20090724Application.pdf

Maura E. Peterson
Paralegal
Regulatory Law
RECE
2009 JUL 24 AM 9= 35
ID p.... ¡ ,.~UTI jf;¡..liT C ISSION
nllQwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]Facsimile [phone]
Qwest~
Spirit of Service~
Via Overnight delivery
July 23, 2009
Jean Jewell, Secretar
Idaho Public Utilties Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. Q.l.E-.,-o9-/3
Application for Approval of Interconnection Agreement
Dear Ms. Jewell:
Enclosed for filing is an original and three copies of the Application for Approval of an
Interconnection Agreement between Qwest Corporation and Matrix Telecom, Inc. dba Matrix
Business Technologies dba Trinsic Communications. Qwest respectfully requests that this
matter be placed on the Commission Decision Meeting Agenda for expedited approvaL.
Please contact me i~have any questions concerning the enclosed.
assistance in this my..;
:JlY~l 60
Maura È. Petersoii~
Thank you for your
~.,
mep
cc: Service list
.,"
Adam L. Sher (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr~qwestcom
RECEIVED
20U9 JUL 24 AM 9: 35
IDAHO PUBU¡;~,. N
UT1UTlES COMMlS~I'-.N
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.: Gìc.':JG..: oct -/3
APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of
Interconnection Agreement ("Agreement"). The Agreement with Matrx Telecom, Inc. dba
Matrx Business Technologies dba Trinsic Communications ("Matrx") is submitted herewith.
This Agreement was reached through voluntar negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommuncations Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement
reached through voluntar negotiations only if the Commission finds that: the agreement (or
portion(s) thereof) discrminates against a telecommuncations carer nota 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
Communcations Commssion. Expeditious approval of this Agreement wil enable Matrx to
APPLICATION FOR APPROVAL OF INERCONNCTION AGREEMENT
MATR TELECOM, INC. DBA MATRI BUSINSS TECHNOLOGIES Page 1
"..
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications serices.
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 hearng and does not concern other paries not a pary to the negotiations.
Expeditious approval would further the public interest
Respectfully submitted this tJ~ay of July, 2009.~on~
Attorney for Qwest
=:,
APPLICATION FOR APPROVAL OF INTERCONNCTION AGREEMENT
MATRIX TELECOM, INC. DBA MATRI BUSINSS TECHNOLOGIES Page 2
"
CERTIFICATE OF SERVICE
t'Ø
I hereby certify that on this ~ day of July, 2009, I served the foregoing
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT upon all
parties of record in this matter as follows:
Jean Jewell, Secretar
Idaho Public Utilties Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
i i ewe1líjpuc. state. id. us
Hand Deliver
U. S. Mail
X Overnght Deliver
Facsimile
Email
Scott Klopack
VP Regulator and General Counsel
Matrix Telecom, Inc.
7171 Forest Lane, Suite 700
Dallas, Texas 75230
Hand Deliver
-X U. S. Mail
Overight Deliver
Facsimile
Email
Brian Gustas
SVP Wholesale Serices
Matrx Telecom, Inc.
7171 Forest Lane, Suite 700
Dallas, Texas 75230
Hand Deliver
-X U.S. Mail
Overight Deliver
Facsimile
Email
l ___
APPLICATION FOR APPROVAL OF INTERCONNCTION AGREEMENT
MATRIX TELECOM, INC. DBA MATRIX BUSINSS TECHNOLOGIES Page 3
Qivi; -t-óCf -13 RECEIVED
2889 JUL 24 AM 9: 35
TERMS AND CONDITIONS FOR INTERCONNECTION, I 0 PUB! ¡t-
UNBUNDLED NETWORK ELEMENTS, ANCILLARY SERVIdi~1 S COMM1ŠSION
AND RESALE OF TELECOMMUNICATIONS SERVICES
INTERCONNECTION AGREEMENT
BETWEEN
QWEST CORPORATION
AND
MATRIX TELECOM, INC. DBA MATRIX BUSINESS TECHNOLOGIES
DBATRINSIC COMMUNICATIONS
FOR THE STATE OF IDAHO
AGREEMENT NUMBER
CDS-090518-0004
TABLE OF CONTENTS
SECTION 1.0 - GENERAL TERMS .................................................................................. 1
SECTION 2.0 -INTERPRETATION AND CONSTRUCTION ...........................................2
SECTION 3.0 - CLEC INFORMATION .............................................................................4
SECTION 4.0 - DEFINITIONS .......................................................................................... 6
SECTION 5.0 - TERMS AND CONDITIONS .................................................................. 28
5.1 GENERAL PROVISIONS ...... ..... ............................... .... ................................... ...... 28
5.2 TERM OF AGREEMENT ................ ..................... .... ............................................... 29
5.3 PROOF OF AUTHORIZATION ............................ .................................... ................ 29
5.4 PAyMENT...........................................................................................................30
5.5 TAXES............................... ....................................................... ......................... 32
5.6 INSURANCE ........................................................................................................32
5.7 FORCE MAJEURE............................................................................................... 33
5.8 LIMITATION OF LIABILITY ..................................................................................... 34
5.9 INDEMNITy.............. ... ............ ......... ................ ................... ................................ 34
5.10 INTELLECTUAL PROPERTY ..................................................................................36
5.11 WARRANTIES .....................................................................................................38
5.12 ASSiGNMENT......................................................................................................38
5.13 DEFAUL T............................................................................................................39
5.14 DISCLAIMER OF AGENCy.................................................................................... 39
5.15 SEVERABILITY........................................................... ......................................... 39
5.16 NONDiSCLOSURE......... ...................................................................................... 40
5.17 SURVIVAL ..... .......................................................................................... ...........42
5.18 DISPUTE RESOLUTION........................................................................................ 42
5.19 CONTROLLING LAW.................. .......... ................................................................43
5.20 RESPONSIBILITY FOR ENVIRONMENTAl CONTAMINATION .....................................43
5.21 NOTiCES................................................. ........................................................... 44
5.22 RESPONSIBILITY OF EACH PARTY ....................................................................... 44
5.23 No THIRD PARTY BENEFiCiARIES........................................................................ 44
5.24 INTENTIONALLY LEFT BLANK........... ....................................................................45
5.25 PUBLICiTY.......................................................................................................... 45
5.26 EXECUTED IN COUNTERPARTS.. ................................. ................................ .........45
5.27 COMPLIANCE..................................................................................................... 45
5.28 COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAw
ENFORCEMENT ACT OF 1994 ............................................................................. 45
5.29 COOPERATION ...................................................................................................45
5.30 AMENDMENTS............ ................ ....................... ................................................. 45
5.31 ENTIRE AGREEMENT........... ..................... ..........................................................46
SECTION 6.0 - RESALE................................................................................................47
6.1 DESCRIPTION .............................................................................................. .......47
6.2 TERMS AND CONDITIONS ........................................................................ ............47
6.3 RATES AND CHARGES ........................................................................................52
6.4 ORDERING PROCESS......................................................................................... 53
6.5 BILLING..............................................................................................................54
6.6 MAINTENANCE AND REPAIR......... ....................................................................... 55
6.7 COMMINGLING OF RESOLD SERVICES WITH UNBUNDLED NETWORK
ELEMENTS AND COMBINATIONS OF UNBUNDLED NETWORK ELEMENTS.. .............. 55
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TABLE OF CONTENTS
SECTION 7.0 - INTERCONNECTION ............................................................................. 56
SECTION 8.0 - COLLOCATION ............. ............................ ....... .......................... ...........57
SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS ................. ................................ 58
9.1 GENERAL TERMS ............................. ..................... ................................. ............58
9.2 UNBUNDLED LoOps ...................................... ...... ............................................... 71
9.3 SUBLOOP UNBUNDLING .............. .......... .... ..........................................................90
9.4 INTENTIONALLY LEFT BLANK............................................................................... 90
9.5 NETWORK INTERFACE DEVICE (NID)................................................................... 9Q
9.6 UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT)................................. 90
9.7 UNBUNDLED DARK FIBER ...................................................................................95
9.8 INTENTIONALLY LEFT BLANK............................................................................... 96
9.9 INTENTIONALLY LEFT BLANK............................................................................... 96
9.1 0 INTENTIONALLY LEFT BLANK............................................................................... 96
9.11 INTENTIONALLY LEFT BLANK ......... ............................. ............................... .......... 96
9.12 INTENTIONALLY LEFT BLANK ............................. ..................... ........ ..... ................ 96
9.13 INTENTIONALLY LEFT BLANK.. ....................... ............... ....................... ................ 96
9.14 INTENTIONALLY LEFT BLANK............................................................................... 96
9.15 INTENTIONALLY LEFT BLANK ........ ............................................................... ........ 96
9.16 INTENTIONALLY LEFT BLANK ............. ................ ......... .........................................96
9.17 INTENTIONALLY LEFT BLANK............................................................................... 96
9.18 ADDITIONAL UNBUNDLED ELEMENTS......... ............................................. .............96
9.19 CONSTRUCTION CHARGES...... ........... ................................................................96
9.20 INTENTIONALLY LEFT BLANK............................................................................... 98
9.21 LINE SPLITTING... ......... .......... ....................... ........ ........... .................. ................98
9.22 INTENTIONALLY LEFT BLANK.................................................................... ......... 102
9.23 UNBUNDLED NETWORK ELEMENT COMBINATIONS ............................................. 102
9.24 Loop SPLITTING .............................................................................................. 110
9.25 Loop-Mux COMBINATION (LMC)...................................................................... 114
SECTION 10.0 - ANCILLARY SERVICES ................ ........................................ ........... 115
10.1 INTERIM NUMBER PORTABILITY ......................................................................... 115
10.2 LOCAL NUMBER PORTABILITY ........................................................................... 122
10.3 911/E911 SERViCE.......................................................................................... 122
10.4 WHITE PAGES DIRECTORY LISTINGS SERViCE................................................... 127
10.5 DIRECTORY ASSISTANCE SERViCE.................................................................... 132
10.6 DIRECTORY ASSISTANCE LIST .......................................................................... 135
10.7 TOLL AND ASSISTANCE OPERATOR SERViCES................................................... 140
10.8 ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAY ...........................144
SECTION 11.0 - NETWORK SECURITy..................................................................... 145
SECTION 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) ............151
12.1 DEscRiPTioN.......... ......................................................................................... 151
12.2 OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROViSiONING................. 151
12.3 MAINTENANCE AND REPAIR............................. ................................................. 163
SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS ............................................174
SECTION 14.0 - LOCAL DIALING PARITY.................................................................. 175
SECTION 15.0 - QWEST'S OFFICIAL DIRECTORY PUBLISHER .............................. 176
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TABLE OF CONTENTS
SECTION 16.0 - REFERRAL ANNOUNCEMENT ........ ............... ......... ......... ........ ....... 177
SECTION 17.0 - BONA FIDE REQUEST PROCESS.................................................... 178
SECTION 18.0 -AUDIT PROCESS.............................................................................. 18 1
SECTION 19.0 - CONSTRUCTION CHARGES ........................................................... 184
SECTION 20.0 - SERVICE PERFORMANCE .............................................................. 185
SECTION 21.0 - NETWORK STANDARDS .................................................................186
SECTION 22.0 - SIGNATURE PAGE........................................................................... 189
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EXHIBIT A
EXHIBIT B
EXHIBITC
EXHIBIT D
EXHIBITE
EXHIBIT F
EXHIBIT G
EXHIBITH
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)
Intentionally Left Blank
Special Request Process
Intentionally Left Blank
Calculation of the Relative Use Factor (RUF) - (Intentionally Left Blank)
Individual Case Basis (ICB)
Election of Reciprocal Compensation Option - (Intentionally Left Blank)
Performance Assurance Plan
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Section 1
General Terms
Section 1.0 - GENERAL TERMS
1.1 This Agreement for Interconnection, Unbundled Network Elements, ancilary services,
and resale of Telecommunications Services. is between Qwest Corporation ("Qwest"), a
Colorado corporation, and Matrix Telecom, Inc. dba Matrix Business Technologies dba Trinsic
Communications ("CLEC"), a Texas corporation, pursuant to Section 252(f) of the
Telecommunications Act of 1996, for purposes of fulfillng Qwest's obligations under Sections
222, 251(a), (b), and (c), 252, and other relevant provisions of the Act and the rules and
regulations promulgated there under.
1.2 Intentionally Left Blank.
1.3 This Agreement sets forth the terms, conditions and pricing under which Qwest wil
provide to CLEC network Interconnection, access to Unbundled Network Elements, ancilary
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 Blank.
1.8 With respect to the terms and provisions of this Agreement, Qwest has negotiated the
Agreement in its entirety, and the inclusion of any particular provision, or rate, term and
condition, is not evidence of the reasonableness thereof when considered apart from all other
provisions of the Agreement.
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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 wil
not be construed to define or limit any of the terms in this Agreement or affect the meaning and
interpretation of this Agreement. Unless the context shall otherwise require, any reference to
any statute, regulation, rule, Tariff, technical reference, technical publication, or any publication
of Telecommunications industry administrative or technical standards, shall be deemed to be a
reference to the most recent version or edition (including any amendments, supplements,
addenda, or successor) of that statute, regulation, rule, Tariff, technical reference, technical
publication, or any publication of Telecommunications industry administrative or technical
standards that is in effect. Provided however, that nothing in this Section \2.1 shall be deemed
or considered to limit or amend the provisions of Section 2.2. In the event a change in a law,
rule, regulation or interpretation thereof would materially change this Agreement, the terms of
Section 2.2 shall prevail over the terms of this Section 2.1. In the case of any material change,
any reference in this Agreement to such law, rule, regulation or interpretation thereof wil 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
Part'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 March 11, 2005 (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 to reflect such legally binding modification or change of the
Existing Rules. Where the Parties fail to agree upon such an amendment within sixty (60) Days
after notification from a Part 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 wil 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 Part within thirty (30) Days of the
effective date of an order issuing a legally binding change, any resulting amendment shall be
deemed effective on the effective date of the legally binding change or modification of the
Existing Rules for rates, and to the extent practicable for other terms and conditions, unless
otherwise ordered. In the event neither Part provides notice within thirt (30) Days, the
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Section 2
Interpretation and Constrction
effective date of the legally binding change shall be the Effective Date of the amendment unless
the Parties agree to a different date. During the pendency of any negotiation for an amendment
pursuant to this Section 2.2 the Parties shall continue to perform their obligations in accordance
with the terms and conditions of this Agreement, for up to sixt (60) Days. 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 Qwest's or
CLEC's rights or obligations under this Agreement, then the rates, terms, and conditions of this
Agreement shall prevaiL. To the extent another document abridges or expands the rights or
obligations of either Part under this Agreement, the rates, terms and conditions of this
Agreement shall prevaiL.
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Section 3
CLEC Information
Section 3.0 . CLEC INFORMATION
3.1 Except as otherwise required by law, Qwest wil not provide or establish
Interconnection, Unbundled Network Elements, ancilary 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, ancilary services, and/or resale of Telecommunications Services hereunder.
3.2 Prior to placing any orders for services under this Agreement, the Parties will
jointly complete the following sections of Qwests "New Customer Questionnaire:"
General Information
Billng and Collection (Section 1)
Credit Information
Billng Information
Summary Biling
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 Biling information;
Create summary bils;
Establish input and output requirements;
Create and distribute Qwest and CLEC contact lists; and
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Section 3
CLEC Information
Identify CLEC hours and holidays.
3.2.2 CLECs that have previously completed a Questionnaire need not fill 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.
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Section 4
Definitons
Section 4.0 - DEFINITIONS
NOTE: Certain definitions in this Section 4 are not currently in use in this Agreement;
however, they have been left in this Section to faciltate the ability to amend this
Agreement at a future date. Definitions that are impacted apply to Interconnection,
Collocation, certain UNEs (Subloop, NID, UDF and LMC) and certain Ancilary Services
(LNP and Poles, Ducts, Conduits and Rights of Way).
"Access Service Request" or "ASR" means the industry guideline forms and supporting
documentation used for ordering Access Services. The ASR wil be used to order trunking and
facilities between CLEC and Qwest for Local Interconnection Service.
"Access Services" refers to the interstate and intrastate switched access and private line
transport services offered for the origination and/or termination of interexchange traffic.
"Access Tandem Switch" is a Switch used to connect End Office Switches to interexchange
Carrier Switches. Qwests Access Tandem Switches are also used to connect and switch traffc
between and among Central Offce Switches within the same LATA and may be used for the
exchange of local traffc.
"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.
"Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with, another person. For purposes of this paragraph,
the term 'own' means to own an equity interest (or the equivalent thereof) of more than 10
percent.
"AMI T1" is a transmission system sometimes used on loops to transmit DS1 signals .(1.544
Mbps) using Alternate Mark Inversion (AMI) line code.
"Applicable Law" means all laws, statutes, common law, ordinances, codes, rules, guidelines,
orders, permits and approval of any governmental regulations, including, but not limited to, the
Act, the regulations, rules, and final orders of the FCC and the Commission, and any final
orders and decisions of a court of competent jurisdiction reviewing the regulations, rules, or
orders of the FCC or the Commission.
"Application Date" or "APP" means the date CLEC provides Qwest an application for service
containing required information as set forth in this Agreement.
"ATIS" or "Allance 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.
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Section 4
Definitions
"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.
"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 (Le., 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 wil be via a dial-up modem using a common protocol.
"Automatic Number Identification" or "ANI" is the Billng telephone number associated with the
access line from which a call originates. ANI and Calling Part 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 ancilary services such as 911, directory assistance and operator
services.
"Bil Date" means the date on which a Biling period ends, as identified on the bilL.
"Biling" involves the provision of appropriate usage data by one Telecommunications Carrier to
another to facilitate Customer Billng with attendant acknowledgments and status reports. It
also involves the exchange of information between Telecommunications Carriers to process
claims and adjustments.
"Binder Groups" mean 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.
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Section 4
Definitions
"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.
"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 talles (1) shall include only those access lines connecting End User Customers
with Owest end-offces 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 OS 1 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.
"Callng Party Number" or "CPN" is a Common Channel Signaling (CCS) parameter which
refers to the ten digit number transmitted through a network identifying the callng part.
Reference Qwest 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 Interoperabiliy Forum (NIIF), the Ordering and Biling Forum
(OBF), the Industry Numbering Committee (INC), and the Toll Fraud Prevention Committee
(TFPC). On occasion, the CLC commissions ad hoc committees when issues do not have a
logical home in one of the subtending forums. OBF and NIMC publish business process rules
for their respective areas of concern.
"Central 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 Offce 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 Offce Switches. CLEC Switch (es) shall be
considered Tandem Offce Switch (es) to the extent such Switch (es) serve(s) acomparable geographic area as Qwests Tandem Office Switch. A fact-based
consideration by the Commission of geography should be used to classify any Switch on
a prospective basis.
"Centralized Automatic Message Accounting" or "CAMA" trunks are trunks using MF signaling
protocol used to record Biling data.
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Definitons
"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 Biling number of the callng part. Charge
Number frequently is not the Callng Part 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 Owest's Wire Center
where CLEC's fiber facilty meets Owests Fiber Entrance Facility, except where CLEC uses an
Express Fiber Entrance Facility. In either case, Owest wil extend or run the Fiber Entrance
Facilty 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 facilties 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 Carriet' or "CLEC" refers to a Part that has submitted a request,
pursuant to this Agreement, to obtain Interconnection, access to Unbundled Network Elements,
ancillary services, or resale of Telecommunications Services. CLEC is an entity authorized to
provide local Exchange Service that does not otherwise qualify as an Incumbent Local
Exchange Carrier (ILEC).
~'Confidential Information" shall have the meaning set forth in Section 5.16.
"Cross Connection" is a cabling scheme between cabling runs, subsystems, and equipment
using patch cords or jumper wires that attach to connection hardware on each end.
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Definitons
"Current Service Provider" means the Party from which an End User Customer is planning to
switch its local Exchange Service or the Part from which an End User Customer is planning to
port its telephone number(s).
"Custom Callng Features" comprise a group of features provided via a Central Office Switch
without the need for special Customer Premises Equipment. Features include, but are not
limited to, call waiting, 3-way callng, abbreviated dialing (speed callng), 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, callng number delivery, Customer originated
trace, distinctiveringing/call waiting, selective call forwarding and selective call rejection.
"Customer" is a Person to whom a Part provides or has agreed to provide a specific service or
set of services, whether directly or indirectly. Customer includes Telecommunication Carriers.
See also, End User Customer.
"Customer Premises Equipment" or "CPE" means equipment employed on the premises of a
Person other than a Carrier to originate, route or terminate Telecommunications (e.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 End User Customer or carrier.
"Demarcation Point" means the point where Owest owned or controlled facilities cease, and
CLEC, End User Customer, premises owner or landlord ownership or control of facilities begin.
"Designed, Verified and Assigned Date" or "DVA" means the date on which implementation
groups are to report that all documents and materials have been received and are complete.
"Desired Due Date" means the desired service activation date as requested by CLEC on a
service order.
"Dialing Parity" shall have the meaning set forth in Section 14.1.
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Definitions
"Digital Cross Connect System" or "DCS" is a function which provides automated Cross
Connection of Digital Signal Level 0 (DSO) or higher transmission bit rate digital channels within
physical interface facilities. Types of DCS include but are not limited to DCS 1/0s, DCS 3/1s,
and DCS 3/3s, where the nomenclature 1/0 denotes interfaces typically at the DS1 rate or
greater with Cross Connection typically at the DSO rate. This same nomenclature, at the
appropriate rate substitution, extends to the other types of DCS specifically cited as 3/1 and 3/3.
Types of DCS that cross connect Synchronous Transport Signal level 1 (STS-1 s) or other
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 wil be, at least, the aggregation of
requirements on the "component" DCS. In locations where automated Cross Connection
capability does not exist, DCS will be defined as the combination of the functionality provided by
a Digital Signal Cross Connect (DSX) or Light Guide Cross Connect (LGX) patch panels and D4
channel banks or other DSO and above multiplexing equipment used to provide the function of a
manual Cross Connection. Interconnection is between a DSX or LGX to a Switch, another
Cross Connection, or other service platform device.
"Digital Signal Level" means one of several transmission rates in the time-division multiplex
hierarchy.
"Digital Signal Level 0" or "DSO" is the 64 Kbps standard speed for digitizing one voice
conversation using pulse code modulation. There are twenty-four (24) DSO channels in a DS1.
"Digital Signal Level 1" or "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) DS1s in a DS3.
"Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS3 is
defined as the third level of multiplexing.
"Digital Subscriber Line Access Multiplexet' 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 Offce) over one (1) copper pair.
"HDSL" or "High-Data Rate Digital Subscriber Line" is a synchronous baseband DSL
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Definitions
technology operating over one or more copper pairs. HDSL can offer 784 Kbps circuits
over a single copper pair, T1 service over two (2) copper pairs, or future E1 service over
three (3) copper pairs.
"HDSL2" or "High-Data Rate Digital Subscriber Line 2" is a synchronous baseband DSL
technology operating over a single pair capable of transporting a bit rate of 1.544 Mbps.
"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 callets 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
facilties 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.
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Definitions
"Electronic Bonding" is a real-time and secure electronic exchange of data between information
systems in separate companies. Electronic Bonding allows electronic access to services which
have traditionally been handled through manual means. The heart of Electronic Bonding is
strict adherence to both International and National standards. These standards define the
communication and data protocols allowing all organizations in the world to exchange
information.
"Electronic File Transfer" means any system or process that utilzes an electronic format and
protocol to send or reæive data fies.
"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.
Tiie ESN facilitates Selective Routing and transfer, if required, to the appropriate PSAP and the
dispatch of proper Emergency Response Agency(ies).
"End User Customer" means a third part retail Customer that subscribes to a
Telecommunications Service provided by either of the Parties or by another Carrier or by two (2)
or more Carriers.
"Enhanced Serviæs" means any service offered over Common Carrer 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, Supenund 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 Intenace" or "EM I" 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 bilable,
non-billable, sample, settlement and study data. EMR format is contained in BR-010-200-010
CRIS Exchange Message Record, a Telcordia document that defines industry standards for
exchange message records.
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Section 4
Definitions
"Exchange Service" or "Extended Area Service (EAS)/Local Traffc" means traffc that is
originated and terminated within the Local Callng 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, unaffliated with Qwest, that maintains a Collocation
arrangement in a Qwest Wire Center, with active electrical power supply, and operates a fiber-
optic cable or comparable transmission facility that (1) terminates at a Collocation arrangement
within the Wire Center; (2) leaves the Qwest Wire Center premises; and (3) is owned by a party
other than Qwest or any affilate 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 affilated 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 intenace (as opposed to an electrical intenace) 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 part database services such as L1DB. The SS7 messages received by Hub
Providers are accepted or rejected by the Hub Provider depending on whether a contractual
arrangement exists between the Hub Provider and the message originator (sender) and whether
the message originator has contracted for the type of SS7 messages being submitted for
transmission to the Hub Provider.
"Individual Case Basis" or "ICB" shall have the meaning set forth in Exhibit i.
"Information Service" is the offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilzing, 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-
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Definitions
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 Mbps.
"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 traffc, Exchange
Access and Jointly Provided Switched Access traffc.
"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.
"Interexchange Service" means telecommunications service between stations in different
exchange areas. Modification of Final Judgment, § IV(K), reprinted in United States v. Am. Tel.
& Tel. Co., 552 F. Supp. 131, 229 (D.D.C. 1982) (defining "interexchange telecommunications"
as "telecommunications between a point or points located in one exchange telecommunications
area and a point or points located in one or more other exchange areas or a point outside an
exchange area").
"Interim Number Portability" or "INP" is a method of number portability, such as Remote Call
Forwarding ("RCF") or any other comparable and technically feasible arrangement, that allows
one Part to port telephone numbers from its network to the other Part's network with as little
impairment of quality, reliabilty 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).
"lnterLATA Traffc" 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 ass Function to process seamlessly (Le., without
any manual intervention) business transactions with CLEC's ass application, and vice versa,
by means of secure exchange of transaction data models that use data fields and usage rules
that can be received and processed by the other Part to achieve the intended ass Function
and related response. (See also Electronic Bonding.)
"lntraLATA LEC Toll" means IntraLATA Toll traffc carried solely by a Local Exchange Carrier
and not by an IXC.
"lntraLATA Toll Traffc" describes IntraLATA Traffc outside the Local Callng Area.
"LERG Reassignment" or "NXX Reassignment" means the reassignment of an entire NXX code
shown in the LERG from one Carrier to another Carrer.
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Section 4
Definitions
"Line Side" refers to End Offce 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 Callng Area" is a geographically defined area as established by the effective tariffs of
Qwest as approved by the Commission.
"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 Facilty" is a DS1 or DS3 facility that extends
from CLEC's Switch location or Point of Interconnection (POI) to the Owest Serving Wire
Center. An Entrance Facility may not extend beyond the area served by the Owest Serving
Wire Center.
"Local Interconnection Service" or "LIS" is the Qwest product name for its provision of
Interconnection as described in Section 7 of this Agreement.
"Local Number Portabilty" or "LNP" shall have the meaning set forth in Section 10.2.1.1.
"Local Service Ordering Guide" or "LSOG" is a document developed by the OBF to establish
industry-wide ordering and Billng processes for ordering local services.
"Local Service Request" or "LSR" means the industry standard forms and supporting
documentation used for ordering local services.
"Local Tandem Switch" is a Owest switch used to connect and switch trunk circuits between
End Office Switches for traffc within an EAS/Local callng area.
"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.
"Long Distance Service" (see "Interexchange Service").
"Loop" or "Unbundled Loop" shall have the meaning set forth in Section 9.2.1.
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Definitions
"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
in some instances performs electrical to optical (EtO) conversion.
LCM includes DLC, and D4 channel banks and may be located in Remote Terminals or
Central Offices.
"Main Distribution Frame" or "MDF" means a Owest distribution frame (e.g., COSMICTM frame)
used to connect Owest cable pairs and line and trunk equipment terminals on a Owest switching
system.
"Maintenance and Repair" involves the exchange of information between Carriers where one
initiates a request for maintenance or repair of existing products and services or Unbundled
Network Elements or combinations thereof from the other with attendant acknowledgments and
status reports in order to ensure proper operation and functionality of facilities.
"Maintenance of Service charge" is a Miscellaneous Charge that relates to trouble isolation work
performed by Owest. Basic Maintenance of Service charges apply when the Owest technician
performs work during standard business hours. Overtime Maintenance of Service charges
apply when the Owest technician performs work on a business day, but outside standard
business hours, or on a Saturday. Premium Maintenance of Service charges apply when the
Owest technician performs work on either a Sunday or Owest recognized holiday.
"Master Street Address Guide" or "MSAG" is a database of street names and house number
ranges within their associated communities defining particular geographic areas and their
associated ESNs to enable proper routing of 911 calls.
"Meet Point" is a point of Interconnection between two (2) networks, designated by two (2)
Telecommunications Carriers, at which one Carriets responsibility for service begins and the
other Carriets responsibilty ends.
"Meet-Point Billng" or "MPB" or "Jointly Provided Switched Access" or "JPSA" refers to an
arrangement whereby two (2) or more LECs (including a LEC and CLEC) receive traffic in the
same LATA that the call is to be terminated in or originated from, and jointly provide Switched
Access Service to an Interexchange Carrier, with each LEC (or CLEC) receiving an appropriate
share of the revenues from the IXC as defined by their effective switched access Tariffs.
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Definitions
"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.
"Mid-Span Meet POi" A Mid-Span Meet POI is a negotiated Point of Interface, limited to the
Interconnection of facilities between the Qwest Serving Wire Center location and the location of
the CLEC switch or other equipment located within the area served by the Qwest Serving Wire
Center.
"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). CMRS includes paging, air-ground radio, telephone
service and offshore radiotelephone services, as well as mobile telephony services, such as the
service offerings of carriers using cellular radiotelephone, broadband PCS and SMR licenses.
"Multiple Exchange Carrier Access Biling" or "MECAB" refers to the document prepared by the
Billng Committee of the Ordering and Biling 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 ATIS (0401004-0009), contains the
recommended guidelines for the Biling of an access service provided by two (2) or more LECs
(including a LEC and a CLEC), or by one (1) LEC in two (2) or more states within a single LATA.
"Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for Access Services -
Industry Support Interface, refers to the document developed by the Ordering/Provisioning
Committee under the auspices of the Ordering and Biling Forum (OBF), which functions under
the auspices of the Carrier Liaison Committee (CLC) of the Allance for Telecommunications
Industry Solutions (ATIS). The MECOD document, published by ATIS (0404120-0006),
contains 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).
"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 CLEC'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
wil be contained in the Performance Indicator Definitions (PIDs), where applicable.
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Section 4
Definitions
"Network Element" is a facilty 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 Billng 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 Part to which an End User Customer switches its local
Exchange Service or the Part 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.
"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)(ii)(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 Portabilty 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 fift (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 10-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
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Section 4
Definitions
and all telephone numbers bearing such NPA are associated with services provided within that
geographic area. A "Non-Geographic NPA," also known as a "Service Access Code" (SAC
Code), is typically associated with a specialized Telecommunications Service which may be
provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are
examples of Non-Geographic NPAs.
"NXX," "NXX Code," "Central Office Code," or "CO Code" is the three- (3)-digit Switch entity
code which is defined by the "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 Qwest, at the request of CLEC, that is in lieu of
testing CLEC should complete to isolate trouble to the Qwest network prior to submitting a
trouble ticket to Qwest.
"Ordering and Biling Forum" or "OBF" means the telecommunications industry forum, under the
auspices of the Carrier Liaison Committee of the Allance for Telecommunications Industry
Solutions, concerned with inter-company ordering and Biling.
"Originating Line Information Parameter" or "OLIP" is a CCS SS7 signaling parameter that
identifies the line class of service, i.e., originating screening and routing translation.
"P.01 Transmission Grade of Service" means a circuit switched trunk facilty 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 Qwest wil be provided in "substantially the
same time and manner" to that which Qwest provides to itself, its End User Customers, its
Affliates or to any other party.
I~Party" means either Qwest or CLEC and "Parties" means Qwest and CLEC.
"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.
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Section 4
Definitions
"Point of Interlace", "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 aline or trunk connection point, including a line card and associated peripheral
equipment, on a Central Offce Switch but does not include Switch features. The Port serves as
the hardware termination for line or Trunk Side facilties 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.
"Premises" refers to Qwests Central Offces 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 "PCAT" 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 PCA T. The PCAT is available on Qwests web site:
http://ww.qwest.com/wholesale/pcatl
"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
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Section 4
Definitons
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 facilties, 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 Centet' identifies 1) the specific geographic point identified by specific vertical and
horizontal (V&H) coordinates, which are used to measure distance sensitive End User
Customer traffic to/from the particular NPA-NXX designations with the specific Rate Center, and
2) the corresponding geographic area which is associated with one or more particular NPA-NXX
codes which have been assigned to a LEC for its provision of Telephone Exchange Service.
"Ready for Service" or "RFS" - A Collocation job is considered to be Ready for Serviæ when
Owest has completed all operational work in accordance with CLEC Application and makes
functional space available to CLEC. Such work includes, but is not necessarily limited to: 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
distribution panel and the Central Office fiber distribution panel serving CLEC) and APOT/CFA
are complete, telephone service, and other services and facilities ordered. by CLEC for
Provisioning by the RFS date.
"Records Issue Date" or "RID" means the date that all design and assignment information is
sent to the necessary service implementation groups.
"Remote Call Forwarding" or "RCF" means the INP method that redirects calls within the
telephone network. If an End User Customer changes its local service provider from one Part
to the other Part, using RCF, the old service provider's switch wil 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 Owest Premises, other than Owest Wire Centers or adjacent to
Owest 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 Owests Central Offce, 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 who purchase the use of Finished Services for the purpose of
resellng those Telecommunications Services to their End User Customers.
"Reserved Numbers" means those telephone numbers which are not in use but which are held
in reserve by a Carrier under a legally enforceable written agreement for a specific End User
Customer's future use.
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Qwest Fourteen State Negotiations Template, December 29, 2008 22
Secton 4
Definitions
"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 9111E911 calls to the PSAP that has jurisdictional
responsibilty 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."
"Service Provider Identification" or "SPID" is the number that identifies a service provider to the
relevant NPAC. The SPID may be a state-specific number.
"Serving Wire Center" denotes the Qwest building 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 loop transmission system
technologies to coexist in the same cable without service degradation and to operate
satisfactorily in the presence of cross talk noise from each other. Spectrum compatibility is
defined on a per twisted pair basis for specific well-defined transmission systems. For the
purposes of issues regarding Spectrum Compatibility, service degradation means the failure to
meet the Bit Error Ratio (BER) and Signal-to-Noise Ratio (SNR) margin requirements defined
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Owest Fourteen State Negotiations Template, December 29,2008 23
Section 4
Definitions
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 OSLAM either to combine or separate the
high (OSL) 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 Offce Switches, Tandem Switches, Access Tandem
Switches, Remote Switching Modules, and Packet Switches. Switches may be employed as a
combination of End OffcelTandem 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.
Switched Access Services include: Feature Group A, Feature Group B, Feature Group 0, 8XX
access, and 900 access and their succe.ssors or similar Switched Access Services.
"Switched Access Traffc" is traffc that originates at one of the Part'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 traffc transits the other
Part's network.
"Synchronous Optical Network" or "SONET" is a TOM-based (time division multiplexing)
standard for high-speed fiber optic transmission formulated by the Exchange Carriers Standards
Association (ECSA) for the American National Standards Institute ("ANSI").
"Tarift' as used throughout this Agreement refers to Qwest interstate Tariffs and state Tariffs,
price lists, and price schedules.
"Technically Feasible" Interconnection, access to Unbundled Network Elements, Collocation,
and other methods of achieving Interconnection or access to Unbundled Network Elements at.a
point in the network shall be deemed Technically Feasible absent technical or operational
concerns that prevent the fulfillment of a request by a Telecommunications Carrier for such
Interconnection, access, or methods. A determination of technical feasibility does not include
consideration of economic, accounting, Biling, space, or site concerns, except that space and
site concems 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 reliabilty impacts.
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Owest Fourteen State Negotiations Template, December 29,2008 24
Secion 4
Definitions
"Telecommunications" means the transmission, between or among points specified by the user,
of information of the usets choosing, without change in the form or content of the information assent 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 satellte 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 softare
integral to such equipment, including upgrades.
"Telecommunications Services" means the offering of Telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available directly to the public,
regardless of the facilities used.
"Telephone Exchange Service" means a service within a telephone exchange, or within a
connected system of telephone exchanges within the same exchange area operated to furnish
to End User Customers intercommunicating service of the character ordinarily furnished by a
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 Owest Wire Centers that contain at least four (4) Fiber-
based Collocators, at least thirty-eight thousand (38,000) Business Lines, or both. Tier 1 Wire
Centers also are those Owest tandem switching locations that have no line-side switching
facilties, but nevertheless serve as a point of traffc aggregation accessible by CLEC. Once a
Wire Center is determined to be a Tier 1 Wire Center, that Wire Center is not subject to later
reclassification as a Tier 2 or Tier 3 Wire Center.
"Tier 2 Wire Centers" means those Owest Wire Centers that are not Tier 1 Wire Centers, but
contain at least three (3) Fiber-based Collocators, at least twenty-four thousand (24,000)
Business Lines, or both. Once a Wire Center is determined to be a Tier 2 Wire Center, that
Wire Center is not subject to later reclassifcation as a Tier 3 Wire Center.
"Tier 3 Wire Centers" means those Owest Wire Centers that do not meet the criteria for Tier 1 or
Tier 2 Wire Centers.
"Toll Free Service" means service provided with any dialing sequence that invokes Toll Free,
Le., 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
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Qwest Fourteen State Negotiations Template, December 29,2008 25
Section 4
Definitions
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) ofthe 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.
"Virtual Collocation" shall have the meaning set forth in Sections 8.1.1.1 and 8.2.2.1.
"VNXX Traffc" is all traffc originated by a Part's End User Customer and dialed with a local
dialing pattern that is not terminated to the other Part's End User Customer physically located
within the same Qwest Local Calling Area (as approved by the state Commission) as the
originating caller, regardless of the NPA-NXX dialed. VNXX does not include originating 8XX
traffic.
"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 End User Customers
served by a given Wire Center are located.
"Wired and Offce 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 interoffce
facilties, if applicable, are tested. This includes the date that switching equipment, including
translation loading, is installed and tested.
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Section 4
Definitions
"Work Locations" means any real estate that CLEC or Owest, as appropriate, owns, leases or
licenses, or in which it holds easements or other rights to use, or does use, in connection with
this Agreement.
Terms not otherwise defined here but defined in the . Act and the orders and the rules
implementing the Act, shall have the meaning defined there. The definition of terms that are
included here and are also defined in the Act, or its implementing orders or rules, are intended
to include the definition as set forth in the Act and the rules implementing the Act.
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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 Part shall use any service related to or use any of the services provided
in this Agreement in any manner that interferes with other Persons in the use of their service,
prevents other Persons from using their service, or otherwise impairs the quality of service to
other Carriers or to either Party's End User Customers. In addition, neither Part'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 impairment is material and poses an immediate threat to the
safety of either Part's employees, Customers or the public or poses an immediate
threat of a service interruption, that Part shall provide immediate notice by email to the
other Party's designated representative(s) for the purposes of receiving such notification.
Such notice shall include 1) identification of the impairment (including the basis for
identifying the other Party's facilties as the cause of the impairment), 2) date and
location of the impairment, and 3) the proposed remedy for such impairment for any
affected service. Either Part may discontinue the specific service that violates the
provision or refuse to provide the same type of service if it reasonably appears that the
particular service would cause similar harm, until the violation of this provision has been
corrected to the reasonable satisfaction of that Party and the service shall be reinstituted
as soon as reasonably possible. The Parties shall work cooperatively and in good faith
to resolve their differences. In the event either Part disputes any action that the other
Part seeks to take or has taken pursuant to this provision, that Part may pursue
immediate resolution by expedited or other Dispute Resolution.
5.1.3.2 If the impairment 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 other Party
shall provide written notice within five (5) Days of such impairment to the other Party and
such notice shall include the information set forth in subsection 5.1.3.1. The Parties
shall work cooperatively and in good faith to resolve their differences. If the impairment
has not been corrected or cannot be corrected within five (5) business days of receipt of
the notice of non-compliance, the other Party may pursue immediate resolution by
expedited or other Dispute Resolution.
5.1.3.3 If either Part causes non-service impacting impairment the other Part
shall provide written notice within fifteen (15) Days of the impairment to the other Party
and such notice shall include the information set forth in subsection 5.1.3.1. The Parties
shall work cooperatively and in good faith to resolve their differences. If either Part fails
to correct any such impairment within fifteen (15) Days of written notice, or if such non-
compliance cannot be corrected within fifteen (15) Days of written notice of non-
compliance, and if the impairing Part fails to take all appropriate steps to correct as
soon as reasonably possible, the other Part may pursue immediate resolution by
expedited or other Dispute Resolution.
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Section 5
Terms and Coditions
5.1.3.4 It is the responsibility of either Part to inform its End User Customers of
service impacting impairment that may result in discontinuance of service as soon as the
Part receives notice of same.
5.1.4 Each Part is solely responsible for the services it provides to its End User
Customers and to other Telecommunications Carriers. This provision is not intended to limit the
liability of either Part for its failure to perform under this Agreement.
5.1.5 The Parties shall work cooperatively to minimize fraud associated with third-
number biled calls, callng card calls, and any other services related to this Agreement.
5.1.6 Nothing in this Agreement shall prevent either Part 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 responsibilties 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 capabilties
currently provided hereunder (including resold Telecommunications Services, Unbundled
Network Elements, UNE Combinations and ancilary services) and all new and additional
services or Unbundled Network Elements to be provided hereunder, shall be priced in
accordance with all applicable provisions of the Act and the rules and orders of the Federal
Communications Commission and orders of the Commission.
5.2 Term of Agreement
5.2.1 This Agreement shall become effective on the date of Commission Approval
("Effective Date"). This Agreement shall be binding upon the Parties for a term of three (3)
years and shall expire on Auguts 31,2012.
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 Part 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 wil be the
starting point for the negotiation window under Section 252 of the Act. This Agreement wil
terminate on the date a successor agreement is approved by the Commission. However,
nothing relieves CLEC from fulfillng the obligations incurred under the prior Agreement.
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.
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.
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5.4 Payment
5.4.1 Amounts payable under this Agreement are due and payable within thirt (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 biled on paper, not the
date the electronic delivery occurs. If either Part fails to make payment on or before the
Payment Due Date, the other Part may invoke all available rights and remedies.
5.4.2 One Party may discontinue processing orders for the failure of the other Part to
make full payment for the services, less any good faith disputed amount as provided for in
Section 5.4.4 of this Agreement,. for the services provided under this Agreement within thirt
(30) Days following the payment due date provided the Billng Party has notified the other Part
in writing at least ten (10) business days prior to discontinuing the processing of orders for
services. If the Biling Part does not refuse to accept additional orders for the services on the
date specified in the ten (10) business days' notice, and the other Part's non-compliance
continues, nothing contained herein shall preclude the Biling Party's right to refuse to accept
additional orders for the services from the non-complying Part without further notice. For order
processing to resume, the billed Party wil be required to make full payment of all charges for
the services not disputed in good faith under this Agreement. Additionally, the Biling Party may
require a deposit (or additional deposit) from the biled Part, pursuant to this section. In
addition to other remedies that may be available at law or equity, the biled Part reserves the
right to seek equitable relief, including injunctive relief and specific performance.
5.4.3 The Biling Part may disconnect services for failure by the billed Party to make
full payment, less any good faith disputed amount as provided for in Section 5.4.4 of this
Agreement, for the services provided under this Agreement within sixty (60) Days following the
payment due date. The billed Part wil pay the applicable reconnect charge setforth in Exhibit
A required to reconnect each service disconnected pursuant to this paragraph. The Billng Part
wil 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 Biling Party does not disconnect the billed Part's service(s) on the
date specified in the ten (10) business days notice, and the biled Party's noncompliance
continues, nothing contained herein shall preclude the Biling Party's right to disconnect services
of the non-complying Party without further notice. For reconnection of the services to occur, the
biled Party wil be required to make full payment of all past and current undisputed charges
under this Agreement for the services. Additionally, the Billng Part wil request a deposit (or
recalculate the deposit) as specified in Section 5.4.5 and 5.4.7 from the biled Part, pursuant to
this Section. If the billed Part is a new GLEG customer of Owest, the application of this
provision wil be suspended for the initial three (3) Biling cycles of this Agreement and wil not
apply to amounts biled during those three (3) cycles. In addition to other remedies that may be
available at law or equity, each Part reserves the right to seek equitable relief, including
injunctive relief and specific performance.
5.4.4 . Should GLEG or Owest dispute, in good faith, any portion of the charges under
this Agreement, the Parties wil notify each other in writing within fifteen (15) Days following the
payment due date identifying the amount, reason and rationale of such dispute. At a minimum,
GLEG and Owest shall pay all undisputed amounts due. Both GLEG and Owest agree to
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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 Part 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 Billng
Party, the withholding Part shall pay the disputed amount and applicable late payment
charges no later than the next Bil Date following the resolution. If the disputed charges
have been withheld and the dispute is resolved in favor of the disputing Party, the Biling
Part shall credit the bil of the disputing Part for the amount of the disputed charges
and any late payment charges that have been assessed no later than the second Bil
Date after the resolution of the dispute. If a Party pays the disputed charges and the
dispute is resolved in favor of the Billng Part, no further action is required.
5.4.4.2 If a Part pays the disputed charges and the dispute is resolved in favor
of the Biling Part, no further action is required. If a Part 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 Part, the Billng Party wil adjust the Biling,
usually within two (2) Biling cycles, after the resolution of the dispute, as follows:
(1) The Biling Part wil credit the Biled Party's bil for the disputed amount and
any associated interest; or
(2) If the disputed amount is greater than the bil to be credited, pay the
remaining amount to the Biled.Part.
(3) The interest calculated on the disputed amounts wil be the same rate as latepayment charges. In no event, however, wil any late payment charges be
assessed on any previously assessed late payment charges.
5.4.4.3 If the Biled Part fails to dispute a rate or charge within sixty (60) Days
following the invoice date on which the rate or charge appeared, adjustment wil be
made on a going-forward basis only, beginning with the date of the dispute.
5.4.5 In the event of a material adverse change in GLEG's financial condition
subsequent to the Effective Date of this Agreement, Qwest may request a security deposit. A
"material adverse change in financial condition" means GLEG is a new GLEG with no
established credit history, or is a GLEG that has not established satisfactory credit with Qwest,
or the Part is repeatedly delinquent in making its payments, or is being reconnected after a
disconnection of Service or discontinuance of the processing of orders by Qwest due to a
previous failure to pay undisputed charges in a timely manner. Qwest may require a deposit to
be held as security for the payment of charges before the orders from GLEG wil be provisioned
and completed or before reconnection of Service. "Repeatedly delinquent" means any payment
of a material amount of total monthly Biling under the Agreement received after the Payment
Due Date, three (3) or more times during the last twelve (12) .month period. The deposit may
not exceed the estimated total monthly charges for a two (2) month period based upon recent
Billng. The deposit may be adjusted by GLEG's actual monthly average charges, payment
history under this Agreement, or other relevant factors, but in no event wil the security deposit
exceed five milion 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
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mutually acceptable security such as a cash deposit. Required deposits are due and payable
within thirt (30) Days after demand and non-payment is subject to Sections 5.4.2 and 5.4.3 of
this Agreement.
5.4.6 Interest wil be paid on cash deposits at the rate applying to deposits under
applicable Commission regulations. Cash deposits and accrued interest wil 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 wil 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 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 biled under this Agreement shall
be in accordance with Commission requirements.
5.4.9 CLEC shall be responsible for notifying its End User Customers of any pending
disconnection of a service by CLEC, if necessary, to allow those End User Customers to make
other arrangements for such services.
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 Part. However,
where the sellng Party is permitted by law to collect such taxes, fees or surcharges, from the
purchasing Part, such taxes, fees or surcharges shall be borne by the Part purchasing the
services. Each Party is responsible for any tax on its corporate existence, status or income.
Whenever possible, these amounts shall be biled as a separate item on the invoice. To the
extent a sale is claimed to be for resale tax exemption, the purchasing Part shall furnish the
providing Party a proper resale tax exemption certificate as authorized or required by statute or
regulation by the jurisdiction providing said resale tax exemption. Until such time as a resale tax
exemption certificate is provided, no exemptions will be applied. If either Part (the Contesting
Part) contests the application of any tax collected by the other Part (the Collecting Party), the
Collecting Part shall reasonably cooperate in good faith with the Contesting Party's challenge,
provided that the Contesting Part 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 Part is liable for and has paid the tax contested.
5.6 Insurance
5.6.1 Each Part 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
Part has assumed legal responsibility in this Agreement. If either Party or its parent company
has assets equal to or exceeding ten bilion dollars ($10,000,000,000), that Part may utilize an
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Affliate 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 bilion 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 affliated Part fails to meet such obligations.
