HomeMy WebLinkAbout20100324Application.pdf.
.
.
Qwest
1600 7th Avenue, Room 1506
Seattle, Washington 98191
(206) 398.2504Facsimile (206) 343.4040
t.:::' !,'\:l'J "'J
ZIWJ 23 Pri 2: 02
Maura E. Peterson
Paralegal
Regulatory Law Qwest$
Spirit of Service$
Via Overnight delivery
March 22, 2010
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. &LùE :t- to-c)(
Application for Approval of Interconnection Agreement
Dear Ms. Jewell:
Enclosed for filing is an original and thee copies of the Application for Approval of an
Interconnection Agreement between Qwest Corporation and Intrado Communications, 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 concernng the enclosed. Thank you for your
assistance in this matter.
MEP/mep
cc: Service list
.
.
.
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, W A 98191
Telephone: (206) 398-2504
Facsimile: (206) 343-4040
Adam.sherr(gqwest.com
?f/!!J N!p ,
"" 2.' pv . tlf 2: 02
BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION
APPLICATION OF QWEST CASE NO.: ~~E ::-(O -0 L
CORPORATION FOR APPROVAL OF
THE INTERCONNCTION
AGREEMENT FOR THE STATE OF
IDAHO PURUANT TO 47 U.S.C. §252(e)
APPLICATION FOR APPROVAL OF
INTERCONNCTION
Qwest Corporation ("Qwest") hereby fies this Application for Approval of
Interconnection Agreement ("Agreement"). The Agreement with Intrado Communications, Inc.
("Intrado") 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 "AcC).
Section 252(e)(2) of the Act directs that a state Commssion may reject an agreement
reached through voluntary 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 Intrado to
APPLICATION FOR APPROVAL OF INTERCONNCTION AGREEMENT -
INTRADO COMMUNICATIONS, INC.Page 1
.
.
.
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 furher the public interest.
Respectfully submitted this~ day of March, 2010.
~. Sherr
Attorney for Qwest
APPLICATION FOR APPROVAL OF INERCONNCTION AGREEMENT -
INTRO COMMUNICATIONS, INC.Page 2
.
.
.
CERTIFICATE OF SERVICE
I hereby certify that on this 22nd day of March, 2010, 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
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
JJewell (gpuc.state.id.us
Hand Delivery
U. S. Mail
_X_ Overnight Delivery
Facsimile
Email
Thomas C. Hicks
Director-Regulatory
Intrado Communications, Inc.
1601 Dry Creek Drive
Hand Delivery
-- U. S. Mail
Overnight Delivery
Facsimile
Email
,Maura peterson~
APPLICATION FOR APPROVAL OF INTERCONNCTION AGREEMENT -
INRAO COMMCATIONS, INC.
~
Page 3
.
PH
2: (j1~v
BETWEEN
QWEST CORPORATION
ÀND
INTRADOCOMMUNICATIONS INC.
FOR THE STATE OF IDAHO
.
AGREEMENT NUMBER
CDS.1 00112.001 0
.
TABLE OF CONTENTS
SECTION 1.0 - GENERAL TERMS.................................................................................1
SECTION 2.0 -INTERPRETATION AND CONSTRUCTION ..........................................2
SECTION 3.0 - CLEC INFORMATION............................................................................4
SECTION 4.0 - DEFINITIONS............. ........................... ...................... ................... ....... 6
SECTION 5.0 - TERMS AND CONDITIONS ..................................... ............................ 27
5.1 GENERAL PROVISIONS.. ........... ............... .............. ................... ......................... 27
5.2 TERM OF AGREEMENT...................................................................................... 28
5.3 PROOF OF AUTHORIZATION...............................................................................28
5.4 PAyMENT..........................................................................................................29
5.5 TAXES .............................................................................................................31
5.6 INSURANCE............... ............................ ....................... ............................. .......31
5.7 FORCE MAJEURE............................................................................................. 32
5.8 LIMITATION OF LIABILITY ...................................................................................33
5.9 INDEMNITY ........................ ........... .................. ...................... ................ ....... .....33
5.10 INTELLECTUAL PROPERTY.................................................................................. 35
5.11 WARRANTIES ................................................................................................... 37
5.12 ASSiGNMENT.................................. .................................................................. 37
5.13 DEFAULT .........................................................................................................38
5.14 DISCLAIMER OF AGENCy................................................................................... 38
5.15 SEVERABILITY.................................................................................................. 38
5.16 NONDiSCLOSURE............................................................................................. 39
'5.17 SURVIVAL ........................................................................................................41
5.18 DISPUTE RESOLUTION...................................................................................... 41
5.19 CONTROLLING LAW.......................................................................................... 42
5.20 RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION .................................... 42
5.21 NOTiCES.......................................................................................................... 43
