT C See Qwests Wholesale web-site for the Service Interval Guide. Exhibit C -Qwest Fourteen State Template Version 1.8, May 11, 2005 Exhibit D Date General Information Provided by Qwest: General Agreement: BAN Number(must be assigned before processing): REVISED QWEST RIGHT OF WAY, POLE ATTACHMENT, INNERDUCT OCCUPANCY GENERAL INFORMATION: EFFECTIVE 6/29/01 1 1. PURPOSE. The purpose of this General Information document is to share information and provide or deny permission to attach and maintain CLEC's facilities ("Facilities") to Qwest Corporation's ("Qwest") Poles, to place Facilities on or within Qwests Innerduct (collectively "Poles/lnnerduct") and to obtain access to Qwests private right of way ("ROW"), to the extent Qwest has the right to grant such access. This General Information is necessary to determine if Qwest can meet the needs of the CLEC's request but does not guarantee that physical space or access is currently available. Permission will be granted on a first-come, first-serve basis on the terms and conditions set forth in the appropriate agreement pertaining to "Poles/lnnerduct". 2 PROCESS. The Qwest process is designed to provide the CLEC the information so as to assist CLEC and Qwest to make Poles, Innerduct and ROW decisions in a cost-effcient manner. The Process has these distinct steps: 2.1 Inquiry Review - Attachment 1.A (Database Search). The CLEC is requested to review this document and return Attachment 1.A along with two copies of a map and the nonrefundable Inquiry Fee, calculated in accordance with Attachment 1.A hereto. These fees are intended to cover Qwests expenses associated with performing an internal record (database) review, preparing a cost estimate for the required field survey, setting up an account, and determining time frames for completion of each task to meet the CLEC's Request. Be sure a BAN number is assigned by the Qwest Service Support Representative for each request before sending an Attachment 1.A. To request a BAN number send an email requesting one to: wholesale.servicessupportteam(igwest.com. Include your name, company, phone number, email address, city and state of our inquiry. A BAN number will be assigned to your inquiry and will be emailed to you along with other materials. As indicated on Attachment 1.A, a copy of the signed Attachment and maps of the desired route must be emailed to wholesale.servicessupporteam~qwest.com while the fee must be sent to the Qwest CLEC Joint Use Manager with the original signed Attachment 1.A The map should clearly show street names and highways along the entire route, and specific locations of entry and exit of the ROW/duct/pole system. Area Maps should be legible and identify all significant geographic characteristics including, but not limited to, the following: Qwest central offices, streets, cities, states, lakes, rivers, mountains, etc. Qwest reserves the right to reject illegible or incomplete maps. If CLEC wishes to terminate at a particular manhole (such as a POI) it must be indicated on the maps. For ROW: Section, Range and Township, to the % section must also be provided. Qwest will complete the Inquiry review and prepare and return a Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation (Attachment 1.B) to theCLEC generally within ten (10) days or the applicable federal or state law, rule or regulation that governs this Agreement in the state in which Innerduct attachment is requested. In the case of poles, Qwest will assign a Field Engineer and provide his/her name and phone number to the CLEC. The Field Engineer will check the local database and be available for a joint verification with the CLEC. The Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation will be valid for thirty (30) calendar days from the date of quotation. The Inquiry step results only April 15, 2008/lhd/XO Communications/ID/ Agreement Number CDS-080415-0003Owest Idaho' October 4,2004 Page 1 Exhibit D in the location and mapping of Owest facilities and does not indicate whether space is available. This information is provided with Attachment 1.8. In the case of ROW, Owest will prepare and return a ROW information matrix and a copy of agreements listed in the ROW Matrix, within ten (10) days. The ROW Matrix will identify (a) the owner of the ROW as reflected in Owests records, and (b) the nature of each ROW (i.e., publicly recorded and non-recorded). The ROW information matrix will also indicate whether or not Owest has a copy of the ROW agreement in its possession. Owest makes no representations or warranties regarding the accuracy of its records, and CLEC acknowledges that, to the extent that real property rights run with the land, the original granting party may not be the current owner of the property. In the case of MDUs, Owest will prepare and return an MDU information matrix, within ten (10) days, which will identify (a) the owner of the MDU as reflected in Owests records, and (b) whether or not Owest has a copy of the agreement between Owest and the owner of a specific multi-dwelling unit that grants Owest access to the multi-dwelling unit in its possession. Owest makes no representations or warranties regarding the accuracy of its records, and CLEC acknowledges that the original landowner may not be the current owner of the property. Owest will provide to CLEC a copy of agreements listed in the Matrices that have not been publicly recorded if CLEC obtains authorization for such disclosure from the third party owner(s) of the real property at issue by an executed version of the Consent to Disclosure form, which is included in Attachment 4. Owest will redact all dollar figures from copies of agreements listed in the Matrices that have not been publicly recorded that Owest provides to CLEC. Alternatively, in order to secure any agreement that has not been publicly recorded, a CLEC may provide a legally binding and satisfactory agreement to indemnify Owest in the event of any legal action arising out of Owests provision of such agreement to CLEC. In that event, the CLEC shall,not be required to execute the Consent to Disclosure form. If there is no other effe.ctive agreement (i.e., an Interconnection Agreement) between CLEC and Owest concerning access to Poles, Ducts and ROW, then Attachment 3 must be executed by both parties in order to start the Inquiry Review and in order for CLEC to obtain access to Poles, Ducts and/or ROW. 2.2 Attachment 1.8 (Verification) & Attachment 4 (Access Agreement Preparation). With respect to Poles and Innerduct, upon review and acceptance of signed Attachment 1.8 and payment of the estimated verification costs by the CLEC, Owest will conduct facilities verification and provide the requested information which mayor may not include the following: a review of public and/or internal Owest right-of-ways records for restrictions, identification of additional rights-of-way required; a field survey and site investigation of the Innerduct, including the preparation of distances and drawings, to determine availability on existing Innerduct; identification of any make-ready costs required to be paid by the CLEC, if applicable, prior to installing its facilities. In the case of Poles, Attachment 1.8 orders the field verification which may be done jointly. A copy of the signed Attachment 1.8 should be emailed to wholesale.servicessupportteam~qwest.com while the appropriate fees should be sent to the Owest-CLEC Joint Use Manager with the original signed Attachment 1.8. Upon completion of the verification, Attachment 2 will be sent to the CLEC by Owest. With respect to ROW, upon review and acceptance of signed Attachment 1.8 and payment of the ROW conveyance consideration, Owest will deliver to the CLEC an executed and acknowledged Access Agreement to the CLEC in the form attached hereto as Attachment 4 (the "Access April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415.0003Owest Idaho October 4, 2004 Page 2 Exhibit D Agreement". In the event that the ROW in question was created by a publicly recorded document and Owest has a copy of such document in its files, a copy of the Right-of-Way Agreement, as defined in the Access Agreement, will be attached to the Access Agreement and provided to the CLEC at the time of delivery of the Access Agreement. If the ROW was created by a document that is not publicly recorded, or if Owest does not have a copy of the Right-of-Way Agreement in its possession, the Access Agreement will not have a copy of the Right-of-Way Agreement attached. If the ROW was created by a non-publicly recorded document, but Owest does not have a copy of the Right-of-Way Agreement in its possession, the CLEC must obtain a copy of the Right-of-Way Agreement or other suitable documentation reasonably satisfactory to Owest to describe the real property involved and the underlying rights giving rise to the Access Agreement. Although Owest will provide the identity of the original grantor of the ROW, as reflected in Owests records, the CLEC is responsible for determining the current owner of the property and obtaining the proper signature and acknowledgement to the Access Agreement. If Owest does not have a copy of the Right-of-Way Agreement in its records, it is the responsibility of the CLEC to obtain a copy of the Right-of-Way Agreement. If the ROW was created by a publicly recorded document, the CLEC must record the Access Agreement (with the Right-of-Way Agreement attached) in the real property records of the county in which the property is located. If the ROW was created by a grant or agreement that is not publicly recorded, CLEC must provide Owest with a copy of the properly executed and acknowledged Access Agreement and, if applicable, properly executed Consent Regarding Disclosure form or letter of indemnification. Owest is required to respond to each Attachment 1.B. submitted by CLEC within 35 days of receiving the Attachment 1.B. In the event that Owest believes that circumstances require a longer duration to undertake the activities reasonably required to deny or approve a request, it may petition for relief before the Commission or under the escalation and dispute resolution procedures generally applicable under the interconnection agreement, if any, between Owest and CLEC. 2.3 PoleslDuct Order Attachment 2 (Access). In the case of Poles and Innerduct, upon completion of the inquiry and verification work described in Section 2.2 above, Owest will provide the CLEC a Poles/lnnerduct Order (Attachment 2) containing annual recurring charges, estimated Make-ready costs. Upon receipt of the executed Attachment 2 Order form from the CLEC and applicable payment for the Make-Ready Fees identified, Owest will assign the CLEC's requested space; Owest will also commence the Make-ready work within 30 days following payment of the Make-Ready Fees. Owest will notify CLEC when Poles/lnnerduct are ready for attachment or placement of Facilities. A copy of the signed Attachment 2 form should be emailed to wholesale.servicessupporttcam0!qwest.com while the payment should go to the Joint Use Manager along with the original signed Attachment 2. NOTE: Make-ready work performed by Owest concerns labor only. For Poles it involves rearrangement to accommodate the new attachment. For Innerduct, it involves placing the standard three innerducts in the conduit to accommodate fiber cable where spare conduit exists. Segments without conduit space are considered "blocked". Owest will consider repair or clearing damaged facilities, but may not construct new facilities as part of Make-ready work. Construction work to place conduit or replace poles may be required where facilities are blocked. The CLEC may contract separately with a Owest-approved contractor to complete the construction provided a Owest inspector inspects the work during and after construction. If other parties benefit from construction, the costs may be divided among the beneficiaries. Construction April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 3 Exhibit D costs are not included in Attachment 2. The GLEG is not encouraged to sign the Poles/lnnerduct Order (Attachment 2) until provisions have been made for construction. 2.4 Provision of ROW/Poles/lnnerduct. Owest agrees to issue to GLEG for any lawful telecommunications purpose, a nonexclusive, revocable Order authorizing GLEG to install, maintain, rearrange, transfer, and remove at its sole expense its Facilities on Poles/lnnerduct to the extent owned or controlled by Owest. Owest provides access to Poles/lnnerduct/ROW in accordance with the applicable federal, state, or local law, rule, or regulation, incorporated herein by this reference, and said body of law, which governs this Agreement in the state in which Poles/lnnerduct is provided. Any and all rights granted to GLEG shall be subject to and subordinate to any future federal, state, and/or local requirements. Nothing in this General Information shall be construed to require or compel Owest to construct, install, modify, or place any Poles/lnnerduct or other facility for use by the GLEG. The costs included in the Poles/lnnerduct Verification Fee are used to cover the costs incurred by Owest in determining if Poles/lnnerduct space is available to meet the GLEG's request; however, the GLEG must agree and will be responsible for payment of the actual costs incurred if such costs exceed the estimate. If the actual costs are less than the estimate, an appropriate credit can be provided upon request. If Owest denies access, Owest shall do so in writing, specifying the reasons for denial within 45 days of the initial inquiry. Likewise, the fees included in the ROW processing costs quotation are used to cover the costs incurred by Owest in searching its databases and preparing the Access Agreement. In the event that complications arise with respect to preparing the Access Agreement or any other aspect of conveying access to Owests ROW, the GLEG agrees to be responsible for payment of the actual costs incurred if such costs exceed the standard fees; actual costs shall include, without limitation, personnel time, including attorney time. 3. DISPUTE RESOLUTION 3.1. The Parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of, or relating to, this Agreement. Any dispute not resolved in the normal course of business shall be resolved in accordance with the Dispute Resolution provision of this Agreement. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 4 Exhibit D ATTACHMENT 1. A Poles/lnnerductl or ROW Inquiry Preparation Fee General Agreement BAN Number (one for each route must be assigned before processing): Date Submitted:Date Replied to CLEC: CLEC Name Billing Address: Phone Number: State and city of inquiry: Contact name: e-mail address: Poles/lnnerduct Permit Database Search Costs Quotation(One Mile Minimum) Costs Est. Miles Total 1. Pole Inquiry Fee (see attached pricing chart) X 2.lnnerduct Inquiry Fee (see attached pricing chart) X 3. ROW Records Inquiry (see attached pricing chart) X 4. Estimated Interval for Completion of Items 1, 2 or 3: 10 5. Additional requirements of CLEC: = $ = $ = $ Days This Inquiry will result in (a) for Poles and Innerduct: a drawing of the duct or innerduct structure fitting the requested route, if available, and a quote of the charges for field verification, and/or (b) in the case of ROW, a ROW identification matrix, -a quote of the charges for preparation of and consideration for, the necessary Access Agreements, and copies of ROW documents in Qwests Possession. (c) For Poles, the name and telephone number of the Field Engineer are provided so that the CLEC may contact the Qwest Field engineer and discuss attachment plans. If a field verification of poles is required, Attachment 1.B must be completed and the appropriate charges paid. Innerduct verification is always needed. By signing below and providing payment of the Estimated Costs identified above, the CLEC desires Qwest to proceed with the processing of its database/records search and acknowledges receipt of this General Information, including the General Terms and Conditions under which Qwest offers such Poles/lnnerduct. Quotes expire in 30 days. Qwest Corporation Sianature Sianature Name Typed or Printed Name Tvped or Printed Title Title Date Date This signed form (original) must be sent with a check for the Inquiry amount (to "Qwest") to: April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 5 Exhibit D Manager, Qwest Joint Use, 6912 S Quentin, Suite 101, Englewood, CO 80112 303-784-0387 A copy of this form must be sent with two acceptably-detailed maps showing the requested route to: Qwest Service Representative at: wholesa1e.servicessupportteam(fqwest.com. Put "Agree" on signature line. April 15, 2008/lhd/XO Communications/lD/ Agreement Number CDS-080415-0003Qwest Idaho October 4,2004 Page 6 Exhibit D ATTACHMENT 1.8 General Agreement BAN Number: Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation Date Nonrefundable Received:Date Replied to CLEC: **NOTE: THIS ATTACHMENT WILL BE COMPLETED BY QWEST AND SENT TO THE CLEC FOR SIGNATURE AFTER THE DATABASE INQUIRY IS COMPLETE.