5.6.1.1 Workers' Compensation with statutory limits as required in the state of
operation and Employers' Liabilty 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 propert damage occurring or arising out of the use or
occupancy of the premises, including coverage for independent contractor's protection
(required if any work wil be subcontracted), premises-operations, products and/or
completed operations and contractual liabilty with respect to the liabiliy assumed by
each Part hereunder. The limits of insurance shall not be less than one millon dollars
($1,000,000) each occurrence and two millon dollars ($2,000,000) general aggregate
limit.
5.6.1.3 Business automobile liability insurance covering the ownership, operation
and maintenance of all owned, non-owned and hired motor vehicles with limits of not
less than one millon dollars ($1,000,000) per occurrence for bodily injury and propert
damage.
5.6.1.4 Umbrella/Excess Liability insurance in an amount of ten millon dollars
($10,000,000) excess of Commercial General Liability insurance specified above. These
limits may be obtained through any combination of primary and excess or umbrella
liability insurance so long as the total limit is eleven milion dollars ($11,000,000).
5.6.1.5 "All Risk" Propert coverage on a full replacement cost basis insuring all
of CLEC personal propert situated on or within the Premises or Remote Premises.
5.6.2 Each Part wil initially provide certificate(s) of insurance evidencing coverage,
and thereafter wil provide such certificate(s) upon request. Such certificates shall (1) name the
other Part as an additional insured under commercial general liability coverage; (2) provide
thirt (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 andcollectible insurance purchased by the other Part; and (4) acknowledge severabiliy of
interesUcross liability coverage.
5.7 Force Majeure
5.7.1 Neither Part shall be liable for any delay or failure in performance of any part of
this Agreement from any cause beyond its control and without its fault or negligence including,
without limitation, acts of nature, acts of civil or military authority, government regulations,
embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear
accidents, floods, work stoppages, power blackouts, volcanic action, other major environmental
disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event).
Inability to secure products or services of other Persons or transportation facilities or acts or
omissions of transportation carriers shall be considered Force Majeure Events to the extent any
delay or failure in performance caused by these circumstances is beyond the Part's control and
without that Part's fault or negligence. The Part affected by a Force Majeure Event shall give
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prompt notice to the other Part, 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 Liabilty
5.8.1 Each Part'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
liabilty, 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 Part by such breaching Part for the
service(s) or function(s) not performed or improperly performed. Each Party's liability to the
other Part 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 Neither Part shall be liable to the other for indirect, incidental, consequential, or
special damages, including (without limitation) damages for lost profis, lost revenues, lost
savings suffered by the other Part 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 Part's liability to the other for
(i) willful or intentional misconduct or (ii) damage to tangible real or personal propert
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
harmless the other Party and each of its officers, directors, employees ánd 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
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owned by others, resulting from the Indemnifying Part'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 an End User Customer
of either Party arising out of or in connection with services provided to the End User
Customer by the Party, the Part whose End User Customer alleged or incurred such
claims or loss (the Indemnifying Part) shall defend and indemnify the other Part and
each of its offcers, directors, employees and agents (collectively the Indemnified Part)
against any and all such claims or loss by the Indemnifying Party's End User Customers
regardless of whether the underlying service was provided or Unbundled Network
Element was provisioned by the Indemnified Part, unless the loss was caused by the
wilful misconduct of the Indemnified Part. The obligation to indemnify with respect to
claims of the Indemnifying Part's End User Customers shall not extend to any claims for
physical bodily injury or death of any Person or persons, or for loss, damage to, or
destruction of tangible propert, 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 Part shall promptly notify the Indemnifying Part of any
action taken against the Indemnified Part relating to the indemnification. Failure to so
notify the Indemnifying Part 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. Part's ability to defend such claim.
5.9.2.2 If the Indemnifying Part wishes to defend against such action, it shall
give written notice to the Indemnified Part of acceptance of the defense of such action.
In such event, the Indemnifying Part shall have sole authority to defend any such
action, including the selection of legal counsel, and the Indemnified Part may engage
separate legal counsel only at its sole cost and expense. In the event that the
Indemnifying Part 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
Part. Each Part agrees to cooperate with the other Party in the defense of any such
action and the relevant records of each Part shall be available to the other Part with
respect to any such defense.
5.9.2.3 In no event shall the Indemnifying Part settle or consent to any judgment
pertaining to any such action without the prior written consent of the Indemnified Part.
In the event the Indemnified Part withholds consent, the Indemnified Party may, at its
cost, take over such defense, provided that, in such event, the Indemnifying Part 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.
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5.10 Intellectual Property
5.10.1 Except for a license to use any facilties or equipment (including softare) 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 Part (the Indemnifying Party) shall indemnify and
hold the other Party (the Indemnified Part) harmless from and against any loss, cost, expense
or liabilty arising out of a claim that the use of facilities of the Indemnifying Part or services
provided by the Indemnifying Part provided or used pursuant to the terms of this Agreement
misappropriates or otherwise violates the intellectual propert 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 facilties or services of the Indemnifying Part with facilities or services of any other
Person (including the Indemnified Part 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 behalfof or at
the request of the Indemnified Part and not required by the Indemnifying Part. In the event of
any claim, the Indemnifying Party may, at its sole option (a) obtain the right for the Indemnified
Part 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 wil be held to infringe, the Indemnifying Part shall notify the Indemnified Part 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, Qwest shall use its
best efforts to obtain, from its vendors who have licensed intellectual property rights to Qwest in
connection with facilties and services provided hereunder, licenses under such intellectual
propert rights as necessary for CLEC to use such facilties and services as contemplated
hereunder and at least in the same manner used by Owest for the facilties and services
provided hereunder. Qwest shall notify CLEC 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.
5.10.3.1 Owest covenants that it wil not enter into any licensing agreements with
respect to any Qwest facilities, equipment or services, including softare, that contain
provisions that would disqualify CLEC from using or interconnecting with such facilities,
equipment or services, including softare, pursuant to the terms of this Agreement.
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Owest warrants and further covenants that it has not and wil not knowingly modif any
existing license agreements for any network facilities, equipment or services, including
softare, in whole or in part for the purpose of disqualifying CLEC from using or
interconnecting with such facilities, equipment or services, including softare, pursuant
to the terms of this Agreement. To the extent that providers of facilities, equipment,
services or softare in Owests network provide Owest with indemnities covering
intellectual propert 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 Propert Section, nothing in this
Agreement shall be construed as the grant of a license, either express or implied, with respect
to any patent, copynght, 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 Part or its Affliates without execution of a separate agreement
between the Parties.
5.10.5 Neither Part shall without the express written permission of the other Part,
state or imply that: 1) it is connected, or in any way affliated with the other or its Affliates; 2) it
is part of a joint business association or any similar arrangement with the other or its Affliates;
3) the other Party and its Affliates are in any way sponsonng, 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 Affliates. Nothing in this paragraph shall prevent either Party from truthfully
describing the Network Elements it uses to provide service to its End User Customers, provided
it does not represent the Network Elements as originating from the other Party or its Affliates 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 Qwest 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 Qwest services resold by CLEC.
5.10.6.2 CLEC's use of the Authorized Phrase does not cause End User
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 Qwest logo) with all letters being the same font and point size. The
point size of the Authorized Phrase shall be no greater than one fourth the point size of
the smallest use of CLEC's name and in no event shall exceed 8 point size.
5.10.6.4 CLEC shall provide all printed materials using the Authorized Phrase to
Owest for its prior written approvaL.
5.10.6.5 If Qwest determines that CLEC's use of the Authorized Phrase causes
End User Customer confusion, Owest may immediately terminate CLEC's right to use
the Authorized Phrase.
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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 wil 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 benefi of their respective Owners. The Parties shall comply. with all
Applicable Law governing Marks worldwide and neither Part wil infringe the Marks of the other.
5.10.8 Upon request, for all intellectual propert owned or controlled by a third part 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, controllng or licensing such intellectual property, (ii) the facilities or
equipment associated with such intellectual propert, (iii) the nature of the intellectual propert,
and (iv) the relevant agreements or licenses governing Owests use of the intellectual propert.
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 part without the prior written
consent of the other Party. Notwithstanding the foregoing, either Party may assign or transfer
this Agreement to a corporate Affliate 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
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permitted is void ab initio. Without limiting the generality of the foregoing, this Agreement shall
be binding upon and shall inure to the benefi of the Parties' respective successors and assigns.
5.12.2 In the event that Qwest transfers to any unaffliated part exchanges including
End User Customers that CLEC serves in whole or in part through facilties or services provided
by Qwest under this Agreement, the transferee shall be deemed a successor to Qwest's
responsibilities hereunder for a period of ninety (90) Days from notice to 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 responsibilties either as a condition of the transfer
or under such other state statutory authority as may give it such power. In the event of such a
proposed transfer, Qwest shall use its best efforts to faciltate discussions between CLEC and
the transferee with respect to transferee's assumption of Qwest's 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 Part defaults in the payment of any amount due hereunder, or if either
Part violates any other material provision of this Agreement, and such default or violation shall
continue for thirt (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 Part
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 Part as a legal representative or agent of the other
Part, nor shall a Part 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 Part
unless otherwise expressly permitted by such other Part. Except as otherwise expressly
provided in this Agreement, no Party undertakes to perform any obligation of the other Party
whether regulatory or contractual, or to assume any responsibility for the management of the
other Part's business.
5.15 Severabilty
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 any part of this
Agreement is held to be invalid or unenforceable for any reason, such invalidity or
unenforceability will affect only the portion of this Agreement which is invalid or unenforceable.
In all other respects, this Agreement will stand as if such invalid or unenforceable provision had
not been a part hereof, and the remainder of this Agreement shall remain in full force and effect.
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5.16 Nondisclosure
5.16.1 All information, including but not limited to specifications, microfim, 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' Part to the other Party dealing with business or marketing plans, End User Customer
specific, facility specific, or usage specific information, other than End User Customer
information communicated for the purpose of providing Directory Assistance or publication of
directory database, or (ii) in written, graphic, electromagnetic, or other tangible form and marked
at the time of delivery as "Confidential" or "Proprietary", or (iii) communicated and declared to
the receiving Part at the time of delivery, or by written notice given to the receiving Part within
ten (10) Days after delivery, to be "Confidential" or "Proprietary" (collectively referred to as
"Proprietary Information"), shall remain the property of the disclosing Part. 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 Part receiving the information
understands that the material is Proprietary Information. Each Part shall have the right to
correct an inadvertent failure to identify information as Proprietary Information by giving written
notification within thirt (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 Part, the receiving Party shall return all tangible
copies of Proprietary Information, whether written, graphic or otherwise, except that the
receiving Part may retain one copy for archival purposes.
5.16.3 Each Party shall keep all of the other Part's Proprietary Information confidential
and wil disclose it on a need to know basis only. Each Part shall use the other Part'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 Part receives or obtains Proprietary Information from the other Part 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
Part 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 Part's Proprietary Information, it wil 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
b) is or becomes publicly known through no wrongful act of the receiving Part; or
c) is rightfully received from a third Person having no direct or indirect secrecy or
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confidentiality obligation to the disclosing Part with respect to such information; or
d) is independently developed by an employee, agent, or contractor of the
receiving Part 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 third Person by the disclosing Part without similar restrictions
on such third Person's rights; or
f) is approved for release by written authorization of the disclosing Part; or
g) is required to be disclosed by the receiving Party pursuant to Applicable Law or
regulation provided that the receiving Part shall give sufficient notice of the requirement
to the disclosing Part to enable the disclosing Part to seek protective orders.
5.16.5 Nothing herein is intended to prohibit a Part from supplying factual information
about its network and Telecommunications Services on or connected to its network to regulatory
agencies including the Federal Communications Commission and the Commission so long as
any confidential obligation is protected. In addition either Part 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 Part in connection with this Agreement,
including without limitation the approval of this Agreement, or in any proceedings concerning the
provision of InterLA TA services by Owest that are or may be required by the Act. The Parties
agree to cooperate with each other in order to seek appropriate protection or treatment of such
Proprietary Information pursuant to an appropriate protective order in any such proceeding.
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 Part to the other in furtherance of the purpose of this
Agreement, even if furnished before the Effective Date.
5.16.7 Each Part agrees that the disclosing Part could be irreparably injured by a
breach of the confidentiality obligations of this Agreement by the receiving Part or its
representatives and that the disclosing Part 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 Part's rights with respect
to its own Proprietary Information or its obligations with respect to the other Part's Proprietary
Information under Section 222 of the Act.
5.16.9 Forecasts provided by either Party to the other Part 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, CLEC individual
forecasts and forecasting information disclosed by Owest, to Owest's legal personnel in
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Terms and Conditons
connection with their representation of Qwest in any dispute regarding the quality or
timeliness of the forecast as it relates to any reason for which CLEC provided it to Qwest
under this Agreement, as well as to CLEC's wholesale account managers, wholesale LIS
and Collocation product managers, network and growth planning personnel responsible
for preparing or responding to such forecasts or forecasting information. In no case shall
retail marketing, sales or strategic planning have access to this forecasting information.
The Parties wil inform all of the aforementioned personnel with access to such
Confidential Information, of its confidential nature and wil 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, Qwest may provide
the forecast information that CLEC has made available to Qwest under this
Agreement, 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 CLEC involved, 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
fies 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 Part 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 wil attempt in good faith to resolve through negotiation any dispute,
claim or controversy arising out of, or relating to, this Agreement. Either Party may give written
notice to the other Party of any dispute not resolved in the normal course of business. Each
Part wil within seven (7) Days after delivery of the written notice of dispute, designate a vice-
president level employee or a representative with authority to make commitments to review,
meet, and negotiate, in good faith, to resolve the dispute. The Parties intend that these
negotiations be conducted by non-lawyer, business representatives, and the locations, format,
frequency, duration, and conclusions of these discussions wil 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 wil be treated as Confidential Information (Confidential
Information) developed for purposes of settlement, and wil be exempt from discovery and
production, and not be admissible in any subsequent proceedings without the concurrence of
both Parties.
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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 Part 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 Utilties Commission, any action wil be
brought in the United States District Court for the District of Colorado if it has subject matter
jurisdiction over the action, and shall otherwise be brought in the Denver District Court for the
State of Colorado. The Parties agree that such courts have personal jurisdiction over them.
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 Idaho.
5.20 Responsibilty for Environmental Contamination
5.20.1 Neither Part 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 Part 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 wil ensure that to the extent any
activities which it undertakes in the facility disturb such suspect materials, such CLEC activities
wil 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,
CLEC does not have any responsibility for managing, nor is it the owner of, nor does it have any
liabilty 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.
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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 Qwest and CLEC at the addresses shown below:
Qwest Corporation
Director - Wholesale Contracts
1801 California Street, 24th Floor
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email: intagree§gwest.com
With cOPY to:
Qwest Law Department
Associate General Counsel, Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.lnterconnection§gwest.com
CLEC:
Scott Klopack
VP Regulatory and General Counsel
Matrix Telecom, Inc.
7171 Forest Lane, Suite 700
Dallas, Texas 75230
Phone: [phone]
Email: sklopack§matrixbt.com
With copy to:
Brian Gustas
SVP Wholesale Services
Matrix Telecom, Inc.
7171 Forest Lane, Suite 700
Dallas, Texas 75230
Phone: [phone]
Email: bgustas§matrixbt.com
If personal delivery is selected to give notice, a receipt acknowledging such delivery must be
obtained. Each Part 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 Responsibilty of Each Party
5.22.1 Each Part 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 wil 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 wil 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 there from or otherwise
generated in connection with its or its contractors' or agents' activities at the Work Locations.
Sùbject 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 propert, real or personal, and
(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 benefi of the Parties and not for any
other Person. This Agreement wil not provide any Person not a Part to this Agreement with
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Terms and Conditions
any remedy, 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 Part 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 Part's abilty 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 Part shall comply with all applicable federal, state, and local laws, rules
and regulations applicable to its penormance 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 penorm their respective obligations
hereunder.
5.28 Compliance with the Communications Assistance Law Enforcement Act of
1994
5.28.1 Each Part represents and warrants that any equipment, facilties or services
provided to the other Part under this Agreement comply with the GALEA. Each Party shall
indemnify and hold the other Part harmless from any and all penalties imposed upon the other
Party for such noncompliance and shall at the non-compliant Part's sole cost and expense,
modify or replace any equipment, facilities or services provided to the other Part under this
Agreement to ensure th'at such equipment, facilties and services fully comply with GALEA.
5.29 Cooperation
5.29.1 The Parties agree that this Agreement involves the provision of Owest services in
ways such services were not previously available and the introduction of new processes and
procedures to provide and bil such services. Accordingly, the Parties agree to work jointly and
cooperatively in testing and implementing processes for pre-ordering, ordering, maintenance,
Provisioning and Billng and in reasonably resolving issues which result from such
implementation on a timely basis. Electronic processes and procedures are addressed in
Section 12 'of this Agreement.
5.30 Amendments
5.30.1 Either Part may request an amendment to this Agreement at any time by
providing to the other Part in writing information about the desired amendment and proposed
language changes. If the Parties have not reached agreement on the requested amendment
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within sixty (60) Days after receipt of the request, either Part 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' authorized representative. No waiver by any part of any default, misrepresentation, or
breach of warranty or covenant hereunder, whether intentional or not, wil 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.
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Section 6
Resale
Section 6.0 - RESALE
6.1 Description
6.1.1 Qwest shall offer for resale at wholesale rates any Telecommunications Services
that it provides at retail to subscribers who are not Telecommunications Carriers, subject to the
terms and conditions of this Section. All Qwest retail Telecommunications Services are
available for resale from Qwest pursuant to the Act and wil include terms and conditions
(except prices) in Qwests applicable product Tariffs, catalogs, price lists, or other retail
Telecommunications Services offerings. To the extent, however, that a conflct 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 controllng.
6.1.2 While this Section 6.0 of this Agreement addresses the provision of certain
Qwest services to CLEC for resale by CLEC, the Parties also acknowledge that CLEC is
required to provide its Telecommunications Services to Qwestfor resale by Qwest. Upon
request by Qwest, CLEC shall make its Telecommunications Services available to Qwest for
resale pursuant to the applicable provisions of the Telecommunications Act of 1996, the FCC's
relevant orders and rules, and the Commission's relevant orders and rules.
6.1.3 Certain Qwest services are not available for resale under this Agreement, as
noted in Section 6.2. The applicable discounts for services available for resale are identified in
Exhibit A.
6.2 Terms and Conditions
6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to
access Qwests ass at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's
location to deliver training, CLEC wil pay Qwests reasonable travel related expenses. Qwest
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 Qwest 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 Qwest retail End User Customers, with no wholesale discount. Should
Qwest re-offer any promotion for a sequential ninety (90) Day or less promotion period
following the initial ninety (90) Day or less promotion period, then the initial and
subsequent promotion(s) wil 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 Qwest.
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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 wil 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 End User 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, callng 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 wil 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 wil apply to resale of CSAs, including early
termination liability. Nothing in this Agreement shall affect any obligation of any Owest
retail End User Customer that early terminates a CSA, including payment of any early
termination charges. Where 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 End User Customers in similar
circumstances. In any case where it is required to offer such a waiver, Owest shal.1 be
entitled to apply provisions that provide Owest substantially the same assurances and
benefis 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 wil 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 callng, access to the Public Switched Network and/or
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private facilities, station line and system restrictions and feature access
arrangements and functionality. CLEC may purchase multiple common blocks
within a single Central Offce 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 Offce 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 Owest
facilities (cable plant from the serving Central Offce Switch) meet CLEC facilities
(inside wire). In a multi-tenant building, Owest may bring facilities directly to a
single Point of Interconnection with CLEC facilities, typically in a basement
equipment room, which would be considered a single location for this multi-
tenant building. Should Owest bring service to multiple floors or offces within a
multi-tenant building each floor or offce with a separate CLEC facilities
termination point is considered a location. Where CLEC has multiple buildings
within contiguous property (campus), such buildings wil be provisioned and biled
as a single location. Contiguous propert is defined as propert owned or leased
by CLEC and not separated by public thoroughfare, river or railroad rights-of-
way. Property wil be considered contiguous when connected via connecting
passageways or conduit acceptable to Owest for its facilities. Where CLEC has
Centrex station lines from multiple Central Offce switching systems, within the
same Owest Wire Center, and provisioned to the same location, CLEC wil not be
charged for service or provisioned as if service was originating from a single
Centrex system. For example, station lines may only be aggregated from a
single CLEC Centrex system to a single CLEC serving location for rating
purposes. CLEC may not specify a Central Office as CLEC's location for the
termination of Centrex station lines.
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 End User Customers must be identified by CLEC as such, and CLEC
will pay Owest retail prices for such services.
6.2.3 Owest shall provide to CLEC Telecommunications Services for resale that are at
least equal in quality and in substantially the same time and manner that Owest provides these
services to itself, its subsidiaries, its Affliates, other Resellers, and Owests retail End User
Customers. Owest shall also provide resold services to CLEC in accordance with the
Commission's retail service quality requirements, if any. Owest further agrees to reimburse
CLEC for credits or fines and penalties assessed against CLEC as a result of Owests failure to
provide service to CLEC, subject to the understanding that any payments made pursuant to this
provision will be an offset and credit toward any other penalties voluntarily agreed to by Owest
as part of a performance assurance plan, and further subject to the following provisions:
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6.2.3.1 Qwest shall provide service credits to CLEC for resold services in
accordance with the Commission's retail service requirements that apply to Qwest retail
services, if any. Such credits shall be limited in accordance with the following:
a) Qwests service credits to CLEC shall be subject to the wholesalediscount; .
b) Qwest shall only be liable to provide service credits in accordance with
the resold services provided to CLEC. Qwest is not required to provide service
credits for service failures that are the fault of CLEC;
c) Intentionally Left Blank.
d) Intentionally Left Blank.
e) In no case shall Qwests credits to CLEC exceed the amount Qwest
would pay a Qwest End User Customer under the service quality requirements,
less any wholesale discount applicable to CLEC's resold services; and
f) In no case shall Qwest be required to provide duplicate reimbursement
or payment to CLEC for any service quality failure incident.
6.2.3.2 Fines and Penalties - Qwest 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 Qwest retail services, if any. Such credits shall be limited in
accordance with the following:
a) Qwests fines and penalties paid to CLEC shall be subject to the
wholesale discount;
b) Qwest shall only be liable to provide fines and penalties in accordance
with the resold services provided to CLEC. Qwest is not required to pay fines
and penalties for service failures that are the fault of CLEC;
c) Intentionally Left Blank.
d) In no case shall Qwests fines and penalties to CLEC exceed the
amount Qwest would pay the Commission under the service quality plan, less
any wholesale discount applicable to CLEC's resold services; and
e) In no case shall Qwest 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 Qwest for
resale under Qwest retail Tariffs, catalogs, price lists, or other retail Telecommunications
Services offerings, CLEC may elect to continue to obtain services for resale under the existing
agreements and such retail Tariffs, catalogs, price lists, or other retail Telecommunications
Services offerings, or CLEC may elect to terminate such existing agreements and obtain such
services by adopting this Agreement pursuant to the General Terms of this Agreement. If CLEC
so adopts this Agreement, the associated wholesale discount specified in Exhibit A of this
Agreement wil apply.
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Section 6
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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 wil accept at no charge one (1) primary white pages Directory Listing for
each main telephone number belonging to CLEC's End User Customer based on End User
Customer information provided to Owest by CLEC. Owest wil place CLEC's End User
Customer's Listings in Owests Directory Assistance Database and wil 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 Owest's Offcial Directory
Publisher Section of this Agreement.
6.2.8 Owest shall provide to CLEC, for CLEC's End User Customers, E911/911 call
routing to the appropriate Public Safety Answering Point (PSAP). Owest shall not be
responsible for any failure of CLEC to provide accurate End User Customer information for
listings in any databases in which Owest is required to retain and/or maintain such information.
Owest shall provide CLEC's End User Customer information to the Automatic Location
Identification/Database Management System (ALI/DMS). Owest shall use its standard process
to update and maintain CLEC's End User Customer service information in the ALI/DMS used to
support E911/911 services on the same schedule that it uses for its retail End User Customers.
Owest assumes no liability for the accuracy of information provided by CLEC.
6.2.9 If Owest provides and CLEC accepts Owest's Directory Assistance Service or
operator services for CLEC's resold local Exchange Service lines, such Directory Assistance
and operator services may be provided with branding as provided in this Agreement in Sections
10.5 for Directory Assistance Service, and 10.7 for operator services.
6.2.10 CLEC shall designate the Primary Interexchange Carrier (PIC) assignments on
behalf of its End User Customers for InterLA TA and IntraLA TA 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 InterLA TA and IntraLATA PiC change requests, and
CLEC shall disclaim any liability for Owests improper InterLA T A (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 End User Customers shall be permitted to retain their current
telephone numbers if they so desire and if such number retention is not prohibited by Applicable
Laws or regulations for number administration and Local Number Portability (LNP).
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 toits End User Customers of the termination. In no case shall Owest be responsible for providing
such notice to CLEC's End User Customers. Owest wil provide notice to CLEC of Owest's
termination of a resold service on a timely basis consistent with Commission rules and notice
requirements.
6.2.13 The underlying network provider of a resold service shall be entitled to receive,
from the purchaser of Switched Access, the appropriate access charges pursuant to its then
effective Switched Access Tariff.
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6.2.14 Resold services are available where facilties currently exist and are capabie of
providing such services without construction of additional facilities or enhancement of existing
facilties. However, if CLEC requests that facilities be constructed or enhanced to provide
resold services, Owest wil construct facilities to the extent necessary to satisfy its obligations to
provide basic local Exchange Service as set forth in Owests retail Tariffs, catalogs, price lists,
or other retail Telecommunications Services offerings and Commission rules. Under such
circumstances, Owest wil develop and provide to CLEC a price quotation for the construction.
Construction charges associated with resold services wil be applied in the same manner that
construction charges apply to Owest retail End User Customers. If the quotation is accepted by
CLEC, CLEC wil be biled the quoted price and construction wil 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 wholesale discount are
subject to Commission-approved change, and any such changes shall apply from the effective
date of such change on a going-forward basis only.
6.3.2 The Customer Transfer Charges (CTC) as specifieçl in Exhibit A apply when
transferring services to CLEC.
6.3.3 A Subscriber Line Charge (SLC), or any subsequent federally mandated charge
to End User Customers, wil continue to be paid by CLEC without discount for each local
exchange line resold under this Agreement. All federal and state rules and regulations
associated with SLC as found in the applicable awest Tariffs, catalogs, price lists, or other retail
Telecommunications Services offerings also apply.
6.3.4 CLEC will pay to Owest the Primary Interexchange Carrier (PiC) change charge
without discount for CLEC End User Customer changes of Interexchange or IntraLATA Carriers.
Any change in CLEC's End User Customer's Interexchange or IntraLATA Carrier must be
requested by CLEC on behalf of its End User Customer, and awest wil not accept changes to
CLEC's End User Customer's Interexchange or IntraLATA Carrieres) from anyone other than
CLEC.
6.3.5 CLEC agrees to pay awest when its End User Customer activates any services
or features that are billed on a per use or per activation basis (e.g., continuous redial, last call
return, call back calling, call trace) subject to the applicable discount in Exhibit A as such may
be amended pursuant to this Section. With respect to all such charges, awest shall provide
CLEC with suffcient information to enable CLEC to bil its End User Customers.
6.3.6 Miscellaneous Charges applicable to services ordered for resale by CLEC wil
apply if such Miscellaneous Charges apply for equivalent services ordered by awest retail End
User Customers, except that CLEC wil receive any applicable wholesale discount. Such
Miscellaneous Charges include charges listed in the applicable awest Tariffs, catalogs, price
lists, or other retail Telecommunications Services offerings.
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6.3.7 If the Commission orders additional services to be available for resale, Qwest wil
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 wil be added
to this Agreement at the original Agreement wholesale discount rate.
6.3.8 Qwest shall timely bil 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 bil adjustments or provide
appropriate bil credits on CLEC's bil(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 biled to CLEC for such services wil 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 wil 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 End
User Customers. Such nonrecurring charges wil be subject to the wholesale discount, if any,
that applies to the underlying service being added or changed.
6.4 Ordering Process
6.4.1 CLEC, or CLEC's agent, shall act as the single point of contact for its End User
Customers' service needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, trouble reports, repair, post-sale servicing,
Billng, collection and inquiry. CLEC's End User Customers contacting Qwest in error wil be
instructed to contact CLEC; and Qwests End User Customers contacting CLEC in error will be
instructed to contact Qwest. In responding to calls, neither Part shall make disparaging
remarks about each other. To the extent the correct provider can be determined, misdirected
calls received by either Party wil 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 End User Customers who call the other Party
seeking such information.
6.4.2 CLEC shall transmit to Qwest all information necessary for the ordering (Biling,
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://ww.qwest.com/wholesale/pcat.
Information shall be provided using Qwests designated Local Service Request (LSR) format
which may include the LSR, End User Customer and resale forms.
6.4.3 Qwest wil 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 Affliates, its subsidiaries, other Resellers, and Qwest
retail End User Customers. The installation, Provisioning, maintenance, and repair processes
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Section 6
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for CLEC's resale service requests are detailed in the Access to OSS Section of this
Agreement, and are applicable whether CLEC's resale service requests are submitted via
Operational Support System or by facsimile.
6.4.4 CLEC is responsible for providing to Owest complete and accurate End User
Customer Directory Listing information including initial and updated information for Directory
Assistance Service, white pages directories, and E911/911 Emergency Services. The Ancilary
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 Owests retail End User Customer, or the End User Customer's New Service
Provider orders the discontinuance of the End User Customer's existing Owest service in
anticipation of the End User Customer moving to a New Service Provider, Owest wil render its
closing bil to the End User Customer, discontinuing Billing as of the date of the discontinuance
of Owests service to the End User Customer. If the Current Service Provider, or if the End User
Customer's New Service Provider orders the discontinuance of existing resold service from the
Current Service Provider, Owest wil bil the Current Service Provider for service through the
date the End User Customer receives resold service from the Current Service Provider. Owest
will notify CLEC by Operational Support System interface, facsimile, or by other agreed-upon
processes when an End User Customer moves from the Current Service Provider to a New
Service Provider. Owest wil not provide the Current Service Provider with the name of the New
Service Provider selected by the End User Customer.
6.4.6 CLEC shall provide Owest and Owest shall provide CLEC with points of contact
for order entry, problem resolution and repair of the resold services. These points of contact wil
be identified for both CLEC and Owest in the event special attention is required on a service
request.
6.4.7 Prior to placing orders on behalf of the End User Customer, CLEC shall be
responsible for obtaining and having in its possession Proof of Authorization (POA), as set forth
in the POA Section of this Agreement.
6.4.8 Due Date intervals for CLEC's resale service requests are established when
service requests are received by Owest through Operational Support Systems or by facsimile.
Intervals provided to CLEC shall be equivalent to intervals provided by Owest to itself, its
Affliates, its subsidiaries, other Resellers, and to Owests retail End User Customers.
6.5 Biling
6.5.1 Owest shall bill CLEC and CLEC shall be responsible for all applicable charges
for the resold services as provided herein. CLEC shall also be responsible for all Tariffed,
cataloged, price listed, and other retail Telecommunications Services offerings charges and
charges separately identified in this Agreement associated with services that CLEC resells to an
End User Customer under this Agreement.
6.5.2 Owest shall provide CLEC, on a monthly basis, within seven (7) to ten (10) Days
of the last day of the most recent Billng period, in an agreed upon standard electronic Billng
format as detailed in Section 12.2.5, Billng information including (1) a summary bil, and (2)
individual End User Customer sub-account information consistent with the samples available for
CLEC review.
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Section 6
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6.6 Maintenance and Repair
6.6.1 Qwest will maintain its facilities and equipment used to provide CLEC resold
services. CLEC or its End User Customers may not rearrange, move, disconnect or attempt to
repair Qwests facilties 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 Customets 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 wil 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.
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Section 7
Interconnection
Section 7.0 - INTERCONNECTION
As of the date of execution of this Agreement, CLEC does not intend to establish
Interconnection with Qwest under this Section 7. If during the Term of this Agreement CLEC
seeks to Interconnect with Qwest, the Parties shall negotiate in good faith the terms and
conditions for Interconnection, in accordance with Applicable Law. Any issues that the Parties
cannot resolve through negotiations may be brought before the Commission for resolution
pursuant to Section 252.
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Section 8
Colloction
Section 8.0 - COLLOCATION
As of the date of execution of this Agreement, CLEC does not intend to order any form of
Collocation under this Section 8. In the event that CLEC wishes to order Collocation hereunder,
the Parties wil amend this Agreement to include the provisions for Collocation.
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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 utilzed 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.
9.1.1.3 If CLEC 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 dilgent 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 dilgent 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. 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
9.1.1.4.3 Additional Non-Impaired Wire Centers. When Qwest files a
request(s) to add additional Wire Center(s) to the Qwest Non-impaired Wire
Center list, Qwest will follow the procedures for making such requests as agreed
to by Qwest and certain CLECs in the Multi-state Settlement Agreement
Regarding Wire Center Designations and Related Issues on June 20, 2007. If
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Unbundled Network Elements
the Commission approves the Wire Center(s) as non-impaired, fifteen (15) Days
after Commission-approval CLEC wil 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 wil work together to identify those circuits impacted by such change.
9.1.1.4.3.1 Length of Transition Penod for Additional Non-Impairment
Designations.
9.1.1.4.3.1.1 When the Commission approves additional DS1
and DS3 loop or high capacity transport UNE non-impairment
designations as described in Section 9.1.1.4.3, CLEC wil 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 Facilties
to an alternative service.
9.1.1.43.1.2 When the Commission approves additional Dark
Fiber transport non-impairment Designations as described in
Section 9.1.1.4.3, CLEC wil 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 wil
work together to identify those circuits impacted by such a
change.
9.1.1.43.2 Rate Dunng Transition Penod for Additional Non-
Impairment Designations.
9.1.1.4.3.2.1 For a ninety (90) day penod 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 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.
9.1.1.4.3.2.3 The 115% rate described in Sections 9.1.1.4.3.2.1
and 9.1.1.4.3.2.2 wil be applied to CLEC bils on the following bil
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Unbundled Network Elements
cycle, and may be applied as a manual adjustment. Any manual
bil adjustment for the time period for which the facilities were in
place wil be applied to each account based on the Billng
Telephone Number (BTN) and/or Circuit (CKT) identification
number per Billing Account Number (BAN) with an effective bil
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 wil 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 wil provide a clearly identified lump sum credit
within three (3) billng 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 by CLEC or Qwest that CLEC's access to or use of
UNEs is inconsistent with Existing Rules, except due to change of law, CLEC has thirt
(30) Days to convert such UNEs to alternate service arrangements and CLEC is subject
to back billng for the difference between rates for the UNEs and rates. for the Qwest
alternate service arrangements. CLEC is also responsible for all non-recurring charges
associated with such conversions.
9.1.1.6 When CLEC submits an order to convert a special access circuit to a
UNE and that circuit has previously been exempt from the special access surcharge
pursuant to 47 C.F.R. § 69.115, CLEC shall document in its certification when and how
the circuit was modified to permit interconnection of the circuit with a local exchange
subscriber line.
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.
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Unbundled Network Elements
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 wil be required to provide the CFA (Connecting Facilty
Assignment) of CLEC's network demarcation (e.g., Collocation or multiplexing facilties)
for each UNE, UNE Combination, or wholesale service when requesting Qwest to
perform the Commingling of such services. Qwest shall not deny access to a UNE on
the grounds that the UNE or UNE Combination shares part of Qwests network with
access services.
9.1.1.8.1 When a UNE and other service are Commingled, the service
interval for each facilty being Commingled wil apply only as long as a unique
provisioning process is not required for the UNE or service due to the
Commingling. Performance measurements and\or remedies do not applicable to
the total Commingled arrangement but do apply to each facility or service
ordered within the Commingled arrangement. Work performed by Qwest to
provide Commingled services that are not subject to standard provisioning
intervals wil not be subject to performance measures and remedies, if any,
contained in this Agreement or elsewhere, by virtue of that service's inclusion in a
requested Commingled service arrangement. Provisioning intervals applicable to
services included within a requested Commingled service arrangement will not
begin to run until CLEC provides a complete and accurate service request,
necessary CFAs to Qwest, and Qwest completes work required to perform the
Commingling that is in addition to work required to provision the service as a
stand-alone facility or service.
9.1.1.8.2 Qwest wil not combine or Commingle services or Network
Elements that are offered by Qwest solely pursuant to Section 271 of the
Communications Act of 1934, as amended, with Unbundled Network Elements or
combinations of Unbundled Network Elements.
9.1.1.8.3 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.
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 CLEC requests Qwest to commingle a
UNE or a UNE Combination with one or more facilties or services that CLEC has
obtained at wholesale from Qwest pursuant to a method other than unbundling under
Section 251 (c)(3) of the Act, Qwest wil not be required to bil that wholesale circuit at
multiple rates, otherwise known as ratcheting. Such commingling wil not affect the
prices of UNEs or UNE Combinations involved.
9.1.1.9.1 To the extent a multiplexed facilty is included in a Commingled
circuit then: (1) the multiplexed facility wil be ordered and billed at the UNE rate
if and only if all circuits entering the multiplexer are UNEs and (2) in all other
situations the multiplexed facility wil be ordered and biled pursuant to the
appropnate Tariff.
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9.1.1.10 Service Eligibility Criteria. The following Service Eligibilty Criteria apply
to combinations and/or Commingling of high capacity (DS1 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).
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, fiing 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 circuit, 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 End User Customer wil be assigned a local telephone
number prior to the provision of service over that circuit. This requires
that each DS1 circuit must have at least one (1) local telephone number
and each DS3 circuit has at least twenty-eight (28) local telephone
numbers. The origination and termination of local voice traffc 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.
9.1.1.10.2.4 911 or E911. Each circuit to be provided to each End User
Customer wil have 911 or E911 capability prior to the provision of service
over that circuit.
9.1.1.10.2.5 Collocation.
a) Each circuit to be provided to each End User 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 as the End User Customer's premises, when Qwest is
not the collocator, and cannot be at an Interexchange Carrier POP or
ISP POP location; and
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b) Each circuit to be provided to each End User Customer wil
terminate in a Collocation arrangement that is located at the third
part's premises within the same LATA as the End User Customer's
premises, when Qwest is the collocator; and
c) When a DS1 or DS3 EEL Loop is connected to a multiplexed
facilty, 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 Qwests Premises within the same LATA as the
End User Customets premises, when Qwest 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 traffc which must include hand-offs of local voice
calls that flow in both directions. Where CLEC does not arrange for a
meaningful exchange of traffc, those arrangements cannot be attributed
toward satisfaction of this criterion. At a minimum, each DS1 circuit must
be served by a DSO equivalent LIS trunk in the same LATA as the End
User Customer served by the circuit. For each twenty-four (24) DS 1
circuits, CLEC must maintain at least one (1) active DS1 LIS trunk in the
same LATA as the End User Customer served by the circuit.
9.1.1.10.2.6.1 Callng Part Number. Each circuit to be provided
to each End User Customer wil be served by an Interconnection
trunk over which CLEC wil transmit the Callng Part Number in
connection with calls exchanged over the trunk. For each twenty-
four (24) DS1 EELs or other facilities having equivalent capacity,
CLEC wil have at least one (1) active DS1 LIS trunk over which
CLEC wil, transmit the Callng Part Number in connection with
calls exchanged over the trunk. If the Callng Part 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 End
User Customer wil be served by an End Offce Switch capable of
switching local voice traffc. 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 traffc.
9.1.1.10.3 CLEC must provide certification to Qwest through a certification
letter, or other mutually agreed upon communication, that each individual high
capacity loop in combination, or Commingled, with a Qwest-provided high
capacity transport facility or service, meets the Service Eligibility Criteria set forth
above before Qwest will provision or convert the high capacity facility in
combination or Commingled.
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
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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, Owest may perform Service Eligibilty
Audits of CLEC's records. Service Eligibility Audits shall be performed in
accordance with the following guidelines:
9.1.1.10.5.1 Owest may, upon thirt (30) Days written notice to CLEC
that has purchased high capacity combination and Commingled faciliies,
conduct a Service Eligibilty 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 Eligibilty Audit by Owest and shall maintain and provide Owest
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 Eligibilty
Critena.
9.1.1.10.5.3 An independent auditor hired and paid for by Owest shall
perform any Service Eligibility Audits, provided, however, that if a Service
Eligibility Audit reveals that CLEC's high capacity combination and
Commingled facility circuit(s) do not meet or have not met the Service
Eligibility Cnteria, then CLEC shall reimburse Owest for the cost of the
audit. To the extent the independent auditor's report concludes that
CLEC complied in all material respects with the Service Eligibility Criteria,
Owest shall reimburse CLEC for its costs associated with the Service
Eligibility 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 (AI CPA) and during normal business hours,
unless there is a mutual agreement otherwise.
9.1.1.10.5.5 Owest shall not exercise its Service Eligibilty Audit rights
with respect to CLEC (excluding Affliates), more than once in any
calendar year, unless an audit finds non-compliance. If a Service
Eligibility Audit does find non-compliance, Owest 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 Owest 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 Owest provides notice of a Service
Eligibility Audit to CLEC under this paragraph, Owest shall send a copy of
the notice to the Federal Communications Commission.
9.1.1.10.5.7 Service Eligibility Audits conducted by Owest for the
purpose of determining compliance with Service Eligibility Criteria shall
not effect or in any way limit any audit or Dispute Resolution rights that
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Qwest may have pursuant to other provisions of this Agreement.
9.1.1.10.5.8 Qwest shall not use any other audit rights it may have
under this Agreement to audit for compliance with the Service Eligibility
Criteria of this Section. Qwest shall not require a Service Eligibility Audit
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 Eligibilty 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 Eligibilty 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 thirt (30) days.
9.1.2 Qwest 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 Qwest provides, as well as the access provided to that
element, wil be equal between all Carriers requesting access to that element; second, where
Technically Feasible, the access and Unbundled Network Element provided by Qwest wil be
provided in "substantially the same time and mannet' to that which Qwest provides to itself or to
its Affliates. In those situations where Qwest does not provide access to Network Elements to
itself, Qwest will provide access in a manner that provides CLEC with a meaningful opportunity
to compete. For the period of time Qwest 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 wil be shared. Notwithstanding the foregoing, Qwest
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,
Qwest shall comply with all state wholesale service quality requirements.
9.1.2.1 If facilities are not available, Qwest wil build facilties dedicated to an End
User Customer if Qwest would be legally obligated to build such facilties 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 wil be responsible for any construction charges for which an
End User Customer would be responsible. In other situations, Qwest 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, Qwest wil follow the same
process that it would follow for an equivalent retail service .to determine if
assignable facilities exist that fi the criteria necessary for the service requested.
If available facilities are not readily identified through the normal assignment
process, but facilities can be made ready by the requested Due Date, CLEC wil
not receive an additional FOC, and the order Due Date will not be changed.
9.1.2.1.2 If cable capacity is available, Qwest wil complete incremental
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facilty work (Le., conditioning, place a drop, add a Network Interface Device, and
other routine network modifications as described below) in order to complete
facilties to the End User Customer's premises.
9.1.2.1.2.1 Owest 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. Owest
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 facilty 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
Owest regularly undertakes for its own retail End User Customers.
Routine network modifications include, but are not limited to, rearranging
or splicing of cable; adding an equipment case; adding a doubler or
repeater; adding a smart jack; installng a repeater shelf; adding aline
card; deploying a new multiplexer or reconfiguring an existing multiplexer;
and attaching electronic and other equipment that Owest ordinarily
attaches to a OS 1 loop to activate such loop for its own retail End User
Customer. They also include activities needed to enable CLEC to light a
dark fiber transport facility. Routine network modifications may entail
activities such as accessing manholes, deploying bucket trucks to reach
aerial cable, and installng 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 facilties are
identified for the UNE requested, Owest wil look for existing engineering job
orders that could fill the request in the future. If an engineering job currently
exists, Owest wil add CLEC's request to that engineering job and send CLEC a
jeopardy notice. Upon completion of the engineering job, Owest 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, Owest wil 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 wil receive a jeopardy notice. Owest wil initiate
an engineering job order for delivery of primary service to the End User
Customer. When the engineering job is completed, CLEC will receive
another FOC identifying a new Due Date when the Loop wil 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, Owest wil 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 Owest will provide CLEC notification of major Loop facility builds
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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 Owest does not
warrant or guarantee the estimated Ready for Service Dates. CLEC also
acknowledges that funded Owest outside plant engineering jobs may be modified
or cancelled at any time.
9.1.2.1.5 Intentionally Left Blank.
9.1.3 Intentionally Left Blank.
9.1.4 Owest wil 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 ancilary 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:
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 (i CD F); 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 wil provide CLEC with the same features, functions and capabilties of a particular
element or combinations of elements that Owest provides to itself. Owest wil 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 comtlined by CLEC), so that CLEC can provide any Telecommunications
Services that can be offered by means of such element or combination of elements. Owest wil
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.
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9.1.6 Except as set forth in Section 9.23, the UNE Combinations Section, Owest
provides UNEs on an individual element basis. Charges, if any, for testing pursuant to this
paragraph are contained in Exhibit A to this Agreement.
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 wil 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 wil 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 wil 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:
a) Owest wil 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) Owest wil 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) Owest wil 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 Owest web site.
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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 wil result in UNE transmission parameters that are within transmission
limits of the UNE ordered by CLEC. Qwest shall provide advance notice of changes that affect
network Interoperability pursuant to applicable FCC rules. Changes that affect network
Interoperabilty 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.
9.1.10 Channel Regeneration. Qwests design wil ensure the cable between the
Qwest-provided active elements and the DSX wil meet the proper signal level requirements.
Channel regeneration wil not be charged for separately for Interconnection between a
Collocation space and Qwests network. Cable distance limitations are based on ANSI
Standard T1.102-1993 "Digital Hierarchy- Electricallntenace; Annex 8."
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
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 Qwest has already provided the technical information normally on the
design layout record; 2) customized service; or 3) review of Qwest outside plant
records. Basic or overtime rates apply.
b) Additional labor - installation - installation work scheduled to be penormed
outside of Qwests regular business hours. Overtime or premium rates apply.
c) Additional labor - other - work not included in "additional labor - installation"
above that involves labor only, including testing and maintenance that are not part of
initially requested installation or maintenance, or, for example, for Optional Testing when
CLEC reports trouble and provides no test results and authorizes Qwest to penorm tests
on CLEC's behalf. Basic, overtime, or premium rates apply.
d) Additional cooperative acceptance testing - penorming specific tests requested
by CLEC. Qwests participation in such testing is subject to the availabilty of necessary
qualified Qwest personnel and test equipment at test locations, which normally include
the Qwest Central Offce and may include CLEC's specified location. Tests include, but
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are not limited to, loop back, attenuation, intermodulation, phase jitter, noise, delay,
echo, and frequency shift tests. Basic, overtime, or premium rates apply.
e) Non-scheduled testing - performing specific tests requested by CLEC as
described above under "cooperative testing" or "manual testing" on a non-scheduled
basis. Tests include, but are not limited to, loss, noise, slope, delay, and echo. Such
tests are performed as the result of a repair request and are in addition to tests required
to isolate and repair trouble. Basic, overtime, or premium rates apply.
f) Cancellation - cancellation of a pending order for the installation of services at
any time prior to notification by Qwest that service is available for use. The cancellation
date is the date Qwest receives notice from CLEC that the order is cancelled. If CLEC
or CLEC's End User Customer is unable to accept service within thirt (30) Days after
the original Due Date, the order wil be cancelled by Qwest. Prices for this
miscellaneous service are market-based, using Qwests Tariffed, cataloged, price listed,
or other similarly documented prices, and are subject to change. Additional information
concerning the application of prices for cancellations can be found in Qwests Tanff FCC
No.1, Section 5.
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
Qwest Wire Center as the original address; or 2) conversions from an Unbundled
Network Element to a pnvate line/Special Access circuit. In addition to a design change
Miscellaneous Charge, an address change may result in the application of an expedite
Miscellaneous Charge in order to retain the onginal Due Date. Prices for this
miscellaneous service are market-based, using Qwests Tariffed, cataloged, price listed,
or other similarly documented prices, and are subject to change.
h) Dispatch - 1) information provided by CLEC, or a request from CLEC, in relation
to installation of services, resulting in dispatch of a Qwest technician(s) when dispatch is
not required for Qwest to complete its installation work; 2) information provided by CLEC
resulting in dispatch, or a request from CLEC for dispatch, of a Qwest technician(s) in
relation to a repair request where no trouble is found in Qwests facilities; and 3) a Qwest
technician(s) is dispatched and CLEC or CLEC's End User Customer is not available or
ready. Prices for this miscellaneous service are market-based, using Qwests Tariffed,
cataloged, price listed, or other similarly documented prices, and are subject to change.
i) Expedite - a Due Date that reflects a shorter service interval than is available in
Qwests 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, Qwest wil
accommodate CLEC's request for an expedited installation if it can do so without
delaying Due Dates or orders of other CLECs or End User Customers. Charges for
expedited installations are in addition to nonrecurring charges for the service ordered.