5.22 RESPONSIBILITY OF EACH PARTY ................. ....................... ................. ............. 43
5.23 No THIRD PARTY BENEFICIARIES ................. ......................................... ............ 43
5.24 INTENTIONALLY LEFT BLANK............................................................................. 44
5.25 PUBLICiTY........................................................................................................ 44
5.26 EXECUTED IN COUNTERPARTS.......................................................................... 44
5.27 COMPLIANCE................................... .... ................. .................... ............. ........... 44
5.28 COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAW
ENFORCEMENT ACT OF 1994............................................................................ 44
5.29 COOPERATION .................................................................................................44
5.30 AMENDMENTS.................................................................................................. 44
5.31 ENTIRE AGREEMENT......................................................................................... 45
SECTION 6.0 - RESALE ..................... ...... ..... ................................. ................ ............. 46
6.1 DEscRiPTioN................................................................................................... 46
6.2 TERMS AND CONDITIONS ............................. ................................. ....................46
6.3 RATES AND CHARGES.................................. ................... ............ ........... ...........51
6.4 ORDERING PROCESS......................................................................................... 52
6.5 BILLING..................... ............................ ............... ............... ............. ................53
6.6 MAINTENANCE AND REPAIR............ ..... ............... ............................ ...................54
6.7 COMMINGLING OF RESOLD SERVICES WITH UNBUNDLED NETWORK
ELEMENTS AND COMBINATIONS OF UNBUNDLED NETWORK ELEMENTS.... ............ 54
.
.
.
January 13, 201 0/msd/lntrado/lD/CDS-1 00112-001 0
Owest Fourteen State Negotiations Template, December 29,2008
.
.
.
TABLE OF CONTENTS
SECTION 7.0 - INTERCONNECTION...........................................................................55
7.1 INTERCONNECTION FACILITY OPTIONS............................................................... 55
7.2 EXCHANGE OF TRAFFIC .... ......................... ...................... .................................56
7.3 INTERCARRIER COMPENSATION......................................................................... 66
7.4 ORDERING .......................................................................................................71
7.5 JOINTLY PROVIDED SWITCHED ACCESS SERVICES ............................................. 72
7.6 TRANSIT RECORDS...........................................................................................73
7.7 LOCAL INTERCONNECTION DATA EXCHANGE FOR BILLING................................... 73
SECTION 8.0 - COLLOCATION....................................................................................75
8.1 DEScRiPTioN................................................................................................... 75
8.2 TERMS AND CONDlTIONS .................................................................................. 77
8.3 RATE ELEMENTS ............................................................................................110
8.4 ORDERING..................................................................................................... 120
8.5 BILLING. ............ ....................... .................... ................. ......................... ........ 135
8.6 MAINTENANCE AND REPAIR. ............... ........ ... ................. ................................. 136
SECTION 9.0 - UNBUNDLED NETWORK ELEMENTS............. ................................. 138
9.1 GENERAL TERMS.................. ........................ ................. ........ ................. ........ 138
9.2 UNBUNDLED Loops........................................................................................ 151
9.3 SUBLOOP UNBUNDLING ...... ............................................. ...... ................. ........ 170
9.4 INTENTIONALLY LEFT BLANK ........... ........... ............... ....... ...... ......................... 180
9.5 NETWORK INTERFACE DEVICE (NID) .............. ....... ........... ...... ...... ........... ........ 180
9.6 UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT) ..............................184
9.7 UNBUNDLED DARK FIBER...... ................................. ................. ..... ........... ........ 189
9.8 INTENTIONALLY LEFT BLANK ........................................................................... 198
9.9 INTENTIONALLY LEFT BLANK ........................................................................... 198
9.10 INTENTIONALLY LEFT BLANK ............................ .......................... ..... ......... ....... 198
9.11 INTENTIONALLY LEFT BLANK ............................ .................. .......... ............ ....... 198
9.12 INTENTIONALLY LEFT BLANK........................................................................... 198
9.13 INTENTIONALLY LEFT BLANK........................................................................... 198
9.14 INTENTIONALLY LEFT BLANK ........................................................................... 198