** Estimated Costs Number Total Charge 1. Pole Field Verification Fee (10 pole minimum) 4. Access Agreement Prep. and Consideration$lO/ Access Agreement $ $ $ $ 2. Innerduct Field Verification Fee 3. Preparation of private ROW documents 5. Estimated Interval to Complete Items 1 or2 or 3 and/or 4:Working Days Comments: By signing below and providing payment of the Total Estimated Costs identified above, the CLEC desires Qwest to proceed with the processing of its field survey/preparation of Access Agreements, and acknowledges receipt of this General Information, including the General Terms and Conditions under which Qwest offers such ROW/Poles/lnnerduct. The CLEC acknowledges the above costs are estimates only and CLEC may be financially responsible for final actual costs which exceed this estimate, or receive credit if requested. Quotes expire in 30 days. Qwest Corporation Siqnature Siqnature Name Typed or Printed Name Typed or Printed Title Title . Date Date The original signed form must be sent with a check for the verification amount to: April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 7 Exhibit D Manager, Qwest CLEC Joint Use, 6912 S Quentin, Suite 101, Englewood, CO 80112 An email copy of this form must be sent to: wholesale.servìcessupportteam(iqwest.com, with "Agree" on the signature line. April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 8 Exhibit D ATTACHMENT 2 Poles/lnnerduct Order General Agreement BAN Number: **NOTE: THIS FORM WILL BE COMPLETED BY QWEST AND SENT TO CLEC FOR SIGNATURE** Make-ready Work required: Yes ( ) No () Date Received If Yes is checked, estimated Make-ready costs: $ The following Attachments are hereby incorporated by reference into this Order: 1. Term - Effective Date - 2. Summary of Field Results (including Make-Ready work if required). 3. When placing fiber, CLEC must: a. provide Qwest representative, a final design of splice, racking and slack locations in Qwest utility holes. b. tag all equipment located in/on Qwests facilities from beginning of the route to the end, and at the entrance and exit of each utility hole with the following information: (1) CLEC's Name and Contact Number, (2) Contract Number and Date of Contract, (3) Number of Fibers in the Innerduct and Color of Occupied Innerduct. A IR Ch f h. Pnnuaecurnnqarqes or t is ermit: Total Annual Annual Charae Quantitv Charge 1. Pole Attachment, Per Pole $/$ 2, Innerduct Occupancy, Per Foot $$ 3.Request cont. call for Construction?YES NO Please check YES if construction by Qwest is needed for access to Qwest manholes (e.g. core drills, stubouts, not innerduct placement) For Poles, quantity is based on the number of vertical feet used (One cable attachment = one foot). If you do not place an order at this time, these Poles/lnnerduct will be assigned on a first come-first served basis. Addítional Comments: THE ESTIMATED COSTS ARE FOR THE INSTALLATION OF INNERDUCT OR REARRANGEMENT PER THE WORK SHEETS. THE ANNUAL RECURRING CHARGE FOR YEAR 2001 HAS BEEN PRORATED TO (/DAY * DAYS). PLEASE PROVIDE PAYMENT FOR THE MAKE- READY COSTS AND THE PRORATED 2001 RECURRING FEE ALONG WITH THIS SIGNED ORDER By signing below and providing payment of the Make-ready costs and the first year's prorated Annual Recurring Charge (or, if CLEC requests Semiannual billing, then the first half-year's prorated Semiannual Recurring Charge), the CLEC desires Qwest to proceed with the Make-ready Work identified herein and acknowledges receipt of the General Terms and Conditions under which Qwest offers such Poles/lnnerduct. By signing this document you are agreeing to the access described herein. Quotes expire in 90 days, Return this signed form and check to: Manager, Joint Use Supervisor, Suite 101, 6912 S. Quentin, Englewood, CO 80112. Send a COPy to: wholesale.servicessupportteam~qwest.com. Qwest Corporation Signature Siqnature Name Tvped or Printed Name Typed or Printed April 15, 2008/lhd/XO Communications/lD/ Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 9 Exhibit D I TitleDate §:::e April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 10 Exhibit D ATTACHMENT 3 General Agreement: QWEST RIGHT OF WAY ACCESS, POLE ATTACHMENT AND/OR INNERDUCT OCCUPANCY GENERAL TERMS AND CONDITIONS This is an Agreement between ("CLEC") and Owest Corporation ("Owest"), for one or more Orders for the CLEC to obtain access to Owests Right-of-Way ("ROW") and/or to install/attach and maintain their communications facilities ("Facilities") to Owests Poles and/or placement of Facilities on or within Owests Innerduct (collectively "Poles/lnnerduct" described in the General Information and CLEC Map, which are incorporated herein by this reference '(singularly "Order" or collectively, "Orders"). If there is no other effective agreement (i.e., an Interconnection Agreement) between CLEC and Owest concerning access to Poles, Ducts and ROW, then this Agreement/Attachment 3 must be executed by both parties in order to start the Inquiry Review and in order for CLEC to obtain access to Poles, Ducts and/or ROW. 1. SCOPE. 1.1 Subject to the provisions of this Agreement, Owest agrees to issue to CLEC for any lawful telecommunications purpose, (a) one or more nonexclusive, revocable Orders authorizing CLEC to attach, maintain, rearrange, transfer, and remove at its sole expense its Facilities on Poles/lnnerduct owned or controlled by Owest, and/or (b) access to Owests ROW tothe-extent that (i) such ROW exists, and (ii) Owest has the right to grant access to the CLEC. Any and all rights granted to CLEC shall be subject to and subordinate to any future local, state and/or federal requirements, and in the case of ROW, to the original document granting the ROW to Owest or its predecessors. 1.2 Except as expressly provided herein, nothing in this Agreement shall be construed to require or compel Owest to construct, install, modify, or place any Poles/lnnerduct or other facility for use by CLEC or to obtain any ROW for CLEC's use. 1.3 Owest agrees to provide access to ROW/Poles/lnnerduct in accordance with the applicable local, state or federal law, rule, or regulation, incorporated herein by this reference, which governs this Agreement in the state in which Poles/lnnerduct is provided. 2. TERM. Any Order issued under this Agreement for Pole attachments or Innerduct occupancy shall continue in effect for the term specified in the Order. Any access to ROW shall be non- exclusive and perpetual, subject to the terms and conditions of the Access Agreement (as hereinafter defined) and the original instrument granting the ROW to Owest. This Agreement shall continue during such time CLEC is providing Poles/lnnerduct attachments under any Order to this Agreement. 3. TERMINATION WITHOUT CAUSE. 3.1 To the extent permitted by law, either party may terminate this Agreement (which will have the effect of terminating all Orders hereunder), or any individual Order(s) hereunder, without cause, by providing notice of such termination in writing and by certified Mail to the other party. The written notice for termination without cause shall be dated as of the day it April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 11 Exhibit D is mailed and shall be effective no sooner than one hundred twenty (120) calendar days from the date of such notice. 3.2. Termination of this Agreement or any Order hereunder does not release either party from any liability under this Agreement that may have accrued or that arises out of any claim that may have been accruing at the time of termination, including indemnity, warranties, and confidential information. 3.3 If Owest terminates this Agreement for Cause, or if CLEC terminates this Agreement without Cause, CLEC shall pay termination charges equal to the amount of fees and charges remaining on the terminated Order(s) and shall remove its Facilities from the Poles/lnnerduct within sixty (60) days, or cause Owest to remove its Facilities from the Poles/lnnerduct at CLEC's expense; provided, however, that CLEC shall be liable for and pay all fees and charges provided for in this Agreement to Owest until CLEC's Facilities are physically removed. Notwithstanding anything herein to the contrary, upon the termination of this Agreement for any reason whatsoever, all Orders hereunder shall simultaneously terminate. 3.4 If this Agreement or any Order is terminated for reasons other than Cause, then CLEC shall remove its Facilities from Poles/lnnerduct within one hundred and eighty (180) days from the date of termination; provided, however, that CLEC shall be liable for and pay all fees and charges provided for in this Agreement to Owest unti CLEC's Facilities are physically removed. 3.5 Owest may abandon or sell any Poles/lnnerduct at any time by giving written notice to the CLEC. Upon abandonment of Poles/lnnerduct, and with the concurrence of the other CLEC(s), if necessary, CLEC shall, within sixty (60) days of such notice, either apply for usage with the new owner or purchase the Poles/lnnerduct from Owest, or remove its Facilities therefrom. Failure to remove its Facilities within sixty (60) days shall be deemed an election to purchase the Poles/lnnerduct at the current market value. 4. CHARGES AND BILLING. 4.1. CLEC agrees to pay Owest Poles/lnnerduct usage fees ("Fees") as specified in the Order. Fees will be computed in compliance with applicable local, state and Federal law, regulations and guidelines. Such Fees will be assessed, in advance on an annual basis. Annual Fees will be assessed as of January 1 st of each year. Fees are not refundable except as expressly provided herein. CLEC shall pay all applicable Fees and charges specified herein within thirty (30) days from receipt of invoice. Any outstanding invoice will be subject to applicable finance charges. 4.2. Owest has the right to revise Fees, at its sole discretion, upon written notice to CLEC within at least sixty (60) days prior to the end of any annual billing period. 5. INSURANCE. The CLEC shall obtain and maintain at its own cost and expense the following insurance during the life of the Contract: 5.1. Workers' Compensation and/or Longshoremen's and Harbor Workers Compensation insurance with (1) statutory limits of coverage for all employees as required by statute; and (2) although not required by statute, coverage for any employee on the job site; and April 15, 2008/lhd/XO Communications/ID/ Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 12 Exhibit D (3) Stop Gap liability or employer's liability insurance with a limit of One Hundred Thousand Dollars ($100,000.00) for each accident. 5.2 General liability insurance providing coverage for underground hazard coverage (commonly referred to as "U" coverage), products/completed operations, premises operations, independent contractor's protection (required if contractor subcontracts the work), broad form property damage and contractual liability with respect to liability assumed by the CLEC hereunder. This insurance shall also include: (1) explosion hazard coverage (commonly referred to as "X" coverage) if the work involves blasting and (2) collapse hazard coverage (commonly referred to as "C" coverage) if the work may cause structural damage due to excavation, burrowing, tunneling, caisson work, or under- pinning. The limits of liability for this coverage shall be not less than One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury or property damage. These limits of liability can be obtained through any combination of primary and excess or umbrella liability insurance. 5.3 Comprehensive automobile liability insurance covering the use and maintenance of owned, non-owned and hired vehicles. The limits of liability for this coverage shall be not less than One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury or property damage. These limits of liability can be obtained through any combination of primary and excess or umbrella liability insurance. 5.4 Qwest may require the CLEC from time-to-time during the life of the Contract to obtain additional insurance with coverage or limits in addition to those described above. However, the additional premium costs "'f any such additional insurance required by Qwest shall be borne by Qwest, and the CLEC shall arrange to have such costs billed separately and directly to Qwest by the insuring carrier(s). Qwest shall be authorized by the CLEC to confer directly with the agent(s) of the insuring carrier(s) concerning the extent and limits of the CLEC's insurance coverage in order to assure the sufficiency thereof for purposes of the work performable under the Contract and to assure that such coverage as a hole with respect to the work performable are coordinated from the standpoint of adequate coverage at the least total premium costs. 5.5 The insuring carrier(s) and the form of the insurance policies shall be subject to approval by Qwest. The CLEC shall forward to Qwest, certificates of such insurance issued by the insuring carrier(s). The insuring carrier(s) may use the ACORD form, which is the Insurance Industries certificate of insurance form. The insurance certificates shall provide that: (1) Qwest is named as an additional insured; (2) thirty (30) calendar days prior written notice of cancellation of, or material change or exclusions in, the policy to which the certificates relate shall be given to Qwest; (3) certification that underground hazard overage (commonly referred to as "U" coverage) is part of the coverage; and (4) the words "pertains to all operations and projects performed on behalf of the certificate holder" are included in the description portion of the certificate. The CLEC shall not commence work hereunder until the obligations of the CLEC with respect to insurance have been fulfilled. The fulfillment of such obligations shall not relieve the CLEC of any liability hereunder or in any way modify the CLEC's obligations to indemnify Qwest. 5.6 Whenever any work is performed requiring the excavation of soil or use of heavy machinery within fifty (50) feet of railroad tracks or upon railroad right-of-way, a Railroad Protective Liability Insurance policy will be required. Such policy shall be issued in the name of the Railroad with standard limits of Two Million Dollars ($2,000,000.00) per April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003Qwest Idaho October 4,2004 Page 13 Exhibit D occurrence combined single limit for bodily injury, property damage or physical damage to property with an aggregate limit of Six Million Dollars ($6,000,000.00). In addition, said policy shall name Owest and the CLEC/SubCLEC on the declarations page with respect to its interest in these specific job. Said insurance policy shall be in form and substance satisfactory both to the Owest and the Railroad and shall be delivered to and approved by both parties prior to the entry upon or use of the Railroad Property. 5.7 Whenever any work must be performed in the Colorado State Highway right-of-way, policies and certificates of insurance shall also name the State of Colorado as an additional insured. Like coverage shall be furnished by or on behalf of any subcontractor. Copies of said certificates must be available on site during the performance of the work. 6. CONSTRUCTION AND MAINTENANCE OF FACILITIES. 6.1 Owest retains the right, in its sole judgment, to determine the availability of space on Poles/lnnerduct. When modifications to a Owest spare conduit include the placement of innerduct, Owest retains the right to install the number of innerducts required to occupy the conduit structure to its full capacity. In the event Owest determines that rearrangement of the existing facilities on Poles/lnnerduct is required before CLEC's Facilities can be accommodated, the cost of such modification will be included in the CLEC's nonrecurring charges for the associated Poles/lnnerduct Order. 6.2 CLEC shall be solely responsible for obtaining the necessary underlying legal authority to occupy Poles/lnnerduct on governmental, federal, Native American, and private rights of way, as applicable, and Owest does not warrant or represent that providing CLEC with access to the Poles/lnnerduct in any way constitutes such legal right. The CLEC shall obtain any necessary permits, licenses, bonds, or other legal authority and permission, at the CLEC's sole expense, in order to perform its obligations under this Agreement. The CLEC shall contact all owners of public and private rights-of-way, as necessary, to obtain written permission required to perform the work prior to entering the property or starting any work thereon and shall provide Owest with written documentation of such legal authority prior to placement of its facilities on or in the Poles/lnnerduct. The CLEC shall comply with all conditions of rights-of-way and Orders. 6.3 CLEC's Facilities shall be placed and maintained in accordance with the requirements and specifications of the current applicable standards of Bellcore Manual of Construction Standards, the National Electrical Code, the National Electrical Safety Code, and the rules and regulations of the Occupational Safety and Health Act, all of which are incorporated herein by reference, and any governing authority having jurisdiction of the subject matter of this Agreement. Where a difference in specifications exists, the more stringent shall apply. Failure to maintain Facilities in accordance with the above requirements shall be Cause as referenced in Section 3 to this Agreement for termination of the Order in question. Termination of more than two (2) Orders in any twelve-month period pursuant to the foregoing sentence shall be Cause as referenced in Section 3 for termination of this Agreement. Owests procedures governing its standard maintenance practices shall be made available upon request for public inspection at the appropriate Owest premises. CLEC's procedures governing its standards maintenance practices for Facilities shall be made available to Owest upon written request. CLEC shall within thirty (30) days comply and provide the requested information to Owest to bring their facilities into compliance with these terms and conditions. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 14 Exhibit D 6.4. In the event of any service outage affecting both Qwest and CLEC, repairs shall be effectuated on a priority basis as established by local, state or federal requirements, or where such requirement do not exists, repairs shall be made in the following order: electrical, telephone (local), telephone (long distance), and cable television, or as mutually agreed to by the users of the effected Poles/lnnerduct. 