Prices for this miscellaneous service are market-based, using Qwests Tariffed,
cataloged, price listed, or other similarly documented prices, and are subjectto change.
j) Maintenance of ServicelTrouble Isolation - work performed by Qwest when
CLEC reports trouble to Qwest and no trouble is found in Qwests facilities. CLEC is
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responsible for payment of charges when the trouble is in equipment or systems
provided by a part(ies) other than Owest. Additionally, when CLEC reports trouble
within a quantity of services and circuits, but fails to identify the specific service and
circuit experiencing trouble, charges apply for the time spent by Owest to isolate the
trouble. A call-out of Owest technician at a time not consecutive with that technician's
scheduled work period is subject to a minimum charge of four (4) hours. Failure of
Owest personnel to find trouble in Owest facilties wil result in no charge if the trouble is
subsequently found in those facilities. Charges apply per Owest technician, from the
time of dispatch until the work is complete. Trouble Isolation Charges (TIC) apply for
trouble isolation work on POTS and Maintenance of Service charges apply for trouble
isolation work on other services. Dispatch Miscellaneous Charges may apply in addition
to Maintenance of Service charges or TIC. Basic, overtime, or premium rates apply.
Prices for this miscellaneous service are market-based, using Owest's Tariffed,
cataloged, price listed, or other similarly documented prices, and are subject to change.
9.1.13
9.1.14
Intentionally Left Blank.
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 Owest's Service
Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates.
9.1.15.1 CLEC wil 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.
9.1.15.2 The request for an expedite wil be allowed only when the request meets
the criteria outlined in the Pre-Approved Expedite Process in Qwest's Product Catalog
for expedites at Qwest's wholesale web site.
9.1.16 Intentionally Left Blank.
9.2 Unbundled Loops
9.2.1 Description
The Unbundled Loop is defined as a transmission facilty between a distribution frame (or its
equivalent) in a Qwest Central Offce 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 Owest owned or controlled facilties cease, and
CLEC, End User Customer, owner or landlord ownership of facilities begins.
9.2.1.2 FTTH and FTTC Loops. For purposes of this Section, a Fiber-to-the-
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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 dwellng units (MDUs), a fiber optic cable, whether dark or lit, that
extends to the MDU's minimum point of entry (MPOE). For purposes of this Section, a
Fiber-to-the-Curb (FTTC) loop is a local loop consisting of fiber optic cable connecting to
a copper distribution plant loop that is not more than 500 feet from the End User
Customer's premises or, in the case of predominantly residential MDU, not more than
500 feet from the MDU's MPOE. The fiber optic cable in a FTTC must connect to a
copper distribution plant loop at a serving area interface from which every other copper
distribution Subloop also is not more than 500 feet from the respective End User
Customer's premises.
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
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, Qwest shall not be required to incur any expense to ensure
that ~ny 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 Qwest 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. Qwests obligations under this subsection
9.2.1.2.2 shall terminate when Qwest 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 Qwest, 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, Qwest 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 Qwest decides to replace
any copper loop or copper Subloop with a FTTH/FTTC Loop, Qwest wil: (i)
provide notice of such planned replacement on its web site
(ww.qwest.com/disclosures); (ii) provide e-mail notice of such planned
retirement to CLECs; and (ii) provide public notice of such planned replacement
to the FCC. Such notices shall be in addition to any applicable state Commission
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notification that may be required. Any such notice provided to the FCC shall be
deemed approved on the ninetieth (90th) Day after the FCC's release of its public
notice of the filing, unless an objection is filed pursuant to the FCC's rules. In
accordance with the FCC's rules: (i) CLEC objection to a Qwest notice that it
plans to replace any copper Loop or copper Subloop with a FTTH/FTTC Loop
shall be filed with the FCC and served upon Qwest no later than the ninth (9th)
business day following the release of the FCC's public notice of the fiing and (ii)
any such objection shall be deemed denied ninety (90) Days after the date on
which the FCC releases public notice of the filing, unless the FCC rules
otherwise within that period.
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, Qwest 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 Qwests Central Offce 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, Qwest may either:
a) Provide non-discriminatory access, on an unbundled basis, to
an entire Hybrid Loop capable of voice-grade service (i.e., equivalent to
DSO capacity), using time division multiplexing technology; or
b) Provide non-discriminatory access to a spare home-run copper
loop serving that End User Customer on an unbundled basis.
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 Customers. For
Unbundled Loops that have a retail analogue, Qwest wil provide these Unbundled
Loops in substantially the same time and manner as Qwest provides to its own End User
Customers. Unbundled Loops shall be provisioned in accordance with Exhibit C and the
performance metrics set forth in Section 20 and with a minimum of service disruption.
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.
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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 facilties 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 wil 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 wil 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 suffcient to cause reasonable concern about CLEe's
abilty to provide service through available copper facilties on a broad
scale, CLEC shall have the ability to gain access to Qwest information
suffcient to provide CLEC with a reasonably complete identification of
such available copper facilities. Qwest shall be entitled to mediate
access in a manner reasonably related to the need to protect Confidential
or Proprietary Information. CLEC shall be responsible for Qwests
incremental costs to provide such information or access mediation.
9.2.2.2.2 If there are state service quality rules in effect at the time CLEC
requests an Analog Unbundled Loop, Qwest wil provide an Analog Unbundled
Loop that meets the state technical standards. If necessary to meet the state
standards, Qwest wil, 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, metallc wire, metallc
wire based digital Loop carrier, and fiber optic fed digital carrier systems. Qwest wil
provision digital Loops in a non-discriminatory manner, using the same facilities
assignment processes that Qwest uses for itself to provide the requisite service. Digital
Loops may use a single or multiple transmission technologies. DC continuity does not
apply to digital capable Loops. If conditioning is required, then CLEC shall be charged
for such conditioning as set forth in Exhibit A if it authorized Qwest. to perform such
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conditioning.
9.2.2.3.1 Intentionally Left Blank.
9.2.2.3.1.1 DS 1 Unbundled Loops. Subject to the cap described in
Section 9.2.2.3.1.1.1, Qwest shall provide CLEC with non-discriminatory
access to a DS1 Loop on an unbundled basis to any building not served
by a Wire Center with at least 60,000 Business Lines and at least four (4)
Fiber-based Collocators. Once a Wire Center exceeds both of these
thresholds, no future DS1 Loop unbundling wil be required in that Wire
Center.
9.2.2.3.1.1.1 Cap on Unbundled DS1 Loop Circuits. CLEC may
obtain a maximum of ten (10) unbundled DS1 Loops to any single
building in which DS1 Loops are available as Unbundled Loops.
9.2.2.3.1.2 DS3 Unbundled Loops. Subject to the cap described
in Section 9.2.2.3.1.2.1, Qwest 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.
9.2.2.3.1.2.1 Cap on Unbundled DS3 Loop Circuits. CLEC may
obtain a maximum of a single unpundled DS3 Loop to any single
building in which DS3 Loops are available as unbundled Loops.
9.2.2.3.2 If CLEC orders a 214 wire non-loaded Unbundled Loop for an End
User Customer served by a digital loop carrier system, Qwest wil 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 wil 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 wil dispatch a technician to condition the Loop by removing load coils
and excess Bridged Taps to provide CLEC with a non-loaded Loop. CLEC wil 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
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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 GLEG. In the case of such fundamental failure, CLEC shall be entitled to a
credit of all conditioning charges, except where CLEC asks Owest to cure any
defect and Owest does so. In the case of such cure, CLEC shall be entitled to
the one-half (1/2) credit identified above.
9.2.2.5 When CLEC requests a Basic Rate ISDN capable or an xDSL-1 capable
Loop, Qwest wil dispatch a technician, if necessary, to provide Extension Technology
that takes into account for example: the additional regenerator placement, Central Offce
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 wil be added by Owest, 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 Owest wil
provide the requested Extension Technology and wil charge CLEC. Owest wil
provision ISDN (BRI) capable and xDSL-1 capable Loops using the specifications in the
Technical Publication 77384. Refer to that document for more information. CLEG wil
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 wil 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 Offce network interface at a DS 1 panel or equivalent in a Qwestserving
Central Offce and the network interface at the End User Customer location. DS1
capable Loops transport bi-directional DS1 signals with a nominal transmission
rate of 1.544 MbiUs. DS1 capable Loops shall meet the design requirements
specified in Technical Publication 77384 (Unbundled Loops) and 77375 (DS1).
9.2.2.6.2 DS3 capable Loops provide a transmission path between a Owest
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 MbiUs. DS3 capable Loops shall
meet the design requirements specified in 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. Owest offers five (5) Loop qualification tools:
the Loop Qualification Tool, Raw Loop Data Tool, POTS Conversion to Unbundled Loop
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Tool, MegaBit Qualification Tool, and ISDN Qualification TooL. These and any future
Loop qualification tools Qwest develops will provide CLEC access to Loop qualification
information in a nondiscriminatory manner and wil provide CLEC the same Loop
qualification information available to Qwest. CLEC may request an audit of Qwests
company records, back offce 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 utilizing the existing telephone number or
address to determine whether it meets DSL specifications. The qualification
process screens the circuit for compliance with the design requirements specified
in Technical Publication 77399.
9.2.2.8.2 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 ww.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. CLEC
may also access the IMA Raw Loop Data Tool for Loop specific information. The
IMA Raw Loop Data Tool may be accessed through IMA-GUI or IMA-EDL This
tool provides CLEC the following information: Wire Center CLLI code, cable
name, pair name, terminal address, ML T distance, segment (Ft, 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 Qwèst 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 CLEC to view
information on multiple lines and wil 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 qualification tools, if the Loop qualification tools return
unclear or incomplete information, or if CLEC identifies any inaccuracy in the
information returned from the Loop qualification tools, and provides Qwest with
the basis for CLEC's belief that the information is inaccurate, then CLEC may
request, and Qwest wil perform a manual search of the company's records, back
offce systems and databases where Loop information resides. Qwest wil
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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 wil 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 wil 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 wil
load the information into the Loop Facilities Assignment and Control System
(LFACS) database, which wil populate this Loop information into the fields in the
Loop qualification tools.
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.
9.2.2.9.1 Basic Installation. Basic Installation may be ordered for new or
existing Unbundled Loops. Upon completion, Qwest wil call CLEC to notify
CLEC that the Qwest work has been completed.
9.2.2.9.1.1 For an existing End User 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 End User Customer service, the Basic
Installation option involves the COT and Field Technician (CST/NT)
completing circuit wiring and performing the required performance tests to
ensure the new circuit meets the required parameter limits. The test
results are NOT provided to CLEC.
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 End User Customer, Basic
Installation with Performance Testing is a "lift and lay" procedure. The
Central Offce Technician (COT) "lifts" the Loop from its current
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termination and "lays" it on a new termination connecting CLEC. The
COT and ImplementorlTester perform the required performance tests to
ensure that the new circuit meets required parameter limits.
9.2.2.9.2.2 The Owest ImplementorlTester wil read the test
results to CLEC on close-out and email the performance test results
within two (2) business days to a single, designated CLEC office email
address.
9.2.2.9.2.3 For new End User Customer service, the Basic
Installation with Performance Testing option requires a dispatch to the
End User Customer premises. The COT and Field Technician complete
circuit wiring and perform the required performance tests to ensure the
new circuit meets the required parameter limits. These test results are
read to CLEC by the awest ImplementorlTester on close-out. Within two
(2) business days, awest wil email the performance test results to a
single, designated CLEC offce 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.
For both new and existing service, CLEC must designate a specific "Appointment
Time" when it submits the LSR. On the Due Date (DO), at CLEC's designated
Appointment Time, the awest ImplementorlTester contacts CLEC to ensure
CLEC is ready for installation. If CLEC is not ready within thirt (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
Qwest is not ready within thirt (30) minutes of the scheduled Appointment Time,
awest wil waive the nonrecurring charge for the installation option, and the
Parties wil attempt to set a new appointment for the same day. If Qwest fails to
perform cooperative testing due to awests fault, awest wil waive the
nonrecurring charge for the installation option. If CLEC still desires cooperative
testing, the Parties wil attempt to set a new Appointment Time on the same day
and, if unable to do so, awest will issue a jeopardy notice and a FOC with a new
Due Date.
9.2.2.9.3.1 For an existing End User Customer, Coordinated
Installation With Cooperative Testing is a "lift and lay" procedure with
cooperative testing. The COT completes the installation in the Central
Office and performs testing that CLEC requests. Upon completion of
awest performance testing, the awest ImplementorlTester will contact
CLEC, read the awest test results, and begin CLEC cooperative testing.
Within two (2) business days, awest wil email the awest test results to a
single, designated CLEC offce email address. CLEC wil be charged for
any Provisioning test CLEC requests that is not defined in the Qwest
Technical Publication 77384.
9.2.2.9.3.2 For new End User Customer service, Coordinated
Installation With Cooperative Testing may require a dispatch of a
technician to the End User Customer premises. The COT and Field
Technician complete circuit wiring and perform the required performance
tests to ensure that the new circuit meets required parameter limits.
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Upon completion of Owest performance testing, the Owest
ImplementorlTester wil contact CLEC, read the Owest test results, and
begin CLEC cooperative testing. Within two (2) business days, Owest wil
email the Owest test results to a single, designated CLEC offce email
address. CLEC wil 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 (DO), at
CLEC's designated Appointment Time, the Owest ImplementorlTester contacts
CLEC to ensure CLEC is ready for installation. If CLEC is not ready within thirt
(30) minutes of the scheduled Appointment Time, then CLEC must reschedule
the installation by submitting a supplemental LSR. If Owest is not ready within
thirt (30) minutes of the scheduled Appointment Time, Owest wil waive the
nonrecurring charge for the installation option and thé'Parties wil attempt to set a
new Appointment Time on the same day and, if unable to do so, Owest wil issue
a jeopardy notice and a FOC with a new Due Date.
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 abilty 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 End User Customer
premises. The Field Technician wil not remain on the premises to
perform the coordinated installation once the circuit is in place. The COT
completes the installation in the Central Offce, and the COT. and
ImplementorlTester complete the required performance tests to ensure
that the new circuit meets required parameter limits. CLEC wil not
receive test results. When installation is complete, Owest wil notify
CLEC.
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 End User Customer, Basic
Installation With Cooperative Testing is a "lift and lay" procedure with
cooperative testing on the Due Date. The COT "lifts" the Loop from its
current termination and "lays" it on a new termination connecting to
CLEC. Upon completion of Owest performance testing, the Owest
ImplementorlTester wil contact CLEC, read the Owest test results, and
begin CLEC cooperative testing. Within two (2) business days, Owest wil
email the Owest test results to a single, designated CLEC offce email
address. CLEC and Owest wil perform a loop back acceptance test,
accept the Loop and exchange demarcation information.
9.2.2.9.5.2 For new End User Customer service, Basic
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Installation With Cooperative Testing may require a dispatch to the End
User Customer premises. The COT and Field Technician complete
circuit wiring and perform the required performance tests to ensure the
new circuit meets the required parameter limits.
9.2.2.9.5.3 If Qwest fails to perform cooperative testing due to
Qwests fault, Qwest wil waive the nonrecurrng charge for the installation
option. If CLEC stil desires cooperative testing, the Parties wil attempt to
set a new Appointment Time on the same day and, if unable to do so,
Qwest wil issue a jeopardy notice and a FOC with a new Due Date.
9.2.2.9.6 Performance Testing.
performance tests for various Loop types:
Qwest 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
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 xDSL-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) DS1-Capable Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
e) DS3-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 DS1-capable,
Unbundled DS3-capable or twenty-five (25) or more DSO Unbundled Loops.
9.2.2.9.7.1 The date and time for the Project Coordinated
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Installation requires up-front planning and may need to be negotiated
between Qwest and CLEC. All requests wil 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 possibilty of other CLECs
requesting the same Frame Due Time (FDT) in the same Switch (Switch
contention) must be reviewed. In the event that any of these situations
would occur, Qwest wil negotiate with CLEC for an agreed upon FDT,
prior to issuing the Firm Order Confirmation (FOC). In special cases
where CLEC is ordering Unbundled Loop with LNP, the FDT must be
agreed upon, the interval to reach agreement wil not exceed two (2) days
from receipt of an accurate LSR. In addition, standard intervals wil 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.
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 Qwests standard
installation hours or out of hours. Qwest 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 1 0.2.5.4
for rate elements.
9.2.2.9.7.4 Qwest wil 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 wil 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 wil 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 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 (1) Person
three (3) hour minimum charge.
9.2.2.9.7.5 If CLEC orders Project Coordinated Installation with
LNP and in the event the LNP 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
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required of CLEC.
9.2.2.9.7.6 If CLEC orders Project Coordinated Installation with
LNP, Qwest 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 Qwest to Commingle DS1 or DSO analog voice grade
unbundled Loops with DS3 or DS1 multiplexed facilties ordered by CLEC from Qwests
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, Qwest may
make necessary modifications and changes to Unbundled Loops, ancilary and Finished
Services in its network on an as needed basis. Such changes may result in minor
changes to transmission parameters. Changes that affect network Interoperabilty
require advance notice pursuant to the Notices Section of this Agreement.
9.2.2.12 If there is a conflct between an End User Customer (or its respective
agent) and CLEC regarding the disconnection or Provisioning of Unbundled Loops,
Qwest wil advise the End User Customer to contact CLEC, and Qwest will initiate
contact with CLEC.
9.2.2.13 Facilties and lines Qwest furnishes on the premises of CLEC's End User
Customer up to and including the Loop Demarcation Point are the propert 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 wil 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 propert in that facilty. 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 Facilties
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 wil notify CLEC of the
loss of the End User Customer, and will disconnect the Loop Qwest provided to
CLEC. Qwest wil 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
wil disconnect the Loop Qwest provided the Current Service Provider and, at
CLEC's request, where technically compatible, wil reuse the Loop for the service
requested by CLEC (e.g., resale service).
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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 wil reuse the
existing Loop facilties for the service requested by CLEC to the extent those
facilities are technically compatible with the service to be provided. Upon CLEC
request, Qwest wil 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 wil
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 thirt (30) business days. If facilties
become available to fil the order within that thirt (30) business day period, Qwest shall
notify CLEC of such availabilty. GLEC and Qwest acknowledge that the availabilty 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
9.2.3.7.2
Intentionally Left Blank.
Intentionally Left Blank.
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9.2.3.7.3 Intentionally Left Blank.
Intentionally Left Blank.9.2.3.7.4
9.2.3.7.5 For coordinated installations scheduled to commence Out of
Hours, or rescheduled by CLEC to commence Out of Hours, CLEC wil incur
additional labor - installation Miscellaneous Charges in addition to regular
nonrecurring charges for the installation.
9.2.3.8 Conversions of private line/special access circuits to Unbundled Loops.
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 Qwest wholesale web site.
9.2.4.2 Prior to placing orders on behalf of the End User Customer, CLEC shall
be responsible for obtaining and have in its possession a Proof of Authorization:
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.
9.2.4.3.1 Before submitting an order for a 2/4 wire non-loaded Loop, ISDN
capable Loop or xDSL-1 capable Loop, CLEC should use one of Qwests Loop
make-up tools available via IMA-EDI, IMA-GUI, or the web-based application
intenace 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 Qwest tools, CLEC must determine whether conditioning is
required to provide the xDSL service it intends to offer. If Loop
conditioning is required, CLEC may authorize Qwest to pènorm such
Loop conditioning on its LSR. If CLEC does not pre-approve Loop
conditioning, Qwest wil assume that CLEC has determined that Loop
conditioning is not necessary to provide the xDSL service CLEC seeks to
offer. If CLEC or Qwest determines that conditioning is necessary, and
CLEC authorizes Qwest to penorm the conditioning, Qwest wil penorm
the conditioning. CLEC wil be charged for the conditioning in accordance
with the rates in Exhibit A. If Qwest determines that conditioning is
necessary and CLEC has not previously authorized Qwest to penorm the
conditioning on the LSR, Qwest wil send CLEC a rejection notice
indicating the need to obtain approval for conditioning. CLEC must
submit a revised LSR before the conditioning work wil commence. Once
Qwest receives the revised LSR, the fifteen (15) business day
conditioning interval wil 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 DS1-capable Loop, Qwest will return
a Firm Order Confirmation (FOC) to CLEC within seventy-two (72) hours
from receipt of a valid and accurate LSR. Return of such FOC will
indicate that Qwest has identifed a Loop assignment. Such FOC wil
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provide CLEC with a firm Due Date commitment or indication that
appropriate facilities are not available to fill CLEC'sorder.
9.2.4.3.1.2.1 If CLEC has pre-approved Loop
conditioning, and conditioning is not necessary, awest will return
the FOC with the standard interval (Le., five (5) days).
9.2.4.3.1.2.2 If CLEC has not pre-approved Loop
conditioning and awest determines that the Loop contains load
coils, awest will notify CLEC via a reject notifcation. CLEC must
submit a new version of the LSR approving Loop conditioning. In
this scenano, the Application Date wil correspond to the date the
new version is received by awest.
9.2.4.3.1.2.3
9.2.4.3.1.2.4
Intentionally Left Blank.
Intentionally Left Blank.
9.2.4.4 Installation intervals for all Unbundled Loops are defined in Exhibit C.
The interval wil start when awest receives a complete and accurate LSR. The LSR
date is considered the start of the service interval if the order is received prior tcf7:00
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 awest
that is complete and accurate, awest wil reply to CLEC with a Firm Order
Confirmation within the time specified in Section 20. The Firm Order
Confirmation wil contain the Due Date that specifies the date on which awest
will provision the Loop. awest wil implement adequate processes and
procedures to assure the accuracy of the commitment date. If awest must make
changes to the commitment date, awest wil promptly issue a jeopardy
notification to CLEC that will clearly state the reason for the change in
commitment date. awest wil also submit a new Firm Order Confirmation that wil
clearly identify the new Due Date.
9.2.4.5 Installation intervals for Unbundled Loops apply when awest has facilities
or network capacity available.
9.2.4.6 Upon CLEC request, awest wil 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
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9.2.4.9.1 When load coils and Bridged Taps do not exist, CLEC may
request the standard Due Date interval, which wil apply upon submission of a
complete and accurate LSR.
9.2.4.9.2 When load coils and/or Bridged Taps do exist, CLEC wil
request the minimum fifteen (15) business days Desired Due Date. CLEC can
determine the existence of load coils or Bridged Taps by using one of the Loop
make-up tools. CLEC may pre-approve line conditioning on the LSR and, by
doing so, CLEC agrees to pay any applicable conditioning charges. If CLEC did
. not request the fifteen (15) day interval and Qwest determines that conditioning is
required, then the fifteen (15) business day interval starts when the need for
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, Qwests 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
Qwests standard installation hours. Installations requested outside of standard
installation hours are considered to be out of hours Installations.
9.2.4.10.2 Intentionally Left Blank.
9.2.4.10.3 To request out of hours Coordinated Installations, CLEC wil
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 Qwest and CLEC because of system downtime,
Switch upgrades, Switch maintenance, and the possibility of other CLECs
requesting the same appointment times in the same Switch (Switch contention).
9.2.5 Maintenance and Repair
9.2.5.1 CLEC is responsible for its own End User Customer base and wil have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. CLEC will perform trouble isolation on the Unbundled Loop and any
associated ancillary services prior to reporting trouble to Qwest. CLEC shall have
access for testing purposes at the NID or Loop Demarcation Point. Qwest wil 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 wil
report trouble isolation test results to the other. For Unbundled Loops, each Part shall
be responsible for the costs of performing trouble isolation on its facilties, subject to
Sections 9.2.5.2 and 9.2.5.3.
9.2.5.2 When CLEC requests that Qwest perform trouble isolation with CLEC, a
Maintenance of Service charge applies if the trouble is found to be on CLEC's side or on
the End User Customer's side of the Loop Demarcation Point. If the trouble is on the
End User Customer's side of the Loop Demarcation Point, CLEC is required to perform
its own maintenance.
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9.2.5.3 Before submitting a repair request to Qwest, CLEC wil isolate trouble to
the Qwest network and must submit test results indicating the location of the trouble
when submitting the repair request. If a trouble ticket with test results is accepted by
Qwest, and Qwest determines that the trouble is on CLEC's or the End User Customer's
side of the Loop Demarcation Point, a Maintenance of Service charge applies. If CLEC
elects not to perform trouble isolation and Qwest performs tests on the Unbundled Loop
at CLEC's request, a Maintenance of Service charge applies. Maintenance and Repair
processes are set forth in Section 12.3 of this Agreement.
9.2.5.4 Qwest wil 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 wil conduct a quarterly root cause analysis of problems associated with Loops
provided to CLEC by Qwest. Based on this analysis, Qwest wil 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 shaH allow access to the NID for testing purposes where access at
theDemarcation 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 End User Customers. Such Loops are
defined herein and are in compliance with FCC requirements and guidelines
recommended by the Network Reliability and Interoperability Council (NRIC) to the FCC,
such as guidelines set forth in T1-417.
9.2.6.2 When ordering xDSL Loops, CLEC wil provide Qwest with appropriate
information using NC/NCI codes to describe the Power Spectral Density Mask (PSD) for
the type of technology CLEC wil deploy. CLEC also agrees to notify Qwest of any
change in Advanced Services technology that results in a change in spectrum
management class on the xDSL Loop. Qwest agrees CLEC need not provide the speed
or power at which the newly deployed or changed technology wil 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.
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.
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9.2.6.3 If CLEC wishes to deploy new technology not yet designated with a PSD
mask, Qwest and CLEC agree to work coperatively 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 insuffcient to eliminate interference that disrupts other
services being provided, Qwest shall, whenever it is Technically Feasible, replace its
T1 s with a technology that wil eliminate undue interference problems. Qwest also
agrees that any future "known Disturber" defined by the FCC or the Commission wil be
managed as required by FCC rules.
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
Part must notify the causing Carrier and allow the causing Carrier a reasonable
opportunity to correct the problem. Upon notification, the causing Carrier shall promptly
take action to bring its facilities/technology into compliance with industry standards.
Upon request, within fort-eight (48) hours, Qwest wil 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, wil 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 wil 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 Offce
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
presumption, which it may do by demonstrating to the Commission by a preponderance
of the evidence that the incremental costs of mitigation would be suffcient 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.
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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
As of the date of execution of this Agreement, CLEC does not intend to order any form of
Subloop Unbundling under this Section 9.3. In the event that CLEC wishes to order Subloop
Unbundling hereunder, the Parties wil amend this Agreement to include the provisions for
Subloop Unbundling.
9.4 Intentionally Left Blank
9.5 Network Interface Device (NID)
As of the date of execution of this Agreement, CLEC does not intend to order Unbundled NIDs
under this Section 9.5. In the event that CLEC wishes to order Unbundled NIDs hereunder, the
Parties will amend this Agreement to include the provisions for Unbundled NIDs.
9.6 Unbundled Dedicated Interoffce Transport (UDIT)
Qwest shall provide access to Unbundled Dedicated Interoffice Transport (UDIT) in a non-
discriminatory manner according to the following terms and conditions.
9.6.1 Description
9.6.1.1 Unbundled Dedicated Interoffce Transport (UDlT) provides CLEC with a
Network Element of a single transmission path between Qwest Wire Centers in the
same LATA and state. UDIT provides a path between one (1) CLEC's Collocation in one
(1) Qwest Wire Center and a different CLEC's Collocation in another Qwest Wire Center.
UDIT is a distance-sensitive, flat-rated bandwidth-specific interoffce transmission path
designed to a DSX in each Qwest Wire Center. UDIT is available in DSO through DS3
bandwidths. CLEC can assign channels and transport its choice of voice or data.
Specifications, interfaces and parameters are described in Qwest Technical Publication
77389.
9.6.1.2
9.6.1.3
Intentionally Left Blank.
Intentionally Left Blank.
9.6.2 Terms and Conditions
9.6.2.0 Intentionally Left Blank.
9.6.2.0.1 Qwest shall unbundle DS1 transport between any pair of Qwest
Wire Centers except where, through application of "Tiet' classifications, as
defined in Section 4 of this Agreement, both Wire Centers defining the Route are
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Tier 1 Wire Centers. As such, Qwest must unbundle DS1 transport if a Wire
Center at either end of a requested Route is not a Tier 1 Wire Center, or if neither
is a Tier 1 Wire Center.
9.6.2.0.1.1 On Routes for which no unbundling obligation for DS3
dedicated transport circuits exists but for which DS1 Dedicated Transport
is available on an unbundled basis, CLEC may obtain a maximum of ten
(10) unbundled DS1 Dedicated Transport circuits.
9.6.2.0.2 Qwest shall unbundle DS3 transport between any pair of Qwest
Wire Centers except where, through application of "Tiet' 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, Qwest 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.
9.6.2.1 To the extent that CLEC is ordering access to a UNE Combination, and
Cross Connections are necessary to combine UNEs, Qwest wil 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 wil 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. Qwests design wil ensure the cable between the Qwest-provided active elements
and the DSX will meet the proper signal level requirements. Channel regeneration wil not
be charged for separately for Interconnection between a Collocation space and Qwests
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.
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9.6.2.5
9.6.2.6
9.6.2.7
Intentionally Left Blank.
Intentionally Left Blank.
9.6.2.8
Intentionally Left Blank.
Intentionally Left Blank.
9.6.2.9 Upon CLEC request, Qwest wil 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 DS 1 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 QwestWire
Centers. This is a mileage sensitive element based on the V&H coordinates of
the DS1 UDIT. The mileage is calculated between the originating and
terminating Qwest Wire Centers.
c) Intentionally Left Blank.
d) DS1 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS 1 service.
e) Intentionally Left Blank.
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9.6.3.2
9.6.3.3
9.6.3.4
9.6.3.5
9.6.3.6
9.6.3.7
9.6.3.8
Section 9
Unbundled Netwrk Elements
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 interoffce transmission path of 44.736 Mbps between
Qwest Wire Centers. This is a mileage sensitive element based on the V&H
coordinates of the DS3 UDIT. The mileage is calculated between the originating
and terminating Qwest Wire Centers.
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 Qwest Wire Centers. This is a
mileage sensitive element based on the V&H coordinates of the DSO UDIT. The
mileage is calculated between the originating and terminating Qwest WireCenters. \
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.
Intentionally Left Blank.
Intentionally Left Blank,
9.6.3.9 The following miscellaneous services, as described in Section 9.1.12, are
available with UDIT. Miscellaneous Charges apply for miscellaneous services.
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Unbundled Network Elements
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 UOIT is ordered via the Access Service Request (ASR) process.
Ordering processes are contained in the Access to OSS Section of this
Agreement.
9.6.4.1.2 Intentionally Left Blank.
9.6.4.1.3 The interval wil 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 wil 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 of this Agreement.
9.6.4.1.4 Intentionally Left Blank.
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 wil be,
delayed ten (10) business days or longer; or
b) The original Due Date has been scheduled later than the
expiration of the standard interval set forth in Exhibit C and CLEC cancels
its order no later than ten (10) days before such original Due Date.
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 wil install the UDIT
extending connections to CLEC Demarcation Point and wil notify CLEC when the work
activity is complete.
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Unbundled Network Elements
9.6.4.3 Intentionally Left Blank.
Intentionally Left Blank.9.6.4.4
9.6.4.5 Qwest wil 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 biling.
9.6.4.7 CLEC wil submit an Access Service Request (ASR) for rearrangement
including appropriate termination information (e.g., Connecting Facilty Assignment
(CFA) or Network Channel Codes/Network Channel Interface Codes (NC/NCI) codes).
9.6.5 Maintenance and Repair
9.6.5.1 The Parties wil perform cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections wil be repaired by CLEC
and Qwest Cross Connections wil be repaired by Qwest. Maintenance and Repair
processes are contained in the Access to OSS 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 VVre 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 wil 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 USOC and appropriate
termination information (e.g., CFA) or NC/NCI codes (Network Channel Codes/Network
Channel Interface Codes).
9.7 Unbundled Dark Fiber
As of the date of execution of this Agreement, CLEC does not intend to order Unbundled Dark
Fiber under this Section 9.7. In the event that CLEC wishes to order Unbundled Dark Fiber
hereunder, the Parties will amend this Agreement to include the provisions for Unbundled Dark
Fiber.
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Unbundled Network Elements
9.8 Intentionally Left Blank
9.9 Intentionally Left Blank
9.10 Intentionally Left Blank
9.11 Intentionally 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
Owest wil assess whether to build for CLEC in the same manner that it assesses whether to
build for itself. Owest 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 Owest constructs to fulfill CLEC's request for UNEs, Owest wil bid this construction on a
case-by-case basis. Owest wil charge for the construction through nonrecurnng charges as
described in this Section 9.19. When CLEC orders the same or substantially similar service
available to Owest End User Customers, nothing in this Section shall be interpretèd to authorize
Owest 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 Owest End User Customer.
9.19.1 Owest reserves the right to determine if Owest wil undertake requested
construction. Some circumstances under which Owest wil reject a construction request include,
but are not limited to, if it is determined that the requested element wil jeopardize the reliability
of Owests existing network, endanger Owests employees or consumers, is not consistent with
the National Electrical Code (NEC), or does not meet Network Equipment Building Standards
(NEBS) requirements. If Owest agrees to construct a network element, the following wil apply.
9.19.2 CLEC may request that Owest construct new facilties 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
for requests for facilties that are not offered as UNEs. Owests CRUNEC applies to the
following Wholesale próducts and services:
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Section 9
Unbundled Netwrk Elements
· Enhanced Extended Loop (EEL)
· Unbundled Subloop
· Unbundled Dark Fiber (UDF)
· Unbundled Dedicated Interoffce 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 constructon. This construction estimate is based
on records only and is not binding on Qwest. Credit in the amount of the RQPF wil 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 wil pay should it agree to pursue construction.
Credit in the amount of the CQPF wil 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 wil retain the CQPF if CLEC chooses not to proceed with the
construction. At any point after remitting payment for construction, if CLEC decides to
begin but then to discontinue construction, Qwest wil refund the Construction payment,
excluding expenditures already incurred by Qwest for work completed (including work
Engineered, Furnished and/or Installed (EF&I)). Qwest wil 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.
9.19.3.5 Rates are included in Exhibit A to this Agreement.
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Section 9
Unbundled Network Elements
9.20 Intentionally Left Blank
9.21 Line Splitting
9.21.1 Description
Line Splitting provides CLEC/DLEC with the opportunity to offer advanced data service
simultaneously with voice service when CLEC obtains switching as a Network Element pursuant
to a separate written agreement. Line Splitting uses the frequency range above the voiceband
on a single Loop for the advanced data service. The advanced data service may be provided
by the Customer of record or another data service provider chosen by the Customer of record.
A Splitter must be inserted into the Loop to accommodate establishment of the advanced data
service. The Splitter separates the voice and data traffc and allows the copper Loop to be used
for simultaneous DLEC data transmission and CLEC provided voice service to the End User.
"CLEC" wil herein be referred to as the voice service provider while "DLEC" wil be referred to
as the advanced data service provider. CLEC and DLEC may be the same entity.
9.21.2 Terms and Conditions
9.21.2.1 General
9.21.2.1.1 The Customer of record (the voice service provider) will order the
insertion of a Splitter. Qwest is not responsible for providing the Splitter, fiter(s)
and/or other equipment necessary for the End User to receive separate voice
and data service across a single copper Loop.
9.21.2.1.2 To order Line Splitting, CLEC/DLEC must have a Splitter installed
in the Qwest Wire Center that serves the End User. The POTS Splitter must
meet the requirements for Central Offce equipment Collocation set by the FCC
or be compliant with ANSI T1.413.
9.21.2.1.3 CLECIDLEC may provide any xDSL services that are compatible
with CLEC's voice service in accordance with ANSI T1.413 or IEEE 820 or other
industry standards.
9.21.2.1.4 There may be only one DLEC at any given time that provides
advanced data service on any given Line Splitting arrangement.
9.21.2.1.5 The Customer of record will be able to request conditioning on the
Unbundled Loop portion of the Line Splitting arrangement. Qwest wil penorm
requested conditioning of shared Loops to remove load coils and excess Bridged
Taps. If CLEC requests conditioning and such conditioning significantly
degrades the voice services on the Loop to the point that it is unacceptable to
CLEC, CLEC shall pay the conditioning rate set forth in Exhibit A to recondition
the Loop.
9.21.2.1.6 Splitters may be installed in Qwest Wire Centers at the discretion
of CLEC/DLEC: via the standard Collocation arrangements set forth in the
Collocation Section; of this Agreement. Under either option, Splitters wil be
appropriately hard-wired or pre-wired so that Qwest is not required to inventory
more than two (2) points of termination. For Line Splitting, Qwest shall use the
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same number of Cross Connections and the same length of the tie pairs as it
uses for other split services under this Agreement.
9.21.2.1.7 Intentionally Left Blank
9.21.2.1.8 Splitter Collocation requirements are covered in the Shared Loop
Section of this Agreement.
9.21.3 Rate Elements
The following Line Splitting rate elements are contained in Exhibit A of this Agreement.
9.21.3.1 Recurnng Rates for Line Splitting.
9.21.3.1.1 Interconnection TIE Pairs (ITP). A monthly recurring charge to
recover the costs associated with the use of 2 ITPs, one for voice and one for
voice/data.
9.21.3.1.2 OSS Charge - A monthly recurnng charge to recover the cost of
the OSS modifications necessary to provide access to the high frequency portion
of the Loop. See Section 9.4.4 of Exhibit A.
9.21.3.2 Nonrecurring Rates for the Line Splitting
9.21.3.2.1 Basic Installation Charge for Line Splitting - A nonrecurring
charge for each Line Splitting arrangement installed wil apply.
9.21.3.2.2 Charge for conditioning Loop associated with Line Splitting - A
nonrecurring charge for either conditioning the Loop by removing load coils
and/or excess Bridged Taps; or reconditioning the line if necessary to assure the
qualiy of the voice service on the voice service.
9.21.3.3 Nonrecurring Rates for Maintenance and Repair
9.21.3.3.1 Trouble Isolation Charge - A nonrecurring charge for Trouble
isolation wil be applied in accordance with the Access to OSS- Maintenance and
Repair Section.
9.21.3.3.2 Additional Testing - The Customer of record may request Qwest
to perform additional testing, and Qwest may decide to perform the requested
testing on a case-by-case basis. A nonrecurring charge wil apply in accordance
with Exhibit A, Section 9.20.4.
9.21.3.4 Rates for Splitter Collocation are included in Section 8.1.20 of Exhibit A of
this Agreement.
9.21.3.5 Exhibit A identifies the rates that have been approved by the
Commission. The other rates are interim and wil 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 wil
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9.21.4
9.21.5
9.21.6
Section 9
Unbundled Network Elements
be changed to reflect the interim rates set by the Commission; however, no true up wil
be performed until mutually agreed to permanent rates are established or permanent
rates are established by the Commission.
Ordering Process
9.21.4.1 Line Splitting
9.21.4.1.1 As a part of the pre-order process, CLEC/DLEC may access Loop
characteristic information through the Loop Oualification and Raw Loop Data
Tools described in the Support Functions Section. The Customer of record wil
determine, in its sole discretion and at its risk, whether to add data services to
any specific Loop.
9.21.4.1.2 The Customer of record wil provide on the LSR, the appropriate
frame terminations that are dedicated to Splitters. Owest wil administer all cross
connects/jumpers on the COSMIC/MDF and IDF.
9.21.4.1.3 Basic Installation "lift and lay" procedure wil be used for all Line
Splitting orders. Under this approach, a Owest technician "Iifts".the Loop from its
current termination in a Owest Wire Center and "lays" it on a new termination
connecting to CLEC'sIDLEC's collocated equipment in the same Wire Center.
9.21.4.1.4 The Customer of record shall not place orders for Line Splitting
until all work necessary to provision Line Splitting in a given Owest Wire Center,
including, but not limited to, Splitter installation and tie cable reclassification or
augmentation has been completed.
9.21.4.1.5 If the voice service is disconnected on a Line Splitting
arrangement, the Line Splitting arrangement shall terminate. CLEC may arrange
to provide DSL service to the End User Customer through purchase of another
product.
9.21.4.1.6 The Customer of record (the voice service provider) shall submit
the appropriate LSR's .associated with establishing Line Splitting.
Billng
9.21.5.1 For Connectivity Billng, Recording, and Exchange of Information, see
Section 21.
9.21.5.2 Owest shall bill the Customer of record for all recurring and nonrecurring
Line Splitting rate elements.
Repair and Maintenance
9.21.6.1 Owest wil allow CLECIDLEC to access Line Splitting at the point where
the combined voice and data Loop is cross-connected to the Splitter.
9.21.6.2 The Customer of record will be responsible for reporting to Owest voice
service troubles provided over Line Splitting. Owest wil be responsible to repair troubles
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Unbundled Netwrk Elements
on the physical line between Network Interface Devices at the Customer premises and
the demarcation point in Owest Wire Centers. CLECIDLEC wil be responsible for
repairing data services provided on Line Splitting. Owest, CLEC and DLEC each wil be
responsible for maintaining its equipment. The entity that controls the Splitters wil be
responsible for their maintenance.
9.21.6.3 Intentionally Left Blank
9.21.6.4 When Splitters are installed in Owest Wire Centers via Common Area
Splitter Collocation, CLEC/DLEC wil order and install additional Splitter cards as
necessary to increase the capacity of the Splitters. CLECIDLEC wil leave one (1)
unused, spare Splitter card in every shelf to be used for repair and maintenance until
such time as the card must be used to fill the shelf to capacity.
9.21.6.5 When Splitters are installed in Owest Wire Centers via standard
Collocation arrangements, CLEC/DLEC may install test access equipment in its
Collocation areas in those Wire Centers for the purpose of testing Line Splitting. This
equipment must meet the requirements for Central Offce equipment set by the FCC.
9.21.6.6 Owest, CLEC and DLEC wil work together to address End User initiated
repair requests and to prevent adverse impacts to the End User.
9.21.7 Customer of Record and Authorized Agents
9.21.7.1 "Customer of record" is defined for purposes of this section as the CLEC
that is providing the voice service. Owest will bil the Customer of Record for Line
Splitting. The Customer of record may designate an authorized agent pursuant to the
terms of sections 9.21.7.2 and 9.21.7.3 to perform Ordering and/or Maintenance and
Repair functions.
9.21.7.2 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 wil allow the authorized
agent to access the records of the Customer of record. Such access wil be managed by
the Customer of Record.
9.21.7.3 The Customer of Record shall hold Owest harmless with regard to any
harm to Customer of Record 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 through the
Customer of Record, 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 wilful or negligent behavior of Owest.
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9.22 Intentionally Left Blank
9.23 Unbundled Network Element Combinations
9.23.1 General Terms
9.23.1.1 Qwest shall provide CLEC with non-discriminatory access to
combinations of Unbundled Network Elements, including but not limited to, Enhanced
Extended Loop (EEL), according to the following terms and conditions.
9.23.1.2 Qwest wil offer to CLEC UNE Combinations, on rates, terms and
conditions that are just, reasonable and non-discriminatory in accordance with the terms
and conditions of this Agreement and the requirements of Section 251 and Section 252
of the Act, the applicable FCC rules, and other Applicable Laws. The methods of access
to UNE Combinations described in this section are not exclusive. Qwest wil make
available any other form of access requested by CLEC that is consistent with the Act
and the regulations thereunder. CLEC shall be entitled access to all combinations
functionality as provided in FCC rules and other Applicable Laws. Qwest shall not
require CLEC to access any UNE Combinations in conjunction with any other service or
element unless specified in this Agreement or as required for Technical Feasibility
reasons. Qwest shall not place any use restrictions or other limiting conditions on UNE
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
Qwest is required to unbundle and/or provide in a UNE Combination, shall be
incorporated into this Agreement pursuant to Section 2.2. CLEC and Qwest
agree that the UNEs identified in Section 9 are not exclusive and that pursuant to
changes in FCC rules, or the Bona Fide Request process, CLEC may identify
and request that Qwest furnish additional or revised UNEs to the extent required
under Section 251(c)(3) of the Act. Failure to list a UNE herein shall not
constitute a waiver by CLEC to obtain a UNE subsequently defined by the FCC.
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 Qwest to perform the necessary functions
to provision such Commingling. CLEC will be required to provide the Connecting
Facilty Assignment (CFA) of CLEC's network demarcation (e.g., Collocation or
multiplexing faciliies) for each UNE, UNE Combination, or wholesale service
when requesting Qwest to perform the Commingling of such services. Qwest
shall not deny access to a UNE on the grounds that the UNE or UNE
Combination shares part of Qwests network with access services. All requests
for combinations and Commingling wil be subject to the terms and conditions in
Section 9.1. In addition to the UNE Combinations provided by Qwest to CLEC
hereunder, Qwest shall permit CLEC to combine any UNE provided by Qwest
with another UNE provided by Qwest or with compatible network components
provided by CLEC or provided by third parties to CLEC in order to provide
Telecommunications Services. Notwithstanding the foregoing, CLEC can
connect its UNE Combination to Qwests Directory Assistance and operator
services platforms.
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9.23.1.3 When ordered as combinations of UNEs, Network Elements that are
currently combined and ordered together wil 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 orderedin combination, Qwest will combine for CLEC UNEs that
are ordinarily combined in Qwests network, provided that facilities are available.
9.23.1.5 When ordered in combination, Qwest wil combine for CLEC UNEs that
are not ordinarily combined in Qwests 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 Qwests network; and
9.23.1.5.3 Would not impair Qwests use of its network.
9.23.1.6 When ordered in combination, Qwest wil combine CLEC UNEs with
Qwest UNEs, provided that facilties are available and such combination:
9.23.1.6.1 Is Technically Feasible;
9.23.1.6.2 Shall be performed in a manner that provides Qwest 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 Qwests network; and
9.23.1.6.4 Would not impair Qwests use of its network.
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. If CLEC desires access to a different UNE
Combination, CLEC may request access through the Special Request Process set forth in this
Agreement. Qwest wil provision UNE Combinations pursuant to the terms of this Agreement
without requiring an amendment to this Agreement, provided that all of the UNEs included in the
combination request, and their associated Biling rate elements are contained in this Agreement.
If Qwest develops additional UNE Combination products, CLEC can order such products
without using the Special Request Process, but CLEC may need to submit a New Customer
Questionnaire and execute an amendment before ordering such products.
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
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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 wil be provided in "substantially the same time and mannet' to that
which Qwest provides to itself. In those situations where Qwest does not provide access
to UNE Combinations itself, Qwest wil provide access in a manner that provides CLEC
with a meaningful opportunity to compete.
9.23.3.2
9.23.3.3
9.23.3.4
9.23.3.5
9.23.3.6
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
9.23.3.7 Enhanced Extended Loop (EEL) -- EEL is a combination of Loop and
dedicated interoffice transport and may also include multiplexing. EEL transport and
Loop facilities may utilize DSO through DS3 bandwidths. The terms and conditions of
Section 9.6 shall apply to the Unbundled Dedicated Interoffce 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 Eligibilty Criteria in Section 9.1.1.10 apply to
combinations of high capacity (DS1 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 utilze combinations of
Unbundled Network Elements that include OS 1 or DS3 Unbundled Loops and
DS1 or DS3 Unbundled Dedicated Interoffce Transport (UDIT) to create high
capacity EELs unless CLEC certifies to Qwest that the EELs meet the Service
Eligibilty 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.
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9.23.3.7.2.8 Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
9.23.3.7.2.9
9.23.3.7.2.10
9.23.3.7.2.11 CLEC may request the conversion of an existing
private line/special accss 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. Qwest will provide CLEC with conversions to EELs according to
the standard intervals set forth in Exhibit C. Work performed by Qwest to
provide Commingled EELs at CLEC's request or to provide services that
are not subject to standard provisioning intervals will not be subject to
performance measures and remedies, if any, contained in this Agreement
or elsewhere, by virtue of that service's inclusion in a requested
Commingled EEL service arrangement. Provisioning intervals applicable
to services included in a requested Commingled service arrangement will
not begin to run until CLEC provides a complete and accurate service
request, necessary CFAs to Qwest, and Qwest completes work required
to provide for the Commingling that is in addition to work required to
provision the service as a stand-alone facility or service.
9.23.3.7.2.11.1 Intentionally Left Blank.
9.23.3.7.2.12 EEL is a combination of Loop and dedicated
interoffce transport used for the purpose of connecting an End User
Customer to CLEC's Collocation. EEL can also be ordered as a new
installation of circuits for the purpose of CLEC providing services to End
User Customers.
9.23.3.7.2.12.1
9.23.3.7.2.12.2
Terms and Conditions
Intentionally Left Blank.
9.23.3.7.2.12.3 One (1) end of the interoffice facilty 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 EEL combinations consist of Loops and
interoffce transport of the same bandwidth (Point-to-Point EEL).
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 interoffce 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
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address: http://ww.qwest.com/carrier/guides/sig/index.htnll.
9.23.3.7.2.12.7 Intentionally Left Blank.
9.23.3.7.2.12.8 EEL is available only where existing
facilities are available.
9.23.3.7.2.12.9 Rearrangements may be requested for work
to be performed by Owest 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
9.23.3.8.2
Intentionally Left Blank.
CLEC wil submit EEL orders using the LSR process.
