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Home My WebLink About20090918Application.pdfQwest 1600 7th Avenue, Room 3206 Seattle. Washington 98191 (206) 398-2504Facsimile (206) 343-4040 RECEIVED 2009 SEP '8 PM 12: 49 Maura E. Peterson Paralegal Regulatory Law Qwest~ Spirit of Service~ Via Overnight delivery September 16, 2009 Jean Jewell, Secretary Idaho Public Utilities Commssion 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. C¥WlE -C- -0 e¡ --9 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 iNETWORKS Group, Inc. Qwest respectfully requests that this matter be placed on the Commssion Decision Meeting Agenda for expedited approvaL. Please contact me if you have any questions concerning the enclosed. Than you for your assistance in this matter.~'/" Sincerely, Jv MEPlldj cc: Service list .. Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam. sherr CQ q west.com RECEIVE 2009 SEP '8 PM 12: 49 APPLICATION OF QWEST CORPORATION FOR APPROVAL OF THE INTERCONNECTION AGREEMENT FOR THE STATE OF IDAHO PURUANT TO 47 U.S.c. §252(e) BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO.: Q WE: -= - 09 y 9 APPLICATION FOR APPROVAL OF INTERCONNCTION Qwest Corporation ("Qwest") hereby files this Application for Approval of Interconnection Agreement ("Agreement"). The Agreement with iNetworks Group ("iNetworks ") is submitted herewith. This Agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"). Section 252(e)(2) of the Act directs that a state Commssion may reject an agreement reached through voluntar negotiations only if the Commssion finds that: the agreement (or portion(s) thereof) discriminates against a telecommunications carer not a pary to this agreement; or the implementation of such an agreement (or portion) is not consistent with the public interest, convenience and necessity. Qwest respectfully submits that this Agreement provides no basis for either of these findings, and, therefore requests that the Commssion approve this Agreement expeditiously. This Agreement is consistent with the public interest as identified in the pro-competitive policies of the State of Idaho, the Commssion, the United States Congress, and the Federal Communications Commssion. Expeditious approval of this Agreement wil enable APPLICATION FOR APPROVAL OF INTERCONNCTION AGREEMENT- iNETWORKS Page 1 ~ iNETWORKS to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest further requests that the Commssion approve this Agreement without a hearng. Because this Agreement was reached through voluntary 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 \\t"'day of September, 2009. Qwest CorporationO~? Adam L. Sherr Attorney for Qwest APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT- iNETWORKS ., Page 2 . . CERTIFICATE OF SERVICE I hereby certify that on this \lpf' day of September, 2009, I served the foregoing APPLICATION FOR APPROVAL OF INTERCONNCTION AGREEMENT upon all paries of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commssion 4 72 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 ¡¡ewell CQpuc.state.id.us Hand Delivery U. S. Mail _X_ Overnight Delivery Facsimile Email Scott Layman CFO Ray Cowley iNETWORKS Group 125 s. Wacker Drive Suite 2510 Chicago, IL 60606 Hand Delivery -- u. S. Mail Overnight Delivery Facsimile Email APPLICATION FOR APPROVAL OF INTERCONNCTION AGREEMENT - iNETWORKS Page 3 QlAE ~-oq- ¿g RESALE AGREEMENT BETWEEN QWEST CORPORATION AND ¡NETWORKS Group, Inc. FOR THE STATE OF IDAHO AGREEMENT NUMBER CDS-090803-0018 RECEIVED iong SEP '8 PH \2: 1; 9 llO' pì lBL\t~ , ~_i \Df'~ C.oL¡l'MIi:;SION UT\UTIi;:S ,,;IYU, '" TABLE OF CONTENTS FOR EXHIBITS EXHIBIT A Rates EXHIBIT B Service Performance Indicators EXHIBITC Intentionally Left Blank EXHIBIT 0 Intentionally Left Blank EXHIBIT E Intentionally Left Blank EXHIBIT F Intentionally Left Blank EXHIBITG Intentionally Left Blank EXHIBIT H Intentionally Left Blank EXHIBIT I I ntentionally Left Blank EXHIBIT J Intentionally Left Blank EXHIBITK Performance Assurance Plan August 3, 2009/msd/iNETWORKS Group/ID/CDS-090803-0018 Qwest Resale Template - (v7-28-09)iii TABLE OF CONTENTS SECTION 1.0 - GENERAL TERMS ............................................................................................1 SECTION 2.0 -INTERPRETATION AND CONSTRUCTION ......................................................2 SECTION 3.0 - RESELLER INFORMATION...............................................................................4 SECTION 4.0 - DEFINITIONS ....................................................................................................6 SECTION 5.0 - TERMS AND CONDITIONS.............................................................................12 5.1 GENERAL PROVISIONS .................................................................................................12 5.2 TERM OF AGREEMENT................. ..... .................................... .................. ......... .............12 5.3 PROOF OF AUTHORIZATION (POA) ................................................................................12 5.4 PAYMENT ....................................................................................................................13 5.5 TAXES.........................................................................................................................15 5.6 INSURANCE..................................................................................................................15 5.7 FORCE MAJEURE .........................................................................................................16 5.8 LIMITATION OF LIABILITY ...............................................................................................16 5.9 INDEMNITY ................. ..................................................................................................17 5.10 INTELLECTUAL PROPERTY ............................................................................................18 5.11 WARRANTIES ...............................................................................................................20 5.12 ASSiGNMENT.................................................. ........................... ........... ... ...... ..............20 5.13 DEFAULT.....................................................................................................................21 5.14 DISCLAIMER OF AGENCy...............................................................................................21 5.15 SEVERABILITy..............................................................................................................21 5.16 NONDiSCLOSURE.............. .................... ....... ............................................................. ... 22 5.17 SURViVAL....................................................................................................................23 5.18 DISPUTE RESOLUTION..................................................................................................24 5.19 CONTROLLING LAW...... .... ..................................................................................... ........25 5.20 RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION ................................................25 5.21 NOTiCES......................................................................................................................25 5.22 RESPONSIBILITY OF EACH PARTY.................. ..... ............................ ....................... ........ 26 5.23 No THIRD PARTY BENEFICIARIES ..................................................................................26 5.24 INTENTIONALLY LEFT BLANK .........................................................................................26 5.25 PUBLICiTy....................................................................................................................26 5.26 EXECUTED IN COUNTERPARTS......................................................................................26 5.27 COMPLIANCE.......................... .............................. .................................... ............... .... 26 5.28 COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAw ENFORCEMENT ACT OF 1994 ......................................................................................................................27 5.29 COOPERATION .............................................................................................................27 5.30 AMENDMENTS........................... ........ ..................... ................. ............ ....... ..................27 5.31 ENTIRE AGREEMENT ....................................................................................................27 SECTION 6.0 - RESALE ..........................................................................................................29 6.1 DEscRiPTION...............................................................................................................29 6.2 TERMS AND CONDITIONS........ ..... ............................................................... ..................29 6.3 RATES AND CHARGES ..................................................................................................34 6.4 ORDERING PROCESS............................... ............. ........ .............. ................................. 35 6.5 BILLING .............................. ..................................... .............. .............. ......... ...............36 6.6 MAINTENANCE AND REPAIR ..........................................................................................37 6.7 E911 DATABASE UPDATES FOR RESALE BASED RESELLERS ..........................................37 August 3, 2009/msd/iNETWORKS Group/ID/CDS-090803-0018 Qwest Resale Template - (v7-28-09) SECTION 7.0 - WHITE PAGES DIRECTORY L1STINGS.........................................................38 7.1 DESCRiPTION.................................................... .............. ...................................... .......38 7.2 TERMS AND CONDITIONS ..............................................................................................38 7.3 RATE ELEMENTS..........................................................................................................42 7.4 ORDERING PROCESS ...................................................................................................42 SECTION 8.0 - NETWORK SECURITY ....................................................................................43 SECTION 9.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)............................45 9.1 GENERAL TERMS .........................................................................................................45 9.2 OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROVISIONING ..............................45 9.3 MAINTENANCE AND REPAIR ................................................. ......................................... 56 SECTION 10.0 - DIRECTORY PUBLISHER .............................................................................67 SECTION 11.0 - SERVICE PERFORMANCE ..........................................................................68 SECTION 12.0 - SIGNATURE PAGE .......................................................................................69 August 3, 2009/msd/iNETWORKS Group/ID/CDS-090803-0018 Owest Resale Template - (v7-28-09)ii . . . Section 1 General Terms Section 1.0 . GENERAL TERMS 1.1 This Resale Agreement is between Owest Corporation ("Owest),a Colorado corporation, and iNETWORKS Group, Inc. ("ReseUet'), an Illnois corporation, pursuant to Section 252 of the Telecommunications Act of 1996, for purposes of fulfiUing Owests obligations under Sections 222,251 (a), (b), and (c), 252, 271 and other relevant provisions of the Act and the rules and regulations promulgated thereunder. 1.2 This Agreement sets forth the terms, conditions and pricing under which Owest wil provide to ReseUer ancilary services and Telecommunications Services available for resale within the geographical areas in which Owest is providing local exchange service at that time, and for which Owest is the incumbent Local Exchange Carrier within the State of Washington, for purposes of providing local Telecommunications Services. August 3, 2009/msdftNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-Q9) .. Section 2 I nterpretalion 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 matenally 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 Party's network may not be in compliance with the latest release of technical references, technical publications, or publications of Telecommunications industry administrative or technical standards. 2.2 The provisions in this Agreement are intended to be in compliance with and based on the existing state of the law, rules, regulations and interpretations thereof, including but not limited to state and federal rules, regulations, and laws as of March 11, 2005 (the Existing Rules). Nothing in this Agreement shall be deemed an admission by Owest or Reseller concerning the interpretation or effect of the Existing Rules or an admission by Qwest or Reseller that the Existing Rules should not be changed, vacated, dismissed, stayed or modified. Nothing in this Agreement shall preclude or estop Owest or Reseller from taking any position in any forum concerning the proper interpretation or effect of the Existing Rules or concerning whether the Existing Rules should be changed, vacated, dismissed, stayed or modifed. To the extent that the Existing Rules are vacated, dismissed, stayed or matenally changed or modified, then this Agreement shall be amended to reflect such legally binding modification or change of the Existing Rules. Where the Parties fail to agree upon such an amendment within sixty (60) Days after notification from a Party seeking amendment due to a modification or change of the Existing Rules or if any time during such sixty (60) Day period the Parties shall have ceased to negotiate such new terms for a continuous period of fifteen (15) Days, it shall be resolved in accordance with the Dispute Resolution provision of this Agreement. It is expressly understood that this Agreement wil be corrected, or if requested by Reseller, amended as set forth in this Section 2.2, to reflect the outcome of generic procedings 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 Party within thirt (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 thirty (30) Days, the . August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-o027 Qwest Resale Template - (v7-28-09)2 . . . . Section 2 Interpretation and Construction effective date of the legally binding change shall be the Effective Date of the amendment unless the Parties agree to a different date. During the pendency of any negotiation for an amendment pursuant to this Section 2.2 the Parties shall continue to perform their obligations in accordance with the terms and conditions of this Agreement, for up to sixty (60) Days. 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. 2.3 Unless otherwise specifically determined by the Commission, in cases of conflct between this Agreement and Qwests Tariffs, PCAT, methods and procedures, technical publications. policies, product notifications or other Qwest documentation relating to Qwests or Reseller's rights or obligations under this Agreement, then the rates, terms, and conditions of this Agreement shall prevaiL. To the extent another document abridges or expands the nghts or obligations of either Party under this Agreement, the rates, terms and conditions of this Agreement shall prevaiL. August 3, 2009/msd/iNETWORKS Group1WAlCDS-Û90803-o027 Owest Resale Template - (v7-28-09)3 Section 3 Reseller Information Section 3.0. RES ELLER INFORMATION . 3.1 Except as otherwise required by law, Qwest will not provide or establish ancilary services and/or resale of Telecommunications Services in accordance with the terms and conditions of this Agreement prior to Reseller's execution of this Agreement. The Parties shall complete Qwests "New Customer Questionnaire," as it applies to Reseller's obtaining of ancilary services, and/or resale of Telecommunications Services hereunder. 3.2 Prior to placing any orders for services under this Agreement, the Parties wil jointly complete the following sections of Qwests "New Customer Questionnaire": General Information Biling and Collection (Section 1) Credit Information Billng Information Summary Biling Operations Support Systems (OSS) and Network Outage Notification Contact Information System Administration Contact Information Ordering Information for resold 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 wil be used to: Determine geographical requirements;. Identify Reseller identification codes; Determine Qwest system requirements to support Reseller's specific activity; Collect credit information; Obtain Biling information; Create summary bils; Establish input and output requirements; Create and distribute Qwest and Reseller contact lists; and Identify Reseller hours and holidays. August 3, 2009/msd/iNETWORKS GroupNVAlCDS-090S03-0027 Qwest Resale Template - (v7-2S.09)4 . . . . Section 3 Reseller Information 3.2.2 Resellers that have previously èOmpleted a Questionnaire need not fill out a New Customer Questionnaire; however, Reseller 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, Reseller wil need to complete the relevant New Product Questionnaire and amend this Agreement. August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Owest Resale Template - (v7-28-09)5 Section 4 Definitions Section 4.0 . DEFINITIONS "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. . "Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another Person. For purposes of this paragraph, the term 'own' means to own an equity interest (or the equivalent thereof) of more than 10 percent. "Applicable Law" means all laws, statutes, common law, ordinances, codes, rules, guidelines, orders, permits and approval of any governmental regulations, including, but not limited to, the Act, the regulations, rules, and final orders of the FCC and the Commission, and any final orders and decisions of a court of competent jurisdiction reviewing the regulations, rules, or orders of the FCC or the Commission. "ATIS" or "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 reference herein. "Automatic Location Identification" or "AU" is the automatic display at the Public Safety Answering Point (PSAP) of the callets telephone number, the address/location of the telephone and supplementary emergency services information for Enhanced 911 (E911). "Automatic Location Identification/Database Management System" or "AUIDMS" is an Enhanced 911/(E911) database containing End User Customer location information (including name, service address, telephone number, and sometimes special information from the local service provider) used to determine to which Public Safety Answering Point (PSAP) to route the call and used by the PSAP for emergency call handling (i.e., dispatch of emergency aid).."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 accss to ancilary services such as 911, Directory Assistance and operator services. "Bil Date" means the date on which a Billng period ends, as identifed on the bil. "Billng" involves the provision of appropriate usage data by one Telecommunications Carrier to another to facilitate Customer Biling with attendant acknowledgments and status reports. It also involves the exchange of information between Telecommunications Carriers to process claims and adjustments. August 3, 2009/msdfiNETWORKS GroupNVAlCDS-090803-Q027 Owest Resale Template - (v7-28-Q9)6 . . . . Section 4 Definitions "Carrier" or "Common Carrier" See Telecommunications Carrier. "Central Offce" means a building or a space within a building where transmission facilties or circuits are connected or switched. "Central Offce Switch" means a Switch used to provide Telecommunications Services, including, but not limited to: "End Office Switches" which are used to terminate End User Customer station loops, or equivalent, for the purpose of interconnecting to each other and to trunks. "Centrex" shall have the meaning set forth in Section 6.2.2.9. "Commission" means the Washington Utilities and Transportation Commission. "Communications Assistance for Law Enforcement Act" or "CALEA" refers to the duties and obligations of Carriers to assist law enforcement agencies by intercepting communications and records, and installng pen registers and trap and trace devices. "Confidential Information" shall have the meaning set forth in Section 5.16. "Current Service Provider" means the Party from which an End User Customer is planning to switch its local exchange service or the Part from which an End User Customer is planning to port its telephone number(s). "Customer" is a Person to whom a Party provides or has agreed to provide a specific service or set of services, whether directly or indirectly. Customer includes Telecommunication Carriers. See also, End User Customer. "Day" means calendar days unless otherwise specified. "Effective Date" shall have the meaning set forth in Section 5.2 "Electronic Bonding" is a real-time and secure electronic exchange of data between information systems in separate companies. Electronic Bonding allows electronic access to services which have traditionally been handled through manual means. The heart of Electronic Bonding is strict adherence to both International and National standards. These standards define the communication and data protocols allowing all organizations in the world to exchange information. (See also Interoperabilty.) "End User Customer" means a third party retail Customer that subscribes to Telecommunications Services provided by either of the Parties or by another Carrier or by two (2) or more Carriers. "Enhanced Services" means any service offered over Common Carrier transmission facilties that employ computer processing applications that act on the format, content, code, protocol or similar aspects of a subscriber's transmitted.. information; that provide the subscriber with additional, different or restructured information; or involve End User Customer interaction with stored information. "Enhanced 911" or "E911" shall have the meaning set forth in Section 6. August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-09)7 Secion 4 Definitios "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 Liabilty Act, Superfund Amendment and Reauthorization Act, Resource Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar purposes in applicable foreign, state and local jurisdictions) or (ii) poses risks to human health, safety or the environment (including, without limitation, indoor, outdoor or orbital space environments) and is regulated under any Applicable Law. . "Exchange Access" shalL have the same meaning as in the Act. "Exchange Message Interface" or "EMI" means the format used for exchange of Telecommunications message information among Telecommunications Carriers. It is referenced in the Allance 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-bilable, sample, settement and study data. EMR format is contained in BR-01D-200-010 CRIS Exchange Message Record, a Telcordia document that defines industry standards for exchange message records. "Exchange Service" or "Extended Area Service (EAS)/Local Traffc' means traffc that is originated and terminated within the Local Calling Area as determined by the Commission or the in Qwests Exchange and Network Services Catalogs as applicable. "FCC" means the Federal Communications Commission. "Firm Order Confirmation" or "FOC' means the notice Qwest provides to Reseller to confirm that the Reseller 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.."Information Services' is the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via Telecommunications, and includes electronic publishing, but does not include any use of any such capabilty for the management, control, or operation of a Telecommunications system or the management of a Telecommunications Service. "Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA or IntraLATA Toll services. "InterLATA Traffc" describes Telecommunications between a point located in a Local Access Transport and Area (LATA) and a point located outside such area. "Interoperabilty" means the abilty of a Qwest OSS Function to process seamlessly (Le., without any manual intervention) business transactions with Reseller's OSS application, and vice versa, by means of secure exchange of transaction data models that use data fields and usage rules that can be received and processed by the other Part to achieve the intended OSS Function and related response. (See also Electronic Bonding.) August 3. 2009/msd/iNETWORKS Group1WAlCDS-090803-o027 Qwest Resale Template - (v7-28-09)8 . . . . Section 4 Definitions "lntraLATA LEC Toll" means IntraLATA Toll traffc carried solely by a Local Exchange Carrier and not by an IXC. "lntraLATA Toll Traffc" describes IntraLATA Traffic outside the Local Callng Area as determined by the Commission or the in Qwests Exchange and Network Services Catalogs as applicable. "Legitimately Related" terms and conditions are those rates, terms, and conditions that relate solely to the individual, service being requested by Reseller under Section 252(i) of the Act, and not those relating to other, services or elements in the approved Agreement. This definition is not intended to limit the FCC's interpretation of "legitimately related" as found in its rules, regulations or orders Or the interpretation of a court of competent jurisdiction. "Local Access Transport Area" or "LATA" is as defined in the Act. "Local Callng Area" is a geographically defined area as established by the effective tariffs of Qwest as approved by the Commission. "Maintenance of Service charge" is a charge that relates to trouble isolation. Maintenance of Service charges are set forth in Exhibit A. Basic Maintenance of Service charges apply when the Qwest technician performs work during standard business hours. Overtime Maintenance of Service charges apply when the Qwest technician performs work on a business day, but outside standard business hours, or on a Saturday. Premium Maintenance of Service charges apply when the Qwest technician performs work on either a Sunday or Qwest recognized holiday. "Miscellaneous Charges" mean cost-based charges that Qwest may assess in addition to recurring and nonrecurring rates, for activities Reseller requests Qwest to perform, activities Reseller authorizes, or charges that are a result of Reseller's actions, such as cancellation charges, additional labor and maintenance. Miscellaneous Charges are not already included in Qwests recurring or nonrecurring rates. Miscellaneous Charges are that Miscellaneous Charges for resale services are provided in the applicable tariff, catalog, or price list. "911 Service" shall have the meaning set forth in Section 6. "NXX" is the three (3) digit Switch entity code which is defined by the D, E, and F digits of a ten (10) digit telephone number within the NANP. "Operational Support Systems" or "OSS" shall have the meaning set forth in Section 9. "Ordering and Billing Forum" or "OBF" means the telecommunications industry forum, under the auspices of the Carrier Liaison Committee of the Allance for Telecommunications Industry Solutions, concerned with inter-company ordering and Biling. "Parity" means the provision of non~iscriminatory access to Resale, and other services provided under an Agreement to the extent legally required on rates, terms and conditions that are non-discriminatory, just and reasonable. Where Technically Feasible, the access provided by 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 part. "Party" means either Qwest or Reseller and "Parties" means Qwest and Reseller. August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7 -28-09)9 Section 4 Definitions "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.. "Performance Indicator Definitions" or "PIDs" shall have the meaning set forth in Exhibit B. "POTS" means plain old telephone service. "Proof of Authorization" or "POA" shall consist of venfication of the End User Customer's selection and authorization adequate to document the End User Customets selection of its local service provider. "Propnetary Information" shall have the same meaning as Confidentiallnforration. "Provisioning" involves the exchange of information between Telecommunications Carriers where one executes a request for a set of products and services from the other with attendant acknowledgments and status reports. "Public Safety Answering Point" or "PSAP" is the public safety communications center where 911/E911 calls for a specific geographic area are answered. "Public Switched Network" includes all Switches and transmission facilities, whether by wire or radio, provided by any Common Carrier including LECs, IXCs and CMRS providers that use the NANP in connection with the provision of switched services. "Resale Agreement" or "Agreement" is an agreement entered into between Owest and Reseller for ancilary services and resale of telecommunications services as a result of negotiations, adoption and/or arbitration or a combination thereof pursuant to Section 252 of the Act. "Reseller" is a category of Resellers who purchase the use of Finished Services for the purpose of resellng those Telecommunications Services to their End User Customers. "Serving Wire Centet' denotes the Owest building from which dial tone for local Exchange Service would normally be provided to a particular End User Customer premises.. "Stand-Alone Test Environment" or "SATE" shall have the meaning set forth in Section 9. "Tariff as used throughout this Agreement refers to Owest interstate Tariffs and state Tariffs, price lists, and price schedules. "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. "Telecommunications Carrier" means any provider of Telecommunications Services, except that such term does not include aggregators of Telecommunications Services (as defined in Section 226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the Act only to the extent that it is engaged in providing Telecommunications Services, except that the Federal Communications Commission 'Shall determine whether the provision of fixed and mobile satellte service shall be treated as common carnage. August 3. 2009/msd/iNETWORKS GroupIWAlCDS-090S03-0027 Qwest Resale Template - (v7-2S-Q9)10 . . . . Section 4 Definitions "Telecommunications Services" means the offering of Telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. "Waste" means all hazardous and non-hazardous substances and materials which are intended to be discarded, scrapped or recycled, associated with activities Reseller or Qwest or their respective contractors or agents penorm 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 Reseller, Qwest or their respective contractors or agents intend to use in their original form in connection with similar activities, are Waste. Waste shall not include substances, materials or components incorporated into structures (such as cable routes) even after such components or structure are no longer in current use. "Wire Center" denotes a building or space within a building that serves as an aggregation point on a given Carrier's network, where transmission facilties are connected or switched. Wire Center can also denote a building where one or more Central Offces, used for the provision of Basic Exchange Telecommunications Services and Access Services, are located. "Work Locations" means any real estate that Reseller or Qwest, as appropriate, owns, leases or licenses, or in which it holds easements or other rights to use, or does use, in connection with this Agreement. Terms not otherwise defined here, but defined in the Act and the orders and the rules implementing the Act, shall have the meaning defined there. The definition of terms that are included here and are also defined in the Act, or its implementing orders or rules, are intended to include the definition as set forth in the Act and the rules implementing the Act. August 3, 2009/msd/iNETWORKS GroupIWNCDS-090803-0027 Qwest Resale Template - (v7-28-09)11 Section 5 Terms and Conditions Section 5.0 . TERMS AND CONDITIONS . 5.1 General Provisions 5.1.1 Each Party is solely responsible for the services it provides to its End Users and to other Telecommunications Carriers. This provision is not intended to limit the liability of either Part for its failure to perform under this Agreement. 5.1.2 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. 5.1.3 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, Qwest shall not assess any charges against Reseller for services, facilities, ancilary services and other related works 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 and ancilary services) and all new and additional services to be provided hereunder, shall be priced in accordance with all applicable provisions of the Act and the rules and orders of the Federal Communications Commission and orders of the Commission. 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 November 1, 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 part may request negotiation of a successor Agreement by written notice to the other Party no earlier than one hundred sixty (160) Days prior to the expiration of the term, or the Agreement shall renew on a month to month basis. The date of this notice 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 Reseller from fulfillng the obligations incurred under the prior Agreement. . 5.3 Proof of Authorization (POA) 5.3.1 Each Part 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. August 3, 2009/msdliNETWORKS Group1WAlCD5-090803-O27 Qwest Resale Template - (v7-28-09) .12 . . . . Section 5 Terms and Conditions 5.4 Payment 5.4.1 Amounts payable under this Agreement are due and payable within thirty (30) Days after the date of invoice (Payment Due Date). If a Payment Due Date falls on a Sunday, or on a holiday which is observed on a Monday, the payment date shall be the first non-holiday day following such Sunday or holiday. If a Payment Due Date falls on a Saturday or on a holiday which is observed on Tuesday, Wednesday, Thursday or Friday, the payment date shall be the last non-holiday day preceding such Saturday or holiday. For invoices distributed electronically, the date of invoice date is the same as if the invoice were biled on paper, not the date the electronic delivery occurs. If either Party fails to make payment on or before the Payment Due Date, the other Party may invoke all available rights and remedies. 5.4.2 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 thirty (30) Days following the payment due date provided the Biling Part has notified the other Party in writing and the Commission on a confidential basis at least ten (10) business days prior to discontinuing the processing of orders for services. If the Biling Party does not refuse to accept additional orders for the services on the date specified in the ten (10) business days' notice, and the other Part's non-compliance continues, nothing contained herein shall preclude the Biling Part's right to refuse to accept additional orders for the services from the non-complying Party without further notice. For order processing to resume, the biled Part will be required to make full payment of all charges for the services not disputed in good faith under this Agreement. Additionally, the Billng Part may require a deposit (or additional deposit) from the billed Party, pursuant to this Section. In addition to other remedies that may be available at law or equity, the biled Part reserves the right to seek equitable relief, including injunctive relief and specific penormance. 5.4.3 The Billng Party may disconnect services for failure by the biled 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 biled Party wil pay the applicable reconnect charge set forth in Exhibit A required to reconnect each service disconnected pursuant to this paragraph. The Biling Part wil notify the biled Party in writing and the Commission on a confidential basis at least ten (10) business days prior to disconnection of the service(s). In case of such disconnection, all applicable undisputed charges, including termination charges, shall become due. If the Billing Part does not disconnect the biled 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 Billng Party's right to disconnect services of the non-complying Part without further notice. For reconnection of the services to occur, the billed Part wil be required to make full payment of all past and current undisputed charges under this Agreement for the services. Additionally, the Billing Party wil request a deposit (or recalculate the deposit) as specifed in Section 5.4.5 and 5.4.7 from the billed Part, pursuant to this Section. If the billed Part is a new Reseller customer of Qwest, the application of this provision will be suspended for the initial three (3) Billng 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 penormance. 5.4.4 Should Reseller or Qwest 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 August 3, 2009/msd/iNElWORKS GroupIWAlCDS-090803-0027 awes! Resale Template - (v7-28-09)13 Section 5 Terms and Conditions payment due date identifying the amount, reason and rationale of such dispute. At a minimum, Reseller and Qwest shall pay all undisputed amounts due. Both Reseller and Qwest agree to expedite the investigation of any disputed amounts, promptly provide reasonably requested documentation regarding the amount disputed, and work in goo 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 Biling Party, the withholding Party 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 Part, 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 Biling Party, no further action is required. 5.4.4.2 If a Party pays the disputed charges and the dispute is resolved in favor of the Billing 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 Biling Part wil adjust the Billng, usually within two (2) Biling cycles, after the resolution of the dispute, as follows: (1) the Billng Part wil credit the Biled Part'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 sixt (60) Days following the invoice date on which the rate or charge appeared, adjustment will be made on a going-forward basis only, beginning with the date of the dispute. 5.4.5 In the event of a material adverse change in Reseller'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 Reseller is a new Reseller with no established credit history, or is a Reseller that has not established satisfactory credit with Qwest, or the Party is repeatedly delinquent in making its payments, or is being reconnected after a disconnection of Service or discontinuance of the processing of orders by Qwest due to a previous failure to pay undisputed charges in a timely manner. Qwest may require a deposit to be held as security for the payment of charges before the orders from Reseller wil be provisioned and completed or before reconnection of Service. "Repeatedly delinquent" means any payment of a material amount of total monthly Billng 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 Biling. The deposit may be adjusted by Reseller's actual monthly average charges, payment history under this Agreement, or other relevant factors, but in no event wil August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-D027 Qwest Resale Template - (v7-28-D9)14 . . . . Section 5 Terms and Conditions the security deposit exceed five millon dollars ($5,000,000.00). The deposit may be an irrevocable bank letter of credit, a letter of credit with terms and conditions acceptable to Qwest, or some other form of mutually acceptable security such as a cash deposit. Required deposits are due and payable within 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 will be paid on cash deposits at the rate applying to deposits under applicable Commission regulations. Cash deposits and accrued interest wil be credited to Reseller's account or refunded, as appropriate, upon the earlier of the expiration of the term of the Agreement or the establishment of satisfactory credit with Qwest, which wil generally be one full year of timely payments of undisputed amounts in full by Reseller. Upon a material change in financial standing, including factors referenced in Section 5.4.5 above, Reseller may request and the Qwest wil consider a recalculation of the deposit. The fact that a deposit has been made does not relieve Reseller from any requirements of this Agreement. 5.4.7 Qwest may review Reseller's credit standing and modify the amount of deposit required but in no event wil 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 Reseller shall be responsible for notifying its End User Customers of any pending disconnection of a service by Reseller, if necessary, to allow those End User Customers to make other arrangements for such services. 5.5 Taxes 5.5.1 Any federal, state, or local sales, use, excise, gross receipts, transaction or similar taxes, fees or surcharges resulting from the performance of this Agreement shall be borne by the Party upon which the obligation for payment is imposed under Applicable Law, even if the obligation to collect and remit such taxes is placed upon the other Party. However, where the selling Part 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 Party purchasing the services. Each Part 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 wil be applied. If either Party (the Contesting Part) contests the application of any tax collected by the other Part (the Collecting Party), the Collecting Party shall reasonably cooperate in good faith with the Contesting Party's challenge, provided that the Contesting Party pays any costs incurred by the Collecting Party. The Contesting Party is entitled to the benefit of any refund or recovery resulting from the contest, provided that the Contesting Party is liable for and has paid the tax contested. 5.6 Insurance 5.6.1 Each Party shall at all times during the term of this Agreement, at its own cost and expense, carry and maintain all insurance required by law and Commercial General Liabilty insurance covering claims for bodily injury, death, personal injury or property damage and August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Owest Resale Template - (v7 -28-09)15 Section 5 Terms and Conditions contractual liability with respect to the liability assumed by each Part hereunder. The limits of insurance shall not be less than $1,000,000 (one milion dollars) each occurrence and $2,000,000 (two milion dollars) general aggregate limit. Such coverage shall be written with insurers having a "Best's" rating of A-VII. Upon request each Party will provide a certificate of insurance evidencing coverage. Such certificate shall (1) name the other Part as an additional insured under commercial general liabilty coverage; (2) provide thirty (30) Days prior written notice of cancellation of, material change or exclusions in the policy(s) to which certificate(s) relate. . 5.7 Force Majeure 5.7.1 Neither Party shall be liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence including, without limitation, acts of nature, acts of civil or military authority, government regulations, 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). Inabilty to secure products or services of other Persons or transportation facilities or acts or omissions of transportation carriers shall be considered Force Majeure Events to the extent any delay or failure in performance caused by these circumstances is beyond the Party's control and without that Party's fault or negligence. The Party affected by a Force Majeure Event shall give prompt notice to the other Party, shall be excused from performance of its obligations hereunder on a day to day basis to the extent those obligations are prevented by the Force Majeure Event, and shall use reasonable efforts to remove or mitigate the Force Majeure Event. In the event of a labor dispute or strike the Parties agree to provide service to each other at a level equivalent to the level they provide themselves. 5.8 Limitation of Liabilty 5.8.1 Each Part's liabilty to the other Part 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 Party for the service(s) or function(s) not performed or improperly performed. Each Part's liability to the other Part for any other losses shall be limited to the total amounts charged to Reseller under this Agreement during the contract year in which the cause accrues or arises. Payments pursuant to the QPAP shall not be counted against the limit provided for in this Section. . 5.8.2 Neither Party 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 Party regardless of the form of action, whether in contract, warranty, strict liability, tort, including (without limitation) negligence of any kind and regardless of whether the Parties know the possibilty 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 or any penalties associated with Docket No. UT 991358. 5.8.3 Intentionally Left Blank. 5.8.4 Nothing contained in this Section shall limit either Party's liabilty to the other for (i) wilful or intentional misconduct or (ii) damage to tangible real or personal propert August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-O27 Owest Resale Template - (v7-28-09)16 . . . . Section 5 Terms and Conditions 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 failng 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 Part and each of its offcers, directors, employees and agents (each an Indemnitee) from and against and in respect of any loss, debt, liabilty, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated pr unliquidated including, but not limited to, reasonable costs and expenses (including attorneys' fees), whether suffered, made, instituted, or asserted by any Person or entity, for invasion of privacy, bodily injury or death of any Person or Persons, or for loss, damage to, or destruction of tangible property, whether or not owned by others, resulting from the Indemnifying 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 Party whose End User Customer alleged or incurred such claims or loss (the Indemnifying Party) shall defend and indemnify the other Party and each of its offcers, directors, employees and agents (collectively the Indemnified Party) against any and all such claims or loss by the Indemnifying Party's End User Customers regardless of whether the underlying service was provided or was provisioned by the Indemnified Part, unless the loss was caused by the wilful misconduct of the Indemnified Party. The obligation to indemnify with respect to claims of the Indemnifying Party's End User Customers shall not extend to any claims for physical bodily injury or death of any Person or persons, or for loss, damage to, or destruction of tangible property, whether or not owned by others, alleged to have resulted directly from the negligence or intentional conduct of the employees, contractors, agents, or other representatives of the Indemnified Party. 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 Party of any action taken against the Indemnified Part relating to the indemnification. Failure to so August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-D027 Qwest Resale Template - (v7-28-09)17 Section 5 Terms and Conditions notify the Indemnifying Party shall not relieve the Indemnifying Party of any liability that the Indemnifying Party might have, except to the extent that such failure prejudices the Indemnifying Party's abilty 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 Party does not accept the defense of the action, the Indemnified Part shall have the right to employ counsel for such defense at the expense of the Indemnifying Party. Each Part agrees to cooperate with the other Party in the defense of any such action and the relevant records of each Party shall be available to the other Part with respect to any such defense. . 5.9.2.3 In no event shall the Indemnifying Party settle or consent to any judgment pertaining to any such action without the prior written consent of the Indemnified 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 Party shall not be responsible for, nor shall it be obligated to indemnify the relevant Indemnified Part against, any cost or liabilty in excess of such refused compromise or settlement. 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 specifcally 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 propert, now or hereafter owned, controlled or licensable by either Part. Nothing in this Agreement shall be construed as the grant to the other Part 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 Indemnifed Part) harmless from and against any loss, cost, expense or liabilty arising out of a claim that the use of facilities of the Indemnifying Party or services provided by the Indemnifying Part provided or used pursuant to the terms of this Agreement misappropriates or otherwise violates the intellectual property rights of any third party. In addition to being subject to the provisions of Section 5.9.2, the obligation for indemnification recited in this paragraph shall not extend to infringement which results from (a) any combination of the facilties or services of the Indemnifying Party with facilities or services of any other Person (including the Indemnified Part but excluding the Indemnifying Party and any of its Affliates), which combination is not made by or at the direction of the Indemnifying Party or (b) any modification made to the facilties or services of the Indemnifying Party by, on behalf of or at the request of the Indemnified Part and not required by the Indemnifying Part. In the event of any claim, the Indemnifying Part may, at its sole option (a) obtain the right for the Indemnified Party to continue to use the facility or service; or (b) replace or modify the facility or service to make such facility or service non-infringing. If the Indemnifying Part is not reasonably able to obtain the right for continued use or to replace or modify the facility or service as provided in the August 3, 2009/msdIiNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-Q9)18 . . . . Section 5 Terms and Conditions 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 Party 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 Part may request that the Indemnified Part take steps to mitigate damages resulting' from the infringement or alleged infringement including, but not limited to, accepting modifications to the faciliies 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 propert rights to Qwest in connection with facilities and services provided hereunder, licenses under such intellectual property rights as necessary for Reseller to use such facilties and services as contemplated hereunder and at least in the same manner used by Qwest for the facilties and services provided hereunder. Qwest shall notify Reseller immediately in the event that Qwest believes it has used its best efforts to obtain such rights, but has been unsuccessful in obtaining such rights. 