6.5 In the event of an infrastructure outage, the CLEC should contact their Network Maintenance Center at 1-800-223-7881 or the CLEC may contact their Account Manager at the Interconnect Service Center. 7. MODIFICATION TO EXISTING POLES/INNERDUCT. 7.1. If CLEC requests Qwest to replace or modify existing Poles/lnnerduct to increase its strength or capacity for the benefit of the CLEC and Qwest determines in its sole discretion to provide the requested capacity, the CLEC shall pay Qwest the total replacement cost, Qwests cost to transfer its attachments, as necessary, and the cost for removal (including destruction fees) of any replaced Poles/lnnerduct, if such is necessary. Ownership of new Poles/lnnerduct shall vest in Qwest. To the extentthat a modification is incurred for the benefit of multiple parties, CLEC shall pay a proportionate share of the total cost as outlined above, based on the ratio of the amount of new space occupied by the Facilities to the total amount of space occupied by all parties joining the modification. Modifìcations that occur in order to bring Poles/lnnerduct into compliance with applicable safety or other requirements shall be deemed to be for the benefit of the multiple parties and CLEC shall be responsible for its pro rata share of the modification cost. Except as set forth herein, CLEC shall have no obligation to pay any of the cost of replacement or modification of Poles/lnnerduct requested solely by third parties. 7.2 Written notification of modification initiated by or on behalf of Qwest shall be provided to CLEC at least sixty (60) days prior to beginning modifications if such modifications are not the result of an emergency situation. Such notification shall include a brief description of the nature and scope of the modification. If CLEC does not rearrange its facilitates within sixty (60) days after receipt of written notice from Qwest requesting such rearrangement, Qwest may perform or cause to have performed such rearrangement and CLEC shall pay for cost thereof. No such notice shall be required in emergency situations or for routine maintenance of Poles/lnnerduct. 8. INSPECTION OF FACILITIES. Qwest reserves the right to make final construction, subsequent and periodic inspections of CLEC's facilities occupying the Poles/lnnerduct system. CLEC shall reimburse Qwest for the cost of such inspections except as specified in Section 8 hereof. 8.1. CLEC shall provide written notice to Qwest, at least fifteen (15) days in advance, of the locations where CLEC's plant is to be constructed. 8.2. The CLEC shall forward Exhibit A, entitled "Pulling In Report" attached hereto and incorporated herein by this reference, to Qwest within five (5) business days of the date(s) of the occupancy. 8.3. Qwest shall provide written notification to CLEC within seven (7) days of the date of completion of a final construction inspection. April 15, 2008/lhd/XO Communications/ID/ Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 15 Exhibit D 8.4. Where final construction inspection by Owest has been completed, CLEC shall be obligated to correct non-complying conditions within thirty (30) days of receiving written notice from Owest. In the event the corrections are not completed within the thirty (30)- day period, occupancy authorization for the Poles/lnnerduct system where non-complying conditions remain uncorrected shall terminate immediately, regardless of whether CLEC has energized the facilities occupying said Poles/lnnerduct system, unless Owest has provided CLEC a written extension to comply. CLEC shall remove its facilities from said Poles/lnnerduct in accordance with the provisions set forth in Section 10 of this Agreement. No further occupancy authorization shall be issued to CLEC until such non- complying conditions are corrected or until CLEC's facilities are removed from the Pole/Conduit system where' such non-complying conditions exist. If agreed to in writing, by both parties, Owest shall perform such corrections and CLEC shall pay Owest the cost of performing such work. Subsequent inspections to determine if appropriate corrective action has been taken my be made by Owest. 8.5. Once the CLECs facilities occupy Owest Poles/lnnerduct system and Exhibit A has been received by Owest, Owest may perform periodic inspections. The cost of such inspections shall be borne by Owest, unless the inspection reveals any violations, hazards, or conditions indicating that CLEC has failed to comply with the provisions set forth in this Agreement, in which case the CLEC shall reimburse Owest for full costs of inspection, and re-inspection to determine compliance as required. A CLEC representative may accompany Owest on field inspections scheduled specifically for the purpose of inspecting CLEC's Facilities; however, CLEC's costs associated with its participation in such inspections shall be borne by CLEC. Owest shall have no obligation to notify CLEC, and CLEC shall have no right to attend, any routine field inspections. 8.6. The costs of inspections made during construction and/or the final construction survey and subsequent inspection shall be billed to the CLEC within thirty (30) days upon completion of the inspection. 8.7. Final construction, subsequent and periodic inspections or the failure to make such inspections, shall not impose any liability of any kind upon Owest, and shall not relieve CLEC of any responsibilities, obligations, or liability arising under this Agreement. 9. UNAUTHORIZED FACILITIES 9.1 If any facilities are found attached to Poles/lnnerduct for which no Order is in effect, Owest, without prejudice to any other rights or remedies under this Agreement, shall assess an unauthorized attachment administrative fee of Two Hundred Dollars ($200.00) per attachment per Pole or innerduct run between manholes, and require the CLEC to submit in writing, within ten (10) day after receipt of written notification from Owest of the unauthorized occupancy, a Poles/lnnerduct application. Owest shall waive the unauthorized attachment fee if the following conditions are both met: (1) CLEC cures such unauthorized attachment (by removing it or submittng a valid Order for attachment in the form of Attachment 2 of Exhibit D, within thirty (30) days of written notification from Owest of the unauthorized attachment; and (2) the unauthorized attachment did not require Owest to take curative measures itself (e.g., pullng additional innerduct) prior to the cure by CLEC. Owest shall also waive the unauthorized attachment fee if the unauthorized attachment arose due to error by Owest rather than by CLEC. If such application is not received by Owest within the specified time period, the CLEC will be required to remove its unauthorized facility within ten (10) days of the final date for April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 16 Exhibit D submitting the required application, Owest may remove the CLEC's facilities without liability, and the cost of such removal shall be borne by the CLEC. 9.2 For the purpose of determining the applicable charge, the unauthorized Poles/lnnerduct occupancy shall be treated as having existed for a period of five (5) years prior to its discovery, and the charges, as specified in Section 4, shall be due and payable forthwith whether or not CLEC is ordered to continue the occupancy of the Poles/lnnerduct system. 9.3. No act or failure to act by Owest with regard to an unauthorized occupancy shall be deemed to constitute the authorization of the occupancy; any authorization that may be granted subsequently shall not operate retroactively or constitute a waiver by Owest of any of its rights of privileges under this Agreement or otherwise. 10. REMOVAL OF FACILITIES. Should Owest, under the provisions of this Agreement, remove CLEC's Facilities from the Poles/lnnerduct covered by any Order (or otherwise), Owest will deliver the Facilities removed upon payment by CLEC of the cost of removal, storage and delivery, and all other amounts due Owest. If payment is not received by Owest within thirty (30) days, CLEC will be deemed to have abandoned such facilities, and Owest may dispose of said facilities as it determines to be appropriate. If Owest must dispose of said facilities, such action will not relieve CLEC of any other financial responsibility associated with such removal as provided herein. If CLEC removes its Facilities from Poles/lnnerduct for reasons other than repair or maintenance purposes, the CLEC shall have no right to replace such facilities on the Poles/lnnerduct until such time as all outstanding charges due to Owest for previous occupancy have been paid in fulL. CLEC shall submit Exhibit B, entitled "Notification of Surrender of Modification of Conduit Occupancy License by CLEC," or Exhibit C, entitled. "Notification of Surrender of Modification of Pole Attachment by CLEC," each as attached hereto, advising Owest as to the date on which the removal of Facilities from each Poles/lnnerduct has been completed. 11. INDEMNIFICATION AND LIMITATION OF LIABILITIES. CLEC shall indemnify and hold harmless Owest, its owners, parents, subsidiaries, affiliates, agents, directors, and employees against any and all liabilities, claims, judgments, losses, orders, awards, damages, costs, fines, penalties, costs of defense, and attorneys' fees ("Liabilities") to the extent they arise from or in connection with: (1) infringement, or alleged infringement, of any patent rights or claims caused, or alleged to have been caused, by the use of any apparatus, appliances, equipment, or parts thereof, furnished, installed or utilized by the CLEC; (2) actual or alleged fault or negligence of the CLEC, its officers, employees, agents, subcontractors and/or representatives; (3) furnishing, performance, or use of any material supplied by CLEC under this Contract or any product liabilityclaims relating to any material supplied by CLEC under this Contract; (4) failure of CLEC, its offcers, employees, agents, subcontractors and/or representatives to comply with any term of this Contract or any applicable local, state, or federallawor regulation, including but not limited to the OSH Act and environmental protection laws; (5) assertions under workers' compensation or similar employee benefit acts by GLEC or its employees, agents, subcontractors, or subcontractors' employees or agents; (6) the acts or omissions (other than the gross negligenceor willful misconduct) of Owest, its officers, employees, agents, and representatives, except as otherwise provided in paragraphs 11.3 and 11.4 below; and/or, (7) any economic damages that may rise, including damages for delay or other related economic damages that the Owest or third parties may suffer or allegedly suffer as a result of the performance or failure to perform work by the CLEC. If both Owest and the CLEC are sued as a result of or in connection with the performance of work arising out of this Contract, the parties hereby agree that the defense of the case (including the costs of the defense and attorneys' fees) shall be the responsibilty of the CLEG, if Owest desires. Owest shall give the GLEC reasonable written notice of all such claims April 15, 2008/lhd/XO Communications/ID/ Agreement Number CDS-080415-0003Owest Idaho October 4, 2004 Page 17 Exhibit D and any Suits alleging such claims and shall furnish upon the CLEC's request and at the CLEC's expense all information and assistance available to the Qwest for such defense. The parties shall employ Article 13, Dispute Resolution, to resolve any dispute concerning the proportional fault and liability after the underlying case is terminated. 11.1 IF WORK IS PERFORMED IN THE STATE OF WASHINGTON UNDER THIS GENERAL CONTRACT, THE CLEC ACKNOWLEDGES AND AGREES THAT THIS INDEMNIFICATION OBLIGATION SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST QWEST BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE CLEC, AND THE CLEC EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, OTHER WORKERS' COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION WHICH WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH A CLAIM. 11.2 Except as expressly provided herein, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT; provided, however, there shall be no limitation on a party's liabiliy to the other for any fines or penalties imposed on the other party by any court of competent jurisdiction or federal, state or local administrative agency resulting from the failure of the party to comply with any term or condition of this Contract or any valid and applicable law, rule or regulation. 11.3 FOR ANY WORK PERFORMED IN ARIZONA, IDAHO, SOUT+l DAKOTA, UTAH OR WASHINGTON, SECTION 11(6) SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF QWEST BUT SHALL EXTEND TO THE NEGLIGENCE OF QWEST WHEN CONCURRENT WITH THAT OF THE CLEC. 11.4 FOR ANY WORK PERFORMED IN THE STATES OF MINNESOTA, NEBRASKA, NEW MEXICO, OR OREGON, ARTICLE 11 SHALL NOT APPLY, EXCEPT THAT SECTION 11 SHALL APPLY FOR WORK PERFORMED IN MINNESOTA FOR MAINTENANCE OR REPAIR OF MACHINERY, EQUIPMENT, OR OTHER SUCH DEVICES, USED AS PART OF A MANUFACTURING, COVERING, OR OTHER PRODUCTION PROCESS INDULGING ELECTRIC, GAS, STEAM, AND TELEPHONE UTILITY EQUIPMENT USED FOR PRODUCTION, TRANSMISSION, OR DISTRIBUTION PURPOSES. 12. FORCE MAJEURE 12.1 The CLEC shall be excused from its performance as to any Order if prevented by acts or events beyond the CLEC's reasonable control including extreme weather conditions, strikes, fires, embargoes, actions of civil or military law enforcement authorities, acts of God, or acts of legislative, judicial, executive, or administrative authorities. 12.2 If such contingency occurs, Qwest may elect: 12.2.1 To terminate this Agreement as to the Order in question; or April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 18 Exhibit D 12.2.2 To terminate already-assigned specific work assignment(s) the CLEC is unable to perform, or any part thereof, and to assign new specific work assignments to other parties for the duration of the cause of the delay; or 12.2.3 To suspend already-assigned specific work assignment(s) the CLEC is unable to perform, or any part thereof, for the duration of the cause of the delay; and to assign new specific work assignments to other parties for the duration of the cause of the delay. 12.3 Qwest shall be deemed to have elected Section 12.2.3 above unless written notice of termination is given by Qwest after the contingency occurs. With respect to Qwests election of Section 12.2.3 above: 12.3.1 Qwest shall give the CLEC written notice of the work to be performed by such other party prior to its performance and shall deduct from the CLEC's price the cost of the work or services actually performed by such other parties. 12.3.2 The CLEC shall resume performance, and complete any work not performed or to be performed by another party, once the delaying cause ceases. 12.3.3 If appropriate, at the Qwests discretion, the time for completion of specific work assignment(s) shall be extended up to the length of time the contingency endured. 12.4 Qwest shall be excused from its performance if prevented by acts or events beyond the Qwèsts reasonable control including extreme weather conditions, strikes, fires, embargoes, actions of civil or military law enforcement authorities, aCts of God, or acts of legislative, judicial, executive, or administrative authorities. 13. DISPUTE RESOLUTION. 13.1. Other than those claims over which a regulatory agency has exclusive jurisdiction, all claims, regardless of legal theory, whenever brought and whether between the parties or between one of the parties to this Agreement and the employees, agents or affiliated businesses of the other party, shall be resolved by arbitration. A single arbitrator engaged in the practice of law and knowledgeable about telecommunications law shall conduct the arbitration in accordance with the then current rules of the American Arbitration Association ("AAA") unless otherwise provided herein. The arbitrator shall be selected in accordance with AM procedures from a list of qualified people maintained by AM. The arbitration shall be conducted in the regional AM office closest to where the claim arose. 13.2. All expedited procedures prescribed by the AM shall apply. The arbitrator's decision shall be final and binding and judgment may be entered in any court having jurisdiction thereof. 13.3. Other than the determination of those claims over which a regulatory agency has exclusive jurisdiction, federal law (including the provisions of the Federal Arbitration Act, 9 U.S.C. Sections 1-16) shall govern and control with respect to any issue relating to the validity of this Agreement to arbitrate and the arbitrability of the claims. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 19 Exhibit D 13.4. If any party files a judicial or administrative action asserting claims subject to arbitration, and another party successfully stays such action and/or compels arbitration of such claims, the party filing the action shall pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorney's fees. 14. LAWFULNESS. This Agreement and the parties' actions under this Agreement shall comply with all applicable federal, state, and local laws, rules, regulations, court orders, and governmental agency orders. Any change in rates, charges or regulations mandated by the legally constituted authorities will act as a modification of any contract to that extent without further notice. This Agreement shall be governed by the laws of the state where Poles/lnnerduct is provided. Nothing contained herein shall substitute for or be deemed a waiver of the parties' respective rights and obligations under applicable federal, state and local laws, regulations and guidelines, including (without limitation) Section 224 of the Communications Act of 1934, as amended (47 U.S.C. 224). The CLEC represents that it is a certified Competitive Local Exchange Carrier or otherwise has the legal right, pursuant to 47 U.S.C. 224 to attach to Qwests pole pursuant to the terms thereof. The CLEC acknowledges that Qwest will rely on the foregoing representation, and that if such representation is not accurate, this Agreement shall be deemed void ab initio, except for Article 9 hereof, for which CLEC shall remain fully liable. 