9.15 INTENTIONALLY LEFT BLANK.... .................................................. ..... ...... .......... 198
9.16 I NTENTIONALL Y LEFT BLANK........................................................................... 198
9.17 INTENTIONALLY LEFT BLANK............. ....................... ............................. .......... 198
9.18 ADDITIONAL UNBUNDLED ELEMENTS ............................................................... 198
9.19 CONSTRUCTION CHARGES......................... .................. ......................... .......... 198
9.20 INTENTIONALLY LEFT BLANK.......... ...... ...... ................... ..................................200
9.21 LINE SPLITTING.............................................................................................. 200
9.22 INTENTIONALLY LEFT BLANK ............. ...... ............... ........ ................................. 204
9.23 UNBUNDLED NETWORK ELEMENT COMBINATIONS ............................................204
9.24 Loop SPLITTING............................................................................................. 212
9.25 Loop-Mux COMBINATION (LMC) ....................................................................216
SECTION 10.0 - ANCILLARY SERViCES.................................................................. 220
10.1 INTERIM NUMBER PORTABILITY .......................................................... ........ .....220
10.2 LOCAL NUMBER PORTABILITY........................................................................., 227
10.3 911/E911 SERVICE .............................................................................. .......... 234
10.4 WHITE PAGES DIRECTORY LISTINGS SERViCE.................................................. 239
10.5 DIRECTORY ASSISTANCE SERVICE .................................................................. 243
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Owest Fourteen State Negotiations Template, December 29, 2008 ii
TABLE OF CONTENTS
10.6 DIRECTORY ASSISTANCE LIST .........................................................................247
10.7 TOLL AND ASSISTANCE OPERATOR SERViCES.................................................. 251 .
10.8 ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAy........................... 256
SECTION 11.0 - NETWORK SECURITY.. ................ .... ........ ....................... ...............271
SECTION 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)............277
12.1 DESCRIPTION ................................................................................................. 277
12.2 OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROVISIONING. ................ 277
12.3 MAINTENANCE AND REPAIR.... ..................................... ............ ........... .............289
SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS........ ............ ........... ............. 300
SECTION 14.0 - LOCAL DIALING PARITy.... .......... ...... ........ ............ ............ .............301
SECTION 15.0 - QWEST'S OFFICIAL DIRECTORY PUBLISHER ... .......................... 302
SECTION 16.0 - REFERRAL ANNOUNCEMENT ......... ........... .......... ......................... 303
SECTION 17.0 - BONA FIDE REQUEST PROCESS.................................................. 304
SECTION 18.0 - AUDIT PROCESS... ............ .......... ................. ........ ................ ..........307
SECTION 19.0 - CONSTRUCTION CHARGES.......................................................... 310
SECTION 20.0 - SERVICE PERFORMANCE ............................................................. 311
SECTION 21.0 - NETWORK STANDARDS ................................................................312
SECTION 22.0 - SIGNATURE PAGE..........................................................................315
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008
.
.
iii
.
.
.
TABLE OF CONTENTS FOR EXHIBITS
EXHIBIT A Rates
EXHIBIT B Service Performance Indicators
EXHIBIT C Service Interval Tables
EXHIBIT D Owest Right of Way, Pole Attachment and/or Innerduct Occupancy General
Information Document
EXHIBIT E
EXHIBIT F
EXHIBITG
EXHIBITH
EXHIBIT I
EXHIBIT J
EXHIBIT K
Intentionally Left Blank
Special Request Process
Intentionally Left Blank
Calculation of the Relative Use Factor (RUF)
Individual Case Basis (ICB)
Election of Reciprocal Compensation Option
Performance Assurance Plan
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 iv
Section 1
General Terms
Section 1.0 . GENERAL TERMS .1.1 This Agreement for Interconnection, Unbundled Network Elements, ancillary services,
and resale of Telecommunications Services is between Qwest Corporation ("Qwest"), a
Colorado corporation, and Intrado Communications Inc. ("CLEC"), a Delaware corporation,
pursuant to Section 252(f) of the Telecommunications Act of 1996, for purposes of fulfilling
Qwests obligations under Sections 222, 251(a), (b), and (c), 252, and other relevant provisions
of the Act and the rules and regulations promulgated there under.
1.2 Intentionally Left Blank.
1.3 This Agreement sets forth the terms, conditions and pricing under which Qwest will
provide to CLEC network Interconnection, access to Unbundled Network Elements, ancilary
services, and Telecommunications Services available for resale within the geographical areas in
which Qwest is providing local Exchange Service at that time, and for which Qwest is the
incumbent Local Exchange Carrier within the State of Idaho, for purposes of providing local
Telecommunications Services.