'-
9.23.3.8.3 Qwest wil 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 must be ordered on separate LSRs.
9.23.3.8.6 Out of Hours Project Coordinated Installations: CLEC may
request project coordinated installations outside of Owests 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 wil 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 wil 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
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Exhibit A provides recurring and nonrecurring rates for EEL and also provides
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. Recurnng and nonrecurring
charges apply.
9.23.3.9.2 EEL Transport. EEL Transport consists of the dedicated
interoffce facilities between Owest 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 nonrecurnng 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.
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 Nonrecurnng 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.
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9.23.3.10 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.
9.23.3.11 Intentionally Left Blank.
9.23.3.12 If CLECis 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 wil not be delayed due to the
applicabilty of TLA or minimum period charges. The applicabilty 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 wil 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.
9.23.3.14
9.23.3.15
Intentionally Left Blank.
Intentionally Left Blank.
9.23.3.16 In the event Qwest terminates the Provisioning of any UNE Combination
service to CLEC for any reason, CLEC shall be responsible for providing any and all
necessary notice to its End User Customers of the termination. In no case shall Qwest
be responsible for providing such notice to CLEC's End User 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 End
User Customers' service needs, including without limitation, sales, service design, order
taking, Provisioning, change orders, training, maintenance, trouble reports, repair, post-
sale servicing, Billng, collection and inquiry. CLEC shall inform its End User Customers
that they are End User Customers of CLEC. CLEC's End User Customers contacting
Qwest wil be instructed to contact CLEC, and Qwests End User Customers contacting
CLEC wil be instructed to contact Qwest. In responding to calls, neither Part shall
make disparaging remarks about each other. To the extent the correct provider can be
determined, misdirected calls received by either Part wil 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 End User Customers who call the other Part 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 Miscellaneous Charges.
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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, wil apply based upon the cost to
Owest of Provisioning the UNE Combination and providing access to the UNE
Combination.
9.23.4.1.3 Miscellaneous Charges wil apply based upon Owest 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,
Owest wil make a compliance filing to incorporate the adjusted rates into Exhibit A.
Upon the compliance filing by Owest, the Parties wil 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 Billng its End User Customers served over
UNE Combinations for surcharges required of CLEC by statute, regulation or otherwise
required.
9.23.4.4
9.23.4.5
Intentionally Left Blank.
Intentionally Left Blank.
9.23.4.6 Owest shall have a reasonable amount of time to implement system or
other changes necessary to bil CLEC for Commission-ordered rates or charges
associated with UNE Combinations.
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
9.23.5.1.2
Intentionally Left Blank.
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 Biling Account Number (BAN) through account
team representative.
9.23.5.1.5 Step 3: Allow two (2) to three (3) weeks from Owests receipt of
a completed questionnaire for accurate loading of UNE Combination rates to the
Owest Biling 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
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located at: http://ww.qwest.com/wholesale/solutions/clecFacilty/une_p_c.html.
9.23.5.2 Prior to placing an order on behalf of each End User Customer, CLEC
shall be responsible for obtaining and have in its possession a Proof of Authorization as
set forth in this Agreement.
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 wil use the
standard Provisioning interval for the equivalent retail service. CLEC and Qwest can
separately 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 wil 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.
9.23.5.5
9.23.5.6
Intentionally Left Blank.
Intentionally Left Blank.
9.23.5.7 For EELs, CLEC shall provide Qwest and Qwest 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 Biling
9.23.6.1 Qwest shall provide CLEC, on a monthly basis, within seven (7) to ten
(10) Days of the last day of the most recent Biling period, in an agreed upon standard
electronic Biling format, Billing information including (1) a summary bil, and (2)
individual End User Customer sub-ac;count information consistent with the samples
available for CLEC review.
9.23.7 Maintenance and Repair
9.23.7.1 Qwest wil maintain facilties and equipment that comprise the service
provided to CLEC as a UNE Combination. CLEe or its End User 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 End User
Customer, without the written consent of Qwest.
9.24 Loop Splitting
9.24.1 Description
Loop Splitting provides CLEC/DLEC with the opportunity to offer advanced data service
simultaneously with voice service over an existing Unbundled Loop by using the frequency
range above the voice band on the copper Loop. The advanced data service may be provided
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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 traffc and allows the
copper Loop to be used for simultaneous DLEC data transmission and CLEC provided voice
service to the End User Customer. "CLEC" wil herein be referred to as the voice service
provider while "DLEC" wil 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 Splitting be offered
over an existing Unbundled Loop, Owest acknowledges that there are ongoing industry
discussions regarding the Provisioning of Loop Splitting over a new Unbundled Loop. If
as a result of those discussions, a process is developed for Loop Splitting over a new
Loop, Owest will. amend its Agreement to eliminate the limitation of Loop Splitting to
existing Unbundled Loops.
9.24.2 Terms and Conditions
9.24.2.1 General
9.24.2.1.1 Owest is not responsible for providing the Splitter, fiter(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, CLECIDLEC must have a Splitter
installed in the Owest Wire Center that serves the End User Customer. The
Splitter must meet the requirements for Central Ofce equipment Collocation set
by the FCC or be compliant with ANSI T1.413.
9.24.2.1.3 There may only be one DLEC at any given time that provides
advanced data service on any given Unbundled Loop.
9.24.2.1.4 If Loop Splitting 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. Owest wil 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 Owest Wire Centers at the
discretion of CLEC/DLEC via the standard or Common Area Splitter Collocation
arrangements set forth in the Collocation Section of this Agreement. Under
either option, Splitters will be appropriately hard-wired or pre-wired so that points
of termination are kept to a minimum. For Loop Splitting, Qwest shall use the
same length of tie pairs as it uses for other split services provided under this
Agreement, except for the additional CLEC-to-CLEC connection, which is
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required for Loop Splitting.
9.24.3 Rate Elements
Recurring and nonrecurring charges for the following Loop Splitting rate elements are contained
in Exhibit A, and Exhibit A also provides Miscellaneous Charges.
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
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 wil 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 wil 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 wil
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 Splitting
9.24.4.1.1 As a part of the pre-order process, CLEC/OLEC may access
Loop characteristic information through the Loop Information Tool described in
the Access to ass Section. The Customer of Record wil 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 wil provide on the LSR, the
appropriate frame terminations that are dedicated to Splitters. Owest wil
administer all cross connects/jumpers on the CaSMIC/MOF and IOF.
9.24.4.1.3 Basic Installation "lift and lay" procedure wil be used for all Loop
Splitting orders. Under this approach, a Owest technician "lifts" the Loop from its
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current termination in a Qwest Wire Center and "lays" it on a new termination
connecting to CLEC'sIDLEC's collocated equipment in the same Wire Center.
9.24.4.1.4 The Customer of Record shall not place orders for Loop Splitting
until all work necessary to provision Loop Splitting in a given Qwest Wire Center,
including, but not limited to, Splitter installation and tie cable reclassification or
augmentation has been completed.
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.
9.24.5 Biling
9.24.5.1 Qwest shall provide a bil to the Customer of Record, on a monthly basis,
within seven (7) to ten (10) Days of the last day.of the most recent Biling period, in an
agreed upon standard electronic Billng format.
9.24.5.2 Qwest shall bil the Customer of Record for all recurring and nonrecurring
Loop Splitting rate elements.
9.24.6 Repair and Maintenance
9.24.6.1 Qwest wil allow CLECIDLEC to accss 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 wil be responsible for reporting to Qwest
service troubles provided over Loop Splitting. Qwest 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 Qwest Wire Centers. Qwest, CLEC
and DLEC each wil be responsible for maintaining its equipment. The entity that
controls the Splitters wil be responsible for their maintenance.
9.24.6.3 Qwest, CLEC and DLEC wil continue to develop repair and maintenance
procedures for Loop Splitting and agree to document final agreed to procedures in a
methods and procedures document that wil be made available on Qwests 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. Qwest wil bil the Customer of Record for Loop Splitting. 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
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provide its authorized agent the necessary access and security devices, including but
not limited to user identifications, digital certificates and SecurlD cards, that wil allow the
authorized agent to access the records of the Customer of Record. Such access wil 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 wilful or
negligent behavior of Owest.
9.25 Loop-Mux Combination (LMC)
As of the date of execution of this Agreement, CLEC does not intend to order Loop-Mux
Combination under this Section 9.25. In the event that CLEC wishes to order Loop-Mux
Combination hereunder, the Parties will amend this Agreement to include the provisions for
Loop-Mux Combination.
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Section 10.0 - ANCILLARY SERVICES
10.1 Interim Number Portabilty
10.1.1 Description
10.1.1.1 Interim Number Portbilty (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 Part porting traffc to the other Part shall be
referred to as the "INP Providet' and the Part receiving INP traffc 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 Requestots Switches. INP is available only for working
telephone numbers assigned to the INP Providets End User Customers who request to
transfer to the INP Requestots 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 Offce 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 traffc
between Qwests End Office Switch and CLEC's End Offce Switch. The traffc on these
trunks cannot overfow to other trunks. In addition, inter-Switch signaling for DID is
limited to multi-frequency (MF). This precludes passing the Callng Line 10 to CLEC's
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End Office Switch. With DID, because there is no SS7 capability, there are CLASS
feature limitations. For DID, the INP Provider wil 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 Offce Switch. The INP Provider wil 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 wil need to
specify the number of simultaneous calls to be forwarded for each telephone number
ported. DNRI Tandem Switch routing requires an additional thirt (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 wil provide INP service in a non-discriminatory manner
and with as little impairment of functioning, quality, reliabilty 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 wil no longer be available for ordering within that Wire Center.
10.1.2.6 Upon LNP implementation, the INP offerings wil be withdrawn subject to
advance notice to the other Part. Both Parties wil 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 Office Switch must return
answer and disconnect supervision to the INP Provider's End Offce 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
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with the E911 database provider.
10.1.2.9 Owest wil update its Line Information Database (LIDS) listings for ported
telephone numbers as directed by CLEC. Owest wil restrict or cancel callng 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 Requestots End User Customers located within the INP Providets Local Callng
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
traffc 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.
10.1.2.15 INP is not offered for NXX Codes 555, 976, 960, and coin telephones,
and Service Access Codes (Le., 500, 700, 8XX, 900). INP is not available for Feature
Group A seven-digit telephone numbers, including Foreign Exchange. Furthermore, INP
telephone numbers may not be used for mass callng events.
10.1.2.16 The ported telephone number wil 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 Offce 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 Part, the first Part shall cooperate
. with the second Part to have the entire NXX Code reassigned to an End Offce Switch
operated by the second Part 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 wil be
accomplished with appropriate coordination between the Parties and subject to
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appropriate industry 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 wil 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 facilties 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 TrunksllSDN)
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 Qwest 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 wil be
within a reasonable time, no later than 8 business days from receipt of complete and
accurate orders. The FOC for ICB orders wil reflect an ICB FOC date.
10.1.3.5 For purposes of this Section, Qwests 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.
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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 wil be proactively
managed by Qwest 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 Qwests normal business hours.
For planning purposes, CLEC shall provide Qwest with a forecast of out-of-hours
coordinated cuts at least two weeks prior to CLEC placing an order in a particular
state. Forecasts should include the anticipated Frame Due Times and volumes
to be ported out of hours.
10.1.3.7.2 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 Qwest and CLEC because of system downtime, Switch
upgrades, Switch maintenance, and the possibility of other CLECs requesting the
same FDT in the same Switch (Switch contention). Because of this up-front
coordination and FDT negotiation efforts, Firm Order Confirmation (FOC) of the
FDT wil require additional time. In the event that this situation would occur,
Qwest wil 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 Qwest 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).
10.1.3.7.4.2 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 wil 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
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by submitting a LSR and designating the requested FDT.
10.1.3.7.5.2 Out of hours coordinated cuts wil be managed by a
Owest project manager. Coordination of this effort requires an up-front
internal planning session. Any changes to the original FDT wil be
negotiated with CLEC and will occur prior to issuing an FOC.
10.1.3.7.5.3 CLEC wil incur additional charges for coordinated
out of hours cuts.
10.1.3.8 End User Customer Impacts
10.1.3.8.1 The INP Requestor is 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 Part 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 facilties (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 wil provide at least 48 hours notice to the INP Requestor of the
cancellation of INP service, and wil 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 wil submit to the INP Provider a disconnect
order for each ported telephone number that is relinquished by the INP
Requestor's End User Customers. Owest wil 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 End User Customers and will have the
responsibilty for resolution of any service trouble report(s) from its End User Customers.
End User Customers of CLEC wil be instructed to report all cases of trouble to their
Service Provider.
10.1.4.2 CLEC and Owest wil provide to their respective End User Customers the
correct telephone numbers to call for access to their respective repair bureaus. CLEC
and Qwest wil provide their repair contact telephone numbers to one another on a
reciprocal basis.
10.1.4.3 Owest wil work cooperatively with CLEC to resolve trouble reports when
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the trouble condition has been isolated and found to be within a portion of the Qwest
network. Qwest wil penorm standard tests to isolate and repair the trouble. For INP
trouble reports, Qwest wil not be responsible for testing the Unbundled Loop leased by
CLEC.
10.1.4.4 The trouble ticket wil be closed by the functional group that corrected the
trouble. This group wil also contact CLEC to inform them that the ticket has been
closed. Current trouble codes and analysis codes wil 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 assign~d to CLEC. Per
Commission Orders, a true-up wil 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 wil comply with the FCC rules
and Commission decisions on cost recovery for Interim Number Portability. Exhibit A of
this Agreement contains Interim Number Portbility 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 CLEe. Per Commission Orders, a true-up wil be completed
semi-annually. The true-up is a mechanism for readjusting the monthly charge
based on forecasted quantities, to accunt 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 wil 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 wil schedule the appropriate number of
employees prior to the cut, based upon information provided by CLEC. If
such information requires modifcation 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 wil 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 Accss rate elements are identified in Qwests
Switched Access Tariff.
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10.1.5.2.2 Qwest wil use ARM IS 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 wil be extracted from the Qwest 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. Qwest will pay the pass through amounts to CLEC
within one month. Disputes wil be processed as though this credited amount
were a biled amount under this Agreement.
10.2 Local Number Portabilty
As of the date of execution of this Agreement, CLEC does not intend to order Local Number
Portability under this Section 10.2. In the event that CLEC wishes to order Local Number
Portabilty hereunder, the Parties wil amend this Agreement to include the provisions 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 (ALlIDMS).
The ALI/OMS database contains End User Customer information (including name,
address, telephone number, and sometimes special information from the Current
Service Provider or End User Customer) used to determine to which Public Safety
Answering Point (PSAP) to route the calL. The ALI/OMS 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 Offce Switches that serve a geographic area. E911 provides
additional Selective Routing flexibilty for 911 calls. E911 uses End User Customer data,
contained in the ALI/OMS, to determine to which Public Safety Answering Point (PSAP)
to route the calL.
10.3.2 Terms and Conditions
10.3.2.1 Qwest wil 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 reliabilty 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
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the primary provider of the 911 system to the county, CLEC wil participate in the
provision of the 911 System as described in Section 10.3.
10.3.2.3
services.
Owest shall conform to all state regulations concerning emergency
10.3.2.4 Owest shall route E911 calls to the appropriate PSAP.
10.3.2.5 Each Part wil be responsible for those portions of the 911 system for
which it has total control, including any necessary maintenance to each Part's portion of
the 911 system.
10.3.2.6 Owest wil provide CLEC with the identification of the Owest 911
controllng offce 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 CLEC's End User Customer dials "0" instead of "911". It shall be the
responsibility of CLEC to verify or confirm the appropriate use of the contact information
provided by Owest with each PSAP prior to offering 911 calls or publication of such data.
10.3.2.8 If a third part is the primary service provider to a county, CLEC wil
negotiate separately with such third part with regard to the provision of 911 service to
the county. All relations between such third part and CLEC are separate from this
Agreement and Owest makes no representations on behalf of the third part.
10.3.2.9 If CLEC is the primary service provider to the county, CLEC and Owest
wil negotiate the specific provisions necessary for providing 911 service to the county
and wil include such provisions in an amendment to this Agreement.
10.3.2.10 CLEC wil 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 Part wil 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 biled to the appropriate PSAP.
10.3.2.140wests designated E911 database provider, an independent third part,
wil 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.
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10.3.3 E911 Database Updates
10.3.3.1 CLEC exchanges to be included in Qwests E911 Database wil be
indicated via written notice to the appropriate 911 authority (state agency or PSAP
administrator or county) and wil not require an amendment to this Agreement.
10.3.3.2 Qwests designated E911 database provider, an independent third part,
will be responsible for maintaining the E911 database. Qwest, or its designated
database provider, wil 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 wil be provided and charged on an
Individual Case Basis. The data wil be provided in computer readable format. Qwest
shall provide CLEC access to the Master Street Address Guide at a level of accuracy
and reliability that is equivalent to the access Qwest provides to itself.
10.3.4 E911 Database Updates for Facilties-Based CLECs
10.3.4.1 Qwest wil ensure that the 911 database entries' for CLEC wil be
maintained with the same accuracy and reliabilty that Qwest maintains for Qwests own
End User Customers.
10.3.4.2 For Selective Routing table updates, facilities-based CLECs wil 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 facilties-based, CLEC wil 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 wil furnish CLEG any
variations to NENA recommendations required for ALI database input.
10.3.4.4 If it is facilities-based, CLEC wil 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 facilties-based, CLEC wil 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
wil compare CLEC's (Le., recipient company as defined in the NENA standard) failed
migrate records to the Regional Number Portability Administration Center's (NPAC)
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database once each business day to determine if the migrate record (Le., 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 wil send reports
regarding CLEC's failed migrate records (Le., 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.
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 reliabilty 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 ALI/OMS 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 wil 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 wil be jointly researched by Qwest and CLEC.
Corrective action wil be taken immediately by the responsible Part.
10.3.6.3 Each Part providing updates to the E911 database wil be responsible
for the accuracy of its End User Customer records. Each Party providing updates
specifically agrees to indemnify and hold harmless the other Part 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 wil provide non-discriminatory error correction for
records submitted to the Automatic Location Identification (ALI) database. For resold
accounts, if vendor detects errors, it wil attempt to correct them. If vendor is unable to
correct the error, vendor wil contact Qwest for error resolution. For errors referred to
Qwest, Qwest wil 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 facilties-based CLECs, the vendor wil 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-
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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 (Le., 911
Tandem Offce) 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 facilties are available. When Qwest facilities are available,
Qwest wil 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
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 wil 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 ITDDs).
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 wil be responsible for the isolation, coordination, and
restoration of all 911 network maintenance problems to CLEC's demarcation.
Qwest wil 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 wil 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 wil refer network trouble to CLEC if no defect is found in Qwests
network. The Parties agree that 911 network problem resolution wil 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 wil cooperate in the routing of 9'11 traffc 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 Offce
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
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the same 911 trunks used for Qwests retail End User Customers which extend from the
Qwest End Offce 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/OMS database. When CLEC's telephone number is
ported in, Qwest shall be responsible to update the ALI/OMS database.
10.3.8.2 When Remote Call Forwarding (RCF) is used to provide number
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 Qwest placing the names, addresses and
telephone numbers of CLEC's End User Customers in Qwest's Listings database, based on End
User Customer information provided to Qwest by CLEC. Qwest is authorized to use CLEC End
User Customer Listings as noted below.
10.4.2 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 Qwests applicable product Tariffs, catalogs, price lists, or
other retail Telecommunications Services offerings. To the extent, however, that a
conflct 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 Qwest's switching
services to provide local Exchange Service wil provide, and facilities-based CLEC using
its own or a third part's Switch(es) may provide, to Qwest, in standard format, by
mechanized or by manual transmission to Qwest, its primary, premium and privacy
Listings.
10.4.2.1.1 Qwest wil accept one (1) primary Listing for each main telephone
number belonging to CLEC's resale and facilties-based End User Customers at
no monthly recurring charge.
10.4.2.1.2 CLEC wil be charged for its resale premium Listings (e.g.,
additional, foreign, cross-reference) and privacy Listings (Le., nonlisted and
nonpublished) at Qwests General Exchange Listing Tariff rates, less the
wholesale discount, if any, as described in Exhibit A. CLEC wil be charged for
its facilties-based premium Listings (e.g., additional, foreign, cross-reference)
and privacy Listings (Le., nonlisted and nonpublished) at market-based prices
contained in Exhibit A. Primary Listings and other types of Listings are defined in
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the Qwest 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." Qwest will furnish CLEC Listings format specifications. Directory publishing
schedules and deadlines for Qwests offcial directory publisher wil be provided to
CLEC.
10.4.2.4 If CLEC provides its End User Customer's Listings to Qwest, CLEC
grants Qwest 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 Qwest by CLEC and marked as nonpublished or
nonlisted Listings shall not be used for marketing purposes subject to the terms and
conditions of this Agreement. Qwest wil incorporate CLEC End User Customer Listings
in the Directory Assistance Database. Qwest wil incorporate CLEC's End User
Customer Listings information in all existing and future Directory Assistance applications
developed by Qwest. Should Qwest 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 wil be treated the same as Qwests
End User Customer Listings. Prior written authorization from CLEC, which authorization
may be withheld, shall be required for Qwest 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
Qwest 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. Qwest will not
chargeCLEC for updating and maintaining Qwests Listings databases. CLEC wil not
receive compensation from Qwest for any sale of Listings by Qwest as provided for
under this Agreement.
10.4.2.6 To the extent that state Tariff(s) limit Qwests 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 Qwest is responsible for maintaining Listings, including entering,
changing, correcting, rearranging and removing Listings in accordance with CLEC
orders.
10.4.2.8 Qwest provides non-discnminatory appearance and integration of white
pages directory Listings for all CLEC's and Qwests End User Customers. All requests
for white pages directory listings, whether for CLEC or Qwest End User Customers,
follow the same processes for entry into the Listings database.
10.4.2.9 Qwest wil take reasonable steps in accordance with industry practices to
accommodate CLEC's nonpublished and nonlisted Listings provided that CLEC has
supplied Qwest the necessary privacy indicators on such Listings.
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10.4.2.10 CLEC's white pages directory listings wil be in the same font and size as
Listings for Owest End User Customers, and wil not be separately classified.
10.4.2.11 Owest processes for publication of white pages Directory Listings wil
make no distinction between CLEC's and Owests subscribers. CLEC's Listings wil be
provided with the same accuracy and reliability as Owests End User Customer Listings.
Owest wil 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.
10.4.2.12 For CLEC's End User Customers whose Listings CLEC provides to
Owest for submission to its offcial directory publisher, Owest shall ensure its third part
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 part Listings information is
provided AS is, WITH ALL FAULTS. CLEC further represents that it shall review all
Listings information provided to Owest, including End User Customer requested
restrictions on use, such as nonpublished and nonlisted 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 wil 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 wil 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.
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10.4.2.20 Qwest will provide CLEC a reasonable opportunity to verify the accuracy
of its Listings to be included in the white pages directory and in Qwests 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:
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., a~ditions, 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 wil 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 wil 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 wil 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 part 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 nonlisted 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 Affliate or contractor shall require such Affliate or
contractor to include in the customer guide pages of the white pages directory, a notice
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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 Affliate or contractor for the
publication of white pages directory Listings shall require such Affliate 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.
10.4.2.27 If CLEC submits its End User Customer Listings to Qwest through a
service bureau or other type of third part (agent), CLEC and the agent shall execute a
Letter of Authorization (LOA), in a form acceptable to Qwest, 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 Qwest
on its behalf and to work with Qwest in resolving any issues surrounding its
Listing submissions; and
10.4.2.27.2 That the agent wil comply with all terms and conditions of this
Agreement in submitting CLEC's End User Customers' Listings to Qwest.
10.4.2.27.3 CLEC's use of an agent in submitting its End User Customers' Listings to
Qwest 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 Qwest 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 Qwest white pages
directories according to the directions in the Qwest Listings User Documents for Facility-
Based and Reseller CLECs, which is available on-line through the PCA T
(http://ww.qwest.com/wholesale/pcatl) or wil be provided in hard copy to CLEC upon
request. Initial information and directions are available in the PCAT.
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.
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10.5 Directory Assistance Service
10.5.1 Description
10.5.1.1 Directory Assistance Service is a voice service that Qwest provides to its
own End User Customers, reseller and/or facilties-based CLEC, and to other
Telecommunications Carriers. Directory Assistance Service provided to CLEC includes
non-discriminatory access to Qwests Directory Assistan~e centers, services, and
Directory Assistance Databases. Directory Assistance Service provides voice callers
published and non listed listing information, which is comprised of name and telephone
number, and address if available, as contained in Qwests then-current Directory
Assistance Database and in the national Directory Assistance Database that is accessed
by Qwest. Directory Assistance Service is available with CLEC-specific branding,
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 nonlisted 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 wil record CLEC's specific brand message.
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10.5.1.1.1.4 Call completion service allows CLEC's End User
Customers' 10cai/intraLATA calls to be completed, where available.
10.5.1.1.2
10.5.1.1.3
Intentionally Left Blank.
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 Owests applicable product Tariffs, catalogs, price lists, or other retail
Telecommunications Services offerings. To the extent, however, that a conflct 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
controllng. Directory Assistance Service is available to facilities-based CLEC as
described in this Section unless otherwise noted. If facilties-based CLEC chooses to
access Owests 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 facilties-based provider at the market-based prices contained in
Exhibit A.
10.5.2.1 Intentionally Left Blank.
10.5.2.2 Owests Directory Assistance Database contains only those published
and non-listed telephone number Listings obtained by Owest from its own End User
Customers and other Telecommunications Carrers.
10.5.2.3 Owest wil provide access to Directory Assistance Service for facilities-
based CLEC using its own or a third part's Switch(es) via dedicated multi-frequency
(MF) operator service trunks. CLEC may purchase operator service trunks from Owest
or provide them itself. These operator service trunks wil be connected directly to a
Owest Directory Assistance host or remote Switch. CLEC wil be required to order or
provide at least one (1) operator services trunk for each NPA served.
10.5.2.4 Owest wil perform Directory Assistance Services for CLEC in accordance
with operating methods, practices, and standards in effect for all Owest End User
Customers. Owest wil provide the same priority of handling for CLEC's End User
Customer calls to Owests Directory Assistance Service as it provides for its own End
User Customer calls. Calls to Owests Directory Assistance Service are handled on a
first come, first served basis, without regard to whether calls are originated by CLEC or
Owest End User Customers.
10.5.2.5 CLEC-specific Call Branding for Directory Assistance requires recording
CLEC's name.
10.5.2.6
10.5.2.7
Intentionally Left Blank.
Intentionally Left Blank.
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10.5.2.8 Reseller CLEC's End User Customers wil use the same dialing pattern to
access Directory Assistance Service as used by Owests End User Customers (Le., 411,
555-1212, or NPA+555-1212).
10.5.2.9 Facilties-based CLEC using its own or a third part's Switch(es) may
choose to have its End User Customers dial a unique number or use the same dialing
pattern as Owest End User Customers use to access Owest Directory Assistance
Service.
10.5.2.10 Owest wil timely enter into its directory assistance database updates of
CLEC's Listings that CLEC provides to Owest as described in Section 10.4. Owest wil
incorporate CLEC End User Customer Listings in the Directory Assistance Database.
Owest wil incorporate CLEC's End User Customer Listings information in all existing
and future Directory Assistance applications developed by Owest. Owest will implement
quality assurance procedures such as random testing for listing accuracy. Owest wil
identify itself to End User Customers callng 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 Owest, CLEC may request a comprehensive audit of Owests 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 Part'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 Owests use of CLEC's Listings in Owests 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 Owest shall use CLEC's Listings supplied to Owest by CLEC under the
terms of this Agreement for purposes of providing Directory Assistance Service and for
other lawful purposes, except that CLEC's Listings supplied to Owest by CLEC and
marked as nonpublished 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 Owest retail price
less the wholesale discount contained in Exhibit A, if any. Directory Assistance Service is
provided to CLEC as a facilties-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 Intentionally Left Blank
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10.5.3.3 A per-call rate is applicable for call completion service.
10.5.4 Ordering Process
CLEC wil order Directory Assistance Service by completing the questionnaire entitled "Qwest
Operator Services/Directory Assistance Questionnaire for Competitive Local Exchange
Carriers." This questionnaire may be obtained from CLEC's Qwest account manager.
10.5.5 Biling
10.5.5.1 Qwest wil track and bil CLEC for the number of calls placed to Qwests
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. Qwest
wil 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 wil 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 Qwest and other LECs
that are contained in Qwests Directory Assistance Database and, where available,
related elements required in the provision of Directory Assistance Service to CLEC's End
User Customers. No prior authorization from CLEC shall be required for Qwest to sell,
make available, or release CLEC's End User Customer Directory Assistance Listings to
Directory Assistance providers. In the case of End User Customers who have non-
published Listings, Qwest shall provide the End User Customer's local Numbering Plan
Area (NPA), address, and an indicator to identify the non-published status of the Listing;
however, Qwest wil not provide the non-published telephone number in DAL
information. DAL information includes privacy and use restriction indicators as
requested by Qwests 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 Qwest wil provide DAL information via initial loads and daily updates by
means of Network Data Mover (NDM) or as otherwise mutually agreed upon by the
Parties. Qwest will provide all changes, additions or deletions to the DAL information
overnight on a daily basis. The Parties wil use a mutually agreed upon format for the
data loads.
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10.6.1.3 DALinformation shall specify whether the Qwest End User Customer is a
residential, business, or government subscriber, and the Listings of other Carriers wil
specify such information where it has been provided on the Carriets Listing order.
10.6.1.4 In the event CLEC requires a reload of DAL information from Qwests
database in order to validate, synchronize or reconcile its database, a reload wil be
made available according to the rate specified in Exhibit A.
10.6.1.5 Qwest and CLEC wil cooperate in the designation of a location to whiGh
the data wil 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 CLEC 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.
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10.6.2.1.3.1 Restriction indicators on DAL information include:
· Privacy indicators, including nonpublished and nonlisted
indicators;
. No solicitation indicators;
· Omit from address directories indicators; and
· Omit from telemarketing, direct mail, and e-mail lists indicators.
10.6.2.1.3.2 Nonlisted Listings and nonpublished 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 nonpublished
subscriber name and address, while supplied to CLEC in DAL
information, shall not be provided to any person other than the operator
responding to the End User Customer Directory Assistance Services
query.
10.6.2.2 If CLEC purchases use of DAL information under this Agreement, CLEC
wil obtain and timely enter into its Directory Assistance Database daily updates of the
DAL information, wil implement quality assurance procedures such as random testing
for Directory Assistance Listing accuracy, and wil 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 Qwest 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 Qwests End User Customers to a third party callng its
Directory Assistance for such information, the fact that such End User Customer
subscribes to Qwests Telecommunications Services is Confidential and Proprietary
Information and shall not be disclosed to any third part.
10.6.2.5 Each Part shall take commercially reasonable and prudent measures to
prevent unlawful use of Qwests 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
Qwests 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
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abide by all privacy indicators in any directories published in any format or
medium; 3) Owest as third part beneficiary; and 4) the following language:
Publisher shall not sublicense, copy, or allow any third part, with the
exception of End User Customers and corporate affliates 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 Part shall take
commercially reasonable and prudent measures to prevent disclosure
and unauthorized use of the DAL information at least equal to the
measures it takes to protect its own confidential and proprietary
information, including but not limited to implementing adequate computer
security measures to prevent unauthorized access to the DAL information
when contained in any database.
10.6.2.5.0.1 Owest shall have the right to review CLEC's form
sublicense agreement and CLEC shall not make changes to that form
which wil materially affect Owests rights under this Agreement.
10.6.2.5.1 Unauthorized use of Owests DAL information, or any disclosure
to a third part 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.
10.6.2.6 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 informatipn
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
Part (the Requesting Party) may perform up to two (2) Audits per twelve (12)
month period commencing with the Effective Date of this Agreement. Owest
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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 wil be subject to Audit.
10.6.2.9 CLEC recognizes that certain Carriers who have provided DAL
information that is included in Qwests database may be third part beneficiaries of this
Agreement for purposes of enforcing any terms and conditions of the Agreement other
than payment terms with respect to their DAL information.
10.6.2.9.1 CLEC indemnifies Qwest for any and all loss, debt, liability,
damage, obligation, claim, demand, judgment, or settlement of any nature or
kind, known or unknown, liquidated or unliquidated including, but not limited to,
reasonable costs and expenses (including attorneys' fees) raised by these
Carriers, whether formal or informal and wil handle all communications with
these Carriers regarding this matter.
10.6.2.10 Qwest wil 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 Qwests Directory
Assistance Database. Such process and procedure wil be available to CLEC for
CLEC's use when CLEC provides its own Directory Assistance Service and purchases
Qwests 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 Qwest 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 Qwest 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 files for
Qwests 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
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information load or update files by Qwest 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.
10.7 Toll and Assistance Operator Services
10.7.1 Description
10.7.1.1 Toll and assistance operator services (operator services) are a family of
offerings that assist CLEe'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 part'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 IntraLATA Assistance. Assists CLEC End User
Customers requesting help or information on making and receiving EAS/local
and IntraLATA toll calls, connects CLEC End User Customers to Qwests
Directory Assistance Service, and provides other information and guidance,
including referral to the business offce 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 (BLV) 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 wil not complete the call for the callng party
initiating the BLV inquiry. Only one BLV attempt wil be made per cali, 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 wil interrupt the busy line and inform the called party that
there is a call waiting. The operator wil not connect the callng and called
parties. The operator wil 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.
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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 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 cali.
10.7.1.1.7.2 Back End CLEC-specific Call Branding -- Announces
CLEC's name to CLEC's End User Customer anhe 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 controllng. 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 bil reseller CLEC for IntraLATA Toll services at the Qwest retail rate
less the wholesale discount contained in Exhibit A, if any, and wil bill facilties-
based CLEC at the rates contained or referenced in Exhibit A, and Qwest wil not
directly bil 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 interoffce network for
IntraLATA Toll services wil be provided over Qwests IntraLATA Toll network.
Routing tables resident in Qwests Switch(es) wil direct CLEC's traffc 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 wil
establish its own biling relationship with such End User Customers, and Qwest
wil 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 facilties-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
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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), CLEC must provide an operator service
trunk between CLEC's End Offce Switch and the Interconnection point on the Qwest
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 Part's operator bureau shall accept BLV and BLI inquiries from the
operator bureau of the other Party in order to allow transparent provision of BL V/BLI
traffc between the Parties' networks.
10.7.2.6 Facilities-based CLEC using its own or a third part's Switch(es) wil
provide separate no-test trunks (not the 10calIIntraLATA trunks) to the Qwest BLV/BLI
hub or to the Qwest operator services Switches.
10.7.2.7 Qwest wil perform operator services in accordance with operating
methods, practices, and standards in effect for all its End User Customers, including
making and receiving EASllocal and IntraLATA Toll calls. Qwest wil respond to CLEC's
End User Customer calls to Qwests operator services according to the same priority
scheme as it responds to Qwests End User Customer calls. Calls to Qwests operator
services are handled on a first come, first served basis, without regard to whether calls
are originated by CLEC or Qwest End User Customers.
10.7.2.8 Qwest wil provide operator services to CLEC where Technically Feasible
and facilities are available. Qwest 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, Qwest wil provide notice to CLEC on a timely basis
consistent with Commission rules and notice requirements.
10.7.2.9 Qwest shall maintain adequate equipment and personnel to reasonably
perform the operator services. Facilities-based CLEC using its own or a third part's
Switch(es) shall provide and maintain the facilities necessary to connect its End User
Customers to the locations where Qwest provides the operator services and to provide
all information and data needed or reasonably requested by Qwest 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
setting up CLEC's brand message and loading the brand message into Qwests
Switch(es). Qwest wil record CLEC's brand message.
10.7.2.12 Intentionally Left Blank.
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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 part'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.
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 facilties-
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/iocal calls and IntraLATA toll
calls made, or received and accepted, by CLEC's End User Customer.
10.7.3.1.2 Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
10.7.3.1.3
10.7.3.1.4
10.7.3.1.5
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 cali" 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 wil 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
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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.
10.7.4 Ordering Process
CLEC wil 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 wil track usage and bil CLEC for the calls made and received by
CLEC's End User Customers and facilities.
10.7.5.2 Qwest wil 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 Billng statement, Qwest may
render a reasonably estimated bil, but shall notify CLEC of such estimate and cooperate
in good faith with CLEC to establish a fair, equitable estimate. Qwest shall render a bil
reflecting actual bilable quantities when and if the information necessary for the Billng
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 bil its
own End User Customers. Without limiting the generality of the foregoing, Qwest shall
provide CLEC with Daily Usage Feed (DUF) biling information.
10.7.5.5 Qwest wil provide DUF records for all usage bilable to CLEC's lines,
including Busy Line Verify (BLV), Busy Line Interrupt (BLI), and Qwest-ILEC-provided
intraLATA tolL. These records wil 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 bil 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
As of the date of execution of this Agreement, CLEC does not intend to access PDR under this
Agreement. If during the Term of this Agreement CLEC seeks to access PDR, the Parties shall
negotiate in good faith the terms and conditions for PDR, in accordance with Applicable Law.
Any issues that the Parties cannot resolve through negotiations may -be brought before the
Commission for resolution pursuant to Section 252.
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Section 11
Network Security
Section 11.0 - NETWORK SECURITY
11.1 Protection of Service and Propert. Each Part shall exercise the same degree
of care to prevent harm or damage to the other Party and any third parties, its employees,
agents or End User Customers, or their propert as it employs to protect its own personnel, End
User Customers and propert, etc.
11.2 Each Part is responsible to provide security and privacy of communications.
This entails protecting the confidential nature of Telecommunications transmissions between
End User Customers during technician work operations and at all times. Specifically, no
employee, agent or representative shall monitor any circuits except as required to repair or
provide service of any End User Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or who participated in such
communications or even that such communication has taken place. Violation of such security
may entail state and federal criminal penalties, as well as civil penalties. CLEC is responsible
. for covering its employees on such security requirements and penalties.
11.3 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 responsibilty for security and network protection for
each Collocation arrangement. Each Part'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 Part 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 responsibilty of the employing Part. Proper use of tools, ladders,
and test gear is the training responsibility of the employing Party.
11.6 In the event that one Part's employees, agents or representatives inadvertently
damage or impair the equipment of the other Part, prompt notification wil be given to the
damaged Part by verbal notification between the Parties' technicians at the site or by
telephone to each Part'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.
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11.9 Qwest wil 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 metallc keys or combination electronic ID/key cards. It is
solely the responsibility of CLEe to ensure keys are not shared with unauthorized personnel
and recover keys and electronic ID/keys promptly from discharged personnel, such that offce
security is always maintained. Qwest has similar responsibilty 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 qualiy 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 wil 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.
11.17 CLEC wil report to Qwest all propert 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.
Qwest and CLEC employees, agents and vendors wil secure and lock all doors
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 rollng 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)
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identification of the safety regulation violated, and 3) date and location of such violation. CLEC
wil have five (5) Days to remedy any such violation for which it has received notice from Qwest.
In the event that CLEC fails. to remedy any such violation of which it has received notice within
such five (5) Days following receipt of such notice, CLEC shall be denied unescorted access to
the affected Premises. In the event CLEC disputes any action Qwest seeks to take or has
taken pursuant to this provision, CLEC may pursue immediate resolution by expedited Dispute
Resolution.
11.20 No flammable or explosive fluids or materials are to be kept ot 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
propert 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
facilty until the situation is remedied. CLEC employees may report any work activity that in their
reasonable judgment is a jeopardy to personal safety or poses a potential for damage to the
building, CLEC equipment or CLEC services within the facility, to Qwest Service Assurance
(800-713-3666) and the reported work activity wil 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 Part's employees, interference with the performance of the other Part's service
obligations, or pose an immediate threat to the physical integrity of the other Part's facilities,
the compliant Party may perform such work and/or take action as is necessary to correct the
condition at the non-compliant Part's expense. In the event the non-compliant Party disputes
any action the compliant Part seeks to take or has taken pursuant to this provision, the non-
compliant Part 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 Part 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
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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 wil 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 wil submit a Qwest Collocation Access Application form for individuals
needing to access Qwest facilities. CLEC and Qwest wil meet to review applications and
security requirements.
11.28 CLEC employees, agents and vendors wil utilize only corridors, stairways and
elevators that provide direct access to CLEC's space or the nearest restroom facility. Such
access wil be covered in orientation meetings. Access shall not be permitted to any other
portions of the building.
11.29 CLEC wil 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 wil immediately notify Qwest at 800-210-8169.
11.30 CLEC wil 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 wil 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 wil 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 wil 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 wil be
provided to Qwest Security, who wil 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 cocor 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
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prevention, detection and control functionality within pertinent Operations Support Systems
which include but are not limited to LIDS Fraud monitoring systems.
11.34.1 Uncollectable or unbilable 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 unbilable revenues resulting from the accidental or
malicious alteration of softare 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 softare.
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 c1ip-
on fraud, if Qwest could have reasonably prevented such fraud.
11.34.4 To the extent that incremental costs are directly attributable to a revenue
protection capability requested by CLEC, those costs will be borne by CLEC.
11.34.5 To the extent that either Part is liable to any toll provider for fraud and to
the extent that either Part 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 GLEC's
accounts, Qwest wil promptly inform CLEC and, at the direction of CLEC, take
reasonable action to mitigate the fraud where such action is possible.
11.35 Law Enforcement Interface. Qwest provides emergency assistance to 911
centers and law enforcement agencies seven (7) Days a week/twenty-four (24) hours a Day.
Assistance includes, but is not limited to, release of 911 trace and subscriber information; in-
progress trace requests; establishing emergency trace equipment, release of information from
an emergency trap/trace or *57 trace; requests for emergency subscriber information;
assistance to law enforcement agencies in hostage/barricade situations, kidnappings, bomb
threats, extortion/scams, runaways and life threats.
11.36 Qwest provides trap/trace, pen register and Title ILL 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 wil be biled directly to the law enforcement agency,
without involvement of GLEC, 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 wil perform
trap/trace Title III and pen register assistance directly with lawenforcement. CLEG wil 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
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wil 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 wil provide Qwest with a twenty-four (24)
hours a Day, seven (7) Days a week contact for processing such requests, should they occur.
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Section 12
Accs 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 Biling. 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 Usets Guide." Qwest wil 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 Billng 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
effcient 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 suffcient 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 suffcient electronic and manual interfaces to allow CLEC
equivalent access to all of the necessary OSS functions. Through its web site, training,
disclosure documentation and development assistance, Qwest shall disclose to CLEC any
internal business rules and other formatting information necessary to ensure that CLEC'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 wil 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 wil establish interface contingency plans and disaster recovery plans for
the interfaces described in this Section. Qwest wil 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 wil 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 wil provide access to ordering
and status functions. CLEC wil populate the service request to identify what
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features, services, or elements it wishes Owest to provision in accordance with
Owests published business rules.
12.2.0.1.2 Owest wil provide all Provisioning services to CLEC during the
same business hours that Owest provisions services for its End User Customers.
Owest wil provide out-of-hours Provisioning services to CLEC on a non-
discriminatory basis, as it provides such Provisioning services to itself, its End
User Customers, its Affiliates or any other Part. Owest 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, Owest wil provide CLEC with
a manual Firm Order Confirmation (FOC) notice. The confirmation notice wil
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 Owest provides installation on behalf of CLEC, Owest wil
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 Owest shall provide electronic interface gateways for submission
of LSRs, including both an application-to-application interface and a Graphical
Userlnterface (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 Owest and is browser based. The GUI interface shall
be based on the LSOG and utilizes a WEB standard technology, Hyper Text
Markup Language (HTML), JAVA and the Transmission Control Protocol/Internet
Protocol (TCPIIP) to transmit messages.
12.2.1.1.4 Functions Pre-ordering - Owest will provide real time, electronic
access to pre-order functions to support CLEC's ordering via the electronic
interfaces described herein. Owest wil 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;
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12.2.1.1.4.2 Access to Customer Service Records (CSRs) for Qwest
retail or resale End User Customers. The information wil include Billng
name, service address, Billng 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 Facilty availabilty, 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 penormed using IMA Loop Qualification TooL.
12.2.1.1.5 When CLEC places an electronic order, Qwest wil 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
Biling system.
12.2.1.1.6 When CLEC places an electronic order, Qwest wil 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.
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12.2.1.1.7 When CLEC places a manual order, Owest provide notification
of any instances when 1) Owests committed Due Date is in jeopardy of not being
met by Owest on any service, or 2) an order is rejected. The standards for
returning such notices are set forth in Section 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 Owest more than fifty (50)
SecurlDs for use byCLEC 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 Owest, then CLEC shall be
able to use SecurlDs until such time as,Owest provisions the T1 line and
the line permits pre-order and order information to be exchanged between
Owest and CLEC.
12.2.1.1.9 Application-to-application Facilities-based Listing Process.
Owest shall provide an application-to-application facilities-based listing interfa~e
to enable CLEC's listing data to be translated and passed into the Owest listing
database. This interface is based upon OBF LSOG and the appropriate
electronic transmission standards. Owest shall supply exceptions to these
guidelines/standards in writing in suffcient time for CLEC to adjust system
requirements.
12.2.1.2 Access Service Request (ASR)
12.2.1.2.1 Owest 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). Owest
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. Owest wil provide real time, electronic
access to pre-order functions to support CLEC's ordering via the electronic
interfaces described in this Section. Owest wil make the following real time pre-
order functions available to CLEC:
12.2.1.2.2.1
12.2.1.2.2.2
12.2.1.2.2.3
12.2.1.2.2.4
Service Address validation;
CFA validation;
NC-NCI validation;
BAN validation; and
12.2.1.2.2.5
12.2.1.2.3
CLLI validation.
When CLEC places an electronic or manual order,
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Accss to Operational Support Systems (OSS)
Qwest wil provide notification 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.
12.2.1.2.4 When CLEC places an electronic order, Qwest wil provide
CLEC with an electronic Firm Order Confirmation notice (FOC). The FOC wil
follow industry-standard formats and contain the Qwest Due Date for order
completion.
12.2.2 Maintenance and Repair
12.2.2.1 Qwest shall provide electronic intenace gateways, including an Electronic
Bonding intenace and a GUI intenace, for reviewing an End User Customer's trouble
history at a specific location, conducting testing of an End User Customets service
where applicable, and reporting trouble to faciltate the exchange of updated information
and progress reports between Qwest and CLEC while the Trouble Report (TR) is open
and a Qwest technician is working on the resolution. CLEC may also report trouble
through manual processes. For designed services, the TR wil not be closed prior to
verification by CLEC that trouble is cleared.
12.2.3 Intenace Availability
12.2.3.1 Qwest shall make its OSS intenaces available to CLEC during the hours
listed in the Gateway Availability PIDs in Section 20.
12.2.3.2 Qwest shall notify CLEC in a timely manner regarding system downtime
through mass email distribution and pop-up windows as applicable.
12.2.4 Biling
12.2.4.1 For products biled out of the Qwest Interexchange Access Billng System
(lABS), Qwest wil utilize the existing CABS/BOS format and technology for the
transmission of bils.
12.2.4.2 For products biled out of the Qwest Customer Record Information
System (CRIS), Qwest will utilze the existing EDI standard for the transmission of
monthly local Biling information. EDI is an established standard under the auspices of
the ANSI/ASC X12 Committee. A proper subset of this specification has been adopted
by the Telecommunications Industry Forum (TCIF) as the "811 Guidelines" specifically
for the purposes of Telecommunications Biling. 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 bils, fies, and reports. Bills wil
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:
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Usage Record File Line Usage Information
Loss and Completion Order Information
Category 11 Facility Based Line Usage Information
SAG/FAM Street Address/Facilty Availability Information
12.2.5.1 Bils
12.2.5.1.1 CRIS Summary Bil - The CRIS Summary Bil represents a
monthly summary of charges for most wholesale products sold by Owest. 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
Biling detail and contain monthly, one-time charges and incremental/call detail
information. The Summary Bil provides one bil and one payment document for
CLEC. These bils are segmented by state and bil cycle. The number of bills
received by CLEC is dictated by the product ordered and the Owest region in
which CLEC is operating.
12.2.5.1.2 lABS Bil - The lABS Bil represents a monthly summary of
charges. This bil includes monthly and one-time charges plus a summary of any
usage charges. These bils are segmented by product, LATA, Billing account
number (BAN) and bil 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 Owest holidays.
This information is a fie of unrated Owest originated usage messages and rated
CLEC originated usage messages. It is provided in ATIS standard Electronic
Message Interface (EMI) format. This EMI format is outlined in the document
SR-320; which can be obtained directly from ATIS. 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. Owest wil provide this data to CLEC with the same level of
precision and accuracy it provides itself. This fie wil 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 Biled Messages - Owest wil distribute in-region IntraLATA collect,
callng card, and third number biled 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 wil contain these records for these types of calls as well.
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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 CLECs or removed services from an
existing account. This report also details the order number, service name and
address, and date this change was made. Individual reports wil 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 Offce Information.
b) FAM provides USOCs and descriptions by state (POTS services
only), and USOC availability by NPA-NXX with the exception of Centrex.