15. SEVERABILITY. In the event that a court, governmental agency, or regulatory agency with proper jurisdiction determines that this Agreement or a provision of this Agreement is unlawful, this Agreement, or that provision of the Agreement to the extent it is unlawful, shall terminate. If a provision of this Agreement is terminated but the parties can legally, commercially and practicably continue without the terminated provision, the remainder of this Agreement shall continue in effect. 16. GENERAL PROVISIONS. 16.1 Failure or delay by either party to exercise any right, power, or privilege hereunder, shall not operate as a waiver hereto. 16.2 This Agreement shall not be assignable by CLEC without the express written consent of Qwest, which shall not be unreasonably withheld. Assignment of this Agreement by CLEC to CLEC's subsidiary or affiliate shall be presumed to be reasonable; provided, however, that CLEC must obtain Qwests consent in any event. 16.3 This Agreement benefits CLEC and Qwest. There are no third party beneficiaries. 16.4 This Agreement constitutes the entire understanding between CLEC and Qwest with respect to Service provided herein and supersedes any prior agreements or understandings. April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 20 Exhibit D The parties hereby execute and authorize this Agreement as of the latest date shown below: CLEC Owest Corporation SignatureSignature Name Typed or Printed Name Typed or Printed Title PRODUCT MANAGER Title Date Date Address for Notices Address for Notices Owest Corporation 1801 California, Rm. 2330 Denver, CO 80202 Contact:Contact: ManagerPhone:Phone:303-896-0789 FAX:FAX:303-896-9022 April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 21 Exhibit D EXHIBIT A PULLING IN REPORT This report is to be completed by the CLEC when fiber cable is placed into innerduct. Send to: Manager, Owest Corp 700 W Mineral, Rm IAF12 Littleton, CO 80120 (303-707-7598) 20_ This is to advise you that pursuant to General Agreement No. granted to us under the terms of the Innerduct Agreement dated , 20_ we have completed installation of the following cable into the following ducts. Municipality Location From Manhole at To Manhole at Cable and Equipment Installed Name ofCLEC By: Title: Receipt of the above report is hereby acknowledged ,20_. Owest Corporation By: Title: 1. Reports shall be submitted in duplicate. 2. A complete description of all facilities shall be given, including a print showing the locations, quantities, sizes and types of all cables and equipment. 3. Sketch to be furnished showing duct used. Must be same duct assigned to Licensee by Licensor as shown on Exhibit _' unless a change has been previously authorized in writing by Licensor. April 15, 2008/1hd/XO Communications/lDI Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 22 Exhibit D EXHIBIT B CLEC: NOTIFICATION OF SURRENDER OR MODIFICATION OF CONDUIT OCCUPANCY ORDER BY CLEC Return to: Manager, Qwest Corp 700 W Mineral, Rm IAF12 Littleton, CO 80120 In accordance with the terms and conditions of this Agreement between us, dated , ~, notice is hereby given that the licenses covering occupancy of the following conduit are surrendered (and/or modified as indicated in Licensee's prior notification to Licensor, dated 20_) effective CONDUIT LOCATION L1C. NO. &SURRENDER OR DATE DATE MODIFICATION FAC. RMVD. OR MODIFIED - Name of Licensor Name of Co- Provider By Date Notification Received Title Date Modification Accepted By Discontinued:Total duct footage April 15, 2008/lhd/XO Communications/lD/AgreementNumber CDS-080415-0003Owest Idaho October 4, 2004 Page 23 Exhibit D EXHIBIT C NOTIFICATION OF SURRENDER OR MODIFICATION OF POLE ATTACHMENT ORDER BY CLEC CLEC: Return to: Manager, Qwest Corp 700 W Mineral, Rm IAF12 Littleton, CO 80120 In accordance with the terms and conditions of the Agreement between Qwest and CLEC, dated ,20_, notice is hereby given that the licenses covering attachments to the following poles and/or anchors, and/or utilization of anchor/guy strand is surrendered (or modified as indicated in CLEC's priornotification to Qwest, dated , 20_) effective POLE NO.ASSOC. POLE L1C. NO. &SURRENDER OR DATE FAC. NO.DATE MODIFICATION RMVD OR MODIFIED 1.A A/GS - 2.A AfGS - 3.A A/GS -- 4.A A/GS - 5.A AfGS - 6.A A/GS - 7.A AfGS - 8.A A/GS -. 9.A A/GS - Date Notification Received Date Modification Received By:Name ofCLEC Discontinued: Poles Anchors By: Anchor/Guy Strands Its: April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003Qwest Idaho October 4,2004 Page 24 Exhibit D ATTACHMENT 4 FORM OF ACCESS AGREEMENT After recording, please return to: Manager 700 W Mineral, Rm IAF12 Littleton, CO 80120 ACCESS AGREEMENT THIS ACCESS AGREEMENT (this "Agreement" is made as of the _ day of _, 20_, by and between QWEST CORPORATION, a Colorado corporation, successor in interest to U S WEST COMMUNICATIONS, INC., a Colorado corporation ("Grantor"), whose address isand a , whose address is ("Grantee"). RECITALS A. This Agreement relates to certain real property (the "Property") located in the County of (the "County"), State of (the "State"). B. A copy of an agreement purporting to grant to Grantor certain rights to use the Property, as described therein (the "Easement Rights"), is attached as Exhibit A (the "Right of Way Agreement"). C. Pursuant to 42 U.S.C. §§ 224 and 251 (b )(5), Grantor, as a Local Exchange Carrier, is required to provide access to rights-of-way to a requesting telecommunications carrier, as defined in 42 U.S.C. § 224. Grantee is a telecommunications carrier that has requested access to Grantor's Easement Rights. To comply with the aforementioned legal requirement, Grantor has agreed to share with Grantee its Easement Rights, if any, relating to the Property, to the extent Grantor may legally convey such an interest. D. Subject to the terms and conditions set forth in this Agreement, Grantor has agreed to convey to Grantee, without any representation or warranty, the right to use the Easement Rights, and Grantee has agreed to accept such conveyance. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of Right of Access. Grantor hereby conveys to Grantee and its Authorized Users (as defined below) a non-exclusive, perpetual right to access and use the Easement Rights, which right shall be expressly (a) subject to, subordinate to, and limited by the Right of Way Agreement, and (b) subject to the terms and COnditions hereof. As used in this Agreement, "Authorized Users" of Owner, Grantor and Grantee shall mean Owner, Grantor or Grantee, as applicable, their respective Affiliates and agents, licensees, employees, and invitees, including, without limitation, contractors, subcontractors, consultants, April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003Owest Idaho October 4, 2004 Page 25 Exhibit D suppliers, public emergency vehicles, shipping or delivery vehicles, or construction vehicles. "Affiliates" means, with respect to any Person, any Person that controls, is controlled by or is under common control with such Person, together with its and their respective members, partners, venturers, directors, officers, stockholders, agents, employees and spouses. A Person shall be presumed to have control when it possesses the power, directly or indirectly, to direct, or cause the direction of, the management or policies of another Person, whether through ownership of voting securities, by contract, or otherwise. "Person" means an individual, partnership, limited liability company, association, corporation or other entity. 2. Grantor's Reserved Rights. Grantor reserves to itself and its Authorized Users the right to use the Easement Rights for any purpose not incompatible with the rights conveyed to Grantee by this Agreement. 3. Conditions Precedent to Effectiveness of Agreement. This Agreement is expressly conditioned on the following: a. Recordation of Agreement. If the Right-of-Way Agreement has been publicly recorded, Grantee shall be responsible for assuring that the Agreement is in appropriate form for recording in the real property records of the County, shall pay for the recording thereof, and shall provide a copy of the recorded Agreement to Grantor at the address set forth above. A legible copy of the Right of Way Agreement must be attached to the Agreement when recorded or the Agreement shall not be effective. b. Payment of Costs and Expenses. Grantee shall pay to or reimburse Grantor for all costs and expenses, including reasonable attorneys' fees, relating to-Grantor's execution and delivery of this Agreement. 4. Grantee's Representations and Warranties. Grantee represents and warrants to Grantor that: a. Authority. Grantee is a , duly formed and validly existing under the laws of the State of . All necessary action has been taken by Grantee to execute and deliver this Agreement ànd to perform the obligations set forth hereunder. Grantee is a "telecommunications carrier" as that term is defined in 42 U.S.C. § 224. b. Due Diligence. Grantee acknowledges and agrees that neither Grantor nor any agent, employee, attorney, or representative of Grantor has made any statements,agreements, promises, assurances, representations, or warranties, whether in this Agreement or otherwise and whether express or implied, regarding the Right of Way Agreement or the Easement Rights or the assignability or further granting thereof, or title to or the environmental or other condition of the Property. Grantee further acknowledges and agrees that Grantee has examined and investigated to its full satisfaction the physical nature and condition of the Property and the Easement Rights anä that it is acquiring the Easement Rights in an "AS IS, WHERE IS" condition. Grantee expressly waives all claims for damages by reason of any statement, representation, warranty, assurance, promise or agreement made, if any. April 15, 2008/1hd/XO Communications/lD/Agreement Number CDS-080415-0003Qwest Idaho October 4,2004 Page 26 Exhibit 0 5. Grantee's Covenants. a. Compliance with Right of Way Agreement. Grantee agrees that the rights granted by Grantor hereunder are expressly subject to, subordinate to, and limited by the Right of Way Agreement, and Grantee further agrees to comply in all respects with the terms and conditions of the Right of Way Agreement as they apply to the holder or user of the Easement Rights. In the event Grantee fails to observe or perform any of its obligations under the Right of Way Agreement, Grantor shall have the right, but not the obligation, to perform or observe such obligation to the extent that such obligation can be observed or performed by Grantor. b. Compliance with Laws. Grantee agrees to use the Property and the Easement Rights in compliance with all applicable laws. c. No Further Grant. Grantee shall not grant to any Person other than Grantee's Authorized Users the right to use the Easement Rights without the prior written consent of Grantor, which consent may be granted or withheld in Grantor's sole discretion. d. Non-Interference. Grantee agrees that it will not interfere with Grantor's or Grantor's Authorized Users' use of the Easement Rights and will not take any action or fail to take any action that would negatively affect the Easement Rights or cause or contribute to the termination of the Right of Way Agreement. 6. Indemnification. Grantee hereby agrees to indemnify, defend and hold Owner, Grantor and their respective Affiliates harmless from and against any and all claims, judgments, damages, liabilities, penalties, fines, suits, ..auses of action, costs of settlement, and expenses (including, without limitation, reasonable attorneys' fees) which may be imposed upon or incurred by Grantor or its Authorized Users, or any of them, arising from, relating to or caused by Grantee's breach of this Agreement or the use, or the use by any of Grantee's Authorized Users, of the Easement Rights. In addition to the indemnity obligations described above, in the event that any act or omission of Grantee or Grantee's Authorized Users causes, directly or indirectly, and without reference to any act or omission of Owner, Grantor or their respective Authorized users, the termination or revocation of the Easement Rights, Grantee shall be liable to Grantor for all costs incurred in connection with (a) acquiring replacement Easement Rights over the Property or over other suitable Property, as determined in Grantor's sole judgment (the "Replacement Easement", (b) the fully-loaded cost of constructing replacement facilities over the Replacement Easement, (c) the cost of removing its facilities and personal property from the Property, if required by the Right of Way Agreement, and (d) any other costs of complying with the Right of Way Agreement, including, without limitation, reasonable attorneys' fees. Grantee shall pay all such amounts within ten (10) days of receipt of any invoice for such costs delivered to Grantee by Owner, Grantor or their respective Authorized Users. 7. Condemnation. If any action is taken whereby the Right of Way Agreement or any part of the Easement Rights are terminated, relocated or otherwise affected, by any taking or partial taking by agovernmental authority or otherwise, then such any compensation due or to be paid to the holder of the Easement Rights due to such occurrence shall belong solely to Grantor. 8. Severable Provisions. If any term of this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 9. Default; Remedies. (a) If Grantee files a petition in bankruptcy, or a petition is bankruptcy is filed against Grantee, which is not dismissed on or before fifteen (15) days after such filing, or (b) in the April 15, 2008/lhd/XO Communications/tD/Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 27 Exhibit D event of Grantee's breach or threatened breach of any term, covenant or condition of this Agreement, then Grantor shall have, in addition to all other legal and equitable remedies, the right to (x) terminate this Agreement, (y) enforce the provisions hereof by the equitable remedy of specific performance, or (z) enjoin such breach or threatened breach by injunctive action, all without the necessity of proof of actual damages or inadequacy of any legal remedy. Grantee agrees to pay all costs of enforcement of the obligations of Grantee hereunder, including reasonable attorneys' fees and all costs of suit, in case it becomes necessary for Grantor to enforce the obligations of Grantee hereunder, whether suit be brought or not, and whether through courts of original jurisdiction, as well as in courts of appellate jurisdiction, or through a bankruptcy court or other legal proceedings. 10. Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement may be assigned at any time in whole or in part by Grantor. 11. No Dedication. Nothing contained in this Agreement shall constitute a gift or dedication of any portion of the Easement Rights to the general public or for any public purpose whatsoever. There are no intended third-party beneficiaries to this Agreement. 12. Grantor's Waiver of Confidentiality. If the Right of Way Agreement is not publicly recorded, Grantor hereby grants a limited waiver of any right to keep the terms and conditions of the Right of Way Agreement confidential, except for any dollar amounts in the Right of Way Agreement, which rights Grantor expressly reserves, and subject to Grantee's and Owner's compliance with the terms and conditions in this paragraph. In all instances, Grantee will use the Right of Way Agreement only for the following purposes: (a) to determine whether Grantor has ownership or control over duct, conduits, or rights-of-way within the property described in the Right of Way Agreement; (b) to determine the ownership of wire within the property described in the Right of Way agreement; or (c) to determine the demarcation point between Grantor facilities and the Owner's facilities in the property described in the agreement. Grantee further agrees that Grantee shall not disclose the contents, terms, or conditions of any agreement provided pursuant to Section 10.8 to any Grantee agents or employees engaged in "-sales, marketing, or product management efforts on behalf of Grantee. Grantor's waiver of rights, subject to the limitations set forth above, is intended to be effective whether or not such right to confidentiality is expressly set forth in the Right of Way Agreement or elsewhere or may have been agreed to orally, and so long as Grantee and Owner comply with the conditions set forth above, Grantor further covenants not to assert any claim or commence any action, lawsuit, or other legal proceeding against Owner or Grantee, based upon or arising out of Grantor's alleged right to confidentiality relating to the Right of Way Agreement, except in the event of disclosure of dollar amounts in the Right of Way Agreement. Grantor's waiver is expressly conditioned on Owner's waiver of Owner's confidentiality rights, as set forth in the Consent to Disclosure form, which is a part hereof, or Grantee's provision to Grantor of a legally binding and satisfactory agreement to indemnify Grantee in the event of any legal action arising out of Owner's provision of a non-recorded agreement to Grantee. In the event that, the person executing the Consent to Disclosure form does not have the legal right to bind the Owner, Grantor reserves the right to maintain an action for damages, including, without limitation, consequential damages, arising from such improper execution against any Person improperly executing the Consent to Disclosure form. In any event, Grantor reserves its right to (a) to enforce the confidentiality provisions of the Right of Way Agreement as to any dollar amounts set forth in such Right of Way Agreements, and/or (b) to maintain an action for damages, including, without limitation, consequential damages, arising from the disclosure of the dollar amounts in any Right of Way Agreement, against any party, including, without limitation, against Grantee or against any Person improperly executing the Consent to Disclosure form. 13. Notices. All notices to be given pursuant to this Agreement shall be deemed delivered (a) when personally delivered, or (b) three (3) business days after being mailed postage prepaid, by United April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003Qwest Idaho October 4,2004 Page 28 Exhibit D States certified mail, return receipt requested, or (c) one business day after being timely delivered to an overnight express courier service such as Federal Express which provides for the equivalent of a return receipt to the sender, to the above described addresses of the parties hereto, or to such other address as a party may request in a writing complying with the provisions of this Section. 