1.4 Intentionally Left Blank.
1.5 Intentionally Left Blank.
1.6 Intentionally Left Blank.
1.7 Intentionally Left Blank. l
1.8 With respect to the terms and provisions of this Agreement, Qwest has negotiated the .
Agreement in its entirety, and the inclusion of any particular provision, or rate, term and
condition, is not evidence of the reasonableness thereof when considered apart from all other
provisions of the Agreement.
.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008
.
.
.
Section 2
Interpretation and Construction
Section 2.0 -INTERPRETATION AND CONSTRUCTION
2.1 This Agreement includes this Agreement and all Exhibits appended hereto, each of
which is hereby incorporated by reference in this Agreement and made a part hereof. All
references to Sections and Exhibits shall be deemed to be references to Sections of, and
Exhibits to, this Agreement unless the context shall otherwise require. The headings and
numbering of Sections and Exhibits used in this Agreement are for convenience only and wil
not be construed to define or limit any of the terms in this Agreement or affect the meaning and
interpretation of this Agreement. Unless the context shall otherwise require, any reference to
any statute, regulation, rule, Tariff, technical reference, technical publication, or any publication
of Telecommunications industry administrative or technical standards, shall be deemed to be a
reference to the most recent version or edition (including any amendments, supplements,
addenda, or successor) of that statute, regulation, rule, Tariff, technical reference, technical
publication, or any publication of Telecommunications industry administrative or technical
standards that is in effect. Provided however, that nothing in this Section 2.1 shall be deemed
or considered to limit or amend the provisions of Section 2.2. In the event a change in a law,
rule, regulation or interpretation thereof would materially change this Agreement, the terms of
Section 2.2 shall prevail over the terms of this Section 2.1. In the case of any material change,
any reference in this Agreement to such law, rule, regulation or interpretation thereof wil be to
such law, rule, regulation or interpretation thereof in effect immediately prior to such change
until the processes set forth in Section 2.2 are implemented. The existing configuration of either
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 Qwest or CLEC
concerning the interpretation or effect of the Existing Rules or an admission by Qwest or CLEC
that the Existing Rules should not be changed, vacated, dismissed, stayed or modified. Nothing
in this Agreement shall preclude or estop Qwest or CLEC from taking any position in any forum
concerning the proper interpretation or effect of the Existing Rules or concerning whether the
Existing Rules should be changed, vacated, dismissed, stayed or modified. To the extent that
the Existing Rules are vacated, dismissed, stayed or materially changed or modified, then this
Agreement shall be amended to reflect such legally binding modification or change of the
Existing Rules. Where the Parties fail to agree upon such an amendment within sixty (60) Days
after notification from a 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 CLEC, amended as set forth in this
Section 2.2, to reflect the outcome of generic proceedings by the Commission for pricing,
service standards, or other matters covered by this Agreement. Rates in Exhibit A wil reflect
legally binding decisions of the Commission and shall be applied on a prospective basis from
the effective date of the legally binding Commission decision, unless otherwise ordered by the
Commission. Where a Party provides notice to the other Party within thirty (30) Days of the
effective date of an order issuing a legally binding change, any resulting amendment shall be
deemed effective on the effective date of the legally binding change or modification of the
Existing Rules for rates, and to the extent practicable for other terms and conditions, unless
otherwise ordered. In the event neither Party provides notice within thirty (30) Days, the
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 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.
2.2.1 In addition to, but not in limitation of, Section 2.2 above, nothing in this
Agreement shall be deemed an admission by Qwest or CLEC concerning the
interpretation or effect of any rule, regulation, statute, or interpretations thereof, including
but not limited to the FCC's Triennial Review Order and/or its Triennial Review Remand
Order and state rules, regulations, and laws as they may be issued or promulgated.
Nothing in this Agreement shall preclude or estop Qwest or CLEC from taking any
position in any forum concerning the proper interpretation or effect of any rule,
regulation, or statute, or concerning whether the foregoing should be changed, vacated,
dismissed, stayed or modified.
2.3 Unless otherwise specifically determined by the Commission, in cases of conflict
between this Agreement and Qwests Tariffs, Qwest Product Catalog (PCAT), methods and
procedures, technical publications, policies, product notifications or other Qwest documentation
relating to Qwests or CLEC's rights or obligations under this Agreement, then the rates, terms,
and conditions of this Agreement shall prevaiL. To the extent another document abridges or
expands the rights or obligations of either Party under this Agreement, the rates, terms and
conditions of this Agreement shall prevaiL..
.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 3
.
.
.