5.10.3.1 Qwest covenants that it wil not enter into any licensing agreements with respect to any Owest facilities, equipment or services, including software, that contain provisions that would disqualify Reseller from using or interconnecting with such facilities, equipment or services, including softare, pursuant to the terms of this Agreement. Qwest warrants and further covenants that it has not and will not knowingly modify any existing license agreements for any network facilities, equipment or services, including software, in whole or in part for the purpose of disqualifying Reseller from using or interconnecting with such facilties, equipment or services, including softare, pursuant to the terms of this Agreement. To the extent that providers of facilities, equipment, services or software in Qwests network provide Qwest with indemnities covering intellectual property liabilties and those indemnities allow a flow-through of protection to third parties, Qwest shall flow those indemnity protections through to Reseller. 5.10.4 Except as expressly provided in this Intellectual Property Section, nothing in this Agreement shall be construed as the grant of a license, either express or implied, with respect to any patent, copyright, logo, trademark, trade name, trade secret or any other intellectual property right now or hereafter owned, controlled or licensable by either Part. Neither Part may use any patent, copyright, logo, trademark, trade name, trade secret or other intellectual property rights of the other Party or its Affliates without execution of a separate agreement between the Parties. 5.10.5 Neither Party shall without the express written permission of the other Party, state or imply that: 1) it is connected, or in any way affiliated with the other or its Affliates; 2) it is part of a joint business association or any similar arrangement with the other or its Affliates; 3) the other Part and its Affliates are in any way sponsoring, endorsing or certifying it and its goods and services; or 4) with respect to its marketing, advertising or promotional activities or materials, the resold goods and services are in any way associated with or originated from the other or any of its Affliates. Nothing in this paragraph shall prevent either Part 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. August 3, 2009/msd/iNETWORKS Group1WNCDS-090803-0027 Qwest Resale Template - (v7-28-09)19 Section 5 Terms and Conditions 5.10.6 For purposes of resale only and notwithstanding the above, unless otherwise prohibited by Qwest pursuant to an applicable provision herein, Reseller may use the phrase "Reseller is a Reseller of Qwest Services" (the Authorized Phrase) in Reseller'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 Reseller. 5.10.6.2 Reseller's use of the Authorized Phrase does not cause End User Customers to believe that Reseller is Qwest. 5.10.6.3 The Authorized Phrase, when displayed, appears only in text form (Reseller 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 Reseller's name and in no event shall exceed 8 point size. 5.10.6.4 Reseller shall provide all printed materials using the Authorized Phrase to Qwest for its prior written approvaL. 5.10.6.5 If Qwest determines that Reseller's use of the Authorized Phrase causes End User Customer confusion, Qwest may immediately terminate Reseller's right to use the Authorized Phrase. 5.10.6.6 Upon termination of Reseller's right to use the Authorized Phrase or termination of this Agreement, all permission or right to use the Authorized Phrase shall immediately cease to exist and Reseller shall immediately cease any and all such use of the Authorized Phrase. Reseller shall either promptly return to Qwest or destroy all materials in its possession or control displaying the Authorized Phrase. 5.10.7 Qwest and Reseller each recognize that nothing contained in this Agreement is intended as an assignment or grant to the other of any right, title or interest in or to the trademarks or service marks of the other (the Marks) and that this Agreement does not confer any right or license to grant sublicenses or permission to third parties to use the Marks of the other and is not assignable. Neither Part will do anything inconsistent with the other's ownership of their respective Marks, and all rights, if any, that may be acquired by use of the Marks shall inure to the benefit of their respective Owners. The Parties shall comply with all Applicable Law governing Marks worldwide and neither Part wil infringe the Marks of the other. . 5.10.8 Intentionally Left Blank. 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. August 3, 2009/msd/iNETWORKS GroupIWAlCDS-Q0S03-Q27 Owst Resale Template - (v7-2S-Q9)20 . . . . Section 5 Terms and Conditions 5.12 Assignment 5.12.1 Neither Party may assign or transfer (whether by operation of law or otherwise) this Agreement (or any rights or obligations hereunder) to a third party without the prior written consent of the other Part. 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 permitted is void ab initio. Without limiting the generaliy of the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the Parties' respective successors and assigns. 5.12.2 Intentionally Left Blank. 5.12.3 Nothing in this section is intended to restrict Resellets rights to opt into interconnection agreements under Section 252(i) of the Act and 47 C.F.R. § 51.809. 5.13 Default 5.13.1 If either Party defaults in the payment of any amount due hereunder, or if either Party violates any other material provision of this Agreement, and such default or violation shall continue for thirty (30) Days after written notice thereof, the other Party may seek relief in accordance with the Dispute Resolution provision of this Agreement. The failure of either 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 Part 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 liabilty 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 Party. Except as otherwise expressly provided in. this Agreement, no Party undertkes to perform any obligation of the other Part whether regulatory or contractual, or to, assume any responsibility for the management of the other Party'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 unènforceable or invalid in any respect under law or regulation, the Parties wil 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 wil affect only the portion of this Agreement which is invalid or ünenforceable. In all other respects, this Agreement wil stand as if such invalid or unenforceable provision had not been a part hereof, and the remainder of this Agreement shall remain in full force and effect. 5.16 Nondisclosure 5.16.1 All information, including but not limited to specifications, microfim, photocopies, magnetic disks, magnetic tapes, drawings, sketches, models, samples, tools, technical August 3, 2009/msd/iNETWORKS GroupIWAlCDS-Q90803-0027 Qwest Resale Template - (v7-28-Q9)21 Section 5 Terms and Conditions information, data, employee records, maps, financial report, and market data, (i) furnished by one Party to the other Party dealing with business or marketing plans, End User Customer specific, facilty specific, or usage specific information, other than End User Customer information communicated for the purpose of providing Directory Assistance or publication of directory database, or (ii) in written, graphic, electromagnetic, or other tangible form and marked at the time of delivery as "Confidential" or "Proprietary", or (iii) communicated and declared to the receiving Party at the time of delivery, or by written notice given to the receiving Party within ten (10) Days after delivery, to be "Confidential" or "Proprietary" (collectively referred to as "Proprietary Information"), shall remain the property of the disclosing Party. A Party who receives Proprietary Information via an oral communication may request written confirmation that the material is Proprietary Information. A Part 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 shal~ 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 Part shall from that time forward, treat such information as Proprietary Information. To the extent permitted by Applicable Law, either Part may disclose to the other proprietary or confidential customer, technical or business information. . 5.16.2 Upon request by the disclosing Part, the receiving Part 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 Party's Proprietary Information only in connection with this Agreement and in accordance with Applicable Law, including but not limited to, 47 U.S.C. § 222. In accrdance with Secion 222 of the Act, when either Part receives or obtains Propretary Information from the other Part for purposes of providing any Telecommunications Services, that Part shall use such information only for such purpose, and shall not use such information for its own marketing efforts. Neither Party shall use the other Party's Proprietary Information for any other purpose except upon such terms and conditions as may be agreed upon between the Parties in writing. Violations of these obligations shall subject a Part's employees to disciplinary action up to and including termination of employment. If either Part loses, or makes an unauthorized disclosure of, the other Party's Proprietary Information, it wil notify such other Part 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 Part 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 Party; or c) is rightfully received from a third Person having no direct or indirect secrecy or confidentiality obligation to the disclosing Party with respect to such information; or d) is independently developed by an employee, agent, or contractor of the receiving Part which individual is not involved in any manner with the provision of August 3, 2009/msdiiNETWORKS Group1WAlC08-090803-Q27 Qwest Resale Template - (v7-28-Q9)22 . . . . Section 5 Terms and Conditions 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 Party without similar restrictions on such third Person's rights; or f) is approved for release by written authorization of the disclosing Party; or g) is required to be disclosed by the receiving Party pursuant to Applicable Law orregulation provided that the receiving Part shall give sufficient notice of the requirement to the disclosing Party to enable the disclosing Part to seek protective orders. 5.16.5 Nothing herein is intended to prohibit a Part from supplying factu.al information about its network and Telecommunications Services on or connected to its network to regulatory agencies including the Federal Communications Commission and the Commission so long as any confidential obligation is protected. In addition either Party shall have the right to disclose Proprietary Information to any mediator, arbitrator, state or federal regulatory body, the Department of Justice or any court in the conduct of any proceeding arising under or relating in any way to this Agreement or the conduct of either Party in connection with this Agreement, including without limitation the approval of this Agreement, or in any proceedings concerning the provision of InterLAT A services by Qwest that are or may be required by the Act. The Parties agree to cooperate with each other in order to seek appropriate protection or treatment of such Proprietary Information pursuant to an appropriate protective order in any such proceeding. 5.16.6 Effective Date of this Section. Notwithstanding any other provision of this Agreement, the Proprietary Information provisions of this Agreement shall apply to all information furnished by either Party to the other in furtherance of the purpose of this Agreement, even if furnished before the Effective Date. 5.16.7 Each Party agrees that the disclosing Party could be irreparably injured by a breach of the confidentiality obligations of this Agreement by the receiving Party or its representatives and that the disclosing Party shall be entitled to seek equitable relief, including injunctive relief and specific performance in the event of any breach of the confidentiality provisions of this Agreement. Such remedies shall not be deemed to be the exclusive remedies for a breach of the confidentiality provisions of this Agreement, but shall be in addition to all other remedies available at law or in equity. 5.16.8 Nothing herein should be construed as limiting either 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 Intentionally Left Blank. 5.17 Survival 5.17.1 Any liabilties or obligations of a Party for acts or omissions prior to the termination of this Agreement, and any obligation of a Party under the provisions regarding indemnification, Confidential or Proprietary Information, limitations of liability, and any other provisions of this Agreement which, by their terms, are contemplated to survive (or to be performed after) termination of this Agreement, shall survive cancellation or termination hereof. August 3, 2009/msd/iNElWORKS Group/WAlCDS-090803-Q027 Owest Resale Template - (v7-28-Q9)23 Section 5 Terms and Conditions 5.18 Dispute Resolution .5.18.1 The Parties wil attempt in goo faith to resolve through negotiation any dispute, claim or controversy arising out of, or relating to, this Agreement. Either Part may give written notice to the other Part of any dispute not resolved in the normal course of business. Each Party will within seven (7) Days after delivery of the written notice of dispute, designate a vice- president level employee or a representative with authority to make commitments to review, meet, and negotiate, in good faith, to resolve the dispute. The Parties intend that these negotiations be conducted by non-lawyer, business representatives, and the locations, format, frequency, duration, and conclusions of these discussions 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. 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 will be brought in the United States District Court for the District of Colorado if it has subject matter jurisdiction over the action, and shall otherwise be brought in the Denver District Court for the State of Colorado. The Parties agree that such courts have personal jurisdiction over them. 5.18.2.1 Intentionally Left Blank. 5.18.2.2 Any final and binding order resulting from a dispute resolved under the procedures of section 5.18.2 may be entered in any court having jurisdiction thereof. The Parties shall submit a copy of each such order to the Commission, the Department of Commerce, and the Offce of Attorney General, Residential and Small Business Utilties Division for the purpose of determining any fiing and or review obligation under the federal or state law. . 5.18.3 Waiver of Jury Trial and Class Action. Each Part, 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 Part more than two (2) years after the cause of action arises. 5.19 Controllng Law 5.19.1 This Agreement is offered by Qwest and accepted by Reseller in accordance with applicable federal law and the state law of Washington. It shall be interpreted solely in accordance with applicable federal law and the state law of Washington. August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-09)24 . . . . Section 5 Terms and Conditions 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 Party is responsible under Applicable Law. 5.20.2 Intentionally Left Blank. 5.21 Notices 5.21.1 Any notices required by or concerning this Agreement shall be in writing and shall be sufficiently given if delivered personally, delivered by prepaid overnight express service, or sent by certified mail, return receipt requested, or by email where specified in this Agreement to Qwest and Reseller at the addresses shown below: Qwest Corporation: Director - Wholesale Contracts 1801 CalifOrnia Street, 24th Floor Denver, CO 80202 Phone: 303-965-3029 Fax: 303-965-3527 Email: intagree!Cqwest.com With copy to: Qwest Law Department Associate General Counsel, Interconnection 1801 California Street, 10th Floor Denver, CO 80202 Phone: 303-383-6553 Email: Legal.nterconnection!Cqwest.com RESELLER: Scott Layman CFO & Sr. VP Business Development iNETWORKS Group, Inc. 125 S Wacker Drive, Suite 2510 Chicago, IL 60606 Phone: 301-526-2919 Fax: 703-388-2449 Email: slayman!Cingts.com With copy to: Ray Cowley Sr. VP and General Manager iNETWORKS Group, Inc. 125 S Wacker Drive, Suite 2510 Chicago, IL 60606 Offce: 312-212-0825 Cell: 630-445-3378 Fax: 312-264-0467 Email: rcowley!Cingts.com ww.inetworksgroup.com If personal delivery is selected to give notice, a receipt acknowledging such delivery must be obtained. Each Party shall inform the other of any change in the above contact Person and/or address using the method of notice called for in this Section 5.21. 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 August 3. 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-09)25 Section 5 Terms and Conditions of all employees assisting in the performance of such obligations. Each Party will be solely responsible for all matters relating to payment of such employees, including compliance with social security taxes, withholding taxes and all other regulations governing such matters. Each Party 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 therefrom or otherwise generated in connection with its or its contractors' or agents' activities at the Work Locations. Subject to the limitations on liabilty and except as otherwise provided in this Agreement, each Part 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 dunng the performance of that Part'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 Party to this Agreement with any remedy, claim, liabilty, reimbursement, claim of action, or other right in excess of those existing by reference in this Agreement. 5.24 Intentionally Left Blank 5.25 Publicity 5.25.1 Neither Party shall publish or use any publicity matenals with respect to the execution and delivery or existence of this Agreement without the pnor written approval of the other Part. Nothing in this section shall limit a Part's abilty to issue public statements with respect to regulatory or ji,dicial 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 constiute 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 performance under this Agreement. Without limiting the foregoing, Qwest and Reseller agree to keep and maintain in full force and effect all permits, licenses, certificates, and other authonties needed to perform their respective obligations hereunder. 5.28 Compliance with the Communications Assistance Law Enforcement Act of 1994 5.28.1 Each Party represents and warrants that any equipment, facilties or services provided to the other Party under this Agreement comply with the CALEA. Each Part shall indemnify and hold the other Party harmless from any and all penalties imposed upon the other Part for such noncompliance and shall at the non-compliant Party's sole cost and expense, August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-09)26 . . . . Section 5 Tenns and Conditions modify or replace any equipment, facilities or services provided to the other Party under this Agreement to ensure that such equipment, facilities and services fully comply with CALEA. 5.29 Cooperation 5.29.1 The Parties agree that this Agreement involves the provision of Qwest 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 9 of this Agreement. 5.30 Amendments 5.30.1 Either Party 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 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, will be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any nghts 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. August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7 -28-09)27 Secton 6 Resale Section 6.0 - RESALE .6.1 Description 6.1.1 Qwest shall offer for resale at wholesale rates any Telecmmunications 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 Reseller for resale by Reseller, the Parties also acknowledge that Reseller is required to provide its Telecommunications Services to Qwest for resale by Qwest. Upon request by Qwest, Reseller 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 proceures that Reseller must use to access Qwests ass at no cost to Reseller. If Reseller asks Qwest personnel to travel to Reseller's location to deliver training, Reseller wil pay Qwests reasonable travel related expenses. Qwest may also offer to Reseller 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 Reseller 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 Reseller only to the same class of End User Customers eligible to purchase these services from Qwest. .' August 3, 2009/msd/iNETWORKS Group1WAlCDS-09803-Q27 Qwest Resale Template - (v7-28-Q9)28 . . . . Section 6 Resale 6.2.2.3.1 If Reseller is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest wil not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If Reseller is not an ETC and if Reseller wishes to resell TAP services, Reseller shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. Reseller shall complete and provide such certification to Qwest before Reseller purchases TAP services for resale, and shall re-eertify annually. The certification form and instructions are provided at Qwests web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 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 Reseller whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User Customer. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other non-Telecommunications Services such as inside wiring installation, 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 Qwest wil make retail Contract Service Arrangements (CSA) entered into by Qwest and Reseller available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwests applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply to resale of CSAs, including early termination liabilty. Reseller may take assignment of Qwests retail End User Customer's existing CSAs and 1) such assignments shall not trigger any otherwise applicable early termination charges; and 2) Reseller shall pay the full retail rate that would have been paid by the retail End User Customer for the remaining term of the assigned CSA. Should Reseller early terminate a CSA that was assigned to Reseller by a Qwest retail End User Customer, then any early termination charges included in the original CSA shall apply to Reseller. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer that early terminates, but does not assign a CSA to Reseller, including payment of any early termination charges. 6.2.2.8 Grandfathered services are available for resale by Reseller 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 Reseller'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 Reseller within a single Central Offce switching system. A common block August 3. 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-09)29 Section 6 Resale defines the dialing plan for intercom callng, access to the Public Switched Network and/or private facilities, station line and system restrictions and feature access arrangements and functionality. Reseller may purchase multiple common blocks within a single Central Offce switching system when Reseller requires different dialing plans, feature access arrangements and station line or system restrictions within a single system operation. Reseller with multiple common blocks within the same Central 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) loction and may provide station lines to multiple locations. . 6.2.2.9.2 Intentionally Left Blank. 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 Reseller for its own use and not resold to End User Customers must be identifed by Reseller as such, and Reseller will pay Qwest retail prices for such services. 6.2.3 Qwest shall provide to Reseller Telecommunications Services for resale that are at least equal'in quality and in substantially the same time and manner that Qwest provides these services to itself, its subsidiaries, its Affliates, other Resellers, and Qwests retail End User Customers. Qwest shall also provide resold services to Reseller in accordance with the Commission's retail service quality requirements, if any. Qwest further agrees to reimburse Reseller for credits or fines and penalties assessed against Reseller as a result of Qwests failure to provide service to Reseller, subject to the understanding that any payments made pursuant to this provision wil be an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of a penormance assurance plan, and further subject to the following provisions:. 6.2.3.1 Qwest shall provide service credits to Reseller 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 accrdance with the following: a) Qwests service credits to Reseller shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to Reseller. Qwest is not required to provide service credits for service failures that are the fault of Reseller; c) Intentionally Left Blank. d) Intentionally Left Blank. e) Intentionally Left Blank. August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-Q9)30 . . . . Section 6 Resale f) Intentionally Left Blank. 6.2.3.2 Fines and Penalties - Owest shall be liable to pay to Reseller fines and penalties for resold services in accordance with the Commission's retail service requirements that apply to Owest retail services, if any. Such credits shall be limited in accordance with the following: a) Owests fines and penalties paid to Reseller shall be subject to the wholesale discount; b) Owest shall only be liable to provide fines and penalties in accordance with the resold services provided to Reseller. Owest is not required to pay fines and penalties for service failures that are the fault of Reseller; c) Intentionally Left Blank. d) Intentionally Left Blank. e) Intentionally Left Blank. 6.2.4 In the event that there are existing agreements between Reseller and Owest for resale under Owest retail Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings, Reseller may elect to continue to obtain services for resale under the existing agreements and such retail Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings, or Reseller may elect to terminate such existing agreements and obtain such services by adopting this Agreement pursuant to the General Terms of this Agreement. If Reseller so adopts this Agreement, the associated wholesale discount specified in Exhibit A of this Agreement wil apply. 6.2.5 Intentionally Left Blank. 6.2.6 The Parties may not reserve blocks of telephone numbers except as allowed by Applicable Law or regulation. 6.2.7 Owest wil accept at no charge one (1) primary white pages Directory Listing for each main telephone number belonging to Reseller's End User Customer based on End User Customer information provided to Owest by Reseller. Owest wil place Reseller's End User Customer's Listings .in Owests Directory Assistance Database and will include such Listings in Owests Directory Assistance Service. For additional terms and conditions for Directory Listings see Section 7 of this Agreement. 6.2.8 Owest shall provide to Reseller, for Reseller's End User Customers, E911/911 call routing to the appropriate Public Safety Answering Point (PSAP). Owest shall not be responsible for any failure of Reseller to provide accurate End User Customer information for listings in any databases in which Owest is required to retain and/or maintain such information. Owest shall provide Reseller's End User Customer information to the Automatic Location Identification/Database Management System (ALI/DMS). Owest shall use its standard process to update and maintain Reseller's End User Customer service information in the ALlIDMS used to support E911/911 services on the same schedule that it uses for its retail End User Customers. Owest assumes no liability for the accuracy of information provided by Reseller. August 3, 2009/msd/iNElWORKS GroupIWAlCDS-090803,.027 Qwest Resale Template - (v7-28-09)31 Section 6 Resale 6.2.9 If Owest provides and Reseller accepts Owests Directory Assistance Service or operator services for Reseller's resold local Exchange Service lines, such Directory Assistance and operator services may be provided with branding as provided in this Agreement.. 6.2.10 Reseller shall designate the Primary Interexchange Carrier (PIC) assignments on behalf of its End User Customers for InterLATA and IntraLATA services. Reseller and Owest shall follow all Applicable Laws, rules and regulations with respect to PIC changes. Owest shall disclaim any liability for Reseller's improper InterLATA and IntraLATA PIC change requests, and Reseller shall disclaim any liabilty for Owests improper InterlATA (when applicable) and IntraLATA PIC change requests. 6.2.11 When End User Customers switch from Owest to Reseller, or to Reseller from any other Reseller and if they do not change their service address to an address served by a different Rate Center, such End User Customers shall be permitted to retain their current telephone numbers if they so desire and if such number retention is not prohibited by Applicable Laws or regulations for number administration and Local Number Portabilty (LNP). 6.2.12 In the event Owest properly terminates the Provisioning of any resold services to . Reseller for any reason, Reseller shall be responsible for providing any and all necessary notice to its End User Customers of the termination. In no case shall Owest be responsible for providing such notice to Reseller's End User Customers. Owest wil provide notice to Reseller of Owests 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 accss charges pursuant to its then effective Switched Access Tariff. 6.2.14 Resold services are available where facilties currently exist and are capable of providing such services without construction of additional facilities or enhancement of existing facilities. However, if Reseller requests that facilties be constructed or enhance to provide resold services, Owest wil construct facilties 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 Reseller 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 Reseller, Reseller 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. August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-Q027 Qwest Resale Template - (v7-28-09)32 . . . . Section 6 Resale 6.3.2 The Customer Transfer Charges (CTC) as specified in Exhibit A apply when transferring services to Reseller. 6.3.3 A Subscriber Line Charge (SLC), or any subsequent federally mandated charge to End User Customers, wil continue to be paid by Reseller without discount for each local exchange line resold under this Agreement. All federal and state rules and regulations associated with SLC as found in the applicable Qwest Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings also apply. 6.3.4 Reseller wil pay to Qwest the Primary Interexchange Carrier (PiC) change charge without discount for Reseller End User Customer changes of Interexchange or IntraLA T A Carriers. Any change in Reseller's End User Customer's Interexchange or IntraLAT A Carrier must be requested by Reseller on behalf of its End User Customer, and Qwest wil not accept changes to Reseller's End User Customer's Interexchange or IntraLATA Carrier(s) from anyone other than Reseller. 6.3.5 Reseller agrees to pay Qwest when its End User Customer activates any services or features that are biled on a per use or per activation basis (e.g., continuous redial, last call return, call back callng, call trace) subject to the applicable discount in Exhibit A as such may be amended pursuant to this Section. With respect to all such charges, Qwest shall provide Reseller with sufficient information to enable Reseller to bil its End User Customers. 6.3.6 Miscellaneous Charges applicable to services ordered for resale by Reseller wil apply if such Miscellaneous Charges apply for equivalent services ordered by Qwest retail End User Customers, except that Reseller will receive any applicable wholesale discount. Such Miscellaneous Charges include charges listed in the applicable Qwest Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. 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 bils Reseller 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 Reseller's bil(s). 6.3.9 If rates for services resold by Reseller under this Agreement change, based on changes in Qwests Tariffs, catalogs, price lists or other retail Telecommunications Services offerings, charges biled to Reseller 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 will be effective upon the effective date of the Tariff, catalog, price list, or other retail Telecommunications Services offerings. 6.3.10 Product-specific nonrecurring charges as set forth in Qwests applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings wil apply when new or additional resold services are ordered and installed at Reseller's request for use by Reseller's August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28.Q9)33 Section 6 Resale End User Customers. Such nonrecurring charges will be subject to the wholesale discount, if any, that applies to the underlying service being added or changed.. 6.4 Ordering Process 6.4.1 Reseller, or Reseller's agent, shall act as the single point of contact for its End User Customers' service needs, including without limitation, sales, service design, order taking, Provisioning, change orders, training, maintenance, trouble reports, repair, post-sale servicing, Biling, collection and inquiry. Reseller shall inform its End User Customers that they are End User Customers of Reseller for resold services. Reseller's End User Customers contacting Qwest in error wil be instructed to contact Reseller; and Qwests End User Customers contacting Reseller in error will be instructed to contact Qwest. In the event Reseller's End User Customers contact Qwest in error, Qwest wil either (1) provide the caller with a number the caller can dial to obtain sales information; or (2) ask the caller whether he or she would like to hear sales information. 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 will be referred to the proper provider of local Exchange Service; however, nothing in this Agreement shall be deemed to prohibit Qwest or Reseller from asking Reseller's or Qwests End User Customers who call the other Part if they would like to discuss the Party's products and services, and then discussing the Part's products and services with those End User Customers who would like to do so. 6.4.2 Reseller 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://w.gwest.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 will use the same pertormance standards and criteria for installation, Provisioning, maintenance, and repair of services provided to Reseller 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 for Reseller's resale service requests are detailed in the Accss to OSS Section of this Agreement, and are applicable whether Reseller's resale service requests are submitted via Operational Support System or by facsimile. . 6.4.4 Reseller is responsible for providing to Qwest complete and accurate End User Customer Directory Listing information including initial and updated information for Directory Assistance Service, white pages directories, and E911/911 Emergency Services. 6.4.5 If Qwests retail End User Customer, or the End User Customer's New Service Provider orders the discontinuance of the End User Customer's existing Qwest service in anticipation of the End User Customer moving to a New Service Provider, Qwest wil render its closing bil to the End User Customer, discontinuing Billng as of the date of the discontinuance of Qwests 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, Qwest wil bil the Current Service Provider for service through the date the End User Customer receives resold service from the Current Service Provider. Qwest wil notify Reseller by Operational Support System intertace, facsimile, or by other agreed-upon August 3, 2009/msd/iNETWORKS GroupNVAlCDS-090803-u027 Qwest Resale Template - (v7-28-09)34 . . . . Section 6 Resale processes when an End User Customer moves from the Current Service Provider to a New Service Provider. Qwest wil not provide the Current Service Provider with the name of the New Service Provider selected by the End User Customer. 6.4.6 Reseller shall provide Qwest and Qwest shall provide Reseller with points of contact for order entry, problem resolution and repair of the resold services. These points of contact wil be identified for both Reseller and Qwest 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, Reseller 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 Reseller's resale service requests are established when service requests are received by Qwest through Operational Support Systems or by facsimile. Intervals provided to Reseller shall be equivalent to intervals provided by Qwest to itself, its Affliates, its subsidiaries, other Resellers, and to Qwests retail End User Customers. 6.5 Biling 6.5.1 Qwest shall bill Reseller and Reseller shall be responsible for all applicable charges for the resold services as provided herein. Reseller shall also be responsible for all Tariffed, cataloged, price listed, and other retail Telecommunications Services offerings charges and charges separately identified in this Agreement associated with services that Reseller resells to an End User Customer under this Agreement. 6.5.2 Qwest shall provide Reseller, on a monthly basis, within seven (7) to ten (10) Days ofthe last day of the most recent Biling period, in an agreed upon standard electronic Biling format as detailed in the OSS Section, Billng information including (1) a summary bil, and (2) individual End User Customer sub-account information consistent with the samples available for Reseller review. 6.6 Maintenance and Repair 6.6.1 Qwest wil maintain its facilities and equipment used to provide Reseller resold services. Reseller or its End User Customers may not rearrange, move, disconnect or attempt to repair Qwests facilties or equipment, including facilties or equipment that may terminate or be located at Reseller's End User Customets premises, other than by connection or disconnection to any interface between Qwest and the End User Customer's facilties, without the written consent of Qwest. 6.6.2 Maintenance and Repair procedures are detailed in this Agreement. 6.6.3 Reseller and Qwest wil employ the procedures for handling misdirected repair calls as specified in this Agreement. 6.7 E911 Database Updates for Resale Based Resellers 6.7.1 For resold services, Qwest, or its designated database provider, will provide updates to the ALI database in a manner that is at the same level of accuracy and reliability as such updates are provided for Qwests End User Customers. For resold accounts, Reseller August 3, 20091msdiiNETWORKS GroupIWAlCDS-090803-0027 Owest Resale Template - (v7-28-09)35 Section 6 Resale shall provide Qwest with accurate End User Customer location information to be updated to the ALl/DMS database. Qwest shall use its current process to update and maintain End User Customer information in the ALl/DMS database.. 6.7.2 E911 Database Accuracy. 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 will 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 wil contact the Reseller for resolution. In the case of Facility Based Resellers, the vendor wil interface directly with Reseller to resolve record errors. . August 3, 2009/msd/iNETWORKS GroupNVAlCDS-090803-Q27 Qwest Resale Template - (v7-28-Q9)36 . . . . Section 7 White Pages Directory Listings SECTION 7.0 - WHITE PAGES DIRECTORY LISTINGS 7.1 Description White Pages Directory Listings Service consists of Owest placing the names, addresses and telephone numbers of Resellets End User Customers in Owests Listings database, based on End User Customer information provided to Owest by Reseller. Owest is authorized to use Reseller End User Customer Listings as noted below. 7.2 Terms and Conditions 7.2.1 White Pages Directory Listings Service is provided to Reseller with Reseller's resold local exchange lines, and such Listings include terms and conditions (except prices) for Listings in Owests applicable product Tariffs, catalogs, price lists, orother 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 Reseller as described in this Section. 7.2.2 Reseller wil provide to Owest, in standard format, by mechanized or by manual transmission to Owest, its primary, premium and privacy Listings. 7.2.2.1 Owest will accept one (1) primary Listing for each main telephone number belonging to Reseller's End User Customers at no monthly recurring charge. 7.2.2.2 Reseller wil be charged for its resale premium Listings (e.g., additional, foreign, cross-reference) and privacy Listings (Le., nonlisted and nonpublished) at Owests General Exchange Listing Tariff rates, less the wholesale discount, if any, as described in Exhibit A. Primary Listings and other types of Listings are defined in the Owest General Exchange Tariffs. 7.2.3 Intentionally Left Blank. 7.2.4 Information on submitting and updating Listings is available in Facility Based Resellers and Resellers Directory Listings User Document. Owest wil furnish Reseller Listings format specifications. Directory publishing schedules and deadlines for Owests official directory publisher wil be provided to Reseller. 7.2.5 If Reseller provides its End User Customer's Listings to Owest, Reseller grants Owest access to Reseller's End User Customer Listings information for use in its Directory Assistance Service - and in its Directory Assistance List Service and for other lawful purposes, except that Reseller's Listings supplied to Owest by Reseller and marked as non published or nonlisted Listings shall not be used for marketing purposes, subject to the terms and conditions of this Agreement. Owest wil incorporate Reseller End User Customer Listings in the Directory Assistance Database. Owest wil incorporate Resellets End User Customer Listings information in all existing and future Directory Assistance applications developed by Owest. Should Owest cease to be a Telecommunications Carrier, by virtue of a divestiture, merger or other transaction, this access grant automatically terminates. August 3, 2009/msd/iNETWORKS GroupIWAlCDS-Q90803-0027 Qwest Resale Template - (v7-28-Q9)37 Section 7 White Pages Direcory Listings 7.2.6 Reseller End User Customer listings wil be treated the same as Owests End User Customer listings. Prior written authorization from Reseller, which authorization may be withheld, shall be required for Owest to sell, make available, or release Reseller's End User Customer listings to directory publishers, or other third parties other than Directory Assistance providers. No prior authorization from Reseller shall be required for Owest to sell, make available, or release Reseller's End User Customer Directory Assistance listings to Directory Assistance providers. listings shall not be provided or sold in such a manner as to segregate End User Customers by Carrier. Owest wil not charge Reseller for updating and maintaining Owests listings databases. Reseller wil not receive compensation from Owest for any sale of listings by Owest as provided for under this Agreement. . 7.2.6.1 To the extent that state Tariffs limit Owests liabilty with regard to listings, the applicable state Tariff(s) is incorporated herein and supersedes the limitation of liabilty section of this Agreement with respect to listings only. 7.2.7 Owest is responsible for maintaining listings, including entering, changing, correcting, rearranging and removing listings in accrdance with Reseller orders. 7.2.8 Owest provides non-discriminatory appearance and integration of white pages directory listings for all Reseller's and Owests End User Customers. All requests for white pages directory listings, whether for Reseller or Owest End User Customers, follow the same processes for entry into the listings database. 7.2.9 Owest wil take reasonable steps in accordance with industry practices to accommodate Reseller's non published and non listed listings provided that Reseller has supplied Owest the necessary privacy indicators on such listings. 7.2.10 Reseller's white pages direcory listings will be in the same font and size as listings for Owest End User Customers, and will not be separately classified. 7.2.11 Owest processs for publication of white pages directory listings wil make no distinction between Resellets and Owests subscribers. Reseller's listings wil be provided with the same accuracy and reliability as Owests End User Customer listings. Owest will ensure Reseller'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 Customers' listings. . 7.2.12 For Reseller's End User Customers whose listings Reseller 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 Reseller End User Customers at Parity with Owest End User Customers, including providing direcories a) upon establishment of new service; b) during annual mass distribution; and c) upon End User Customer request. 7.2.13 Reseller 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. Reseller further represents that it August 3, 2009/msd/iNETWORKS GroupIWNCDS-090803-0027 Qwest Resale Template - (v7-28-Q9)38 . . . . Section 7 White Pages Directory Listings shall review all Listings information provided to Qwest, including End User Customer- requested restrictions on use, such as nonpublished and nonlisted restrictions. 7.2.14 Intentionally left Blank. 7.2.15 Reseller shall be solely responsible for knowing and adhering to state laws or rulings regarding Listings and for supplying Qwest with the applicable listing information. Qwest 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 Reseller represents and warrants that listings Reseller submits to Qwest reflect and are provided in full compliance with applicable laws and regulations, including but not limited to, laws and regulations applicable to wireless listings. 7.2.16 Reseller agrees to provide to Qwest its End User Customer names, addresses and telephone numbers in a standard mechanized or manual format, as specified by Qwest. 7.2.17 Reseller wil supply its ACNNCIC or ClCC/OCN, as appropriate, with each order to provide Qwest the means of identifying Listings ownership. 7.2.18 Prior to placing Listings orders on behalf of End User Customers, Reseller shall be responsible for obtaining, and have in its possession, Proof of Authorization (POA), as set forth in Section 5.3 of this Agreement. 7.2.19 For Listings that Reseller submits to Qwest, Qwest wil provide monthly Listing verification proofs that provide the data to be displayed in the published white pages directory and available on Qwests Directory Assistance Service. Verification proofs containing nonpublished and nonlisted Listings are also available upon request on the same monthly schedule. 7.2.20 Qwest wil provide Reseller a reasonable opportunity to verify the accuracy of its listings to be included in the white pages directory and in Qwests Directory Assistance Service. 7.2.21 Reseller may review and if necessary edit its white page Listings prior to the close date for publication in the directory. 7.2.22 Reseller is responsible for all dealings with, and on behalf of, Reseller's End User Customers, including: 7.2.22.1 All End User Customer account activity (e.g., End User Customer queries and complaints); 7.2.22.2 All account maintenance activity (e.g., additions, changes, issuance of orders for Listings to Qwest); 7.2.22.3 Determining privacy requirements and accurately coding the privacy indicators for Reseller's End User Customer information (if End User Customer information provided by Reseller to Qwest does not contain a privacy indicator, no privacy restrictions wil apply); and August 3, 2009/msdliNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-09)39 Section 7 White Pages Directory Listings 7.2.22.4 Cl,stomers. Any additional services requested by Reseller's End User . 7.2.23 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 locl Exchange Service on a timely basis, under non- discriminatory and reasonable rates, terms and conditions to Reseller upon request for the purpose of publishing direcories in any format. Rates may be subject to federal or state law or rules, as appropriate. Upon request by Reseller, Qwest shall enter into negotiations with Reseller for Reseller's use of subscriber list information for purposes other than publishing directories, and Owest and Reseller wil enter into a written contract if agreement is reached for such use. 7.2.23.1 Qwest shall use commercially reasonable efforts to ensure that its retail End User Customers' Listings provided to Reseller are accurate and complete. Any third party Listings are provided AS iS, WITH ALL FAULTS. Qwest further represents that it shall review all its retail End User Customers' Listings information provided to Reseller including End User Customer-requested restrictions on use, such as non published and nonlisted restrictions. 7.2.24 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 Reseller contained in Qwests Listings database so that Reseller's Directory Listings are non-discriminatory in appearance and integration, and have the same accuracy and reliabilty that such Affliate or contractor provides to Qwests End User Customers. 7.2.25 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 that End User Customers should contact their Current Service Provider to request any modifications to their existing Listing or to request a new Listing. 7.2.26 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 Reseller space in the customer guide pages of the white pages directory for the purpose of notifying End User Customers how to reach Reseller to: (1) request service; (2) contact repair service; (3) dial Directory Assistance; (4) reach an accountrepresentative; (5) request buried cable locate service; and (6) contact the special needs center for End User Customers with disabilities. . 