InterLATAllntraLATA Carrers 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, utilzation 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) suffcient
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 Intenace 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
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CLECs, introduction of new products available to CLECs, discontinuance of products available
to CLECs, modifications to pre-ordering, ordering/provisioning, maintenance/repair or biling
processes, introduction of pre-ordering, ordering/provisioning, maintenance/repair or billng
processes, discontinuance of pre-ordering, ordering/provisioning, maintenance/repair or biling
processes, modifications to existing ass interfaces, introduction of new OSS interfaces, and
retirement of existing ass interfaces. Qwest wil maintain as part of CMP an escalation
process so that CMP issues can be escalated to a Qwest representative authorized to make a
final decision and a process for the timely resolution of disputes. The governing document for
CMP, known as the "Change Management Process" Document is the subject of ongoing
negotiations between Qwest and CLECs in the ongoing CMP. The CMP Document wil
continue to be changed through those discussions. The CMP Document reflects the
commitments Qwest has made regarding maintaining its CMP and Qwest commits to implement
agreements made in the CMP process as soon as practicable after they are made. The CMP
Document wil be subject to change through the CMP, as set forth in the CMP Document.
Qwest wil 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
Qwest and CLEC to support local service delivery, CLEC and Qwest may need to define
and implement system interface specifications that are supplemental to existing
standards. CLEC and Qwest wil submit such specifications to the appropriate
standards committee and wil work towards their acceptance as standards.
12.2.6.2
12.2.6.3
Release updates wil be implemented pursuant to the CMP.
Intentionally Left Blank.
12.2.7 CLEC Responsibilties for Implementation of ass Intenaces
12.2.7.1 Before CLEC implementation can begin, CLEC must completely and
accurately answer the New Customer Questionnaire as required in Section 3.2.
12.2.7.2 Once Qwest receives a complete and accurate New Customer
Questionnaire, Qwest and CLEC wil mutually agree upon time frames for
implementation of connectivity between CLEC and the OSS interfaces.
12.2.8 Qwest Responsibilties for On-going Support for ass Intenaces
Qwest wil support previous application-to-application releases for six (6) months after the next
subsequent release has been deployed.
12.2.8.1
release.
Qwest wil provide written notice to CLEC of the need to migrate to a new
12.2.8.2 Qwest wil 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 abilty to
generate correct functional transactions for enhancements not previously certified.
Qwest wil provide the suite of tests for re-certification to CLEC with the issuance of the
disclosure document.
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12.2.8.4 Qwest shall provide training mechanisms for CLEC to pursue in educating
its internal personneL. Qwest shall provide training necessary for CLEC to use Qwests
ass interfaces and to understand Qwests documentation, including Qwests 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 wil be using.
12.2.9.2 An application-to-application exchange protocol wil be used to transport
electronically-formatted content. CLEC must perform certifcation testing of exchange
protocol prior to using the application-to-application interface.
12.2.9.3 Qwest wil provide CLEe with access to a stable testing environment that
mirrors production to certify that its ass wil be capable of interacting smoothly and
effciently with Qwests ass. Qwest has established the following test processes to
assure the implementation of a solid interface between Qwest and CLEC:
12.2.9.3.1 Connectivity Testing - CLEC and Qwest wil conduct
connectivity testing. This test wil establish the ability of the trading partners to
send and receive electronic messages effectively. This test verifies the
communications between the trading partners. Connectivity is established during
each phase of the implementation cycle. This test is also conducted prior to
controlled production and before going live in the production environment if
CLEC or Qwest has implemented environment changes when moving into
production.
12.2.9.3.2 Stand-Alone Testing Environment (SATE) regression testing:
Qwests stand-alone testing environment wil take pre-order and order requests,
pass them to the stand-alone database, and return responses to CLEC during its
development and implementation of application-to-application interface.
Regression testing-SATE provides CLEC the opportunity to validate its technical
development efforts built via Qwest documentation without the need to 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 Qwest. Qwest
wil 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 optionaL.
12.2.9.3.3 SATE-progression testing: CLEC has the option of participating
with Qwest in progression testing to provide CLEC with the opportunity to
validate technical development efforts and to quantify processing results.
Progression testing provides CLEC the opportunity to validate its technical
development efforts built via Qwest documentation without the need to schedule
test times. This testing verifies CLEC's abilty to send correctly formatted
electronic transactions through IMA system edits successfully for both new and
existing releases. SATE uses test account data supplied by Qwest. Qwest wil
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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 wil perform controlled
production. The controlled production process is designed to validate the abilty
of CLEC to transmit electronic data that completely meets the appropriate
electronic transmission standards and complies with all Qwestbusiness 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 wil 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 wil allow CLEC a reasonably suffcient amount of
time during the day and a reasonably sufficient number of days during the weék
to complete certification of its business scenarios consistent with CLEC's
business plan. It is the sole responsibility of CLEC to schedule an appointment
with Qwest for certification of its business scenarios. CLEC must make every
effort to comply with the agreed upon dates and times scheduled for the
certification of its business scenarios. If the certification of business scenarios is
delayed due to CLEC, it is the sole responsibility of CLEC to schedule new
appointments for certification of its business scenarios. Qwest wil make
reasonable efforts to accommodate CLEC schedule. Conflcts in the schedule
could result in certification being delayed. If a delay is due to Qwest, Qwest wil
honor CLEC's schedule through the use of alternative hours.
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 wil 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-
certification wil be made by the Qwest coordinator in conjunction with the release
manager of each IMA release. Notice of the need for re-certification wil be provided to
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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 wil 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 wil
use reasonable efforts to provide suffcient 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
interoperabilty testing must begin on the prior release before the next
release is implemented. Otherwise, CLEC wil 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
certified and in production with at least one (1) product and one (1) order
activity type on a prior release two (2) months after the implementation of
the next release. Otherwise, CLEC wil 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 wil 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 responsibilty for the costs of such testing. Absent a
finding that the test scope and activities address issues of common interest to the CLEC
community, the costs shall be assigned to CLEC requesting the test procedures.
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12.2.10 CLEC Support
12.2.10.1 Qwest shall provide documentation and assistance for CLEC to
understand how to implement and use all of the available OSS functions. Qwest shall
provide to CLEC in writing any internal business rules and other formatting information
necessary to ensure that CLEC's requests and orders are processed effciently. This
assistance wil include, but is not limited to, contacts to the CLEC account team, training,
documentation, and CLEC Help Desk. Qwest wil 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 wil provide a single point of
entry for CLEC to gain assistance in areas involving connectivity, system
availability, and fie 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 Qwest system for hardware configuration requirements with relevance
to application-to-application and GUI interfaces; softare 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, Profie Setup, and password
verification.
12.2.10.2.1.2 System Availabilty 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 Bil, CRIS
Summary Bil, 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 Qwests wholesale web
site. Qwest will provide Interconnect Service Center Help Desks which wil 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 OSS charges, as applicable, will be biled at rates set forth in
Exhibit A. Any such rates will be consistent with Existing Rules. Qwest shall not impose any
recurring or nonrecurring ass charges unless and until the Commission authorizes Qwest to
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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 Qwest wil provide repair and maintenance for all services covered by this
Agreement in substantially the same time and manner as that which Qwest provides for
itself, its End User Customers, its Affliates, or any other part. Qwest shall provide
CLEC repair status information in substantially the same time and manner as Qwest
provides for its retail services.
12.3.1.2 During the term of this Agreement, Qwest wil provide necessary
maintenance business process support to allow CLEC to provide similar service quality
to that provided by Qwest to itself, its End User Customers, its Affliates, or any other
part.
12.3.1.3 Qwest wil perform repair service that is substantially the same in
timeliness and quality to that which it provides to itself, its End User Customers, its
Affilates, or any other party. Trouble calls from CLEC shall receive response time
priority that is substantially the same as that provided to Qwest, its End User Customers,
its Affiliates, or any other part and shall be handled in a nondiscriminatory manner.
12.3.2 Branding
12.3.2.1 Qwest shall use unbranded Maintenance and Repair forms while
interfacing with CLEC End User Customers. Upon request, Qwest shall use CLEC
provided and branded Maintenance and Repair forms. Qwest may not unreasonably
interfere with branding by CLEC.
12.3.2.2 Except as specifically permitted by CLEC, in no event shall Qwest provide
information to CLEC subscribers about CLEC or CLEC product or services.
12.3.2.3 This section shall confer on Qwest no rights to the service marks,
trademarks and trade names owned by or used in connection with services offered by
CLEC or its Affliates, 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 Part connected with the services, faciliies or equipment of the
other Part pursuant to this Agreement shall not: 1) interfere with or impair service over
any facilities of the other Part, its affliated companies, or its connecting and concurring
Carriers involved in its services; 2) cause damage to. the plant of the other Party, its
affliated 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 Part's facilties; 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".
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12.3.3.2 If it is confirmed that either Part is causing an Impairment of Service, as
set forth in 1his Section, the Part whose network or service is being impaired (the
"Impaired Party") shall promptly notify the Part causing the Impairment of Service (the
"Impairing Party") of the nature and location of the problem. The Impaired Part 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 Part agree to work together to attempt to promptly resolve the Impairment
of Service. If the Impairing Part is unable to promptly remedy the Impairment of
Service, the Impaired Part 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 Part 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 Affliates, or any other party.
12.3.3.5.2 The Parties shall cooperate in isolating trouble conditions.
12.3.4 Trouble Isolation
12.3.4.1 CLEC is responsible for its own End User Customer base and will have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. CLEC wil perform trouble isolation on services it provides to its End User
Customers to the extent the capability to perform such trouble isolation is available to
CLEC, prior to reporting trouble to Qwest. CLEC shall have access for testing purposes
at the Demarcation Point, NID, or Point of Interface. Qwest wil 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 wil report trouble isolation
test results to the other. Each Part 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 Customets 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 wil isolate trouble to
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the Qwest network and must submit test results indicating the location of the trouble
when submitting the repair request. If a trouble ticket with test results is accepted by
Qwest, and Qwest determines that the trouble is on the CLEC or the End User
Customer'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 Qwest performs tests at CLEC request, a Maintenance of
Service Miscellaneous Charge or a Trouble Isolation charge applies if the trouble is not
in Qwests facilities, including Qwests facilities leased by CLEC. When trouble is found
on Qwests 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 thirt (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, Qwest wil not perform any maintenance of
inside wire (premises wiring beyond the End User Customets 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 Qwest line, circuit, or service provided in this Agreement that CLEC is utilzing to serve
an End User Customer, Qwest will conduct testing, to the extent testing capabilities are
available to Qwest, to diagnose and isolate a trouble in substantially the same time and
manner that Qwest provides for itself, its End User Customers, its Affliates, or any other
part.
12.3.6.2 Prior to Qwest conducting a test on a line, circuit, or service provided in
this Agreement that CLEC is utilzing to serve an End User Customer, Qwest must
receive a trouble report from CLEC.
12.3.6.3 On manually reported trouble for non-designed services, Qwest wil
provide readily available test results to CLEC or test results to CLEC in accordance with
any applicable Commission rule for providing test results to End User Customers or
CLECs. On manually reported trouble for designed services provided in this Agreement,
Qwest wil provide CLEC test results upon request. For electronically reported trouble,
Qwest wil provide CLEC with the abilty to obtain basic test results in substantially the
same time and manner that Qwest provides for itself, its End User Customers, its
Affliates, or any other party.
12.3.6.4 CLEC shall isolate the trouble condition to Qwests portion of the line,
circuit, or service provided in this Agreement before Qwest accepts a trouble report for
that line, circuit or service. Once Qwest accepts the trouble report from CLEC, Qwest
shall process the trouble report in substantially the same time and manner as Qwest
does for itself, its End User Customers, its Affliates, or any other party.
12.3.6.5 Qwest shall test to ensure electrical continuity of all UNEs, including
Central Office Demarcation Point, and services it provides to CLEC prior to closing a
trouble report.
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12.3.7 Work Center Interfaces
12.3.7.1 Qwest 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 Qwest will employ the following procedures for handling
misdirected repair calls:
12.3.8.1.1 CLEC and Qwest wil provide their respective End User
Customers with the correct telephone numbers to call for access to their
respective repair bureaus.
12.3.8.1.2 End User Customers of CLEC shall be instructed to report all
cases of trouble to CLEC. End User Customers of Qwest shall be instructed to
report all cases of trouble to Qwest.
12.3.8.1.3 To the extent the correct provider can be determined,
misdirected repair calls wil be referred to the proper provider of Basic Exchange
Telecommunications Service; however, nothing in this Agreement shall be
deemed to prohibit Qwest or CLEC from discussing its products and services
with CLEC's or Qwests End User Customers who call the other Party seeking
such information.
12.3.8.1.4 CLEC and Qwest wil provide their respective repair contact
numbers toone another on a reciprocal basis.
12.3.8.1.5 In responding to repair calls, CLEC's End User Customers
contacting Qwest in error wil be instructed to contact CLEC; and Qwest"s End
User Customers contacting CLEC in error wil 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 Part wil 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 End
User Customers who call the other Party seeking such information.
12.3.9 Major Outages/Restoral/Notification
12.3.9.1 Qwest 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 wil be via e-mail to CLEC's identified contact. With the
minor exception of certain Proprietary Information such as Customer information, Qwest
wil utilze the same thresholds and processes for external notification as it does for
internal purposes. This major outage information wil be sent via e-mail on the same
schedule as is provided internally within Qwest. The email notification schedule shall
consist of initial report of abnormal condition and estimated restoration time/date,
abnormal condition updates, and final disposition. Service restoration wil be non-
discriminatory, and wil be accomplished as quickly as possible according to Qwest
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and/or industry standards.
12.3.9.2 Qwest wil meet with associated personnel from CLEC to share contact
information and review Qwests outage restoral processes and notification processes.
12.3.9.3 Qwests emergency restoration process operates on a 7X24 basis.
12.3.10 Protective Maintenance
12.3.10.1 Qwest wil perform scheduled maintenance of substantially the same type
and quality to that which it provides to itself, its End User Customers, its Affilates, or any
other part.
12.3.10.2 Qwest wil work cooperatively with CLEC to develop industry-wide
processes to provide as much notice as possible to CLEC of pending maintenance
activity. Qwest shall provide notice of potentially CLEC Customer impacting
maintenance activity, to the extent Qwest can determine such impact, and negotiate
mutually agreeable dates with CLEC in substantially the same time and manner as it
does for itself, its End User Customers, its Affliates, or any other party.
12.3.10.3 Qwest shall advise CLEC of non-scheduled maintenance, testing,
monitoring, and surveilance activity to be performed by Qwest on any services,
including, to the extent Qwest can determine, any hardware, equipment, softare, or
system providing service functionality which may potentially impact CLEC and/or CLEC
End User Customers. Qwest shall provide the maximum advance notice of such non-
scheduled maintenance and testing activity possible, under the circumstances; provided,
however, that Qwest shall provide emergency maintenance as promptly as possible to
maintain or restore service and shall advise CLEC promptly of any such actions it takes.
12.3.11 Hours of Coverage
12.3.11.1 Qwests 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, Qwests 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 Qwest will provide trouble escalation procedures to CLEC. Such
procedures wil be substantially the same type and quality as Qwest employs for itself,
its End User Customers, its Affiliates, or any other party. Qwest escalations are manual
processes.
12.3.12.2 Qwest repair escalations may be initiated by either callng 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. CLECmay 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.
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12.3.12.3 Qwest shall handle chronic troubles on non-designed services, which are
those greater than three (3) troubles in a rollng thirt (30) Day period, pursuant to
Section 12.2.2.1.
12.3.13 Dispatch
12.3.13.1 Qwest wil provide maintenance dispatch personnel in substantially the
same time and manner as it provides for itself, its End User Customers, its Affliates, or
any other party.
12.3.13.2 Upon the acceptance of a complete and accurate trouble report from
CLEC, Qwest wil follow internal processes and industry standards, to resolve the repair
condition. Owest wil dispatch repair personnel on occasion to repair the condition. It
wil be Qwests decision whether or not to send a technician out on a dispatch. Owest
reserves the right to make this dispatch decision based on the best information available
to it in the trouble resolution process. It is not always necessary to dispatch to resolve
trouble; should CLEC require a dispatch when Qwest believes the dispatch is not
necessary, appropriate Miscellaneous Charges for dispatch wil be biled by Owestto
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 facilties 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 wil make the determination to dispatch
to locations other than the CLEC Customer premises without prior CLEC authorization.
For dispatch to the CLEC Customer premises Owest 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 Owest. 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 wil 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, wil receive commitment intervals
in substantially the same time and manner as Owest provides for itself, its End User
Customers, its Affiliates, or any other part.
12.3.16 Jeopardy Management
12.3.16.1 Owest wil 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 part, that a trouble report commitment (appointment or interval) has been or is
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likely to be missed. At CLEC option, notification may be sent by email or fax through the
electronic interface. CLEC may telephone Owest repair center or use the electronic
interfaces to obtain jeopardy status. A jeopardy, caused by either CLEC or Owest,
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, Owest notifies CLEC via a status update, email, jeopardy notification,
telephone cali, 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 Owest only trouble
reports that involve Owest facilities. For services and facilties where the capabilty to
test all or portions of the Owest network service or facility rest with Owest, Owest wil
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 Owest will cooperate with CLEC to meet the maintenance standards
outlined in this Agreement.
12.3.18.2 On manually reported trouble, Owest wil inform CLEC of repair
completion in substantially the same time and manner as Owest provides to itself, its
End User Customers, its Affliates, or any other part. On electronically reported trouble
reports the electronic system wil 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 End User Customers
including service call handling and notifying its End User Customers of trouble status
and resolution.
12.3.19.2 All Qwest employees who perform repair service for CLEC End User
Customers wil be trained in non-discriminatory behavior.
12.3.19.3 Owest wil recognize the designated CLEC/DLEC as the Customer of
Record for all services ordered by CLEC/DLEC and wil send all notices, invoices and
pertinent information directly to CLECIDLEC. Except as otherwise specifically provided
in this Agreement, Customer of Record shall be Owest's single and sole point of contact
for all CLEC/DLEC End User Customers.
12.3.20 Repair Call Handling
12.3.20.1 Manually-reported repair calls by CLEC to Owest wil be answered with
the same quality and speed as Owest answers calls from its own End User Customers.
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12.3.21 Single Point of Contact
12.3.21.1 Owest 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 wil be provided to CLEC for
each category of trouble situation being encountered.
12.3.22 Network Information
12.3.22.1 Owest maintains an information database, available to CLEC for the
purpose of allowing CLEC to obtain information about Owests NPAs, LATAs, Access
Tandem Switches and Central Offces.
12.3.22.2 This database is known as the ICONN database, available to CLEC via
Owests 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
Owest 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, Owest performs major Switch maintenance activities off-hours,
during certain "maintenance windows". Major Switch maintenance activities include
Switch conversions, Switch generic upgrades and Switch equipment additions.
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 Owest normally does major Switch maintenance during the
above maintenance window, there wil be occasions where this will not be possible.
Owest wil 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 Owest provides this information to itself, its
End User Customers, its Affliates, or any other part.
12.3.23.3 Intentionally Left Blank.
12.3.23.4 Planned generic upgrades to Owest Switches are included in the ICONN
database, available to CLEC via Owests 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 softare 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
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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 wil 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 facilty related service orders for itself, its End User Customers,
its Affliates, 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 facilty 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 facilties issued by CLEC or Owest, its End
User Customers, its Affliates or any other part during the embargo period,
regardless of the order's Due Date except for conversion 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-Iike, 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 (Le., change of AMI to 88ZS).
12.3.24.5 Frame Embargo Period. During frame conversions, service orders and
ASRs shall be subject to an embargo period for services and facilties 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 thirt (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 88ZS) to the new frame, new facility ASRs
shall be placed, and the embargo period shall extend from sixty (60) Days prior to the
Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an
embargo period, Owest shall identify the particular dates and locations for frame
conversion embargo periods in its ICONN database in substantially the same time and
manner as Owest notifies itself, its End User Customers, Affliates, or any other party.
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12.3.24.6 Switch Embargo Period. During Switch conversions, service orders and
ASRs shall be subject to an embargo period for services and facilties 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 alike-for-Iike basis, such
embargo period shall extend from thirt (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 sixt (60) Days prior to the
Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an
embargo period, Qwest shall identify the particular dates and locations for Switch
conversion embargo periods in its ICONN database in substantially the same time and
manner as Qwest notifies itself, .its End User Customers, Affilates, or any other party.
12.3.24.7 Switch and Frame Conversion Quiet Periods for LSRs. Switch and frame
conversion quiet periods are the time period within which LSRs may not contain Due
Dates, with the exception of LSRs that result in disconnect orders, including those
related to LNP orders, record orders, Billng 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 wil be handled
as set forth below, with the understanding that Qwest shall use its best efforts to
avoid the loss of End User Customer service. Such best efforts shall be
substantially the same time and manner as Qwest uses for itself, its End User
Customers, its Affiliates, or any other part.
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 Qwest.
12.3.24.7.5 LSRs requesting disconnect activity issued during the quiet
period, regardless of requested Due Date, wil 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
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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 wil restore service in substantially the same time
and manner as Qwest does for itself, its End User Customers, its Affliates, or
any other part. Restoration of CLEC End User Customer service wil be
handled through the LNP escalations process.
12.3.24.8 Switch Upgrades. Generic Switch softare and hardware upgrades are
not subject to the Switch conversion embargoes or quiet periods described above. If
such generic Switch or softare 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 Affliates, and any other part.
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 part during such Switch hardware additions.
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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 Part'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 Part 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 Part's assigned NXX or NXX-X codes. Neither Part
shall impose any fees or charges on the other Part for such activities. The Parties wil
cooperate to establish procedures to ensure the timely activation of NXX assignments in their
respective networks.
13.4 Each Part is responsible for administering numbering resources assigned to it.
Each Part wil cooperate to timely rectify inaccuracies in its LERG data. Each Part will
maintain/revise the LERG to reflect current homing arrangements, which includes subtending
arrangements for local and access tandems. Each Part is responsible for updating the LERG
data for NXX codes assigned to its End Offce Switches. Each Part shall use the LERG
published by Telcordia or its successor for obtaining routing information and shaH provide
through an authorized LERG input agent, all required information regarding its network for
maintaining the LERG in a timely manner.
13.5 Each Part shall be responsible for notifying its End User Customers of any
changes in numbering or dialing arrangements to include changes such as the introduction of
new NPAs.
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Section 14
Local Dialing Parit
Section 14.0. 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. Qwest wil provide local Dialing Parity to competing providers of
Telephone Exchange Service and telephone toll service, and wil permit all such providers to
have non-discriminatory access to telephone numbers, operator services, Directory Assistance,
and Directory Listings, with no unreasonable dialing delays. CLEC may elect to route all of its
End User Customers' calls in the same manner as Qwest routes its End User Customers' calls,
for a given call type (e.g., 0, 0+, 1+,411).
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Section 15
Qwests Offcial Director 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 wil be the subject of negotiations between GLEG and
directory publishers: including Qwests Official Directory Publisher. Qwest acknowledges that
GLEG may request Qwest to facilitate discussions between GLEG and Qwests Offcial Directory
Publisher.
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Section 16
Referral Announcement
Section 16.0 . REFERRAL ANNOUNCEMENT
16.1 When an End User Customer changes from Qwest to CLEC, or from CLEC to
Qwest, and does not retain its original mainllsted telephone number, the Part formerly
providing service to the End User Customer wil provide a transfer of service announcement on
the abandoned telephone number. Each Part wil provide this referral service consistent with
its tariff. This announcement wil provide details on the new number that must be dialed to
reach the End User Customer.
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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 Owest as a product or service shall be treated as a Bona Fide Request (BFR).
Owest shall use the BFR Process to determine the terms and timetable for providing the
requested Interconnection, access to UNEs or ancilary services, and the technical feasibility of
new/different points of Interconnection. Owest wil administer the BFR Process in a non-
discriminatory manner.
17.2 A BFR shall be submitted in writing and on the appropriate Owest form for BFRs.
CLEC and Owest 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. Owest 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 wil request, and CLEC wil need to provide, the following information, and may
also provide any additional information that may be reasonably necessary in describing and
analyzing CLEC's request:
17.2.1 a technical description of each requested Network Element or
new/different points of Interconnection or ancilary 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 Elementor ancillary
service wil 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 of the
BFR and in such acknowledgment advise CLEC of missing information, if any, necessary to
process the BFR. Thereafter, Owest shall promptly advise CLEC of the need for any additional
information required to complete the analysis of the BFR. If requested, either orally or in writing,
Owest wil 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, Owest shall provide to CLEC 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 Owest determines during the twenty-one (21) Day period that a BFR does not
qualify as an Unbundled Network Element or Interconnection or ancilary service that is required
to be provided under the Act or state law, Owest shall advise CLEC as soon as reasonably
possible of that fact, and Owest 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.
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Secton 17
Bona Fide Request Process
17.6 If Qwest 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 fort-five (45) Days after Qwest notifies
GLEG that the BFR qualifies under the Act, Qwest shall provide to GLEG a BFR quotation. The
BFR quotation wil include, at a minimum, a description of each Interconnection, Network
Element, and ancilary 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 ancilary
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 liabilty assessment or minimum period charges.
17.10 If either Part believes that the other Part 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 Part agrees that it wil provide all
responses to the other Party as soon as the Part 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 ancilary services and Qwest determines in
accordance with the provisions of this Section 17 that the request is Technically Feasible,
subsequent requests or orders for substantially similar types of Interconnection, Unbundled
Network Elements or combinations thereof or ancilary services by GLEG shall not be subject to
the BFR process. To the extent Qwest has deployed or denied a substantially similar
Interconnection, Unbundled Network Elements or combinations thereof or ancillary services
under a previous BFR, a subsequent BFR shall not be required and the BFR application fee
shall be refunded immediately. Qwest may only require GLEG to complete a New Product
Questionnaire before ordering such Interconnection, Unbundled Network Elements or
combinations thereof, or ancilary services. 1GB pricing and intervals wil 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 Qwest 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, Qwest shall provide GLEG with Qwest's supporting cost data
and/or studies for the Interconnection, Unbundled Network Element or ancilary service that
GLEG wishes to order within seven (7) business days, except where Qwest cannot obtain a
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Owest Fourteen State Negotiations Template, December 29,2008 179
Section 17
Bona Fide Request Process
release from its vendors within seyen (7) business days, in which case Qwest wil 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 suffcient 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 suffcient
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.
May 19, 2009/msd/Matrix TelecomIlD/CDS-090518-0004
Qwest Fourteen State Negotiations Template, December 29,2008 180
Section 18
Audit Procss
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 providing services under this Agreement. The term "Audit"
also applies to the investigation of company records, back offce systems and databases
pertaining to Loop information.
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 Part 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 thirt (30) business days
written notice by the requesting Part to the non-requesting Part.
18.2.3 The Audit or Examination shall occur during normal business hours.
However, such Audit wil 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 Part
under this Agreement in any twelve (12) month period. Either Part may audit the other
Part'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 Part's favor with an aggregate value of at least two percent (2%) of the
amounts payable for the affected services during the period covered by the Audit.
18.2.5 The requesting Part 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 prior to the date of request wil be considered accepted and no longer subject to
Audit. In the event an audit is initiated, the Parties agree to retain records of all
transactions under this Agreement for at least twenty-four (24) months
and all subsequent transactions will also be subject to audit.
18.2.8 Audit or Examination Expenses
18.2.8.1 Each Part shall bear its own expenses in connection with
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Owest Fourteen State Negotiations Template, December 29, 2008 181
Section 18
Audit Process
conduct of the Audit or Examination. The requesting Part wil pay for the
reasonable cost of special data extractions required by the Party to conduct the
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 Part's specification and at that Part's expense, the
requesting Part 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 Part shall
pay all of the requesting Part's commercially reasonable expenses in the event
an Audit or Examination identifies a difference between the amount biled and the
amount determined by the Audit that exceeds five percent (5%) of the amount
biled and results in a refund and/or reduction in the Biling to the requesting
Part.
18.2.9 The Party requesting the Audit may request that an Audit be conducted
by a mutually agreed-to independent auditor, which agreement wil not be unreasonably
withheld or delayed by the non-requesting Part. 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 Part shall be borne by the non-requesting Part if the terms of Section
18.2.8.2 are satisfied.
18.2.11 Adjustments, credits or payments wil 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 thirt (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 wil be affected by any statement to the contrary appearing on checks or
otherwise.
18.2.13 This Section wil 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-
May 19, 2009/msd/Matrix TelecomIlD/CDS-090518-0004
Owest Fourteen State Negotiations Template. December 29,2008 182
Section 18
Audit Process
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.
To the extent an Audit involves access to information of other competitors, CLEC and Owest wil
aggregate such competitors' data before release to the other Part, to insure the protection of
the proprietary nature of information of other competitors. To the extent a competitor is an
Affliate of the Part 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 Part 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
Part 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 wil 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 Part to be audited may also request the use of an
independent auditor.
May 19, 2009/msd/Matrix Telecom/ID/CDS-090518-0004
Owest Fourteen State Negotiations Template, December 29, 2008 183
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 ancilary 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 wil consider requests to
build additional or further facilities for network Interconnection and access to Unbundled Loops
or ancilary services, as described in the applicable section of this Agreement.
19.2 All necessary construction wil 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 wil be provided to CLEC. The
quotation will be in writing and wil be binding for ninety (90) business days after the issue date.
When accepted, CLEC wil be billed the quoted price and construction wil 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
wil become the date upon which Qwest receives the required payment.
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Owest Fourteen State Negotiations Template, December 29,2008 184
Secion 20
Service Perfrmance
Section 20.0 . SERVICE PERFORMANCE
20.1 Penormance 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 Qwest Penormance Assurance Plan (QPAP) is attached as Exhibit K of this
Agreement. Subsequent changes to the QPAP submitted to the Commission wil 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.
May 19, 2009/msd/Matrix Telecom/ID/CDS-Q90518-0004
Owest Fourteen State Negotiations Template, December 29,2008 185
Section 21
Network Standards
Section 21.0 - NETWORK STANDARDS
21.1 The Parties recognize that Qwest services and Network Elements have been
purchased and deployed, over time, to Telcordia and Qwest technical standards. Specification
of standards is built into the Qwest purchasing process, whereby vendors incorporate such
standards into the equipment Qwest purchases. Qwest supplements generally held industry
standards with Qwest Technical Publications.
21.2 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 Part 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 propert.
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 (CCS)
Specification Supporting Toll Free Service
Network Interface
GR-1432-CORE Common Channel Signaling Network Interface Specification
(CCSNIS) Supporting SCCP and TCAP
GR-317-CORE LSSGR: Switching System Generic Requirements for Call
Control Using the Integrated Services Digital Network User Part (ISDNUP)
GR-905-CORE CCSNIS Supporting Network Interconnection, Message Transfer
Part (MTP~ and ISDNUP
GR-1357-CORE Switched Fractional DS1
GR-540-CORE LSSGR 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
GR-529-CORE LSSGR Public Safety
GR-505-CORE Call Processing
FR-NWT-000271 Operator Services Systems Generic Requirements (OSSGR)
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Qwest Fourteen State Negotiations Template, December 29, 2008 186
Section 21
Network Standards
GR-1156-CORE OSSGR Section 21: Operator Subsystems
SR-1171 Methods and Procedures for System Reliabilty Analysis
21.3.2 Transport
FR-440 Transport System Generic Requirements (TSGR)
GR-499-CORE Transport Systems Generic Requirements (TSGR): Common
Requirements
GR-820-CORE Generic Transmission Surveilance; DS1 and DS3 Performance
GR-253-CORE Synchronous Optical Network (SONET) Transport Systems:
Common Generic Criteria
GR-507 -CORE LSSGR: Transmission, Section 7
TR-NWT-000776 NID for ISDN Subscriber Access
GR-342-CORE High Capacity Digital Special Access Service Transmission
Perimeter Limits and Interface Combinations
ST-TEC-000051 & 52 Telecommunications Transmission Engineering
Handbooks Volumes 1 & 2
ANSI T1.1 02-1993 Digital Hierarchy - Electrical Interface, Annex B
21.3.3 Loops
GR-57-CORE Functional Criteria for Digital Loop Carrier (DLC) Systems
TR-NWT -000393 Generic Requirements for ISDN Basic Access Digital
Subscriber Lines
GR-253-CORE SONET Transport Systems: Common Generic Criteria
GR-303-CORE Integrated Digital Loop Carrer System Generic Requirements
Objectives and Interface
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
TR-NWT -000937 Generic Requirements for Outdoor and Indoor Building
Entrance Terminals (BETs)
TR-NWT-000133 Generic Requirements for Network Inside Wiring
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Owest Fourteen State Negotiations Template, December 29,2008 187
Section 21
Network Standards
ANSI T1.417, Spectrum Management for Loop Transmission Systems
21.3.4 Local Number Portabilty
Number Portability Generic Switching and Signaling Requirements for Number
Portabilty, Issue 1.00, February 12, 1996 (Editor - Lucent Technologie's, 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);
ATIS, TRQ No.1, Technical Requirements for Number Portabilty Operator
Services Switching Systems, April 1999;
ATIS, TRQ No.2, Technical Requirements for Number Portabilty 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 wil 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/.
May 19, 2009/msd/Matrix Tèlecom/ID/CDS-090518-0004
Qwest Fourteen State Negotiations Template, December 29,2008 188
Secton 22
Signatre Page
Section 22.0. SIGNATURE PAGE
By signing below, and in consideration of the mutual promises set forth herein, and other goo
and valuable consideration, the Parties agree to abide by the ters and conditions set forth in
this Interconnection Agreement.
Matrix Telecom, Inc. dba Matrix Business
Technologies dba Trinslc CommunicationsJ ;~~SignatureSignature J
Char S Cs,' tJl8! II
Name Printedrryped ;
pre.~,\Átrcl:
TitlE( ¡. I
?1 ()j
,Date
L. T. Christensen
Name Printedrrype
Direcor - Wholesale Contracts:ßq
May 19, 2009/msd/Matríx Telecom/ID/CDS-090518-0004
Qwest Fourteen State Negotiations Template, December 29,2008 189
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.
Matrix Telecom, Inc. dba Matrix Business
Technologies dba Trinsic Communications ;~L-
Signature
Ct,oir S
Name PrintedlTyped
P ree" 'Alrrl:
TitlÎn I I
?1 di
Date
L. T. Christensen
Name PrintedlTyped
Director - Wholesale Contractsnle ¡Jq
Date
May 19, 2009/msd/Matrix Telecom/ID/CDS-090518-0004
Owest Fourteen State Negotiations Template, December 29,2008 189
Matrix Telecom, Inc. dba Matrix Business Technologies dba Trinsic Communications
Idaho
Notes
Wholesale Wholesale
Discunt Discount
Percentge Percentage
Recurring Nonrecurrng
6.0 Resale Charies Charaes
6.1 Wholesale Discount Rates
6.1.1 Southern Idaho
6.1.1.1 Basic Exchanae Residential Line Service 18.25%18.25%B B
6.1.1.2 Basic Exchani:e Business Line Service 18.25%18.25%B B
6.1.1.3 IntraLATA Toll 18.25%18.25%B B6.1..4 Package / Special Services (e.g., Centrex, Discnted Line/Feature Packages, ISDN,18.25%18.25%B B
PBX-Trunks, DSS & UAS. Frame Relay Service, LAN, MegaBit and other ACS)
6.1.1.5 Lislini:s, CO Features & Information Services 18.25%18.25%B B
6.1.1.6 Priate Line 18.25%18.25%B B
6.1.1.7 Operator Services / Directorv Assistance ¡OS/DA)18.25%18.25%B B
6.1.1.8 Volume Packaaed Services - Hii:h Volume Customers 6.65%6.65%B B
6.1.1.9 Public Access Line (PAll Service 0.00%0.00%B B
6.1.2 Northern Idaho
6.1.2.1 Basic Exchani:e 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 IntraLATA Toll 19.37%19.37%B B
6.1.2.4 Packge / Special Services (e.g., Centrex, Discunted Line/Feature Packages, ISDN,19.37%19.37%B B
PBX-Trunks, DSS & UAS, Frame Relay Service, LAN, MegaBit and other ACS)
6.1.2.5 Listinas, CO Features & Information Services 19.37%19.37%B B
6.1.2.6 Private Line 19.37%19.37%B B6.1.27 Oiirator Services / Directorv Assistance (OSIOA)19.37%19.37%B B
6.1.2.8 Volume Packaied Services - Hii:h Volume Customers 6.87%6.87%B B
6.1.2.9 Public Access Line (PAll Service 0.00%0.00%B B
6.2 Customer Trnns~r Chame ¡CTC)
6.2.1 CTC for POTS Service
6.2.1.1 Manual
6.2.1.1.1 First Line $16.22 B
6.2.1.1.2 Each Additional Line $2.27 B
6.2.1.2 Mechanized
6.2.1.2.1 First Line $0.63 B
6.2.1.2.2 Each Additional Line $0.12 B
6.2.2 CTC for Private Line Transoort Services
6.2.2.1 I First Circuit $38.84 B
6.2.2.2 IAdditional Circuit, oer Circuit, same CSR $33.50 B
6.2.3 CTC for Advanced Communications Services, iir Circu~$46.81 B
7.0 Iintentionallv Left Blank
8.0 Iintentionallv Left Blank
9.0 Unbundled Network Elements (UNEs)
9.1 Interconnection Tie Pairs ¡ITPI - Per Termination
9.1.1 050 $0.38 B
9.1.2 DS1 $1.24 B
9.1.3 DS3 $14.76 B
9.2 Unbundled Loo""
9.2.1 Anloa Loo s See 9.2.4
9.2.1.1 2-Wire Voice Grade Loop
9.2.1.1.1 Zone 1 $15.65 ##
9.2.1.1.2 Zone 2 $23.76 ##
9.21.1.3 Zone 3 $40.50 ##
9.2.1.2 Intentionallv Left Blank
9.2.1.3 4-Wire Voice Grade Looa
9.2.1.3.1 Zone 1 $30.70 ##
9.2.1.3.2 Zone 2 $46.63 ##
9.2.1.3.3 Zone 3 $79.47 ##
I I
9.2.2 Nonloaded Loops See 9.2.4
9.2.2.1 2-Wire Nonloaded Loon
9.2.2.1.1 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 Looo
9.2.2.3.1 Zone 1 $30.70 ##
9.2.2.3.2 Zone 2 $46.63 ##
9.2.2.3.3 Zone 3 $79.47 ##
Qwest Idaho Ne90tiation's Template Exhibit A 16th Revision
December 29, 2008 Page 1 of6
Matx Telecom, Inc. dba Matix Business Technologies dba Trlnslc Communications
Idaho
9.2.2.5 Loop ConditioninQ $22.00 A,8
9.2.3 DiQital Capable Loops
9.2.3.1 Basic Rate ISDN I xDSL-1 caoable see 9.2.4
9.2.3.1.1 IZone 1 $15.65 ##
9.2.3.1.2 Zone 2 $23.76 ##
9.2.3.1.3 IZone3 $40.50 ##
9.2.3.2 Intentioallv Left Blank
9.2.3.3 DS1 Caoable Loop See 9.2.5
9.2.3.3.1 IZone 1 $86.8 ##
9.2.3.3.2 IZone2 $86.46 ##
9.2.3.3.3 IZone3 $99.96 ##
9.2.3.4 DS3 Caoable Looo See 9.2.6
9.2.3.4.1 IZone1 $941.95 ##
9.2.3.4.2 Zone 2 $955.04 ##
9.2.3.43 I Zone 3 $1,264.56 ##
9.2.3.5 Intentionallv Left Blank
9.2.3.6 2-Wire Exension Technoloov $22.00 A
I i I
9.2.4 Loop Installation Charges for 2 & 4-Wire Analog I Nonloaded, ISDN BRI Capable and xDSL - I se 9.2.1 &
Caoable Looos where condnionina is not reuired.9.2.2
9.2.4.1 Basic Installation
9.2.4.1.1 First $11.03 A
9.2.4.1.2 I Each Additional $6.07 A
9.2.4.2 Basic Instllation with Perfrmnce Testino
9.2.4.2.1 I First $17.72 A
9.2.4.2.2 Each Additional $8.99 A
9.2.4.3 Coordinated Installation with Cooperative Testing I Projec Cordinate Installation
9.2.4.3.1 IFirst $171.87 #
9.2.4.3.2 Each Additional $94.09 #
9.2.4.4 Coordinated Installation without Cooperatie Testing I Projec Cooinated Installation
9.2.4.4.1 i First $59.81 #
9.2.44.2 Each Additional $53.32 #
9.2.4.5 Basic Installation with Cooperative TestinQ
9.24.5.1 First $142.10 #
9.2.4.5.2 lEah Additional $94.09 #
I I
9.2.5 DS1 Loop Installation Charies See 9.2.3.3
9.2.5.1 Basic Installation
9.2.5.1.1 I First $128.71 B
9.2.5.1.2 Each Additioal $99.73 B
9.2.5.2 Basic Installation with Penormance TestinQ
9.2.5.2.1 First $279.37 B
9.2.5.2.2 lEach Additional $212.57 B
9.2.5.3 Coordinated Installation with Cooperative Testing I Projec Coordinated Installation
9.2.5.3.1 First $316.94 B
9.2.5.3.2 i Each Additional $222.40 B
9.2.5.4 Coordinated Installation without Cooperative Testing I Proje Coordinated Installation
9.2.5.4.1 I First $135.78 B
9.2.5.4.2 Each Additional $106.79 B
9.25.5 Basic Installation with Cooperative TestinQ
9.2.5.5.1 First $27224 B
9.2.5.5.2 I Each Addnional $195.68 B
9.2.6 DS3 Loop Installation Charies se 9.2.3.4
9.2.6.1 Basic Installation
9.2.6.1.1 I First $128.71 B
9.2.6.1.2 Each Additial $99.73 B
9.2.6.2 Basic Installation with Penormance TestinQ
9.2.6.2.1 First $279.37 B
9.2.6.2.2 lEach Additional $212.57 B
9.2.6.3 Coordinated Installation with Cooperative Testing I Projec Cordinated Installation
9.2.6.3.1 I First $316.94 B
9.2.6.3.2 I Each Additional $222.40 B
9.2.6.4 Cordinated Installation without Corative Testing I Projec Coordinated Instllation
9.2.6.4.1 I First $135.78 B
9.2.6.4.2 i Each Additonal $106.79 B
9.2.6.5 Basic Installation with Cooperative TestinQ
9.2.6.5.1 I First $272.24 B
9.2.6.5.2 Each Additional $195.68 B
i i
Owest Idaho Negotiation's Template Exhibit A 16th Revision
Decmbr 29, 2008 Page2of6
Matrix Telecom, Inc. dba Matrix Business Technologies dba Trinsic Communications
Idaho
I I liTT 19.2.8 ¡Private Line I Special Accss to Unbundled Loop Conversion las is) $34.50 B
19.3 Intentionallv Left Blank
9.4 Shared Serviçes
9.4.1 Intentionall Left Blank
9.4.2 Line Solitin
9.4.2.1 Basic Installation Charae for Line Splittina1 1
Looo Solittina
9.43.1 Basic Installation Charae for Loop Solittina
I
I I
$33.79
1
9.4.3
Î $33.79
9.4.4 OSS, per Line, per Month $3.23
9.5 Intentionallv Lef Blank
9.6 Unbundled Dediçated Interoffice Transport IUDIT
9.6.1 DSO UOIT IRecurrinG Fixed & per Mile)
9.6.1.1 Over 0 to 8 Miles
9.6.1.2 Over 8 to 25 Miles
.. 9.6.1.3 Over 25 to 50 Miles
9.6.1.4 Over 50 Miles
I
9.6.2 DS1 UDIT RecurrinG Fixed & per Mile)
9.6.2.1 Over 0 to 8 Miles
9.6.2.2 Over 8 to 25 Miles
9.6.2.3 Over 25 to 50 Miles
9.6.2.4 Over 50 Miles 1 1
9.6.3 DS3 UDIT RecurrnG Fixed & oer Mile)
9.6.3.1 Over 0 to 8 Miles
9.6.3.2 Over 8 to 25 Miles
9.6.3.3 Over 25 to 50 Miles
9.6.3.4 Over 50 Miles 1 1
9.6.4 Intentionallv Left Blank1 1 1
9.6.5 Intentionallv Left Blank1 1 i
9.6.6 Intentionallv Left Blanki i i
9.6.7 UDIT DSO Channel Performance
9.6.7.1 IDSO UDIT Low Side ChannelizationI I 1
9.6.8 Intentionallv Left BlankI I 1
9.6.9 Intentionallv Left Blank1 1
9.6.10 Intentionallv Left Blank1 I
9.6.11 UDIT Rearrn!lement
9.6.11.1 DSO, Sinale Ofice
9.6.11.2 DSO, Dual Offce
9.6.11.3 HiGh Caoacitv, Sinole Ofce
9.6.11.4 Hi!lh Capacitv, Dual Offce1 1
9.6.12 Private Line I Special Accss to UDIT Conversion as is)
$241.74 B
$24.67
$24.69
$24.86
$24.69
$0.29
$0.23
$0.15
$0.05
B
B
B
B
B
B
B
B
I
$284.52 B
$36.43
$37.26
$39.12
$37.7
$3.20
$3.19
$1.81
$0.78
B
B
B
B
B
B
B
B
i
$284.52 B
$238.61
$242.03
$223.90
$235.64
$54.07
$16.78
$21.34
$14.83
B
B
B
B
B
B
B
B
1
i
i
i
$13.10 Bì
ì
T
T
$164.40
$206.79
$221.94
$249.30
B
B
B
B
$131.19 12
9.7 Intentionallv Left Blank
9.8 Intentionallv Left Blank
9.9 Intentionallv Left Blank
9.10 IntentionallY Left Blank
9.11 Intentionallv Left Blank
9.12 Intentionallv Left Blank
9.13 Ilntentionallv Left Blank
19.14 Iintentionallv Left Blank
19.15 Ilntentionallv Left Blank
Qwest Idaho Negotiation's Template Exhibit A 16th Revision
Decmber 29, 2008 Page 30f6
Matrix Telem, Inc. dba Matr Business Technologies dba Trinslc Communications
Idaho
i9.17 Intentionallv Left Blank
19.18 Intentionallv Left Blnk
9.19 Constrction Charaes
9.19.1 CLEC Requested UNE Constructon (CRUNEC) - applies to Unbundle Dark Fibe, Unbundled
Loop, Loop Mux Combo, EEL, UDIT & Subloo
9.19.1.1 1 Recrds Quote Preoaratin Fee $347.46 12
9.19.1.2 Construction Quote Preoarali Fee $863.3 12
9.19.2 Construion of Network Caoaci, Facilites or Soace fo Accss to or use of UNEs ICB ICB 3 3
9.20 Miscellaneous Charaes
9.20.1 Additional Eniiineerino, oer Half Hour or fracion there
9.20.1.1 IAdditional Enoineerino - Basic $31.74 B
9.20.1.2 IAdditional Eniiineerinii - Overtime $39.61 B
I I I I
9.20.2 Additional Labor Installation, oer Half Hour or fraction thereof
9.20.2.1 Additional Labor Installation - Overtime $9.02 B
9.20.2.2 IAdditional Labor Installation - Premium $18.05 B
I I I I
9.20.3 Additional Labor Other, oer Half Hour or frion therf
9.20.3.1 Additional Labor Oter - Ootional Testina\ Bac $27.70 B
9.20.3.2 Additional Labor Other - (Ootional Testino) Overme $36.98 B
9.20.3.3 Additional Labor Other - (Ootional Testina\ Premium $46.29 B
I I I
9.20A Intentional Left Blank
I I I
9.20.5 Intentionalll Left Blank
I I I
9.20.6 Additional Coooerative Accotance Testina, oer Half Hor or frctn thre
9.20.6.1 Additional Cooerative Accotance Testina - Baic $29AO B
9.20.6.2 Additional Coooerative Accotance Testina - Overtime $39.28 B
9.20.6.3 Additional Coooerative Accotance Testina - Premium $49.16 B
I
9.20.7 Nonscheduled Coooerative Testino, oer Half Hour or frction theref
9.20.7.1 Nonscheduled Coooerative Testino - Basic $29.40 B
9.20.7.2 Nonscheduled Coooerative Testinii - Overtme $39.28 B
9.20.7.3 Nonscheduled Coooerative Testino - Premium $49.09 B
I I I
9.20.8 Nonscheduled Manual Testina, oer Half Hor or frction thref
9.20.8.1 Nonscheduled Manual Testinii - Basic $29AO B
9.20.8.2 Nonscheduled Manual Testina - Overtime $39.28 B
9.20.8.3 Nonscheduled Manual Testino - Premium $49.16 B
I I I
9.20.9 IntentionaliY Left Blank
I I I
9.20.10 IntentionaliY Left Blank
I I I
9.20.11 Additional Disoatch, oer Order $87.98 B
I I I
9.20.12 Intentionallv Lef Blank
I I
9.20.13 Desiiin Chanii, oer Order $73.99 B
I I I
9.20.14 Expedite Chame, oer Dav Advanced (se rates in Qwest s Tari FCC No.1 Secion 5 $200.00 11
I I 1
9.20.15 Cancellation Chame ICB 3
I I I
9.20.16 Maintenance of Service, oer Half Hour or frion thereof
9.20.16.1 Maintenance of Service - Basic $28.86 B
9.20.16.2 Maintenanc of Service - Overtime $36.98 B
9.20.16.3 Maintenance of SerVice - Prmium $46.29 B
9.21 I Channel Reoeeraion
19.21.1 IDS1 $0.00 $0.00 6 6
19.21.2 IDS3 $0.00 $0.00 6 6
9.22 IntentionallY Left Blank
9.23 UNE Combinations
9.23.1 Intentionallv Left Blank
9.23.2 Enhance Exended Looo (EEL)
9.23.2.1 EEL Looo, DSO 2-Wire Analoa
9.23.2.1.1 EEL 2-Wire Loo Installation
9.23.2.1.1.1 I First $245.11 1
9.23.2.1.1.2 I Each Additonal $182.97 1
9.23.2.1.2 2-Wire Analoa Looo (see rates in 9.2.1.1 \
Qwest Idaho Negotiation's Template Exhibit A 16th Revision
December 29, 2008 Page 4 of6
Matrix Telecom, Inc. dba Matrix Business Technologies dba Trinsic Communications
Idaho
9.23.2.1.2.1 Zone 1 $15.65 15
9.23.2.1.2.2 Zone 2 $23.76 15
9.23.2.1.2.3 Zone 3 $40.50 15
1
9.23.2.2 EEL Looo, DSO 4-Wire Analoo
9.23.2.2.1 EEL 4-Wire Looo Installation
9.23.2.2.1.1 1 First $245.11 1
9.23.2.2.1.2 1 Each Additional $182.97 1
9.23.2.2.2 4~Wire Analoii Loop (se rates in 9.2.1.3)
9.23.2.2.2.1 Zone 1 $30.70 15
9.23.2.2.2.2 Zone 2 $46.63 15
9.23.2.2.2.3 Zone 3 $79.47 15
1
9.23.2.3 EEL Looo, DS1
9.23.2.3.1 EEL DS1 Loop Installation
9.23.2.3.1.1 First $30.49 1
9.23.2.3.1.2 1 Each Additional $225.39 1
9.23.2.3.2 DS1 Caoabl Looo (see rates in 9.2.3.3)
9.23.2.3.2.1 Zone 1 $86.8 15
9.23.2.3.2.2 Zone 2 $86.46 15
9.23.2.3.2.3 Zone 3 $99.96 15
1
9.23.2.4 EEL Loop, DS3
9.23.2.4.1 EEL DS3 Looo Instllation
9.23.2.4.1.1 1 First $323.61 1
9.23.2.4.1.2 Each Additional $248.51 1
9.23.2.4.2 DS3 Capable Loop (see rates in 9.2.3.4)
9.23.2.4.2.1 Zone 1 $941.95 15
9.23.2.4.2.2 Zone 2 $955.04 15
9.23.2.4.2.3 Zone 3 $1,264.56 15
1
9.23.2.5 Pnvate Line / Soecial Access to EEL Conversion (as is)$34.50 B
1 1 1
9.23.2.6 EEL Rearranoement
9.23.2.6.1 IDSO $130.83 12
9.23.2.6.2 1 Hioh Caoacitv $148.50 12
1 1
9.23.2.7 EEL Transport
9.23.2.7.1 D$O (Recurnnii Fixed & per Mile) (se rates in 9.6.1\
9.23.2.7.1.1 Over 0 to 8 Miles $24.67 $0.29 15 15
9.23.2.7.1.2 Over 8 to 25 Miles $24.69 $0.23 15 15
9.23.2.7.1.3 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
9.23.2.7.2 DS1 (Recurrino Fixed & oar Mile) (see rates in 9.6.2)
9.23.2.7.2.1 Over 0 to 8 Miles $36.3 $3.20 15 15
9.23.27.2.2 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 $37.77 $0.78 15 15
9.23.2.7.3 DS3 (Recurrino Fixed & per Mile) (see rates in 9.6.3)
9.23.2.7.3.1 Over 0 to 8 Miles $238.61 $54.07 15 15
9.23.2.7.3.2 Over 8 to 25 Miles $242.03 $16.78 15 15
9.23.2.7.3.3 Over 25 to 50 Miles $223.90 $21.34 15 15
9.23.2.7.3.4 Over 50 Miles $235.64 $14.83 15 15
9.23.2.8 EEL Multiolexin
9.23.2.8.1 DS1 toDSO $263.86 $246.92 B 1
9.23.2.8.2 DS3toDS1 $304.22 $246.92 B 1
19.23.2.9 EEL DSO Channel Performance
9.23.29.1 DSO Low Side Channelization $13.10 B
9.23.2.9.2 ID$l/ DSO Low Side Channelization $7.47 B
10.0 Ancilarv Services
110.1 Intentionallv Left Blank
110.2 911/ E911
10.2.1 911/ E911 - Callnii NoChariie NoCharoe
10.3 WhitePa es Directorv Listinas, Facilitv Based Providers
10.3.1 Pnmarv Listino No Charge NoCharoe
10.3.2 Premium / Pnvacy Listings General General
Exchange Exchange
Tarif Rate, Tanf Rate,
Less Less
Wholesale Wholesale
Discunt Distunt
110.4 1 Directorv Assistance Facilit Based Providers
1 110.41 1 Locl Direorv Asistance, oar Call $0.34 2
Qwest Idaho Negotiation's Template Exhibit A 16th Revision
December 29, 2008 Page 5 of6
Matrix Telecom, Inc. dba Mat Business Technologies dba Trinslc Communications
Idaho
10.4.2 National Directory Assistance, per Call $0.34 2
10.4.3 Intentionallv Left Blank
10.4.4 Intentionallv Left Blank
10.4.5 Call Comoletion, oer Call $0.04 2
10.5 Direor Assistance List Infonnation
10.5.1 Initial Database Load, oer Listina $0.025 B
10.5.2 Reload of Databae, oer Listing $0.020 B
10.5.3 Dailv Uodates, oer Listina $0.25 B
10.5.4 One-Time Set-Up Fee $73.29 B
10.5.5 Media Charaes for File Delivery
10.5.5.1 Eleconic Transmission $0.0020 B
10.6 Toll and Assistance Operator Service, Facilit Ba Providrs
10.6.1 Ooerator Assistance, oer Call $0.50 2
10.6.2 Busy Line Verify, per Call $0.72 2
10.6.3 Busv Line Interrot $0.87 2
10.6.4 Call Brandina. set-Up & Recordina $10,500.00 2
10.6.5 Loadino Brand, oer Switch $800.00 2
12.0 Ooerational SUDDOrt Svstems
112.1 1 Development and Enhancements, per Order $5.00 B
112.2 10ngoing Maintenance oer Order $1.0 B
112.3 IIntentionaily Left Blank
112.4 ITrouble Isolation Charge see 9.20
17.0 1 Bona Fide Request Process
117.1 IProcssino Fee $1,851.86 B
1 I I 1 1 I
NOTES:.Unless otherwise indicted, all rates are pursuant to Idaho Public Utliles Commissn Doet:
A AT&T Arbitration Docket USW-T-96-15, Order No 27738, efve september 17,199
B Cost Docket QWE-T-01-11, Order No. 29408 (January 5, 200) rates efve January 5, 20.