Section 3
CLEC Information
Section 3.0. CLEC INFORMATION
3.1 Except as otherwise required by law, Qwest will not provide or establish Interconnection,
Unbundled Network Elements, ancillary services and/or resale of Telecommunications Services
in accordance with the terms and conditions of this Agreement prior to CLEC's execution of this
Agreement. The Parties shall complete Qwests "New Customer Questionnaire," as it applies to
CLEC's obtaining of Interconnection, Unbundled Network Elements, 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 Billng
OSS and Network Outage Notification Contact Information
System Administration Contact Information
Ordering Information for LIS Trunks, Collocation, and Associated Products (if CLEC
plans to order these services)
Design Layout Request - LIS Trunking and Unbundled Loop (if CLEC plans to order
these services)
3.2.1 The remainder of this questionnaire must be completed within two (2) weeks
of completing the initial portion of the questionnaire. This questionnaire wil be used to:
Determine geographical requirements;
Identify CLEC identification codes;
Determine Qwest system requirements to support CLEC's specific activity;
Collect credit information;
Obtain Billing information;
Create summary bils;
Establish input and output requirements;
Create and distribute Qwest and CLEC contact lists; and
Identify CLEC hours and holidays.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 4
Section 3
CLEC Information
3.2.2 CLECs that have previously completed a Questionnaire need not fill out a
New Customer Questionnaire; however, CLEC wil update its New Customer .
Questionnaire with any changes in the required information that have occurred and
communicate those changes to Qwest. Before placing an order for a new product,
CLEC will need to complete the relevant New Product Questionnaire and amend this
Agreement.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 5
.
.
.
.
.
Section 4
Definitions
Section 4.0 - DEFINITIONS
"Access Service Request" or "ASR" means the industry guideline forms and supporting
documentation used for ordering Access Services. The ASR will be used to order trunking and
facilities between CLEC and Qwest for Local Interconnection Service.
"Access Services" refers to the interstate and intrastate switched . access and private line
transport services offered for the origination and/or termination of interexchange traffic.
"Access Tandem Switch" is a Switch used to connect End Office Switches to interexchange
Carrier Switches. Qwests Access Tandem Switches are also used to connect and switch traffc
between and among Central Office Switches within the same LATA and may be used for the
exchange of local traffic.
"Act" means the Communications Act of 1934 (47 U.S.C. § 151 et. seq.), as amended and as
from time to time interpreted in the duly authorized rules and regulations of the FCC or the
Commission.
"Advanced Services" refers to high speed, switched, broadband, wireline Telecommunications
capability that enables users to originate and receive high-quality, voice, data, graphics or video
Telecommunications using any technology.
"Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with,. another person. For purposes of this paragraph,
the term 'own' means to own an equity interest (or the equivalent thereof) of more than 10
percent.
"AMI T1" is a transmission system sometimes used on loops to transmit DS1 signals (1.544
Mbps) using Alternate Mark Inversion (AMI) line code.
"Applicable Law" means all laws, statutes, common law, ordinances, codes, rules, guidelines,
orders, permits and approval of any governmental regulations, including, but not limited to, the
Act, the regulations, rules, and final orders of the FCC and the Commission, and any final
orders and decisions of a court of competent jurisdiction reviewing the regulations, rules, or
orders of the FCC or the Commission.
"Application Date" or "APP" means the date CLEC provides Qwest an application for service
containing required information as set forth in this Agreement.
"ATIS" or "Alliance for Telecommunications Industry Solutions" is a North American
telecommunication industry standards forum which, through its committees and working groups,
creates, and publishes standards and guidelines designed to enable interoperability and
Interconnection for Telecommunications products and services. ATIS Standards and
Guidelines, as well as the standards of other industry fora, are referenced herein.
"Automated Message Accounting" or "AMA" is the structure inherent in Switch technology that
initially records telecommunication message information. AMA format is contained in the AMA
document, published by Telcordia Technologies, or its successors, as GR-1100-CORE which
defines the industry standard for message recording.
January 13, 201 0/msd/lntrado/lD/CDS-1 00112-001 0
Qwest Fourteen State Negotiations Template, December 29,2008 6
Section 4
Definitions
"Automatic Location Identification" or "ALI" is the automatic display at the Public Safety .
Answering Point (PSAP) of the caller's telephone number, the address/location of the telephone
and supplementary emergency services information for Enhanced 911 (E911).
"Automatic Location Identification/Database Management System" or "AU/DBMS" is an
Enhanced 911/ (E911) database containing End User Customer location information (including
name, service address, telephone number, and sometimes special information from the local
service provider) used to determine to which Public Safety Answering Point (PSAP) to route the
call and used by the PSAP for emergency call handling (Le., dispatch of emergency aid).