7.2.27 If Reseller submits its End User Customer Listings to Qwest through a service bureau or other type of third part (agent), Reseller 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: 7.2.27.1 That the agent is authorized by Reseller to submit Listings to Qwest on its behalf and to work with Qwest in resolving any issues surrounding its Listing submissions; and 7.2.27.2 That the agent wil comply with all terms and conditions of this August 3, 2009/msd/iNETWORKS GroupIWNCDS-090803-D27 Qwest Resale Template - (v7-28-09)40 . . . . Section 7 White Pages Directory Listings Agreement in submitting Reseller's End User Customers' Listings to Qwest. 7.2.27.3 Reseller's use of an agent in submitting its End User Customers' Listings to Qwest shall not alter Reseller's obligations under this Agreement and Reseller shall remain primarily liable for covenants and responsibilties under this Agreement. 7.3 Rate Elements The following rate elements apply to white pages directory Listings and are contained in Exhibit A of this Agreement. 7.3.1 Primary Listings; and 7.3.2 Premium and Privacy Listings. 7.4 Ordering Process 7.4.1 Qwest provides training on white pages directory Listings requests and submission processes. The ordering process is similar to the service ordering process. 7.4.2 Reseller Listings can be submitted for inclusion in Qwest white pages directories according to the directions in the Qwest Listings User Documents for Facility Based Resellers and Resellers, which is available on-line through the PCAT (http://ww.qwest.com/wholesale/pcat/) or wil be provided in hard copy to Reseller upon request. Initial information and directions are available in the PCAT. 7.4.3 Reseller can submit the OBF forms incorporated in the Local Service Request via the IMA-EDI, IMA-GUI, or by facsimile. August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-09)41 Section 8Netw Securiy SECTION 8.0 - NETWORK SECURITY . 8.1 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 property as it employs to protect its own personnel, End User Customers and property. 8.2 Each Party is responsible to provide security and privacy of communications. This entails protecting the confidential nature of Telecmmunications 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 penaltes, as well as civil penalties. Reseller is responsible for covering its employees on such security requirements and penalties. 8.3 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 covenng their employees on such security requirements and penalties. 8.4 Each Party's employees, agents or representatives must secure its own portable test equipment and spares, and shall not use the test equipment or spares of other parties. Use of such test equipment or spares without wntten permission constitutes theft and may be prosecuted. 8.5 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 responsibilty of the employing Part. 8.6 In the event that one Party's employees, agents or representatives inadvertently damage or impair the equipment of the other Part, prompt notification will be given to the damaged Part by verbal notification between the Parties' technicians at the site or by telephone to each Party's 24 x 7 security numbers. . 8.7 Intentionally Left Blank 8.8 Intentionally Left Blank 8.9 Intentionally Left Blank 8.10 Intentionally Left Blank 8.11 Intentionally Left Blank 8.12 Intentionally Left Blank August 3, 2009/msd/iNETWORKS GroupIWNCDS.o90803.o027 Qwest Resale Template - (v7 -28.09)42 . . . . Section 8 Network Security 8.13 Reseller 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, Reseller shall call 911 and 1-888-879-7328. 8.14 Qwest and Reseller employees, agents and vendors wil display the identification/access card above the waist and visible at all times. 8.15 Revenue Protection. Qwest shall make available to Reseller all present and future fraud prevention or revenue protection features. These features include, but are not limited to, screening codes, information digits '29' and '70' which indicate prison and COCOT pay phone originating line types respectively; call blocking of domestic, international, 800, 888, 900, NPA-976, 700 and 500 numbers. Qwest shall additionally provide partitioned access to fraud prevention, detection and control functionality within pertinent Operations Support Systems which include but are not limited to L1DB Fraud monitoring systems. August 3, 2009/msd/iNETWORKS GroupIWAlCDS-u90803-0027 Qwest Resale Template - (v7 -28-09)43 Section 9 Accss to Operational Support Systems (OSS) Section 9.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS). 9.1 General Terms 9.1.1 Qwest has developed and shall continue to provide Operational Support System (OSS) interfaces using electronic gateways and manual processes. These gateways act as amediation or control point between Reseller'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 Reseller. Additional technical information and details shall be provided by Qwest in training sessions and documentation and support, such as the "Interconnect Mediated Access User's Guide." Qwest wil continue to make improvements to the electronic interfaces as technology evolves, Qwests legacy systems improve, or Reseller needs require. Qwest shall provide notification to Reseller consistent with the provisions of the Change Management Process (CMP) set forth in Section 9.2.6 9.1.2 Through its electronic gateways and manual processes, Qwest shall provide Reseller 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 Reseller access to its OSS in substantially the same time and manner as it provides to itself. For those functions with no retail analogue, Qwest shall provide Reseller access to Qwests OSS suffcient to allow an effcient competitor a meaningful opportunity to compete. Qwest wil comply with the standards for access to OSS set forth in Section 9. Qwest shall deploy the necessary systems and personnel to provide sufficient access to each of the necessary OSS functions. Qwest shall provide assistance for Reseller to understand how to implement and use all of the available OSS functions. Qwest shall provide Reseller suffcient electronic and manual interfaces to allow Reseller equivalent access to all of the necessary OSS functions. Through its web site, training, disclosure documentation and development assistance, Qwest shall disclose to Reseller any internal business rules and other formatting information necessary to ensure that Reseller's requests and orders are processed effciently. Qwest shall provide training to enable Reseller to devise its own course work for its own employees. Through its documentation available to Reseller, 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. . 9.2 OSS Support for Pre-ordering, Ordering and Provisioning 9.2.1 Local Service Request (LSR) Ordering Process 9.2.1.1 Qwest shall provide electronic interface gateways for submission of LSRs, including both an Electronic Data Interchange (EDI) interface and a Graphical User Interface (GUI). 9.2.1.2 The interface guidelines for EDI are based upon the Ordering and Biling Forum (OBF) Local Service Order Guidelines (LSOG), the Telecommunication Industry Forum (TCIF) Customer Service Guidelines; and the American National Standards Institute/Accredited Standards Committee (ANSI ASC) X12 protocols. Exceptions to the August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-09)44 . . . . Section 9 Access to Operational Support Systems (OSS) above guidelines/standards shall be specified in the EDI disclosure documents. 9.2.1.3 The GUI shall provide a single interface for Pre-Order and Order transactions from Reseller to Qwest and is browser based. The GUI interface shall be based on the LSOG and utilizes a WEB standard technology, Hyper Text Markup Language (HTML), JAVA and the Transmission Control ProtocollInternet Protocol (TCP/IP) to transmit messages. 9.2.1.4 Functions Pre-ordering: Qwest will provide real time, electronic access to pre-order functions to support Resellets ordering via the electronic interfaces described herein. Qwest wil make the following real time pre-order functions available to Reseller: 9.2.1.4.1 Features, services and Primary Interexchange Carrier (PiC) options for IntraLATA Toll and InterLATA Toll available at a valid service address; 9.2.1.4.2 Access to Customer Service Records (CSRs) for Qwest retail or resale End User Customers. The information will include Billng name, service address, Billng address, service and feature subscription, Directory Listing information, and Long Distance Carrier identity; 9.2.1.4.3 Telephone number request and selection; 9.2.1.4.4 Reservation of appointments for service installations requiring the dispatch of a Qwest technician on a non-discriminatory basis; 9.2.1.4.5' Information regarding whether dispatch is required for service installation and available installation appointments; 9.2.1.4.6 Service address verification; 9.2.1.4.7 Facility availability, including resale-DSL; 9.2.1.4.8 A list of valid available CF As; 9.2.1.4.9 A list of one to five (1-5) individual Meet Points or a range of Meet Points for shared Loops; 9.2.1.4.10 Design Layout Record (DLR) Query which provides the layout for the local portion of a circuit at a particular location where applicable. 9.2.1.5 Dial-Up Capabilities 9.2.1.5.1 Intentionally Left Blank. Intentionally Left Blank.9.2.1.5.2 9.2.1.5.3 When Reseller requests from Qwest more than fifty (50) SecurlDs for use by Reseller Customer service representatives at a single Reseller location, Reseller shall use a T1 line instead of dial-up access at that location. If Reseller is obtaining the line from Qwest, then Reseller shall be able August 3, 2009/msd/iNETVORKS Group1WAlCDS-090803-o027 Qwest Resale Template ~ (v7-28-o9)45 Section 9Acce to Operational Support Systems (aSS) to use SecurlDs until such time as Owest provisions the T1 line and the line permits pre-order and order information to be exchanged between Owest and Reseller.. 9.2.1.6 Access Service Request (ASR) Ordering Process 9.2.1.6.1 Owest shall provide a computer-to-computer batch fie interface for submission of ASRs based upon the OBF Accss Service Order Guidelines (ASOG). Owest shall supply exceptions to these guidelines in writing in suffcient time for Reseller to adjust system requirements. 9.2.1.7 Facilty Based EDI Listing Procss: Owest shall provide a Facility Based EDI Listing interface to enable Reseller Listing data to be translated and passed into the Owest Listing database. This interface is based upon OBF LSOG and ANSI ASC X12 standards. Owest shall supply exceptions to these guidelines/standards in writing in suffcient time for Reseller to adjust system requirements. 9.2.1.8 Owest wil establish interface contingency plans and disaster recovery plans for the interfaces described in this Section. Owest wil work cooperatively with Resellers through the CMP process to consider any suggestions made by Resellers to improve or modify such plans. Reseller specific requests for modifications to such plans wil be negotiated and mutually agreed upon between Owest and Reseller. 9.2.1.9 Ordering and Provisioning: Qwest wil provide access to ordering and status functions. Reseller wil populate the service request to identify what features, services, or elements it wishes Owest to provision in accrdance with Owest's published business rules. 9.2.1.9.1 Owest shall provide all Provisioning services to Reseller during the same business hours that Owest provisions services for its End User Customers. Owest wil provide out-of-hours Provisioning services to Reseller on a non-discriminatory basis as it provides such Provisioning services to itself, its End User Customers, its Affliates or any other Part. Owest shall disclose the business rules regarding out-of-hours Provisioning on its wholesale web site.. 9.2.1.9.2 When Reseller places an electronic order, Owest wil provide Reseller with an electronic Firm Order Confirmation (FOC) notice. The FOC wil follow industry-standard formats and contain the Owest Due Date for order completion. Upon completion of the order, Qwest wil provide Reseller with an electronic completion notice which follows industry-standard formats and which states when the order was completed. Owest supplies two (2) separate completion notices: 1) service order completion (SOC) which notifies Reseller that the service order record has been completed, and 2) Billng completion that notifes Reseller that the service order has posted to the Billing system. 9.2.1.9.3 When Reseller places a manual order, Owest will provide Reseller with a manual Firm Order Confirmation (FOC) notice. The confirmation notice wil follow industry-standard formats. Upon completion of the order, Owest wil provide Reseller with a completion notice which follows industry-standard formats and which states when the order was completed. Owest supplies two (2) separate completion notices: 1) service order completion (SOC) which notifies August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-o9)46 . . . . Section 9 Access to Operational Suppor! Systems (OSS) Reseller that the service order record has been completed, and 2) Biling completion that notifies Reseller that the service order has posted to the Biling system. 9.2.1.9.4 When Reseller places an electronic order, Qwest shall provide notification electronically of any instances when (1) Qwests Committed Due Dates are in jeopardy of not being met by Qwest on any service or (2) an order is rejected. The standards for returning such notices are seUorth in Section 9. 9.2.1.9.5 When Reseller places a manual order, Qwest shall provide notification of any instances when (1) Qwests Committed Due Dates are in jeopardy of not being met by Qwest on any service or (2) an order is rejected. The standards for returning such notices are set forth in Section 9. 9.2.1.9.6 Business rules regarding rejection of LSRs or ASRs are subject to the provisions of Section 9.2.6. 9.2.1.9.7 Where Qwest provides installation on behalf of Reseller, Qwest shall advise the Reseller End User Customer to notify Reseller immediately if Reseller's End User Customer requests a service change at the time of installation. 9.2.2 Maintenance and Repair 9.2.2.1 Qwest shall provide electronic interface gateways, including an Electronic Bonding interface and a GUI interface, for reviewing an End User Customer's trouble history at a specific location, conducting testing of an End User Customer's service where applicable, and reporting trouble to faciltate the exchange of updated information and progress reports between Qwest and Reseller while the Trouble Report (TR) is open and a Qwest technician is working on the resolution. Reseller may also report trouble through manual processes. For designed services, the TR wil not be closed prior to verification by Reseller that trouble is cleared. 9.2.3 Interface Availabilty 9.2.3.1 Qwest shall make its ass interfaces available to Reseller during the hours listed in the Gateway Availability PIDs. 9.2.3.2 Qwest shall notify Reseller in a timely manner regarding system downtime through mass email distribution and pop-up windows as applicable. 9.2.4 Biling 9.2.4.1 For products biled out of the Qwest Interexchange Access Biling System (lABS), Qwest will utilize the existing CABS/BaS format and technology for the transmission of bils. 9.2.4.2 For products biled out of the Qwest Customer Record. Information System (CRIS), Qwest wil utilize the existing EDI standard for the transmission of monthly local Billng information. EDI is an established standard under the auspices of the ANSI/ASC X12 Committee. A proper subset of this specification has been adopted August 3, 2009/msd/iNElWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-09)47 Section 9 Acss to Operational Support Systems (OSS) 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 Reseller.. 9.2.5 Outputs Output information wil be provided to Reseller in the form of bils, files, and reports. Bils wil capture all regular monthly and incrementaVusage charges and present them in a summarized format. The files and reports delivered to Reseller come in the following categories: Usage Record File Line Usage Information Loss and Completion Order Information Category 11 Facilty Based Line Usage Information SAG/FAM Street Address/Facilty Availability Information 9.2.5.1 Bils 9.2.5.1.1 CRIS Summary Bil: The CRIS Summary Bil represents a monthly summary of charges for most wholesale products sold by Owest. This bil includes a total of all charges by entity plus a summary of current charges and adjustments on each sub-accunt. Individual sub-accunts 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 Reseller. These bills are segmented by state and bil cycle. The number of bils received by Reseller is dictated by the product ordered and the Owest region in which Reseller is operating. 9.2.5.1.2 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. . 9.2.5.2 Files and Report 9.2.5.2.1 Daily Usage Record File provides the accumulated set of call information for a given Day as captured or recorded by the network Switches. This fie wil be transmitted Monday through Friday, excluding Owest holidays. This information is a fie of unrated Owest originated usage messages and rated Reseller originated usage messages. It is provided in ATIS standard Electronic Message Interface (EMI) format. This EMI format is outlined in the document SR-320; which can be obtained directly from 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 Reseller with the same level of precision and accuracy it provides itself. This fie will be provided for resale products. 9.2.5.2.2 The charge for this Daily Usage Record File is contained in Exhibit August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Owest Resale Template - (v7-28-09)48 . . . . Section 9 Access to Operational Support Systems (OSS) A of this Agreement. 9.2.5.2.3 Routing of in-region IntraLATA Collect, Callng Card, and Third Number Biled Messages - Qwest wil distribute in-region IntraLATA collect, calling card, and third number biled messages to Reseller and exchange with other Resellers operating in region in a manner consistent with existing inter- company processing agreements. Whenever the daily usage information is transmitted to a Carrier, it wil contain these records for these types of calls as well. 9.2.5.2.4 Loss Report provides Reseller with a daily report that contains a list of accounts that have had lines and/or services disconnected. This may indicate that the End User Customer has changed Resellers or removed services from an existing account. This report also details the order number, service name and address, and date this change was made. Individual reports wil be provided for resale products. 9.2.5.2.5 Completion Report provides Reseller with a daily report. This report is used to advise Reseller that the order(s) for the service(s) requested is complete. It details the order number, service name and address and date this change was completed. Individual reports wil be provided for resale products. 9.2.5.2.6 Category 11 Records are Exchange Message Records (EMR) which provide mechanized record formats that can be used to exchange accesS usage information between Qwest and Reseller. Category 1101 series records are used to exchange detailed access usage information. 9.2.5.2.7 Intentionally Left Blank. 9.2.5.2.8 SAG/FAM Files. The SAG (Street Address Guide)/FAM (Features Availability Matrix) fies 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 availabilty by NPA-NXX with the exception of Centrex. InterLATNIntraLATA Carriers by NPA-NXX. These fies are made available via a download process. They can be retrieved by FTP (File Transfer Protocol), NDM connectivity, or a web browser. 9.2.6 Change Management Qwest agrees to maintain a change management process, known as the Change Management Process (CMP), that is consistent with or exceeds industry guidelines, standards and practices to address Qwests ass, products and processes. The CMP shall include, but not be limited to, the following: (i) provide a forum for Reseller and Qwest to discuss Reseller and Qwest change requests (CR), CMP notifications, systems release life cycles, and communications; (ii) provide a forum for Resellers and Qwest to discuss and prioritize CRs, where applicable pursuant to the CMP Document; (iii) develop a mechanism to track and monitor CRs and CMP notifications; (iv) establish intervals where appropriate in the process; (v) processes by which Reseller impacts that result from changes to Qwests ass, products or processes can be promptly and effectively August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7 -28-09)49 Section 9 Acces to Operational Support Systems (OSS) resolved; (vi) processes that are effective in maintaining the shortest timeline practicable for the receipt, development and implementation of all CRs; (vii) suffcient dedicated Qwest processes to address and resolve in a timely manner CRs and other issues that come before the CMP body; (viii) processes for ass Interface testing; (ix) information that is clearly organized and readily accessible to Resellers, including the availabilty of web-based tools; (x) documentation provided by Qwest that is effective in enabling Resellers to build an electronic gateway; and (xi) a process for changing CMP that calls for collaboration among Resellers and Qwest and requires agreement by the CMP participants. Pursuant to the scope and procedures set forth in the CMP Document, Qwest will submit to Resellers through the CMP, among other things, modifications to existing products and product and technical documentation available to Resellers, introduction of new products available to Resellers, discontinuance of products available to Resellers, modifications to pre-ordering, ordering/Provisioning, maintenance/repair or Biling processes, introduction of pre-ordering, ordering/Provisioning, maintenance/repair or Biling processes, discontinuance of pre-ordering, ordering/Provisioning, maintenance/repair or Biling processes, modifications to existing ass interfaces, introduction of new ass 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 Resellers in the ongoing CMP redesign process. 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 redesign process as soon as practicable after they are made. The CMP Document wil be subject to change through the CMP procss, as set forth in the CMP Document. Qwest wil maintain the most current version of the CMP Document on its wholesale web site. . 9.2.6.1 In the course of establishing operational ready system interfaces between Qwest and Reseller to support locl service delivery, Reseller and Qwest may need to define and implement system interface specifications that are supplemental to existing standards. Reseller and Qwest wil submit such specifications to the appropriate standards committee and will work towards their acceptance as standards.. 9.2.6.2 Release updates wil be implemented pursuant to the CMP. 9.2.6.3 Intentionally Left Blank. 9.2.7 Reseller Responsibilties for Implementation of OSS Interfaces 9.2.7.1 Before Reseller implementation can begin, Reseller must completely and accurately answer the New Customer Questionnaire as required in Section 3.2. 9.2.7.2 ance Qwest receives a complete and accurate New Customer Questionnaire, Qwest and Reseller wil mutually agree upon time frames for implementation of connectivity between Reseller and the ass interfaces. 9.2.8 Qwest Responsibilties for On-going Support for OSS Interfaces Qwest wil support previous EDI releases for six (6) months after the next subsequent EDI release has been deployed. August 3, 2009/msdiiNETWORKS Group1WAlCDS-090803-ü27 Qwest Resale Template - (v7-28-09)50 . . . . Section 9 Access to Operational Support Systems (OSS) 9.2.8.1 Owest wil provide written notice to Reseller of the need to migrate to a new release. 9.2.8.2 Owest wil provide an EDI Implementation Coordinator to work with Reseller for business scenario re-certification, migration and data conversion strategy definition. 9.2.8.3 Re-certification is the process by which Reseller demonstrates the abilty to generate correct functional transactions for enhancements not previously certified. Owest wil provide the suite of tests for re-certifcation to Reseller with the issuance of the disclosure document. 9.2.8.4 Owest shall provide training mechanisms for Reseller to pursue in educating its internal personneL. Owest shall provide training necessary for Reseller to use Owests OSS interfaces and to understand Owests documentation, including Owests business rules. 9.2.9 Reseller Responsibilties for On-going Support for OSS Interfaces 9.2.9.1 If using the GUI interface, Reseller wil take reasonable efforts to train Reseller personnel on the GUI functions that Reseller wil be using. 9.2.9.2 An exchange protocol will be used to transport EDI formatted content. Reseller must perform certification testing of exchange protocol prior to using the EDI interface. 9.2.9.3 Owest will provide Reseller with access to a stable testing environment that mirrors production to certify that itsOSS wil be capable of interacting smoothly and effciently with Owests OSS. Owest has established the following test processes to assure the implementation of a solid interface between Owest and Reseller: 9.2.9.3.1 Connectivity Testing: Reseller and Owest wil conduct connectivity testing. This test wil establish the abilty of the trading partners to send and receive EDI messages effectively. This test verifies the communications between the trading partners. Connectivity is established during each phase of the implementation cycle. This test is also conducted prior to controlled production and before going live in the production environment if Reseller or Owest has implemented environment changes when moving into production. 9.2.9.3.2 Stand-Alone Testing Environment (SATE): Owests stand-alone testing environment will take pre-order and order requests, pass them to the stand-alone database, and return responses to Reseller during its development and implementation of EDI. The SATE provides Reseller the opportunity to validate its technical development efforts built via Owest documentation without the need to schedule test times. This testing verifies Resellets abilty to send correctly formatted EDI transactions through the EDI system edits successfully for both new and existing releases. SATE uses test account data supplied by Owest. Owest wil make additions to the test beds and test accounts as it introduces new OSS electronic interface capabilties, including support of new products and services, new interface features, and functionalities. All SATE pre- August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-09)51 Section 9 Access to Operational Support Systems (OSS) order queries and orders are subjected to the same edits as production pre-order and order transactions. This testing phase is optionaL.. 9.2.9.3.3 Interoperability Testing - Reseller has the option of participating with Qwest in Interoperabilty testing to provide Reseller with the opportunity to validate technical development efforts and to quantify processing results. Interoperabilty testing verifies Reseller's ability to send correct EDI transactions through the EDI system edits successfully. Interoperability testing requires the use of valid data in Qwest production systems. All Interoperability pre-order queries and order transactions are subjected to the same edits as production orders. This testing phase is optional when Reseller has conducted Stand-Alone Testing successfully. Qwest shall process pre-order transactions in Qwests production ass and order transactions through the business processing layer of the ED! interfaces. 9.2.9.3.4 Controlled Production: Qwest and Reseller wil perform controlled production. The controlled production process is designed to validate the abilty of Reseller to transmit EDI data that completely meets X12 standards definitions and complies with all Qwest business rules. Controlled production consists of the controlled submission of actual Reseller production requests to the Qwest production environment. Qwest treats these pre-order queries and orders as production pre-order and order transactions. Qwest and Reseller use controlled production results to determine operational readiness. Controlled production requires the use of valid account and order data. All certification orders are considered to be live orders and wil be provisioned. 9.2.9.3.5 If Reseller is using ED!, Qwest shall provide Reseller with a pre- allotted amount of time to complete certification of its business scenarios. Qwest wil allow Reseller a reasonably suffcient amount of time during the day and a reasonably suffcient number of days during the week to complete certification of its business scenarios consistent with Resellets business plan. It is the sole responsibilty of Reseller to schedule an appointment with Qwest for certification of its business scenarios. Reseller must make every effort to comply with the agreed upon dates and times scheduled for the certfication of its business scenarios. If the certification of business scenarios is delayed due to Reseller, it is the sole responsibilty of Reseller to schedule new appointments for certification of its business scenarios. Qwest will make reasonable efforts to accommodate Reseller schedule. Conflicts in the schedule could result in certification being delayed. If a delay is due to Qwest, Qwest wil honor Resellets schedule through the use of alternative hours. . 9.2.9.4 If Reseller is using the EDI interface, Reseller must work with Qwest to certify the business scenarios that Reseller wil be using in order to ensure succssful transaction procssing. Qwest and Reseller shall mutually agree to the business scenarios for which Reseller requires certification. Certifcation will be granted for the specified release of the EDI interface. If Reseller is certifying multiple products or services, Reseller has the option of certifying those products or services serially or in parallel where Technically Feasible. 9.2.9.4.1 For a new softare release or upgrade, Qwest will provide Reseller a stable testing environment that mirrors the production environment in August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-09)52 . . . . Section 9 Access to Operational Support Systems (aSS) order for Reseller to test the new release. For softare releases and upgrades, Owest has implemented the testing processes set forth in Sections 9.2.9.3.2, 9.2.9.3.3 and 9.2.9.3.4. 9.2.9.5 New releases of the EDI interface may require re-certification of some or all business scenarios. A determination as to the need for re-certification wil be made by the Owest coordinator in conjunction with the release manager of each IMA EDI release. Notice of the need for re-certification wil be provided to Reseller as the new release is implemented. The suite of re-certification test scenarios wil be provided to Reseller with the disclosure document. If Reseller is certifying multiple products or services, Reseller has the option of certifying those products or services serially or in parallel, where Technically Feasible. 9.2.9.6 Reseller wil contact the Owest ED! Implementation Coordinator to initiate the migration process. Reseller may not need to certify to every new EDI release, however, Reseller must complete the re-certification and migration to the new EDI release within six (6) months of the deployment of the new release. Reseller 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. 9.2.9.6.1 The following rules apply to initiài development and certification of EDI interface versions and migration to subsequent EDI interface versions: 9.2.9.6.1.1 Stand-Alone and/or Interoperabilty testing must begin on the prior release before the next release is implemented. Otherwise, Reseller wil be required to move its implementation plan to the next release. 9.2.9.6.1.2 New EDI users must be certified and in production with at least one (1) product and one (1) order activity type on a prior release two (2) months after the implementation of the next release. Otherwise, Reseller wil be required to move its implementation plan to the next release. 9.2.9.6.1.3 Any EDI user that has been placed into production on the prior release not later than two (2) months after the next release implementation may continue certifying additional products and activities until two (2) months prior to the retirement of the release. To be placed into production. the products/order activities must have been tested in the SATE or Interoperabilty environment before two (2) months after the implementation of the next release. 9.2.9.7 Reseller will be expected to execute the re-certification test cases in the stand-alone and/or Interoperability test environments. Reseller wil provide Purchase Order Numbers (PONs) of the successful test cases to Owest. 9.2.9.8 Intentionally Left Blank. 9.2.10 Reseller Support 9.2.10.1 Owest shall provide documentation and assistance for Reseller to August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-09)53 Sect 9 Acss to Operational Support Systems (OSS) understand how to implement and use all of the available OSS functions. Qwest shall provide to Reseller in writing any internal business rules and other formattng information necessary to ensure that Reseller's requests and orders are processed effciently. This assistance will include, but is not limited to, contacts to the Reseller account team, training, documentation, and Reseller Help Desk. Qwest wil also supply Reseller with an escalation level contact list in the event issues are not resolved via contacts to the Reseller account team, training, documentation and Reseller Help Desk. . 9.2.10.2 Reseller Help Desk 9.2.10.2.1 The Reseller Systems Help Desk wil provide a single point of entry for Reseller to gain assistance in areas involving connectivity, system availability, and fie outputs. The Reseller Systems Help Desk areas are further described below. 9.2.10.2.1.1 Connectivity covers trouble with Reseller's access to the Qwest system for hardware configuration requirements with relevance to EDI and GUI interfaces; softare configuration requirements with relevance to EDI and GUI interfaces; modem configuration requirements, T1 configuration and dial-in string requirements, firewall access configuration, SecurlD configuration, Profile Setup, and password verification. 9.2.10.2.1.2 System Availabilty covers system errors generated during an attempt by Reseller to place orders or open trouble report through EDI and GUI interfaces. These system errors are limited to: Resale/POTS; Design Services and Repair. 9.2.10.2.1.3 File Outputs covers Reseller's output fies 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..9.2.10.3 Additional assistance to Reseller is available through various public web sites. These web sites provide electronic interface training information and user documentation and technical speifications and are located on Qwests wholesale web site. Qwest wil provide Interconnect Service Center Help Desks which wil provide a single point of contact for Reseller to gain assistance in areas involving order submission and manual processes. 9.2.11 Compensation/Cost Recovery Recurring and nonrecurring OSS charges, as applicable, will be biled at rates set forth in Exhibit A. Any such rates wil be consistent with Existing Rules. Qwest shall not impose any recurring or nonrecurring OSS 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. August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-09)54 . . . . Section 9 Access to Operational Support Systems (OSS) 9.3 Maintenance and Repair 9.3.1 Service Levels 9.3.1.1 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 party. Owest shall provide Reseller repair status information in substantially the same time and manner as Owest provides for its retail services. 9.3.1.2 During the term of this Agreement, Owest wil provide necessary maintenance business process support to allow Reseller to provide similar service quality to that provided by Owest to itself, its End User Customers, its Affliates, or any other party. 9.3.1.3 Owest 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 Affiliates, or any other party. Trouble calls from Reseller shall receive response time priority that is substantially the same as that provided to Owest, its End User Customers, its Affliates, or any other part and shall be handled in a nondiscriminatory manner. 9.3.2 Branding 9.3.2.1 Owest shall use unbranded Maintenance and Repair forms while interfacing with Reseller End User Customers. Upon request, Owest shall use Reseller provided and branded Maintenance and Repair forms. Owest may not unreasonably interfere with branding by Reseller. 9.3.2.2 Except as specifically permitted by Reseller, in no event shall Owest provide information to Reseller subscribers about Reseller or Reseller product or services. 9.3.2.3 This section shall confer on Owest no rights to the service marks, trademarks and trade names owned by or used in connection with services offered by Reseller or its Affliates, except as expressly permitted by Reseller. 9.3.3 Service Interruptions 9.3.3.1 The characteristics and methods of operation of any circuits, facilities or equipment of either Party connected with the services, facilties or equipment of the other Party pursuant to this Agreement shall not: 1) interfere with or impair service over any facilities of the other Party, its affiliated companies, or its connecting and concurring Carriers involved in its services; 2) cause damage to the plant of the other Party, its affiliated companies, or its connecting concurring Carriers involved in its services; 3) violate any Applicable Law or regulation regarding the invasion of privacy of any communications carried over the Part's facilities; or 4) create hazards to the employees of either Party or to the public. Each of these requirements is hereinafter referred to as an "Impairment of Service". 9.3.3.2 If it is confirmed that either Party is causing an Impairment of Service, as set forth in this Section, the Party whose network or service is being impaired (the August 3, 2009/msd/iNElWORKS GroupIWAlCDS.(90803-0027 Qwest Resale Template - (v7-28-09)55 Section 9 Accs to Operational Support Systems (OSS) "Impaired Party") shall promptly notify the Party causing the Impairment of Service (the "Impairing Party") of the nature and loction of the problem. The Impaired Part shall advise the Impairing Part that, unless promptly rectified, a temporary discontinuance of the use of any circuit, facility or equipment may be required. The Impairing Party and the Impaired Party agree to work together to attempt to promptly resolve the Impairment of Service. If the Impairing Part is unable to promptly remedy the Impairment of Service, the Impaired Party may temporarily discontinue use of the affected circuit, facility or equipment. . 9.3.3.3 To facilitate trouble reporting and to coordinate the repair of the service provided by each Part to the other under this Agreement, each Part shall designate a repair center for such service. 9.3.3.4 Each Part shall furnish a trouble reporting telephone number for the designated repair center. This number shall give accss to the location where records are normally located and where current status report on any trouble report 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. 9.3.3.5 Before either Party reports a trouble condition, it shall use its best efforts to isolate the trouble to the othets facilities. 9.3.3.5.1 In cases where a trouble condition affects a significant portion of the other's service, the Parties shall assign the same priority provided to Reseller as itself, its End User Customers, its Affliates, or any other part. 9.3.3.5.2 The Parties shall coperate in isolating trouble conditions. 9.3.4 Trouble Isolation 9.3.4.1 Reseller 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. Reseller wil perform trouble isolation on services it provides to its End User Customers to the extent the capabilty to perform such trouble isolation is available to Reseller, prior to reporting trouble to Owest. Reseller shall have access for testing purposes at the Demarcation Point, NID, or Point of Interface. Owest wil work cooperatively with Reseller to resolve trouble reports when the trouble condition has been isolated and found to be within a portion of Owests network. Owest and Reseller wil report trouble isolation test results to the other. Each Party shall be responsible for the costs of performing trouble isolation on its facilities, subject to Sections 9.3.4.2 and 9.3.4.3. . 9.3.4.2 When Reseller requests that Owest perform trouble isolation with Reseller, a Maintenance of Service charge wil apply if the trouble is found to be on the End User Customets side of the Demarcation Point. If the trouble is on the End User Customets side of the Demarcation Point, and Reseller authorizes Owest to repair trouble on Reseller's behalf, Owest wil charge Reseller the appropriate Additional Labor Charge set forth in Exhibit A in addition to the Maintenance of Service charge. 9.3.4.3 When Reseller elects not to perform trouble isolation and Owest August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-09)56 . . . . Section 9 Accss to Operational Support Systems (OSS) penorms tests at Reseller request, a Maintenance of Service charge shall apply if the trouble is not in Qwests facilities, including Qwests facilities leased by Reseller. Maintenance of Service charges are set forth in Exhibit A. 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 thirty (30) Days, Maintenance of Service charges shall not apply. 9.3.5 Inside Wire Maintenance Except where specifically required by state or federal regulatory mandates, or as may be provided for under -this Agreement, Qwest wil not perform any maintenance of inside wire (premises wiring beyond the End User Customets Demarcation/Point) for Reseller or its End User Customers. 9.3.6 TestinglTest Requests 9.3.6.1 Where Reseller does not have the ability to diagnose and isolate trouble on a Qwest line, circuit, or service provided in this Agreement that Reseller is utilizing to serve an End User Customer, Qwest will conduct testing, to the extent testing capabilties 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. 9.3.6.2 Prior to Qwest conducting a test on a line, circuit, or service provided in this Agreement that Reseller is utilzing to serve an End User Customer, Qwest must receive a trouble report from Reseller. 9.3.6.3 On manually reported trouble for non-designed services, Qwest will provide readily available test results to Reseller or test results to Reseller in accordance with any applicable Commission rule for providing test results to End User Customers or Resellers. On manually reported trouble for designed services provided in this Agreement, Qwest wil provide Reseller test results upon request. For electronically reported trouble, Qwest wil provide Reseller with the ability to obtain basic test results in substantially the same time and manner that Qwest provides for itself, its End User Customers, its Affilates, or any other party. 9.3.6.4 Reseller 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 Reseller, 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. 9.3.6.5 Qwest shall test to ensure electrical continuity and services it provides to Reseller prior to closing a trouble report. 9.3.7 Work Center Interfaces 9.3.7.1 Qwest and Reseller shall work cooperatively to develop positive, close working relationships among corresponding work centers involved in the trouble resolution processes. August 3, 2009/msd/iNETWORKS Group1WAlCDS-090803-o027 Qwest Resale Template - (v7-28-o9)57 Section 9 Accss to Operational Support Systems (OSS) 9.3.8 Misdirected Repair Calls 9.3.8.1 Reseller and Owest wil employ the following procedures for handling misdirected repair calls: . 9.3.8.1.1 Reseller and Owest wil provide their respective End User Customers with the correct telephone numbers to call for access to their respective repair bureaus. 9.3.8.1.2 End User Customers of Reseller shall be instructed to report all cases of trouble to Reseller. End User Customers of Owest shall be instructed to report all cases of trouble to Owest. 9.3.8.1.3 To the extent the correct provider can be determined, misdirected repair calls wil be referred to the proper provider of Basic Exchange Telecommunications Service. 9.3.8.1.4 Reseller and Owest wil provide their respective repair contact numbers to one another on a reciprocal basis. 9.3.8.1.5 Reseller, or Resellets agent, shall act as the single point of contact for its End User Customets service needs, including without limitation, sales, service design, order taking, Provisioning, change orders, training, maintenance, trouble report, repair, post-sale servicing, Billng, collection and inquiry. Reseller shall inform its End User Customers that they are End User Customers of Reseller for resold services. Resellets End User Customers contacting Owest in error wil be instrcted to contact Reseller; and Owests End User Customers contacting Reseller in error will be instructed to contact Owest. In the event Reseller's End User Customers contact Owest in error, Owest wil either (1) provide the caller with a number the caller can dial to obtain sales information, or (2) ask the caller whether he or she would like to hear sales information. 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 Owest or Reseller from asking Resellets or Owests End User Customers who call the other Part if they would like to discuss the Part's products and services, and then discussing the Part's products and services with those End User Customers who would like to do so. . 9.3.9 Major Outages/Restoral/Notification 9.3.9.1 Owest wil notify Reseller of major network outages in substantially the same time and manner as it provides itself, its End User Customers, its Affliates, or any other part. This notification wil be via e-mail to Resellets identified còntact. With the minor exception of certain Proprietary Information such as Customer information, Owest 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 Owest. The email notification schedule shall consist of initial report of abnormal condition and estimated restoration time/date, abnormal condition updates, and final disposition. Service restoration wil be non- August 3, 2009/msd/iNETWORKS GroupNVAlC08-090803-D027 Qwest Resale Template - (v7-28-D9)58 . . . . Section 9 Acæss to Operational Support Systems (OSS) discriminatory, and will be accomplished as quickly as possible according to Owest and/or industry standards. 9.3.9.2 Owest will meet with associated personnel from Reseller to share contact information and review Owests outage restoral processes and notification processes. 9.3.9.3 Owests emergency restoration process operates on a 7X24 basis. 9.3.10 Protective Maintenance 9.3.11 9.3.12 9.3.10.1 Owest will perform scheduled maintenance of substantially the same type and quality to that which it provides to itself, its End User Customers, its Affilates, or any other party. 9.3.10.2 Owest wil work cooperatively with Reseller to develop industry-wide processes to provide as much notice as possible to Reseller of pending maintenance activity. Owest shall provide notice of potentially Reseller Customer impacting maintenance activity, to the extent Owest can determine such impact, and negotiate mutually agreeable dates with Reseller in substantially the same time and manner as it does for itself, its End User Customers, its Affliates, or any other party. 9.3.10.3 Owest shall advise Reseller of non-scheduled maintenance, testing, monitoring, and surveilance activity to be performed by Owest on any services, including, to the extent Owest can determine, any hardware, equipment, software, or system providing service functionality which may potentially impact Reseller and/or Reseller End User Customers. Owest shall provide the maximum advance notice of such non-scheduled maintenance and testing activity possible, under the circumstances; provided, however, that Owest shaii provide emergency maintenance as promptly as possible to maintain or restore service and shall advise Reseller promptly of any such actions it takes. Hours of Coverage 9.3.11.1 Owests repair operation is seven (7) Days a week, twenty-four (24) hours a day. Not all functions or locations are covered with scheduled employees on a 7X24 basis. Where such 7X24 coverage is not available, Owests repair operations center (always available 7X24) can call-out technicians or other personnel required for the identified situation. Escalations 9.3.12.1 Owest wil provide trouble escalation procedures to Reseller. Such procedures wil be substantially the same type and quality as OWest employs for itself, its End User Customers, its Affliates, or any other party. Owest escalations are manual processes. 9.3.12.2 Owest 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. Reseller may request escalation to higher tiers in its sole discretion. August 3, 2009/rrsd/iNElWORKS GroupIWAlCDS-Q90803-0027 Owest Resale Template - (v7-28-09)59 Section 9 Acess to Operational Support Systems (OSS) Escalations status is available through telephone and the electronic interfaces..9.3.12.3 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 9.2.2.1. 9.3.13 Dispatch 9.3.13.1 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. 9.3.13.2 Upon the receipt of a trouble report from Reseller, Qwest wil follow internal processes and industry standards, to resolve the repair condition. Qwest 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. Qwest reserves the right to make this dispatch decision based on the best information available to it in the trouble resolution process. It is not always necssary to dispatch to resolve trouble; should Reseller require a dispatch when Qwest believes the dispatch is not necessary, appropriate charges wil be biled by Qwest to Reseller for those dispatch-related costs in accordance with Exhibit A 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 Reseller facilities or equipment. 9.3.13.3 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 Reseller Customer premises without prior Reseller authorization. For dispatch to the Reseller Customer premises Qwest shall obtain prior Reseller authorization with the exception of major outage restoration, cable rearrangements, and MTE terminal maintenance/replacement. 9.3.14 Electronic Reporting 9.3.14.1 Reseller, may submit Trouble Reports through the Electronic Bonding or GUI interfaces provided by Qwest. 9.3.14.2 The status of manually reported trouble may be accessed by Resel1er through electronic interfaces. . 