##Second Voluntarv Rate Reduction, Doket USW-T-00-3, effecive 61/02. Redions refleced in the 7/10/02 Exhibit A.
I I I 1 I 1 I
1 TELRIC rates proposed in Cost Doket QWE-1-01-11 testimony filed on November 12, 2003. The case was bifrcated and the rates using this footnote are propo
in Phase 2 of the cot docet
2 Market-based rates.
3 ICB, Individual Case Basis oricino.
4 The State of Idaho has retained the overskiht on these raes. Th rate are not unde the iuriictn of the FCC.
5 Intentionallv Left Blank
6 Effctive August 1, 2003, Qwest will no longer bill the recurrng and nonrerrng charg fo Channel Regneration. Owest reserves the right to revert back to the
contracutal rate onlv after aoorooriate notice is aiven.
7 Intentionallv Left Blank
8 Effective 11/04, Owest wil no longer per Bridge Tap andor Loa Col Remoal (Conditioning) to facilitate provisioning of its Qwst Retail DSL offering. In order
to permit CLECs to provision their own xDSL Capable Loops, Owest in no reinstng th charge to continue Conditioning for the 214-Wire Unbundled Loop, ADSL
Compatible Unbundled Loop, ISDN (BRI) Capable Unbundled Loo, xDSL-1 Capable Unbundled Loop, Non-Commercal Line Sharing, Line Splitting, Non-Commercial
Shared Distribution Loop and Loop Splitting, effective 3/14/05. Owest can t bil the REC rate structure, but wil bil customers the lower of the two rates.
9 Intentionallv Left Blank
10 Owest has not implemented this UNE rate or chariie in it billna system but reserves the riaht to assss such a charae in the future.
11 Market-based prices, All charges and increments shall be the same as the comparable charges and increments provided in Owest FCC, Retail Tarif, Catalogs, or
Price Lists.
12 Rates not addressed in Cost Docket (estimated TELRIC)
13 Intentionally Left Blank
14 Intentionally Left Blank
15 Rate was oreviouslv ordered for this element in a difrent sen of Exhibit A.
Qwest Idaho Negotiation's Template Exhibit A 16th Revision
Decmber 29, 2008 Page 6of6
Qwest:
Spirit of S"vlt'
Service Penormance 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 wil report performance results for the service performance indicators defined herein. Owest wil 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 wil be reported for the products listed in each definition. Reports for CLECs individually wil 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 apply 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 Pagei
Qwests Service Penormance Indicator Definitions
Table of Contents
ELECTRONIC GATEWAY AVAILABiliTY ...........................................................................1
GA-1 - Gateway Availability - IMA-GUI..............................................................................1
GA-2 - Gateway Availabilty - IMA-EDI ......................... .......... ...........................................2
GA-3 - Gateway Availability - EB- TA .............................. ............ .............. .........................3
GA-4 - System Availabilty - EXACT ..................................................................................4
GA-6 - Gateway Availability - GUI -- Repair.......................................................................5
GA-7 - Timely Outage Resolution following Softare Releases.........................................6
P'RE-ORDER/.ORDER .................................................................................................................,_ 7
PO-1 - Pre-Order/Order Response Times.......................................................................... 7
PO-2 - Electronic Flow-through...... .................................................................... ........... ...1 0
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 - Biling 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 Centar........34
OP-3 - Installation Commitments Met..............................................................................35
OP-4 - Installation Interal.............. ........................... ............. ...... .............. ......... .......... ...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 ...................................................51
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 - Biling Accuracy - Adjustments for Errors...............................................................81
BI-4 - Billng Completeness ................................................................................... ....... ....82
DATABASE U.PDATES ........................................................................................................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
N.ETWORK 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
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page ii
Electronic Gateway Availabilty
GA.1 - Gateway Availabilty -IMA-GUI
Purpose:
Evaluates the quality of CLEC access to the IMA-GUI electronic gateway and one associated system,
focusina on the extent thev are actually available to CLECs.
Description:
GA-1A: Measures the availabilty 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 availabilty found on the following website:
http://ww.qwest.comlwholesale/cmp/ossHours.html.
GA-1 D: Measures the availability of the SIA system, which facilitates access for the IMA-GUI interface
and the IMA-EDI interface (see GA-2), and reports the percentage of scheduled time the SIA
system is available. Scheduled availability times wil be no less than the same hours as listed for
IMA-GUI and IMA-EDI..Time Gateway is Available to CLECs is equal to Scheduled Availabilty Time minus Outage Time..Scheduled Availabilty 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 wil 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 Owests ability to serve its customers. An outage is
determined by Owest technicians through the use of verifiable data, collected from the affected
customer(s) and/or from mechanized event management systems.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Region-wide level.
results Results wil be reported as follows:
GA-1A IMA Graphical User Interface Gateway
GA-1D SIA system
Formula:
((Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period) + (Number of
Hours and Minutes of Scheduled Availabilty Time During Reporting Period)) x 100
Exclusions: None
Product Reporting: None Standard:99.25 percent
Availabilty:Notes:
Available
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 1
GA-2 - Gateway Availabilty - IMA-EDI
Purpose:
Evaluates the quality of CLEC access to the IMA-EDI electronic gateway, focusing on the extent the
gateway is actually available to CLECs.
Description:
Measures the availabilty of IMA-EDI (Interconnect Mediated Access - Electronic Data Interchange)
interlace and reports the percentage of scheduled availabilit time the IMA-EDI Interlace is available
for view and/or input. All times during which the interlace 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://ww.qwest.com/wholesale/cmp/ossHours.html. Time Gateway is
Available to CLECs is equal to Scheduled Availability Time minus Outage Time..Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communicated that the interlace is not available due
to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine
maintenance and/or upgrade work wil be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or
component (Le., IMA-EDI), affecting Qwests abilit to serve its customers. An outage is
determined by Qwest technicians through the use of verifiable data, collected from the affected
customer(s) and/or from mechanized event management systems.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC Disaggregation Reporting: Region-wide leveL.
a!:mreQate results (See GA-1D for reporting of SIA system availabiltv.)
Formula:
((Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period) + (Number
of Hours and Minutes of Scheduled Availabilty Time During Reporting Period) ) x 100
Exclusions: None
Product Reporting: None Standard:99.25 percent
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 2
GA.3 - Gateway Availabilty - EB. T A
Purpose:
Evaluates the quality of CLEC access to the EB-TA interface, focusing on the extent the gateway is
actuallv available to CLECs.
Description:
Measures the availability of EB-TA (Electronic Bonding - Trouble Administration) interface and reports
the percentage of scheduled availabilty time the EB-TA Interface is available..Scheduled Up Time hours are based on the currently published hours of availabilty found on the
following website: http://ww.qwest.com/wholesale/cmp/ossHours.html..Time Gateway is Available to CLECs is equal to Scheduled Availabilty Time minus Outage Time..Scheduled Availabilty Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communiæted 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 wil be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or
component (Le., EB-TA), affecting 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: CLEC aggregate results Disaggregation Reporting: Region-wide leveL.
Formula:
((Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period) + (Number
of Hours and Minutes of Scheduled Availabilty During Reporting Period)) x 100
Exclusions: None
Product Reporting: None Standard:99.25 percent
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 3
GA-4 - System Availabilty - EXACT
Purpose:
Evaluates the quality of CLEC batch access to the EXCT electronic access service request system,
focusino 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 availabilty found on the
following website: http://w.gwest.comlwholesale/cmp/ossHours.html..Time System is Available to CLECs is equal to Scheduled Availability Time minus Outage Time..Scheduled Availabilty 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 wil 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 Owests ability to serve its customers. An outage is
determined by Owest technicians through the use of verifiable data, collected from the affected
customer(s) and/or from mechanized event manaoement 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 Availabilty During Reporting Period)) x 100
Exclusions: None
Product Reporting: None Standard:99.25 percent
Availabilty:Notes:
Available
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 4
GA-6 - Gateway Availabilty - GUI - Repair
Purpose:
Evaluates the quality of CLEC access to the GUI Repair electronic gateway, focusing on the extent the
gateway is actually available to CLECs.
Description:
Measures the availabilty of the GUI (Graphical User Interface) repair electronic interface and reports
the percentage of scheduled availabilty 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 availabilty found on the
following website: http://ww.qwest.com/wholesale/cmp/ossHours.html..Time Gateway is Available to CLECs is equal to Scheduled Availabilty 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 wil be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or
component (Le., GUI-Repair), affecting Owests ability to serve its customers. An outage is
determined by Owest technicians through the use of verifiable data, collected from the affected
customer(s) and/or from mechanized event management systems.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC Disaggregation Reporting: Region-wide level.
aQQreQate results
Formula:
(Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period + Number of
Hours and. Minutes of Scheduled Availabilty Time During Reporting Period) x 100
Exclusions: None
Product Reporting: None Standard:99.25 percent
Availabilty:Notes:
Available
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 PageS
GA-7 - Timely Outage Resolution following Softare Releases
Purpose:
Measures the timeliness of resolution of gateway or system outages attibutable to softare releases for
specified OSS intenaces, focusing on CLEC-affecting softare releases involving the specified gateways
or systems.
Description:
. Measures the percentage of gateway or system outages, which are attributable to OSS system
softare releases and which occur within two weeks after the implementation of the OSS system
softare releases, that are resolved NOTE 1 within 48 hours of detection by the Owest monitoring group
or reporting by a CLEC/coprovider.
. Includes softare releases associated with the following OSS intenaces in Owest: 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 Owest's abilty to serve its customers or data loss NOTE 4 on
the Owest side of the intenace. An outage is determined by Owest technicians through the use of
verifiable data, collected from the affected customer(s) and/or from mechanized event management
systems.
. The outage resolution time interval considered in this measurement starts at the time Owests
monitoring group detects a failure, or at the date/time of the first transaction sent to Owest 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
Reporting Comparisons: CLEC Aggregate
Unit of Measure: Percent
Disaggregation Reporting: Region-wide level.
Formula:
((Total outages detected within two weeks of a Softare Release that are resolved within 48 hours of the
time Owest detects the outage) + (Total number of outages detected within two weeks of Softare
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 softare defect.
Product Reporting: None Standards:
Volume = 1-20: 1 miss
Volume ~ 20: 95%
Availabilty:
Available
Notes:
1. "Resolved" means that service is restored to the reporting CLEC, as
experienced by the CLEC.
2. EXACT is a Telecordia system. Only releases for changes initiated by
Owest 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 ben provided for the data in question (e.g., EDI 997, LSR ID
or trouble ticket number).
Owest 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-18:
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 & 18 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 transa.ction types.
The response time measured is the time between the issuance of a pre-ordering transaction and the
receipt of an error message associated with a "rejected query." A rejected query is a transaction that
cannot be successfully processed due to the provision of incomplete or invalid information by the sender,
which results in an error messaae back to the sender. NOTE 1Reporting Period: One month Unit of Measure:
PO-1A, PO-18, & PO-1D: Seconds
PO-1 C: Percent
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit 8 June 26, 2007 Page 7
PO.1 - Pre-Qrder/Order Response Times (continued)
Reporting
Comparisons:
CLEC aggregate.
Disaggregation Reporting: Region-wide leveL. Results are reported as follows:
PO-1A Pre-Order/Order Response Time for IMA-GUI
PO-1B Pre-Order/Order Response Time for IMA-EDI
Results are reported separately for each of the following transaction types: NOTE 2
1. Appointment Scheduling (Due Date Reservation, where appointment is reqUired)
2. Service Availability Information
3. Facilty Availabilty
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 Facilty 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 wil 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, wil be
reported.
For PO-1B (transactions via IMA-EDI), request/response wil be reported as a combined
number.
PO-1C Results for PO-1C wil 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
Formula:
PO-1A & PO-1B = ¿((Query Response Date & Time) - (Query Submission Date & Time)) + (Number of
Queries Submitted in Reporting Period)
PO-1D Results for PO-1D wil be reported accrding to the gateway interface used:
1. Rejected Response Times for IMA-GUI
2. Rejected Response Times for IMA-EDI
PO-1C = ((Number of IRTM Queries measured by PO-1A & 1B that Timeout before receiving
response) + (Number of IRTM Queries Transmitted in Reporting Period)) x 100
PO-1D = ¿((Rejected Query Response Date & Time) - (Query Submission Date & Time)) +
(Number of Rejected Query Transactions Simulated by IRTM)
Exclusions:
PO-1A & PO-1B:
· Rejected requests/errors, and timed out transactions
PO-1C:
. Rejected requests and errors
PO-1D:
. Timed out transactions
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B 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 Availabilty -:25 seconds -:25 seconds
Information
3.Facility Availabilty -:25 seconds6 -:25 seconds6
4.Street Address Validation -:10 seconds -:10 seconds
5.Customer Service Records -:12.5 seconds6 -:12.5 secnds6
6.Telephone Number -:10 seconds -:10 secnds
7.L0-R Qualification Tools ~ 20 seconds 7 ~ 20 secondsNO 3
8.Left intentionally blank to
preserve numbering
9.Connecting Facilty ~ 25 seconds ~ 25 seconds
Assignment
10. Meet Point Inquiry ~ 30 seconds ~ 30 seconds
PO-1C-1
PO-1C-2
PO-1D-1 & 2
Notes:
1. Rejected query types used in PO-1 D are those developed for internal
Qwest diagnostic purposes.
2. As additional transactions, currently done manually, are mechanized,
they wil be measured and added to or included in the above list of
transactions, as applicable.
3. Results based on a weighted combination of ADSL Loop Qualification
and Raw Loop Data TooL.
4. Results based on Connecting Facility Assignment by Unit Query.
5. Results based on meet Point Query, POTS Splitter option for Shared
loops.
6. Times reflect non-complex services, including residential, simple
business, or POTS account. Does not include ADSL or accounts::25
lines.
7. Benchmark applies to response time only. Request time and Total
time wil also be reported.
0.5%
0.5%
Diagnostic
Availabilty:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 9
PO-2 - Electronic Flow-through
Purpose:
Monitors the extent Owests processing of CLEC Local Service Requests (LSRs) is completely
electronic, focusing on the degree that electonically-transmitted LSRs flow directly to the service
order orocessor without human intervention or without manual retyping.
Description:
PO-2A - Measures the percentage of all electnic LSRs that flow from the specified electronic
gateway interface to the Service Order Procssor (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: CLEC Disaggregation Reporting: Statewide level (per multi-
aggregate, individual CLEC 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
*CO also reports an aggregate of IMA-GUI and IMA-EDI
results.
Formula:
PO-2A = ((Number of Electronic LSRs that pass from the Gateway Interface to the SOP without
human intervention) + (Total Number of Electronic LSRs that pass through the Gateway
Interface)) x 100
PO-2B = ((Number of flow-through-eligible Eleconic LSRs that actually pass from the Gateway
Interface to the SOP without human intervention) + (Number of flow-through-eligible
Electronic LSRs received through the Gateway Interface)) x 100
Exclusions:
· Rejected LSRs and LSRs containing CLEC-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.
Owest Idaho SGA T 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
Portabilty)PO-2B:.Local Number Portabilty.UNE-P (POTS) and UNE-P Resale:95%
(Centrex 21)Unbundled Loops:85%.Line Sharing LNP:95%
UNE-P (POTS & Centrex 21):95%
Line Sharinçi:Diagnostic NU I i: "
Availabilty: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
availabilty for enhancements to flow through. Matrix wil 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
Reporting Comparisons:
CLEC aggregate and
individual CLEC results
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 speified interface that are rejected during the reporting
period.
· Standard reasons for rejections are: missinglincomplete/mismatching/unintellgible information,
duplicate request or LSRlPON (purchase order number), no separate LSR for each account
telephone number affected, no valid contract, no valid end user verification, account not working in
Qwest territory, service-affecting order pending, request is outside established parameters for
service, and lack of CLEC response to Qwest question for clarification about the LSR.
· Included in the intervalis 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 Availabilty 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 followina website: htto:/Iw.Qwest.comlholesale/cm%ssHours.html.Reporting Period: One month Unit of Measure:
PO-3A-1, PO-3B-1 & PO-3C - Hrs: Mins.
PO-3A-2 & PO-3B-2 - Mins: Sees.
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
· PQ-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
Formula:
L ((Date and time of Rejection Notice transmittal) - (Date and time of LSR receipt)) -; (Total number of
LSR Rejection Notifications)
Exclusions:
· Records with invalid product codes.
· Records missing data essential to the calculation of the measurement per the PID.
· Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.)
· Invalid starUstoo dates/times.
Product Reporting: Not applicable (reported by
ordering interface).
Standards:
. PO-3A-1 and -3B-1 : ~ 12 business hours
. PO-3A -2 and -3B -2: ~ 18 seconds
· PO-3C: ~ 24 work week clock
hours
Availabilty: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 Dotential issues that miQht be raised by the indicator of LSR rejection notice intervals.
Description:
Measures the percentage of LSRs rejected (returned to the CLEC) for standard categories of
errors/reasons.
· Includes all LSRs submitted through the specified interface that are rejected or FOC'd during the
reporting period.
· Standard reasons for rejections are: missing/incomplete/mismatching/unintellgible information;
duplicate request or LSRlPON (purchase order number); no separate LSR for each account
telephone number affected; no valid contract; no valid end user verification; account not working in
Owest territory; service-affecting order pending; request is outside established parameters for
service; and lack of CLEC response to Owest uestion for clarification about the LSR.
Reporting Period: One month Unit of Measure: Percent of LSRs
Reporting Comparisons: CLEC aggregate and
individual CLEC results
Disaggregation Reporting:
Results for this indicator are reported according to
the gateway interface used to submit the LSR:
P0-4A-1 LSRs received via IMA-GUI and
rejected manually - Region wide
PO-4A -2 LSRs received via IMA-GUI and
auto-rejected - Region wide
P0-4B-1 LSRs received via IMA-EDI and
rejected manually - Region wide
PO-4B -2 LSRs received via IMA-EDI and
auto-rejected - Region wide
PO-4C LSRs received via facsimile -
Statewide
Formula:
((Total number of LSRs rejected via the specified method in the reporting period) + (Total of all LSRs
that are received via the specified interface that were rejected or FOC'd in the reporting period)) x 100
Exclusions:
· Records with invalid product codes.
· Records missing data essential to the calculation of the measurement per the PID.
· Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.)
. Invalid starUstop dates/times.
Product Reporting: Not applicable (reported by Standard: Diagnostic
orderinQ interface).Availabilty: Notes:
Available
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 13
PO-5 - Firm Order Confirmations (FOCs) On Time
Purpose:
Monitors the timeliness with which 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 notifcations.
. Includes all LSRs/ASRs that are submitted through the specified intenace or in the specified
manner (Le., facsimile) that receive an FOC during the reporting period, subject to exclusions
specified below. (Acknowledgments sent separately from an FOC (e.g., EDI997 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 notifcation (notification date and time).
. For PO-5B, 5C, and 5D, the interval measured is the period between the application 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-EDI, (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-EDI and involve manual
processing.
. "Manual" LSRs are received manually (via facsimile) and processed manually.
. ASRs are measured only in business days.
. LSRs wil be evaluated accrding 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 req~ested 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-EDI
. PO-5B:* FOCs provided for electronic/manual LSRs received via:
- PO-5B-1 IMA-GUI
- PO-5B-2 IMA-EDI
. PO-5C:* FOCs provided for manual LSRs received via Facsimile.
. PO-5D: 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
- ec) FOCs provided for LNP
Formula:
PO-5A = l(Count of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR received
date/time (based on scheduled up time))" is within 20 minutes) + (Total Number of original
FOC Notifications transmitted for the service category in the reporting periodH x 100
PO-5B, 5C, & 5D = l(Count of LSRs/ASRs for which the original FOC's "(FOC Notification Date & Time)
- (Application Date & Time)" is within the intervals specified for the service category involved)
+ (Total Number of original FOC Notifications transmitted for the service category in the
reporting periodn 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 projects..Hours on Weekends and holidays. (Except for PO-SA which only excludes hours outside the
scheduled up time)..LSRs with CLEC-requested FOC arrangements different from standard FOC arrangements..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.).Invalid starUstop dates/times.
Additional PO-50 exclusion:.Records with invalid a )plication or confirmation dates.
Product Reporting:Standards:
.For PO-SA (all):95% within 20 minutes NUII:;¿
.For PO-SA, -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
For PO-50: LIS Residence and Business POTS 1-39 lines .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 chanQes/adds/removals (all)
LNP 1-24 lines
Unbundled Loops 1-24 loops
2/4 Wire analog
DS3 CapableSub-loop 1-24 sub-loops
rincluded in Product Reporting group (b))
Line Sharing/Line Splitting/Loop Splitting
1-24 shared loops
rincluded in Product ReportinQ Qroup (b))
Unbundled Network Element-Platform (UNE-P POTS)
1 - 39 lines
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 15
PO-5 - Firm Order Confirmations (FOCs) On Time (continued)
1-10 lines
48 hours
1-3
1-24 trunks
1-24
1-24
1-3
25-49 lines
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 activit
- 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 Facilty Check(NOTE2.3) 1 - 24 loops
2/4 wire Non-loaded
ADSL compatible
ISDN capable
XDSL-I capable
DS1 capable
Resale
ISDN-PRI (Trunks)
For PO-50:
LIS Trunks
Notes:
1. LSRs with quantities above the highest number specified for
each product type are consideredlCB.
2. Unbundled Loop with Facilty Check can be processed
electronically; however, because this category always carries a
72-hour FOC interval the FOC results for this product wil
appear in PO-5B if received electronically or PO-5C if received
manually.
3. Unbundled Loop with Facility Check will not add an additional
24 hours to the 72-hour interval if the LSR is submitted
manually.
72 hours
1-12 trunks 96 hours
8 business
days1-240 trunk circuits
Availabilty:
Available
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 Owest 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 Owest Service Order Processor that generate completion
notifications in the reporting period, subject to exclusions shown below..The start time is the date/time when the last of the service orders that comprise the CLEC LSR is
posted as completed in the Service Order Processor..The end time is when the electronic order completion notice is made available (IMA-GUI) NOTE 1 or
transmitted (IMA-EDI) to the CLEC via the ordering interface used to place the local service
request. The notification is transmitted at an LSR level when all service orders that comprise the
CLEC LSR are complete..With hours: minutes reporting, hours counted are during the published Gateway Availability hours.
Gateway Availabilty hours are based on the currently published hours of availability found on the
followina website: http://ww.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((Date and Time Completion Notification made available to CLEC) - (Date and Time the
last of the service orders that comprise the CLEC LSR is completed in the Service Order Processor)) 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 invalid 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, separately, IMA-EDI (see disaggregation reporting).
Availabilty:Notes:
Available 1.The time a notice is "made available" via the IMA-GUI is the time Owest stores
a status update related to the completion notice in tlie 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.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 17
PO-7 - Biling Completion Notification Timeliness
Purpose:
To evaluate the timeliness with which electonic biling 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 bilina system (for Owest retail) within five business davs.
Description:
PO-7A& 7B:
. This measurement includes all orders posted in the CRIS billng system for which billng 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 billng 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 billng system, the electronic
biling 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 Biling 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 biling system.
. Intervals counted in the numerator of this measurement are those that are five business days or
less.
Reporting Period: One month
Reporting Comparisons:
PO-7A and -7B: CLEC
aggregate and individual CLEC
results.
PO-7C: Qwest retail results.
Formula:
For wholesale service orders Qwest generates for LSRs received via IMA:
PO-7 A = (Number of electronic biling completion notices in the reporting period made available
within five business days of posting complete in the SOP) + (Total Number of electronic
biling completion notices made available during the reporting period)
(Number of electronic biling completion notices in the reporting period transmitted
within five business days of posting complete in the SOP) + (Total Number of electronic
billng 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 Biling 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 biling system in the reporting
period that were posted within 5 business days) + (Total number of retail service orders
posted in the CRIS billna system in the reoortina period)
Qwest Idaho SGAT Th;rd 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 biled 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.7Aand -7B: Parity with PO-7C
GUI and, separately, IMA-EDI (see disaggregation
reporting).
Availabilty:Notes:
Available
Owest 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 reoortina oeriod that received jeopardy notifications.
Reporting Period: One month Unit of Measure: Average Business days 1'l1i: I
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
ReoortinaJ
Formula:
~(Date of the original due date of orders completed in the reporting period that received jeopardy
notification - Date of the first jeopardy notification) + Total orders completed in the reporting period
that received jeopardy notification)
Exclusions:.Jeopardies done after the original due date is past..Records involving offcial 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 Der 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 Portabilty)
C LIS Trunks C Parity with Feature Group 0 (FGD) services0UNE-P (POTS)o Parity with Retail POTS
Availabilty: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.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 20
PO-9 - Timely Jeopardy Notices
Purpose:
When original due dates are missed, measures the extent to which Owest notifies customers in
advance of ieooardized due dates.
Description:
Measures the percentage of late orders for which advance jeopardy notification is provided..Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Owest and which are completed/closed in the reporting period that missed the original due date.
Change order types included in this measurement consist of all C orders representing inward
activity..Missed due date orders with jeopardy notifications provided on or after the original due date is
past wil be counted in the denominator of the formula but wil 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 as
Owest Retail results used for the categories shown under Product Reportino.)
Formula:
((Total missed due date orders completed in the reporting period that received jeopardy notification in
advance of original due date) + (Total number of missed due date orders completed in the reporting
period)) x 100
Exclusions:.Orders missed for customer reasons..Records with invalid product codes..Records involving offcial company services..Records with invalid due dates or application dates..Records with invalid completion dates..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID.
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
Availabilty:Notes:
Available
Owest 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 subjec 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:
L(Count of Qwest due date changes on all orders) + (Total orders in reporting period)
Exclusions:.Customer requested due date changes..Records involving offcial 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
Availabilty: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 Owest to
CLECs within the intervals and scope specified within the change management plan found on Owests
ChanQe ManaQement Process, (CMP) website at http://ww.awest.comlwholesale/cmp/whatiscmp.html.
Description:
· Measures the percent of release notices that are sent by Owest within the intervals/timeframes
prescribed by the release notification procedure on Owests 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 ass interfaces:
- IMA-GUI, IMA-EDI;
- CEMR;
- Exchange Access, Control, & Tracking (EXACT); NOTE 3
- Electronic Bonding - Trouble Administration (EB - T A); NOTE 4
- lABS and CRIS Summary Bil 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 Owest relating to the following products and
service categories: LIS/Interconnection, Collocation, Unbundled Network Elements (UNE),
Ancilary, and Resale Products and Services.
- Includes OSS interface release notifications by Owest to CLECs for the following OSS
functions: Pre-Ordering, Ordering, Provisioning, Repair and Maintenance, and Biling.
- Includes Types of Changes as specified in the "Owest 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 Owest that provides the
Release Notification. NOTE 7
· Release Notifications sent after the date required by the (CMP) are considered untimely. Release
Notifications required but not sent are considered untimely.
Reporting Period: One month
Reporting Comparisons: CLEC Aggregate
Unit of Measure: Percent
Disaggregation Reporting: Region-wide leveL.
Formula:
((Number of required release notifications for specified OSS interface changes made within the reporting
period that are sent on or before the date required by the change management plan (CMP) + Total
number of required release notifications for specified OSS interface changes within reporting period)Jx100
Exclusions:
· Changes to be implemented on an expedited basis (exception to OSS notification intervals) as
mutually agreed upon by CLECs and Owest through the CMP.
· Chanaes where Owest and CLECs agree, throuQh the CMP, that notification is unnecessary.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 23
PO-16 Timely Release Notifications (continued)
Product Reporting:None Standards:
Vol. 1-10: No more than one
untimely notification
Vol. ~ 10: 92.5% timelv notifications
Availabilty:
Available
Notes:
1. The Qwest Wholesale C~ange Management Procss 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 Telecrdia system. Only release notifications for changes initiated
by Qwest for hardware or conneivity wil be included in this measurement.
4. EB-TA is the same system as MEDIACC.
5. CRIS, lABS, and Loss and Completions wil adhere to the notification intervals
documented in section 8.1 - Changes to Existing Application to Application
Interface.
6. The documents descnbed in secion "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 Specifcations (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
"Descnption" section of this PID. However, once implemented, the system wil
not be added to the measurement for purposes of measuring release, change
and retirement notifications unless specifically incorprated 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 abilty 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 (SATE) 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 StandAlone Test Environment (SATE).
· Test transactions wil be executed for each of the IMA releases supported in SATE utilzing all test
scenarios for each of the current versions of the IMA EDI Data Document - for the Stand Alone Test
Environment (SA TE).
· The successful execution of a transaction is determined by the Qwest Test Engineer according to:
- The expected results of the test scenario as described in the IMA EDI Data Document - for the
Stand Alone Test Environment (SATE) 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 wil 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 wil be executed within five business days of the numbered release
being originally installed in SATE. This five-business day period wil be referred to as the "Testing
Window."
- Mid-release monthly performance test transactions wil 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 wil 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.
- Comparabilty wil 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 wil be represented. NOTE2
- Pre-order, Order, and Post-order transactions (FOCs for flow-through products) are included.
· With respect to the comparability of the structure and content of results from SATE and production
environments, this measurement focuses only on the validity of the structure and the validity of the
content, per developer worksheets and EID mapping examples distributed as part of release
notifications. NOTE 3
Reporting Period:
PO-19A -- One month
PO-19B: -- One month (for those months in
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007
Unit of Measure:Percent
Page 25
PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued)
which release-related test transactions are
completed)
Reporting Comparisons: None Disaggregation Reporting:
PO-19A - Reported separately for each release tested
in the reporting period
PO-19B - None
Formula:
PO-19A
((Total number of successfully completed SATE test transactions executed for a Software Release or
between-releases performance test completed in the Reporting Period) + (Total number of SATE test
transactions executed for each Softare 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 Softare Release completed in the Reporting
Period) + (Total number of completed IMA EDI test transactions executed in SATE and production for
each new major IMA Softare Release completed in the Reporting Penod)) x 100
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 ændidate 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 Dupliæte LSR ændidate 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%Availabilty: Notes:Available 1. Transactions that are executed and found to
have inconsistencies with the data and format
rules wil be corrected and rerun. Rerun
volumes wil 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 Owests most
current IMA EDI Data and Disclosure
Documents.
2. The prouct and activity combinations that
make up the test decks for PO-19B wil be
updated after each major IMA softare release
and provided to CLECs with the publication of
IMA EDI Draft Interface Technical
Specifætions for the next major IMA softare
release as defined in the CMP process. All
combinations with EDI transaction volumes ;:
100 in the previous 12-month period wil be
included in the test deck. 75 days prior to the
execution of the test, Owest wil run a query
against IMA to determine which combinations
meet the criteria for inclusion (i.e., volumes ;:
100).
Owest 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 wil 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.
Owest 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 processes CLECs' Locl 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 orIMA-EDI) and manually processes in the creation of Service Orders, regardless of flow through
eligibilty, 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-eded line or feature USOCs.
. All Service Orders satisfying the above criteria are evaluated in this measurement. NOTE 2
· An inward line Service Order wil be classified as "accurate" and thus counted in the numerator in the
formula below when the mechanized comparisons of this measurement determine that the fields
specified in the Service Order Fields Evaluated section below (when the source fields have been properly
populated on the LSR) are all accurate on the Service Order. An inward feature Service Order wil be
classified as "accurate" if the fields specified in the Service Order Fields Evaluated section below (when
the source fields have been properly populated on the LSR) are all accurate on the Service Order and if
no CLEC notifications to the call center have generated call center tickets coded to LSRlSO mismatch for
that order.
- Service Orders wil 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 wil 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, wil not be counted as accurate if Owest corrects errors in its Service
Order(s) as a result of contacts received from CLECs no earlier than one business day prior to the
original due date.
Reporting Period: One month, reported in Unit of Measure:
arrears (Le., results first appear in report 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) + (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 missinçi 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)
Product Reporting:
· Resale and UNE-P (POTS and Centrex 21)
Standard:
95%
. Unbundled Loops (Analog and Non-Loaded 2/4-wire, DS1
Capable, DS3 and higher Capable, ADSL Compatible,
XDSL-I Capable, ISDN-BRI Capable)
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
LSR Name identifier in the Extended ID section of the Service Order.
Abbreviation
PON Purchase Order PON field of LSR form compared to the PON field in Bil
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
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 compared to provisioning USOC for CKL 1 on the Service
Order.
NCI Network Channel Applies only to Unbundled Loop NCI field on the LSR form
Interface Code compared to provisioning USOC for CKL 1 on the Service
Order.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 29
PO.20 (Expanded) - Manual Service Order Accuracy (continued)
LSR-8ervice Order Fields Evaluated
Mechanized comDarison of the fields from the Service Order to the LSR:
LSRField
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 InterLA T A Pre-PiC field on Resale or Centrex form compared to PiC
subscription populated on the "i" or "T" action lines in the Service and
Indicator Code Equipment section of the Service Order.
Note:
LSR PiC = None; S.O. PiC = None
Resale or LPIC IntraLATA Pre-LPIC field on Resale or Centrex form compared to LPIC
Centrex subscription populated on the "i" or "T" action lines in the Service and
Indicator Code Equipment section of the Service Order.
Note:
LSR LPIC = None; S.O. LPIC = 9199
LSR LPIC = DFL T; S.O. LPIC = 5123
TNS Telephone Validate that all telephone numbers in the TNS fields in the
Numbers Service Details section on the Resale or Centrex form
reauiring inward activitv are addressed on the Service Order.
FAJ Feature When the FA = N, T, V
FEATURE Activity/Feature Validate line and feature USOCs pr:ovided 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.
or Note: Comparison wil be based on the USOCs associated
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
ww.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
uPdatino the list.
LS ECCKT Exchange Applies to LSRs with ACT = C (only when NC coe has not
Company Circuit changed, M, or T.
10
ECCKT field on the LS form compared to the CLS field in the
Service and Equipment section of the Service Order.
Qwest Idaho SGA T 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:
LSRField
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 wil be FOC'd and PIA'd, which wil account
for the mismatch and eliminate it as an error in the PO-20
calculation.
LTV Listing Type LTV = 1 (Listed - appears in DA and the directory.) Validate
that there is a LN in the List section of the Service Order.
LTV = 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.
LTV = 3 (Non Pub - does not appear in the directory and
telephone number does not appear in DA.) Validate that
there is non published instructions in the LN field in the List-section of the Service Order.!/C)CentrallWestern Regions: Validate that the left handedc:;field is NP and (NON-PUB) is contained in the NP data fieldE.!!in the List section of the Service Order... ...2 c Eastern Region: Validate that the left handed field is NP
!/ ëõ and (NP LODA) or (NP NODA) is contained in the NP data~:æ
:; ji 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~t form is not populated):
.s .2 .TOA valid entries are B or RPu ;:Validate that there is a semi colon (;) within the LN in theQ) -.!: c List section of the Service Order.co
I "C .TOA valid entries are R or BP
.. .s Validate that there is a comma (,) within the LN in the Listc co::section of the Service Order.ji::Exception: When LSR-TOS = 3, TOA review is NotwApplicable. Handled by Complex Listing Group. Requires-
separate Service Order.
DML Direct Mail List DML field = 0 on DL form; Service Order LN contains
(OCLS).
NOSL No Solicitation Arizona Only
Indicator NOSL field = Y on DL form; Service Order LN contains
(NSOL) (OCLS).
TMKT Telemarketing Colorado Only
TMKT field = 0 on DL form; Service Order LN contains
(OATD).
When both the DML and the TMKT fields are populated, DML
validation applies.
LNLN and Listed Name LNLN and LNFN fields on DL form compared to the LN field
LNFN in the List section of the Service Order.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 31
PO.20 (Expanded) - Manual Service Order Accuracy (continued)
LSR-8ervice Order Fields Evaluated
Mechanized comparison of the fields from the Service Order to the LSR:
LSRField
Form Code LSR Field Name Remarks/Service Order Field:
AD!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 Suffx 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.
Suffx
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 orVonly.
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
ID 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 theCentrexUSOC 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 wil 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 wil be considered as follows:
If BLOCK contains A, validate FID TBE A is present on the
service order floated behind line USOC associated with the
TNS for that LNUM.
If BLOCK contains B, validate FID TBE B is present on the
service order floated behind line USOC associated with the
TNS for that LNUM.
If BLOCK contains C, validate FID TBE C is present on the
service order floated behind line USOC associated with the
TNS for that LNUM.
If BLOCK contains H, validate FID BLKD is present on the
service order floated behind line USOC associated with the
TNS for that LNUM.
DFDT Desired Frame Applicable only to orders for Resale and UNE-P (POTS and
Due Time Centrex 21)
DFDT field on the LSR form compared to the FDT field in the
Extended ID section of the Service Order.
LSR DDD Desired Due DDD field from the last FOC'd LSR compared to the original
Date or last subsequent due date in the Extended ID section on
the Service Order when no CFLAG/PIA is present on the
FOC. (Le. Evaluation includes recognition of valid differences
between DDD and Service Order based on population of the
CFLAG/PIA field on the LSRC (FOC))
LTN Listed Telephone For Resale and UNE-P (POTS and Centrex 21):l1Cl .. 'ü Number L TN field on the Listing form compared to the Main Accounti:.2 Cl Number of the Service Order.:¡l1 ;:.5::--
i: l1~ o::For Unbundled Loop: L TN field on the Listing form comparedoË"Ci:Õ 0 Q) .-to the TN floated after the LN in the Listing section of the.. - ns
l! ~ :æ Service Order.e ëã ëã
i :: (,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 B June 26, 2007 Page 33
Ordering and Provisioning
OP-2 - Calls Answered within Twenty Seconds - Interconnect Provisioning Center
Purpose:
Evaluates the timeliness of CLEC access to Qwests interconnection provisioning center(s) and retail
customer access to the Business Ofce, focusing on the extent calls are answered within 20 seconds.
Description:
Measures the percentage of (Interconnection Provisioning Center or Retail Business Offce) calls that
are answered by an agent within 20 seconds of the first ring..Includes all calls to the Interconnect Provisioning Center/Retail Business Offce 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 customets call is first placed in queue by the ACD (Automatic
Call Distributor)..Answer is defined as when the call is first picked UP bv the Qwest agent.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Region-wide leveL.
Qwest Retail results
Formula:
((Total Calls Answered by Center within 20 seconds) + (Total Calls received by Center)) x 100
Exclusions: Time spent in the VRU Voice Response Unit is not counted.
Product Reporting: Not applicable Standard: Parit
Availabilty: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 Owest installs services for Customers by the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
· All inward orders (Change, New, and Transfer order types) assigned a due date by Owest 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 activity. 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 Owest is counted asa 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 Owest changes a due date for Owest
reasons, the Applicable Due Date is the customer-initiated due date, if any, that is (a) subsequent to
the oriQinal due date and (b) prior to a Owest-initiated, chanQed 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" wil be reported according to orders involving:
individual CLEC OP-3A Dispatches within MSAs;
and Owest Retail OP-3B Dispatches outside MSAs; and
results OP-3C No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be disaggregated according to installations:
OP-3D In Interval Zone 1 areas; and
OP-3E In Interval Zone 2 areas.
Formula:
((Total Orders completed in the reporting period on or before the Applicable Due Date) + (Total Orders
Completed in the Reporting Period)) x 100
Exclusions:
· Disconnect, From (another form of disconnect) and Record order types.
· Due dates missed for standard categories of customer and non-Owest 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-Owest reasons are: Weather, Disaster, and Work Stoppage.
· Records involving offcial company services.
· Records with invalid due dates or application dates.
· Records with invalid completion dates.
· Records with invalid product codes.
· Records missing data essential to the calculation of the measurement per the PID.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 35
OP - 3 Installation Commitments Met (continued)
Product Reportina:Standards:
MSA- Tvoe Disaaareaation -.Resale
Residential single line service Parity with retail service
Business sinole line service Parity with retail service
Centrex Parity wih retail service
Centrex 21 Parity with retail service
DSO (non-desioned provisionino)Pari v with retail service
PBX Trunks (non-designed provisioning)Part y with retail service
Primary ISDN (non-desioned provisionino)Pari v 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 NUll: 1 Diagnostic
.Line Sharing 95%
.Sub-Loop Unbundling CO: 90%
All Other States: Diaonostic
Zone-Tvoe Disaaareaation-.Resale
Primary ISDN (desioned provisionino)Parity with retail service
Basic ISDN (designed provisioning)Parity with retail service
DSO (desioned provisionino)Parity with retail service
DS1 Parity with retail service
PBX Trunks (desioned provisionino)Parity with retail service
DS3 and higher bit-rate services Parity with retail service
(aooreoate f
Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group D (aggregate).Unbundled Dediæted Interoffce Transport (UDIT)
UDIT - DS11evei Parity with retail DS1 Private Line
UDIT -Above DS11evei Parity with retail Private Lines above DS1 level
Dark Fiber - IOF Diaonostic.Unbundled Loops:
Analoo Loop 90%
Non-loaded Loop (2-wire)90%
Non-loaded LOOD (4-wire)Parity with retail DS1 Private Line
DS1-æpable Loop Parity with retail DS1 Private Line
xDSL-1 æpable Loop 90%
ISDN-capable Loop Parity with retail ISDN BRI (desioned)
ADSL-qualified Loop 90%
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private
(aç¡ç¡reQate)Line services (aggregate)
Dark Fiber - Loop Diaonostic
Loops with Conditioning 90%.E911/911 Trunks Parity with retail E911/911 Trunks
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 36
OP - 3 Installation Commitments Met (continued)
.Enhanced.Extended Loops (EELs) - (DSO WA:90%
level)All Other States: Diagnostic.Enhanced Extended Loops (EELs) - (OS 1 90%
level).Enhanced Extended Loops (EELs) - (DS3 WA:90%
level)All Other States: Diagnostic
Availabilty:Notes:
Available 1.Reporting wil 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 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 days) NOTE 1 between the application date and the
completion date for service orders accpted and implemented.
· Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Qwest and which are completed/closed dunng the reporting penod, subject to exclusions specified
below. Change order types for additional lines consist of all C orders representing inward activity.
· Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
· The Applicable Due Date is the original due date or, if changed or delayed by the customer, the
most recently revised due date, subject to the following: If Qwest changes a due date for Qwest
reasons, the Applicable Due Date is the customer-initiated due date, if any, that is (ab subsequent
to the original due date and (b) prior to a Qwest-initiated, changed due date, if any. N TE 2
· Time intervals associated with customer-initiated due date changes or delays occurring after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest
Qwest-initiated due date, if any, followinq 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" wil 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" wil be disaggregated accrding to installations:
OP-4D In Interval Zone 1 areas; and
OP-4E In Interval Zone 2 areas.
Formula:
l:((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date
and the Applicable Date) - (Time intervals associated with customer-initiated due date changes or
delays occurring after the Applicable Due Date)) + Total Number of Orders Completed in the reporting
period
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 reporting Deriod.
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 offcial company services.
· Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
· Records missing data essential to the calculation of the measurement per the PID.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 38
OP-4 -Installation Interval (continued)
Product Reportina:I Standards:
MSA- Tvoe Disaooreoation -I.Resale
Residential single line service Parity with retail service
Business sinole line service Parity with retail service
Centrex Parity with retail service
Centrex 21 Parity with retail service
DSO (non-designed provisioninQ)Parity with retail service
PBX Trunks (non-desioned orovisioning)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 SolittnQ 3.3 days
.Looo SolittnQ NO i E 3 Diagnostic.Line Sharina 3.3 days.Sub-Loop Unbundling CO: 6 days
All Other States: DiaQnostic
Zone- Tvoe Disaaareoation -.Resale
Primary ISDN (desiQned provisioninQ)Parity with retail service
Basic ISDN(desioned provisioning)Parity with retail service
DSeJ (desiQned provisionino)Parity with retail service
DS1 Parity with retail service
PBX Trunks (desiQned provisioninQ)Parity with retail service
DS3 and higher bit-rate services Parity with retail service
(aooreoate f
Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group D (aggregate)
.Unbundled Dedicated Interoffce Transport (UDIT)
UDIT - DS11evei Parity with DS 1 Private Line Service
UDIT - Above DS1 level Parity with Private Lines above DS 1 level
Dark Fiber - 10F Diaçinostic.Unbundled Looos:
Analog Loop 6 days
Non-loaded Looo (2-wire)6 days
Non-loaded Looo (4-wire)Parity with retail DS 1 Private Line
DS1-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-caoable Looo 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
(aooreoate)(aQgregate)
Dark Fiber - Loop Diaonostic
Looos with Conditionino 15 days
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 39
OP-4 - Installation Interval (continued)
.E911/911 Trunks Parity with retail E911/911 Trunks.Enhanced Extended Loops (EELs) - (DSO Diagnostic
level)
.Enhanced Extended Loops (EELs) - (OS1 6 days
level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic
level)
Availabilty:Notes:
Available 1.For OP-4C, 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 product under OP-4C 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 (Le., with no
further changes) as the date on which it was set prior to the first
Qwest-initiated due date change, if any. Following the first Qwest-
initiated due date change, any further customer-initiated due date
changes or delays are measured as time intervals that are
subtracted as indicated in the formula. These delay time intervals
are calculated as stated in the description. (Though infrequent, in
cases where multiple Qwest-initiated due date changes occur, the
stated method for calculating delay intervals is applied to each pair
of Qwest-initiated due date change and subsequent customer-
initiated due date change or delay. The intervals thus calculated
from each pairing of Qwest and customer-initiated due dates are
summed and then subtracted as indicated in the formula.) The
result of this approach is that Qwest-initiated impacts on intervals
are counted in the reported interval, and customer-initiated impacts
on intervals are not counted in the reported intervaL.
3.Reporting wil bein at the time CLECs order the product, in any
quantity, for three consecutive months.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 40
OP-5 - New Service Quality
Purpose:
Evaluates the quality of ordering and installng 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. Chan~e order types considered in these
measurements consist of all C orders representing inward activity. OTE 1
· Orders for new service installations include conversions (Retail to CLEC, CLEC to CLEC, and same
CLEC converting between products).
· Provisioning or repair trouble reports include both out of service and other service affecting conditions,
such as features on a line that are missing or do not function properly upon conversion, subject to
exclusions shown below.
OP-5A: New Service Installation Quality Reported to Repair
. Measures the percentage of inward line service orders that are free of repair trouble reports NOTE 2
within 30 calendar days of installation completion, subject to exclusions below.
· Repair trouble reports are defined as 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 closed in the reporting period or the following
month, NOTE 4 subject to exclusions shown below. NOTE 5
· Qwest is able to open repair tickets for repair trouble reports received from 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 wil 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 durinQ 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 report 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 report counted are those that are defined
for OP-5A and OP-5B above. NOTE 7
Reporting Period: One month, reported in arrears (Le., results first appear
in reports one month later than results for measurements that are not
reported in arrears), in order to cover the 30-dav period followinQ 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 report as specified above) + (Number of inward line service
orders completed in the reporting period) x 100
Unit of Measure:
Percent
OP-5B = (Number of inward line service orders completed in the reporting period - Number of inward line
service orders with any provisioning trouble report as specified above) + (Number of inward line
service orders completed in the reporting period) x 100
OP-5T = ((Number of inward line service orders completed in the reporting period) - Number of inward line
service orders with repair or provisioning trouble reports as defined above under OP-5A or OP-5B,
as applicable) + (Number of inward line service orders completed in the reporting period) x 100
OP-5R = (Number of all repair and provisioning trouble reports, relating to inward line service orders closed in
the reporting period as defined above under OP-5A or OP-5B, that constitute additional repair and
provisioning trouble reports, within 30 calendar days following the installation date + Number of all
repair and provisioning trouble reports relating to inward line service orders closed In the reporting
period, as defined above under OP-5A or OP-5B) x 100
Exclusions:
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 (Workorce 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 installng 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, wil be considered as not in the
normal process of conversion and wil 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 reportinQ period with App Dates earlier than eiQht 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 wil 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 missing 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 companson 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 Qualitv (continued)
Product ReDortina:Standards:
ReDorted under OP-5A OP-5B OP-5T and OP-5R:
OP-5A OP-5B OP-5T &
OP-5RResale
Residential single line Parit with retail service 96.5%Diagnosticservice
Business single line Parity with retail service 96.5%Diagnostic
service
Centrex Parity with retail service 96.5%Diaanostic
Centrex 21 ParIty with retail service 96.5%Diaanostic
PBX Trunks Parity with retail service 96.5%Diaanostic
Basic ISDN .Paritv with retail service 96.5%Diaanostic
Primary ISDN Pari v with retail service 96.5%Diaanostic
DSO Pari v with retail service 96.5%Diaanostic
DS1 Paritv with retail service 96.5%Diaanostic
DS3 and higher bit-Parity with retail service 96.5%Diagnostic
rate services
(aaareaate)
Frame Relav Parity with retail service Diaanostic Diaanostic.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-PHCentrex21 ).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 Splittna IW I i: 0 Diaanostic Diaanostic Diaanostic
Line Sharing Parity with retail RES &96.5%Diagnostic
BUS POTS
Sub-Loop Unbundlina Diaanostic Diaanostic Diaanostic .
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%Diagnosticwire)BRI (desianed)
Non-loaded Loop (4-Parity with retail DS 1 96.5%Diagnostic
wire)
DS1-caoable Looo Paritv with retail DS 1 96.5%Diaanostic
xDSL-1 capable Loop Parity with retail DS 1 96.5%Diagnostic
Private Line
ISDN-capable Loop Parity with retail ISDN 96.5%Diagnostic
BRI (desianed)
ADSL-qualified Loop Parity with retail ISDN 96.5%Diagnostic
BRI idesianed)
Loop types of DS3 and Parity with retail DS3 96.5%Diagnostic
higher bit-rates and higher bit-rate
(aaareaate)services (aaareaate)
Dark Fiber - Loop Diaanostic Diaanostic Diaanostic
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 44
op- 5 - New Service Qualitv (continued)
.Enhanced Extended Loops Diagnostic until volume 96.5%Diagnostic
(EELs) - (DSO level)criteria are met
.Enhanced Extended Loops Parity with retail DS 1 96.5%Diagnostic
(EELs) - (DS1 level)Private Line.Enhanced Extended Loops Diagnostic until volume 96.5%Diagnostic
(EELs) - (above DS1 criteria are met
level)
ReDorted under OP-5A and under OP-5R (Der OP-5A sDecifications):
OP-5A OP-5R.LIS Trunks Parity with Feature Diagnostic
Group D (aggregate)
Unbundled Dedicated Interoffce Transport (UDIT)
UDIT (DS 1 Level)Parity with Retail Private Diagnostic
Lines (DS1)
UDIT (Above DS1 Level)Parity with Retail Private Diagnostic
Lines (Above DS 1 level)
Dark Fiber - IOF Diaçinostic Diaçinostic.E911/911 Trunks Parity with Retail Diagnostic
E911/911 Trunks
Availabilty: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 (Le., additional reports of
trouble related to the same newly-installed line/circuit that are received after the
preceding repair report is closed and within 30 days following installation
completion) to complete the determination of whether the newly-installed line/circuit
was trouble free within 30 days of installation.
3.Qwests repair management and tracking systems consist of WFA (Work Force
Administration), MTAS (Maintenance Tracking and AdministrationSystem),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 wil 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 wil be reduced
by the number of orders with repair troubles counted as a miss in OP-5A.
7.OP-5R wil be counted on a per ticket basis.
8.Reporting wil 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 Owest is late in installng 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-facilit reasons attbuted to Owest.
. Includes all inward orders (Change, New, and Transfer order types) that are
completed/closed during the reporting penod, later, due to non-facilty reasons, than the
Applicable Due Date recorded by Owest, 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 facilty reasons attbuted to Owest.
. Includes all inward orders (Change, New, and Transfer order types) that are
completed/closed dunng the reporting period later due to facilty reasons than the original
due date recorded by Owest, subject to exclusions specified below.
For both OP-6A and OP-6B:
. Change order types for additional lines consist of "C" orders representing inward activity.
. The Applicable Due Date is the onginal due date or, if changed or delayed by the customer, the most
recently revised due date, subject to the following: If Owest changes a due date for Owest 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 Owest-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 Owest-
initiated due date, if any, following the Applicable Due Date, from the subsequent customer-initiated
due date, if any. NOTE 2
Reporting Period: One month I Unit of Measure: Average Business Days
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: . Results for products/services listed under Product Reporting under "MSA-type
CLEC aggregate, Disaggregation" wil be reported for OP-6A and OP-6B according to ordersindividual CLEC involving:
and Owest 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 Interval Zone 1 areas; and
5. In Interval Zone 2 areas.
Formula:
OP-6A = L((Actual Completion Date of late order for non-facility reasons) - (Applicable Due Date of late
order) - (Time intervals associated with customer-initiated due date changes or delays
occurring after the Applicable Due Date)) + (Total Number of Late Orders for non-facility
reasons completed in the reporting period)
OP-6B = L((Actual Completion Date of late order for facilty reasons) - (Applicable Due Date of late
order)) - (Time intervals associated with customer-initiated due date changes or delays
occurring after the Applicable Due Date) + (Total Number of Late Orders for facility reasons
completed in the reporting period)
Owest 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 offcial company services..Records with invalid due dates or application dates..Records with invalid completion dates..Records with invalid product codes..Records missina data essential to the calculation of the measurement per the PID.
Product Reportina:Standards:
MSA-Tvne Disaooreaation-.Resale
Residential sinale line service Parity with retail service
Business sinQle line service Parity with retail service
Centrex Parity with retail service
Centrex 21 Parity with retail service
DSO (non-desiQned prövisioninQ)Parity with retail service
PBX Trunks (non-desianed provisionina)Parity with retail service
Primary ISDN (non-desiQned provisioninQ)Parity with retail service
Basic ISDN (non-desianed provisionina)Parity with retail service.Unbundled Network Element - Platform Parity with like retail service
(UNE-P) (POTS) .Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Parity with retail Centrex
(UNE-P) (Centrex).Line SolittinQ Parity with retail Res and Bus POTS.Loop SplittnQ NOTE 3 Diagnostic.Line SharinQ Parity with retail Res and Bus POTS.Sub-Loop Unbundlina Diagnostic
Zone-tvne Disaaareaation -.Resale
Primary ISDN (designed provisioning)Parity with retail service
Basic ISDN (desiQned provisionina)Parity with retail service
DSO (desianed 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
(aQareçiate)
Frame Relav Parity with retail service.LIS Trunks Parity with Feature Group D (aggregate).Unbundled Dedicated Interoffce Transport (UDIT)
UDIT - DS11evei Parity with retail DS 1 Private Line- Service
UDIT - Above DS1 level Parity with retail Private Line- Services above DS1
level
Dark Fiber - IOF Diaçinostic.Unbundled Loops:
Analoa Loop Parity with retail Res and Bus POTS with dispatch
Non-loaded Loop (2-wire)Parity with retail ISDN BRI desiçined
Non-loaded Loop (4-wire)Parity with retail DS 1 Private Line
DS1-capable Loop Parity with retail DS 1 Private Line
xDSL-1 capable Loop Parity with retail ISDN BRI designed
ISDN-capable Loop Parity with retail ISDN BRI desiçined
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
(açiçireçiate)Line services (aggregate)
Owest 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)
Availabilty: Notes:
Available 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 product 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 ocr, 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 wil begin at the time CLECs order the product, in any
Quantity, for three consecutive months.
Diagnostic
Parity with retail E911/911 Trunks
Diagnostic
OP-6A: Parity with retail DS1 Private Line
OP-6B: Diagnostic
Diagnostic
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
actuallv involved in disconnecting the loop from the Qwest network and connecting/testing the 1000.
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 wil 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:
¿(Completion time - Lift timeJ + (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 starUstoo 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)
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 49
OP-8 - Number Portabilty Timeliness
Purpose:
Evaluates the timeliness of cutovers of local number portabilty (LNPL.
Description:
OP-8B - LNP Timeliness with Loop Coordination (percentl: 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 cordination 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), "trigget' refers to the "10-digit
unconditional trigger" or Line Side Attribute (LSA) that is set or translated by Qwest.
· "Scheduled start time" is defined as the confirmed appointment time (as stated on the FOC), or a
newly negotiated time. In the case of LNP cutovers coordinated with loops, the scheduled time
used in this measurement wil 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 numbers and Centrex 21).
· LNP requests for which the records used as sources of data for these measurements have the
following types of errors:
- Records with no PON (purchase order number) or STATE.
- Records where triggers cannot be set due to switch capabilties.
- 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 starUstop dates/times or invalid frame due or scheduled date/times.
Product Reporting: None Standard:95%
Availabilty: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 Hour17 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 Projects scheduled due dates and scheduled start times wil 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 wil 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 wil be reported according to:
results OP-13A Cuts Completed On Time
OP-13B Cuts Started Without CLEC Approval
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 51
OP-13 - Coordinated Cuts On Time - Unbundled Loop (continued)
Formula:
OP-13A = ((Count of LSRs for Coordinated Unbundled Loop cuts completed "On Time") + (Total
Number of LSRs for Coordinated Unbundled Loop Cuts completed in the reporting period))
x 100
OP-13B = ((Count of LSRs for Coordinated Unbundled Loop cuts whose actual start time occurs
without CLEC approval) + (Total Number of LSRs for Coordinated Unbundled Loop Cuts
completed in the reporting period)) x 100
Exclusions:
Applicable to OP-13A:
. Loop cuts that involve CLEC-requested non-standard methodologies, processes, or timelines.
OP-13A & OP-13B:
. Records with invalid completion dates.
. Records missing data essential to the calculation of the measurement per the PID which are not
otherwise designated to be "counted as a miss".
. Invalid starVstop 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
Availabilty:
OP-13B: Di8Qnostic
Notes:
Available
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 52
OP-15 - Interval for Pending Orders Delayed Past Due Date
Purpose:
Evaluates the extent to which Owests pending orders are late, focusing on the average number of days the
pendina 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 Owest.
· Includes all pending inward orders (Change, New, and Transfer order types) for which the Applicable
Due Date recorded by Owest has been missed, subject to exclusions specified below. Change order
types included in this measurement consist of all "C" orders representing inward activity.
· 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 Owest changes a due date for Owest 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 Owest-initiated, changed due date, ifany. 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 Owest-
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 Owest facility reasons.
Reporting Period: One month Unit of Measure:
OP-15A - Average Business Days NOTE 2
OP-15B - Number of orders pending facilties
Disaggregation Reporting:
Statewide
Reporting Comparisons:
CLEC aggregate, individual CLEC, Owest 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 Owest 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 Owest facilty
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 missina data essential to the calculation of the measurement per the PID.
Owest 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
ForOP-15A:.Resale
Residential sinole line service Diagnostic Expectation: Parity with retail service
Business sinole line service Diaonostic Expectation: Parity with retail service
Centrex Diagnostic Expectation: Parity with retail service
Centex 21 Diaonostic Expecttion: Parity with retail service
PBX Trunk Diaonostic Expectation: Parity with retail service)
Basic ISDN Diagnostic Expectation: Parity with retail service
Primary ISDN Diaonostic Expectation: Parity with retail service)
DSO DiaQnostic Expectation: Parity with retail service)
DS1 Diagnostic (Expectation: Parity with retail service)
DS3 and higher bit-rate services Diagnostic (Expectation: Parity with retail service)
(aggregate)
Frame Relay 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 Splittil)g Diagnostic (Expectation: Parity with retail Res and
Bus POTS).Loop Splitting NOTE 3 Diagnostic
.Line Sharing Diagnostic (Expectation: Parity with retail Res and
Bus POTS).Sub-Loop Unbundlino Diagnostic.LIS Trunks Diagnostic (Expectation: Parity with Feature Group D
(aQQreQate)) (separately reported).Unbundled Dedicated Interoffce Transport (UDln
UDIT - DS11evei Diagnostic (Expecttion: Parity with DS1 Private
Line- Service)
UDIT -Above DS11evei Diagnostic (Expectation: Parity with Private Line-
Services above DS 1 level)
Dark Fiber - IOF 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)Diaonostic Expectation: Parity with retail DSn
DS1-capable Loop Diagnostic Expectation: Parity with retail DS 1 )
ISDN-capable Loop Diagnostic (Expectation: Parity with ISDN BRI
(desioned))
ADSL-qualified Loop Diagnostic (Expectation: Parity with retail ISDN BRI
(designed))
Loop types of DS3 or higher bit rate Diagnostic (Expectation: Parity with retail DS3 and
(aggregate)higher bit-rate services (aooreoate)
Dark Fiber - Loop Diagnostic.E911/911 Trunks Diagnostic (Expectation: Parity with retail E9111911
Trunks).Enhanced Extended Loops (EELs)Diagnostic
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 54
OP.15 - Interval for Pending Orders Delayed Past Due Date (continued)
Availabilty:
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 wil begin at the time CLECs order the product, in any quantity, for
three consecutive months.
Qwest Idaho SGAT Third Revision,. Eighth Amended Exhibit B June 26, 2007 Page 55
OP-17 - Timeliness of Disconnects associated with LNP Orders
Purpose:
Evaluates the quality of Qwest completing LNP telephone number porting, focusing on the degree to
which porting occurs without implementing associated disconnects before the scheduled time/date.
Description:
OP-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 CLEC 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 CLEC, where the CLEC submits a
timely request for delay of disconnection.
- A CLEC 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 CLEC requests for delaying the
disconnects.
- A CLEC 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 CLEC 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 CLEC orders for LNP TNs completed in the reporting period, subject to exclusions
specified below.Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC Aggregate Disaggregation Reporting: Statewide
and Individual CLEC
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.
Availabilty: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 customets call is first place 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 I.evel.
Qwest Retail levels.
Formula:
((Total Calls Answered by Center within 20 seconds) + (Total Calls received by Center)) x 100
Exclusions: Time spent in the VRU (Voice Response Unit) is not counted.
Product Reporting: None Standard: Parity
Availabilty: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 (Le., 24 hours
for out-of-service conditions).
Description:
Measures the percentage of out of service trouble reports, involving specified services, that are
cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers.
· Includes all trouble reports, closed during the reporting period, which involve a specified service
that is out-of-service (Le., unable to place or receive calls), subject to exclusions specified below.
· Time measured is from date and time that Owest 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" wil be disaggregated and reported according to trouble
individual CLEC reports involving:
and OwestRetail MR-3A Dispatches within MSAs;
results MR-3B Dispatches outside MSAs; and
MR-3C No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be disaggregated according to trouble reports involving:
MR-3D In Interval Zone 1 areas; and
MR-3E In Interval Zone 2 areas.
Formula:
((Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24
hours) + (Total Number of Out of Service Trouble Reports closed in the reporting period)) x 100
Exclusions:
. Trouble reports coded as follows:
- For products measured from MTAS data (products listed for MSA-type disaggregation),
trouble repos coded to disposition coes 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.
· 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 offcial 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.
Owest 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-Tvne Disaaareaation-.Resale
Residential sinale line service Pan iN with retail service
Business sinale line service Pan tv with retail service
Centrex Pan tv wit retail service
Centrex 21 Pan v with retail service
PBX Trunks Pan v with retail service
Basic ISDN Pari y 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 Panty with retail Centrex
(UNE-P) (Centrex).Line Solittina Panty with retail RES and BUS POTS.Looo Solitting NOTE 1 Diagnostic.Line Sharing Parity with retail RES and BUS POTS
.Sub-Loop Unbundling CO: Pantv with retail ISDN-BRI
All Other States: Diaanostic
Zone-tvDe Disaaareaation -.Unbundled Looos
Analog Loop Pantv with retail Res and Bus POTS
Non-loaded Loop (2 wire)Panty with retailISDN-BRI (desianed)
xDSL-1 capable LooD Pantv with retail DS1 Private Line
ISDN-caoable Looo Pant with ISDN-BRI (desianed)
ADSL-Qualified LooD Pantv with retaiIISDN-BRI (desianed)
Availabilty:Notes:
Available 1.Reporting wil 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 soecified services (i.e., 48 hours for service-affectinQ conditions).
Description:
Measures 'the percentage of trouble reports, for specified services, that are cleared within 48 hours of
receipt of trouble reports from CLECs or from retail customers.
· Includes all trouble reports, closed during the reporting period, which involve a specified service,
subject to exclusions specified below.
· Time measured is from date and time that Owest 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" wil be disaggregated and reported according to trouble
individual CLEC reports involving:
and Owest 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" wil 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-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.
· 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 offcial 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.
Owestldaho 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- TVDe Disaaareaation -.Resale
Residential sinQle line service Parity with retail service
Business single line service Pari y with retail service
Centrex Pari v with retail service
Centrex 21 Pari y with retail service
PBX Trunks Pari v with retail service
Basic ISDN Pari y with retail service.Unbundled Network Element - Platform Parity with appropriate retail service
(UNE-P) (POTS).Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Parity with retail Centrex
(UNE-P) (Centrex).Line Splitting Parity with retail RES and BUS POTS.Loop SplittinQ NUIt: 1 Diagnostic.Line SharinQ Parity with retail RES and BUS POTS.Sub-Loop UnbundlinQ Diagnostic
Zone- TVDe Disaaareaation -.Unbundled Loops:
Analog Loop Pari y with retail Res and Bus POTS
Non-loaded Loop (2 wire)Pari v with retailISDN-BRI (desiQned)
xDSL-1 capable Loop Pari y with retail DS1 Private Line
ISDN-capable Loop Pari v with retail ISDN-BRI (desiQned)
ADSL-Qualified Loop Parity with retaiIISDN-BRI (designed)
Availabilty:Notes:
Available 1.Reporting wil 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 (Le., 4 hours).
Description:
Measures the percentage of trouble reports for specified services that are cleared within 4 hours of
receipt of trouble reports from CLECs or from retail customers.
· Includes all trouble reports, closed during the reporting period, which involve a specified service,
subject to exclusions specified below.
· Time measured is from date and time that Qwest is first notified of the trouble by CLEe to date and
time trouble is cleared.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons:
CLEC aggregate, individual
CLEC and Qwest Retail results
Disaggregation Reporting: Statewide leveL.
Results for listed products wil be disaggregated according to trouble
reports:
MR-5A
MR-5B
In Interval Zone 1 areas; and
In Interval Zone 2 areas.
Formula:
((Number of Trouble Reports closed in the reporting period that are cleared within 4 hours) + (Total
Trouble Reports closed in the reporting period)) x 100
Exclusions:
· Trouble reports coded as follows:
- For products measured using WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and
Customer Provided Equipment (CPE).
· Subsequent trouble reports of any trouble before the original trouble report is closed.
· Information tickets generated for internal 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 missinQ data essential to the calculation of the measurement per the PIO.
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-Tvoe DisaQQreQation-.Resale
Primary ISDN Parity with retail service
DSO Parity with retail service
DS1 Parity with retail service
DS3 and higher bit-rate services Parity with retail service
(aQQreQate)
Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group D (aggregate)
.Unbundled Dedicated Interoffce Transport (UDIT)
UDIT - DS1 level Parity with DS1 Private Line Service
UDIT - Above DS1 level Parity with Private Line Services above DS1 level
.Unbundled Loops:
Non-loaded Loop (4-wire)Parity with retail DS 1
DS1-capable Loop Parity with retail DS 1
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services
(aQQreQate)(aQQregate).E911/911 Trunks Parity with retail E911/911 Trunks.Enhanced Extended Loops (EELs) - (DSO Diagnostic
level)
.Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS 1 Private Line
level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic
level)
Availabilty: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 long it takes to restore services to proper operation.
Description:
Measures the time actually taken to clear trouble reports.
· Includes all trouble reports closed during the reporting period, subject to exclusions specified below.
· Includes customer direct reports, customer-relayed reports, and test assist reports that result in a
trouble report.
· Time measured is from date and time that Owest 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" wil be reported accrding to trouble reports involving:
individual CLEC MR-6A Dispatches within MSAs;
and Owest Retail MR-6B Dispatches outside MSAs; and
results MR-6C No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be disaggregated according to trouble reports involving:
MR-6D In Interval Zone 1 areas; and
MR-6E In Interval Zone 2 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-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.
· 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 Owest 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 offcial 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.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 65
MR-6 - Mean Time to Restore (Continued)
Product Reporting:Standards:
MSA- TVDe Disaaareaation -.Resale
Residential sinale line service Parity with retail service
Business single line service Parit with retail service
Centrex Pari with retail service
Centrex 21 Parity wih retail service
PBX Trunks Parity with retail service
Basic ISDN Parity with retail service.Unbundled Network Element - Platform Parity with like retail service
(UNE-P) (POTS).Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Parity with retail Centrex
(UNE-P) (Centrex).Line Splitting Parity with retail RES and BUS POTS
.Loop Splittina NUIt: 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-.Resale
Primary ISDN Pari y with retail service
DSO Pari v with retail service
DS1 Pari y with retail service
DS3 and higher bit-rate services Parity with retail service
(aaareaate f
Frame Relay Pari with retail service.LIS Trunks Parity with Feature Group D (aggregate).Unbundled Dedicated Interoffce Transport (UDIT)
UDIT - DS11evei Parity with retail DS 1 Private Line
UDIT - Above DS1 level Parity with retail Private Lines above DS 1 level
Dark Fiber - IOF Diagnostic.Unbundled Loops:
Analoa Loop Pari y with retail Res and Bus POTS
Non-loaded Loop (2-wire)Pari y with retail ISDN BRI (designed)
Non-loaded Loop (4-wire)Pari y with retail DS1 Private Line
DS 1-capable Loop Pari y with retail DS 1 Private Line
xDSL-1 capable Loop Pari y with retail DS1 Private Line
ISDN-capable Loop Parity with retail ISDN BRI (designed)
ADSL-Qualified Loop Parity with retail ISDN BRI (desianed)
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private
(aggregate)Line services (aggregate)
Dark Fiber - Loop Diagnostic.E911/911 Trunks Parity with retail E911/911 Trunks.Enhanced Extended Loops (EELs) - (DSO Diagnostic
level).Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line
level)
.Enhanced Extended Loops (EELs) - (DS3 Diagnostic
level)
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 66
MR-6 - Mean Time to Restore (Continued)Availabilty: Notes:
Available 1. Reporting wil begin at the time CLECs order
the product, inany quantity, for three
consecutive months.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 67
MR-7 - 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 specifed Deriod (30 calendar davs),
Description:
Measures the percentage of trouble report 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 thirt (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 exclusionsspecified below. '
· In determining same service Owest wil 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 (Le., opened).
Reporting Period: One month, reported in Unit of Measure: Percent
arrears (Le., results first appear in report one
month later than results for measurements that
are not reported in arrears), in order to cover the
30-dav period following the initial trouble reDort.
Reporting Disaggregation Reporting: Statewide level.
Comparisons: . Results for producUservices listed in Product Reporting under "MSA-Type
CLEC Disaggregation" wil be reported according to trouble reports involving:
aggregate, MR-7 A 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" wil 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 calendar days of when the initial trouble report closed) + (Total number of Trouble Reports
Closed in the reporting period)) x 100
Exclusions:
· Trouble reports coded as follows:
- For products measured from MTAS data (proucts 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 (Workorce 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 offcial company services.
· Records with invalid trouble receipt dates.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 68
MR.7 - Repair Repeat Report Rate (Continued)
.Records with invalid cleared or closed dates..Records with invalid product codes..Records missina data essential to the calculation of the measurement per the PID.
Product Reportina:I Standards:
MSA-Tvoe Disaooreoation-.Resale
Residential sinale line service Parity with retail service
Business sinale 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 Disaooreoation -.Resale
Primary ISDN Parity with retail service
DSO Parity with retail service
DS1 Parity with retail service
DS3 and higher bit-rate services Parity with retail service
(aaareaatef
Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group D (aggregate).Unbundled Dedicated Interoffce Transport (UDIT)
UDIT - DS11evei Parity with retail DS 1 Private Line
UDIT - Above DS1 level Parity with retail Private Lines above DS1 level
Dark Fiber - IOF Diagnostic.Unbundled Loops:
Analoa Loop Parity with retail Res and Bus POTS
Non-loaded Loop (2-wire)Parity with retail ISDN BRI (designed)
Non-loaded Loop (4-wire)Parity with retail DS 1 Private Line
DS 1-capable Loop Parity with retail DS 1 Private Line
xDSL-1 capable Loop Parity with retail DS 1 Private Line
ISDN-capable Loop Parity with retail ISDN BRI (designed)
ADSL -Qualified Loop Parity with retail ISDN BRI (designed)
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private
(agaregate)Line services (aggregate)
Dark Fiber - Loop Diagnostic.E9111911 Trunks Parity with retail E911/911 Trunks
Owest 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 DS1 Private Line
level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic
level)
Availabilty:Notes:
Targeted availabilty with July 2004 1.Reporting wil begin at the time CLECs order
results reported in September 2004 the product, in any quantity, for three
consecutive months.
Owest 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 ofthe total installed base of the service or
element.
Description:
Measures trouble reports by product and compares them to the number of lines in service..Includes all trouble reports closed during the reporting period, subject to exclusions specified
below..Includes all applicable trouble reports, including those that are out of service and those that are
only service-affectinQ.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: Statewide leveL.
individual CLEC and Qwest Retail results
Formula:
((Total number of trouble reports closed in the reporting period involving the specified service
grouping) + (Total number of the specified services that are in service in the reporting period)) x 100
Exclusions:.Trouble reports coded as follows:-For products measured from MTAS data, trouble reports coded to disposition codes for:
Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous
- Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider).-For products measured from WFA data trouble reports coded to trouble codes for Carrier
Action (lEG) and Customer Provided Equipment (CPE)..Subsequent trouble reports of any trouble before the original trouble report is closed..Information tickets generated for internal Qwest system/network monitoring purposes..Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete..Records involving official company services..Records with invalid trouble receipt dates..Records with invalid cleared or closed dates..Records with invalid product codes..Records 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 71
MR-8 - Trouble Rate (continued)
Product Reporting:Standards:
Parity with retail RES and BUS POTS
Diagnostic
Parity with retail RES and BUS POTS
CO: Parity with retaillSDN-BRI
All Other States: Diagnostic· LIS Trunks Parity with Feature Group 0 (aggregate)
· Unbundled Dedicated Interoffce TransoortiUDlnUDIT - DS1 level Paritv with retail DS1 Private Line Service
UDIT - Above DS1 level Parity with retail Private Lines above DS1 levelDark Fiber - IOF Diaanostic
· Unbundled Loops:
AnaloQ Loop
Non-loaded Loop (2-wire)
Non-loaded Loop (4-wire)
DS1-capable Loop
xDSL-1 capable Loop
ISDN-capable Loop
ADSL-Qualified Loop
Loop types of DS3 and higher bit-rates
(aaareaate)
Dark Fiber - Loop
· E911/911 Trunks
· Enhanced Extended Loops (EELs) - (DSO
level)
· Enhanced Extended Loops (EELs) - (DS1
level)
· Enhanced Extended Loops (EELs) - (DS3
level)
. Resale
Residential single line service
Business sinQle line service
Centrex
Centrex 21
PBX Trunks
Basic ISDN
Primary ISDN
DSO
DS1
DS3 and higher bit-rate services
(aggregate)
Frame Relay
· Unbundled Network Element - Platform
(UNE-P) (POTS)
· Unbundled Network Element - Platform
(UNE-P) (Centrex 21 )
. Unbundled Network Element -
Platform(UNE-P) (Centrex)
. Line SplittinQ
. Loop SplittinQ NUIt: 1
. Line Sharing
. Sub-Loop Unbundling
Parity with retail service
Parit with retail service
Pariv with retail service
Paritv with retail service
Parity with retail service
Parity with retail service
Parity with retail service
Parity with retail service
Parity with retail service
Pariy with retail service
Parity with retail service
Parity with like retail service
Parity with retail Centrex 21
Parity with retail Centrex
Parity with retail Res and Bus POTS
Parity with retail ISDN BRI (designed)
Parity with retail OS 1 Private Line
Parity with retail OS 1 Private Line
Parity with retail OS 1 Private Line
Paritv with retail ISDN BRI (designed)
Parity with retail ISDN BRI (desiQned)
Parity with retail DS3 and higher bit-rate services
(aaareaate)
DiaQnostic
Parity with retail E911/911 Trunks
Diagnostic
Parity with retail DS1 Private Line
Diagnostic
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 72
MR-8 - Trouble Rate (continued)
Availabilty:
Available
Notes:
1. Reporting wil begin at the time CLECs order
the product, in any quantity, for three
consecutive months.
Qwestldaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 73
MR-9 - Repair Appointments Met
Purpose:
Evaluates the extent to which Owest repairs services for Customers bv 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 repoing 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 wil be disaggregated and reported
aggregate, individual according to trouble reports involving:
CLEC and Owest 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) + (Total Trouble Reports Closed in the
Reporting Period)) x 100
Exclusions:
· Trouble reports coded as follows:
- For products measured from MTAS data, trouble reports coded to disposition codes for:
Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous
- Non-Dispatch, non-Owest (includes CPE, Customer Instruction, Carrier, Alternate Provider).
· Subsequent trouble reports of any trouble before the original trouble report is closed.
· Information tickets generated for internal Owest system/network monitoring purposes.
· Time delays due to "no access" are excluded from repair time by using the rescheduled
appointment time to determine if the repair appointment is met.
· Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
· Records involving offcial 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
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 74
MR-10 - Customer and Non-Qwest Related Trouble Reports
Purpose:
Evaluates the extent that trouble reports were customer related, and provides diagnostic information
to help address potential issues that might be raised by the core maintenance and repair performance
indicators.
Description:
Measures the percentage of all trouble reports that are attributed to the customer as a percentage of
all trouble reports resolved during the reporting period, subject to exclusions specified below.
Includes trouble reports closed during the reporting period coded as follows:.For products measured from 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-Owest (includes CPE, Customer Instruction, Carrier, Alternate Provider) and trouble
reports involving a "no access" delay for MSA type disaggregated prodUcts..For products measured from WFA (Workforce Administration) data trouble reports coded to
trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE).
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: Statewide leveL.
individual CLEC and Owest Retail results
Formula:
((Number of Trouble Reports coded to disposition codes specified above).. (Total Number of Trouble
Reports Closed in the Reporting Period)) x 100
Exclusions:.Subsequent trouble reports of any trouble before the original trouble report is closed.Information tickets generated for internal Owest system/network monitoring purposes..Records involving offcial company services..Records with invalid trouble receipt dates..Records with invalid cleared or closed dates..Records with invalid product codes.
.Records missing data essential to the calculation of the measurement per the PID.
.Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 75
MR-10 Customer and Non-Qwest Related Trouble Reports (continued)
Product Reoortina:Standards:.Resale
Residential sinQle line service DiaQnostic
Business sinQle line service Diagnostic
Centrex Diagnostic
Centrex 21 DiaQnostic
PBX Trunks Diagnostic
Basic ISDN DiaQnostic.Unbundled Network Element - Platform Diagnostic
(UNE-P) (POTS).Unbundled Network Element - Platform Diagnostic
(UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Diagnostic
(UNE-P) (Centrex).Resale
Primary ISDN Diagnostic
DSO DiaQnostic
DS1 Diagnostic
DS3 and higher bit-rate services Diagnostic
(aQQreQate)
Frame Relay Diagnostic.LIS Trunks Diagnostic.Unbundled Dedicated Interoffce Transport (UDIT)
UDIT - OS 1 level Diagnostic
UDIT -Above DS11evei DiaQnostic.Unbundled Loops:
Analog 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 DiaQnostic
ADSL-qualified Loop Diagnostic
Loop types of DS3 and higher bit-rates Diagnostic
(aQQreQate).E911/911 Trunks Diagnostic
Availabilty:Notes:
Available
Owest 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 reoorts are cleared within 48 hours.
Description:
MR-11A: Measures the percentage of specified LNP-only (Le., not unbundled-loop), residence and
business, out-of-service trouble reports that are cleared within four business hours of Owest
receiving these trouble reports from CLECs.
· 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-11B: Measures the percentage of specified LNP-only trouble reports that are cleared within 48 hours
of Owest receiving these trouble reports from CLECs.
· 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 Owest in
response to CLEC/customer request for disconnection of service ported via LNP or, if CLEC submits
to Owest a timely or untimely request for delay of disconnection, it is the CLEC/customer-requested
later date/time.
· A request for delay of disconnection is considered timely if received by Owest before 8:00 p.m. MT
on the due date that Owest has on record at the time of the request.
· A request for delay of disconnection is considered untimely if received by Owest 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 Owest receives the trouble report to the date and time
trouble is cleared.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC Aggregate and
Individual CLEC
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 Owest executed before the currently-scheduled
due date/time, that were closed in the reporting period and cleared within four business
hours) + (Total Number of specified out of service LNP-only Trouble Reports for LNP-related
troubles confirmed to be caused by disconnects that Owest executed before the currently-
scheduled due date/time, that were closed in the reporting period)) x 100
MR-11 B = ((Number of specified LNP-only Trouble Reports closed in the reporting period that were
cleared within 48 hours) + (Total Number of specified LNP-only Trouble Reports closed in the
reporting period)) x 100
Owest 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-Owest reasons
· Trouble reports not related to valid requests (LSRs) for LNP and associated disconnects.
· Subsequent trouble report of LNP trouble before the original trouble report is closed.
· For MR-11B only: Trouble reports involving a "FlO accss" delay.
· Information tickets generated for internal Owest system/network monitoring purposes.
. 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 per the PID.
Product Reporting: LNP Standards:
MR-11A:
· If OP-17 result meets its standard, the MR-11A standard is Diagnostic.
· If OP-17 result does not meet its standard, the MR-11A standard is as
follows:
- For 0-20 trouble report*: 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 report**: The lesser of 95% or Parity with MR-4C
results for Retail Residence and Business
* Based on MR-11A denominator.
Availabilty:
Available
** Based on MR-11B denominator.
Notes:
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 78
Biling
81.1 - 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 indus~ standard
electronically transmitted usage records for feature group switched access,N TE 1 local
measured usage, local message usage, toll usage, and local exchange service components
priced on a per-use basis, subject to exclusions specified below.
BI-1 B - Measures the percent of recorded daily usage for Jointly provided switched access provided
within four days. This includes usage created by the CLEC and 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, axx access, and 900 access and their
successors or similar Switched Access services.
BI-1 C - Provides separate reporting for two elements captured in BI-1A above, as follows:
· BI-1C-1 - Measures recorded daily usage for UNEs and Resale and includes industrY
standard electronically transmitted usage records for feature group switched access, NOTE 1
subject to exclusions specified below.
· BI-1C-2 - Measures recorded daily usage for UNEs and Resale and includes industry
standard electronically transmitted usage records for local measured usage,local
message usage, toll usage, and local exchange service components priced on a per-use
basis, subject to exclusions specified below.Reporting Period: One month Unit of Measure:
BI-1A, BI-1C-1, BI-1C-2: Average Business DaysBI-18: Percent
Reporting Comparisons: CLEC aggregate, Disaggregation Reporting: State leveL
individual CLECs, and Qwest Retail results
Formula:
BI-1A, BI-1C-1, BI-1C-2 (for specified products & records) = ¿(Date Record Transmitted or made
available - Date Usage Recorded) + (Total number of records)
BI-1 B = ((# of daily usage records for Jointly provided switched access sent within four days) + (Total
daily usage records for Jointly provided switched access in the report period)) x 100
Exclusions:
· Instances where the CLEC requests other than daily usage transmission or availabilty.
. Duplicate records.
Product Reporting:
. UNEs and Resale
· Jointly-provided Switched Access
Standards:
BI-1A: Parity with Qwest retaiL.
BI-18: 95% within 4 business days
BI-1 C-1, BI-1 C-2: Diagnostic Comparison with the
Qwest Retail results used in standard for
BI-1A
Availabilty:
Available
Notes:
1. "Feature group switched access" includes all
type 11 OXX detail records for Feature
Groups A, B, C, and D.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 79
81.2 - Invoices Delivered within 10 Days
Purpose:
Evaluates the timeliness with which Owest delivers industr standard electronically transmitted bils to
CLECs, focusino on the oercent 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 bil date and bil delivery..Includes all industry standard eleconically transmitted invoices for locl exchange services and
toll, subject to exclusions specified below.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: Combined Owest Disaggregation Reporting: State level
Retail/CLEC results (Parity by design)
Formula:
((Count of Invoices for which Bil Transmission Date to Bil Date is ten calendar days or less) + (Total
Number of Invoices)) x 100
Exclusions:.Bils 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
Owest 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 Owest bills CLECs, focusing on the percentage of biled revenue
adiusted due to errors.
Description:
Measures the biled revenue minus amounts adjusted off bils due to errors, as a percentage of total
biled revenue..Both the biled revenue and amounts adjusted off bils due to error are calculated from bils
rendered in the reporting period.."Amounts adjusted off bils due to errors" is the sum of all bil adjustments made in the reporting
period that involve, either in part or in total, adjustment codes related to billng errors. (Each
adiustment thus aualifvina is added to the sum in its entirety.)
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: State level.
individual CLECs, and Owest Retail results
Formula:
(L(Total Billed Revenue Biled in Reporting Period - Amounts Adjusted Off Bils Due to Errors) + (Total
Biled Revenue biled in Reporting Period)) x 100
Exclusions:
. BI-3A - UNEs and Resale - None
· BI-3B - Reciprocal Compensation Minutes of Use - Biling 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%
Availabilty:Notes:
Available
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 81
BI-4 - Biling Completeness
Purpose:.UNEs and Resale - Evaluates the completeness with which Qwest reflects non-recurring and
recurring charges associated with completed service orders on the bils..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 bils.
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) bil.*
* Correct bil = next available bil
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 = (I(Count of service orders with non-recurring and recurring charges
associated with completed service orders on the bils that are biled on the correct bil -; total
count of service orders with non-recurring and recurrng charges associated with completed
service orders biled on the bil)) x 100
BI-4B - Reciprocal Compensation MOU = (I(Revenue for Local Minutes of Use biled on the correct*
bil -; 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 bils.
BI-4B - Reciorocal Comoensation (MOU): 95%
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 82
Database Updates
08-1 - Time to Update Databases
Purpose:
Evaluates the time reauired for uodates 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
totallna the update times from individual E911 database update records.Reporting Period: One month Unit of Measure:
E911 - Hrs: Mins.
L1DB & Directory Listings - Seconds
Disaggregation Reporting:
DB-1A: E911 for Owest Retail and Res.eller
CLEC-State level
DB-1 B: L1DB for Owest Retail, Reseller CLEC
and Facilities Based CLEC - Multi
state region-wide level
DB-1 C-1: Listings for all Provider types including
Owest Retail, Reseller CLEC, and
Facilities Based CLEC, ILEC and
Unknown Provider, Electronically
Submitted, Electronically Processed-
Sub-region applicable to state
Reporting Comparisons:
DB-1 A - E911 : Combined results for Owest Retail
and Reseller CLEC Aggregate;
DB-1 B - L1DB: Combined results for all Owest
Retail, Reseller CLEC and Facilties Based CLEC
updates;
DB-1 C-1 - Listings: Combined results for all
Provider types including Owest Retail, Reseller
CLEC, and Facilities Based CLEC, ILEC and
Unknown Provider, Electronically Submitted,
Electronically Processed updates. NOTE 1
Formula:
¿((Date and Time of database update for each database update as specified under Disaggregation
Reporting in the reporting period) - (Date and Time of submissions of data for entry into the database
for each database update as specified under Disaggregation Reporting in the reporting period)) + Total
database updates as specified under Disaggregation Reporting completed in the reporting period
Exclusion:
. Invalid startstop dates/times.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 83
08-1 - Time to Update Databases (continued)
Product Reporting:Standards:
Not applicable (Reported by database type)OB-1A-E911: Parity by design
OB-1 B-L10B: Pariy by design
OB-1 C-1 - Listings: Panty by design
Availabilty:Notes:
Available 1.Because they cannot be separated, results for Owest Retail, Reseller
CLEC, Facilties-based CLECs, ILEC and Unknown Provider updates
are reported combined within these disaggregations.
Owest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 84
08-2 - Accurate Database Updates
Purpose:
Evaluates the accuracy of database uodates completed without errors in the reporting penod.
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
reoortinQ oeriod.
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 Facilties-CLEC, and Facilties-Based CLEC Electronically
Based CLEC Electronically Submitted,Submitted, Electronically Processed updates:
Electronically Processed updates Statewide
Formula:
(Total database updates as specified under Disaggregation Reporting completed without errors in the
reporting period -; Total database updates as specified under Disaggregation Reporting completed in
the reporting period) x 100
Exclusions:
Invalid starUstop dates/times.
Product Reporting:Standards:
Not applicable (Reported by database type)DB-2C-1 - Listings: Parity by design NOTE 1
Availabilty: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
long it takes for calls to be answered.
Description:
Measures the average time following first ring until a call is first picked up by the Qwest agent/system
to answer Directory Assistance calls..Includes all calls to Qwest directory assistance during the reporting period..Because a system (electronic voice) prompts for city, state, and listing requested before the actual
operator comes on the line, the first ring is defined as when the voice response unit places the call
into queue..Measurements are taken by sampling calls from the network queue at 10-second intervals. A
count of calls in the queue is taken for every sampling event (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, Le., are effectively counted as a zero intervaL. However, this
situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling
time, and which are counted as 10 seconds. The call intervals shorter than 10 seconds that are
counted as 10 seconds are offset bv those calls shorter than 10 seconds that are not counted.
Reporting Period: One month Unit of Measure: Seconds
Reporting Comparisons: Results for Qwest and Disaggregation Reporting:
all CLECs are combined.Sub-region applicable to state
Formula:
:L((Date and Time of Call Answer) - (Date and Time of First Ring)) + (Total Calls Answered by Center)
Exclusions: Abandoned Calls are not included in the total number of calls answered by the center.
Product Reporting: None Standard: Parity by design
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 86
Operator Services
OS.1 - Speed of Answer - Operator Services
Purpose:
Evaluates timeliness of customer access to 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, Le., are effectively counted as a zero intervaL.However, this
situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling
time, and which are counted as 10 seconds. The call intervals shorter than 10 seconds that are
counted as 10 seconds are offset bv those calls shorter than 10 seconds that are not counted.
Reporting Period: One month Unit of Measure: Seconds
Reporting Comparisons: Qwest and all CLECs Disaggregation Reporting:
are aggregated in a single measure.Sub-region applicable to state
Formula:
l:((Date and Time of Call Answer) - (Date and Time of First Ring)) + (Total Calls Answered by Center)
Exclusions: Abandoned Calls are not included in the total number of calls answered by the center.
Product Reporting: None Standard:Parity by design
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 87
Network Penormance
NI.1 - Trunk Blocking
Purpose:
Evaluates factors affecting completion of calls from Owest end offces to ClEC end offces, compared with
the completion of calls from Owest end offces to other Owest end offces, 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
r:roups that are in service durinr: 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:
Owest Interoffce trunk NI-1A Interconnection (LIS) trunks to Owest tandem offces, with TGSR-
blocking results. related exclusions applied as specified below;
NI-1B LIS trunks to Owest end offces, with TGSR-related exclusions
applied as specified below;
NI-1C LIS trunks to Owest tandem offces, without TGSR-related
exclusions;
NI-1D LIS trunks to other Owest end offces, without TGSR-related
exclusions.