"Automatic Location Identification Gateway" or "AU Gateway" is a computer facility into which
CLEC delivers Automatic Location Identification (AU) data for CLEC Customers. Access to the
ALI Gateway wil be via a dial-up modem using a common protocol.
"Automatic Number Identification" or "ANI" is the Biling telephone number associated with the
access line from which a call originates. ANI and Callng Party Number (CPN) usually are the
same number.
"Automatic Route Selection" or "ARS" is a service feature that provides for automatic selection
of the least expensive or most appropriate transmission facility for each call based on criteria
programmed into a circuit Switch routing table or system.
"Basic Exchange Telecommunications Service" means, unless otherwise defined in
Commission rules and then it shall have the meaning set forth therein, a service offered to End
User Customers which provides the End User Customer with a telephonic connection to, and a
unique local telephone number address on, the public switched telecommunications network, .
and which enables such End User Customer to generally place calls to, or receive calls from,
other stations on the public switched telecommunications network. Basic residence and
business line services are Basic Exchange Telecommunications Services. As used solely in the
context of this Agreement and unless otherwise agreed, Basic Exchange Telecommunications
Service includes access to ancillary services such as 911, directory assistance and operator
services.
"Bill Date" means the date on which a Biling period ends, as identified on the bilL.
"Billing" involves the provision of appropriate usage data by one Telecommunications Carrier to
another to facilitate Customer Billing with attendant acknowledgments and status reports. It
also involves the exchange of information between Telecommunications Carriers to process
claims and adjustments.
"Binder Groups" mean the sub-units of a cable, usually in groups of 25, 50 or 100 color-coded
twisted pairs wrapped in colored tape within a cable.
"Bona Fide Request" or "BFR"shall have the meaning set forth in Section 17.
"Bridged Tap" means the unused sections of a twisted pair subtending the Loop between the
End User Customer and the Serving Wire Center or extending beyond the End User Customer's
location.
"Business Line" means a Qwest-owned switched access line used to serve a business
customer, whether by Owest itself or by CLEC that leases the line from Owest. The number of .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 7
.
.
Section 4
Definitions
Business Lines in a Wire Center shall equal the sum of all Qwest business switched access
lines, plus the sum of all UNE loops connected to that Wire Center, including UNE loops
provisioned in combination with other unbundled elements. Among these requirements,
Business Line talles (1) shall include only those access lines connecting End User Customers
with Qwest end-offices for switched services; (2) shall not include non-switched special access
lines; and (3) shall account for ISDN and other digital access lines by counting each 64 kbps-
equivalent as one line. For example, a DS1 line corresponds to twenty-four (24) 64 kbps-
equivalents, and therefore to twenty-four (24) Business Lines.
"Busy Line Verify/Busy Line Interrupt" or "BLV/BLI Traffic" means a call to an operator service in
which the caller inquires as to the busy status of or requests an interruption of a call on another
End User Customer's Basic Exchange Telecommunications Service line.
"Calling Party Number" or "CPN" is a Common Channel Signaling (CCS) parameter which
refers to the ten digit number transmitted through a network identifyihg the calling party.
Reference Qwest Technical Publication 77342.
"Carrier" or "Common Carriet' See Telecommunications Carrier.
"Carrier Liaison Committee" or "CLC" is under the auspices of ATIS and is the executive
oversight committee that provides direction as well as an appeals process to its subtending fora,
the Network Interconnection Interoperability Forum (NIIF), the Ordering and Biling Forum
(OBF), the Industry Numbering Committee (INC), and the Toll Fraud Prevention Committee
(TFPC). On occasion, the CLC commissions ad hoc committees when issues do not have alogical home in one of the subtending forums. OBF and NIMC publish business process rules
for their respective areas of concern.
"Central Office" means a building or a space within a building where transmission facilities or
circuits are connected or switched.
"Central Office Switch" means a Switch used to provide Telecommunications Services,
including, but not limited to:
"End Office Switches" which are used to terminate End User Customer station Loops, or
equivalent, for the purpose of interconnecting to each other and to trunks; and
"Tandem Offce Switches" (or "Tandem Switches") which are used to connect and switch
trunk circuits between and among other End Office Switches. CLEC Switch (es) shall be
considered Tandem Offce Switch (es) to the extent such Switch (es) serve( s) a
comparable geographic area as Qwests Tandem Offce Switch. A fact-based
consideration by the Commission of geography should be used to classify any Switch on
a prospective basis.
"Centralized Automatic Message Accounting" or "CAMA" trunks are trunks using MF signaling
protocol used to record Billng data.