9.3.15 Intervals/Parity 9.3.15.1 Similar trouble conditions, whether reported on behalf of Qwest End User Customers or on behalf of Reseller End User Customers, wil receive commitment intervals in substantially the same time and manner as Qwest provides for itself, its End User Customers, its Affliates, or any other part. 9.3.16 Jeopardy Management 9.3.16.1 Qwest wil notify Reseller, in substantially the same time and manner as Qwest provides this information to itself, its End User Customers, its Affliates, or any other party, that a trouble report commitment (appointment or interval) has been or is August 3, 2009/msdiiNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-D9)60 . . . . 9.3.17 9.3.18 9.3.19 9.3.20 Section 9 Access to Operational Support Systems (OSS) likely to be missed. At Reseller option, notification may be sent by email or fax through the electronic interface. Reseller may telephone Qwest repair center or use the electronic interfaces to obtain jeopardy status. Trouble Screening 9.3.17.1 Reseller shall screen and test its End User Customer trouble reports completely enough to insure, to the extent possible, that it sends to Qwest only trouble reports that involve Qwest facilities. For services and facilìties where the capabilìty to test all or portions of the Qwest network service or facility rest with Qwest, Qwest wil make such capability available to Reseller to perform appropriate trouble isolation and screening. 9.3.17.2 Qwest wil cooperate with Reseller to show Reseller how Qwest screens trouble conditions in its own centers, so that Reseller may employ similar techniques in its centers. Maintenance Standards 9.3.18.1 Qwest wil cooperate with Reseller to meet the maintenance standards outlined in this Agreement. 9.3.18.2 On manually reported trouble, Qwest will inform Reseller of repair completion in substantially the same time and manner as Qwest provides to itself, its End User Customers, its Afflìates, or any other party. 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. End User Customer Interface Responsibilties 9.3.19.1 Reseller will be responsible for all interactions with its End User Customers including service call handlìng and notifying its End User Customers of trouble status and resolution. 9.3.19.2 All Qwest employees who perform repair service for Reseller End User Customers wil be trained in non-discriminatory behavior. 9.3.19.3 Qwest wil recognize the designated Reseller/DLEC as the Customer of Record for all services ordered by Reseller/DLEC and wil send all notices, invoices and pertinent information directly to Reseller/DLEC. Except as otherwise specifically provided in this Agreement, Customer of Record shall be Qwests single and sole point of contact for all Reseller/DLEC End User Customers. Repair Call Handling 9.3.20.1 Manually-reported repair calls by Reseller to Qwest wil be answered with the same quality and speed as Qwest answers calls from its own End User Customers. August 3, 2009/msd/iNETWORKS GroupIWAlCDS-D90803-0027 Qwest Resale Template - (v7.28-09)61 Section 9 Accs to Operational Support Systems (OSS) 9.3.21.1 Qwest will provide a single point of contact for Reseller to report maintenance issues and trouble reports seven (7) Days a week, twenty-four (24) hours a day. A single 7X24 trouble reporting telephone number will be provided to Reseller for each category of trouble situation being encountered. .9.3.21 Single Point of Contact 9.3.22 Network Information 9.3.22.1 Qwest maintains an information database, available to Reseller for the purpose of allowing Reseller to obtain information about Qwests NPAs, LATAs, Access Tandem Switches and Central Offces. 9.3.22.2 This database is known as the ICONN database, available to Reseller via Qwests web site. 9.3.22.3 database. CPNI Information and NXX activity reports are also included in this 9.3.22.4 ICONN data is updated in substantially the same time and manner as Qwest updates the same data for itself, its End User Customers, its Affliates, or any other part. 9.3.23 Maintenance Windows 9.3.23.1 Generally, Qwest performs major Switch maintenance activities off- hours, during certain "maintenance windows". Major Switch maintenance activities include Switch conversions, Switch generic upgrades and Switch equipment additions. 9.3.23.2 Generally, the maintenance window is between 10:00 p.m. through 6:00 a.m. Monday through Friday, and Saturday 10:00 p.m. through Monday 6:00 a.m., Mountain Time. Although Qwest normally does major Switch maintenance during the above maintenance window, there wil be occasions where this wil not be possible. Qwest wil provide notification of any and all maintenance activities that may impact Reseller ordering practices such as embargoes, moratoriums, and quiet periods in substantially the same time and manner as Qwest provides this information to itself, its End User Customers, its Affliates, or any other part. . 9.3.23.3 Intentionally Left Blank. 9.3.23.4 Planned generic upgrades to Qwest Switches are included in the ICONN database, available to Reseller via Qwests web site. 9.3.24 Switch and Frame Conversion Service Order Practices 9.3.24.1 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. 9.3.24.2 Frame Conversions: Frame conversions are generally the removal and August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090S03-027 Qwest Resale Template - (v7-2S-Q9)62 . . . . Section 9 Accss to Operational Support Systems (OSS) replacement of one or more frames, upon which the Switch Ports terminate. 9.3.24.3 Conversion Date: The "Conversion Date" is a Switch or frame conversion planned day of Gut-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. 9.3.24.4 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 Reseller services. During the embargo period, Qwest will reject orders for Trunk Side facilities (see Section 9.3.24.4.1) other than conversion orders described in Section 9.3.24.4.3. Notwithstanding the foregoing and to the extent Qwest provisions trunk or trunk facility related service orders for itself, its End User Customers, its Affliates, or any other party during embargoes, Qwest shall provide Reseller the same capabilities. 9.3.24.4.1 ASRs for Switch or frame Trunk Side facilty augments to capacity or changes to Switch or frame Trunk Side facilities must be issued by Reseller with a Due Date prior to or after the appropriate embargo interval as identified in the ICONN database. Qwest shall reject Switch or frame Trunk Side ASRs to augment capacity or change facilties issued by Reseller or Qwest, its End User Customers, its Affiliates or any other party during the embargo period, regardless of the order's Due Date except for conversion ASRs described in Section 9.3.24.4.3. 9.3.24.4.2 For Switch and Trunk Side frame conversions, Qwest shall provide Reseller with conversion trunk group service requests (TGSR) no less than ninety (90) Days before the Conversion Date. 9.3.24.4.3 For Switch and Trunk Side frame conversions, Reseller shall issue facility conversion ASRs to Qwest no later than thirt (30) Days before the Conversion Date for like-for-like, where Reseller mirrors their existing circuit design from the old Switch or frame to the new Switch or frame, and sixty (60) Days before the Conversion Date for addition of trunk capacity or modification of circuit characteristics (i.e., change of AMI to B8ZS). 9.3.24.5 Frame Embargo Period: During frame conversions, service orders and ASRs shall be subject to an embargo period for services and facilities connected to the affected frame. For conversion of trunks where Reseller mirrors their existing circuit design from the old frame to the new frame on a Iike-for-like basis, such embargo period shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after the Conversion Date. If Reseller requests the addition of trunk capacity or modification of circuit characteristics (i.e.. change of AMI to B8ZS) to the new frame, new facility ASRs shall be placed, and the embargo period shall extend from sixty (60) Days prior to the Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an embargo period, Qwest shall identify the particular dates and locations for frame conversion embargo periods in its ICONN database in substantially the same time and manner as Qwest notifies itself, its End User Customers, Affliates, or any other party. August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-Q9)63 Secion 9 Acc to Operational Support Systems (OSS) 9.3.24.6 Switch Embargo Period: During Switch conversions, service orders and ASRs shall be subject to an embargo period for services and facilities associated with the Trunk Side of the Switch. For conversion of trunks where Reseller mirrors their existing circuit design from the old Switch to the new Switch on a Iike-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 Reseller requests the addition of trunk capacity ormodification of circuit characteristics to the new Switch, new facilty 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, Affliates, or any other party. . 9.3.24.7 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, Biling change orders for non-switched products, and emergency orders. 9.3.24.7.1 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 Affliates, or any other part. 9.3.24.7.2 The quiet period for Switch conversions, where no LSRs, except those requesting order activity described in Section 9.3.24.7, 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. 9.3.24.7.3 The quiet period for frame conversions, where no LSRs except those requesting order activity described in Section 9.3.24.7 are procssed or the affected location, extends from five (5) Days prior to conversion until two (2) Days after the conversion. . 9.3.24.7.4 LSRs, except those requesting order activity described in 9.3.24.7, (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 wil be rejected by Qwest. 9.3.24.7.5 LSRs requesting disconnect activity issued during the quiet period, regardless of requested Due Date, will be procssed after the quiet period expires. 9.3.24.7.6 Reseller may request a Due Date change to a LNP related disconnect scheduled during quiet periods up to 12:00 noon Mountain Time the Day prior to the scheduled LSR Due Date. Such changes shall be requested by issuing a supplemental LSR requesting a Due Date change. Such changes shall August 3, 2009/msd/iNETWORKS Group1WAlCDS-090803-o027 Qwest Resale Template - (v7-28-09)64 . . . . Section 9 Access to Operational Support Systems (aSS) be handled as emergency orders by Qwest. 9.3.24.7.7 Reseller may request a Due Date change to a LNP related disconnect order scheduled during quiet periods after 12:00 noon Mountain Time the Day prior to the scheduled LSR Due Date until 12 noon Mountain Time the Day after the scheduled LSR Due Date. Such changes shall be requested by issuing a supplementai LSR requesting a Due Date change and contacting the Interconnect Service Center. Such changes shall be handled as emergency orders by Qwest. 9.3.24.7.8 In the event that Reseller 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 party. Restoration of Reseller End User Customer service wil be handled through the LNP escalations process. 9.3.24.8 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 party. 9.3.24.9 Switch Line and Trunk Hardware Additions: Qwest shall use its best efforts to minimize Reseller service order impacts due to hardware additions and modifications to Qwests existing Switches. Qwest shall provide Reseller substantially the same service order processing capabilties as Qwest provides itself, its End User Customers, Affliates, or any other party during such Switch hardware additions. August 3, 2009/msdiiNETWORKS GroupIWAlCDS-090803-0027 Qwest Resale Template - (v7-28-09)65 Section 10 Directory Publisher Section 10.0 - DIRECTORY PUBLISHER . 10.1 Qwest and Reseller agree that certin issues outside the provision of basic white page directory listings, such as yellöw 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 Reseller and directory publishers. Qwest acknowledges that Reseller may request Qwest to facilitate discussions between Reseller and Qwest Offcial Directory Publishers. . August 3, 2009/msd/iNETWORKS Group1WAlCDS-0803-ü27 Qwest Resale Template - (v7-28-09)66 . . . . Section 11 Service Performance Section 11.0 - SERVICE PERFORMANCE 11.1 Performance Indicator Definitions (PIDs), in their current form, are included in Exhibit B of this Agreement. Subsequent changes to these PIDs submitted to the Commission shall be incorporated into Exhibit B as soon as they are effective either by operation of law or Commission order, whichever occurs first and without further Amendment to this Agreement. 11.2 The Qwest Performance Assurance Plan (QPAP), in its current form, 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. August 3, 2009/msd/iNElWORKS GroupIWNCDS-090803-0027 Qwest Resale Template - (v7-28-09)67 Section 12.0. SIGNATURE PAGE By signing below, and in consideration of the mutual promises set forth herein, and other good and valuable consideration, Reseller adopts this Agreement and upon receipt by Owest, the Parties agree to abide by the terms and conditions set forth in this Resale Agreement. iNETWORKS Group, Inc.Qwest Corporation Signature Signature David J. Smat Name Printed/Typed L. T. Christensen Name Printedyped President & CEO Title Direcor - Wholesale Contracts Title Date Date August 3, 2009/msd/iNETWORKS GroupIWAlCDS-090803-O27 Qwest Resale Template - (v7-28-09) . . 68 . Section 12.0 - SIGNATURE PAGE By signing below, and in consideration of the mutual promises set forth herein, and other good and valuable consideration, Reseller adopts this Agreement and upon receipt by Qwest, the Parties agree to abide by the terms and conditions set forth in this Resale Agreement. ¡NETWORKS Group, Inc. vI- Si~$rt ~!ih:.t Signature David J. Smat Name PrintedlTyped L. T. Christensen Name PrintedlTyped President & CEO Title Date ~j¡r' ) U/0'i 7 Director - Wholesale ContractsTitle / /~/¿fkDate ~ I August 3, 2009/msd/iNElWORKS Group/ID/CDS-090803-0018 Qwest Resale Template - (v7-28-09)69 iNETORKS Group, Inc.Exhibit A Washington.I I I I I I I I I I Notes 6.0 Resale Wholesale Wholesale Discount Discount PercentaQe Percent"" 6.1 Wholesale Discount Rates 6,U i General 14.74%50.00%A A 6,1.2 IOoerator Services and Directorv Assistance 7.97%50.00%A A 6.1.3 IPublic Access Line PAL Service 14.74%50.00%A A 6.2 Customer Transfer Charge (CTC 6.2.1 CTC for POTS Servce 6.2.1.1 Residential4 Business 6.2.1.1.1 ,.First Line 6.2.U.1.1 Iinstallation, Manual $21.24 E 6.2.1.1,1.2 Iintentioally Left Blank 6.2.1.1.1.3 Iinstallation, Mechanized $5.82 E 6.2.1.1.2 Each Additional 6.2.1.1.2.1 Installation, Manual $7.83 E 6.2.1.1.2.2 Intentionallv Left Blank 6.2.1.1.2,3 Installation, Mechanized $5.28 E 6.2.2 CTC lor Private Line Trans ort Servics 6.2.2.1 First Circuit 6.2.2.1.1 I First Circuit (Manual)$44.19 C 6.2.2.1.2 I First Circuit (Mechanized)$36.98 C 6.2.2.2 Additional Circuit, ner Circuli, Same CSR 6.2.2.2.1 IAdditional Circuli, oer Circit, same CSR (Manual)$26.15 C 6.2.2.2.2 IAdditional Circuit, oer Circuit, same CSR (Mechanized)$26.15 C 6.2.3 CTC for Advanced Communications Services (Frame Relay, ATM Cell Relay, or Transparent LAN 6.2.3.1 i Each Circuit, Mechanized $27,64 C 6.2.3.2 i Each Circuit, Manual $31.68 C 12,0 Operational Sunpor! Systems 12.1 Development and Enhancements, per LSR Request $3.27 B 12.210noing Maintenance, oer LSR Request $3.76 B I 12.3 Daily Usage Record File, per Record $0.0011 1 12.4 Trouble Isolation Charge See 9.20 i I I NOTES:..Unless otherwise indicated all rates are nursuant to Washinoton Utilitis and Transnortatin Commission Dockets: #Denotes voluntary rate reduction. These rates are not subject to tru up and wil be applied on a going forward basis.Deaveraged loop and subloop (distributionI~n'" f~derl rates are nu"" 'ant 37th sunnlemental O"'Ar in DockAt UT -M~n13. A Generic. Cost Docket UT .960369 B Docet UT -003013 Part A C Docket UT.003013 Part B D Docket UT -003013 Part C E Docket UT -003013 Part D F Docket UT -023003 1 Rate no addressed in a cost nroceedinn (Estimated TELRIC 2 Market based rates not addressed in the Cost Docket. 3 Individual Case Basis 4 Rate ""r FCC nuidelines. 5 Owest has aareed to a bill and keea arrnoement for EICT. oursuant to 271 workshnns. 6 When intrastate tarifed DS3 Private Line Transpor (PL TS), Local Interconnection Service (US) or EEL share the same PL TS multiplexed DS3, the fraction of DSO's dedicated to US, EEL, or intrastate PL TS is divided by 672 and multiplied by the applicable products' DS3 rate elements. The Owest mechanized. . .. .~. '.' . 7 Intentionallv Left Blank 8 Intentionallv Left Blank 9 Market-based prices, All charges and increments shall be the same as the comparable charges and increments provided in Owest FCC, Retail Tariffs, Catalogs, or 1Price Lists. 10 The provision of transiting services is not required pursuant to Section 251 of the Telecmmunications Act. Qwest has chosen to offer this service as part of its intArrnnn=tinn "nreemAnt but thi' service is not ren"irnrl '0 be n(icd ace i" methodoloo. 11 Intentinallv Left Blank 12 Intentionallv Lef Blank 13 The preliminary engineering and planning costs are included in the virtual, caged and cageless space construction charges. These engineering and planning charges are also included in the virtual, caged and cageless quote preparation fees, Upon completion of the collocation construction, the quote preparation fee.. . . 14 Owest is reinstating the Cable Unloading and Bridge Tap Removal Charges effective 3/14/05. Because Owest can t currently bil the existing rate structure, custoerms will be charne the Lo,ue . R'idoe Tan Removal rate for ellher Cable llnln"rlín nr Rrirln" Tan RAmoV"i. 15 Effective 8/1103 Owest will no longer charge for Channel Regeneration for both recurnng and nonrecurnng charges. Contract amendments to remove the charge is not required. Owest reserves the right to revert back to the contractual rate amy afer appropriate notice is given. Future regulatory ruling and/or events may be subject to the conditions described under "Change in Law Provisions' of the SGAT (Secion 2.2) or the applicable interconection agreement. I""Owest Element Added or Rate Chanoed oar Amendment . .1"31-07 (coa)Page 1 of 1 . Qwe.st: Spirit of Servlo, Service Performance Indicator Definitions (PID) .271 PIO Version 9.1 . QWEST'S SERVICE PERFORMANCE INDICATOR DEFINITIONS (PID) 271 PID Version 9.1 . Introduction Owest will report performance results for the service perfrmance indicators define herein. Owest will report separate performance results assocated with the services it provides to Competitive Locl 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. Report for CLECs individually will be subject to agreements of confidentiality and/or nondisclosure. . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Pagei . .Qwests Servce Performance Indicator Definitions Table of Contents . ELECTRONIC GATEWAY AVAILABILITY ........................................................................ gJ/ / GA-1 - Gateway Availabilty -IMA-GUI ............................................................................ ß_,' " i GA-3 - Gateway Availability - EB-TA...................................................................................2 ,'l, GA-4 - System Availabilty - EXACT................................................................................. ~ ,'/,', GA-6 - Gateway Availabilty - GUI- Repair ..................................................................... ß ///1 GA-7 - Timely Outage Resolution following Softare Releases....................................... gJ//, GA-8 - Gateway Availabilty -IMA-XML ........................................................................... g/l/, PRE-QRDERJORDER.................................................................................................~......... R ,I,' .,' PO-1 - Pre-Order/Order Response Times ........................................................................ ß l/l PO-2 - Electronic Flow-through ....................... .............. .............. ................... ........ ........... ~- /l " PO-3 - LSR Rejection Notice Interval...................... ......... ...................... ........ .......... ..... il ,'l/, PO-4 - LSRs Rejected.... ....... ............ ... .......... ......... ...... ............................................ ...... m/,',' PO-5 - Firm Order Confirmations (FOCs) On Time ...................................................... 132../,'/ PO~6 - Work Completion Notification Timeliness ............................................................1§l/, PD-7 - Biling Completion Notification Timeliness........................................................... 11,'./,' PO-8 - Jeopardy Notice Interval..... ........................................... ..................... ................. m ,: / / PO-9 - Timely Jeopardy Notices ................................................................................... 202.//, PO-15 - Number of Due Date Changes per Order........................................................... m//: PO-16 - Timely Release Notifications..................... .... ........................................ ........ 222._: / ' PO-19 - Stand-Alone Test Environment (SATE) Accuracy................................. ............ 242./ ,o, PO-20 (Expanded) - Manual Service Order Accuracy......... .......................... ......... ....... 272.,' ,', ORDERING AND PROViSiONING....................................................................... 332. "",' OP-2 - Calls Answered within Twenty Seconds - Interconnect Provisioning Center ..... 332. .,' ,,' OP-3 - Installation Commitments Met ............................................................................ 342.~'/ / OP-4 -Installation Interval............................................................................................... 372._"," OP-5 - New Service Quality ......................................................................................... 402..'" ,/ OP-6 - Delayed Days ..................... .................... ..... ................... ............. .......... ............. 452.. OP-7 - Coordinated "Hot Cut" Interval- Unbundled Loop..................;......................... 482. i " OP-8 - Number Portabilty Timeliness .......................... ................................ ........ ......... 492. ", i' OP-13 - Coordinated Cuts On Time -Unbundled Loop................................................ 502.,' OP-15 -Interval for Pending Orders Delayed Past Due Date ....................................... 522.. ' , OP-17 - Timeliness of Disconnects associated with LNP Orders................................... 552._," , MAINTENANCE AND REPAIR ................................................................................ 572. ,,', MR-2 - Calls Answered within 20 Seconds - Interconnect Repair Center ........... ..... ..... 572.,! i ! MR-3 - Out of Service Cleared within 24 Hours ........... ............................. ...... ............... 582., i - MR-4 - All Troubles Cleared within 48 hours .............................................................. 602. , ", MR-5 - All Troubles Cleared within 4 hours .................................... .............................. 622." ' , MR-ß - Mean Time to Restore ............... .................................................................. ........ 642., .' "" MR-7 - Repair Repeat Report Rate............................................................................... 672.. ", i' MR-8 - Trouble Rate...................................................................................................... 702..1 - I MR-9 - Repair Appointments Met............................................................... ........ .......... 732.._ - " MR-10 - Customer and Non-Qwest Related Trouble Reports ...................................... 742. ,_.' MR-11 - LNP Trouble Reports Cleared within Specified Timeframes ........................... 762...''. BILLING ....................................................................................................................... m_ _ BI-1 - Time to Provide Recorded Usage Records......................................................... 782.__ Owest Washington SGA T Eighth Revision, Eighth Amended Exhibit BJune 15, 2008 Page ii . Dele: 1 Deete: 1 Dete: 3¡ Dele: 4, Deete: 5i Deet: 6 Deet: 7, Deete: 7, Delet: 9i Deet: 11, Deet: 12 Deet: 13 De: 16 Deet: 17 Delete: 19 Deet: 20 De: 21 De: 22 Deete: 24 Deete: 27 De: 33 Dete: 33 Deete: 34 De: 37 Deete: 40 De: 45 De: 48 De: 49 Deet: 50 Deet: 52 Dele: 55 Dele: 57 Deete: 57 Dele: 58 Deet: 60 Delet: 62 De: 64 Delete: 67 Deete: 70 Dele: 73 Deet: 74 De: 76 De: 78 De: 78 Table of Contents (continued) BI-2 -Invoices Delivered within 10 Days................................................................... 792L _ __ BI-3 - Biling Accuracy - Adjustmnts for Errrs ............................................................. ~ _ _ _ BI-4 - Billng Completeness ............................................................................................. ~ _ _ _ DATABASE UPDATES ......................................................................................... 822. _ _ _ DB-1 - Time to Update Databases ......................................................................... 822. _ _ _ DB-2 - Accurate Database Updates ........,................................................................. 842. _ _ _ DIRECTORY ASSISTANCE ..................................................................................... 852. _ _ _ DA-1 - Speed of Answer - Directory Assistance ............................................................ ~ OPERATOR SERViCES.............................................................................................. 862. - - - OS-1 - Speed of Answer - Operator Services ................................. ............................ 862. - - - NETWORK PERFORMANCE ................................................................................. 872.- - - - NI-1 - Trunk Blocking.................................................................................................. 872.~ - -- NP-1 - NXX Code Activation ....................................................................................... 892._ - --. COLLOCATION ................................................................................................................... m_ - -- CP-1 - Collocation Completion Interval........................................................................... m - - _ CP-2 - Collocations Completed within Scheduled Intervals........................................... 942. - - - _ CP-3 - Collocation Feasibilty Study Interval................................................................. 972. - - __ CP-4 - Colloction Feasibility Study Commitments Met ............................................ 982. - - __ DEFINITION OF TERMS ....................................................................................... 992. - - __ GLOSSARY OF ACRONYMS .............................................................................. 1032. - - __ APPENDIX A ................................................................................................................1052. --__ Feature Detail.... ........... ........................................... ...... ........... ...... ............ ...... .......... 1052.. ~ , , , Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page ii Dele: 79 De: 80 Deet: 81 - De: 82 Dele: 82 De: 84 Deet: 85 Deet: 85 Delet: 88 De 86 Deet: 87 Delete: 87 Deet: 89 Deet: 91 - Deet: 91 De: 94 Deete: 97 Deet: 98 Deet: 99 Delete: 103 Dele: 105 Delet: 105 e e e. . . . 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, focusinQ on the extent thev are actuallv 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 availability found on the following website: http://ww.qwest.com/wholesale/cmp/ossHours.html. GA-1 D: Measures the availability of the SIA system, which faciltates access for the IMA-GUI interface and the IMA-XML interface (see GA-8). and report the percentage of scheduled time the SIA system is available. Scheduled availabilty times wil be no less than the same hours as listed for IMA-GUI and IMA-XML..Time Gateway is Available to CLECs is equal to Scheduled Availability Time minus Outage Time..Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communicated that the interface is not available due to maintenance and/or upgrade work. Notifcation of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or component (i.e., IMA-GUI, SIA), affecting Qwests abilty 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: CLEe aggregate Disaggregation Reporting: Region-wide leveL. results Results will 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 ofHours and Minutes of Scheduled Availability Time During Reporting Period)) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availabilty:Notes: Available Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 1 GA-3 - Gateway Availabilty - EB-TA .Purpose: Evaluates the quality of GLEC accss 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 Administrtion) interfce and reports the percentage of scheduled availability time the EB-TA Interface is available..Scheduled Up Time hours are based on the currently published hours of availability found on the following website: http://ww.qwest.comlholesale/cmp/ossHours.html..Time Gateway is Available to GLEGs is equal to Scheduled Availability Time minus Outage Time..Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identifed 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 functnality, attributable to the sped gateway or component (Le., EB-TA), affecting Qwests abilty to serve its customers. An outge is determined by Qwest technicians through the use of verifiable data, colleced frm the affected customer(s) and/or from mechanized event manaaement svstems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: GLEG aggregate result Disaggregation Reporting: Region-wide leveL. Formula: ((Number of Hours and Minutes Gateway is Available to GLECs During Reportng Period) + (Numberof Hours and Minutes of Scheduled Availabilty During Reporting Period)) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availability:Notes: Available . Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 2 . . . . GA-4 - System Availabilty - EXACT Purpose: Evaluates the quality of CLEC batch access to the EXACT electronic access service request system, focusina on the extent the svstem is actuallv 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: hllp://ww.gwest.com/wholesale/cmp/ossHours.html. .Time System 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 identifed and communicated that the system is not available due to maintenance and/or upgrade work. Notifcation of Scheduled Down Time for routine maintenance and/or upgrade work will be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or component (i.e., EXACT), affecting Qwesls abilty to serve its customers. An outage is determined by Qwesttechnicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event manaaement systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEe aggregate results Disaggregation Reporting: Region-wide leveL. Formula: ((Number of Hours and Minutes EXACT is Available to CLECs During Reporting Period) + (Number of Hours and Minutes of Scheduled Availability During Reporting Period)) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availabilty:Notes: Available Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 3 GA-6 - Gateway Availabilty - GUI- Repair .Purpose: Evaluates the quality of CLEC access to the GUI Repair electrnic gateway, focusing on the extent the gateway is actually available to CLECs. Description: Measures the availabilty of the GUI (Graphical User Interface) repair elecronic interface and reports the percentage of scheduled availabilty time the interface is available for view and/or input. Alltimes during which the interface is scheduled to be operating during the reporting period are measured..Scheduled Up Time" hours are based on the currently published hours of availability found on the following website: http://ww.qwest.comlolesale/cmp/ossHours.html..Time Gateway is Available to CLECs is equal to Scheduled Availabilly 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., GUI-Repair), affecting Qwests ability to serve its customers. An outage is determined by Qwest technicians through the use of verifiable data, collected frm 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. aaareaate results Formula: (Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period + Number of Hours and Minutes of Scheduled Availability Time During Reportng Period) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availabilty:Notes: Available . Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 4 . . . . GA-7 - Timely Outage Resolution following Softare Releases Purpose: Measures the timeliness of resolution of gateway or system outages attributable to softre releases for specified OSS interfaces, focusing on CLEC~affecting software releases involving the specified gateways or svstems. Description:.Measures the percentage of gateway or system outages. which are attributable to OSS system software releases and which occur within two weeks after the implementation of the OSS system softare releases, that are resolved NOTE 1 within 48 hours of detection by the Qwest monitoring group or reporting by a CLEC/co-provider..Includes softare releases associated with the following OSS interfaces in Qwest: IMA-GUI, IMA- XML, and CEMR, Exchange Access, Control, & Tracking (EXACT)NOTE 2, Electronic Bonding- Trouble Administration (EB -TA) N TE 3.An outage for this measurement is a critical or serious loss of functionaliy, attributable to the specified gateway or component, affecting Qwests abilty to serve its customers or data loss NOTE 4 on the Owest side of the interface. An outage is determined by Qwest technicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event management systems..The outage resolution time interval considered in this measurement starts at the time Qwests monitoring group detects a failure, or at the date/time of the first transaction sent to Qwest that cannot be processed (i.e. lost data), and ends with the time functionality is restored or the lost data is recovered. Reporting Period: Monthly Unit of Measure: Percent Reporting Comparisons: CLEC Aggregate Disaggregation Reporting: Region-wide leveL. Formula: ((Total outages detected within two weeks of a Softare Release that are resolved within 48 hours of the time Qwest detects the outage) + (Total number of outages detected within two weeks of Softare Releases resolved in the Reporing Period)) x 100 Exclusions:.Outages in releases prior to any CLEC migrating to the release..Duplicate reports attributable to the same softre defect. Product Reporting: None I Standards: Volume = 1-20: 1 miss Volume:; 20:95% Availabilty:Notes: 1. "Resolved" means that service is restored to the reporting CLEC, as Available experienced by the CLEC. 2. EXACT is a Telecordia system. Only releases for changes initiated by Qwest for hardware or connectivity wil be included in this measurement. 3. Outages repoed under EB-TA are the same as outages in MEDIACC. 4. For data loss to be considered for GA-7, a functional acknowledgement must have been provided for the data in question (e.g., LSR 10 or trouble ticket number). Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 5 . GA-8 - Gateway Availabilty - IMA-XML .Purpose: Evaluates the quality of GLEG access to the IMA-XML electronic gateway, focusing on the extent the gateway is actually available to GLEGs. Description: Measures the availability of IMA-XML (Interconnect Mediated Accss - Extensible Markup Language) interface and reports the percentage of scheduled availability time the IMA-XML 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 for IMA-XML based on th currently published hours of availability found on the following website: http://w.qwest.comlwholesalelcmplossHours.html. Time Gateway is Available to GLEGs 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 specifed gateway or component (Le., IMA-XML), affecting Owests abilty 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: Percnt Reporting Comparisons: GLEG Disaggregon Reporting: Region-wide leveL. aaareaate results (See GA-1D for reoortina of SIA sYStem availabilitv.) Formula: ((Number of Hours and Minutes Gateway is Available to GLECs During Reportng Period) + (Numberof Hours and Minutes of Scheduled Availability Time During Repong Period ) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availabilty:Notes: Effective with August 2008 results published in September 2008 . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 6 . . . . . Pre-Order/Order PO-1 - Pre-Order/Order Response Times Purpose: Evaluates the timeliness of responses to specifc 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-1X: Measures the time interval between query and response for specifed 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 specifed type of information. Reporting Period: One month Reporting Comparisons: CLEC aggregate. ¡Unit of Measure: PO-1A, PO-1X: Seconds Disaggregation Reporting: Region-wide level. Results are reported as follows: PO-1A Pre-Order/Order Response Time for IMA-GUI PO-1X Pre-Order/Order Response Time for IMA-XML Results are reported separately for each Of the following transaction types: NOTE 1 1. Appointment Scheduling (Due Date Reservation, where appointment is required) 2. Service Availabilty Information 3. Facility Availabilty 4. Street Address Validation 5. Customer Service Recrds 6. Telephone Number 7. Loop Qualification Tools NOTE 2 8. Left intentionally blank to preserve numbering 9. Connecting Facilty Assignment NOTE 3 10. Meet Point Inquiry NOTE 4 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-1X (transactions via IMA-XML), request/response wil be reported as a combined number. Formula: ¿((Query Response Date & Time) - (Query Submission Date & Time)) + (Number of Queries Submitted inReporting Period) Exclusions: . Rejected requests/errors, and timed out transactions Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 7 PO-1 - Pre-Qrder/Order Response Times (continued) Product Reporting: None Standards:IMA-GUI IMA-XML Total Response Time: 1.Appointment Sceduling 0010 seconds 0010 seconds 2.Service Availabilit 0025 seconds 0025 seconds Information 3.Facilty Availability 0025 seconds5 0025 seconds5 4.Street Address Validation 0010 seconds -:10 seconds 5.Customer Service Records -:12.5 seconds5 -:12.5 seconds5 6.Telephone Number 0010 seconds -:10 seconds 7.~g.sli Qualification Tools :: 20 seconds6 :: 20 seconds 8.Left intentionally blank to preserve numbering. 9.Connectng Faciliy ::25 seconds :: 25 seconds Assignment 10. Meet Point Inquiry :: 30 secods :: 30 secnds Availabilty:Notes: 1.As additioal transactions, currUy done manually, are mechanized, Available, except as specified they will be measured and added to or included in the above list of below:transactions, as applicable. 2.Results based on a weighted combination of ADSL Loop Qualifcation PO-1X: Effective with August and Raw Loop Data Tool. 2008 results published in 3.Results based on Connecting Facility Assignment by Unit Query. September 2008 4.Results based on meet Point Query, POTS Splitter option for Shared loops. 5.Times reflect non-complex services, including residential, simple business, or POTS accunt. Do not include ADSL or accounts:25 lines. 6.Benchmark applies to respse time only.Request time and Total time wil also be reported. . . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 8 . . . . PO-2 - Electronic Flow-through Purpose: Monitors the extent Owesl's processing of CLEC Local Service Requests (LSRs) is completely electronic, focusing on the degree that electronically-transmitted LSRs flow directly to the service order processor without human intervention or without manual retvpina. Description: PO-2A - Measures the percentage of all electronic LSRs that flow from the specifed electronic gateway interface to the Service Order Processor (SOP) without any human intervention. . Includes all LSRs that are submitted electronically duñng the reporting peñod, subject to exclusions specified below. PO-2B - Measures the percentage of all f1ow-through-eligible LSRs NOTE 1 that flow from the specified electronic gateway interface to the SOP without any human intervention..Includes all f1ow-through-eligible LSRs that are submitted electronically during the reporting period, subiect to exclusions specified below. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC I Disaggregation Reporting: Statewide level (per multi- aggregate, individual CLEC state system serving the state). 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 f1ow-through-eligible Electronic LSRs that actually pass from the Gateway Interface to the SOP without human intervention) + (Number of flow-through-eligible Electronic LSRs received through the Gateway Interface)) x 100 Exclusions:.Rejected LSRs and LSRs containing 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. Product Reporting:Standards:.Resale PO-2A:.Unbundled Loops (with or Diagnostic without Local Number Portabilty)PO.2B:.Local Number Portabilty Resale:95%.UNE-P (POTS) and UNE-P Unbundled Loops:85% (Centrex 21)LNP:95%.Line Shañng UNE-P (POTS & Centrex 21):95%. Line Sharing:Diaanostic ow 0 C L Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 9 Availabilty: PO-2 - Electronic Flow-through (continued) Available, except as specifed below: Combined interface reporting is effective with August 2008 results published in September 2008 and until such time that the aggregated results are provided, reporting wil be based on the prior PID version. .Notes: 1. The list of LSR types classifed as eligible for flow through is contained in the "LSRs Eligible for Flow Through" matrx. This matrix also includes availability for enhancements to flow through. Matrix will be distributed through the CMP process. 2. The standard and fuure disaggregated repoing of the Line Sharing product is TBD, peding resolution ofTRO issues. . Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 10 . .. . . PO-3 - LSR Rejection Notice Interval Purpose: Monitors the timeliness with which Owest notifies CLECs that electronic and manual LSRs were rejected. Description: Measures the interval between the receipt of a Local Service Request (LSR) and the rejection of the LSR for standard categories of errors/reasons..Includes all LSRs submitted through the specified interface that are rejected during the reporting period..Standard reasons for rejections are: missing/incomplete/mismatching/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 question for clarification about the LSR..Included in the interval is time required for efforts by Owest to work wih the CLEC to avoid the necessity of rejecting the LSR..With hours: minutes reporting, hours counted are business hours for manual rejects. 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. Reporting Period: One month Unit of Measure: Hrs: Mins. Reporting Comparisons: I Disaggregation Reporting: Statewide. CLEC aggregate and . PO-3C, LSRs received via facsimile individual CLEC results . PO-3X, LSRs received electronically and rejected manually Formula: L ((Date and time of Rejection Notice) - (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 startstop dates/times. Product Reporting: Not applicable Standards:.PO-3C:,. 24 work week clock hours.PO-3X:,. 12 business hours Availability:Notes: Available, except as specified below: PO-3X: Combined interface reporting is effective with August 2008 results published in September 2008 and until such time that the aggregated results are provided, reporting wil be based on the prior PID version. Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 11 PO-4 - LSRs Rejected .Purpose: Monitors the extent LSRs are rejected as a percentage of all LSRs to provide information to help address ootential issues that mioht be raised by the indicator of LSR rejection notice intervals. Description: Measures the percentage of LSRs rejected (retumed to the GLEe) for standard categories of errors/reasons..Includes all LSRs submitted through the specified interface that are rejected or FOG'd during the reporting period..Standard reasons for rejections are: missinglincomplete/mismatchinglunintellgible information; duplicate request or LSRlPON (purchase order number); no separate LSR for each account telephone number affected; no valid contract; no valid end user venfcation; accnt not working in Owest territory; service-affecting order pending; request is outside established parameters for service; and lack of GLEG response to Owest uestin for clarification about the LSR. Reporting Period: One month Unit of Measure: Percet of LSRs Reporting Comparisons: GLEG aggregate and Disaggregaton Reporting: individual GLEG results Results for this indicator are reported according to the gateway interface used to submit the LSR: PO-4A-1 LSRs received via IMA-GUI and rejected manually - Region wide PO-4A -2 LSRs recived via IMA-GUI and auto-rejeced - Region wide PQ-4B-1 LSRs received via IMA-EDI and rejected manually - Region wide P0-B -2 LSRs reived via IMA-EDI and auto-rejected - Region wie PO-4C LSRs recived via facsimile - Statewie Formula: ((Total number of LSRs rejected via the spcifed methd in the repong period) + (Total of all LSRsthat are received via the specified interface that were rejeced or FOC'd in the reporting period)) x 100 Exclusions:.Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to disallow duplicate LSR #'s.).Invalid starVstop dates/times. Product Reporting: Not applicable (reported by Standard: Diagnostic orderino interface). Availability:Notes: Available . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibi B June 15, 2008 Page 12 . . . . 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 specifed under "Standards' below for FOC notifications. . Includes all LSRs/ASRs that are submitted through the specifed interface or in the specified manner (Le., facsimile) that receive an FOC during the reporting period, subject to exclusions specified below. (Acknowledgments sent separately from a FOC are not included.) . For PO-SA, 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-SB, SC, and SO, the interval measured is the period between the application date and time, as defined herein, and Qwests response with a FOC notifcation (notifcation date and time). . "Fully electronic' LSRs are those (1) that are received via IMA-GUI or IMA-XML, (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-XML 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 according to the FOC interval categories shown in the "Standards' section below, based on the number of lines/services requested on the LSR or, where multiple LSRs from the same CLEC are related, based on the combined number of lines/services requested on the related LSRs.Reporting Period: One month I Unit of Measure: Percent Reporting Disaggregation Reporting: Statewide level (per multi-state system Comparisons: CLEC serving the state). aggregate and individual Results for this indicator are reported as follows: CLEC results . PO-SA:' FOCs provided for fully electronic LSRs . PO-SB:' . FOCs provided for electronic/manual LSRs .. PO-SC:' FOCs provided for manual LSRs received via Facsimile . PO-SO: FOCs provided for ASRs requesting LIS Trunks , Each of the PO-SA, PO-SB and PO-SC measurements listed above wil be further disaggregated as follows: - (a) FOCs provided for Resale services and UNE-P - (b) FOCs provided for Unbundled Loops and specified Unbundled Network Elements - (c) FOCs provided for LNP Formula: PO-SA = t(Count of LSRs for which the original FOC's "(FOC Notifcation Date & Time) - (LSR received date/time (based on scheduled up time))" is within 20 minutes) + (Total Number of original FOC Notifications transmitted for the service category in the reporting period)) x 100 PO-SB, SC, & SO = t(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 Notifcations transmitted for the service category in the reportinQ periodH x 100 Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 1S, 2008 Page 13 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 coes..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 starVstop dates/times. Additional PO-5D exclusion:.Records with invalid application or confirmatin dates. Product Reporting:Standards: .For PO-SA (all):95% within 20 minutes NUll",.For PO-SA, -5B and .For PO-5B (all):900/0 within standard FOC intervals -5C:(specifed below) (a) Resale services .For PO-5C (manual):90% within standard FOC intervalsUNE-P (POTS)snecfied below PLUS 24 hours NOTE 3and UNE-P Centrex .For PO-5D (LIS Trunks):85% within eiaht business davs(b) Unbundled Loops and specifed Standard FOC Intervals for PO.sB and PO-5Unbundled Network Elements.Product Group NOTE 1 FOC Interval(c) LNP Resale For PO-5D: LIS Residence and Business POTS 1-39 lines .ISDN-Basic 1-10 linesTrunks.-Conversion As Is 24 hours-Adding/Changing features-Add primary direory listing to established loo-Add call appearance Centrex Non-Design 1-19 lines with no Common Block Configuration Centrex line feature chanaes/adds/removals (all) LNP 1-24 lines Unbundled Loops 1-24 loops 2/4 Wire analog DS3CapabieSub.loop 1-24 sub-lops fincluded in Product Rennina aroun (b)l Line Sharing/Line Splitting/Loo Splitting 1-24 shared loops fincluded in Product Reoortna aroup (b 11 Unbundled Network Element-Platf (UNE-P POTS) 1- 39 lines . . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 14 . . . . 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 Availability: Resale Centrex (including Centrex 21, Non-design, Centrex 21 Basic ISDN, Centrex-Plus, Centron, Centrex Primes) 1-10 lines - With Common Block Configuration required - Initial establishment of Centrex CMS services - Tie lines or NARs activity - Subsequent to initial Common Block - Station lines - Automatic Route Selection - Uniform Call Distribution - Additional numbersUNE.P Centrex 1-10 linesUNE.P Centrex 21 1-10 lines Unbundled LOOps with Facilty ChecklNOE2.3) 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 considered ICB. 2. Unbundled Loop with Facility Check can be processed electronically; however, because this category always carries a 72-hour FOC interval the FOC results for this product wil appear in PO-5B if received electronically or PO-5C if received manually. 3. Unbundled Loop with Facilty 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 Available, except as specified below: PO-5A & PO-5B: Combined interface reporting is effective with August 2008 results published in September 2008 and unti such time that the aggregated results are provided, reporting wil be based on the prior PID version. Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 15 PO-6 - Work Completion Notification Timeliness .Purpose: To evaluate the timeliness of Owest issuing electronic notificatin at an LSR level to CLECs that provisioning work on all service orders that coprise the CLEC LSR have been copleted in the Service Order Processor and the service is available to the customer. Description:.Includes all orders completed in the Owest Service Orer Procssor 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 availableNOTE 1 to the CLEC via the ordering interface used to place the local service request. The notifcation is made available at an LSR level when all service orders that comprise the CLEC LSR are complete..With hours: minutes reporting, hours conted are during the published Gateway Availabilty hours. Gateway Availabilty hours are based on the currently published hours of availabilty found on the following website: http://w.Qwest.comlwholesale/cmp/ossHours.html. Reporting Period: I Unit of Measure:One month Hrs:Mins Reporting Disaggregation Reporting: Statewide leveL. Comparisons: CLEC aggregate and individual CLEC results. Formula: ¿((Date and Time Completion Notification made available) - (Date and Time the last of the service orders that comprise the CLEC LSR is completed in the Service Order Procr)) + (Number of completion notifications made available in reporing peri) Exclusions:.Records with invalid completion dates..LSRs submitted manually (e.g., via facsimile)..ASRs submitted via EXACT. Product Reporting: I Standard: Not applicable 6 hours Availabilty:Notes: 1.The time a notic is "made available" via the IMA-GUI is the time Owest stores Combined a status update related to the completi notice in the IMA Status Updates interface database. When this ocrs, the notice can be immediately viewed by the reporting is CLEC using the Status Updates window or by using the LSR Notice Inquiry effective with function. The time a notice is "made available" via the IMA-XML is the time August 2008 Owest makes the completion notice available for XML transmission (push) or results published retrieval (pull). When this occurs, the notice can be immediately transmitted by in September Owest or retrieved by the CLEC. 2008 and until such time that the aggregated results are provided, reporting will be based on the prior PID version. . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 16 . . . . PO-7 - Biling Completion Notification Timeliness Purpose: To evaluate the timeliness with which electronic billng completion notifcations are made available to CLECs, focusing on the percentage of notifications that are made available (for CLECs) or posted in the billng system (for Owest retail) within five business davs. Description: PO-7X:.This measurement includes all orders posted in the CRIS billng system for which billing completion notices are made available 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 biling completion for the order is made available to the CLEC.-The time a notice is "made available" via the IMA-GUI consists of the time Owest 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 "made available" via the IMA-XML is the time Owest makes the completion notice available for XML transmission (push) or retrieval (pull). When this occurs, the notice can be immediately transmitted by Owest or retrieved by the CLEC. Applicable only to those CLECs who are certifed and setup to receive the notices via IMA-XML..The start time is when the completion of the service order is posted in the Owest SOP. The end time is when, confirming that the order has been posted in the CRIS billng system, the electronic billng completion notice is made available to the CLEC via the same ordering interface as used to submit the LSR..Intervals counted in the numerator of this measurement are those that are five business days or less. PO-7C:.This measurement includes all retail orders posted in the CRIS Billng 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 theorder 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 I Unit of Measure: Percent Reporting Comparisons:Disaggregation Reporting: Statewide level. PO-7X: CLEC aggregate and .PO-7X Notices made available via IMA individual CLEC results..PO-7C Billng system posting completions for Owest Retail PO-7C: Owest retail results. Formula: For wholesale service orders Owest generates for LSRs received via IMA: PO-7X =(Number of electronic billng 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) For service orders Owest generates for retail customers (i.e., the retail analogue for PO-7X): PO-7C =(Total number of retail service orders posted in the CRIS biling system in the reporting period that were posted within five business days) + (Total number of retail service orders posted in the CRIS billng system in the reporting period) Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 17 PO-7 - Biling Completion Notification Timeliness (continued) Exclusions: PO-7X& 7C.Services that are not ~iIed through CRIS, e.g. Resale Frame Relay..Records with invalid completion dates. PO-7X.LSRs submitted manually..ASRs submitted via EXACT. Product Reporting: I Standard: Not applicable Pû-7X: Parity with Pû-7C Availabilty:Notes: Available, except as specifed below: PO-7X: Combined interface reporting is effective with August 2008 results published in September 2008 and unti such time that the aggregated results are provided, reportng wil be based on the prior PID version. . . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 18 . . . . PO-8 - Jeopardy Notice Interval Purpose: Evaluates the timeliness of jeopardy notifications, focusing on how far in advance of original due dates jeopardy notifications are provided to GLEGs (regardless of whether the due date was actually missed). Description: Measures the average time lapsed between the date the customer is first notified óf an order jeopardy event and the original due date of the order..Includes all orders completed in the reportino period that received jeopardy notifcations. Reporting Period: One month Unit of Measure: Average Business davs NU'" Reporting Comparisons: GLEG Disaggregation Reporting: Statewide leveL. aggregate, individual GLEG and Qwest (This measure is reported by jeopardy notification process Retail results as used for the categories shown under Product Reoortina. ) Formula: (¿(Date of the original due date of orders completed in the reporting period that received jeopardy notifcation - Date of the first jeopardy notification).; Total orders completed in the reporting period that received jeopardy notifcation) 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 missino data essential to the calculation of the measurement per the PID. Product Reporting:Standards: A Non-Designed Services A Parity with Retail POTS B Unbundled Loops (with or without B Parity with Retail POTS Number Portbility) G LIS Trunks G Parity with Feature Group D (FGD) services D UNE-P (POTS)D Parity with Retail POTS Availabilty:Notes: Available 1. For PO-8A and -D, 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 analoguesspecified 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 Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 19 PO-9 - Timely Jeopardy Notices .Purpose: When original due dates are missed, measures the extent to which Owst notifies customers in advance of jeopardized due dates. Description: Measures the percentage of late orders for which advance jeopardy notification is provided..Includes all inward orders (Change, New, and Transfer order types) assigned a due date by Owest and which are completed/closed in the reporting period that missed the original due date. Change order types included in this measurement consist of all C orders representing inward activity..Missed due date orders with jeopardy notifications provided on or after the original due date is past 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 I Disaggregation Reporing: Statewide leveL. aggregate, individual CLEC and (Tis measure is repored by jeoardy notifcation proess asOwest Retail results used for the cateaories show under Prouct Reportng.) Formula: ((Total missed due date orders completed in the repong perid that recved jeopardy notifcation 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 coes..Records missing data essential to the calculatin of the measurement per the PID. Product Reporting:Standards: A Non-Designed Services A Parity wih Retail POTS B Unbundled Loops (with or without Number B Parity wih Retail POTS Portabilty) C LIS Trunks C Parity with Feature Group D (FGD) Services D UNE-P (POTS)D Parity with Retail POTS Availabilty:Notes: Available . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 20 . . . . PO-15 - Number of Due Date Changes per Order Purpose: To evaluate the extent to which Owest changes due dates on orders. Description: Measures the average number of Owest due date changes per order..Includes all inward orders (Change, New, and Transfer order types) that have ben assigned a due date in the reporting period subject to the exclusions below. Change order types for additional lines consist of all "CO orders representing inward activity..Counts all due date changes made for Owest reasons following assignment of the original due date. Reporting Period: One month I Unit of Measure: Average Number of Due Date Changes Reporting Comparisons: i Disaggregation Reporting: Statewide level. CLEC aggregate, individual CLEC, and Owest retail results. Formula: ¿(Count of Owest 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: I Standard: None Diagnostic Availabilty:Notes: Available Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 21 PO-16- Timely Release Notifications Purpose: Measures the percent of release notificatins for changes to spefied OSS intenaces sent by Qwest to CLECs within the intervals and scope specied within the change management plan found on Qwests Chance Manaoement Process, (CMP) website at htto:/Iw.awest.com/wholesale/cmolwhatiscmo.html. Description: · Measures the percent of release notices that are sent by awest within the intervals/timefrmes prescribe by the release notification procdure on Qwsts CMP website. NOTE 1 - Release notices measured are: - Draft Technical Speifications (for App to App interfaces only); - Final Technical Specifications (for App to App interfaces only); - Draft Release Notices (for IMA-GUI interfaces only); - Final Release Notices (for IMA-GUI interfaces only); and - OSS Interface Retirement Notices. NOTE 2 - For the following OSS interfaces: - IMA-GUI, IMA-XML; - CEMR; - Exchange Accss, Control, & Tracking (EXACT); NOTE 3 - Electronic Bonding - Trouble Administration (EB -TA); NOTE 4 - lABS and CRIS Summary Bill OU~ts; NOTE 5 - Loss and Completion Recrds; NO 5 - New ass interfaces (for introduction notice only.) NOTE 6 - Also included are notifications for conectiviy or system function changes to Resle Product Database. - Includes ass interface release notifications by awest relating to the following products and service categories: LIS/Interconnection, Colloctin, Unbundled Netwrk Elements (UNE), Ancillary, and Resale Products and Serices. - Includes ass interface release notifications by awest to CLECs for the following ass functons: Pre-Ordering, Ordering, Provisioning, Repair and Maintenance, and Billng. - Includes Types of Changes as specified in the "Qwest Wholesale Change Management Process Document" (Section 4 - Types of Changes). - Includes all OSS interface release notifictions pertaining to the above OSS systems, subjec to the exclusions specifed below. . Release Notifications sent on or before the date required by the CMP are considere timely. A release notification "sent date" is determined by the date of the e-mail sent by Qwst that provides the Release Notification. NOTE 7 · Release Notifcations sent after the date required by the (CMP) are cosidered untimely. Release Notifications required but not sent are considered untimely. . . Reporting Period: One month Reporting Comparisons: CLEC Aggregate Unit of Measure: Percent Disaggregation Reporing: 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 notifcations for specified OSS interface changes within reporting period))x100 Exclusions: · Changes to be implemented on an expeited basis (exception to OSS notification intervals) as mutually agreed upon by CLECs and Qwest through the CMP. · Chanaes where awest and CLECs aaree, throuah the CMP, that notifcation is unnecessarv. awest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 22 . . . . PO-16 Timely Release Notifications (continued) Product Reporting:None Standards: Vol. 1-10: No more than one untimely notification Vol. :. 10: 92.5% timelv notifications Availability: Available Notes: 1. The Qwest Wholesale Change Management Process Document specifies the intervals for release notifications by type of notification. These intervals are documented in the change management plan. 2. The documents descnbed in section "9.0 - Retirement of Existing OSS Interfaces" of the "Qwet Wholesale Change Management Process Document" as "Initial Retirement Notice" and "Final Retirement Notice." 3. EXACT is a Telecordia system. Only release notifcations for changes initated by Qwest for hardware or connectivity 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 notifcation intervals documented in section 8.1 - Changes to Existing Application to Application Interface. 6. The documents descnbed in section "70 - Introduction of New OSS Interface" of the "Qwest Wholesale Change Management Process Document" as "Initial Release Announcement and Preliminary Implementation Plan" (new App to App only), "Initial Interface Technical Specification" (new App to App only), "Final Interface Technical Specifications (new App to App only), "Release Notifcation" (new GUI only). CMP notices for "Introduction of a New OSS" are to be included in this measurement even though the new system is not explicitly listed in the "Description" section of this PID. However, once implemented, the system wil not be added to the measurement for purposes of measunng release, change and retirement notifications unless specifically incorporated as an authonzed change to the PID. 7. The intervals used to determine timeliness are based on CMP guidelines. Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 23 PO-19 - Stand-Alone Test Environment (SATE) Accuracy Purpose: Evaluates Qwesls abilty to provide accurate production-like tests to CLECs for testing new releases in the SATE and production environments. Description: PO-19X . Measures the percentage of test transactions that conform to the test scenarios published in the IMA XML Data Document - for the Stand Alone Test Environment (SATE) that are succssfully executed in SATE at the time a new IMA Release is deployed to SATE. · Includes one test transaction for each test scnario published in the IMA XML Data Doument - for the Stand Alone Test Environment (SATE). . Test transactions will be executed for each of th IMA releses supported in SATE utilizing all test scenarios for each of the current versios of the IMA XML Data Document - for the Stand Alone Test Environment (SATE). · The successful execution of a transaction is determine by the Owst Test Engineer according to: - The expected results of the test scenario as describe in the IMA XML Data Document - for the Stand Alone Test Environment (SATE) and the XML disclosure document. - The transactions strict adherence to business rules published in Qwesls most currentlMA XML Disclosure Documentation for each release and the associated Addenda. NOTE 1 · For this measurement, Qwest will execute the test transactions in the Stand-Alone Test Environment. - Release related test transactions wil be executed when a full or point release of IMA is installed in SATE. These transactions will be executed within five business days of the numbered release being originally installed in SATE. This fie-business day perid will be referred to as the ïesting Window: · Test transaction results wil be reported by release and included in the Reporting Period during which the release transactions are completed. PO-19B . Validates the extent that SATE mirrrs productio by measuring the percntage of IMA XMLotest transactions that produce comparable results in SATE and in proucton. - Transactions counted as producing comparable result are those that return corrctly formalled data and fields as specifed in the release's XML disclosure doument and developer worksheets i related to the IMA release being tested. - Comparabilty wil be determined by evaluating the data and fields in each XML 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 Prouct/Activity combinations. Qwesls three regions wil be represented.NOTE 2 - Pre-order, Order, and Post-order transactios (FOCs for flow-through products) are included. . With respect to the comparabilty of the structure and content of results from SATE and production environments, this measurement focuses only on the validity of the structure and the validi~ of the content, per developer worksheets and WSDLs distributed as part of release notifications. N TE 3 . . Reporting Period:Unit of Measure:Percent One month (for those months in which release- related test transactions are completed) Reporting Comparisons: None Disaggregation Reporting: Pû-19X - Reported separately for each release tested in the reporting period PO-19B - None Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 24 . . . . PQ-19 Stand-Alone Test Environment (SATE) Accuracy (continued) Formula: PO-19X: ((Total number of successfully completed SATE test transactions executed for a Software Release in the Reporting Period) + (Total number of SATE test transactions executed for each Software Release completed in the Reporting Period)) x 100 PO-19B: ((Total number of completed IMA XML test transactions executed in SATE and production that produce comparable results for each new major IMA Software Release completed in the Reporting Period) + (Total number of completed IMA XML test transactions executed in SATE and production for each new major IMA Software Release completed in the Reporting Period)) x 100 Exclusions: For PO-19B: . Transactions that fail due to the unavailabilty 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-XML (e.g., PREMIS or SIA). . Transactions that fail because of differences between the production and SATE results caused when an IMA candidate is implemented into IMA and not SATE (i.e., where CMP decides not to implement an IMA candidate in a SATE release: e.g., the Reject Duplicate LSR candidate in IMA 12.0). This exclusion does not apply during reportng periods in which there are no differences between oroduction IMA and SATE caused by SATE releases packaged pursuant to CMP decisions.Product Reporting: None Standard: PO-19X - 95% for each release tested PO-19B-95% Notes: 1. Transactions that are executed and found to have inconsistencies with the data and format rules will be corrected and rerun. Rerun volumes will not be counted in the denominator for PO-19. Such corrections and re-executions are intended to enforce strict adherence to business rules published in Owests most current IMA XML Data and Disclosure Documents. 2. The product and activity combinations that make up the test decks for PO~19B wil be updated after each major IMA software release and provided to CLECs with the publication of IMA XML Draft Interface Technical Specifications for the next major IMA software release as defined in the CMP process. All combinations with XML transaction volumes ;. 100 in the previous 12-month period will be included in the test deck. 75 days prior to the execution of the test, Owest will run a query against IMA to determine which combinations meet the criteria for inclusion (i.e., volumes ;. 100). 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 Availability: Effective with August 2008 results published in September 2008 Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 25 PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued) as in production. Available appointments in prouction are fully dependent on real-time actvities that occr there, whereas available appointments in SATE are based on a pr define list that is representative of production.. . Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 26 . . . . PO-20 (Expanded) - Manual Service Order Accuracy Purpose: Evaluates the degree to which Owest accurately processes CLECs'Local Service Requests (LSRs), which are electronically-submitted and manually processed by Owest, into Owest Service Orders, based on mechanized comparisons of specified LSR-Service Order fields and focusing on the percentage of manually- processed Service Orders that are accurate/error-free. Description: Measures the percentage of manually-processed Owest Service Orders that are populated correctly, in specified data fields, with information obtained from CLEC LSRs. . Includes only Service Orders created from CLEC LSRs that Owest receives NOTE 1 electronically (via IMA- GUI or IMA-XML) and manually processes in the creation of Service Orders, regardless of flow through eligibility, subject to exclusions specified below. . Includes only Service Orders, from the product reporting categories specified below, that request inward line or feature activity (Change, New, and Transfer order types), are assigned a due date by Owest, and are completed/closed in the reporting period. Change Service Order types included in this measurement consist of all C orders with "I" and "r action-coed 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 Serice Order. An inward feature Service Order will be classifed 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 notifcations 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 (i.e., results first appear in reports one month later than results for measurements that are not reported in arrears), in order to exclude Service Orders that are the subject of call center tickets counted in OP-5B and OP-5T, as having new service problems attributed to Service Order errors. Percent Reporting Comparisons: CLEC Aggregate and individual CLEC Disaggregation Reporting: Statewide Level Formula: ((Number of accurate, evaluated Service Orders) + (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 missina data essential to the calculation of the measurement per the PID. Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 27 PO-20 (Expanded) - Manual Service Order Accuracy (continued) Product Reporting: . Resale and UNE-P (POTS and Centrex 21) Standard: 95%.. Unbundled Loops (Analog and Non-Loaded 2/4-wire, DS1 Capable, DS3 and higher Capable, ADSL Compatible, XDSL-I Capable, ISDN-BRI Capable) Availability: Inclusion of XML reporting is effective with July 2008 results published in September 2008 and until such time that the XML results are provided, reporting will be based on the prior PID version. 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-XML. 2. Consists of all manually-prossed, qualifyng Servce Orders per prouct reporting category speifi above, from throughout Owests 14- state local service region. Available, except as specifed below: LSR-8ervice Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Rernrkervice Order Field: CCNA Customer Carrier CCNA field of LSR form compared to the RSID/ZCID field LSR Name identifi in the Extended ID secon of the Service Order. Abbreviation PON Purchase Order PON field of LSR form copared to the PON field in Bil Number Section of the Service Order. DfTSENT Date and time The DfTSENT fiel of LSR form from the Firm Order sent Manager, using applied business day cu-off rules and business tying rules, and compare to the APP (Application Date) used on the Service Order. CHC Coordinated Hot Applies only to Unbundled Loop. Cut Requested Validate that the installation USOC used on the Service Order matches the Coordinated Cut request. (Evaluated in coniunction with the TEST field to determine correct USOC.) TEST Testing required Applies only to Unbundle Loop. Validate that the installation USOC used on the Service Order matches the TEST reuest. (Evaluated in conjunction with the CHC field to determine correct USOC.) NC Netwrk Channel Applies only to Unbundle 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 Loo NCI field on the LSR form Interface Code compared to provisioning USOC for CKL 1 on the Service Order. . Owest Washington SGAT Eighth Revision, Eighth Amnded Exhibit B June 15, 2008 Page 28 . . . . PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-5ervice Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: SECNCI Secondary Applies only to Unbundled Loop orders. Network Channel SECNCI field on the LSR form compared to the provisioning Interface Code USOC for CKL2 on the Service Order. PIC InterLATA Pre-PIC field on Resale or Centrex form compared to PIC subscription populated on the "I. or "r 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 IntraLA TA Pre-LPIC field on Resale or Centrex form compared to LPIC Centrex subscription populated on the "I" or ''T action lines in the Service and Indicator Code Equipment section of the Service Order. Note: LSR LPIC = None; S.O. LPIC = 9199 LSR LPIC = DFLT; S.O. LPIC = 5123 TNS Telephone Validate that all telephone numl:rs in the TNS fields in the Numbers Service Details section on the Resale or Centrex form reauiring inward activity are addressed on the Service Order. FA!Feature When the FA = N, T, V FEATURE Activity/Feature Validate line and feature USOCs provided in the FEATURE Codes field on the Resale or Centrex form are addressed with "I" Resale and/or "r actÎon 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.comlwholesale/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 uodatina the list. ECCKT Exchange Applies to LSRs with ACT - C (only when NC code has not Company Circuit changed, M, or T. LS ID ECCKT field on the LS form compared to the CLS field in the Service and Equipment section of the Service Order. Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 29 PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-5ervice Order Fields Evaluated Mechanized comparison of the fields from the Serice Order to the LSR: LSR Field Form Code LSR Field Name RemarkslService Order Field: CFA Connecting CFA field on the LS or LSNP fonns compared to the CFA LSI Facilty field used in CKL 1 of the Service Order. (Verbal acceptance LSNP Assignment of CFA changes will be FOC'd and PIA'd, which will account for the mismatch and eliminate it as an error in the PO-20 calculation. 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 seion 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 th directory and telephoe number do not apper in DA.) Validate that there is non published instrctns in the LN field in the List íi section of the service Order. Cl Centrallestern Regions: Validate that the left handedc;i field is NP and (NON-PUB) is contained in the NP data field ê :¡in the List setion of the Service Order. .2 c Eastern Region: Validate that the left handed field is NPII ïi and (NP LODA) or (NP NODA) is contained in the NP datag':: .. ëi field in the List secion of the Servic Order. .!! u TOA Type of Account Validate TOA entnes (only reviewed when BRO field on DL.. 0 ~~fonn is not populated): .e .2 .TOA valid entties are B or RPu ;:Validatê that there is a semi colon (;) within the LN in theCD_.!: c:List secion of the Serice Order.00 I 't .TOA valid entnes are R or BP .. .s Validate that there is a comma (,) within the LN in the Listo os::section of the Servic Order.~Exception: When LSR-TOS = 3, TOA review is Not!:Applicable. Handled by Complex Listing Group. Requires seoarate Service Order. DML Direct Mail List DML field = 0 on DL fonn; Service Order LN contains (OCLS). NOSL No Solicitation Arizona Only Indicator NOSL field = Y on DL for; Service Order LN contains (NSOl) (OCLS). TMKT Telemarketing Colorado Only TMKT field = 0 on DL fonn; Service Order LN contains (OATD). When both the DML and the TMKT fields are populated, DML validation aoolies. LNLN and Listed Name LNLN and LNFN fields on DL fonn compared to the LN field LNFN in the List secion of the Service Order. . . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 30 . . . . PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-5ervice Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: ADI Address Indicator ADI - 0 on DL form; Service Order LA contains (OAD). LAPR Listed Address LAPR field of the Listing form compared to LA in the List Number Prefix section of the Service Order. LANO Listed Address LANO field of the Listing form compared to LA in the List Number section of the Service Order. LASF Listed Address LASF field of the Listing form compared to LA in the List Number 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 Stret Directional section of the Service Order. Suffx LALOC Listed Address LALOC field of the Listing form compared to LA in the List Localitv section of the Service Order. DSPTCH Dispatch Limited to Unbundled Loops where ACT - Z or V only. If DSPTCH field on the LSR form = Y, validate dispatch LSR USOC in the Service and Equipment section of the Service Order. LTC Line Treatment Applies only to Centrex 21 Code LTC field numeric value on the Centrex form compared to the data following the CAT field for the Line USOC on the Centrex Service Order. COS Class of Service Applies only to Centrex 21. - Owest Specific COS field of the Centrex for compared to the CS field in the 10 section of the Service Order. Resale FEATURE Feature Details As specified in Appendix A of the 14 State Working PID. or DETAILS Comparison would be based on the fields associated with the Centrex USOC list referenced under Feature Activitv above. Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 31 PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-5ervice 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: BLOCK Blocking Type For each LNUM prvided in the Service Detail section of the (Stage 1)Resale or Centrex form when BA = E: Note: The BLOCK fild may have one or more alpha and/or numeric values per LNUM. This review will only validate based on BNBLOCK fields and will not address blocking informtion provided in the "Remark" secion 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 Resale service order floated behind line USOC associated with the or TNS for that LNUM. Centrex If BLOCK contains B, validate FID TBE B is present on the service order flated behind line USOC associated with the TNS for that LNUM. If BLOCK contains C, validate FID TBE C is prent on the service order flated beind line USOC assoated with the TNS for that LNUM. If BLOCK contains H. validate FID BLKD is present on the service order flted 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 subsuent due date in the Exended ID section on the Service Order when no CFLAGIPIA is present on the FOC. (i.e. Evaluation includes renitio of valid diferences between DDD and Servic 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 ):'"Number L TN field on the Listing for copared to the Main AccountCl~ Ci.5 Number of the Serice Orer.ûi _ Cl;:.5::--i: '"~ 0::For Unbundled Loop: L TN field on the Listing form comparedoE-oi:ü~.æëü to the TN floated after the LN in the Listing section of thee §:E Service Order.Õ ¡¡ ¡¡I ~ u LNPL Letter Name LNPL field on the Listing form = L, validate that LN on thew °.. ~..Placement Service Order follows letter placement versus wordc placement. . . Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 32 . . . . Ordering and Provisioning OP-2 - Calls Answered within Twenty Seconds - Interconnect Provisioning Center Purpose: Evaluates the timeliness of CLEC access to Owests interconnection provisioning center(s) and retail customer access to the Business Offce, focusinQ 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 Dicked UD bv the Owest acen!. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Region-wide level. Owest Retail results Formula: ((Total Calls Answered by Center within 20 seconds) + (Total Calls received by Center)) x 100 Exclusions: Time spent in the VRU Voice Response Unit is not counted.. Product Reporting: Not applicable Standard: Parity Availabilty:Notes: Available Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 33 OP-3 - Installation Commitments Met .Purpose: Evaluates the extent to which Qwest installs services for Customers bv 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 typs) assigned a due date by Qwest and which are completed/closed during the reportng period are measured, subject to exclusions specifed below. Change order types included in this measurement consist of all Corders representing inward activity. Also included are orders with customer-reuested due dates longer than the standard interval..Completion date on or before the Applicable Due Date recorded by Owest is counted as a met due date. The Applicable Due Date is the original due date or, if changed or delayed by the customer, the most recently revised due date, subject to the following: If Qwst changes a due date .for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that is (a) subsequent to the oricinal due date and (b) prior to a Qwest-initiated, chanced due date, if anv. Reporting Period: One month I Unit of Measure: Percent Reporting Disaggregation Reporting: Statewide leveL. Comparisons:.Results for producUservices listed in Product Reporting under "MSA-Type CLEC aggregate,Disaggregation" wil be reported according to orers involving: individual CLEC OP-3A Dispatches within MSAs; and Qwest Retail OP-3B Dispatches ouside MSAs; and results OP-3C No dispatches..Result for products/services listed in Prouct Repoing under 'Zone-type Disaggregation" wil be disaggregated accrding to installations: OP-3D In Interval Zone 1 areas; and OP-3E In Interval Zone 2 areas. Formula: ((Total Orders completed in the reportng period on or before the Applicable Due Date) + (Total OrdersCompleted 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-Qst reasons. Standard categories of customer reasons are: previous service at the location did not have a customer- requested discnnect order issued, no access to customer premises, and customer hold for payment. Standard categories of non-Qwest reasons are: Weather, Disaster, and Work Stoppage..Records involving 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 Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 34 . . . . OP - 3 Installation Commitments Met (continued) Product ReDortina:Standards: MSA.TvDê Disaaareaation..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 DSO (non-designed provisianinçi)Parity with retail service PBX Trunks (non-desianed orovisionina)Parity with retail service Primarv ISDN (non-desianed orovisionina)Parity with retail service Basic ISDN (non.desianed orovisioninçi)Parity with retail service.Unbundled Network Element - Platform Parity with like retail service lUNE-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) lCentrex ).Line Splitting 95% .Loop Splitting NO i t 1 Diagnostic .Line Sharing 95% .Sub-Loop Unbundling CO: 90% All Other States: Diaanostic Zone.TvnA Disaaareaation ..Resale Primarv ISDN (desianed orovisionina)Parity with retail service Basic ISDN (desiçined orovisionina)Parity with retail service DSO (desianed orovisionina)Parity with retail service DS1 Parity with retail service PBX Trunks ldesianed orovisionina)Parity with retail service DS3 and higher bit-rate services Parity with retail service(aaareaate) . Frame Relav Parity with retail service.LIS Trunks Parity with Feature Group D (aggregate).Unbundled Dedicated Interoffce Transoort (UDIT) UDIT - DS1 level I Parity with retail DS1 Private Line UDIT - Above DS 1 level I Parity with retail Private Lines above DS 1 level Dark Fiber -.IOF I Diaçinostic.Unbundled Looos: Analoçi Looo 90% Non-loaded Loop (2-wire)90% Non-loaded Looo (4-wire)Parity with retail DS 1 Priate Line DS1-capable Loop Parity with retail DS1 Private Line xDSL-I caoable Looo 90% ISDN-capable Loop Parity with retail ISDN BRI (desianed) ADSL-aualifed Looo 90% Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (aaareaate)Line services (aggregate) Dark Fiber - Loop Diaanostic Looos with Condition ina 90%.E911/911 Trunks Parity with retail E911/911 Trunks Owest Washingtan SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 35 OP - 3 Installation Commitments Met (continued) .Enhanced Extended Loops (EELs) - (080 WA: 90% level)All Other States: Diagnostic.Enhanced Extended Loops (EELs) - (081 90% level).Enhanced Extended Loops (EELs) - (083 WA:90% level)All Other States: Diagnostic Availabilty: I Notes: Available 1. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. . . Owest Washington 8GAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 36 . . . . OP-4 -Installation Interval Purpose: Evaluates the timeliness of Owests 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 accepted and implemented..Includes all inward orders (Change, New, and Transfer order types) assigned a due date by Owest and which are completed/closed during the reporting period, subject to exclusions specified below. Change order types for additional lines consist of all C orders representing inward 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 Owest changes a due date for Owest 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 Owest-initiated, changed due date, if any. N TE 2.Time intervals associated with customer-initated 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, followine 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; and and Owest OP-4C No dispatches. Retail results .Results for products/services listed in Product Reporting under "Zone-type Disaggregation" wil be disaggregated according to installations: OP-4D In Interval Zone 1 areas; and OP-4E In Interval Zone 2 areas. Formula: ¿((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date and the Applicable Date) - (Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date)) ., 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 period. Exclusions:.Orders with customer requested due dates greater than the current standard intervaL..Disconnect, From (another form of disconnect) and Record order types..Records involving 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. Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 37 OP-4 -Installation Interval (continued) Product Reporting:I Standards: MSA.TvnA Disaaareaation .I.Resale Residential sinale line service Pantv with retail servic Business sinale line service Pantv with retail servic Centrex Pantv with retail servic Centrex 21 Paritv with retail servic DSO (non-desianed provisionina)Parity with retail service PBX Trunks (non-desianed orovisionina)Pantv with retail service Pnmary ISDN (non-designed Panty with retail service orovisionina) Basic ISDN (non-desianed provisioning)Pantv with retail servic.Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS).Unbundled Netwrk Element - Platform Panty with retail Centrex 21 (UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Panty with retail Centrex (UNE-P) (Centrex).Line SpliUina 3.3 days.Loop SoliUina NOTE 3 Diagnostic.Line Shanna 3.3 days.Sub-Loop Unbundling CO: 6davs All Oter States: Diaanostic Zone.TvDe Disaaareaation -.Resale Primarv ISDN (desianed provisionina)Parity with retail service Basic ISDN(desianed orovisionina)Parity with retail service DSO (desianed provisionina)Pantv with retail service DS1 Pantv with retail service PBX Trunks (desianed provisionina)Pam" with retail servic DS3 and higher bit-rate services Pamy with retail servic(aaareaate) Frame Relav Pantv with retail service.LIS Trunks Panty with Feature Group 0 (aggreate) .Unbundled Dedicated Interoffce TranSpOrt (Uoity UDIT ~ DS11evei I Pantv with DS1 Pnvate Line Servce UDIT -Above DS11evei i Pantv wih Priate Lines above DS1 level Dark Fiber - 10F I Diaanostic.Unbundled Looos: Analoa Loop 6dav Non-loaded Looo (2-wire)6davs Non-loaded Loop (4-wire)Pantv with retail DS1 Private Line DS1-capable Loop Idaho, Iowa, Montana, Nebraska, Nort Dakota, Oregon, Wyoming: Panty with retail DS 1 Private Line Arizona, Colorado, Minnesota, New Mexico, Sout Dakota, Utah, Washinaton: 5.5 days xDSL-1 capable Looo 6davs ISDN-C8oable Looo Pantv with retail ISDN BRI (desianed) ADSL-Qualified Loop 6davs Loop types of DS3 and higher bit-rates Panty with retail DS3 and higher bit-rate services (aaareaate)(aaareaate) Dark Fiber - Looo Diaanostic Loops with Condition ina 15 days . . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 38 . . . . OP-4 -Installation Interval (continued) .E911/911 Trunks Parity with retail E911/911 Trunks .Enhanced Extended Loops (EELs) - (DSO Diagnostic level).Enhanced Extended Loops (EELs) - (DS1 6 days level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) 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 specifed above as standards. For all other products 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 (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-initated 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. Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 39 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 Quality of Qwests resolution of such conditions with resoect to multiole reoorts. 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 constiute 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 peri, including Change (C-typ) orers for additional lines/circuits, subject to exclusions shown below. Chan~e order tyes considered in these measurements consist of all C orders represnting inward activity. OlE 1 · Orders for new service installations include conversions (Retail to CLEC, CLEC to CLEC, and same CLEC converting between products). · Provisioning or repair trouble report include both out of service and other service affecting conditons, such as features on a line that are missing or do not function property upon conversion, subject to exclusions shown below. OP.SA: 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 servic affecting conditions for which Qwest opens repair tickets in its maintenance and repair management and tracking systems NOTE 3 that are cloed in the repoing period or the following month, NOTE 4 subject to exclusions shown below. NOTE 5 · Qwest is able to open repair tickets for repair trouble repo reeived from CLECslcustomers once the service order is completed in Qwests systems. . ~: New Service Provisioning Quality Measures the percentage of inward line service orders that are free of prvisioning trouble reports during the provisioning proces 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 activites, including but not limited to LSRlservice 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 repong 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 percntage of inward line servic orders that are fre of repair or provisioning trouble reports during the provisioning process and within 30 calendar days of installation completion, subject to exclusion shown below. OP-SR: New Service Quality Multiple Report Rate Evaluates the quality of Qwests reponses to repair and provisioning trouble reports for inward line service orders completed in the reporting peri. This measurement reports, for those service orders that were not free of repair or provisioning trouble report in OP-5A or OP-5B, the percentage of trouble reports affecting the same service order 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 reoair or provision ina trouble reoorts received bv Qwest for the same Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 40 . . . . Opo 5 - New Service Quality (continued) service order dunng the provisioning process or within 30 calendar days following installation completion. . Additional repair or provisioning trouble reports are defined as all such reports that are received following the first report (whether the first report is represented by a call center ticketor a repair ticket) relating to the same service order during the provisioning 'process or within 30 calendar days following installation completion. In all cases, the trouble reports counted are those that are defined for OP-5A and OP-5B above. NOTE 7 Reporting Period:. One month, reported in arrears (Le., results first appear I Unit of Measure: in reports one month later than results for measurements that are not Percent reported in arrears), in order to cover the 30-dav period followina installation. Reporting Comparisons: CLEC aggregate, I Disaggregation Reporting: Statewide level individual CLEC and Qwest Retail results Formulas: OP-5A = (Number inward line service orders completed in the reporting period - Number of inward line service orders with any repair trouble reports as specified above) + (Number of inward line service orders completed in the reporting period) x 100 OP-5B = (Number of inward line service orders completed in the reporting penod - Number of inward line service orders with any provisioning trouble reports 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 report, 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, Altemate Provider); and Reports from other than the CLEC/customer that result in a charge if dispatched. - For products measured from WFA (Workforce Administration) data, repair reports coded to codes for: - Carrier Action (IEC); Customer Provided Equipment (CPE); Commercial power failure; Customer requested service order activity; and Other non-Qwest. - Repair reports coded to disposition codes for referral to another department (Le., for non-repair ticket resolutions of non-installation-related problems, except cable cuts, whi.ch 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 will not be excluded. Applicable to OP-5A OP-5B, OP-5T and OP-5R: . Repair or provisioning trouble reports related to service orders captured as misses under measurements OP-13 (Coordinated Cuts Timeliness) or OP-17 (LNP Timeliness). . Subsequent repair or provisioning trouble reports of any trouble on the installed service before the oriainal repair or provisionina trouble report is closed. Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 41 op- 5 - New Service Qualitv (continued) . Service orders closed in the reporting period with App Dates earlier than eight months prior to the beginning of the reporting period. . Information tickets generated for internal Qwest system/netw monitorng purpses. . Disconnect, From (another form of discnnect) and Recrd order types. When out of service or service affecting problems are reported to the call center on conversion and move requests, the resultng 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 reflect the problem was caused by the Disconnect or From order. . Records involving offcial Qwest company services. ,; Records missinQ data essential to the calculation of the measurement as defined herein. Product Reporting Categories: Standards: . As specified below - one OP-5A: percentage result reported for Op.5B:each bulleted category under Op.5T: the sub-measurements shown. OP-5R: . Parity with retail service 96.5% Diagnostic Diagnostic for six months following first reporting. Possible standard (TBD) (Where pariy comparisons involve multiple service varieties in a product category, weighting based on the retail analogue volumes may be use if necssary to create a comparison that is not affected by different proportns of wholesale and retail analogue volumes in the same rePOrtinQ category.) . Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15,2008 Page 42 . . . . OP~ 5 - New Service Quality (continued) Product ReDortina:I Standards: Reoorted under OP-5A OP-5B OP-ST and OP-5R: OP-5A OP-5B OP-5T & OP-5R Resale Residential single line Panty with retail service 96.5%Diagnostic service Business single line Parity with retail service 96.5%Diagnostic service Centrex Pantv with retail service 96.5%Diaonostic Centrex 21 Parity with retail service 96.5%Diagnostic PBX Trunks Pantv with retail service 96.5%Diaanostic Basic ISDN Pantv with retail service 96.5%Diagnostic Primarv ISDN Parity with retail service 96.5%Diaanostic DSO Parity with retail service 96.5%Diagnostic DS1 Parity with retail service 96.5%Diagnostic DS3 and higher bit-Parity with retail service 96.5%Diagnostic rate services (aggregate) Frame Relav Parity with retail service Diagnostic 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-P) (Ceritrex 21 ).Unbundled Network Parity with retail Centrex 96.5%Diagnostic Element - Platform (UNE-P) (Centrex) Line Splitting Parity with retail RES &96.5%Diagnostic BUS POTS Loop Splitting 'v'co Diagnostic DiaQnostic Diagnostic Line Shanng Parity with retail RES &96.5%Diagnostic BUS POTS Sub-Loop UnbundlinQ DiaQnostic Diaanostic DiaQnostic Unbundled Loops: Analog Loop Panty with retail Res &96.5%Diagnostic Bus POTS with dispatch Non-loaded Loop (2-Parity with retail ISDN 96.5%Diagnostic wire)BRI (desianed). Non-loaded Loop (4-Panty with retail DS1 96.5%Diagnostic wire) DS1-caoable Loop Panty with retail DS1 96.5%Diaanostic xDSL-1 capable Loop Parity with retail DS1 96.5%Diagnostic Pnvate Line ISDN-capable Loo Parity with retail ISDN 96.5%Diagnostic BRI (desiQned) ADSL-qualifed Loop Parity with retail ISDN 96.5%Diagnostic BRI (designed) Loop types of DS3 and Panty with retail DS3 96.5%Diagnostic higher bit-rates and higher bit-rate (aggregate)services (aggreQate) Dark Fiber - Loop Diaanostic Diagnostic DiaQnostic Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 43 op- 5 - New Service Qualitv (continued).Enhanced Extended Loops Diagnostic unti volume 96.5%Diagnostic (EELs) - (DSO level)cnteria are met .Enhanced Extended Loops Panty with retail DS1 96.5%Diagnostic (EELs) - (DS1 level)Private Line.Enhanced Extended Loops Diagnostic unti volume 96.5%Diagnostic (EELs) - (above DS1 cntena are met levell ReDorted under Op.5A and under OP-5R (DAr OP-5A SOl cifcaions): IOP.5A OP-5R.LIS Trunks Parity with Feature Diagnostic GrouP 0 (aaareaate) Unbundled Dedicated Interoffce Transport (UDIT) UDIT (DS1 Level)Parity with Retail Private Diagnostic Lines lDS1) UDIT (Above DS1 Level)Parity with Retail Private Diagnostic Lines (Above OS 1 level) Dark Fiber - IOF Diaanostic Diaanostic.E911/911 Trunks Parity with Retail Diagnostic E911/911 Trunks Availabilty:Notes: 1.The specied Change order tys representing inward activity exclude Change Available orders that do not involve installati of lines (in both wholesale and retail results). Specifcally this measurement doe not include changes to existing lines, such as number changes and PiC changes. 