14. Modification; Counterparts. This Agreement may not be amended, modified or changed, nor shall any waiver of any provision hereof be effective, except by an instrument in writing and signed by the party against whom enforcement of any amendment, modification, change or waiver is sought. This Agreement may be executed in any number of counterparts, all of which shall constitute but one and the same document. 15. Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State. 16. Waiver of Jury TriaL. THE PARTIES HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT OF APPLICABLE LAW, ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. (Signature pages follow' April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 29 Exhibit D EXECUTED as of the date first written above. GRANTOR: Witnessed by:QWEST CORPORATION, a Colorado corporation, successor in interest to U S WEST COMMUNICATIONS, INC., a Colorado corporation COUNTY OF By: Name: Title: ) ) ss: ) STATE OF The foregoing instrument was acknowledged before me this _ day of20__, by as corporation. of QWEST CORPORATION, a Colorado Witness my hand and official seaL. - (SEAL) Notary Public My Commission Expires: April 15, 2008/lhd/XO Communications/lD/Agreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 30 Exhibit D EXECUTED as of the date first written above. GRANTEE: Witnessed by:, a COUNTY OF By: Name: Title: ) ) ss: ) STATE OF The foregoing instrument was acknowledged before me this _ day of20__, by as of a Witness my hand and official seaL. (SEAL) Notary Public My Commission Expires: April 15, 2008/1hd/XO Communications/lDI Agreement Number CDS-080415-0003Qwest Idaho October 4,2004 Page 31 Exhibit D CONSENT TO DISCLOSURE THE UNDERSIGNED, , a ("Owner"),whose address is , hereby consents to the terms of the following paragraphs regarding the agreement described or entitled as between Qwest Corporation, formerly U S WEST Communications, Inc. ("Qwest") and Owner for the property located at ("Property") that provides Qwest with access to Owner's Property (the "Agreement". FOR TEN DOLLARS ($10) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner agrees as follows: 1. Title to Property. Owner represents and warrants either (a) that Owner is the owner of fee title to the Property described in the Agreement or, if no description of the Property is given in the Agreement, then (b) that Owner is the grantor, or the successor to or assignee of the grantor, of the easement rights, if any, under the Agreement. Owner further represents and warrants that Owner has the legal right to execute this Consent to Disclosure, including, without limitation, the right to waive the confidentialiy of the Agreement as set forth in paragraph 3 of this Consent to Disclosure. 2. Owner's Acknowledgments. Owner expressly acknowledges that (a) this is a legal document that may affect Owner's rights and Owner was §iven the opportunity to have the Agreement and this Consent to Disclosure reviewed by Owner's attorney; and (b) Owner, by signing this Consent to Disclosure, waives any rights it may have to keep the terms and provisions of the Agreement confidential. 3. Owner's Waiver of Confidentiality. Owner hereby waives any right it may have to keep the terms and conditions of the Agreement confidential, whether or not such right to confidentiality is expressly set forth in the Agreement or elsewhere or may have been agreed to orally, subject to the compliance of the competitive local exchange carrier ("CLEC") with the requirements of paragraph 5. Owner further covenants not to assert any claim or commence any action, lawsuit, or other legal proceeding against Qwest or CLEC presenting this Consent to Disclosure, based upon or arising out of Owner's alleged right to confidentiality relating to the Agreement. Owner's consent to disclosure applies only to the Agreement that is described in this Consent to Disclosure form and only to the undersigned CLEC. 4. Qwests Waiver of Confidentiality. Qwest represents and warrants that it is granting a limited waiver of its confidentiality rights that permits CLEC to review the Agreement subject to CLEC's compliance with the requirements of paragraph 5 and Qwests right to redact all dollar amounts set forth in the Agreement. Qwests consent to disclosure applies only to the Agreement that is described in this Consent to Disclosure form and only to the undersigned CLEC. 5. CLEC's Obligations. CLEC shall use the Agreement exclusively for the following purposes and for no other purpose whatsoever: (a) to determine whether Qwest has ownership or control over duct, conduits, or rights-of-way within the Property described in the Agreement; or (b) to determine the ownership of wire within the Property described in the Agreement; or April 15, 2008JlhdJXO CommunicationsJIDJAgreement Number CDS-080415-0003Qwest Idaho October 4, 2004 Page 32 Exhibit D (c) to determine the demarcation point between Qwest facilities and the Owner's facilities in the Property described in the Agreement. CLEC further agrees that CLEC shall not disclose the contents, terms, or conditions of the Agreement to any CLEC agents or employees engaged in sales, marketing, or product management efforts on behalf of CLEC. 6. Acknowledgement of Limitation on Waivers. Owner understands that Qwest does not agree to waive the confidentiality of the dollar amounts set forth in any Agreement, and acknowledges that Owner has no right to provide copies of such Agreements to any party unless Owner has completely deleted the dollar amounts. Owner shall not provide a copy of the Agreement unless Owner has completely deleted all dollar amounts. Whether provided by Owner or Qwest,CLEC shall comply with the conditions set forth in paragraph 5. 7. Notices. All notices to be given pursuant to this Agreement shall be deemed delivered (a) when personally delivered, or (b) three (3) business days after being mailed postage prepaid, by United States certified mail, return receipt requested, or (c) one business day after being timely delivered to an overnight express courier service such as Federal Express which provides for the equivalent of a return receipt to the sender, to the above described addresses of the parties hereto, or to such other address as a party may request in a writing complying with the provisions of this Section. EXECUTED as of the date first written above. OWNER: CLEC: April 15, 2008/lhd/XO Communications/ID/ Agreement Number CDS-080415-0003Qwest Idaho October 4,2004 page 33 Exhibit D EXHIBIT 1 Right of Way Agreement (This represents the ROW agreement between the Co-Provider and the property owner) April 15, 2008/lhd/XO Communications/ID/Agreement Number CDS-080415-0003Owest Idaho October 4,2004 Page 34 Qwest All States EXHIBIT E INTENTIONALLY LEFT BLANK October 4,2004 Page 1 EXHIBIT F SPECIAL REQUEST PROCESS 1. The Special Request Process shall be used for the following requests: 1.1 Intentionally Left Blank. 1.2 Intentionally Left Blank. 1.3 Requesting a combination of Unbundled Network Elements that is a combination not currently offered by Qwest as a standard product and: 1.3.1 that is made up of UNEs that are defined by the FCC or the Commission as a network element to which Qwest is obligated to provide unbundled access, and; 1.3.2 that is made up of UNEs that are ordinarily combined in the Qwest network. 1.4 Requesting an Unbundled Network Element that does not require a technical feasibility analysis and has been defined by the FCC or the State Commission as a network element to which Qwest is obligated to provide unbundled access, but for which Qwest has not created a standard product. 2. Any request that requires an analysis of Technical Feasibility shall be treated as a Bona Fide Request (BFR), and will follow the BFR Process set forth in this Agreement. If it is determined that a request should have been submitted through the BFR process, Qwest will consider the BFR time frame to have started upon receipt of the original Special Request application form. 3. A Special Request shall be submitted in writing and on the appropriate Qwest form, which is located on Qwests website. 4. Qwest shall acknowledge receipt of the Special Request within two (2) business days of receipt. 5. Qwest shall respond with an analysis, including costs and timeframes, within fifteen (15) business days of receipt of the Special Request. In the case of UNE Combinations, the analysis shall include whether the requested combination is a combination of network elements that are ordinarily combined in the Qwest network. If the request is for a combination of network elements that are not ordinarily combined in the Qwest network, the analysis shall indicate to CLEC that it should use the BFR process if CLEC elects to pursue its request. 6. Upon request, Qwest shall provide CLEC with Qwests supporting cost data and/or studies for Unbundled Network Elements that CLEC wishes to order within seven (7) business days, except where Qwest cannot obtain a release from its vendors within seven (7) business days, in which case Qwest will make the data available as soon as Qwest receives the vendor release. Such cost data shall be treated as Confidential Information, if requested by Qwest under the non-disclosure sections of this Agreement. Qwest All States August 24, 2006 Page 1 Owest All States EXHIBIT G INTENTIONALLY LEFT BLANK October 4,2004 Page 1 EXHIBIT H IDAHO Calculation of the Relative Use Factor (RUF) Minutes Routed over LIS Trunks that are Qwest's responsibility (A): · All EAS/Local 251(b)(5) MOU that Qwest sends to CLEC · All Exchange Access MOU that Qwest sends to CLEC · All EAS/Local 251 (b)(5) traffc that transits Qwest network and is terminated to CLEC · All EAS/Local 251 (b)(5) traffic that Qwest sends to CLEC for termination on another Carrier's network, provided that the Parties have agreed to exchange this type of traffic · All IntraLATA transit MOU that Qwest sends to CLEC. · All VolP traffic that Qwest sends to CLEC · All VNXX MOU that CLEC sends to Qwest* · All VNXX MOU that transits CLEC's network and is terminated to Qwest, provided that the Parties have agreed to exchange this type of traffic * · All ISP-bound and FX MOU that CLEC sends to Qwest Minutes Routed over LIS Trunks that are CLEC's respønsibilty (B): .. All EAS/Local 251 (b)(5) MOU that CLEC sends to Qwest · All Exchange Access MOU that CLEC sends to Qwest · All EAS/Local 251 (b )(5) traffic that CLEC sends to Qwest for termination on another Carrier's network · All IntraLAT A transit MOU that CLEe sends to Qwest · All Jointly Provided Switched Access (unless joint NECA 4 billing percentages have been filed) that Qwest sends to CLEC and that CLEC sends to Qwest · All VolP traffic that CLEC sends to Qwest · All ISP-bound and VNXX MOU that Qwest sends to CLEC* · All VNXX MOU that transits Qwest network and is terminated to CLEC* The mathematical equation for RUF is as follows: Qwest (A) I (A+B) Rounded to nearest whole percentage CLEC (B) I (A+B) Rounded to nearest whole percentage Data used for the calculation will be the average of the most recent three (3) months' usage determined not to be an anomaly.' . The Commissìon has not yet detennined the regulatory treatment of VNXX traffic, and each Party reserves its rìghts to advocate ìts positìon on, or otherwise pursue its interests with respect to, that issue before the Commìssion, the FCC, and the courts. Once the Commissìon has issued a final order making its determìnatìon, the Partìes will amend thìs Amendment to reflect that determinatìon. Exhibit I - Individual Case Basis 1. This Agreement contains references to both ICB rates and ICB intervals. The purpose of this exhibit is to identify how CLEC's ICB requests - whether they be for rates or intervals - are processed through and by Qwest. 2. ICB Rate Intervals 2.1 For those products and services identified in the SGAT that contain a provision for ICB rates, Qwest will provide CLEC with a written quote of the ICB rate within twenty (20) business days unless a specific interval for providing the quote is either contained in the SGAT or this Exhibit. 2.2 The purpose of this subsection is to identify those circumstances when the generic twenty (20) business day interval in the aforementioned subsection to this Exhibit does not apply. In these specified circumstances, Qwest shall provide CLEC with an ICB quote within the stated specific intervals: 2.2.1 Quotes for all Bona Fide Requests (BFR) shall be provided in accord with Section 17. 2.2.2 Quotes for all Special Request Processes (SRP) shall be provided in accord with Exhibit F. 2.2.3 Quotes for all collocation requests, regardless of the type of collocation, shall be provided in accord with the Section 8 intervaL. 2.2.4 Quotes for all Field Connection Point requests shall be provided in accord with Section 9.3. 2.2.5 Quotes for all Advanced Intelligent Network (AIN) requests shall be provided in accord with Section 9. 2.3 Upon request, Qwest shall provide CLEC with Qwests supporting cost data and/or cost studies for the Unbundled Network Element or service that CLEC wishes to order within seven (7) business days, except where Qwest cannot obtain a release from its vendors within seven (7) business days, in which case Qwest will make the data available as soon as Qwest receives the vendor release. Consistent with the terms and conditions of any applicable vendor contract or agreement, Qwest shall diligently pursue obtaining the release of cost information as soon as reasonably possible. To the extent consistent with the terms and obligations of any applicable vendor contract or agreement, Qwest shall request the release of vendor cost information when Qwest communicates with the vendor(s) when Qwest seeks a quote for the costs of the ICB project. Such cost data shall be treated as confidential information if requested by Qwest under the non-disclosure sections of this Agreement. Negotiations Template, Exhibit I 9-20-04 Page 1 Exhibit I - Individual Case Basis 3. 1GB Provisioning Intervals 3.1 For those products and services provided pursuant to this SGAT that contain a provision for 1GB interval but do not contain a specific provision for when the 1GB interval shall be provided, the ICB interval shall be provided within twenty (20) business days of receipt of the order, request or application. 3.2 For 1GB intervals for those products and services that require negotiated project time lines for installation, such as 2/4 wire analog loop for more than twenty-five (25) loops, the Owest representative, authorized to commit to intervals, shall meet with GLEG's representative within seven (7) business days of receipt of the request from GLEG to negotiate intervals. Negotiations Template, Exhibit I 9-20-04 Page 2 Exhibit J Election of Reciprocal Compensation Option Pursuant to the election in this Exhibit J of this Agreement, the Parties agree to exchange (§251 (b)(5)) Traffic, per section 7.3.4.4 at: CLEC must select either 1. OR 2. 1. The rates applicable to §251 (b)(5) Traffc between Qwest and CLEC shall be the same as therates established in ISP-bound traffc pursuant to Exhibit A, Section 7.7. Such rate for ISP-bound traffc wil apply to §251(b)(5) Traffc in lieu of End Office Call Termination rates, and Tandem Switched Transport rates. Signature When the FCC ordered rate for ISP-bound traffc is applied to (§251 (b)(5)) Traffc, the FCC Ordered ISP rate is used in lieu of End Office call termination and Tandem Switched Transport rate elements. April 15, 2008/1hd/XO CommunicationsllD/Agreement Number CDS-080415-0003 Negotiations Template Exhibit J Page 1 Exhibit K PERFORMANCE ASSURANCE PLAN 1.0 Introduction 1.1 As set forth in this Agreement, Qwest and CLEC voluntarily agree to the terms of the following Performance Assurance Plan ("PAP"), initially prepared in conjunction with Qwests application for approval under Section 271 of the Telecommunications Act of 1996 (the "Act") to offer in-region long distance service and subsequently modified in accordance with the Commission's orders and, where applicable, by operation of law. 2.0 Plan Structure 2.1 The PAP is a two-tiered, self-executing remedy plan. CLEC shall be provided with Tier 1 payments if, as applicable, Qwest does not provide parity between the service it provides to CLEC and that which it provides to its own retail customers, or Qwest fails to meet applicable benchmarks. 