"Centralized Message Distribution System" or "CMDS" means the operation system that Local
Exchange Carriers use to exchange outcollect and lABS access messages among each other
and other parties connected to CMDS.
. "Centrex" shall have the meaning set forth in Section 6.2.2.9.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 8
Section 4
Definitions
"Charge Number" is a Common Channel Signaling parameter, which refers to the number,
transmitted through the network identifying the Biling number of the callng party. Charge .
Number frequently is not the Callng Party Number (CPN).
"Collocation" is an arrangement where Owest provides space in Owest Premises for the
placement of CLEC's equipment to be used for the purpose of Interconnection or access to
Owest Unbundled Network Elements.
"Collocation - Point of Interconnection" or "C-POI" is the point outside Owests Wire Center
where CLEC's fiber facility meets Owests Fiber Entrance Facility, except where CLEC uses an
Express Fiber Entrance Facility. In either case, Owest will extend or run the Fiber Entrance
Facilty to CLEC's Collocation Space.
"Commercial Mobile RadiO Service" or "CMRS" is defined in 47 U.S.C. § 332 and FCC rules
and orders interpreting that statute.
"Commingling" means the connecting, attaching, or otherwise linking of an Unbundled Network
Element, or a Combination of Unbundled Network Elements, to one or more facilities or services
that a requesting Telecommunications Carrier has obtained at wholesale from Owest, or the
combination of an Unbundled Network Element, or a Combination of Unbundled Network
Elements, with one or more such facilities or services.
"Commingle" means the act of Commingling.
"Commission" means the Idaho Public Utilities Commission.
"Common Channel Signaling" or "CCS" means a method of exchanging call set up and network .
control data over a digital signaling network fully separate from the Public Switched Network
that carries the actual call. Signaling System 7 ("SS?") is currently the preferred CCS method.
"Communications Assistance for Law Enforcement Act" or "CALEA" refers to the duties and
obligations of Carriers to assist law enforcement agencies by intercepting communications and
records, and installing pen registers and trap and trace devices.
"Competitive Local Exchange Carrier" or "CLEC" refers to a Party that has submitted a request,
pursuant to this Agreement, to obtain Interconnection, access to Unbundled Network Elements,
ancillary services, or resale of Telecommunications Services. CLEC is an entity authorized to
provide local Exchange Service that does not otherwise qualify as an Incumbent Local
Exchange Carrier (ILEC).
"Confidential Information" shall have the meaning set forth in Section 5.16.
"Cross Connection" is a cabling scheme between cabling runs, subsystems, and equipment
using patch cords or jumper wires that attach to connection hardware on each end.
"Current Service Provider" means the Party from which an End User Customer is planning to
switch its local Exchange Service or the Party from which an End User Customer is planning to
port its telephone number(s).
"Custom Callng Features" comprise a group of features provided via a Central Office Switch
without the need for special Customer Premises Equipment. Features include, but are not .
January 13, 2010/msdllntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 9
Section 4
Definitions.limited to, call waiting, 3-way callng, abbreviated dialing (speed callng), call forwarding, and
series completing (busy or no answer).
"Custom Local Area Signaling Service" or "CLASS" is a set of call-management service features
consisting of number translation services, such as call forwarding and caller identification,
available within a Local Access and Transport Area ("LATA"). Features include, but are not
limited to, automatic callback, automatic recall, callng number delivery, Customer originated
trace, distinctive ringing/call waiting, selective call forwarding and selective call rejection.
"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.
"Customer Premises Equipment" or "CPE" means equipment employed on the premises of a
Person other than a Carrier to originate, route or terminate Telecommunications (e.g., a
telephone, PBX, modem pool, etc.).
"Customer Usage Data" means the Telecommunications Service usage data of CLEC's
Customer, measured in minutes, sub-minute increments, message units or otherwise, that is
recorded by Owest AMA equipment and forwarded to CLEC.
"Dark Fiber" shall have the meaning set forth in Section 9.7.1.
"Data Local Exchange Carrier" or "DLEC" is a CLEC interconnecting primarily for purposes of
transporting data.
. "Day" means calendar days unless otherwise specified.
"Dedicated Transport" means Owest transmission facilities between Wire Centers or switches
owned by Owest, or between Wire Centers or switches owned by Owest and switches owned
by CLEC, including, but not limited to, DS1, DS3, and OCn-capacity level services, as well as
Dark Fiber, dedicated to a particular End User Customer or carrier.
"Demarcation Point" means the point where Owest owned or controlled facilities cease, and
CLEC, End User Customer, premises owner or landlord ownership or control of facilities begin.