2.Including consideratin of repeat repair truble report (i.e., additional reports of trouble related to the same newl-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.Qwesls repair management and tracking systems consist of WFA (Work Force Administration), MTAS (Maintenance Tracking and Administration System), and successor repair systems, if any, as applicable to obtain the repair report data for this measurement. Not included are cali Center Database systems supprting call centers in logging calls from customer rearding problems or other inquiries (see OP-5B and OP-5T). 4.The "following month" includes also th peri of a few business days (typically four or five) afterward. up to th time whn Owst pulls the repair data to begin processing results for this measurement. 5.Includes repair and prvisioning trble reports generated by new processes that supersede or supplemnt existing prosss for submiting repair and provisioning trouble reports as spec in Qwts documented or agreed upon procedures. 6.For purpses of calculating OP-5B, a call center ticket for multiple orders with provisioning trouble reports will result in all orders reporting trouble counting as a miss in OP-5B. If a repair trouble report(s) is received for the same orders, the number of orders counted as a miss in OP-5B for Network reasons 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 bein at the time CLECs order the prouct, in any quantity, for three consecutive months. . . Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 44 . . . . OP-6 - Delayed Days Purpose: Evaluates the extent Qwest is late in installng services for customers, focusing on the average number of davs that late orders are completed bevond the committed due date. Description: OP-6A - Measures the average number of business days NOTE 1 that service is delayed beyond the Applicable Due Date for non-facility reasons attributed to Qwes!. . Includes all inward orders (Change, New, and Transfer order types) that are completed/closed during the reporting period, 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 facility reasons attnbuted to Qwes!. . Includes all inward orders (Change, New, and Transfer order types) that are cor¡pleted/closed during the reporting period later due to facilty reasons than the onginal due date recorded by Qwest, subject to exclusions specified below. For both OP-6A and OP-6B: . Change order types for additonal lines consist of "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 revise due date, subject to the following: If Qwest changes a due date for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that is (a) subsequent to the onginal due date and (b) prior to a Qwest-initated, changed due date, if any. NOTE 2 . Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest Qwest- initiated due date, if any, following the Applicable Due Date, from the subsequent customer-initated due date, if anv. NOTE 2Reporting 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 orders individual CLEC involving: and Qwest Retail 1. Dispatches within MSAs; results 2. Dispatches Outside MSAs; and 3. No dispatches. . Results for products/services listed in Product Reporting under "Zone-type Disaggregation" wil be disaggregated according to installations: 4. In Interval Zone 1 areas; and 5. In Interval Zone 2 areas. Formula: OP-6A = ¿((Actual Completion Date of late order for non-faciliy 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-facilty reasons completed in the reporting period) OP-6B = ¿((Actual Completion Date of late order for facility reasons) - (Applicable Due Date of late order)) - (Time intervals associated with customer-initated due date changes or delays occurnng after the Applicable Due Date) .. (Total Number of Late Orders for facilty reasons completed in the reporting period) Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 45 op- 6 - Delaved Davs '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 typs..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 Reoortina:I Standards: MSA.TvDe Disaaareaation .I.Resale Residential sinale line service Pari tv with retail service Business single line service Pari tv with retail service Centrex Pari tv wit retail servce Centrex 21 Pari tv wi retil service DSO (non-designed provisioning)Pari tv with retail service PBX Trunks (non-desianed orovisioning)Pari tv with retail service Primarv ISDN (non-designed provision ina) Paritv with retail service Basic ISDN (non-designed provisioning)Paritv with retail service.Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS).Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ).Unbundled Network Element- Platform Parity with retail Centrx (UNE-P) (Centrex).Line SpliUing Parity with retail Res and Bus POTS.Loop Splillng NU I" 3 Diagnostic.Line Sharing Parity with retail Res and Bus POTS.Sub-Loop Unbundlina Diagnostic Zone.tnø Disannrenation ..Resale Primarv ISDN (desianed orovisionina)Paritv wi retail service Basic ISDN (designed provisioning)Pari with retail service.DSO (desianed orovisioning)Paritv with retail service DS1 Paritv with retail service PBX Trunks (desianed provisioning)Paritv 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 Paritv wi retail OS 1 Private Line- Service UDIT - Above OS 1 level Pari with retail Private Line- Services above OS 1 level Dark Fiber - IOF Diagnostic.Unbundled Loops: Analoo Looo Paritv with retail Res and Bus POTS with dispatch Non-loaded Loop (2-wire)Paritv with retail ISDN BRI (designed) Non-loaded Loop (4-wire)Pariy with retail OS 1 Priate Line DS1-capable Loop Parity with retail DS1 Priate Line xDSL-1 capable Loop Parity with retail ISDN BRI (desianed) ISDN-caoable Looo Paritv with retail ISDN BRI (desianed) ADSL-Qualified Loop Paritv with retail ISDN BRI (designed) Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (aggregate)Line services (aaareaate) . . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 46 . . . . op. 6 - Delaved Davs (continued) 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 OP-6A: Parity with retail DS1 Private Line level)OP-6B: Diagnostic.Enhanced Extended Loops (EELs) - (DS3 Diagnostic 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 products under OP-6A-3 and OP-6B-3, and for all products under OP-6A-1, -6A-2, -6A-4, -6A-5, -6B-1, -6B-2,- 6B-4, and -6B-5, Saturday is counted as a business day when the service order is due or completed on Saturday. 2.According to this definition, the Applicable Due Date can change, per successive customer-initiated due date changes or delays, up to the point when a Qwest-initiated due date change occurs. At that point, the Applicable Due Date becomes fixed (Le., with no furter changes) as the date on which it was set prior to the first Qwest-initiated due date change, if any. Following the first Qwest-initiated due date change, any further customer-initiated due date changes or delays are measured as time intervals that are subtracted as indicated in the formula. These delay time intervals are calculated as stated in the description. (Though infrequent, in cases where multiple Qwest- initiated due date changes occur, the stated method for calculating delay intervals is applied to each pair of Qwest-initiated due date change and subsequent customer-initiated due date change or delay. The intervals thus calculated from each pairing of Qwest and customer-initiated due dates are summed and then subtracted as indicated in the formula.) The result of this approach is that Qwest- initiated impacts on intervals are counted in the reported interval, and customer-initiated impacts on intervals are not counted in the reported intervaL. 3.Reporting will begin at the time CLECs order the product, in any auantitv, for three consecutive months. Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 47 OP-7 - Coordinated "Hot Cut" Interval - Unbundled Loop .Purpose: Evaluates the duration of completing coordinated "hot cuts" of unbundled lo, focusing on the time actuallv involved in disconneetina the 1000 from the Owst netwrk and conecinaltestina the 1000. Description: Measures the average time to complete coordinated "hot cut" for unbundled loops, based on intervals beginning with the "lift" time and ending with the completion time of Owesl's applicable tests for the loop..Includes all cordinated 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 Owesl's switch/frames to the CLEC's equipment, via unbundled loops, that will serve the customers.."Lift" time is defined as when Owest disconnects the existing loop.."Completion time" is defined as when Owest completes the applicable tests after connecting the 1000 to the CLEC. Reporting Period: One month I Unit of Measure: Hours and Minutes Reporting Comparisons: CLEC I Disaggregation Reporting: Statewie level. aggregate and individual CLEC results Formula: I(Completion time - Lift time) + (Total Number of unbundle 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 startstoD dates/times or invalid scheduled dateltimes. Product Reporting: Coordinated Unbundle Standard: Loops - Reported separately for:CO: 1 hour.Analo Loops All Oter States: Diagnostic in light of OP-13.All other Loop Types (Coordinated Cuts On Time) Availability:Notes: Available . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 48 . . . . OP-8 - Number Portabilty Timeliness Purpose: Evaluates the timeliness of cutovers of local number portabilty (LNP). Description: OP-8B-LNP Timeliness with Loop Coordination (percent): Measures the percentage of coordinated LNP triggers set prior to the scheduled start time for the loop..All orders for LNP coordinated with unbundled loops that are completed/closed during the reporting period are measured, subject to exclusions specifed below. OP-8C-LNP Timeliness without Loop Coordination (percent): Measures the percentage of LNP triggers set prior to the Frame Due Time or scheduled start time for the LNP cutover as applicable..All orders for LNP for which coordination with a loop was not requested that are completed/closed during the reporting period are measured (including standalone LNP coordinated with other than Qwest-provided Unbundled Loops and non-coordinated, standalone LNP), subject to exclusions specifed below..For purposes of these measurements (OP-8B and -8C), "trigger" refers to the "10-digit unconditional trigger" or Line Side Attribute (LSA) that is set or translated by Qwest.."Scheduled start time" is defined as the confirmed appointment time (as stated on the FOC), or a newly negotiated time. In the case of LNP cutovers coordinated with loops, the scheduled time used in this measurement 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) + (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) + (Total Number of LNP activations without loop cutovers completed)) x 100 Exclusions:.CLEC-caused delays in trigger settng..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 capabilities.-Records with invalid due dates, application dates, or start dates.-Records with invalid completion dates.-Records missing data essential to the calculation of the measurement per the PID.-Invalid startstop dates/times or invalid frame due or scheduled date/times. Product Reporting: None Standard:95% Availabilty:Notes: Available Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 49 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 aooroval. Description: · Includes all LSRs for coordinated cuts of unbundled loops that are completedcled during the reporting period, subject to exclusions specified below. · OP-13A - Measures the percentage of LSRs (CLEC orders) for all cordinated cuts of unbundled loops that are started and completed on time. For cordinated loop cuts to be counted as "on time" in this measurement, the CLEC must agree to the start time, and Owst must (1) receive verbal CLEC approval before starting the cut or liftng the loo, (2) coplete the physical work and appropriate tests, (3) complete the Qwest portion of any assoiated LNP orers 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 ty of lops involved in the cut and is calculated by adding the applicable time interal 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 Hours9 to 11 lines: 3 Hours12 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 notifes the CLEC that the awt physical work and the appropriate tests have been successfully accomplishe, including the Qwst portion of any coordinated LNP orders. . Time intervals following the scheduled start time or during the cutover prss associated with customer-caused delays are subtracted from the actual cuover duration. · Where Qwesls records of completed coordinated cut transactions are missing evidence of CLEC aooroval of the cutover, the cut wil be conted as a miss under both OP-13A and OP-13B.Reporting Period: One month I Unit of Measure: Percent Reporting Comparisons: CLEC Disaggregation Reportng: Statewie level. aggregate and individual CLEC Results for this measurement will be reported according to:results OP-13A Cuts Completed On Time OP-13B Cuts Started Without CLEC AoOroval . . Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 50 . . . . 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 startstop dates/times or invalid scheduled date/times..Projects involving 25 or more lines. Product Reporting: Coordinated Unbundled Standards: Loops - Reported separately for:OP-13A:.Analog Loops AZ: 90 Percent or more.All Other Loops All Other States: 95 Percent or more OP-13B:Diagnostic Availabilty:Notes: Available Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 51 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 pending orders are delaved cast the Applicable Due Date, as of the end of the reportno oeriod. 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 tyes) for which the Applicable Due Date recorded by Owest has been missed, subject to exclusions specifed 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 delaye 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 tal subsequent to the original due date and (b) prior to a Owest-initiated, change due date, if any. NOTE.Time interals 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 subsuent customer-initiated due date, if any. NOTE 1 OP-15B - Reports the number of pending orders measure in the numerator of OP-15A that were delayed for Owest facilty reasons. Reporting Period: One month I Unit of Measure: OP-15A - Average Business Days NOTE 2 OP-15B - Number of orders pendinQ facilties Reporting Comparisons: I Disaggregation Reporting: CLEC aggregate, individual CLEC, Owest retail Statewide Formula: OP-15A = L:((Last Day of Reporting Period) - (Applicable Due Date of Late Pending Ordr) - (Time intervals associated with customer-initiated due date changes or delays ocurrng 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 facility reasons Exclusions: .. Disconnect, From (another form of disconnect) and Recrd order tyes. · Records involving offcial company services. . Records with invalid due dates or application dates. . Records with invalid product codes. · Records missino data essential to the calculation of the measurement per the PID. . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 52 . . . . OP-15 -Interval for Pending Orders Delayed Past Due Date (continued) Product Reporting:Standards: OP-15B = diagnostic only ForOP-15A:.Resale Residential sinQle line service DiaQnostic Exoectation: Paritv with retail service Business sinale line service Diaanostic Exoectation: Parity with retail service Centrex Diaanostic Exoectation: Parity with retail service Centex 21 DiaQnostic Exoectation: Parity with retail service PBX Trunk DiaQnostic Expectation: Parity with retail service) Basic ISDN Diaanostic Exoectation: Parity with retail service Primary ISDN Diaanostic Expectation: Parity with retail service) DSO DiaQnostic Exoetation: Parity with retail service) DS1 Diaanostic Exoectation: Parity with retail service) DS3 and higher bit-rate services Diagnostic (Expectation: Parity with retail service) (aQQreQate) Frame Relay DiaQnostic (Expectation: Parity with retail service).Unbundled Network Element - Platform Diagnostic (Expectation: Parity with retail service) (UNE-P) (POTS).Unbundled Network Element - Platform Diagnostic (Expectation: Parity with retail Centrex 21) (UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Diagnostic (Expectation: Parity with retail Centrex) (UNE-P) (Centrex).Line Splitting Diagnostic (Expectation: Parity with retail Res and Bus POTSl.Loop Splittina NUlt s Diagnostic .Line Sharing Diagnostic (Expecation: Parity with retail Res and Bus POTS) .Sub-Loop UnbundlinQ Diagnostic.LIS Trunks Diagnostic (Expectation: Parity with Feature Group D (aQQreiate)) (separatelv reported).Unbundled Dedicated Interoffce Transport (UDIT) UDIT - DS11evei Diagnostic (Expecation: Parity with DS1 Private Line- Service). UDIT - Above DS1 level Diagnostic (Expectation: Parity with Private Line- Services above DS1 level) Dark Fiber - IOF Diaanostic.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 ldesianed)l Non-loaded Looo (4-wire)Diaanostic (Exoectation: Parity with retail DS 1 ) DS1-capable Loop DiaQnostic (Expectation: Parity with retail DS1l ISDN-capable Loop Diagnostic (Expectation: Parity with ISDN BRI (desianed)) ADSL-qualified Loop Diagnostic (Expectation: Parity with retail ISDN BRI (desianed)) Loop types of DS3 or higher bit rate Diagnostic (Expectation: Parity with retail DS3 and (aQQreQate)hiaher bit-rate services (aaareiate) Dark Fiber - Loop Diaanostic.E911/911 Trunks Diagnostic (Expectation: Parity with retail E911/911 Trunks).Enhanced Extended Looos (EELs)Diagnostic Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 53 Availability: Available OP-15 -Interval for Pending Orders Delayed Past Due Date (continued) 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 ocrs. At that point, the Applicable Due Date bemes fixed (i.e., with no further changes) as the date on which it was set prior to the first Qwst-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 multple Qwest- initiated due date changes ocur, 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-initated 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 customr-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 Residenc, Resale Busine, and UNE-P (POTS), as well as for non-dispatched orders in the retail analogues spcifed above as standards. For all other no-dispatched proucts and for all dispatched products under OP-15A, Saturdy is not counted as a business day. 3. Reporting will bein at the time ClECs order the prouct, in any quantity, for thre conseutive months. . . Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 54 . . . . OP-17 - Timeliness of Disconnects associated with LNP Orders Purpose: Evaluates the quality of Owest completing LNP telephone number porting, focusing on the degree to which portina occurs without implementina 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 Owest before the scheduled time/date, as identifed 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 Owest 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 Owest before 8:00 p.m. MT on the current due date of the LNP order recorded by Owest. 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 Owest before the scheduled time/date, as identified by associated qualifyng 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 Owest after 8:00 p.m. MT on the current due date of the LNP order recorded by Owest 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 10-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 Owest 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 qualifyng trouble reports notifying Owest that disconnection before the schedule time has occurred) + Total Number of LNP TNs ported pursuant to orders completed in the reporting period) x 100 Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 55 OP-17 - Timeliness of Disconnects associated with LNP Orders (continued) Exclusions: OP-17Aonly.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 implementatio. Op.17A & B.Trouble reports not related to valid requests (LSRs) for LNP and assoiated 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 untimelv. Availabilty:Notes: Available . . QwestWashington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 56 . . . . Maintenance and Repair MR-2 - Calls Answered within 20 Seconds - Interconnect Repair Center Purpose: Evaluates Customer access to Owests Interconnection and/or Retail Repair Center(s), focusing on the number of calls answered within 20 seconds. Description: Measures the percentage of Interconnection and/or Retail Repair Center calls answered within 20 seconds of the first ring..Includes all calls to the Interconnect Repair Center during the reporting period, subject to exclusions specified below..First ring is. defined as when the customer's call is first placed in queue by the ACD (Automatic Call Distributor)..Answer is defined as when the call is first picked up by the Owest agent..Abandoned calls and busy calls are counted as calls which are not answered within 20 seconds. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: ClEC aggregate and Disaggregation Reporting: Region-wide leveL. Owest 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 Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 57 MR-3 - Out of Service Cleared within 24 Hours Purpose: Evaluates timeliness of repair for specified services, focusing on trouble reports where the out-of- service trouble reports were cleared within the standard estimate for specified services (i.e., 24 hours for out-of-service conditions). Description: Measures the percentage of out of service trouble repor, involving speified 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 reporng period, which involve a specified service that is out-of-service (i.e., unable to place or reive calls), subjec to exclusions specifed below. . Time measured is from date and time that Qwst 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: Statewie 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 Qwest Retail MR-3A Dispatches within MSAs; results MR-3B Dispatches outside MSAs; and MR-3C No dispatches. · Results for productsservices listed in Product Reporting under "Zone-typ Disaggregation" will be disaggreated according to trouble repos involving: MR-3D In Interval Zone 1 areas; and MR-3E In Interval Zone 2 areas. . Formula: ((Number of Out of Service Trouble Repos closed in the repong perod that are cleared within 24 hours)., (Total Number of Out of Service Trouble Repos closed in the reportng peri)) x 100 Exclusions: · Trouble reports coded as follows: - For products measured from MTAS data (proucts listed for MSA-type disaggregation), trouble reports coed to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider). - For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coed to trouble coes for Carrer Acton (lEG) and Customer Provided Equipment (CPE). . Subsequent trouble report of any trouble before the original trouble report is closed. . Information tickets generated for internal Qwst system/netwrk monitorng purpses. . Time delays due to "no access" are excluded frm repair time for products/service listed in Product Reporting under "Zone-type Disaggreation". . For products measured from MTAS data (products listed for MSA-typ disaggregation), trouble reports involving a "no accss' 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 missinG data essential to the calculation of the measurement Der the PID. . Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 58 . . . . MR-3 - Out of Service Cleared within 24 Hours (Continued) Product Reporting:Standards: MSA-Tvoe Disaaareaation -I , .Resale Residential sinQle 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 Paritv with retail service Basic ISDN Parity with retail service.Unbundled Network Element - Platfonn Parity with appropriate retail service (UNE-P) (POTS).Unbundled Network Element - Platfonn Parity with retail Centrex 21 (UNE-P) (Centrex 21 ).Unbundled Network Element - Platfonn Parity with retail Centrex (UNE-P) (Centrex) ..Line SplittinQ Parity with retail RES and BUS POTS.Loop SplittnQ "'v, ~Diagnostic .Line Sharing Parity with retail RES and BUS POTS .Sub-Loop Unbundling CO: Parity with retail ISDN-BRI All Other States: DiaQnostic Zone-tvoe Disaaareaation ..Unbundled Loops Analoa Looo Paritv with retail Res and Bus POTS Non-loaded Loop (2 wire)Parity with retailISDN-BRI (desiQned) xDSL-1 capable Loop Parity with retail DS1 Private Line ISDN-capable Loop Parity with ISDN-BRI (desiQned) ADSL-qualifed Loop Parity with retaillSDN-BRI (desiQned) Availabilit:Notes: Available 1.Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 59 MR-4 - All Troubles Cleared within 48 hours Purpose: Evaluates timeliness of repair for specifed services, focusing on trouble reports of all typs (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-affectina 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 specifed 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 productseric listed in Product Repoing under "MSA-Type CLEC aggregate, Disaggregation" will be disaggreated 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 pe 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 coed to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Owest (includes CPE. Customer Instruction, Carrer, Alternate Provider). - For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrer 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 accss" are excluded from repair time for products/services listed in Product Reporting under "Zone-type Disaggreation". · For products measured from MTAS data (proucts listed for MSA-ty disaggregation), trouble reports involving a "no access. delay. · Trouble reports on the day of installation before the installation work is reported by the technicianlinstaller as complete. . Records involving offcial company services. . Records with invalid trouble receipt dates. . Records with invalid cleared or closed dates. . Records with invalid product codes. · Records missini: data essential to the calculation of the measurement oer the PID. . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 60 . . . . MR-4 - All Troubles Cleared within 48 Hours (Continued) Product Reporting:Standards: MSA"Tvoe Disaaareaation -.Resale Residential single line serviæ Parity with retail service Business sinqle line service Parity with retail service Centrex Parity with retail service Centrex 21 Paritv with retail service PBX Trunks Parity with retail service Basic ISDN Parity with retail service.Unbundled Network Element - Platform Parity with appropriate retail service (UNE-P) (POTS).Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex).Line Splittng Parity with retail RES and BUS POTS.Loop Splitting NUl" 1 Diagnostic .Line Sharinq Parity with retail RES and BUS POTS.Sub-Loop Unbundlinq Diagnostic Zone-TvDe Disaaareaation -.Unbundled Loops: Analoq Loop Parity with retail Res and Bus POTS Non-loaded Loop (2 wire)Paritv with retailISDN-BRI (desiqned) xDSL-1 capable Loop Parity with retail DS 1 Private Line ISDN-capable Loop Paritv with retailISDN-BRI (desiqned) ADSL-qualified Loop Parity with retailISDN-BRI (designed) Availability:Notes: Available 1.Reporting wil begin at the time CLECs order the product, in any quantity, for three consecutive months. Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 61 MR-5 - All Troubles Cleared within 4 hours .Purpose: Evaluates timeliness of repair for specified serices, focusing on all trouble reports of all types (including out of service and service affectg troubles) and on the number of such trouble repos cleared within the standard estimate for specied services li.e., 4 hours). Description: Measures the percentage of trouble reports for specified services that are cleared within 4 hours of receipt of trouble reports from CLECs or from retail customers..Includes all trouble reports, closed during the reporting period, which involve a specified service, subject to exclusions specified below..Time measured is from date and time that Owest is first notifed of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month Unit of Measure: Percet Reporting Comparisons:Disaggregation Reportng: Statewe level. CLEC aggregate, individual Results for listed product will be disagreated accrding to trouble CLEC and Owest Retail results reports: MR-5A In Interval Zone 1 areas; and MR-5B In Interval Zone 2 areas. Formula: ((Number of Trouble Reports closed in the reporting period that are cleared within 4 hours) + (Total Trouble Reports closed in the reporting period)) x 100 Exclusions:.Trouble reports coded as follows:-For products measured using WFA (Workforce Administration) data (proucts listed for Zone- type disaggregation) trouble reports coed to trouble cos for Carrer Action (IEC) and Customer Provided Equipment (CPE)..Subsequent trouble report of any trouble befor the orginal trouble report is clos..Information tickets generated for internal Owst system/network monitoring purpses..Time delays due to "no access' are excluded fr repair time..Trouble reports on the day of installatin 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 Der the PID. . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15,2008 Page 62 . . . . MR-5 - All Troubles Cleared within 4 hours (continued) Product Reporting:Standards: Zone-TvDe Disaaareaation -I.Resale Primary ISDN Paritv with retail service DSO Paritv with retail service DS1 Parity with retail service DS3 and higher bit-rate services Parity with retail service (aaareaate) Frame Relay Parity with retail service.LIS Trimks Parity with Feature Group D (aggregate).Unbundled Dedicated Interoffce TransDòrt (UDIT UDIT - DS11evei Parity with DS 1 Private Line Service UDIT - Above DS1 level Paritv with Private Line Services above DS1 level.Unbundled Looos: Non-loaded Looo (4-wire)Paritv with retail DS1 DS1-caoable Looo Parity with retail DS1 Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services (aaareaate)(aQQreçate).E911/911 Trunks Parity with retail E911/911 Trunks.Enhanced Extended Loops (EELs) - (DSO Diagnostic leven ..Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS 1 Private Line level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Availability:Notes: Available Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 63 MR-6 - Mean Time to Restore Purpose: Evaluates timeliness of repair, focusino how lono 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 repoing period, subject to exclusions specifed below. · Includes customer direct reports, customer-relayed report, 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" will be reported acrding to truble repor involving: individual CLEC MR-6A Dispatches within MSAs; and Owest Retail MR-6B Dispatches outside MSAs; and results MR-6C No dispatches. · Results for productsservices listed in Prouct Reporting under "Zone-type Disaggregation" will be disaggreted 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 Troble 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 Actio; No-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch. non-Owst (includes CPE, Customer Instruction, Carrier, Alternate Provider). - For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coed to trouble cods for Carrer Acton (IEC) and Customer Provided Equipment (CPE). · Subsequent trouble reports of any trouble before the orinal truble report is closed. . Trouble reports from MTAS or WFA that are coed as No Trobl Found or Test Okay and with durations of less than or equal to 1 hour. . Information tickets generated for internal Owest system/netw 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 missina data essential to the calculation of the measurement per the PID. . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 64 . . . . MR-6 - Mean Time to Restore (Continued) Product Reporting:I Standards: MSA-Tvne Disaanrenation -.Resale Residential sinale line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service PBX Trunks Parity with retail service Basic ISDN Parity with retail service.Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS). .Unbundled Network Element- Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ) . Unbundled Network Element - Platform Parity with retail Centrex (UNE-P) (Centrex).Line Solittna Parity with retail RES and BUS POTS.Loon Solittina NUllo 1 Diagnostic.Line Sharing Parity with retail RES and BUS POTS .Sub-Loop Unbundling CO: Parity with retaillSDN-BRI All Other States: Diagnostic Zone-Tvna Disaaareaation ..Resale Primary ISDN Parity with retail service DSO Parity with retail service DS1 Parity with retail service DS3and higher bit-rate services Parity with retail service (aaareaate )- Frame Relav Parity with retail service.LIS Trunks Parity with Feature Group D (aggregate).Unbundled Dedicated Interoffce Transoort (UDIT) UDIT - DS11evei I Parity with retail DS1 Private Line UDIT -Above DS11evei I Parity with retail Private Lines above DS1 level Dark Fiber - 10F I Diaanostic.Unbundled Looos: Analog Loop Parity with retail Res and Bus POTS Non-loaded LoaD (2-wire)Parity with retail ISDN BRI (designed) Non-loaded Loop (4-wire)Parity with retail OS 1 Private Line DS1-caoable LoaD Parity with retail DS1 Private Line xDSL-1 capable LoaD Parity with retail DS1 Private Line ISDN-caoable Looo Parity with retail ISDN BRI (designed) ADSL-aualifed Looo 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 (aggreaate) Dark Fiber - LoaD Diagnostic.E911/911 Trunks Parity with retail E911/911 Trunks.Enhanced Extended Loops (EELs) - (DSO Diagnostic level).Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15,2008 Page 65 MR-6 - Mean Time to Restore (Continued)Av;ijJ;ibilty: Notes: Available 1. Reporting will begin at the time CLECs order the product, in any quantiy, for three consective months. . . Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 66 . . . . 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 specified period (30 calendar davs). Description: Measures the percentage of trouble reports that are repeated within 30 days on end user lines and circuits. . Includes all trouble reports closed during the reporting period that have a repeated trouble report received within thirty (30) days of the initial trouble report for the same service (regardless of whether the report is about the same type of trouble for that service), subject to exclusions specified below. . In determining same service Qwest wil compare the end user telephone number or circuit access code of the initial trouble reports closed during the reporting peri with reports received within 30 days of when the initial trouble report closed. . Includes reports due to Qwest network or system causes, customer-direct and customer-relayed reports. . The 30-day period applied in the numerator of the formula below is from the date and time that the initial trouble report is closed to the date and time that the next, or "repeat" trouble report is received (i.e., opened). Reporting Period: One month, reported in Unit of Measure: Percent arrears (i.e.. results first appear in reports one month later than results for measurements that are not reported in arrears), in order to cover the 3D-dav period following the initial trouble report. Reporting Disaggregation Reporting: Statewide level. Comparisons: . Results for product/services listed in Product Reporting under "MSA-Type CLEC Disaggregation" wil be reported according to trouble reports involving: aggregate, MR-7A Dispatches within MSAs; individual MR-7B Dispatches outside MSAs; andCLEC and MR-7C No dispatches. Qwest Retail . Results for products/services listed in Product Reporting under "Zone-type results Disaggregation" 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)lx 100 Exclusions: . Trouble reports coded as follows: - For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider). - For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded. to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). . Subsequent trouble reports of any trouble before the original trouble report is closed. . Information tickets generated for internal Qwest system/network monitoring purposes. . Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. . Records involving offcial company services. . Records with invalid trouble receipt dates. Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 67 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 ReDortina:I Standards: MSA-Tvoe Disaaareaation-I.Resale Residential sinale line service Parity with retail service Business sinale line service Paritv with retail service Centrex Parity with retail servic Centrex 21 Parity with retail servic PBX Trunks Pariv with retail service Basic ISDN Parity with retail servic.Unbundled Netwrk Element - Platform Parity with like retail service lUNE-P) (POTS) . Unbundled Network Element - Platform Pari wih retail centrex 21 lUNE-P) (Centrex 21 ).Unbundled Network Element - Platform (UNE-Parity with retail centrex P) (Centrex).Line Splitting Parity with retail Res and Bus POTS .Loop Splittng NUJE Diagnostic .Line Sharing AZ & CO: Parity wih retail Res and Bus POTS All Oter States: Diagnostic Comparison with retail Res and Bus POTS.Sub-Loop Unbundling CO: Pari wi Retail ISDN-BRI All Oter States: Diaanotic Zone-Tune Disaaareaation -.Resale PrimarY ISDN Pariy with retail servic DSO Parity with retail servic DS1 Pariy with retail servic DS3 and higher bit-rate services Parity with retail service (aaareaate) Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group 0 (aggregate).Unbundled Dedicated Interoffce Transoort (UDIT) UDIT - OS 1 level I Parity with retail OS 1 Private Line UDIT - Above DS1 level I Paritv with retail Private Lines above DS1 level Dark Fiber - 10F I DiaQnostic.Unbundled LOODS: Analoa Loop Paritv with retail Res and Bus POTS Non-loaded Loop l2-wire)Parity with retail ISDN BRI ldesiQned) Non-loaded Loop (4-wire)Parity with retail OS 1 Private Line DS1-capable Loop Paritv with retail DS1 Private Line xDSL-1 capable Loop Pariy with retail DS1 Private Line ISDN-capable Loop Pari with retail ISDN BRI (desianed) ADSL-aualified Loop Parity with retail ISDN BRI ldesiQned) Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (aaareaate)Line services (aQQreQate) Dark Fiber - Loop Diaanostic.E911/911 Trunks Parity with retail E911/911 Trunks . . Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 68 . . . . MR-7 - Repair Repeat Report Rate (Continued) .Enhanced Extended Loops (EELs) - (DSO Diagnostic levell.Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Availability:Notes: Targeted availabilty with July 2004 1.Reporting will begin at the time GLEGs order results reported in September 2004 the product, in any quantity, for three consecutive months. Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 69 MR-8 - Trouble Rate .Purpose: Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or element. Description: Measures trouble reports by product and compares them to the number of lines in service..Includes all trouble reports closed during the reporting period, subject to exclusions specified below..Includes all applicable trouble reports, including those that are out of service and those that are onlv service-affectino. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate,Disaggregtion Reporting: Statewide leveL. individual CLEC and Owest Retail results Formula: ((Total number of trouble reports closed in the reporting period involvng the spe service grouping) + (Total number of the specified services that are in seice in the rerting period)) x 100 Exclusions:.Trouble reports coded as follows:-For products measured from MTAS data, trble reprts co to dispoition codes for: Customer Action; Non-Telco Plant; Trouble Beyod th Netwrk Interace; and Miscllaneous - Non-Dispatch, non-Owest (includes CPE, Customr Instctn, Carrer, Alternate Provider).-For products measured from WFA data trouble report coed to trble coes 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/netwrk 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..Records with invalid cleared or closed dates..Records with invalid product coes..Records missinçi data essential to the calculation of the measurement oer the PID.. Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 70 . . . . MR-8 - Trouble Rate (continued) Product Reporting:Standards: .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 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 (aaareaate) Frame Relay Parity with retail service.Unbundled Network Element - Platform Parity with like retail service (UNE-P) (POTS).Unbundled Network Element - Platform Parity with retail Centrex 21 (UNE-P) (Centrex 21 ).Unbundled Network Element -Parity with retail Centrex Platform(UNE-P) (Centrex).Line Splitting Parity with retail RES and BUS POTS.Loop Splittng NU i to Diagnostic.Line Sharing Parity with retail RES and BUS POTS .Sub-Loop Unbundling CO: Parity with retail ISDN-BRI All Other States: Diaanostic.LIS Trunks Parity with Feature Group 0 (aggregate).Unbundled Dedicated Interoffce TransDort (UDIT) UDIT - DS11evei I Parity with retail OS 1 Private Line Service UDIT - AbOve DS1 level I Parity with retail Private Lines above DS1 level Dark Fiber - 10F IDiaanostic.Unbundled LOODS: Analog Loop Parity with retail Res and Bus POTS Non-loaded LOOD (2-wire)Parity with retail ISDN BRI (desianed) Non-loaded Loop (4-wire)Parity with retail DS1 Private Line DS1-caDable LOOD Parity with retail OS 1 Private Line xDSL -i capable Loop Parity with retail DS1 Private Line ISDN~caDable LOOD Parity with retail ISDN BRI(designed) ADSL-aualified Loop Parity with retail ISDN BRI(desianed) Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services (aggreQate)(aaareaate) Dark Fiber - LOOD Diagnostic.E911/911 Trunks Parity with retail E911/911 Trunks.Enhanced Extended Loops (EELs) - (DSO Diagnostic level).Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 71 MR-8 - Trouble Rate (continued) Availabilty: Available Notes: 1. Reporting will begin at the time CLECs order the product, in any quantity, for three consecutive months. . . Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 72 . . . . MR-9 - Repair Appointments Met . Purpose: Evaluates the extent to which Qwest repairs services for Customers by the appointment date and time. Description: Measures the percentage of trouble reports for which the appointment date and time is met..Includes all trouble reports closed during the reporting period, subject to exclusions specified below..Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month I Unit of Measure: Percent Reporting Disaggregation Reporting: Statewide leveL. Comparisons: CLEC Results for listed services wil be disaggregated and reported aggregate, individual according to trouble reports involving: CLEC and Qwest Retail MR-9A Dispatches within MSAs; results MR-9B Dispatches outside MSAs; and MR-9C No dispatches. Formula: ((Total Trouble Reports Cleared by appointment date and time) + (Total Trouble Reports Closed in the Reporting Period)) x 100 Exclusions:.Trouble reports coded as follows:-For products measured from MT AS data, trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non"Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider)..Subsequent trouble reports of any trouble before the original trouble report is closed..Information tickets generated for internal Qwest system/network monitoring purposes..Time delays due to "no access" are excluded from repair time by using the rescheduled appointment time to determine if the repair appointment is met..Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete..Records involving 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. Product Reporting:Standard: Parity Resale: Residential single line service Business single line service Centrex Centrex 21 PBX Trunks Basic ISDN Unbundled Elements - Platform (UNE-P) (POTS) Availabilty:Notes: Available Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 73 MR-10 - Customer and Non-Qest Related Trouble Reports .Purpose: Evaluates the extent that trouble reports were customer related, and provies 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 reporing period, subject to exclusions specified below. Includes trouble reports closed during the reporting period coed as follows:.For products measured from MTAS data, trouble reports coed 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 coed to trouble codes for Carrier Action (IEC) and Customer Provided Eauioment (CPEt Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggreate,Disaggregation Repoing: Statewide level. individual CLEC and Owest Retail results Formula: ((Number of Trouble Reports coed to disposition cos spefied 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 purpses..Records involving offcial company services..Records with invalid trouble recipt dates..Records with invalid cleared or close dates..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID:.Trouble reports on the day of installation before the installation work is reported by the technicianlinstaller as complete.. Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 74 . . . . MR-10 Customer and N.on-Qwest Related Trouble Reports (continued) Product ReDortina:I Standards:.Resale Residential sinale line service Diagnostic Business single line service Diagnostic Centrex Diagnostic Centrex 21 Diagnostic PBX Trunks Diagnostic Basic ISDN Diagnostic.Unbundled Network Element - Platfonn Diagnostic (UNE-P) (POTS).Unbundled Network Element - Platfonn Diagnostic (UNE-P) (Centrex 21 ).Unbundled Network Element - Platfonn Diagnostic (UNE-P) (Centrex).Resale Primarv ISDN Diagnostic DSO Diagnostic DS1 Diagnostic DS3 and higher bit-rate services Diagnostic (aggregate) Frame Relav Diagnostic.LIS Trunks Diagnostic.Unbundled Dedicated Interoffce Transport (UDIT) UDIT - DS11evei Diagnostic UDIT - Above DS1 level Diaanostic.Unbundled Looos: Analog Loop Diagnostic Non-loaded Looo (2-wire)Diagnostic Non-loaded Loop /4-wire)Diagnostic DS1-caoable Looo Diagnostic xDSL-1 capable Loop Diagnostic ISDN-caoable Loop Diagnostic ADSL-aualifed Looo Diaanostic Loop types of DS3 and higher bit-rates Diagnostic (aaareaate) .E911/911 Trunks Diagnostic Availabilty:Notes: Available Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 75 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 (i.e., not unbundled-loop), residence and business, out-of-service trouble report that are cleared within four business hours of awest 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 perio, subject to exclusions speifed below. MR-11 B: Measures the percentage of specifed LNP-only trouble reports that are cleared within 48 hours of awest 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 awest in response to CLEC/customer request for disconnection of service ported via LNP or, if CLEC submits to awest a timely or untimely request for delay of disconnection, it is the CLEC/customer-requested later date/time. . A request for delay of disconecton is considered timely if received by awest before 8:00 p.m. MT on the due date that awest has on rec at the time of th reuest. · A request for delay of discnnection 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 Disaggregaton 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 awest executed before the currently-scheduled due date/time, that were closed in the reporting peri and cleared within four business hours) + (Total Number of specifed out of service LNP-only Trouble Reports for LNP-related troubles confirmed to be caused by disconnects that Owst exected before the currently- scheduled due dateltime, that were closd in the reporting period)) x 100 MR-11 B = ((Number of specifed LNP-only Trouble Reports closed in the reporting period that were cleared within 48 hours) + (Total Number of specifed LNP-oly Trouble Reports closed in the reporting period)) x 100 . awest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 76 . . . . MR-11 - LNP Trouble Reports Cleared within Specified Timeframes (Continued) Exclusions: . Trouble reports attributed to customer or non-Qwest reasons . Trouble reports not related to valid requests (LSRs) for LNP and associated disconnects. . Subsequent trouble reports of LNP trouble before the original trouble report is closed. . For MR-11 B only: Trouble reports involving a "no acæss" delay. . Information tickets generated for internal Qwest 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 Der 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 reports': No more than 1 ticket cleared in :. four business hours - For:. 20 trouble reports': The lesser of 95% or Parity with MR-3C results for Retail Residenæ and Business MR-11B: . For 0-20 trouble reports": No more than 1 ticket cleared :. 48 hours . For:. 20 trouble reports": The lesser of 95% or Parity with MR-4C results for Retail Residenæ and Business , Based on MR-11A denominator. Availability: Available " Based on MR-11 B denominator. Notes: Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 77 Biling BI-1 - Time to Provide Recorded Usage Records . Purpose: Evaluates the timeliness with which Owest provides recorded dailv usaoe records to CLECs. Description: Measures the average time interval from date of recorded daily usage to date usage records are transmitted or made available to CLECs as applicable. BI-1A - Measures recorded daily usage for UNEs and Resale and includes indust~ standard electronically transmitted usage records for feature group switched access, N TE 1 local measured usage, local message usage, toll usage, and local exchange service components priced on a per-use basis, subject to exclusions speified below. BI-1 B - Measures the percent of recorded daily usage for Jontly provided switched access provided within four days.This includes usage created by the CLEC and Owest or IXC providing access, usually via 2-way Feature Group X trunk groups for Feature Group A, Feature Group B, Feature Group D, Phone to Phone IP Telephony, 8XX access, and 900 accss and their successors or similar Switched Access services. BI-1C - Provides separate reportng for two elements captured in BI-1A above, as follows:.BI-1 C-1 - Measures recorded daily usage for UNEs and Resale and includes industrY standard electronically transmitted usage records for feature group switched accss, NOTE 1 subject to exclusions specified below..BI-1 C-2 - Measures recorded daily usage for UNEs and Resale and includes industry standard electronically transmitted usage records for local measured usage,local message usage, toll usage, and local exchange service components pnced on a per-use basis, subiec to exclusions soecified below. Reporting Period: One month Unit of Measure: BI-1A, BI-1C-1, BI-1C-2: Avere Business Days BI-1B:Percent Reporting Comparisons: CLEC aggregate,Disaggregation Repoing: State level. individual CLECs, and Owest Retail results Formula: BI-1A, BI-1C-1, BI-1C-2 (for specified products & recrds) = L(Date Recrd Transmitted or made available - Date Usage Recorded) + (Total number of records) BI-1B = ((# of daily usage records for Jointly provided switched accss sent within four days) + (Total daily usage records for Jointly provided switched access in the report penod)) x 100 Exclusions:.Instances where the CLEC requests other than daily usage transmission or availabilty..Duolicate records. Product Reporting:Standards:.UNEs and Resale BI-1A: Panty with Owest retail..Jointly-provided Switched Access BI-1 B: 95% within 4 business days BI-1 C-1, BI-1 C-2: Diagnostic Companso with the Owt Retail results used in standard for BI-1A Availabilty:Notes: Available 1."Feature group switched access' includes all ty 110XX detail recds for Feature GrouDs A, B, C, and D. . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 78 . . . . 81-2 -Invoices Delivered within 10 Days Purpose: Evaluates the timeliness with which Owest delivers industry standard electronically transmitted bils to CLECs, focusinQ on the percent delivered within ten calendar days. Description: Measures the percentage of invoices that are delivered within ten days, based on the number of days between the bil date and bil delivery..Includes all industry standard electronically transmitted invoices for local exchange seNices 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) + (TotalNumber of Invoices)) x 100 Exclusions:.Bils transmitted via paper, magnetic tape, CD-ROM, diskette..Recòrds 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 Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 79 BI-3 - Billng Accuracy - Adjustments for Errors .Purpose: Evaluates the accuracy with which awest bills CLECs, focusing on the percentage of biled revenue adjusted due to errors. Description: Measures the biled revenue minus amounts adjusted off bils due to errrs, 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 errrs" is the sum of all bil adjustments made in the reporting period that involve, either in part or in total, adjustment codes related to biling errors. (Each adiustment thus Qualifvina is added to the sum in its entiretv.l Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: State leveL. individual CLECs, and awest Retail results Formula: (L(Total Biled Revenue Biled in Reporting Peri - Amonts Adjusted Off Bils Due to Errors) + (Total Biled Revenue biled in Reporting Peri)) x 100 Exclusions: . BI-3A - UNEs and Resale - None . BI-3B - Reciprocal Compensation Minutes of Use - Biling adjustments as a result of CLEC-cused errors in retum 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 . awest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 80 . . . . BI-4 - Billng 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 bil: 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 Reporing: Statewide level. individual CLECs, and Qwest Retail results Formula: BI-4A - UNEs and Resale = (L(Count of service orders with non-recurring and recurrng 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 recurring charges associated with completed service orders biled on the bil)) x 100 BI-4B - Reciprocal Compensation MOU = (L(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 - Reciprocal Compensation (MOU): 95% Availabilty:Notes: Available Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 81 Database Updates 08-1 - Time to Update Databases . Purpose: Evaluates the time reauired for updates to the databases of E911, L1DB, and Directorv Builder. Description:.Measures the average time required to update the databases of E911, L1DB, and Directory Builder..Includes all database updates as specified under Disaggreatin Reportng completed during the reporting period..For DB-1A the time to update the E911 database is provied 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 totallnQ the update times from individual E911 database update records. Reporting Period: One month Unit of Measure: E911 - Hrs: Mins. L1DB & Director Listings - SecondsReporting Comparisons:Disaggreation Repoing: DB-1 A - E911: Combined results for Owest Retail DB-1A:E911 for Owst Retail and Resellerand Reseller CLEC Aggregate;CLEC-tate levelDB-1 B - L1DB: Combined results for all Owst DB-1B:L1DB for Owest Retail, Reseller CLEC Retail, Reseller CLEC and Facilities Based CLEC and Facilities Based CLEC - Multi updates;state region-wide level DB-1C-1 - Listings: Combined results for all DB-1 C-1: Listings for all Provider types includingProvider types including Owest Retail, Reseller Owest Retail, Reseller CLEC, andCLEC, and Facilties Based CLEC, ILEC and Facilities Based CLEC, ILEC and Unknown Provider, Electronically Submitted,Unknown Provider, Electronically Electronically Processed updates. NOTE 1 Submitted, Electronically Processed- Sub-reion applicable to state Formula: !:((Date and Time of database update for each database update as specified under Disaggregation Reporting in the reporting period) - (Date and Time of submissions of data for entry into the database for each database update as specifed under Disaggreatio Repong in the reporting period)) + Total database updates as specified under Disaggregation Reping completed in the reportng period Exclusion:.Invalid starVstop dates/times. . Owest Washington SGAT Eighth Revision, Eighth Amnded Exhibit B June 15, 2008 Page 82 . . . . 06-1- Time to Update Databases (continued) Product Reporting:Standards: Not applicable (Reported by database type)DB-1A-E911: Parity by design DB-1B-LlDB: Parity by design DB-1 C-1 - Listings: Parity by design Availability:Notes: Available 1.Because they cannot be separated, results for Qwest Retail, Reseller CLEC, Facilties-based CLECs, ILEC and Unknown Provider updates are reported combined within these disaggregations. Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2006 Page 63 08-2 - Accurate Database Updates .Purpose: Evaluates the accuracy of database updates comnleted without errors in the rePOrtino period. Description:.Measures the percentage of database updates completed without errrs in the reporting period..Includes all database updates as specified under Disaggregatin Reporting copleted during the reportina period. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons:Disaggrgation Reporting: DB-ZC-1 Listings - Combined results for all DB-ZG-1. Listings for Owest Retail, Reseller Owest Retail, Reseller CLEC and Facilties-CLEC. and Facilites-Base CLEC Electonically Based CLEC Electronically Submitted,Submitted, Elecnically Processed updates: Electronically Processed updates Statewide Formula: (Total database updates as specifed under Disaggregation Reporting completed without errors in the reporting period + Total database updates as specifed under Disaggregation Reporting completed in the reporting period) x 100 Exclusions: Invalid startstop dates/times. Product Reporting:Standards: Not applicable (Reported by database type)DB-ZG-1 - Listings: Pariy by design NOTE 1 Availabilty:Notes: Available 1.Owt retail and Reseller CLECs are pari by design. Becuse Facilities-based CLEC Elecnically Submited, Electnically Processed cannot be separated out fr Reseller CLECs they are reported combined within this disaooreation.. Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, Z008 Page 84 . . . . Directory Assistance DA-1 - Speed of Answer - Directory Assistance Purpose: Evaluates timeliness of customer access to Owests Directory Assistance operators, focusing on how lona it takes for calls to be answered. Description: Measures the average time following first ring until a call is first picked up by the Owest agent/system to answer Directory Assistance calls..Includes all calls to Owest 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 pO-second snapshot), and this count is multplied by 10 to get a measurement of waitng intervals..Using this method, calls that enter the queue after a sample is taken but exit before the next sample is taken are not counted, i.e., are effectively counted as a zero intervaL. However, this situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling time, and which are counted as 10 seconds. The call intervals shorter than 10 seconds that are counted as 10 seconds are offset bv those calls shorter than 10 seconds that are not counted. Reporting Period: One month Unit of Measure: Seconds Reporting Comparisons: Results for Owest and Disaggregation Reporting: all CLECs are combined.Sub-region applicable to state Formula: ¿((Date and Time of Call Answer) - (Date and Time of First Ring)) + (Total Calls Answered by Center) Exclusions: Abandoned Calls are not included in the total number of calls answered by the center. Product Reporting: None Standard: Parity by design Availability:Notes: Available Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 85 Operator Services . OS-1 - Speed of Answer - Operator Services Purpose: Evaluates timeliness of customer access to Owests operator, focusing on how long it takes for calls to be answered. Description: Measures the time following first ring until a call is answered by the Owest agent..Includes all calls to Owests operator services during the reportng peri, subject to exclusions specified below..Measurements are taken by sampling calls from the network queue at 1Q-send intervals. A count of calls in the queue is taken for every sampling event (1Q-se snapshot), and this count is multiplied by 10 to get a measurement of waitng interals..Using this method, calls that enter the queue after a sample is taken but exit before the next sample is taken are not counted, i.e., are effectvely counted as a zer interaL.However. this situation is offset by calls that enter just prir to a sampling time, but exit before the next sampling time, and which are counted as 10 seconds. The call intervals shoer than 10 seconds that are counted as 10 seconds are offset by those calls shorter than 10 secds that are not counted. Reporting Period: One month Unit of Measure: Secnds Reporting Comparisons: Owest and all CLECs Disaggregation Reporting: are aggregated in a single measure.Sub-region applicable to state Formula: ~((Date and Time of Call Answer) - (Date and Time of First Ring)) + (Total Calls Answered by Center) Exclusions: Abandoned Calls are not included in the total number of calls answere by the center. Product Reporting: None Standard:Pari by design Availabilty:Notes: Available . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 86 . . . . Network Performance 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 blockinçi percentaçies in interconnection or interoffce final trunks. Descnption: Measures the percentage of trunks blocking in interconnection and interoffce final trunks..Includes blocking percentages on all direct final and alternate final interconnection and interoffce trunk groups that are in service durinçi the reportinçi period, subject to exclusions specifed 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 reporteçl by: Owest Interoffce trunk NI-1A Interconnection (LIS) trunks to Owest tandem offces, with TGSR- blocking results.related exclusions applied as specifed 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: U¿(Blockage in Final Trunk Group of Specifed Type)x(Number of Circuits in Trunk Group)) + (Total Numberof 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 \ b)Trouble Reports; or c)Notifcation of traffc re-routing (as described in Note 1 below). For NI-1A, NI-1B, NI-1C. and NI-1D:.Trunk groups, blocking in excess of one percent in the reporting period, for which 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 facilities to fulfll 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 fulflled, due to lack of facilities, and (b) each month thereafter up to the month following facility availabilty OR iI to five months after the month the LIS requests could not be fulfilled, whichever is sooner NO 4); or-Isolated incidences of blocking, about which Owest provides notifcation 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 Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 87 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 conneced to the public switched netwrk. . One-way trunks originating at CLEC end offces. · Owest offcial services trunks, local interoffce operator and direcory assistance trnks, and local interoffce 911/E911 trunks. . Records with invalid product codes. . Records missing data essntial to the calculation of the measurement oer the PID. Product Reporting: Standards: LIS Trunks Where NI-1A:s 1%: Where NI-1A:; 1%: Where NI-1B:s 1%: Where NI-1B:; 1%: NI-1C and NI-1D: . 1 % Parity with Owest Interoffe Trunks to tandems 1 % Parity with Owest Interoffce Trunks to end offces Diaonostic NOTE 5 Availabilty: Available Notes: 1. Owest uses TGSRs to notify CLECs when trunk blocing exceds 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 augmentatis to avoid further blocking, (b) notify Owest within 20 days that it is initiating a Trouble Reprt where Owest traffc routing problems are causing the blocking reference by th TGSR, or (c) notify Owest that the CLEC will undertake its own re-routing of trffc wiin 20 days to alleviate the blocking. 2. The TGSR-related exclusion is applied in the month in whic the TGSR is issued and in the month in which the above-specified 20-day response per ends. Thus, any trunk group excluded in one month will not be excluded in the next month, unless there is (a) a 20-day period following a TGSR ends in that month, (b) ther 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 th 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 supplets that move the due date later. a) Owest-initated due date delays, including supplements mae pursuant to Owest requests to delay due dates, shall not be counted as CLEC delays in this measurement. b) Owest-initated due date changes to earlier dates that th CLEC does not meet shall 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 intende to bond its applicabilty to a period of time that treats the unforecasted ASR as if it were, in effect, the first forecast for the facilties needed. a) Given that forecast advance intervals are currntly six months, this provision allows the exclusion to apply for no longer than that period of time. b) Neverteless, 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 facilties for the ASR, although in a longer timeframe than for ASRs covered by forecasts. NI-1C and NI-1D wil be reported for information purpses only, with no standard to be applied. c) This limitation may change depending on the outcome of separate workshops dealing with issues of interconnecion forecasting. 5. NI-1C and NI-1D wil be reported for information purpses only, with no standard to be aoolied. . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 88 . . . . Np.1 - NXX Code Activation Purpose: Evaluates the timeliness of Owests NXX code activation prior to the LERG effective date or by the "revised" effective date. as set forth herein. Description: NP-1A: Measures the percentage of NXX codes activated in the reporting period that are actually loaded and tested prior to the LERG effective date or the "revised" date, subject to exclusions shown below. NP-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 facility 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 interconnection trunk groups associated with the activation no less than 25 days prior to the LERG Due Date or Revised Due Date. . The "revised" date, for purposes of this measurement, is a CLEC-initiated renegotiation of the activation effective date that is no less than 25 days after 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 coe activation notice is provided by the LERG (Locl 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 identifed 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-1B = ((Number of NXX codes loaded and tested in the reporting period that were delayed past the LERG effective date or "revised" date affected by Owest Interconnection Facility Delays) + (Number of NXX codes loaded and tested in the reporting period, including NXX codesloaded and tested in the reporting period that were delayed past the LERG effective date or the "revised" date due to Interconnection Facility Delays)) x 100 Exclusions: NP-1A: . NXX code activations completed after the LERG date or "revised" date due to delays in the installation of Owest provided interconnection 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 coes where OWEST received complete and accurate routing information required for code activations less than 25 days prior to the LERG due date or Revised due date. Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 89 Np.1 - NXX Code Activation (continued) Product Reporting: None Standards: NP-1A: Parity NP-1B: Diaonostic Availability:Notes: Available 1."2-6 codes" are industry-standard designators for local interconnection trunk groups, consisting of 2 alpha letters and six numeric digit. 2.Only Owest-provided interconnection facilities are noted in this exclusio, beuse delays related to facilities provided by CLECs or others are acconted for by revising the due date. . . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 90 . . . . Collocation CP-1 - Collocation Completion Interval Purpose: Evaluates the timeliness of Owests installation of collocation arrangements for CLECs, focusing on the averaae time to complete such arrangements. Description: Measures the interval between the Collocation Application Date and Owests completion of the collocation installation. . Includes all collocations of types specified herein that are assigned a Ready for Service (RFSl date by Owest and completed during the reporting period, subject to exclusions specified below. . Collocation types included are: physical cageless, thysical caged, shared physical caged, physical- line sharing, cageless-Iine sharing, and virtuaL. NOT 1 . The Colloction 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 include conditioning the collocation 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 according to intervals specifed 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 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 collocations for which the CLEC provides a complete forecst to Owest 60 or more calendar days in advance of the Collocation Application Date. Unforecasted Collocations: 120 calendar days after the Colloction Application 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. . 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 collocted 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 colloctions 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 Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 91 CP-1 - Collocation Completion Interval (continued) colloctions for which Uie 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 Uie equipment to be colloted to Qwest more than 53 calendar days after the Collocation Applicaion Date, the RFS date shall be: - Forecasted Collocations: 45 calendar days after Uie equipment is provided to Owest, for collocations for which the CLEC provides a complete forecst to Owest 60 or more calendar days in advance of the Colloction Application Date. - Unforecasted Collocations: 75 calendar days after Uie equipment is provided to Owest, for collocations for which the CLEC dos not provide a forecast toQwst 60 or more calendar days in advance of the Collocation Applicatio Date. . All Collocations (physical. virtual, forecasted. or unforecsted) requiring Major Infrastructure Modifications: the later of (1) up to 150 calendar days (as specifid in Uie quote) after the Collocatio 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 will provide to the CLEC, as part of the quotation, Uie 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 colloction arrngements wil be included in CP-1 A, -1 B, or -1 C accrding to the interval crteri speifed below for these measurements. · Where there is a CLEC-caused delay, the RFS Date is reschedule · RFS dates may be extended beyond the above intervals for CLEC reasons, or for reasons beyond Owests control, but not for Owest reasos. . Where CLECs do not accept Uie quote within thirt days of the quote date, Uie 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 scheule interval from Collotion Application Date to RFS date is 91 to 120 calendar days. CP-1C Measures collocation installations for which the scheduled interval from Collocation Application Date to RFS date is 121 to 150 calendar days.Reporting Period: One monUi Unit of Measure: calendar Days Reporting Comparisons: CLEC aggregate and individual CLEC results Disaggretion Reporing: Statewde.. Formula: (for CP-1A, CP-1B and CP-1C) ¿((Collocation Completion Date) - (Complete Application Date)) + (Total Number of Colloctions Completed in Reporting Period) Owest Washington SGAT EighUi Revision, EighUi Amended Exhibit B June 15, 2008 Page 92 . . . . CP-1 - Collocation Completion Interval (continued) Exclusions:.CP-1A: CLEC collocation applications with RFS dates yielding scheduled intervals longer than 90 calendar days from Collocation Application Date to RFS date..CP-1 B: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 91 calendar days or longer than 120 calendar days from Collocation Application Date to RFS date..CP-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-1B: 120 calendar days CP-1C: 150 calendar davs Availability:Notes: Available 1. Collocations covered by this measurement are central office related. As additonal 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 colloction types become finalized, accepted, mature (i.e., six months of experience from first installations), and ordered in volumes warranting reporting (i.e., consistently more than two per month in anv state). Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 93 CP.2 - Collocations Completed within Scheduled Intervals Purpose: Evaluates the extent to which Owest completes colloctin arrngements for CLECs within the standard intervals or intervals established in intercnnecion aareements. Description: Measures the percentage of collocation applications that are completed wihin standard intervals, including intervals set fort in interconnection agreements. · Includes all collocations of typs specifed 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 ca~eless, physical caged, shared physical caged, physical-line sharing, cageless-line sharing, and virtuaL. OTE 1 · The Colloction Application Date is the date Owst receives from the CLEC a complete and valid application for collocation. In cases where the CLEC's colloctin 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 Modifcatios are defined as conditioning the collocation space, obtaining permits, and installng DC power plant, standby generators, heating, venting or air coditioning 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 speifi in the interconnecion agreements apply: · Collocation Applications with Timely Quote Acceptance and, for Virtual Colloctions, 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 collocatios, 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 Colloctions: 90 calendar days after the Collocti Application Date for physical colloctions for which the CLEC provides a complete forecast to Owst 60 or more calendar days in advance of the Collocation Aplicatin Date. - Unforecasted Collocations: 120 calendar days after the Colloctin Application Date for physical collocations for which the CLEC doe not provide a forecast to Owest 60 or mor calendar days in advance of the Collocation Application Date. · Collocation Applications with Late Quote Acceptance and, for Virtal Collocations, also with Timely Equipment Ready - for coloction applicatios where th CLEC accepts the quote in eight or more calendar days after the quote date and, for virtual collocatis, where the CLEC provides the equipment to be collocted to Owest 53 calendar days or less after the Colloction Application Date, the RFS date shall be: - Forecasted Collocations: 90 calendar days after the quote acctance 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 colloction applications where the CLEC (1) accpts the quote in seven or fewer calendar days after the quote date and (2) provides the equipment to be colocated to Owst more than 53 calendar days after the Colloction Applicatin 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 Applicatin 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 Owst 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 Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 94 . . . . CP-2 - Collocations Completed within Scheduled Intervals (continued) virtual collocation applications where the CLEC (1) accepts the quote in eight or more calendar days after the quote date and (2) provides the equipment to be collocated to 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, virtal, forecasted, or unforecasted) reguiring Major Infrastructure Modifications: the later of (1) up to 150 calendar days (as specified in the quote) after the Collocation Application Date, or (2) for virtual collocations, 45 calendar days following the date equipment to be collocated is provided to 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 penod in any state, completion intervals wil be individually negotiated. These collocation arrangements wil be included in CP-2A, -2B, or -2C accrding to the criteria specifed below for these measurements..Where there is a CLEC-caused delay, the RFS Date is rescheduled..Where CLECs do not accept the quote within thirty calendar days of the quote date, the application is considered expired. CP.2A Forecasted Collocations: Measures collocation installations for which CLEC provides a forecast to Owest 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 Owest 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 Colloction Application Date. Reporting Period: One month I Unit of Measure: Percent Reporting Comparisons: CLEC aggregate and I Disaggregation Reporting: Statewide leveL. individual CLEC results Formula: (for CP-2A, CP-2B and CP-2C) ((Count of Collocations for which the RFS is met) + (Total Number of Collocations Completed in the Reporting Penod)) x 100 Exclusions:.RFS dates missed for reasons beyond Owests control..Cancelled or expired requests. Product Reporting: None I Standards: CP-2A & -2B:90% CP-2C:90% Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 95 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 will be included in this measurement. Non-central offce-based types of collocation (such as remote collocation and field connecion points) will be considered for either inclusion in this measurement, or in new, separate measurements, after the terms, conditns, and prosses for such collocation types become finalized, accpted, mature (i.e., six months of experience from first installations), and ordere in volumes warranting reoortina (i.e., consistenUv more than tw per month in any state). . . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 96 . . . . CP-3 - Collocation Feasibilty Study Interval Purpose: Evaluates the timeliness of the Qwest sub-process function of providing a collocation feasibilty study to the CLEC. Description: Measures average interval to respond to collocation studies for feasibility of installation..Includes feasibilty studies, for collocations of types specifed herein that are completed in the reporting period, subject to exclusions specifed below. Collocation types included are: physical cageless, rhysical caged, shared physical caged, physical-line sharing, cageless-line sharing, and virtuaL. NOT 1.Interval begins with the Collocation Application Date and ends with the date Qwest completes the Feasibility Study and provides it to the CLEC..The Collocation Application Date is the date Owest receives from the CLEC a complete application for collocation. In cases where the CLEC's application for collocation is received by Qwest on a weekend or holiday, the Collocation Application Date is the next business 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 Feasibilty Study provided to CLEC) - (Date Qwest receives CLEC request for Feasibilty Study)) + (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 feasibility 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 will 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, conditons, and processes for such collocation types become finalized, accepted, mature (i.e., six months of experience from first installations), and ordered in volumes warranting reporting (i.e., consistently more than two per month in any state). Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 97 CP-4 - Collocation Feasibilty Study Commitments Met .Purpose: Evaluates the degree that Owest completes the sub-proces function of providing a collocatin feasibiltv studv to the CLEC as committed. Description: Measures the percentage of collocation feasibilty studies for installations that are copleted within the Scheduled Interval.The Scheduled Interval is ten calendar days from the Colloction Application Date or, if interconnection agreements call for diferent intervals, within intervals specified in the agreements. or if otherwise delayed by the CLEC, the interval resultng frm the delay..Includes all feasibilty studies for collocations of types specifed herein, that are completed in the reporting period. Collocation types included are: physical cageless, physical caged, shared physical caged, physical-line sharing, cageless-Iine shanng, and virtual. NOTE 1.Considers the interval from the Collocation Application Date to the date Owest completes the Feasibilty Study and provides it to the CLEC..The Collocation Application Date is the date Owst receives from the CLEC a complete application for collocation. In cases where the CLEC's application for colloction is received by Owest on a weekend or holiday, the Collocation Application Date is the next business day following the weekend or holiday..Subject to superceding terms in the CLEC's interconnection agreement, whn a CLEC submits six (6) or more Collocation applications in a one-wek peno in any state, feasibilty study intervals will be individually negotiated and the resulting interals used instead of ten calendar days in this measurement. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Statewide leveL. and individual CLEC results Formula: ((Total Applicable Collocation Feasibilty studies completed within Scheduled Intervals) + (Totalapplicable Collocation Feasibilty studies completed in the reporting penod)) x 100 Exclusions: None Product Reporting: None Standard:90 percent or more Availability:Notes: Available 1.Collocations covered by this measurement are central offce related. As additional ty of centrl offce collocation are defined and offered, they will be included in this measurement. Non-central offcebased 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 expenence from first installations), and orered in volumes warrnting reporting (i.e., consistently more than two per month in any state). . Owest Washington SGAT Eighth Revision, Eighth Amnded Exhibit B June 15, 2008 Page 98 . . . . DEFINITION OF TERMS Application Date (and Time) - The date (and time) on which Owest receives from the CLEC a complete and accurate local service request (LSR) or access service request (ASR) or retail order, subject to the following: . For the following types of requests/orders, the application date (and time) is the start of the next business day: (1) LSRs and ASRs received after 3:00PM MT for Designed Services and Local Number Portability (except non-designed, flow-through LNP). (2) Retail orders received after 3:00 PM local time for Designed Services. (3) LSRs received after 7:00PM MT for POTS Resale (Residence and Business), Non-Design Resale Centrex, noncdesigned 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 PMMT 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 retneval 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 responsibiliy 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 Owest begins to close the bill. 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 party wil have to re-initiate the call attempt. Business Day - Workdays that Owest is normally open for business. Business Day = Monday through Friday, excluding weekends and Owest published Holidays including New Yeats Day, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas. Individual measurement definitions may modify (typically expanding) this definition as descnbed 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 telecmmunications nodes and networks on an out-of-band basis. Information exchanged provides for call set-up and supports services and features such as CLASS and database query and response. Common Transport - Trunk groups between tandem and end offce switches that are shared by more than one carrier, often including the traffc of both the lLEC and several CLECs. Completion - The time in the order process when the service has been provisioned and service is available. Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 99 DEFINmON OF TERMS (continued) Completion Notice - A notification the ILEG provides to the GLEG to inform the GLEG that the requested service order activity is complete. Coordinated Customer Conversion - Orders that have a due date negotiated between the ILEC, the GLEG, and the customer so that work activities can be perfoned on a cordinated basis under the direction of the receiving carrier. Customer Requested Due Date - A specifc due date reuested by the customer which is either shorter or longer than the standard interval or the interval offered by the ILEG. Customer Trouble Reports - A report that the carrer 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 subscnber recrds 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 optially, the customts address. 05-0 - Digital Service Level O. Service provided at a digitl signal sped comonly at 64 kbps. but occasionally at 56 kbps. 05-1 - Digital Service Level 1. Service provided at a digitl signal speed of 1.544 Mbps. 05-3 - Digital Service Level 3. Service provided at a digital signal spe of 44.736 Mbps. Due Date - The date provided on the Firm Orer Confirmatn (FOC) the ILEG sends the CLEG identifyng the planned completion date for the orer. End Ofice Switch - A switch from which an end users' exchange services are directly conneced 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 ILEG sends to the GLEC to notify the CLEG that it has received the CLEGs 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 ILEG legacy system to automatically crate a service order. LSRs that do not flow through require manual intervention for the service ordr to be crated in the ILEG leacy system. Interval Zone 1/Zone 2 - Interval Zone 1 areas are wire centers for which Owest specifes shorer standard service intervals than for Interval Zone 2 areas. Installation - The activity performed to activate a servce. Installation Troubles - A trouble, which is identi after service orer acty and installation, has completed on a customer's line. It is likely attributable to the servic activty (within a defined time period). Interconnection Trunks - A network facilit that is used to interconnec tw switches generally of different local exchange carriers Inward Activity - Refers to all orders for new or additonal lines/circuits. For change order types, additional lines/circuits consist of all C orders with "I" and "r action coded line/circuit USOGs that represent new or additional lines/circuits, including coversions from retail to GLEG and GLEG to GLEG. 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 ILEG sends to the CLEC when a jeopardy has been identified. Lack of Facilties - A shortage of cable facilities identified after a due date has been committed to a customer, including the GLEG. The facilities shortage may be identified during the inventory assignment process or during the serice installation pross, and typically triggers a jeopardy. Local Exchange Routing Guide (LERG) - A Bellco master file that is used by the telecom industry to identify NPA-NXX routing and homing informatio, as well as network element and equipment designations. The fie also includes scheduled network changes associated with activitywithin the North American Numbering Plan (NANP). Local Exchange Traffc - Traffc originated on the netwo of a LEG in a local callng area that terminates to another LEG in a local callng area. . . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 100 . . . . DEFINITON OF TERMS (continued) Local Number Portability (formerly defined under Permanent Number Portability and also known as - Long Term Number Portabilty) - A network technolqy which allows end user customers to retain their telephone number when moving their service between local service providers. This technology does not employ remote call forwarding, but actually allows the customer's telephone number to be moved and redefined in the network of the new service provider. The activity to move the telephone number is called "porting." Local Service Request (LSR) - Transaction sent from the CLEC to the ILEC to order services or to request a change(s) be made to existing serviæs. MSAlNon-MSA - Metropolitan Statistical Area is a govemment defined geographic area with a population of 50,000 or gréater. Non-Metropolitan Statistical Area is a govemment 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 "D", "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 tumover 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 IDand at the same premises address within 30 days. The original report can be any category, including excluded reports, and can carry any disposition code. Service Group Type - The designation used to identify a category of similar services, .e.g., UNE loops. Service Order - The work order created and distributed in ILECs systems and to ILEC work groups in response to a complete, valid local service request. Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 101 DEFINITON 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 specifed by service type and type of service modification requested. ILECs publish these standard intervals in documents used by their own service representatives as well as ordering instructions provided to CLECs in the Qwest Standard Interval Guidelines. Subsequent Reports - A trouble report that is taken in relatin 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 trnk circuit betwn and among Central Offce 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) - Combinatins of netwrk elements, including both new and conversions, involving POTS (i.e., basic services prviing dial tone). Unbundled Loop . The Unbundled Loop is a transmissio 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 facilties 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. . . Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 102 . . . . GLOSSARY OF ACRONYMS ACRONYM DESCRIPTION ACD Automatic Call Distributor ADSL Asvmmetric Diaital Subscriber Line ALI Automatic Line Information (for 911/E911 systems) ASR Service Reauest (orocessed via Exact system) BRI Basic Rate Interface (tvoe of ISDN service) CABS Carrier Access Bilinq System CKT Circuit CLEC Comoetitive Local Exchanae Carrier CO Central Office CPE Customer Premises Eeuioment CRIS Customer Record Information System CSR Customer Service Record DA Directorv Assistance DB Decibel DB Database DSO DiQital Service 0 DS1 Digital Service 1 DS3 Diaital Service 3 E911 MS E911 ManaQement System EAS Extended Area Service EB-TA Electronic BondinQ - Trouble Administration EDI Electronic Data Interchanae EELS Enhanced Extended Looos ES EmerQency Services (for 911/E911) FOC Firm Order Confirmation GUI Graohical User Interface HDSL HiQh-Bit-Rate DiQital Subscriber Line HICAP HiQh Caoacity DiQital Service IEC InterexchanQe Carrier ILEC Incumbent Local Exchanae Carrier INP Interim Number Portabilitv 10F Interoffce Facilities (refers to trunk facilities located between Qwest central offces) ISDN InteQrated Services Dkiital Network IMA Interconnect Mediated Access LATA Locl Access Transport Area LERG Local Exchanae Routine Guide L1DB Line Identification Database LIS Local Interconnection Service Trunks LNP Lona Term Number Portabilitv LSR Local Service Reauest N,T,C Service Order Types - - N (new), T (to or transfer), C (chanae) NANP North American NumberinQ Plan NOM Network Data Mover NPAC Number Portabilty Administration Center NXX Teleohone number orefix OBF OrderinQ and BillnQ Forum OOS Out of service (tyoe of trouble condition) OSS Operations Support Systems Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 103 GLOSSARY OF ACRONYMS (continued) ACRONYM DESCRIPTION PBX Private Branch Exchanae PON Purchase Order Number POTS Plain Old Telephone Seice PRI Primary Rate Interface (ty of ISDN service) RFS Ready for Servce (refers to colotin installatins) SIA SAAFE (Strategic Applicatin Aritecture Framework and Environment) Informatin Acss SOP Service Order Processor SOT Service Order TVDe SSL Signalina System 1 STP Signalina Transfer Point TN Telephone Number UDIT Unbundled Dedicated Interoffce Transport UNE Unbundled Netwrk Element UNE-P Unbundled Network Element - Platform VRU Voice Respnse Unit WFA Wor Force Administrtion XDSL (x) Digital Subsriber Line. (Te "x" prefix refers to DSL generically. An "x" replace by an "A" refers to Asymmetric DSL, and bv an "H" refers to Hiah-bit-rate DSL.) . . Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 104 . . . . APPENDIX A PO-20 Feature Detail Fields Feature Detail Resale and UNE-P (POTS and Centrex 21): CFN Validate the call forwarding TN CFNB Validate the call forwarding TN CFND Validate the call forwarding TN RCYC FID associated with a call forwarding don't answer USOC that determines how many rings before the call forwards to the TN provided with the CFN or CFND FIDs. HLN (HLA H()t Line) FID associated with the USOC HLA (which is on our USOC list to validate.) The Hot Line feature call forwards automatically to a pre-programmed number. This TN is provided following the HLN FID. The data provided in the Feature Detail section on the LSR wil be validated against the HLN FID on the service order to determine whether the FID is present and the TN provided on the LSR with the FID is correct on the service order. LINK (HME CALL FORWARDING TO CELLULAR) FID associated with the USOC HME (which is on our USOC list to validate.) The HME feature call forwards a call from the landline telephone number to a cellular telephone number. The LINK FID, along with the PCS telephone number provided in the Feature Detail section on the LSR, wil be validated against the LINK FID on the service order to determine whether the FID is present and the telephone number provided on the LSR matches the telephone number on the service order. DES on DID MBB If the CLEC requests a DID voice mailbox the DID number wil follow the FID DES on the LSR in the Feature Detail section and on the service order. The DES FID along with the DID telephone number provided in the Feature Detail section on the LSR wil be validated against the DES FID on the service order to determine whether the FID is present and the DID telephone number provided on the matches the telephone number on the service order. Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 105 APPENDIX A (continued) TN on Custom Ring USOC (RGG1A etc.) We currently have 9 custom ring USOCs on our PO-20 USOC list. Along with the custom ring USOC is the TN FlO. The TN FlO along with the custom ring telephone number provided in the Feature Detail section on the LSR wil be validated against the TN FlO on the service order to determine whether the FlO is present and the custom ring telephone provided on the LSR with the FlO is correct on the service order. (The validation would only apply if the USOC and FlO were present in the Feature Detail sectin of the LSR.) . CAS (If provided on LSR for SEA) Call Screening Code Assignment is a FlO associated with the selective class of call feature (which is on our USOC list to validate.) Along with the CAS FlO is a tw-digit number that indicates what type of screening is being reuested. The CAS FlO along with a tw-digit number 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 USOC and that the two-digit number matches the two-digit number provided on the LSR. WW (if provided on LSR for TFM) Working With is a FlO associated with the transfer mailbox feature (which is on our USOC list to validate.) Along with the WW FlO is a ten-digit numbe that indicates wher the voice mailbox is loted. The WW FlO along with the ten-digit number is provided in the Feature Detail setion on the LSR. The Po-20 review wil validate that the FlO is floated on the service order behind the feature USOC and that the ten-digit number matches the ten-digit number provided on the LSR. MBOA (if provided on LSR for VFN) Mailbox out-dial notifcation is a FlO associated with the message notification feature (which is on our USOC list to validate.) Along with the MBOA FlO is a tw-digit alphanumeric combination that indicates where the notifcation wil be sent (i.e., identifes pager type.) The MBOA FlO along with the tw-digit alphanumeric combination is provided in the Feature Detail section on the LSR. The Po-20 review will validate that the FlO is floated on the service order behind the feature USOC and that th twigit alphanumeric matches the two- digit alphanumeric provided on the LSR. DES on VGT (if provided on LSR) Description is a FlO associated with the scheduled greeting feature (whic is on our USOC list to validate.) Along with the DES FlO is a ten-digit telephone number that reflects th DID mailbx number. The DES FlO along with the ten-digit telephone number is provided in the Feature Detail sectn on the LSR. The Po-20 review wil validate that the FlO is floated on the servce order behind the feature USOC and that the ten-digit telephone number matches the ten-digit telephone number prvided on th LSR. WLT (WLS Warm Line) Warm line timeout is a FlO associated with the warm line feature. Along wi the WL T FlO is a one or tw numeric value that indicates the number of seconds that must elapse before the OM5-1 00 switch sets up the connection for a warm line service number. The WL T FlO along with the one or two numeric value is provided in the Feature Detail section on the LSR. The Po-20 review will validate that the FlO is floated on the service order behind the feature USOC and that the one or two numeric value matches the one or two numeric value provided on the LSR. . Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 106 . . . . APPENDIX A (continued) FIDs associated with WFA (800 service line feature which is on our USOC list to validate): SIT (if provided on LSR for WFA) Special identifying telephone number is a FlO associated with the 800 service line feature. Along with the SIT FlO is a ten-digit telephone number that reflects the 800,888,877, or 866 service line feature. The SIT FlO along with the ten-digittelephone number 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 USOC and that the ten-digit telephone number matches the ten-digit telephone number provided on the LSR. SIS (if provided on LSR for WFA) Special Identifying Telephone Number Supplemental is a FlO associated with the 800 service line feature. The SiS FlO along with a one-digit number is provided in the Feature Detail section on the LSR. The PO-20 review wil validate that the FlO is floated on the service order behind the feature USOC and that the one-digit number matches the one-digit number provided on the LSR. ELN (if provided on LSR for WFA) 800 Service listed name is a FlO associated with the 800 service line feature. Along with the ELN FlO is a listed name, which follows the format of a business name, The ELN"FIO along with the name is provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO is floated on the service order behind the feature USOC and that the name matches the name provided on the LSR. ELA (if provided on LSR for WFA) 800 listed address is a FlO associated with the 800 service line feature. Along with the ELA FlO is an address, which follows the format of a listed address plus LATA, State, and ZiP code. The ELA FlO along with the address is provided in the Feature Detail section on the LSR. The PO-20 review wil validate that the FlO is floated on the service order behind the feature USOC and that the address matches the address provided on the LSR. AOS (if provided on LSR for WFA) Area of service is a FlO associated with the 800 service line feature. Along with the AOS FlO are one to two alphanumenc characters and three numenc characters which represents LATA and AC of the address. The AOS FlO along with the additional characters are provided in the Feature Detail section on the LSR. The PO-20 review wil validate that the FlO is floated on the service order behind the feature USOC and that the additional characters match the additional characters provided on the LSR. ALe (if provided on LSR for WFA) Intra LATA carrier is a FlO associated with the 800 service line feature. It indicates the Intra LATA carrier for the 800 service. Along with the ALC FlO is the three-digit code (OTC) for the Intra LATA carrier. The ALC FlO 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 USOC and that the three-digit code matches the three-digit code provided on the LSR. Qwest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 107 APPENDIX A (continued) Resale and UNE.P Centrex 21 FIDs associated with 503, 505, 5FB, C2T AX (Electronic Business 5et U50Cs which are on our U50C list to validate):. KEY (If provided on LSR for Electronic Business Set EBS USOCS) Key Designation (KEY number) is a FID associated with the Elenic Business Set feature. Along with the KEY FID is a numeric value that indictes th key designated for diferent features or lines on the EBS. The KEY FID along with the numerc value is provided in the Feature Detail section on the LSR. The Pû-20 review wil validate that the FID is flted on the servic orer behind the feature USOC and that the numeric value matches the numeric value provied on the LSR. MADN (If provided on LSR for Elecúonic Busine Set EBS USOC) Multiple Appearance Directory Number Call Arangement is a FlO assoiated 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 wi the alpha value is provided in the Feature Detail section on th LSR. The PO-20 reviw will validate that the FID is floated on the service order behind the feature USOC and that th 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 moule feature. Alg wih the TTD FID is a 4 character alpha value based on customer equipment. The TTD FID alo with the 4 character alpha value is provided in the Feature Detail section on th LSR. The Pû-20 review will validate that the FID is floated on the service order behind the feature USOC and that the 4 character alpha value matches the 4 character alpha value provided on the LSR.. Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15. 2008 Page 108 . . . . APPENDIX A (continued) FIDs associated with E3PPK (CALL PICK-UP feature which is on our USOC list to validate): CPG (If provided on LSR for E3PPK) Call Pickup Group is a FID associated with the CALL PICK-UP feature. Along with the CPG FID is a 1-3 digit numeric value that identifes 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 Pû-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 service order behind the feature USOC and that the alphanumeric value matches alphanumeric value provided on the LSR. CPUT (If provided on LSR for E3PPK) Call Pickup-Terminating is a FID associated with the CALL PICK-UP feature. Along with the CPUT FID is an alphanumeric value that identifies the call pickup group. The CPUT FID along with the alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review 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 wil 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 Speed 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 Speed call USOCs) Speed Callng Feature Name is a FID associated with the Sped 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. Owest Washington SGAT Eighth Revision, Eighth Amended Exhibit B June 15, 2008 Page 109 .Exhibits C - J EXHIBIT C Intentionally Left Blank EXHIBIT D Intentionally Left Blank EXHIBIT E Intentionally Left Blank EXHIBIT F.Intentionally Left Blank EXHIBITG Intentionally Left Blank EXHIBIT H Intentionally Left Blank EXHIBIT I Intentionally Left Blank EXHIBIT J Intentionally Left Blank . . Resale Exhibits C - J, Version 2.0, April 30, 2007 1 Exhibit K.PERFORMANCE ASSURANCE PLAN 1.0 Introduction 1.1 As set forth in this Agreement, Qwest and CLEC voluntarily agree to the terms of the following Performance Assurance Plan ("PAP"), initially prepared in conjunction with Qwest's application for approval under Section 271 of the Telecommunications Act of 1996 (the "Act") to offer in-region long distance service and subsequently modified in accordance with the Commission's orders. i This PAP is also subject to the following provisions ordered by the Commission in Order No.8, Par. 42, Docket UT-061625, In the Matter of the Petition of Qwest Corporation for and Alternative Form of Regulation ("AFOR") pursuant to RCW 80.36.135: 1.1.1 The PAP shall remain in effect for the full four-year term of the AFOR, unless modified by the Commission. 1.1.2 The PAP must remain available to all wholesale carriers in its current form unless modified by the Commission. 1.1.3 The PAP terms must apply to all wholesale service provided by Qwest as a substitute for unbundled network elements ("UNE substitute services") during the term orthe AFOR, unless the affected parties agree otherwise.2.2.0 Plan Structure 2.1 The PAP is a two-tiered, self-executing remedy plan. CLEC shall be provided with Tier 1 payments if, as applicable, Qwest does not provide parity between the service it provides to CLEC and that which it provides to its own retail customers, or Qwest fails to meet applicable benchmarks. 2.1.1 As specified in section 7.0, if Qwest fails to meet parity and benchmark standards on an aggregate CLEC basis, Qwest shall make Tier 2 payments to a Fund established by the state regulatory commission or, if required by existing law, to the state general fund. i The PAP is attached as Exhibit K to Qwest's Statement of Generally Available Terms ("SGA Til) on file with the Commission, and the PAP incorporates or references other provisions of, or exhibits to, the SGAT. The PAP remains in effect and available for adoption by CLEC according to its terms and the terms of any applicable interconnection or commercial agreement, without regard to the legal effect or availability for adoption of the SGAT as a whole. 2 "UNE substitute services" means services Qwest offers to CLECs as substitutes for unbundled network elements that (a) are no longer available as unbundled network elements under 47 U.S.C. § 2Sl(c)(3) as a result ofthe Triennial Review Order, Triennial Review Remand Order or any other FCC orders and (b) were previously included in Qwest's Performance Assurance Plan and measured by Performance Indicator Definitions in effect.. Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5, 2009 Page 1 Exhibit K 2.2 As specified in sections 6.0 and 7.0 and Attachments 1 and 2, payment is generally on a per occurence basis, (i.e., a set dollar payment times the number of non-conforming service events). For the performance measurements which do not lend themselves to per occurrence payment, payment is on a per measurement basis, (i.e., a set dollar payment). The level of payment also depends upon the number of consecutive months of non-conforming performance, (i.e., an escalating payment the longer the duration of non-conformingperformance) unless otherwise specified. . 2.3 Qwest shall be in conformance with the party 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 attbutable to simple random variation. Statistical parity shall exist when performance results for CLEC and for Qwest retail analogues 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 for a paricular pedormance measurement is 95% or better, Qwest pedormance results must be at least 95% to meet the benchmark. Percentage benchmarks wil be adjusted to round the allowable number of misses up or down to the closest integer, except when a benchmark standard and low CLEC volume are such that a 100% performance result would be required to meet the standard and has not been attained. . in which case section 3.1.2 applies. 3.0 Performance Measurements 3.1 The pedormance 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/emoval Process set fort 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 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 submeasure, Qwest shall apply one allowable miss to a submeasure disaggregation that otherwise would require 100% pedormance before the performance is considered as non-conforming to standard (1) if at the CLEC- aggregate level, the pedormance standard is met or (2) where the CLEC-aggregate 3 The PID is attached as Exhibit B to Qwest's SGA T on fie with the Commission, and the PAP incorporates or references this SGA T Exhibit. The PAP, including the incorporated Exhibit B measures, remains in effect and available for adoption by CLEC according to its terms and the terms of any applicable interconnection or commercial agreement, without regard to the legal effect or availability for adoption of the SGA T as a whole.. Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5,2009 Page 2 Exhibit K.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 GA-4 GA-7 PO-2B PO-3 PO-5D PO-7 PO-8 PO-16 OP-17 MR-ll BI-4 NI-1 NP-1 Gateway Availability EB- TA System Availability EXACT Timely Outage Resolution following Software Releases Electronic Flow-through LSR Rejection Notice Interval Firm Order Confirmations (FOCs) On Time (ASRs for LIS Trus) Biling Completion Notification Timeliness Jeopardy Notice Interval Timely Release Notifications Timeliness of Disconnects Associated with LNP Orders LNP Trouble Reports Cleared within Specified Timeframes Biling Completeness Trunk Blocking NXX Code Activation 3.3 PID Reinstatement/Removal Process: If Qwests performance for any sub-measure of the PIDs listed in section 3.2 above does not conform to the established PID standard as set forth in the PAP for three consecutive months, that sub-measure wil be reinstated (i.e., be subject to the PAP payment mechanisms) subject to the retroactive payment provision of section 3.3.2 and subject to the PAP payment mechanisms effective in the month following the three consecutive months. The determination of whether a PID sub-measure is reinstated is made no later than at the end of the second month following the third consecutive month of non-conforming performance. The sub-measure wil remain subject to the PAP payment mechanisms until Qwest s performance for that sub-measure satisfies the established standards for three consecutive months. Effective the month following such conforming performance, the sub-measure 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 pin Reinstatement/Removal Process modifies other provisions and operates as follows: 3.3.1 Disaggregation and Reporting Levels: Performance wil be evaluated at the lowest level of disaggregation defined in Exhibit B of the SGAT on a CLEC- aggregated or other-aggregated basis such that performance is evaluated for the purposes of administering the Reinstatement/Removal Process on a statewide or regionwide level, as applicable per the PID.. Owest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5,2009 Page 3 Exhibit K . 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 CLECs or the Tier 2 fud, 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 CLECs or to the Tier 2 Fund for a sub- measure as though it had been subject to the PAP payment mechanisms, where automatic reinstatement applies, and account separately in the same manner for the time between when it is determined that a sub-measure met the standard for automatic removal and the effective date of removal (the month following the three consecutive "met" months). With regard to sub-measures that are subsequently removed again though this process, any PAP payments made durng the thee consecutive months which trggers 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., durng 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 applicability of the PAP payment mechanisms (i.e., reinstated or removed), which eliminates the requirement to make fiings with the Commission to modify the PAP due to the application of the PID Reinstatement/Removal Process. 4.0 Statistical Measurement 4. i 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 determne whether a parity condition exists between the results for Qwest and the CLEC(s). The modified z-tests shall be applicable ifthe 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 determne the statistical significance of the difference between Qwest andCLEC. '. Owest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5,2009 Page 4 Exhibit K. 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 suchthat 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. The formula for determining parity using the modified z-test is: z = DIFF / crOlFF Where: DIFF = MQwest - MCLEC MQwEsT = Qwest average or proportion MCLEC = CLEC average or proportion.crDIFF = square root DcrDQwest (1/ n CLEC + 1/ n Qwest)) n2Qwest = calculated variance for Qwest nQwest = number of observations or samples used in Qwest measurement nCLEC = number of observations or samples used in CLEC measurement The modified z-tests wil be applied to reported parity measurements that contain more than 30 data points. In calculating the difference between Qwest and CLEC performance, the above formula applies when a larger Qwest value indicates a better level of performance. In cases where a smaller Qwest value indicates a higher level of performance, the order is reversed, i.e., MCLEC - MQwEsT. The practical application of the modified z-test and critical z-values to per occurrence payment calculations for measures with parity standards is described in more detail in sections 8 and 9. Payment calculations consider Qwests processes and Table 1 critical z-values to determine whether Qwests wholesale performance provided was statistically equivalent to performance Qwest provided itself. To determine this, parity values are developed. For instances where higher is better, the parity value formula is: Parity value = ILEC mean - critical z-value * square root DcrDQwest (1/ n CLEC + 1/ n Qwest)). Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5,2009 Page 5 Exhibit K . In cases where lower values represent better performance, the minus sign is simply reversed. 4.3.1 For parity measurements where the number of data points is 30 or less, Qwest 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 Qwest data sets Perform the following 1000 times: Randomly subdivide the pooled data sets into two pools, one the same size as the original CLEC data set (nCLEc) and one reflecting the remaining data points (which is equal to the size of the original Qwest data set or nQWEST). Compute and store the modified z-test score (Zs) for this sample. Count the number of times the z-statistic for a permutation of the data is greater than the actual modified z- statistic. Compute the frction of permutations for which the statistic for the rearranged data is greater than the statistic for the actual samples. If the fraction is greater than 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 1.645and .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 sections 4.0 and 6.0. It is based on the monthly business volume of the CLEC for the particular performance measurements for which statistical testing is being performed. TABLE 1: CRITICALZ-VALUE CLECvolume LIS Trus, UDITs, Resale,All Other (Sample size)UBL-DSI 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 critical z-value 1.04 applies for individual month testing for performance measurements involving LIS trs and DS-I and DS-3 that are UDITs, Resale, or Unbundled Loops. The performance measurements are OP-3d/e, OP-4d/e, Or-5a, OP-6-4/5, MR-5a/, MR-7d/e, and MR-8.. Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5,2009 Page 6 Exhibit K.For purposes of determning consecutive month misses, 1.645 shall be used. Where performance measurements disaggregate to zone i and zone 2, the zones shall be combined for purposes of statistical testing. 6.0 Tier 1 Payments to CLEC 6.1 Tier i payments to CLEC shall be made solely for the performance measurements designated as Tier i 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 ofthe non-conforming service condition as described below. Non- conforming service is defined in section 4.0. 6. i.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 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 pedormance measurement. For instance, if the CLEC sample size for that month is i 00, the critical z-value is 1.645 for the statistical testing of that parity pedormance 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 pedormance measurement, using the dollar amounts specified in Table 2 or 2A 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. Tier i payment escalation shall be in accordance with Table 2 or 2A below. 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 i to month 4 as shown in Table 2 or 2A, if applicable. 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 or 2A 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 "Pedormance Measurements Subject to Per Measurement Caps," excluding BI-3A,. Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5, 2009 Page 7 Exhibit K 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." TABLE 2: TIER 1 PAYMENTS TO CLEC Per Occurence Measurement Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Each Group following month after Month 6 add High $150 $250 $500 $600 $700 $800 $100 Medium $ 75 $150 $300 $400 $500 $600 $100 Low $ 25 $ 50 $100 $200 $300 $400 $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 TABLE 2A: TIER 1 PAYMENTS TO CLEC - SPECIFIC PRODUCTS Per Occurrence Measurement Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Each Group following month after Month 6 add DS3-UBL $3,000 $3,500 $4,000 $4,500 $5,000 $5,500 $500 DS3- UDIT $1,000 $1,500 $2,000 $2,300 $2,600 $2,900 $300 Owest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5,2009 Page 8 . . . . . . Exhibit K DSl- VBL DSI-EELs 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 2B below by multiplying the per occurrence amount times the number of occurrences based on the Total Bil Adjustment Amount,4 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. TABLE2B: 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 Except as specifically addressed by WAC 480-120-560, the PAP collocation performance measures shall rely on CP-2 and CP-4 performance measurements for delineation of collocation business rules. For purposes of calculating Tier 1 payments for failure to meet collocation installation intervals, if Qwest fails to deliver the Collocation space by the required Ready for Service (RFS) date, Qwest wil credit the CLEC in an amount equal to one tenth (1/10) of the total non-recurring charge for the ordered Collocation for each week beyond the required RFS date. For purposes of calculating Tier 1 payments for collocation feasibility studies that are later than the due date, a per day payment wil be applied according to Table 3. The calculation of the payment amount will be performed by applying the per day payment amounts as specified in Table 3. Thus, for days 1 through 10, the payment is $45 per day. For days 11 through 20, the payment is $90 per day and so on. TABLE 3- TIER-l COLLOCATION FEASIBILITY STUDY PAYMENTS TO CLECS- Days Late Feasibility Study 1 to 10 days $45/day 11 to 20 days $90/day 21 to 30 days $ 135/day 31 to 40 days $180/day More than 40 days $300/day 4 Total Bil Adjustment Amount is determined by subtracting the BI-3A nurnerator from the BI-3A denominator as defined in the BI-3 PID formula. Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5,2009 Page 9 Exhibit K . 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 l,200. The payment shall be calculated by adding the applicable payment amount in Table 4 below for each month in which at least one payment was made 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 i for per occurence payments and which have at least 10 data points each month for the period payments are . being calculated. Similar to the Tier 1 strctue, 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-Conformg Measurements: The determination of non- conformance wil be based upon the aggregate of all CLEC data for each Tier 2 performance measurement. Non-conformng service is dermed 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 all parity measurements but MR-2 and OP-2. The critical z-value is the statistical standard that determines for each performance measurement whether Qwest has met parity. 7.3 Determination ofthe 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 exceeding the critical z-value, identified in section 7.2, in any single month. Payment wil be made on either a per occurence 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.. Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5,2009 Page 10 Exhibit K.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. The performance measurements are: . GA-1: Gateway Availability - IMA-GUI GA-3: Gateway Availability - EB-TA GA-4: System Availability - EXACT GA-6: Gateway Availability - GUI-Repair GA-8: Gateway Availability - lMA-XML PO-i: 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-IA and GA-1D. PO-I has two sub-measurements: PO-IA and PO-iX. PO-1A and PO-iX shall have their transaction tyes aggregated together. GA~8 and PO-1 are subject to a stabilization period. For each of these new measures/sub- measures that include XML results there wil be a 3-month measurement stabilization period. During this period, no payment applies if the payment is determined to have been caused by the development to include XML into the PID results and not due to an actual performance miss. In order to determine the cause of payments during the stabilization period, if any payments are identified, the payment's due date will be extended for 30 days to provide Qwest the opportnity to perform root cause analysis and make the results readily available to the impacted parties. Until performance reporting includes XML results, the prior measures/sub-measures included in the PAP wil apply. Further, should either the IMA"'GUI or IMA-XML interfaces be replaced in the futue, results from the replacement interfaces wil be automatically incorporated into these measures and be included in the PAP (with a stabilization period) coincident with CLEC migration to the new interfaces subject to changes to the impacted measures including but not limited to modification due to operational differences with the replacement interfaces. F or 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. . Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5, 2009 Page 11 Exhibit K TABLE 6: TIER 2 PER MEASUREMENT PAYMENTS TO STATE FUNDS Measurement Pedormance State Payment GA-1,3,4,6,8 1% or lower $1,000 ::1% to 3%$10,000 ::3% to 5% $20,000 ::5%$30,000 PO-L 2 sec. or less $1,000 ::2 sec. to 5 sec.$5,000 ::5 sec. to 10 sec.$10,000 ::10 sec.$15,000 OP-2/MR-2 1% or lower $1,000 ::1% to 3%$5,000 ::3% to 5% $10,000 ::5%$15,000 7.5 Payment of Tier 2 Funds: Payments to a state fud shall be used for any purose determined by the Commission that is allowed to it by state law. Qwest must deposit any payments of Tier 2 funds for Washington State into the Public Service Revolving Fund, the account within the Washington State treasur established to fud Commission expenses. 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 puroses of statistical testing for each paricular 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. 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 pedormance measurement, the parity value described in section 4.3 shall be calculated. (For benchmark measurements, the benchmark value shall be used.) 8.2.1.2 Step 2: The percentage differences between the CLEC averages and the parity value shall be calculated. The calculation is % diff= (CLEC result - Party Value )/Parity Value. Owest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5, 2009 Page 12 . . .. Exhibit K. 8.2.1.3 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 i Payment Tables 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 determned by the parity value described in section 4.3 shall be calculated. (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 parity value percentages shall be determned. 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 occurence dollar amount taken from the Tier 1 Payment Tables, to determne 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 determined by the parity value described in section 4.3 shall be calculated. (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 parity value rate shall be determined. 8.2.3.3 Step 3: For each performance measurement, the total number of data points shall be multiplied by the difference calculated in the previous step, and the per occurence dollar amount taken from the Tier 1 Payment Tables, to determine the payment to the CLEC for each non-conformng 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. . Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5,2009 Page 13 Exhibit K 9.0 Step by Step Calculation of Monthly Tier 2 Payments to State Funds . 9.1 Application of the Critical Z-Values: Qwest shall identify the Tier 2 parity performance measurements that measure the service provided to all CLECs by Qwest 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 all parity measurements except MR-2 and OP-2. If Qwest misses a performance standard and there are at least 10 data points for the performance measurement, a Tier 2 payment wil be calculated and paid as described below and wil continue in each succeeding month until Qwests performance meets the applicable standard. 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 party value described in section 4.3 shall be calculated. (For benchmark measurements, the benchmark value shall be used.) 9.2.1.2 Step 2: The percentage difference between the CLEC averages and the parity value for each month shall be calculated. The calculation for parity measurements is % diff= (CLEC average - parity value)/parity value. 9.2.1.3 Step 3: For each performance measurement, the total number of data points each month shall be multiplied by the percentage calculated in the previous step. The amount (rounded to the nearest integer) is then calculated and multiplied by the result of the per occurence dollar amount taken from the Tier 2 Payment Table to determne the payment to the State for each non- conformng performance measurement. . 9.2.2 Performance Measurements that are Percentages: 9.2.2.1 Step 1: For each performance measurement, the monthly percentage determined by the party value described in section 4.3 for each month shall be calculated. (For benchmark measurements, the benchmark value shall be used.) 9.2.2.2 Step 2: The difference between the CLEC percentages and the parity value percentage for each non-conformng month shall be calculated. The calculation for party measurement is diff= (CLEC result - parity value 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. 9.2.2.3 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. The amount (rounded to the nearest integer) is then multiplied . Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5,2009 Page 14 Exhibit K.by the result of the per occurrence dollar amounts taken from the Tier 2 Payment Table to determine the payment to the State. 9.2.3 Performance Measurements that are Ratios or Proportions: 9.2.3.1 Step 1: For each performance ineasurement, the ratio determined by the parity value described in section 4.3 for each month shall be calculated. (For benchmark measurements, the benchmark value shall be used.) 9.2.3.2 Step 2: The difference between the actual rate for the CLEC and the parity value rate for each non-conformng month shall be calculated. The calculation is: diff= (CLEC rate - party value rate). This formula shall apply where a high value is indicative of poor performance. The formula shall be reversed where high performance is indicative of good performance. 9.2.3.3 Step 3: For each pedormance measurement, the total number of data points shall be multiplied by the difference calculated in the previous step for each month. The amount (rounded to the nearest integer) is then multiplied by the result of the per occurence dollar amounts taken from the Tier 2 Payment Table to determine the payment to the State. 9.3 Performance Measurements for which Tier 2 Payment is Per Measure:.9.3.1 For each pedormance measurement where Qwest fails to meet the standard, the payment to the State Fund shall be the dollar amount shown on the "Per Measurement" Tier 2 Payment Table in the State Payment column. 10.0 Low Volume, Developing Markets 10.1 For certain qualifying pedormance standards, if the aggregate monthly volumes of CLECs participating in the PAP are more than 10, but less than 100, Qwest wil 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 dis aggregations ofOP-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 pedormance sub-measurement. 10.2 The determination of whether Qwest has met the parity or benchmark standards wil be made using aggregate volumes ofCLECs 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 pedormance 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 CLECs is less than $5,000, a minimum payment of $5,000 shall be made. The resulting total payment amount to CLECs wil be apportioned to the affected CLECs based upon each CLEC's relative share of the number of total service misses.. Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5, 2009 Page 15 Exhibit K . 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 entr into developing markets. 11.0 Payment 11.1 Payments to CLEC or the State, except as provided in section 11.3, 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 Joural. Interest on any late payments and underpayments shall not be included in assessments of the anual cap described in section 12.1. On any overpayment, Qwest is allowed to offset futue payments by the amount of the overpayment plus interest at the prime rate. 11.2 All payments shall be in cash. Qwest shall be allowed, after obtaining the individual agreement of CLEC, to make such cash payments through the use of electronic fund transfers to CLEC and the State. Qwest shall be able to offset cash payments to CLECs with bil credits applied against any non-disputed charges that are more than 90 days past due. 11.3 This PAP does not prohibit the Commssion from directing the establishment of an identified escrow account or other fund, and or contributing a portion of Tier 2 funds to the . escrow account for the purose of fuding a multi-state process to review and audit the PAP. 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 Washington. The annual cap for the State of Washington shall be 36% of ARMIS Net Retu, recalculated each year based on the prior year's Washington ARMIS results or equivalent data. Qwest shall submit to the Commission the calculation of each year's cap no later than 30 days after the 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 and Tier 2 assessments or payments made by Qwest. Subject to the limitations in section 13, the following shall not count toward the cap: any penalties imposed by the Commission; any penalties imposed directly by this PAP for failure to report, failure to report timely, or failure to report accurately; and any interest payments for underpayment. 12.2 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 anual cap, the percentage equalization shall take place as follows: 12.2.1 The amount by which any month's total year-to-date Tier 1 and Tier 2 payments exceeds the cumulative monthly cap (defined as 1/1th of the annual cap times the cumulative number of months to date) shall be calculated and apportioned . Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5,2009 Page 16 Exhibit K.between Tier 1 and Tier 2 according to the percentage that each bore of total payments for the year-to-date. The Tier 1 apportionment resulting of this calculation shall be known as the "Tracking Account." 12.2.2 The Tier 1 apportionment shall be debited against the monthly payment due to each CLEC, by applying to the year-to-date payments received by each the percentage necessary to generate the required total Tier 1 amount. 12.2.3 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. 12.2.4 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 from any CLEC for that 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 or until a commercial agreement for UNE substitute services between CLEC and Qwest which adopts the provisions of this PAP is in effect. 13.3 The Commission wil determine whether a request for waiver of payment obligations wil be granted. Qwest must file any waiver request with the Commission no later thatthe last business day of the month after the month in which payments are being disputed. If such waiver is granted, Qwest shall not be obligated to make Tier 1 or Tier 2 payments for any measurement if and to the extent that non-conformance for that measurement was the result of any of the following: 1) with respect to performance measurements with a benchmark standard, a Force Majeure event as defined in section 5.7 of the SGAT. Qwest wil provide notice of the occurence of a Force Majeure event within 72 hours of the time Qwest learns of the event or within a reasonable time frame that Qwest should have learned of it; 2) an act or omission by a CLEC that is contrary to any of its obligations under its interconnection agreement with Qwest or under federal or state law; an act or omission by CLEC that is in bad faith. Examples of bad faith conduct include, but are not limited to: unreasonably holding service orders and/or applications, "dumping" orders or applications in unreasonably large batches, "dumping" orders or applications at or near the close of a business day, on a Friday evening or prior to a holiday, and failing to provide timely forecasts to Qwest for services or facilities when such forecasts are explicitly required by the SGAT; 3) problems associated with third-part systems or equipment, which could not have been avoided by Qwest in the exercise of reasonable diligence, provided, however, that this third part exclusion will not be. Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5, 2009 Page 17 Exhibit K 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 Qwest's ability to timely perform an activity subject to a performance measurement that is an interval measure, the applicable time frame in which Qwest's compliance with the parity (excluding Force Majeure events) 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 Qwest wil not be excused from Tier 1 or Tier 2 payments for any reason except as described in Section 13.0. Qwest 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 par may petition the Commission to require Qwest to deposit disputed payments into an escrow account when the requesting part can show cause, such as commercial uncertinty. 13.3.2 Notwithstanding any other provision of this PAP, it shall not excuse performance that Qwest could reasonably have been expected to deliver assuming that it had designed, implemented, staffed, provisioned, and otherwise provided for resources reasonably required to meet foreseeable volumes and patterns of demands upon its resources by CLECs. 13.4 Qwest's agreement to implement these enforcement terms, and specifically its agreement to pay any "liquidated damages" or "assessments" hereunder, wil not be considered as an admssion against interest or an admission of liability in any legal, regulatory, or other proceeding relating in whole or in part to the same performance.. 13.4.1 CLEC may not use: 1) the existence of this enforcement plan; or 2) Qwest's payment of Tier -1 "liquidated damages" or Tier 2 "assessments" as evidence that Qwest has discriminated in the provision of any facilities or services under Sections 251 or 252, or has violated any state or federal law or regulation. Qwest's conduct underlying its performance measures, however are not made inadmissible by its terms. 13.4.2 By accepting this performance remedy plan, CLEC agrees that Qwest's performance with respect to this remedy plan may not be used as an admission of liability or culpability for a violation of any state or federal law or regulation. (Nothing herein is intended to preclude Qwest from introducing evidence of any Tier 1 "liquidated damages" under these provisions for the purose of offsetting the payment against any other damages or payments a CLEC might recover.) The terms of this paragraph do not apply to any proceeding before the Commission or the FCC to determine whether Qwest has met or continues to meet the requirements of section 271 of the Act. 13.5 By incorporating these liquidated damages terms into the PAP, Qwest and CLEC accepting this PAP agree that proof of damages from any non-conforming performance measurement would be diffcult to ascertain and, therefore, liquidated damages are a reasonable approximation of any contractual damages that may result from a non-conforming . Owest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5,2009 Page 18 Exhibit K.performance measurement. Qwest and CLEC fuher agree that Tier I 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 submeasures, statistical methodologies, and payment mechanisms that are designed to function together, and only together as an integrated whole. To elect the PAP, CLEC must adopt the PAP in its entirety, in its interconnection agreement with Qwest, in lieu of other alternative standards or relief, except as stated in sections 13.6.1, 13.6.2, and 13.7. 13.6.1 In electing the PAP, CLEC shall surender any rights to remedies under state wholesale service qúality rules or under any agreement designed to provide such monetary relief for the same performance issues addressed by the PAP. The PAP shall not limit either non-contractual legal or non-contractual regulatory remedies that may be available to CLEC. . 13.6.2 Tier 1 payments to CLECs are in the nature ofliquidated damages. Before CLEC shall be able to fie an action seeking contract damages that flow from an alleged failure to perform in an area specifically measured and regulated by the PAP, CLEC must first seek permission through the Dispute Resolution Process set forth in Section 5.18 of the SGAT. This permission shall be granted only if CLEC can present a reasonable theory of damages for the non-conforming performance at issue and evidence of real world economic harm that, as applied over the preceding six months, establishes that the actual payments collected for non-conforming performance in the relevant area do not redress the extent of the competitive harm. If CLEC can make this showing, it shall be permtted to proceed with this action. Any damages awarded through this action shall be offset with payments made under this PAP. Ifthe CLEC canot make this showing, the action shall be barred. To the extent that CLEC's contrct action relates to an area of performance not addressed by the PAP, no such procedural requirement shall apply. 13.7 If for any reason CLEC agreeing to this PAP is awarded compensation for the same har for which it received payments under the PAP, the cour or other adjudicatory body hearing such claim may offset the damages resulting from such claim against payments made for the same harm. Only that relevant finder of fact, and not Qwest in its discretion, can judge what amount, if any, of PAP payments should be offset from any judgment for a CLEC in a related action. 13.8 If Qwest believes that some Tier 2 payments duplicate payments that are made to the state under other service quality rules, Qwest may make the payments to a special interest bearing escrow account and then dispute the payments before the Commission. If Qwest can show that the payments are indeed duplicative, it may retain the money (and its interest) that indeed duplicated other state payments. Otherwise the money wil be paid as Tier 2 payments.. Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5, 2009 Page 19 Exhibit K 13.9 Whenever a Qwest Tier 1 payment to an individual CLEC exceeds $3 milion in a month, Qwest may commence a proceeding to demonstrate why it should not be 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-part pending the outcome of the proceeding. To invoke these escrow provisions, Qwest must fie, not later than the due date of the Tier 1 payments, its application. Qwest 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 milion in liability 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 SGA T or interconnection agreement 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 ofQwests 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 grce 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 ofthe PIDs. Upon CLEC's request, data fies 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 electronic copies of monthly reports of aggregate CLEC performance results to the Commssion and to Public Counsel 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 grce 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 make the State aggregate CLEC performance results available to the public on its website. 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 paricipating CLEC raw data, or any subset thereof, wil be transmitted, without charge, to the Commission in a mutually acceptable format, protocol, and transmission form. Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5,2009 Page 20 . . . Exhibit K. 14.3 In the event Qwest does not provide CLEC and the Commission with a monthly report by the last day of the month following the month for which performance results are being reported, Qwest will pay to the State a total of $500 for each business day for which performance reports are 6 to 10 business days past the due date; $1,000 for each business day for which performance reports are 11 to 15 business days past the due date; and $2,000 for each business day for which performance results are more than 15 business days past the due date. If reports are on time but are missing performance results, Qwest wil pay to the State a total of one-fift of the late report amount for each missing performance measurement, subject to a cap of the full late report amount. These amounts represent the total payments for omitting performance measurements or missing any report deadlines, rather than a payment per report. Prior to the date of a payment for late reports, Qwest may 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 reliefthat may be appropriate. Any payments made by Qwest in accordance with this section shall be excluded from assessments under the annual cap. 14.4 Qwest shall retain for a three year period (measured from the monthly payment due dates) suffcient records to demonstrate fully the basis of its calculations for making payments under this PAP. In any event, Qwest shall maintain the records in a readily useable fonn fot 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 Performance Results 15.1 Any part may request that the Commission conduct an audit of performance results or performance measures. The Commission wil determine, based upon requests and upon its own investigation, which results and/or measures should be audited. The Commission may, at its discretion, conduct audits through participation in a collaborative process with other states. 15.2 The costs of auditing wil be paid for from Tier 2 fuds. If such funds are insuffcient, the Commission may require that a portion of Tier 1 escalated payments be set aside for auditing programs. 15.3 Qwest must report to the Commission monthly any changes it makes to the automated or manual processes used to produce performance results including data collection, generation, and reporting. The reports must include sufficient detail to enable the parties to understand the scope and natue of the changes. 15.4 In the event of a dispute between Qwest and any CLEC regarding the accuracy or integrity of data collected, generated, and reported pursuant to the PAP, Qwest and the CLEC wil first consult with one another and attempt to resolve.the dispute. If the issue is not resolved within 45 days, either part may request that the Commission consider the matter. . Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5, 2009 Page 21 Exhibit K 15.5. Any par may petition the Commssion to request that Qwest investigate any consecutive Tier 1 miss or 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. Qwest wil report the results of its investigation to the Commission, and to the extent an investigation determines that a CLEC was responsible in whole or in par for the Tier 2 misses, Qwest may petition the Commission to request that it receive credit against future Tier 2 paymènts in an amount equal to the Tier 2 payments that should not have been made. Qwest may also request that the relevant portion of subsequent Tier 2 payments wil not be owed until any responsible CLEC problems are corrected. For the puroses 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 months, beginning six months after the effective date of Section 271 approval by the FCC for the state of Washington, Qwest, CLECs, or the Commission may request a review. When a review is requested, Qwest, CLECs and the Commission shall paricipate in a review of the performance measurements to determne whether measurements should be added, deleted, or modified; whether the applicable benchmark/parity standards should be modified or replaced by parity/benchmark stadards; and whether to change the classifications of a measurement (High, Medium, Low, Tier 1, Tier 2). Criteria for review of performance measurements, other than for possible reclassification, shall be whether there exists an omission or failure to captue intended performance, and whether there is duplication of another measurement. The first six-month period wil begin upon the FCC's approval ofQwests 271 application for Washington. After the Commssion considers changes proposed in the six-month review process, it shall determine what set of changes should be embodied in an amended SGAT that Qwest wil fie to effectuate these changes. Parties or the Commssion may suggest more fundamental changes to the plan, but unless the suggestion is highly exigent, the suggestion shall either be declined or deferred until the review described in Section 16.2. 16.1.1 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 industr Regional Oversight Committee (ROC) PID administration forum, those agreements shall be incorporated into the PAP and modify the agreement between CLEC and Qwest at any time those agreements are submitted to the Commission, whether before or after a six-month review. 16.1.2 Nothing in this PAP precludes the Commssion from modifying the PAP based upon its independent state law authority, subject to judicial challenge. Nothing in this PAP constitutes a grant of authority by either part to this agreement nor does it constitute a waiver by either part to this agreement of any claim either part may have that the Commission lacks jursdiction to make any modifications to this PAP, including any modifications resulting from the process described in Section 16.1. Owest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5, 2009 Page 22 . . . Exhibit K.16.1.3 Notwithstanding section 16.1, any part 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 FCC 271 approval of the PAP for the state of Washington, the Commission 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 the Commission in determining existing conditions and reporting to the FCC on the continuing adequacy of the PAP to serve its intended fuctions. 16.3 Five and one-half years after the PAP's effective date, a review shall be conducted with the objective of phasing-out the PAP entirely. The review shall focus on ensurng that phase-out of the PAP is indeed appropriate at that time, and on identifying any submeasures that should continue as part of the PAP..16.4 The PAP neither denies nor grants the Commssion the abilty to join a multi-state effort to conduct PAP reviews or develop a process whereby the multi-state group would have the authority to act on the Commission's behalf. 17.0 Voluntary Performance Assurance Plan This PAP represents Qwest's voluntar offer to provide performance assurnce. Nothing in the PAP or in any conclusion of non-conformance of Qwest's service performance with the standards defined in the PAP shall be construed to be, of itself, non-conformance with the Act. 18.0 Dispute Resolution F or 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 par of its interconnection agreements (i.e., the unique dispute resolution provisions of interconnection agreements should not apply). . Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5,2009 Page 23 Exhibit K Attachment 1: Tier 1 and Tier 2 Performance Measurements Subject to Per Occurrence Payment Performance Measurement Tier 1 Payments Tier 2 Payments Low Med High Low Med High GATEWAY Timely Outage Resolution GA-7 X PRE-ORDER/ORDERS Electronic Order Flow-Through PO-2b'X X LSR Rejection Notice Interval PO-3a,1 X Firm Order Confirmations On Time PO_51 X X Work Completion Notification Timeliness PO_6D1 X Biling Completion Notification Timeliness PO_7°'1 X Jeopardy Notice Interval PO-S X Timely Jeopardy Notices PO-9 X Release Notifications PO-16 X (Expanded) - Manual Service Order Accuracv PO-20C,!X ORDERING AND PROVISIONING Installation Commitments Met OP_3D X X Installation Intervals OP_4d,h X X New Service Quality OP-X X 5a\be,b Delayed Davs OP_6f,b X XNumber Portbility Timeliness OP-S X XCoordinated Cuts On Time - Unbundled Loops OP-13a X X LNP Disconnect Timeliness OP-17 X X MAINTENANCE AND REPAIR Out of Service Cleared within 24 hours MR_3D X All Troubles Cleared within 4 hours MR-5D X Mean time to Restore MR-X 6ab,b\cb, dg,eg Repair Repeat Report Rate MR-7D X XTrouble Rate MR_SD X XLNP Trouble Reports Cleared within Specified MR-ll X XTimeframes BILLING Time to Provide Recorded Usage Records BI-l X X Biling Accuracv-Adjustments for Errors BI-3 X Biling Completeness BI-4 X X NETWORK PERFORMANCE Tru Blocking NI-l X X NXX Code Activation NP-l X X Owest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5, 2009 Page 24 . . . . . . (Exhibit K a. PO-3 is limited to PO-3x and PO-3c. b. PO-6 is included with PO-7 as a "family:" Measurements within the family share a single payment opportity with only the measurements with the highest payment being paid. c. OP-4 is included with OP-6 as five "families:" OP-4a/OP-6-1, OP-4b/OP-6-2, OP-4c/OP-6-3, OP-4d/OP-6-4, and OP-4e/OP-6-5. Measurements within each family share a single payment opportnity 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 puroses 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 EELs - DS 1 level and xDSL-I 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, E91 1/91 1-Trus, 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). However, the UNE-P (POTS) product disaggregation exclusion is conditioned upon the CLEC aggregate volume of orders being equal to or less than 165 for a 90-day (3 calendar months) evaluation period following a 30-day period durng which Qwest wil allow CLECs with existing QPP and QLSP agreements to enter into QLSP agreements for which the PAP terms and conditions apply. The CLEC aggregate order volume wil be based on OP-4 and ifthe condition is met, theUNE-P (POTS) exclusion wil be effective in the calendar month following the evaluation perod. h. Stabilization Period: For each of these new measures/sub-measures that include XML results there wil be a 3- month measurement stabilization period. Durng this period, no payment applies if the payment is determined to have been caused by the development to include XML into the PID results and not due to an actual performance miss. In order to determine the cause of payments durng the stabilization period, if any payments are identified, the payment's due date wil be extended for 30 days to provide Qwest the opportnity to perform root cause analysis and make the results readily available to the impacted parties. Until performance reporting includes XML results, the prior measures/sub-measures included in the PAP will apply. Further, should either the IMA-GUI or IMA-XML interfaces be replaced in the future, results from the replacement interfaces will be automatically incorporated into these measures and be included in the PAP (with a stabilization period) coincident with CLEC migration to the new interaces subject to changes to the impacted measures including but not limited to modification due to operational differences with the replacement interfaces. Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5, 2009 Page 25 'IExhibit K Attachment 2: Performance Measurements Subject to Per Measurement Caps . Biling Time to Provide Recorded Usage Records - BI-l (Tier l/Tier 2) Billng Accuracy - Adjustments for Errors - BI-3 (Tier 1) Biling Completeness - BI-4 (Tier l/Tier 2) . . Qwest Washington SGAT Eighth Revision, Twelfth Amended Exhibit K January 5, 2009 Page 26