2.1.1 As specified in section 7.0, if Qwest fails to meet parity and benchmark standards on an aggregate CLEC basis, Qwest shall make Tier 2 payments to a Fund established by the state regulatory commission or, if required by existing law, tothe state general fund. - 2.2 As specified in sections 6.0 and 7.0 and Attachments 1 and 2, payment is generally on a per occurrence basis, (i.e., a set dollar payment times the number of non-conforming service events). For the performance measurements which do not lend themselves to per occurrence payment, payment is on a per measurement basis, (i.e., a set dollar payment). The level of payment also depends upon the number of consecutive months of non-conforming performance, (i.e., an escalating payment the longer the duration of non-conforming performance) unless otherwise specified. 2.3 Qwest shall be in conformance with the parity standard when service Qwest provides to CLEC is equivalent to that which it provides to its retail customers. The PAP relies upon statistical scoring to determine whether any difference between CLEC and Qwest performance results is significant, that is, not attributable to simple random variation. Statistical parity shall exist when performance results for CLEC and for Qwest retail analogue result in a z-value that is no greater than the critical z- values listed in the Critical Z-Statistical Table in section 5.0. 2.4 For performance measurements that have no Qwest retail analogue, agreed upon benchmarks shall be used. Benchmarks shall be evaluated using a "stare and compare" method. For example, if the benchmark is for a particular performance measurement is 95% or better, Qwest performance results must be at least 95% to meet the benchmark. Percentage benchmarks wil be adjusted to round the Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 1- Exhibit K allowable number of misses up or down to the closest integer, except when a benchmark standard and low CLEC volume are such that a 100% performance result would be required to meet the standard and has not been attained in which case section 3.1.2 applies. 3.0 Performance Measurements 3.1 The performance measurements that are in the PAP and either (1) subject to the PAP payment mechanisms or (2) not subject to the PAP payment mechanisms but subject to the Reinstatement/Removal Process set forth in section 3.2 below are identified in Attachment 1 and sections 6.3 and 7.4. Each performance measurement identified is defined in the Performance Indicator Definitions ("PIDs") included in the SGAT at Exhibit B. 3.1.1 On Attachment 1, the measurements have been designated as Tier 1, Tier 2, or both Tier 1 and Tier 2 and given a High, Medium, or Low designation. 3.1.2 Where applicable elsewhere in the PAP, this provision modifies other provisions and operates as follows: For any Tier 1 or Tier 2 benchmark or non-interval parity performance sub-measure, Qwest shall apply one allowable1ìiss to a sub-measure disaggregation that otherwise would require 100% performance before the performance is considered as non-conforming to standard (1) if at the CLEC-aggregate level, the performance standard is met or (2) where the CLEC-aggregate performance must be 100% to meet the standard, the CLEC-aggregate performance is conforming after applying one allowable miss at that leveL. 3.2 The following measures, which are listed in Attachment 1 or section 7.4, are not subject to the payment mechanisms of the PAP; however, they are subject to the PID Reinstatement/Removal Process. All other measures listed in Attachment 1, section 6.3 or section 7.4 are subject to the PAP payment mechanisms, but they are not subject to the PID Reinstatement/Removal Process. GA-3 Gateway Availability EB-TA GA-4 System Availability EXACT GA-7 Timely Outage Resolution following Software Releases PO-3 LSR Rejection Notice Interval PO-50 Firm Order Confirmations (FOCs) On Time (ASRs for LIS Trunks) PO-7 Billing Completion Notification Timeliness PO-8 Jeopardy Notice Interval PO~16 Timely Release Notifications OP-17 Timeliness of Disconnects Associated with LNP Orders MR-11 LNP Trouble Reports Cleared within Specified Timeframes BI-4 Billing Completeness Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007 - 2- Exhibit K NI-1 Trunk Blocking NP-1 NXX Code Activation 3.3 PID Reinstatement/Removal Process: If Qwests performance for any sub- measure of the PIDs listed in section 3.2 above does not conform to the established PID standard as set forth in the PAP for three consecutive months, that sub-measure will be reinstated (i.e., be subject to the PAP payment mechanisms) subject to the retroactive payment provision of section 3.3.2 and subject to the PAP payment mechanisms effective in the month following the three consecutive months. The determination of whether a PID sub-measure is reinstated is made no later than at the end of the second month following the third consecutive month of non-conforming performance. The sub-measure will remain subject to the PAP payment mechanisms until Qwests performance for that sub-measure satisfies the established standards for three consecutive months. Effective the month following such conforming performance, the sub-measure will no longer be subject to the PAP payment mechanisms but wil continue to be subject to the PID Reinstatement/Removal Process. The determination of whether a PID sub-measure is removed from being subject to the PAP payment mechanisms is made no later than the end of the second month following the third consecutive month of conforming performance. Where applicable elsewhere in the PAP, this PID Reinstatement/Removal Process modifies other provisions and operates as follows: 3.3.1 Disaggregation and Reporting Levels: Performance will be evaluated at the lowest level of disaggregation defined in Exhibit B of the SGAT on a CLEC-aggregated or other-aggregated basis such that performance is evaluated for the purposes of administering the Reinstatement/Removal Process on a statewide or regionwide level, as applicable per the PID. 3.3.2 Retroactive Payments: To calculate retroactive payments for the sub- measures reinstated, PAP payment mechanisms will be applied to the three consecutive months in which the standard was missed, which triggered reinstatement. These retroactive payments will be made to applicable CLECs or the Tier 2 Fund, depending upon the tier designation of the PID, at the end of the third month after the month in which performance triggered re- instatement. 3.3.2.1 Accounting for Payments: In support of retroactive payments (section 3.3.2 above), Qwest will account separately for PAP payments that would have been made to individual CLECs or to the Tier 2 Fund for a sub-measure as though it had been subject to the PAP payment mechanisms, where automatic reinstatement applies, and account separately in the same manner for the time between when it is determined that a sub-measure met the standard for automatic removal and the effective date of removal (the month following the three consecutive "met" months). With regard to sub-measures that are subsequently removed again through this process, any PAP payments Owest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007 - 3- Exhibit K made during the three consecutive months which triggers automatic removal will not be recovered by Owest. 3.3.2.2 Interest: In the case of automatic reinstatement, retroactive payments will include interest calculated at the prime rate as reported in the Wall Street Journal from the date a payment would have been made to the date the payment is actually made. 3.3.2.3 Tracking: Owest will track and report service and payment results, including retroactive and avoided (i.e., during periods of removal) PAP payments and the disposition of the avoided payments on a CLEC, PID sub-measure and aggregate basis each month. 3.3.3 Public Website: Owest will maintain a public website showing the PAP status of each PID or sub-measure with respect to the applicability of the PAP payment mechanisms (i.e., reinstated or removed), which eliminates the requirement to make filings with the Commission to modify the PAP due to the application of the PID Reinstatement/Removal Process. 4.0 Statistical Measurement 4.1 Owest uses a statistical test, namely the modified liz-test," for evaluating the difference between two means (i.e., Owest and CLEC service or repair intervals) or two percentages (e.g., Owest and CLEC proportions), to determine whether a parity condition exists between the results for Owest and the CLEC(s). The modified z- tests shall be applicable if the number of data points are greater than 30 for a given measurement. For testing measurements for which the number of data points are 30 or less, Owest will use a permutation test to determine the statistical significance of the difference between Owest and CLEC. 4.2 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 5.0. 4.3 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. Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 4- Exhibit K The formula for determining parity using the modified z-test is: z = DIFF / GOIFF Where: DIFF = MOwest - MCLEC MOWEST = Qwest average or proportion MCLEC = CLEC average or proportion GOIFF = square root nGoQwest (1/ n CLEC + 1/ n Owest)) çr20west = calculated variance for Qwest nOwest = number of observations or samples used in Qwest measurement nCLEC = number of observations or samples used in CLEC measurement The modified z-tests will be applied to reported parity measurements that contain Alore than 30 data points. In calculating the .difference between Qwest and CLEC performance, the above formula applies when a larger Qwest value indicates a better level of performance. In cases where a smaller Qwest value indicates a higher level of performance, the order is reversed, i.e., MCLEC - MOWEST. 4.3.1 For parity measurements where the number of data points is 30 or less, Qwest will apply a permutation test to test for statistical significance. Permutation analysis will be applied to calculate the z-statistic using the following logic: Calculate the modified z-statistic for the actual arrangement of the data Pool and mix the CLEC and Qwest data sets Perform the following 1000 times: Randomly subdivide the pooled data sets into two pools, one the same size as the original CLEC data set (nCLEC) and one reflecting the remaining data points, and one reflecting the remaining data points, (which is equal to the size of the original Qwest data set or 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 Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 5- Exhibit K If the fraction is greater than a, the significance level of the test, the hypothesis of no difference is not rejected, and the test is passed. The a shall be .05 when the critical z value is 1.645 and .15 when the critical z value is 1.04. 5.0 Critical Z-Value 5.1 The following table shall be used to determine the critical z-value that is referred to in section 6.0. It is based on the monthly business volume of the CLEC for the particular performance measurements for which statistic testing is being performed. TABLE 1: CRITICAL Z-VALUE CLEC volume LIS Trunks,UDITs,All Other (Sample size)Resale, UBL-DS1 and DS- 3 1-10 1.04*1.645 11-150 1.645 1.645 151-300 2.0 2.0 301-600 2.7 2,7 601-3000 3.7 3.7 3001 and above 4.3 4.3 * 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-5a, OP-6-4/5, MR-5a/b, MR-7d/e, and MR-8. 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. 6.0 Tier 1 Payments to CLEC 6.1 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 4.0. 6.1.1 Determination of Non-Conforming Measurements: The number of performance measurements that are determined to be non-conforming and, therefore, eligible for Tier 1 payments, are limited according to the critical z-value shown in Table 1, section 5.0. The critical z-values are the statistical standard that Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 6- Exhibit K determines for each CLEC performance measurement whether Qwest has met parity. The critical z-value is selected from Table 1 according to the monthly CLEC volume for the performance measurement. For instance, if the CLEC sample size for that month is 100, the critical z-value is 1.645 for the statistical testing of that parity performance measurement. 6.2 Determination of the Amount of Payment: Tier 1 payments to CLEC, except as provided for in sections 6.2.3, 6.3 and 10.0, are calculated and paid monthly based on the number of performance measurements exceeding the critical z-value. Payments will be made on either a per occurrence or per measurement basis, depending upon the performance measurement, using the dollar amounts specified in Table 2 below. The dollar amounts vary depending upon whether the performance measurement is designated High, Medium, or Low and escalate depending upon the number of consecutive months for which Qwest has not met the standard for the particular measurement. 6.2.1 The escalation of payments for consecutive months of non-conforming service will be matched month for month with de-escalation of payments for every month of conforming service. For example, if Qwest has four consecutive monthly "misses" it will make payments that escalate from month 1 to month 4 as shown in Table 2. If, in the next month, service meets the standard, Qwest makes no payment. A payment "indicator" de-escalates down from month 4 to month 3. If Qwest misses the following month, it will make payment at the month 3 level of Table 2 because that is where the payment "indicator" presently sits. If Qwest misses again the following month, it will make payments that escalate back to the month 4 leveL. The payment level will de-escalate back to the original month 1 level only upon conforming service sufficient to move the payment "indicator" back to the month 1 leveL. 6.2.2 For those performance measurements listed on Attachment 2 as "Performance Measurements Subject to Per Measurement Caps," excluding BI-3A, payment to a CLEC in a single monfh shall not exceed the amount listed in Table 2 below for the "Per Measurement Cap" category. For those performance measurements listed on Attachment 2 as "Performance Measurements Subject to Per Measurement Payments," if any should be added at a later time, payment to a CLEC will be the amount set forth in Table 2 below under the section labeled "Per Measurement Cap." Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 7- Exhibit K TABLE 2: TIER 1 PAYMENTS TO CLEC Per Occurrence Measurement Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Each Group following month after Month 6 add High $150 $250 $500 $600 $700 $800 $100 Medium $ 75 $150 $300 $400 $500 $600 $100 Low $ 25 $ 50 $100 $200 $300 $400 $100Per Measurement Cap Measurement Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Each Group following month after Month 6 add Hiqh $25,000 $50,000 $75,000 $100,000 $125,000 $150,000 $25,000 Medium $10,000 $20,000 $30,000 $ 40,000 $ 50,000 $ 60,000 $10,000 Low $ 5,000 $10,000 $15,000 $ 20,000 $ 25,000 $ 30,000 $ 5,000 6.2.3 For the BI-3A performance measurement, the dollar payment amount for non- conforming performance varies depending upon the Total Bill Adjustment Amount for the CLEC. The payment amount is calculated using Table 2A below by multiplying the per occurrence amount times the number of occurrences based on the Total Bil Adjustment Amount,1 capped at the amount shown in the table for that Total Bill Adjustment Amount. The escalation of payments for consecutive months as stated in section 6.2.1 does not apply. TABLE 2A: TIER 1 PAYMENTS TO CLECS FOR BI-3A Total Bill Adjustment Per Occurrence Cap Amount Amount $0 - $0.99 $0 $0 $1 - $199.99 $1 $200 $200 - $999.99 $10 $5,000 $1,000 - $9,999.99 $10 $10,000 $10,000 - $49,999.99 $15 $15,000 $50,000 - $99,999.99 $20 $20,000 $100,000 and over $25 $25,000 6.3 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 1 Total Bill Adjustment Amount is determined by subtracting the BI-3A numerator from the BI-3A denominator as defined in the BI-3 PID fonnula. Qwest Idaho SGA T Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 8- Exhibit K due date will have a per day payment applied according to Table 3. The per day payment will be applied to any collocation job in which the feasibility study is provided or the collocation installation is completed later than the scheduled date. The calculation of the payment amount wil 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 $1,000/day $300/day 6.4 A minimum payment calculation shall be performed by Qwest at the end of each year for each CLEC with annual order volumes of no more than 1,200. The payment shall be calculated by adding the applicable minimum payment amount in Table 4 below for each month in which at least one payment was due to the CLEC. To the extent that the actual CLEC payment for the year is less than the product of the preceding calculation, Qwest shall make an additional payment equal to the difference. TABLE 4: MINIMUM PAYMENTS TO CLECS Minimum Payment Total Monthly Payment:Amount: Less than $200 $ 0 Between $200 and $800 $ 1,500 Between $801 and $1,400 $ 2,000 Over $1,400 $ 2,500 7.0 Tier 2 Payments to the State 7.1 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 1 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. 