Formula:
~(L(Blockage in Final Trunk Group of Specified Type)x(Number of Circuits in Trunk Group)) + (Total Number
of Final Trunk Circuits in all Final Trunk Groups)) x 100
Explanation: Actual average percentage of trunk blockage is calculated by dividing the equivalent average
number of trunk circuits blocking by the total number of trunk circuits in final trunks of the type being
measured.
Exclusions:
For NI-1A and NI-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 3);
b) Trouble Reports; or
c) Notification of traffic 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 Owest 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 facilties to fulfill LIS requests for which the ClEC did not provide a timely
forecast to Owest. (This portion of the exclusion is limited to being applied in (a) the month the LIS
requests could not be fulfilled, due to lack offacilties, and (b) each month thereafter up to the month
following facilty availabilty OR ~ to five months after the month the LIS requests could not be
fulfiled, whichever.is sooner NO 4); or
- Isolated incidences of blocking, about which Owest 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 Owest, and (c) thus, do not require an actionable TGSR.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 88
NI-1 - Trunk Blockina (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 CLEC end offces.
· Owest official services trunks, local interoffice operator and directory assistance trunks, and local
interoffce 911/E911 trunks.
· Records with invalid product codes.
· Records missina data essential to the calculation of the measurement per the PID.
Product Reporting: Standards:
LIS Trunks Where NI-1A ~ 1%:
Where NI-1A;: 1%:
Where NI-1B ~ 1%:
Where NI-1B;: 1%:
NI-1C and NI-1D:
1 %
Parity with Owest Interoffice Trunks to tandems
1 %
Parity with Owest Interoffice Trunks to end offces
Diaanostic NOTE 5
Availabilty:
Available
Notes:
1. Owest uses TGSRs to notify CLECs when trunk blocking exceeds standard thresholds or is
determined to be persistent. To respond properly to TGSRs, a CLEC must (a) submit
within 20 days ASRs to provide necessary trunk augmentations to avoid further blocking,
(b) notify Owest within 20 days that it is initiating a Trouble Report where Owest traffc
routing problems are causing the blocking referenced by the TGSR, or (c) notify Owest that
the CLEC wil undertake its own re-routing of traffc 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 wil 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 CLEC'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. CLEC delays are reflected by CLEC-initiated order supplements that move the due date
later.
a) Owest-initiated due date delays, including supplements made pursuant to Owest
requests to delay due dates, shall not be counted as CLEC delays in this
measurement.
b) Owest-initiated due date changes to earlier dates that the CLEC does not meet sh~1I
not be counted as a CLEC delay in this measurement unless the earlier dates were
mutually agreed-upon.
c) CLEC delays (e.g., "customer not ready" in advance of a due date) that do not
contribute to a Owest-established due date being missed shall not be counted as a
CLEC 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 CLEC forecast, Owest stil retains a responsibilty to
provide facilities for the ASR, although in a longer timeframe than for ASRs covered by
forecasts, NI-1C and NI-1D wil 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-1C and NI-1D wil be reported for information purposes only, with no standard to be
applied.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 89
NP.1 - NXX Code Activation
Purpose:
Evaluates the timeliness of Owests NXX code activation pnor 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-1B: Measures the percentage of NXX codes activated in the reporting period that are delayed
beyond the LERG date or "revised" date due to Owest-caused Interconnection facilty delays,
subject to exclusions shown below. Included among activations counted as a Owest delay in
this sub-measurement are cases in which "2-6 codes" NOTE 1 associated with the Owest
interconnection facilities are provided late by Owest to the CLEC.
· Owest must receive complete and accurate routing information required for code activation, which
includes but is not limited to "2-6 codes" for all interconnecion 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 Owest 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
Owest.
· NXX code activation is defined as complete when all translations associated with the new NXX are
complete by 11 :59 p.m. of the day prior to the date identified in the LERG or the "revised" date (if
different than the LERG date).
· The NXX code activation completion process includes testing, including calls to the test number
when orovided.Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate, Disaggregation Reporting: Statewide.
individual CLEC and Owest Retail results.
Formula:
NP-1A = ((Number of NXX codes loaded and tested in the reporting period prior to the LERG effective
date or the "revised" date) + (Number of NXX codes loaded and tested in the reporting
period)) x 100
NP-1 B = ((Number of NXX codes loaded and tested in the reporting period that were delayed past the
LERG effective date or "revised" date affected by Owest Interconnection Facilty 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 Facilty Delays)) x 100
Exclusions:
NP-1A:
· NXX code activations completed after the LERG date or "revised" date due to delays in the
installation of Owest provided interconnection facilties associated with the activations. NOTE 2
NP-1A and NP-1B:
· NXX codes with LERG dates or "revised" dates resulting in loading intervals shorter than
industry standard (currently 45 calendar days).
· NXX codes where OWEST received complete and accurate routing information required for
code activations less than 25 days pnor to the LERG due date or Revised due date.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 90
Np.1 - NXX Code Activation (continued)
Product Reporting: None Standards:
NP-1A: Parity
NP-1B: Diagnostic
Availabilty:Notes:
Available 1."2-6 codes" are industr-standard
designators for local interconnection trunk
groups, consisting of 2 alpha letters and six
numeric digits.
2.Only Owest-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.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 91
Collocation
CP-1 - Collocation Completion Interval
Purpse:
Evaluates the timeliness of Qwests installation of collocation arrangements for CLECs, focusing on the
average time to complete such arrangements.
Description:
Measures the interval between the Colloction 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 reportng penod, subject to exclusions specified below.
. Collocation types included are: physical cageless, ¡hysical caged, shared physical caged, physical-
line sharing, cageless-Iine 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 colloction space, obtaining permits, and
installng 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 accrding 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 Colloction Application Date for
collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar
days in advance of the Colloction 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 Colloction 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
colloctions for which the CLEC provides a complete forecast to Qwest 60 or more calendar
days in advance of the Collocation Application Date.
Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest, for
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 92
CP-1 - Collocation Completion Interval (continued)
collocations for which the CLEC does not provide a forecast to Owest 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 Owest
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 Owest, for
collocations for which the CLEC provides a complete forecast to Owest 60 or more calendar
days in advance of the Collocation Application Date.
- Unforecasted Collocations: 75 calendar days after the equipment is provided to Owest, for
collocations for which the CLEC does not provide a forecast to Owest 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 Owest for collocations in which Major Infrastructure
Modifications are required. Owest wil 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 wil be individually negotiated. These collocation arrangements wil be
included in CP-1A, -1B, or -1C 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
Owests control, but not for Owest 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-1 C 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-1B and CP-1C)
L((Collocation Completion Date) - (Complete Application Date)) -: (Total Number of Collocations
Completed in Reporting Period)
Owest 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 Colloction 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 Colloction Application Date to RFS date.
. CP-1C: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 121
calendar days or longer than 150 calendar days from Collocation Application Date to RFS date.
. Cancelled or expired applications.
Product Reporting: None Standards:
CP-1A: 90 calendar days
CP-1 B: 120 calendar days
CP-1C: 150 calendardavs
Availabilty:
Available
Notes:
1. Colloctions covered by this measurement are central offce related. As
additional types of central offce collocation are defined and offered, they
wil be included in this measurement. Non-central offce-based types of
collocation (such as remote colloction and field connection points) wil be
considered for either inclusion in this measurement, or in new, separate
measurements, after the terms, conditions, and processes for such
collocation types beome finalized, accepted, mature (i.e., six months of
experience from first installations), and ordered in volumes warranting
reportinQ (i.e., consistentlv more than two per month in any state).
Owest 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 Owest completes collocation arrangements for CLECs within the standard
intervals or intervals established in interconnection agreements.
Description:
Measures the percentage of collocation applications that are completed within standard intervals, including
intervals set forth in interconnection agreements.
· Includes all collocations of types specified herein that are assigned a Ready for Service Date RFS date by
Owest 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 caßeless, physical caged, shared physical caged, physical-line
sharing, cageless-Iine sharing, and virtual. OTE 1
· The Collocation Application Date is the date Owest receives from the CLEC a complete and valid
application for collocation. In cases where the CLEC's collocation application is received by Owest 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
installng DC power plant, standby generators, heating, venting or air conditioning equipment.
· A collocation arrangement is counted as met under this measurement if its RFS date is met.
· Establishment of RFS Dates: RFS dates are established as follows, except where interconnection
agreements require different intervals, in which case the intervals specified in the interconnection
agreements apply:
· Collocation Applications with Timely Quote Acceptance and, for Virtual Collocations, also with
Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in seven
or fewer calendar days after the quote date and, for virtual collocations, where the CLEC provides the
equipment to be collocated to Owest 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 Owest 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 Owest 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 Owest 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 Owest 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 Owest 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 Owest 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 Owest, for
collocations for which the CLEC provides a complete forecast to Owest 60 or more calendar days
in advance of the Collocation Application Date.
- Unforecasted Collocations: 75 calendar days after the equipment is provided to Owest, for
collocations for which the CLEC does not provide a forecast to Owest 60 or more calendar days in
advance of the Collocation Application Date.
· Virtual Collocation Applications with Late Quote Acceptance and Late Equipment Ready - for
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 95
CP-2 - Collocations Completed within Scheduled Intervals (continued)
virtual colloction 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 colloctions, 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 wil be individually negotiated. These collocation arrangements wil be included in
CP-2A, -28, 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 thirt 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-28 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, CP-28 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 & -28: 90%
CP-2C: 90%
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit 8 June 26, 2007 Page 96
CP-2 - Collocations Completed within Scheduled Intervals (continued)
Availabilty:
Available
Notes:
1. Collocations covered by this measurement are central offce related. As
additional types of central offce collocation are defined and offered, they wil
be included in this measurement. Non-central office-based types of
collocation (such as remote collocation and field connection points) wil 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
reoorting (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 Feasibilty Study Interval
Purpose:
Evaluates the timeliness of the Qwest sub-procss function of providing a collocation feasibility study
to the CLEC.
Description:
Measures average interval to respond to collocation studies for feasibilty of installation..Includes feasibilty studies, for collocations of types specified herein that are completed in the
reporting period, subject to exclusions specifed below. Collocation types included are: physical
cageless, lhysical caged, shared physical caged, physical-line sharing, cageless-Iine 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 Colloction Application Date is the next business day
followina the weekend or holidav.
Reporting Period: One month Unit of Measure: Calendar Days
Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Statewide leveL.
individual CLEC results
Formula:
~((Date Feasibility Study provided to CLEC) - (Date Qwest receives CLEC request for Feasibilty
Study)) -7 (Total Feasibility Studies Completed in the Reporting Period)
Exclusions:.CLEC-caused delays of, or CLEC requests for feasibilty study completions resulting in greater
than ten calendar days from Collocation Application Date to scheduled feasibilty study completion
date.
Product Reporting:None Standard:10 calendar days or less
Availabilty:Notes:
Available 1.Collocations covered by this measurement are central offce related.
As additional types of central offce collocation are defined and
offered, they wil be included in this measurement. Non-central
offce-based types of collocation (such as remote collocation and
field connection points) wil be considered for either inclusion in this
measurement, or in new, separate measurements, after the terms,
conditions, and processes for such collocation types become
finalized, accepted, mature (Le., six months of experience from first
installations), and ordered in volumes warranting reporting (Le.,
consistentlv more than two oer month in any state).
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 98
CP-4 - Collocation Feasibilty Study Commitments Met
Purpose:
Evaluates the degree that Qwest completes the sub-process function of providing a collocation
feasibiltv study to the CLEC as committed.
Description:
Measures the percentage of collocation feasibilty 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 feasibilty 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-Iine sharing, and virtuaL. NOTE 1
. Considers the interval from the Colloction Application Date to the date Qwest completes the
Feasibilty Study and provides it to the CLEC.
· The Collocation Application Date is the date Qwest receives from the CLECa complete
application for collocation. In cases where the CLEC's application for collocation is received by
Qwest on a weekend or holiday, the Collocation Application Date is the next business 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, feasibilty study intervals
wil be individually negotiated and the resulting intervals used instead of ten calendar days in this
measurement.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate
and individual CLEC results
Disaggregation Reporting: Statewide leveL.
Formula:
((Total Applicable Collocation Feasibility studies completed within Scheduled Intervals) + (Total
applicable Collocation Feasibilty 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 wil be included in this measurement.
Non-central offce-based types of collocation (such as remote
collocation and field connection points) wil be considered for
either inclusion in this measurement, or in new, separate
measurements, after the terms, conditions, and processes for
such collocation types become finalized, accepted, mature (Le.,
six months of experience from first installations), and ordered in
volumes warranting reporting (Le., consistently more than two
per month in any state).
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 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 accss service request (ASR) or retail order,
subject to the following:
· For the following types of requests/orders, the application date (and time) is the start of the next
business day:
(1) LSRs and ASRs received after 3:00PM MT for Designed Services and Local Number
Portbilty (except non-designed, flow-through LNP).
(2) Retail orders received after 3:00 PM locl 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 offce 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 callng 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 responsibilty 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 bil, representing the date on which Qwest begins to
close the bil.
Blocking - Condition on a telecommunications network where, due to a maintenance problem or an
traffc 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 callng part wil 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 softare 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 support services and features such as CLASS
and database query and response.
Common Transport - Trunk groups between tandem and end offce 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 traffc.
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 Offce Switch - A switch from which an end users' exchange services are directly connected
and offered.
Final Trunk Groups - Interconnection and interoffce trunk groups that do not overfow traffc 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 Owest 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 facilties 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 fie 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 Traffc - Traffc originated on the network of a LEC in a local callng area that
terminates to another LEC in a local callng area.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 101
DEFINITON OF TERMS (continued)
Local Number Portabilty (formerly defined under Permanent Number Portbilty and also
known as - Long Term Number Portabilty) - 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
customets 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-Metropolian Statistical Area is a government defined
geographic area with population of less than 50,000. Owest depicts MSA Non-MSA based on NPA
NXX. Where a wire center is predominantly within an MSA, all lines are counted within the MSA.
Mechanized Bil - A bil 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 capabilties (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 Offce Fiber Distribution Panel serving the
CLEC). and
· The following items complete, subject to the CLEC having made required payments to Owest
(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 facilties complete, if ordered by CLEC in
time to be provided on the scheduled RFS date (per Owests published standard installation
intervals for such telephone service).
Ready for Service Date (RFS date) - The due date assigned to a collocation order (typically
determined by regulatory rulings, contract terms, or negotiations with CLEC) to indicate when
collocation installation is scheduled to be ready for service, as defined above.
Reject - A status that can occur to a CLEC submitted local service request (LSR) when it does not
meet certain criteria. There are two types of rejects: (1) syntax, which occur if required fields are not
included in the LSR; and (2) content, which occur if invalid data is provided in a field. A rejected
service request must be corrected and re-submitted before provisioning can begin.
Repeat Report - Any trouble report that is a second (or greater) report on the same telephone
number/circuit 10 and at the same premises address within 30 days. The original report can be any
category, including excluded report, and can carr 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.
Owest 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 wil 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 Owest 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
Ofce switches.
Time to Restore - The time interval from the receipt, by the ILEC, of a trouble report on a
customer's service to the time service is fully restored to the customer.
Unbundled Network Element - Platform (UNE-P) - Combinations of network elements, including
both new and conversions, involving POTS (Le., basic services providing dial tone).
Unbundled loop - The Unbundled Loop is a transmission path between a Owest Central Offce
Distribution Frame, or equivalent, and the Loop Demarcation Point at an end user premises. Loop
Demarcation Point is defined as the point where Owest owned or controlled facilities cease, and
CLEC, end user, owner or landlord ownership of facilties 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.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 103
GLOSSARY OF ACRONYMS
ACRONYM DESCRIPTION
ACD Automatic Call Distributor
ADSL Asymmetrc Digital Subscriber Line
ALI Automatic Line Information (for 911/E911 systems)
ASR Service ReQuest (procssed via Exact system)
BRI Basic Rate Interface (type of ISDN service)
CABS Carrier Accss Biling System
CKT Circuit
CLEC Competitive Local Exchange Carrier
CO Central Ofce
CPE Customer Premises EQuipment
CRIS Customer Recrd Information System
CSR Customer Service Record
DA Directory Assistance
DB Decibel
DB Database
DSO Digital Service 0
DS1 Digital Service 1
DS3 Digital Service 3
E911 MS E911 Management System
EAS Extended Area Service
EB-TA Electronic Bonding - Trouble Administration
EDI Electronic Data Interchange
EELS Enhanced Extended Loops
ES Emergency Services (for 911/E911)
FOC Firm Order Confirmation
GUI Graphical User Interface
HDSL High-Bit-Rate Digital Subscriber Line
HICAP High Capacity Digital Service
IEC Interexchange Carrier
ILEC Incumbent Local Exchange Carrier
INP Interim Number Portabilty
10F Interoffce Facilties (refers to trunk facilities located between
Owest central offces)
ISDN Integrated Services Digital 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 Portabilty
LSR Local Service ReQuest
N, T,C Service Order Types -- N (new), T (to or transfer), C
(change)
NANP North American Numbering Plan
NDM Network Data Mover
NPAC Number Portability Administration Center
NXX Telephone number prefix
OBF Ordering and Biling Forum
OOS Out of service (type of trouble condition)
OSS Operations Support Systems
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 104
GLOSSARY OF ACRONYMS (continued)
ACRONYM DESCRIPTION
PBX Private Branch Exchanoe
PON Purchase Order Number
POTS Plain Old Telephone Service
PRI Primary Rate Interface (type of ISDN service)
RFS Ready for Service (refers to collocation installations)
SIA SAAFE (Strategic Application Architecture Framework and
Environment) Information Access
SOP Service Order Processor
SOT Service Order Type
SS7 SiQnalinQ System 7
STP Signaling Transfer Point
TN Telephone Number
UDIT Unbundled Dedicated Interoffice 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 HiQh-bit-rate DSL.)
Owest 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 usec that determines how many rings before the call
forwards to the TN provided with the CFN or CFND FIDs.
HLN (HLA Hot Line)
FlO associated with the usec HLA (which is on our usec 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 Detail section on the lSR wil 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 USOC HME (which is on our usec 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 PCS
telephone number provided in the Feature Detail section on the lSR, wil 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 ClEC requests a DID voice mailbox the DID number wil 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 wil 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.
Owest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 106
APPENDIX A (continued)
TN on Custom Ring USOC (RGG1A etc.)
We currently have 9 custom ring USOCs on our PO-20 USOC list. Along with the custom ring USOC is the
TN FID. The TN FID along with the custom ring telephone number provided in the Feature Detail section on
the LSR wil be validated against the TN FID on the service order to determine whether the FID is present and
the custom ring telephone provided on the LSR with the FID is correct on the service order. (The validation
would only apply if the USOC and FID were present in the Feature Detail section of the LSR.)
CAS (If provided on LSR for SEA)
Call Screening Code Assignment is a FID associated with the selective class of call feature (which is on our
USOC list to validate.) Along with the CAS FID is a two-digit number that indicates what type of screening is
being requested. The CAS FID along with a two-digit number is provided in the Feature Detail section on the
LSR. The PO-20 review wil validate that the FID is floated on the service order behind the feature USOC and
that the two-digit number matches the two-digit number provided on the LSR.
WW (if provided on LSR for TFM)
Working With is a FIDassociated with the transfer mailbox feature (which is on our USOC list to validate.)
Along with the WW FID is a ten-digit number that indicates where the voice mailbox is located. The WW FID
along with the ten-digit number is provided in the Feature Detail section on the LSR. The PO-20 review wil
validate that the FID is floated on the service order behind the feature USOC and that the ten-digit number
matches the ten-digit number provided on the LSR.
MBOA (if provided on LSR for VFN)
Mailbox out-dial notification is a FID associated with the message notification feature (which is on our USOC
list to validate.) Along with the MBOA FID is a two-digit alphanumeric combination that indicates where the
notification will be sent (Le., identifies pager type.) The MBOA FID along with the two-digit alphanumeric
combination is provided in the Feature Detail section on the LSR. The PO-20 review wil validate that the FID
is floated on the service order behind the feature USOC and that the two-digit alphanumeric matches the two-
digit alphanumeric provided on the LSR.
DES on VGT (if provided on LSR)
Description is a FID associated with the scheduled greeting feature (which is on our USOC list to validate.)
Along with the DES FID is a ten-digit telephone number that reflects the DID mailbox number. The DES FID
along with the ten-digit telephone number is provided in the Feature Detail section on the LSR. The PO-20
review wil validate that the FID is floated on the service order behind the feature USOC and that the ten-digit
telephone number matches the ten-digit telephone number provided on the LSR.
WL T (WLS Warm Line)
Warm line timeout is a FID associated with the warm line feature. Along with the WL T FID is a one or two
numeric value that indicates the number of seconds that must elapse before the DMS-100 switch sets up the
connection for a warm line service number. The WL T FID along with the one or two numeric value is provided
in the Feature Detail section on the LSR. The PO-20 review wil validate that the FID is floated on the service
order behind the feature USOC and that the one or two numeric value matches the one or two numeric value
provided on the LSR.
Owest 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 usoe list to validate):
SIT (if provided on LSR for WFA)
Special identifying telephone number is a FID associated with the 800 service line feature. Along with
the SIT FID is a ten-digit telephone number that reflecs the 800, 888, 877, or 866 service line feature.
The SIT FID along with the ten-digit telephone number is provided in the Feature Detail section on the
LSR. The PO-20 review will validate that the FlO is floated on the service order behind the feature
USOG 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
USOG 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 wil validate that the FID is
floated on the service order behind the feature USOG 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 wil
validate that the FlO is floated on the service order behind the feature USOG 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 FID are one
to two alphanumeric characters and three numeric characters which represents LATA and AG of the
address. The AOS FIÚ along with the additional characters are provided in the Feature Detail section
on the LSR. The PO-20 review wil validate that the FlO is floated on the service order behind the
feature USOG and that the additional characters match the additional characters provided on the LSR.
ALe (if provided on LSR for WFA)
IntraLATA carrier is a FID associated with the 800 service line feature. It indicates the IntraLATA
carrier for the 800 service. Along with the ALG FlO is the three-digit code (OTG) for the IntraLATA
carrier. The ALG FID along with the three-digit code is provided in the Feature Detail section on the
LSR. The PO-20 review wil validate that the FlO is floated on the service order behind the feature
USOG 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 S03, S05, SFB, C2TAX (Electronic Business Set USOCs which are on our USOC
list to validate):
KEY (If provided on LSR for Electronic Business Set EBS USOCs)
Key Designation (KEY number) is a FID associated with the Electronic Business Set feature. Along
with the KEY FID is a numeric value that indicates the key designated for different features or lines on
the EBS. The KEY FID along with the numeric value is provided in the Feature Detail section on the
LSR. The PO-20 review wil validate that the FID is floated on the service order behind the feature
USOC and that the numeric value matches the numeric value provided on the LSR.
MADN (If provided on LSR for Electronic Business Set EBS USOCs)
Multiple Appearance Directory Number Call Arrangement is a FID associated with the Electronic
Business Set feature. Along with the MADN FID is a set of alpha values that indicate the type,
appearance and ring status desired for different features or lines on the EBS. The KEY FID along with
the alpha values is provided in the Feature Detail section on the LSR. The PO-20 review wil validate
that the FID is floated on the service order behind the feature USOC and that the alpha values match
the alpha values provided on the LSR.
ROL (If provided on LSR for Electronic Business Set EBS USOCs)
Ring On Line is a FID associated with the Electronic Business Set feature. Along with the ROL FID is
an alpha value that indicates if the line wil ring (Y or N). The ROL FID along with the alpha value is
provided in the Feature Detail section on the LSR. The PO-20 review wil validate that the FID is
floated on the service order behind the feature USOC and that the alpha value matches the alpha
value provided on the LSR.
TTD (If provided on LSR for C2TAX
Terminal Type is a FID associated with the adjunct module feature. Along with the TTYD FID is a 4
character alpha value based on customer equipment. The TTD FID along with the 4 character alpha
value is provided in the Feature Detail section on the LSR. The PO-20 review wil 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.
Owest 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 USOC list to validate):
CPG (If provided on LSR for E3PPK)
Call Pickup Group is a FID assoiated with the CALL PICK-UP feature. Along with the CPG FID is a
1-3 digit numeric value that identifies the call pickup group. The CPG FID along with the 1-3 digit
numeric value is provided in the Feature Detail section on the LSR. The PO-20 review wil validate that
the FID is floated on the service order behind the feature USOC and that the 1-3 digit numeric value
matches the 1-3 digit numeric value provided on the LSR.
CPUO (If provided on LSR for E3PPK)
Call Pickup-Originating is a FID associated with the CALL PICK-UP feature. Along with the CPUO FID
is an alphanumeric value that identifies the call pickup group. The CPUO FID along with the
alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review wil
validate that the FID is floated on the serviCè order behind the feature USOC and that the
alphanumeric value matches alphanumeric value provided on the LSR.
CPUT (If provided on LSR for E3PPK)
Call Pickup-Terminating is a FID associated with the CALL PICK-UP feature. Along with the CPUT
FID is an alphanumeric value that identifies the call pickup group. The CPUT FID along with the
alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review wil
validate that the FID is floated on the service order behind the feature USOC and that the
alphanumeric value matches alphanumeric value provided on the LSR.
FIDs associated with GVJ, EZJ, GVZ, GV2, EVH, GW (Speed Call feature USOCs that are on our USOC
list to validate):
SCG (If provided on LSR for Speed call USOCs)
Speed Call Group is a FID associated with the Speed call feature. Along with the SCG FID is a 7 digit
numeric value that identifies the controller of the group. The SCG FID along with the 7 digit numeric
value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FID
is floated on the service order behind the feature USOC and that the 7 digit numeric value matches 7
digit numeric value provided on the LSR.
CSL (If provided on LSR for Sped call USOCs)
Change Speed Callng Group List is a FID associated with the Speed call feature. Along with the CSL
FID is a 2 digit numeric value that identifies the size of the group list. The SCG FID along with the 7
digit numeric value is provided in the Feature Detail section on the LSR. The PO-20 review wil
validate that the FID is floated on the service order behind the feature USOC and that the 2 digit
numeric value matches 2 digit numeric value provided on the LSR.
SCF (If provided on LSR for Spee call USOCs)
Speed Callng Feature Name is a FID associated with the Speed call feature. Along with the SCF FID
is an alphanumeric value that identifies the controller of the shared list. The SCF FID along with the
alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review wil
validate that the FID is floated on the service order behind the feature USOC and that the
alphanumeric value matches alphanumeric value provided on the LSR.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 110
EXHIBIT C
See Qwests Wholesale web-site for the Service Interval Guide.
Exhibit C -Qwest Fourteen State Template Version 1.8, May 11, 2005 1
Exhibit D
INTENTIONALLY LEFT BLANK
Qwest Exhibit D October 4, 2004 Page 1
Owest 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 Owest 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 Owest is obligated to provide unbundled access,
and;
1.3.2 that is made up of UNEs that are ordinarily combined in the Owest
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 Owest is obligated to provide unbundled access, but for which
Owest has not created a standard product.
2. Any request that requires an analysis of Technical Feasibilty shall be treatecf as a Bona
Fide Request (BFR), and wil follow the BFR Process set forth in this Agreement. If it is
determined that a request should have been submitted through the BFR process, Owest wil
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 Owest form,
which is located on Owests website.
4. Owest shall acknowledge receipt of the Special Request within two (2) business days of
receipt.
5. Owest 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 Owest network. If the request is for a combination of network
elements that are not ordinarily combined in the Owest network, the analysis shall indicate to
CLEC that it should use the BFR process if CLEC elects to pursue its request.
6. Upon request, Owest shall provide CLEC with Owests supporting cost data and/or
studies for Unbundled Network Elements that CLEC wishes to order within seven (7) business
days, except where Owest cannot obtain a release from its vendors within seven (7) business
days, in which case Owest will make the data available as soon as Owest receives the vendor
release. Such cost data shall be treated as Confidential Information, if requested by Owest
under the non-disclosure sections of this Agreement.
Qwest All States August 24, 2006 Page 1
Qwest All States
EXHIBIT G
INTENTIONALLY LEFT BLANK
October 4, 2004 Page 1
EXHIBIT H
Calculation of the Relative Use Factor (RUF)
INTENTIONALLY LEFT BLANK
Exhibit H - Qwest Eleven State Template Version 1.8, August 22, 2008
Qwest All States Except Colorado, Minnesota and Washington
1
Exhibit I - Individual Case Basis
1. This Agreement contains references to both ICB rates and ICB intervals. The
purpose of this exhibit Ìs to identify how CLEC's ICB requests - whether they be
for rates or intervals - are processed though and by Qwest.
2. ICB Rate Intervals
2.1 F or those products and services identified in the Agreement that contain a
provision for ICB rates, Qwest wil 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 Agreement or this Exhibit.
2.2 The purose 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 tye 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 wil make the data available as soon as Qwest
receives the vendor release. Consistent wÌth 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.
3. ICB Provisioning Intervals
Negotiations Template, Exhibit I 9-20-04 Page 1
Exhibit I - Individual Case Basis
3.1 For those products and services provided pursuant to this Agreement that
contain a provision for ICB interval but do not contain a specific provision
for when the ICB interval shall be provided, the ICB interval shall be
provided within twenty (20) business days of receipt of the order, request
or application.
3.2 For ICB intervals for those products and services that require negotiated
project time lines for installation, such as 2/4 wire analog loop for more
than twenty-five (25) loops, the Qwest representative, authorized to
commt to intervals, shall meet with CLEC's representative within seven
(7) business days of receipt of the request from CLEC to negotiate
intervals.
Negotiations Template, Exhibit I 9-20-04 Page 2
Exhibit J
Election of Reciprocal Compensation Option
INTENTIONALLY LEFT BLANK
Negotíations Template Exhibit J 4-30-07 Page 1
Exhibit K
PERFORMANCE ASSURANCE PLAN
1.0 Introduction
1.1 As set forth in this Agreement, Qwest and GLEC 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 I'aw, to
the 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, (Le., a set dollar payment times the number of
non-conforming service events). For the performance measurements which do not
lend themselves to per occurrence payment, payment is on a per measurement
basis, (Le., a set dollar payment). The level of payment also depends upon the
number of consecutive months of non-conforming performance, (Le., an escalating
payment the longer the duration of non-conforming performance) 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
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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, Owest shall apply one
allowable miss 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 Availabilty EB- TA
GA-4 System Availability EXACT
GA-7 Timely Outage Resolution following Softare Releases
PO-3 LSR Rejection Notice Interval
PO-5D Firm Order Confirmations (FOCs) On Time (ASRs for LIS Trunks)
PO-7 Biling 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 Biling Completeness
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
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Exhibit K
NI-1 Trunk Blocking
NP-1 NXX Gode 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
wil be reinstated (Le., 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 wil 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 wil 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
GLEG-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 wil be applied to the three
consecutive months in which the standard was missed, which triggered
reinstatement. These retroactive payments wil be made to applicable CLEGs
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 wil account separately for PAP payments
that would have been made to individual GLEGs 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 wil not be recovered by Qwest.
3.3.2.2 Interest: In the case of automatic reinstatement, retroactive
payments wil 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: Qwest wil 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: Qwest wil maintain a public website showing the
PAP status of each PID or sub-measure with respect to the applicabilty 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 Qwest uses a statistical test, namely the modified "z-test," for evaluating the
difference between two means (i.e., Qwest and CLEC service or repair intervals) or
two percentages (e.g., Qwest and CLEC proportions), to determine whether a parity
condition exists between the results for Qwest and the CLEC(s). The modified z-
tests shall be applicable if the number of data points are greater than 30 for a given
measurement. For testing measurements for which the number of data points are 30
or less, Qwest wil use a permutation test to determine the statistical significance of
the difference between Qwest and CLEC.
4.2 Qwest shall be in conformance when the monthly performance results for
parity measurements (whether in the form of means, percents, or proportions and at
the equivalent level of disaggregation) are such that the calculated z-test statistics
are not greater than the critical z-values as listed in Table 1, section 5.0.
4.3 Qwest shall be in conformance with benchmark measurements when the
monthly performance result equals or exceeds the benchmark, if a higher value
means better performance, and when the monthly performance result equals or is
less than the benchmark if a lower value means better performance.
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
- 4-
Exhibit K
The formula for determining parity using the modified z-test is:
z = DIFF I (JOIFF
Where:
DIFF = MQwest - MCLEC
MQWEST = Owest average or proportion
MCLEC = CLEC average or proportion
(JOIFF = square root O(JDOwest (11 n CLEC + 11 n Qwest))
g20west = calculated variance for Owest
nQwest = number of observations or samples used in Owest
measurement
nCLEC = number of observations or samples used in CLEC
measurement
The modified z-tests wil be applied to reported parity measurements that contain
more than 30 data points.
In calculating the difference between Owest and CLEC performance, the above
formula applies when a larger Owest value indicates a better level of performance. In
cases where a smaller Owest value indicates a higher level of performance, the order
is reversed, Le., MCLEC - MQWEST.
4.3.1 For parity measurements where the number of data points is 30 or less,
Owest wil apply a permutation test to test for statistical significance. Permutation
analysis wil be applied to calculate the z-statistic using the following logic:
Calculate the modified z-statistic for the actual arrangement of the data
Pool and mix the CLEC and Owest data sets
Perform the following 1000 times:
Randomly subdivide the pooled data sets into two pools, one the same
size as the original CLEC data set (nCLEC) and one reflecting the
remaining data points, and one reflecting the remaining data points,
(which is equal to the size of the original Owest data set or nQWEST).
Compute and store the modified z-test score (Zs) for this sample.
Count the number of times the z-statistic for a permutation of the data 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
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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, o P-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
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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 wil 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 wil 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 wil 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 wil 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 wil make payments that escalate back to the month 4 leveL.
The payment level wil 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 al-3A,
payment to a CLEC in a single month shall not exceed the amount listed in Table 2
below for the "Per Measurement Cap" category. For those performance
measurements listed on Attachment 2 as "Performance Measurements Subject to
Per Measurement Payments," if any should be added at a later time, payment to a
CLEC wil 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
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Exhibit K
TABLE 2: TIER 1 PAYMENTS TO CLEC
Per Occurrence
Measurement Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Each
Group following
month
after
Month 6
add
HiQh $150 $250 $500 $600 $700 $800 $100
Medium $ 75 $150 $300 $400 $500 $600 $100
Low $ 25 $ 50 $100 $200 $300 $400 $100
Per Measurement
Cap
Measurement Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Each
Group following
month
after
Month 6
add
High $25,000 $50,000 $75,000 $100,000 $125,000 $150,000 $25,000
Medium $10,000 $20,000 $30,000 $ 40,000 $ 50,000 $ 60,000 $10,000
Low $ 5,000 $10,000 $15,000 $ 20,000 $ 25,000 $ 30,000 $ 5,000
6.2.3 For the BI-3A performance measurement, the dollar payment amount for non-
conforming performance varies depending upon the Total Bil 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 Bil
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 Bil 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 feasibilty studies that are later than the
1 Total Bil Adjustment Amount is determined by subtracting the BI-3A numerator from the BI-3A denominator
as dermed in the BI-3 Pil formula.
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
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Exhibit K
due date wil have a per day payment applied according to Table 3. The per day
payment wiI 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: The determination of non-
conformance wil be based upon the aggregate of all CLEC data for each Tier 2
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
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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 Owest 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 failing performance standards for a third consecutive
month, or if two out of three consecutive months in the 12 month period have been
missed, the second consecutive month for Tier 2 measurements with Tier 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 wil 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
High $500
Medium $300
Low $200
Per Me t Casuremenap
Measurement Group
High $75,000
Medium $30,000
Low $20,000
7.4 Performance Measurements Subject to Per Measurement Payment: The
following Tier 2 performance measurements shall have their performance results
measured on a region-wide (14 state) basis. Failure to meet the performance
standard, therefore, wil result in a per measurement payment in each of the Owest
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
Owest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
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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-1 A and PO-1 B. PO-1 A and PO-1 B shall have their transaction
types aggregated together.
For these measurements, Qwest wil 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 SGA T Third Revised, Sixth Amended Exhibit K, June 26, 2007
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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 cappe,d 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 points
shall be multiplied by the difference in percentage calculated in the previous step,
and the per occurrence dollar amount taken from the Tier 1 Payment Table, to
determine the payment to the CLEC for each non-conforming performance
measurement.
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.
Owest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
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Exhibit K
8.2.3.3 Step 3: For each performance measurement, the total number of data points
shall be multiplied by the difference ælculated 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 1 Payments 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 wil
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 liabilty shall be
averaged to determine payment.
Qwest 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. (Forbenchmark measurements, the benchmark value shall be used.)
9.4.1.1 Step 2: The difference between the actual rate for the CLEC and the
calculated rate for the relevant month(s) shall be calculated. The calculation is: diff=
(CLEC 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 meetthe 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 CLECs participating in the PAP are more than 10, but less than 100,
Qwest will make Tier 1 payments to CLECs 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 CLEC
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 wil be made using aggregate volumes of CLECs participating in the PAP.
In the event Qwest does not meet the applicable performance standards, a total
payment to affected CLECs 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 CLEC aggregate volumes wil be used. In the
event the calculated total payment amount to CLEes is less than $5,000, a minimum
. payment of $5,000 shall be made. The resulting total payment amount to CLECs wil
Owest Idaho SGA T 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 wil 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 bil credits. Bil 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 bil,
Qwest wil 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 insuffcient. 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
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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 wil 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
(Le., 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
Owest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
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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 due
to each CLEC, by applying to the year-to~ate 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 wil not be liable for Tier 1 payments to CLEC in an FCC approved
state until the Commission has approved an interconnection agreement between
CLEC and Qwest which adopts the provisions of this PAP.
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
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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 wil 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 öf 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 wil 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 abilty 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 wil not be excused from Tier 1 or Tier 2 payments for any reason
except as described in Section 13.0. Owest wil 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 part may petition the Commission to require
Owest to deposit disputed payments into an escrow account when the requesting
party can show cause, such as grounds provided in the Uniform Commercial Code
for cases of commercial uncertainty.
13.3.2 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, wil 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
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
- 19-
Exhibit K
Owest has discriminated in the provision of any facilities or services under Sections
251 or 252, or has violated any state or federal law or regulation. Owests 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
liabilty or culpability for a violation of any state or federal law or regulation. (Nothing
herein is intended to preclude Owest from introducing evidence of any Tier 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 Owest 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, Owest and
CLEC accepting this PAP agree that proof of damages from any non-conforming
performance measurement would be diffcult to ascertain and, therefore, liquidated
damages are a reasonable approximation of any contractual damages that may
result from a non-conforming performance measurement. Owest and CLEC further
agree that Tier 1 payments made pursuant to this PAP are not intended to be a
penalty. The application of the assessments and damages provided for herein is not
intended to foreclose other noncontractual legal and non-contractual regulatory
claims and remedies that may be available to a CLEC.
13.6 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 Owest. By
electing remedies under the PAP, CLEC waives any causes of action based on a
contractual theory of liabilty, and any right of recovery under any other theory of
liabilty (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 liabilty (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 OPAP , the court or other
adjudicatory body hearing such a claim may offset the damages resulting from such
claim against payments made for the same harm.
13.8 Owest shall not be liable for both Tier 2 payments under the PAP and
assessments, sanctions, or other payments for the same underlying activity or
omission pursuant to any Commission order or service quality rules.
13.9 Whenever a Owest Tier 1 payment to an individual CLEC exceeds $3 millon
in a month, Owest 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 milion. Upon timely commencement
of the proceeding, Qwest must pay the balance of payments owed in excess of $3
milion into escrow, to be held by a third-party pending the outcome of the
proceeding. To invoke these escrow provisions, Qwest must file, not later than the
due date of the Tier 1 payments, its application. Qwest wil 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 milion. 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 millon in liabilty to CLEC, then
CLEC may commence a similar proceeding. In any such proceeding CLEC wil 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 wil 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
results are being reported. However, Qwest shall have a grace period of five
business days, so that Qwest shall not be deemed out of compliance with its
reporting obligations before the expiration of the five business day grace period.
Qwest 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, wil be
transmitted, without charge, to CLEC in a mutually acceptable format, protocol, and
transmission medium.
14.2 Qwest wil 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 wil 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, wil be transmitted, without charge, to the
Commission in a mutually acceptable format, protocol, and transmission form.
14.3 In the event Owest does not provide CLEC and the Commission with a
monthly report by the last day of the month following the month for which
performance results are being reported, Owest wil 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, Owest wil pay to the State a total of
one-fifth of the late report amount for each missing performance measurement,
subject to a cap of the full late report amount. These amounts represent the total
payments for omitting performance measurements or missing any report deadlines,
rather than a payment per report. Prior to the date of a payment for late reports,
Owest may fie a request for a waiver of the payment, which states the reasons for
the waiver. The Commission may grant the waiver, deny the waiver, or provide any
other relief that may be appropriate.
14.4 To the extent that Owest recalculates payments made under this PAP, such
recalculation shall be limited to the preceding three years (measured from the later of
the provision of a monthly credit statement or payment due date). Owest shall retain
suffcient records to demonstrate fully the basis for its calculations for long enough to
meet this. potential recalculation obligation. CLEC verification or recalculation efforts
should be made reasonably contemporaneously with Owest measurements. In any
event, Owest shall maintain the records in a readily useable format for one year. For
the remaining two years, the records may be retained in archived format. Any
payment adjustments shall be subject to the interest rate provisions of section 11.1.
15.0 Integrated Audit Program/Investigations of Penormance 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 Owest 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 wil 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
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
- 22-
Exhibit K
the higher risk areas identified in the ass report. The two-year cycle 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
Qwests abilty 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
Qwests 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 Qwest may make management processes more accurate or more efficient to
perform without sacrificing accuracy. These changes are at Qwests discretion but
wil be reported to the independent auditor in quarterly meetings in which the auditor
may ask questions about changes made in the Qwest measurement regimen. The
meetings, which wil be limited to Qwest and the independent auditor, wil permit an
independent assessment of the materiality and propriety of any Qwest changes,
including, where necessary, testing of the change details by the independent auditor.
The information gathered by the independent auditor may be the basis for reports 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 Qwest and CLEC as to any issue
regarding the accuracy or integrity of data collected, generated, and reported
pursuant to the PAP, Qwest and the CLEe shall first consult with one another and
attempt in good faith to resolve the issue. If an issue is not resolved within 45 days
after a request for consultation, CLEC and Qwest may, upon a demonstration of good
cause, (e.g., evidence of material errors or discrepancies) request an independent
audit to be conducted, at the initiating party's expense. The independent auditor wil
assess the need for an audit based upon whether there exists a material deficiency in
the data or whether there exists an issue not otherwise addressed by the audit plan
for the current cycle. The dispute resolution provision of section 18.0 is available to
any party questioning the independent auditor's decision to conduct or not conduct a
CLEC requested audit and the audit findings, should such an audit be conducted. An
audit may not proceed until dispute resolution is completed. Audit findings wil
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 materiality and clarity of any Qwest non-conformance with
measurement requirements (no pre-determined variance is appropriate, but should
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
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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 wil be
paid by Qwest.
15.5 Qwest wil investigate any second consecutive Tier 2 miss to determine the
cause of the miss and to identify the action needed in order to meet the standard set
forth in the performance measurements. To the extent an investigation determines
that a CLEC was responsible in whole or in part for the Tier 2 misses, Qwest shall
receive credit against future Tier 2 payments in an amount equal to the Tier 2
payments that should not have been made. The relevant portion of subsequent Tier
2 payments wil 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 wil be aggregated and the aggregate results wil 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, Qwest, CLECs, or the Idaho Public
Utilities Commission may initiate a review of the performance measurements to
determine whether measurements should be added, deleted, or modified; whether
the applicable benchmark standards should be modified or replaced by parity
standards; and whether to move a classification of a measurement to High, Medium,
or Low, Tier 1 or Tier 2. The criterion for reclassification of a measurement shall be
whether the actual volume of data points was less or greater than anticipated.
Criteria for review of performance measurements, other than for possible
reclassification, shall be whether there exists an omission or failure to capture
intended performance, and whether there is duplication of another measurement.
Any disputes regarding adding, deleting, or modifying performance measurements
shall be resolved pursuant to a proæeding before the Comrrission and subject to
judicial review. No new performance measurements shall be added to this PAP that
have not been subject to observation as diagnostic measurements for a period of 6
months. Any changes made at the six-month review pursuant to this section shall
apply to and modify this agreement between Qwest and CLEC, subject to a stay,
modification or reversal upon appeal or judicial review.
16.1.1 Notwithstanding section 16.1, if any agreements on adding, modifying or
deleting performance measurements as permitted by section 16.1 are reached
between Qwest 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
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Exhibit K
into the QPAP and modify the agreement between CLEe and Qwest 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, Qwests liability for such changes shall be limited to 10%
of the monthly payments that Qwest would have made absent the effect of such
changes as a whole. This provision shall be referred as "the 10% payment collar."
Such payment limitation shall be accomplished by factoring the payments resulting
from the changes to ensure that such payments remain within 10% of the payments
Qwest would have made absent such changes.
16.1.3 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, Qwests payments have been limited by the 10%
payment collar to 80% or less of what the total payments would have been absent
the collar for the preceding 6-month period, the Commission may, upon motion by an
affected CLEC, conduct a record proceeding to determine whether the 10% payment
collar should be removed from any such performance measure. The Commission
can prospectively remove the 10% collar for Tier 1 payments to affected CLEC(s) for
any such performance measure upon a demonstration through a record proceeding
and a Commission determination that the total payments to the CLEC(s) under the
QPAP were inadequate to compensate CLEC(s) for actual harm incurred during the
same period and upon a determination that such change is otherwise necessary and
appropriate and in the public interest.
16.1.4 Notwithstanding section 16.1, 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-Qwest 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 appröval of the PAP,
the participating Commissions may conduct a joint review by a independent third
part to examine the continuing effectiveness of the PAP as a means of inducing
compliant performance. This review shall not be used to open the PAP generally to
amendment, but would serve to assist Commissions in determining existing
conditions and reporting to the FCC on the continuing adequacy of the PAP to serve
its intended functions. The expense of the reviews shall be paid from the Special
Fund.
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
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Exhibit K
16.3 Qwest wil make the PAP available for CLEC interconnection agreements
until such time as Qwest eliminates its Section 272 affliate. At that time, the
Commission and Qwest shall review the appropriateness of the PAP and whether its
continuation is necessary. However, in the event Qwest exits the interLATA market,
that State PAP shall be rescinded immediately.
17.0 Voluntary Penormance Assurance Plan
This PAP represents Qwests voluntary offer to provide performance assurance.
Nothing in the PAP or in any conclusion of non-conformance of Qwests 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 (Le., the unique dispute
resolution provisions of interconnection agreements should not apply).
Owest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
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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 High Low Med High
GATEWAY
Timelv Outage Resolution GA-7 X
PRE-ORDER/ORDERS
LSR Rejection Notice Interval PO-3a X
Firm Order Confirmations On Time PO-5 X X
Work Completion Notification Timeliness PO-6D X
Biling Completion Notification Timeliness PO-7D X
Jeopardy Notice Interval PO-8 X
Timelv Jeopardy Notices PO-9 X
Release Notifications PO-16 X
(Expanded)-Manual Service Order PO-20 X
Accuracv
ORDERING AND PROVISIONING
Installation Commitments Met OP-39 X X
Installation Intervals OP-4c,g X X
New Service Quality OP-X X
5a9,bd,9
Delaved Days OP-6e,g X X
Number Portabilitv Timeliness OP-8 X X
Coordinated Cuts On Time -Unbundled OP-13a X X
Loops
LNP Disconnect Timeliness OP-17 X X
,
MAINTENANCE AND REPAIR
Out of Service Cleared within 24 hours MR-39 X
All Troubles Cleared within 4 hours MR-59 X
Mean time to Restore MR-X
6a9,b9,c9,
dt et,
Repair Repeat Report Rate MR-79 X X
Trouble Rate MR-89 X X
LNP Trouble Reports Cleared within MR-11 X X
Specified Timeframes
BILLING
Time to Provide Recorded Usage Records BI-1 X X
Billing Accuracv-Adjustments for Errors BI-3 X
Biling Completeness BI-4 X X
NEnNORK PERFORMANCE
Trunk Blocking NI-1 X X
NXX Code Activation NP-1 X X
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
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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 "familes:" 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 "familes:" OP-4a10P-6-1, OP-4b/OP-6-2, OP-4c10P-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 wil 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 DSO (designed), Resale DSO, E911/911 Trunks, Resale
Frame Relay, Resale Basic ISDN (non-designed), Resale Basic ISDN (designed), Resale Basic ISDN,
Resale Primary ISDN (non-designed), Resale Primary ISDN (designed), Resale Primary ISDN, Resale PBX
(non-designed), Resale PBX (designed), Resale PBX, Sub-Loop Unbundling, UNE-P (POTS), UNE-P
(Centrex), and UNE-P (Centrex 21).
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
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Exhibit K
Attachment 2: Performance Measurements Subject to Per Measurement Caps
Biling
Time to Provide Recorded Usage Records - BI-1 (Tier 1rrier 2)
Biling Accuracy - Adjustments for Errors - BI-3 (Tier 1)
Biling Completeness - BI-4 (Tier 1rrier 2)
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
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