7.2 Determination of Non-Conforming Measurements: Th~ determination of non- conformance will be based upon the aggregate of all CLEC data for each Tier 2 Owest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 9- Exhibit K performance measurement. Non-conforming service is defined in section 4.2 (for parity measurements) and 4.3 (for benchmark measurements), except that a 1.645 critical z-value shall be used for Tier 2 parity measurements that have Tier 1 counterparts. The critical z-value is the statistical standard that determines for each performance measurement whether Qwest has met parity. 7.3 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 of performance measurements failng 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 1 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 5.1, in any single month. Payment will be made on either a per occurrence or per measurement basis, whichever is applicable to the performance measurement, using the dollar amounts specified in Table 5 or Table 6 below. Except as provided in section 7.4, the dollar amounts vary depending upon whether the performance measurement is designated High, Medium, or Low. 7.3.1 For those Tier 2 measurements listed on Attachment 2 as "Performance Measurements Subject to Per Measurement Caps," payment to the State in a single month shall not exceed the amount listed in Table 5 for the "Per Measurement Cap" category. TABLE 5: TIER 2 PAYMENTS TO STATE FUNDS Per Occurrence Measurement Group Hiqh $500 Medium .$300 Low $200 Per Measurement Cap Measurement Group Hiqh $75,000 Medium $30,000 Low $20,000 7.4 Performance Measurements Subject to Per Measurement Payment: The following Tier 2 performance measurements shall have their performance results measured on a region-wide (14 state) basis. Failure to meet the performance standard, therefore, will result in a per measurement payment in each of the Qwest in-region 14 states adopting this PAP. The performance measurements are: GA-1: Gateway Availability - IMA-GUI GA-2: Gateway Availability - IMA-EDI GA-3: Gateway Availability - EB-TA GA-4: System Availability - EXACT Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007 - 10- Exhibit K GA-6: Gateway Availability - GUI-Repair PO-1: Pre-Order/Order Response Times OP-2: Call Answered within Twenty Seconds - Interconnect Provisioning Center MR-2: Calls Answered within Twenty Seconds - Interconnect Repair Center GA-1 has two sub-measurements: GA-1A, and GA-1D. PO-1 shall have two sub- measurements: PO-1A and PO-1B. PO-1A and PO-1B 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 6: Tier 2 Per Measurement Payments to State Funds, TABLE 6: TIER 2 PER MEASUREMENT PAYMENTS TO STATE FUNDS Measurement Performance State Payment 14 State Payment GA-1,2,3,4,6 1% or lower $1,000 $14,000 ;:1% to 3%$10,000 $140,000 ;:3% to 5%$20,000 $280,000 ;:5%$30,000 $420,000 PO-1 2 sec. or less $1,000 $14,000 ;:2 sec.to 5 $5,000 $70,000 sec. ;:5 sec.to 10 $10,000 $140,000 sec. ;:10 sec.$15,000 $210,000 OP-2/MR-2 1% or lower $1,000 $14,000 ;:1% to 3%$5,000 $70,000 ;:3% to 5%$10,000 $140,000 ;:5%$15,000 $210,000 8.0 Step by Step Calculation of Monthly Tier 1 Payments to CLEC 8.1 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. Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007 - 11- Exhibit K 8.2 Performance Measurements for which Tier 1 Payment is Per Occurrence: 8.2.1 Performance Measurements that are Averages or Means: 8.2.1.1 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.) 8.2.1.2 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 9.0, the calculated percent differences is capped at 100%. 8.2.1.2 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. 8.2.2 Performance Measurements that are Percentages: 8.2.2.1 Step 1: For each performance measurement, the percentage that would yield the critical z-value shall be calculated. The same denominator as the one used in calculating the z- statistic for the measurement shall be used. (For benchmark measurements, the benchmark value shall be used.) 8.2.2.2 Step 2: The difference between the actual percentages for the CLEC and the calculated percentages shall be determined. 8.2.2.3 Step 3: For each performance measurement, the total number of data pointsshall be multiplied by the difference in percentage calculated in the previous step, and the per occurrence dollar amount taken from the Tier 1 Payment Table, to determine the payment to the CLEC for each non-conforming performance measurement. 8.2.3 Performance Measurements that are Ratios or Proportions: 8.2.3.1 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 in calculating the z-statistic for the measurement shall be used. (For benchmark measurements, the benchmark value shall be used.) 8.2.3.2 Step 2:, The absolute difference between the actual rate for the CLEC and the calculated rate shall be determined. Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007 - 12- Exhibit K 8.2.3.3 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. 8.3 Performance Measurements for which Tier 1 Payment is Per Measure: 8.3.1 For each performance measurement where Qwest fails to meet the standard, the payment to the CLEC shall be the dollar amount shown on the "per measure" portion of Table 2: Tier fPayments to CLEC. 9.0 Step by Step Calculation of Monthly Tier 2 Payments to State Funds ~ 9.1.1 Application of the Critical Z-Value: Qwest shall identify the Tier 2 parity performance measurements that measure the service provided by Qwest to all CLECs for the month in question. The statistical testing procedures described in section 4.0 shall be applied, except that a 1.645 critical z-value shall be used for Tier 2 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 5.1. 9.1.2 To determine if Tier 2 payments for performance measurements listed on Attachment 1 shall be made in the current month, the following shall be determined. For Tier 2 measurements that have Tier 1 counterparts, it shall be determined whether Qwest missed the performance standard for three consecutive months, or if Qwest has missed the standard in any two out of three consecutive months for the 12 month period and for an additional two consecutive months. For Tier 2 measurements that do not have Tier 1 counterparts, it shall be determined whether Qwest missed the performance standard for a 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 Qwests 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. Owest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007 - 13- Exhibit K 9.2 Performance Measurements for which Tier 2 Payment is Per Occurrence: 9.2.1 Performance Measurements that are Averages or Means: 9.2.1.1 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.) 9.2.1.2 Step 2: The percentage difference between the actual averages and the calculated averages for the relevant month(s) shall be calculated. The calculation for parity measurements is % diff = (actual average - calculated average)/calculated average. The percent difference shall be capped at a maximum of 100%. In all calculations of percent differences in section 8.0 and section 9.0, the calculated percent difference is capped at 100%. 9.2.1.3 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. 9.3 Performance Measurements that are Percentages: 9.3.1 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.) 9.3.1.2 Step 2: The difference between the actual percentages and the calculated percentages for the relevant month(s) shall be calculated. The calculation for parity measurement is diff = (CLEC result - calculated percentage). This formula shall be applicable where a high value is indicative of poor performance. The formula shall be reversed where high performance is indicative of good performance. 9.3.1.3 Step 3: For each performance measurement, the total number of data points for the relevant month(s) shall be multiplied by the difference in percentage calculated in the previous step. The amount (average amount, if more than one month)(rounded to the nearest integer) is then multiplied by the result of the per occurrence dollar amounts taken from the Tier 2 Payment Table to determine the payment to the State. Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 14- Exhibit K 9.4 Performance Measurements that are Ratios or Proportions: 9.4.1 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.) 9.4.1.1 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 isindicative of poor performance. The formula shall be reversed where high performance is indicative of good performance. 9.4.1.2 Step 3: For each performance measurement, the total number of data points shall be multiplied by the difference calculated in the previous step for each month. The amount (average amount, if more than one month)(rounded to the nearest integer) is then multiplied by the result of the per occurrence dollar amounts taken from the Tier 2 Payment Table to determine the payment to the State. 9.5 Performance Measurements for which Tier 2 Payment is Per Measure: 9.5.1 For each performance measurement where Qwest fails to meet the standard, the payment to the State Fund shall be the dollar amount shown on the "per measure" portion of the Tier 2 Payment Table. 10.0 Low Volume, Developing Markets 10.1 For certain qualifying performance standards, if the aggregate monthly volumes of GLEGs participating in the PAP are more than 10, but less than 100, Qwest will make Tier 1 payments to GLEGs for failure to meet the parity or benchmark standard for the qualifying performance sub-measurements. The qualifying sub-measurements are the ADSL qualified loop product disaggregations of OP-3, OP-4, OP-5a, MR-3, MR-5, MR-7, 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. 10.2 The determination of whether Qwest has met the parity or benchmark standards will be made using aggregate volumes of GLEGs participating in the PAP. In the event Qwest does not meet the applicable performance standards, a total payment to affected GLEGs wil be determined in accordance with the high, medium, low designation for each performance measurement (see Attachment 1) and as described in section 8.0, 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 wil Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 15- Exhibit K be apportioned to the affected CLECs based upon each CLEC's relative share of the number of total service misses. 10.3 At the six (6)-month reviews, Qwest will consider adding to the above list of qualifying performance sub-measurements, new products disaggregation representing new modes of CLEC entry into developing markets. 11.0 Payment 11.1 Payments to CLEC, the State, or the Special Fund shall be made one month following the due date of the performance measurement report for the month for which payment is being made. Qwest wil pay interest on any late payment and underpayment at the prime rate as reported in the Wall Street Journal. On any overpayment, Qwest is allowed to offset future payments by the amount of the overpayment plus interest at the prime rate. 11.2 Payment to CLEC shall be made via bill credits. Bill credits shall be identified on a summary format substantially similar to that distributed as a prototype to the CLECs and the Commissions. To the extent that a monthly payment owed to CLEC under this PAP exceeds the amount owed to Qwest by CLEC on a monthly bill, Qwest will issue a check or wire transfer to CLEC in the amount of the overage. Payment to the State shall be made via check or wire transfer. 11.3 A Special Fund shall be created for the purpose of payment of an independent auditor and audit costs as specified in section 15.0 and payment of other expenses incurred by the participating Commissions in the regional administration of the PAP. 11.3.1 Qwest shall establish the Special Fund as an interest bearing escrow account upon the first FCC section 271 approval of the PAP applicable to a participating state Commission. Qwest shall be authorized to withhold and deposit into the Special Fund one-half of all Tier 2 payments. The cost of the escrow account wil be paid for from account funds. 11.3.2 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. 11.3.3 Qwest shall advance funds to meet initial claims against the Special Fund to the extent Tier 2 contributions are insufficient. Such funds shall not exceed $500,000 and shall be reduced appropriately in the event that at least six states in which the QPAP is in effect do not agree to participate in the Special Fund. Upon a determination by the participating Commissions that the Special Fund has become Owest Idaho SGA T Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 16- Exhibit K self-sustaining or is no longer required, Qwest shall be allowed to recover any such advances plus interest at the rate that the escrow account would have earned. 11.3.4 Upon the execution of a memorandum of understanding with the Idaho Commission, Qwest shall establish an Idaho Discretionary Fund as a separate interest bearing escrow account. Qwest shall deposit into the Discretionary Fund the remaining balance of Tier 2 payments after disbursement of Tier 2 payments to the Special Fund pursuant to section 13.3.1. 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. 12.0 Cap on Tier 1 and Tier 2 Payments 12.1 There shall be a cap on the total payments made by Qwest for a 12 month period beginning with the effective date of the PAP for the State of Idaho. The annual cap for the State of Idaho shall be 36% of ARMIS Net Return, recalculated each year based upon the prior year's Idaho ARMIS results , subject to any applicable adjustment permitted pursuant to section 12.2. Qwest shall submit to the Commission the calculation of each year's cap no later than 30 days after submission of ARMIS results to the FCC. CLEC agrees that this amount constitutes-a maximum annual cap that shall apply to the aggregate total of Tier 1 liquidated damages, including any such damages paid pursuant to this Agreement, any other interconnection agreement, or any other payments made for the same underlying activity or omission under any other contract, order or rule and Tier 2 assessments or payments made by Qwest for the same underlying activity or omission under any other contract, order or rule. 12.2 The 36% annual cap may be increased to 44% or decreased to 30% of ARMIS Net Return as follows: 12.2.1 An increase in the cap of a maximum of 4 percentage points at anyone time (i.e., first to 40 percent) shall occur upon order by the Commission if the cap has been exceeded for any consecutive period of 24 months by that same 4 percent or more, provided that: (a) the Commission has determined that the preponderance of the evidence shows Qwest could have remained beneath the cap through reasonable and prudent effort, and (b) the Commission has made that determination after having available to it on the record the results of audits and root cause analyses, and provided an opportunity for Qwest to be heard. 12.2.2 A decrease in the cap of a maximum of 4 percentage points at anyone time shall occur upon order by the Commission after performance for any consecutive period of 24 months in which total payments are 8 or more percentage points below the cap amount, provided that: (a) the Commission has determined that the Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 17- Exhibit K preponderance of the evidence shows the performance results underlying those payments results from an adequate Qwest commitment to meeting its responsibilties 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. 12.2.3 The provisions of 12.2.1 and 12.2.2 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. 12.3 If the annual cap is reached, each CLEC shall, as of the end of the year, be entitled to receive the same percentage of its total calculated Tier 1 payments. In order to preserve the operation of the annual cap, the percentage equalization shall take place as follows: 12.3.1 The amount by which any month's 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 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." 12.3.2 The Tier 1 apportionment shall be debited against the monthly payment dueto each CLEC, by applying to the year-to-date payments received by each the percentage necessary to generate the required total Tier 1 amount. 12.3.3 The Tracking Amount shall be apportioned among all CLECs so as to provide each with payments equal in percentage of its total year to date Tier 1 payment calculations. 12.3.4 This calculation shall take place in the first month that the year-to-date total Tier 1 and Tier 2 payments are expected to exceed the cumulative monthly cap and for each month of that year thereafter. Qwest shall recover any debited amounts by reducing payments due to any CLEC for that month and any succeeding months, as necessary. 13.0 Limitations 13.1 The PAP shall not become available in the State unless and until Qwest receives effective section 271 authority from the FCC for that State. 13.2 Qwest will not be liable for Tier 1 payments to CLEC in an FCC approved state until the Commission has approved an interconnection agreement between CLEC and Qwest which adopts the provisions of this PAP. Qwest Idaho SGA T Third Revised, Sixth Amended Exhibit K, June 26, 2007 ~ 18- Exhibit K 13.3 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 in this section merely suspends Owests ability to timely perform an activity subject to a performance measurement that is an interval measure, the applicable time frame in which Owests compliance with the parity or benchmark criterion is measured wil be extended on an hour-for-hour or day-for-day basis, as applicable, equal to the duration of the excusing event. 13.3.1 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 reqùesting party can show cause, such as grounds provided in the Uniform Commercial Code for cases of commercial uncertainty. 13.3.2 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 Owests 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) Owests payment of Tier -1 "liquidated damages" or Tier 2 "assessments" as evidence that Owest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007 - 19- Exhibit K Qwest has discriminated in the provision of any facilities or services under Sections 251 or 252, or has violatéd any state or federal law or regulation. Qwests 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 Qwests performance with respect to this remedy plan may not be used as an admission of liability or culpability for a violation of any state or federal law or regulation. (Nothing herein is intended to preclude Qwest from introducing evidence of any Tier 1 "liquidated damages" under these provisions for the purpose of offsetting the payment against any other damages or payments a CLEC might recover.) The terms of this paragraph do not apply to any proceeding before the Commission or the FCC to determine whether Qwest has met or continues to meet the requirements of section 271 of the Act. 13.5 By incorporating these liquidated damages terms into the PAP, Qwest and CLEC accepting this PAP agree that proof of damages from any non-conforming performance measurement would be difficult to ascertain and, therefore, liquidated damages are a reasonable approximation of any contractual damages that may result from a non-conforming performance measurement. Qwest and CLEC further agree that Tier 1 payments made pursuant to this PAP are not intended to be a penalty. The application of the assessments and damages provided for herein is not intended to foreclose other noncontractual legal and non-contractual regulatory claims and remedies that may be available to a CLEC. 13.6 This PAP contains a comprehensive set of performance measurements, statistical methodologies, and payment mechanisms that are designed to function together, and only together, as an integrated whole. To elect the PAP, CLEC must adopt the PAP in its entirety, in its interconnection agreement with Qwest. By electing remedies under the PAP, CLEC waives any causes of action based on a contractual theory of liability, and any right of recovery under any other theory of liability (including but not limited to a state utility regulatory commission or Federal Communications Commission rule or order) to the extent such recovery is related to harm compensable under a contractual theory of liability (even though it is sought through a noncontractual claim, theory, or cause of action). 13.7 If for any reason a CLEC agreeing to this QPAP is awarded compensation for the same harm for which it received payment under the QPAP , the court or other adjudicatory body hearing such a claim may offset the damages resulting from such claim against payments made for the same harm. 13.8 Qwest shall not be liable for both Tier 2 payments under the PAP and assessments, sanctions, or other payments for the same underlying activity or omission pursuant to any Commission order or service quality rules. 13.9 Whenever a Qwest Tier 1 payment to an individual CLEC exceeds $3 milion in a month, Qwest may commence a proceeding to demonstrate why it should not be Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 20- Exhibit K required to pay any amount in excess of the $3 million. Upon timely commencement of the proceeding, Qwest must pay the balance of payments owed in excess of $3 million into escrow, to be held by a third-party pending the outcome of the proceeding. To invoke these escrow provisions, Qwest must fie, not later than the due date of the Tier 1 payments, its application. Qwest will have the burden of proof to demonstrate why, under the circumstances, it would be unjust to require it to make the payments in excess of $3 million. If Qwest reports non-conforming performance to CLEC for three consecutive months on 20% or more of the measurements reported to CLEC and has incurred no more than $1 million in liability to CLEC, then CLEC may commence a similar proceeding. In any such proceeding CLEC will have the burden of proof to demonstrate why, under the circumstances, justice requires Qwest to make payments in excess of the amount calculated pursuant to the terms of the PAP. The disputes identified in this section shall be resolved in a manner specified in the Dispute Resolution section of the SGAT with the CLEC. 14.0 Reporting 14.1 Upon receiving effective section 271 authority from the FCC for a state, ' Qwest will provide CLEC that has an approved interconnection agreement with Qwest, a monthly report of Qwests performance for the measurements identified in the PAP by the last day of the month following the month for which performance resuits are being reported. However, Qwest shall have a grace period of five business days, so that Qwest shall not be deemed out of compliançe with its reporting obligations before the expiration of the five business day grace period. Qwest wil 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. 14.2 Qwest will also provide the Commission a monthly report of aggregate CLEC performance results pursuant to the PAP by the last day of the month following the month for which performance results are being reported. However, Qwest shall have a grace period of five business days, so that Qwest shall not be deemed out of compliance with its reporting obligations before the expiration of the five business day grace period. Individual CLEC reports of participating CLECs will also be available to the Commission upon request. By accepting this PAP, CLEC consents to Qwest providing CLEC's report and raw data to the State Commission. Pursuant to the terms of an order of the Commission, Qwest may provide CLEC-specific data that relates to the PAP, provided that Qwest shall first initiate any procedures necessary to protect the confidentiality and to prevent the public release of the information pending any applicable Commission procedures and further provided that Qwest provides such notice as the Commission directs to the CLEC involved, in order to allow it to prosecute such procedures to their completion. Data files of participating Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 21- Exhibit K CLEC raw data, or any subset thereof, will be transmitted, without charge, to the Commission in a mutually acceptable format, protocol, and transmission form. 14.3 In the event Qwest does not provide CLEC and the Commission with a monthly report by the last day of the month following the month for which performance results are being reported, Qwest will pay to the State a total of $500 for each business day for which performance reports are 6 to 10 business days past the due date; $1,000 for each business day for which performance reports are 11 to 15 business days past the due date; and $2,000 for each business day for which performance results are more than 15 business days past the due date. If reports are on time but are missing performance results, Qwest will pay to the State a total of one-fifth of the late report amount for each missing performance measurement, subject to a cap of the full late report amount. These amounts represent the total payments for omitting performance measurements or missing any report deadlines, rather than a payment per report. Prior to the date of a payment for late reports, Qwest may file a request for a waiver of the payment, which states the reasons for the waiver. The Commission may grant the waiver, deny the waiver, or provide any other relief that may be appropriate. 14.4 To the extent that Qwest recalculates payments made under this PAP, such recalculation shall be limited to the preceding three years (measured from the later of the provision of a monthly credit statement or payment due date). Qwest shall retain sufficient records to demonstrate fully the basis for its calculations for long enough to meet this potential recalculation obligation. CLEC verification or recalculation efforts should be made reasonably contemporaneously with Qwest measurements. In any event, Qwest shall maintain the records in a readily useable format for one year. For the remaining two years, the records may be retained in archived format. Any payment adjustments shall be subject to the interest rate provisions of section 11.1. 15.0 Integrated Audit Programllnvestigations of Performance Results 15.1 Audits of the PAP shall be conducted in a two-year cycle under the auspices of the participating Commissions in accordance with a detailed audit plan developed by an independent auditor retained for a two-year period. The participating Commissions shall select the independent auditor with input from Qwest and CLECs. 15.1.1 The participating Commissions shall form an oversight committee of Commissioners who wil 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. 15.1.2 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 wil give priority to auditing Owest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 22- Exhibit K the higher risk areas identified in the ass report. The two-year cycle wil examine risks likely to exist across that period and the past history of testing, in order to determine what combination of high and more moderate areas of risk should be examined during the two-year cycle. The first year of a two-year cycle will concentrate on areas most likely to require follow-up in the second year. 15.1.3 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 Owests 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 Owests 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. 15.2 Owest may make management processes more accurate or more efficient to perform without sacrificing accuracy. These changes are at Owests 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 by the independent auditor to the participating Commissions and, where the Commissions deem it appropriate, to other participants. 15.3 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 d;:ys after a request for consultation, CLEC and Owest may, upon a demonstration of good cause, (e.g., 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 unti dispute resolution is completed. Audit findings will include: (a) general applicability of findings and conclusions (i.e., relevance to CLECs or jurisdictions other than the ones causing test initiation), (b) magnitude of any payment adjustments required and, (c) whether cost responsibility should be shifted based upon the materialiy and clarity of any Owest non-conformance with measurement requirements (no pre-determined variance is appropriate, but should Owest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007 - 23- Exhibit K be based on the auditor's professional judgment). CLEC may not request an audit of data more than three years from the later of the provision of a monthly credit statement or payment due date. 15.4 Expenses for the audit of the PAP and any other related expenses, except that which may be assigned under section 15.3, 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. 15.5 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. 16.0 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 Utilties 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. 16.1.1 Notwithstanding section 16.1, 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 Owest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007 - 24- Exhibit K 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. 16.1.2 For the first twelve months that any changes made pursuant to paragraphs 16.1 or 16.1.1 are in effect, Owests liability for such changes shall be limited to 10% of the monthly payments that Owest 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 Owest would have made absent such changes. 16.1.3 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 16.1.1, 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, Owests 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 OPAP were inadequate to compensate CLEC(s) for actual harm incurred during the same period and upon a determination that such change is otherwise necessary and appropriate and in the public interest. 16.1.4 Notwithstanding section 16.1, any party may submit a root cause analysis to the Commission requesting removal of a PID or sub-measure from the PAP or requesting exemption of a PID or sub-measure from the application of the trigger mechanism for reinstatement or subsequent removaL. In the analysis and recommendations concerning the root cause analysis, the Commission is to consider, at a minimum, whether the root cause analysis provides evidence of no harm, the same harm as covered by other PID measures, non-Owest related causes, or other factors which directly relate to the harm or circumstances specific to the PID or sub- measure being analyzed. 16.2 Two years after the effective date of the first FCC 271 approval of the PAP, the participating Commissions may conduct a joint review by a independent third party to examine the continuing effectiveness of the PAP as a means of inducing compliant performance. This review shall not be used to open the PAP generally to amendment, but would serve to assist Commissions in determining existing conditions and reporting to the FCC on the continuing adequacy of the PAP to serve its intended functions. The expense of the reviews shall be paid from the Special Fund. Qwest Idaho SGA T Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 25- Exhibit K 16.3 Owest will make the PAP ,available for CLEC interconnection agreements until such time as Owest eliminates its Section 272 affiliate. At that time, the Commission and Owest shall review the appropriateness of the PAP and whether its continuation is necessary. However, in the event Owest exits the interLATA market, that State PAP shall be rescinded immediately. 17.0 Voluntary Performance Assurance Plan This PAP represents Owests voluntary offer to provide performance assurance. Nothing in the PAP or in any conclusion of non-conformance of Owests service performance with the standards defined in the PAP shall be construed to be, of itself, non-conformance with the Act. 18.0 Dispute Resolution For the purpose of resolving disputes over the meaning of the provisions of the PAP and how they should be applied, the dispute resolution provisions of the SGAT, section 5.18, shall apply whether the CLEC uses the SGAT in its entirety or elects to make the PAP part of its interconnection agreements (i.e., the unique dispute resolution provisions of interconnection agreements should not apply). Owest Idaho SGA T Third Revised, Sixth Amended Exhibit K, June 26, 2007 - 26- Exhibit K Attachment 1: Tier 1 and Tier 2 Performance Measurements Subject to Per Occurrence Payment Performance Measurement Tier 1 Payments Tier 2 Payments Low Med Hiqh Low Med Hiqh GATEWAY Timely Outaçie Resolution GA-Y X PRE-ORDER/ORDERS LSR Rejection Notice Interval PO-3a X Firm Order Confirmations On Time PO-S X X Work Completion Notification Timeliness PO-6°X Billinq Completion Notification Timeliness PO_yo X Jeopardy Notice Interval PO-S X Timely Jeopardy Notices PO-9 X Release Notifications PO-16 X (Expanded)-Manual Service Order PO-20 X Accuracy ORDERING AND PROVISIONING Installation Commitments Met OP'-39 X X Installation Intervals OP_4C9 X X New Service Quality OP-X X Sa9,bd,9 Delayed Days OP_68,9 X X Number Portability Timeliness OP-S X XCoordinated Cuts On Time' -Unbundled OP-13a X X Loops LNP Disconnect Timeliness OP-1Y .X X MAINTENANCE AND REPAIR Out of Service Cleared within 24 hours MR-39 X All Troubles Cleared within 4 hours MR-S9 X Mean time to Restore MR-X 6a9,b9,c9, df,ef Repair Repeat Report Rate MR-y9 X X Trouble Rate MR-S9 X X LNP Trouble Reports Cleared within MR-11 X X Specified Timeframes BILLING Time to Provide Recorded Usaae Records BI-1 X X Billinq Accuracy-Adiustments for Errors BI-3 X Billinq Completeness BI-4 X X NEnNORK PERFORMANCE Trunk Blockinq NI-1 X X NXX Code Activation NP-1 X X Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 200Y - 2Y- Exhibit K a. PO-3 is limited to PO-3a-1, PO-3b-1, and PO-3c. b. PO-6 is included with PO-7 as two "families:" PO-6a/PO-7a and PO-6b/PO-7b. Measurements within each family share a single payment opportunity with only the measurements with the highest payment being paid. c. OP-4 is included with OP-6 as five "families:" OP-4a/OP-6-1, OP-4b/OP-6-2, OP-4c/OP-6-3, OP-4d/OP- 6-4, and OP-4e/OP-6-5. Measurements within each family share a single payment opportunity with only the measurement with the highest payment being paid. d. Section 3.1.2 applies to OP-5b only if the number of orders with trouble in OP-5a is no more than one. e. For purposes of the PAP, OP-6a and OP-6b will be combined and treated as one. The combined OP-6 breaks down to OP-6-1 (within MSA), OP-6-2 (outside MSA), OP-6-3 (no dispatch), OP-6-4 (zone 1), and OP-6-5 (zone 2). f. Applicable only to xDSL-1 capable loops. g. Excludes the following product disaggregations as applicable to this PID: Resale Centrex, Resale Centrex 21, Resale DSO (non-designed), Resale ()SO (designed), Resale DSO, E911/911 Trunks, Resale Frame Relay, Resale Basic ISDN (non-designed), Resale Basic ISDN (designed), Resale Basic ISDN, Resale Primary ISDN (non-designed), Resale Primary ISDN (designed), Resale Primary ISDN, Resale PBX (non-designed), Resale PBX (designed), Resale PBX, Sub-Loop Unbundling, UNE-P (POTS), UNE-P (Centrex), and UNE-P (Centrex 21). Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007 - 28- Exhibit K Attachment 2: Performance Measurements Subject to Per Measurement Caps Billing Time to Provide Recorded Usage Records - BI-1 (Tier 1/Tier 2) Billing Accuracy - Adjustments for Errors - BI-3 (Tier 1) Billing Completeness - BI-4 (Tier 1/Tier 2) owest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007 - 29-