"Designed, Verified and Assigned Date" or "DVA" means the date on which implementation
groups are to report that all documents and materials have been received and are complete.
"Desired Due Date" means the desired service activation date as requested by CLEC on a
service order.
"Dialing Parity" shall have the meaning set forth in Section 14.1.
.
"Digital Cross Connect System" or "DCS" is a function which provides automated Cross
Connection of Digital Signal Level 0 (DSO) or higher transmission bit rate digital channels within
physical interface facilities. Types of DCS include but are not limited to DCS 1/0s, DCS 3/1s,
and DCS 3/3s, where the nomenclature 1/0 denotes interfaces typically at the DS1 rate or
greater with Cross Connection typically at the DSO rate. This same nomenclature, at the
appropriate rate substitution, extends to the other types of DCS specifically cited as 3/1 and 3/3.
Types of DCS that cross connect Synchronous Transport Signal level 1 (STS-1 s) or other
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 10
Section 4
Definitions
Synchronous Optical Network (SONET) signals (e.g., STS-3) are also DCS, although not
denoted by this same type of nomenclature. DCS may provide the functionality of more than .
one of the aforementioned DCS types (e.g., DCS 3/3/1 which combines functionality of DCS 3/3
and DCS 3/1). For such DCS, the requirements will be, at least, the aggregation of
requirements on the "component" DCS. In locations where automated Cross Connection
capabilty does not exist, DCS wil be defined as the combination of the functionality provided by
a Digital Signal Cross Connect (DSX) or Light Guide Cross Connect (LGX) patch panels and D4
channel banks or other DSO and above multiplexing equipment used to provide the function of a
manual Cross Connection. Interconnection is between a DSX or LGX to a Switch, another
Cross Connection, or other service platform device.
"Digital Signal Level" means one of several transmission rates in the time-division multiplex
hierarchy.
"Digital Signal Level 0" or "DSO" is the 64 Kbps standard speed for digitizing one voice
conversation using pulse code modulation. There are twenty-four (24) DSO channels in a DS1.
"Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS1 is
the initial level of multiplexing. There are twenty-eight (28) DS1 s in a DS3.
"Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS3 is
defined as the third level of multiplexing.
"Digital Subscriber Line Access Multiplexer" or "DSLAM" is a network device that: (i) aggregates.
lower bit rate DSL signals to higher bit-rate or bandwidth signals (multiplexing) and (ii)
disaggregates higher bit-rate or bandwidth signals to lower bit-rate DSL signals (de-
multiplexing). DSLAMs can connect DSL Loops with some combination of CLEC ATM, Frame
Relay, or IP networks. The DSLAM must be located at the end of a copper Loop nearest the
Serving Wire Center (e.g., in a Remote Terminal, Central Offce, or an End User Customer's
premises).
"Digital Subscriber Loop" or "DSL" refers to a set of service-enhancing copper technologies that
are designed to provide digital communications services over copper Loops either in addition to
or instead of normal analog voice service, sometimes referred to herein as xDSL, including, but
not limited to, the following:
"ADSL" or "Asymmetric Digital Subscriber Line" is a Passband digital loop transmission
technology that typically permits the transmission of up to 8 Mbps downstream (from the
Central Office to the End User Customer) and up to 1 Mbps digital signal upstream (from
the End User Customer to the Central Office) over one (1) copper pair.
"HDSL" or "High-Data Rate Digital Subscriber Line" is a synchronous baseband DSL
technology operating over one or more copper pairs. HDSL can offer 784 Kbps circuits
over a single copper pair, T1 service over two (2) copper pairs, or future E1 service over
three (3) copper pairs.
"HDSL2" or "High-Data Rate Digital Subscriber Line 2" is a synchronous baseband DSL
technology operating over a single pair capable of transporting a bit rate of 1.544 Mbps..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 11
Section 4
Definitions."IDSL" or "ISDN Digital Subscriber Line" or "Integrated Services Digital Network Digital
Subscriber Line" is a symmetrical, baseband DSL technology that permits the bi-
directional transmission of up to 128 Kbps using ISDN CPE but not circuit switching.
"SDSL" or "Symmetric Digital Subscriber Line" is a baseband DSL transmission
technology that permits the bi-directional transmission from up to 160 kbps to 2.048
Mbps on a single pair.
"VDSL" or "Very High Speed Digital Subscriber Line" is a baseband DSL transmission
technology that permits the transmission of up to 52 Mbps downstream (from the Central
Office to the End User Customer) and up to 2.3 Mbps digital signal upstream (from the
End User Customer to the Central Office). VDSL can also be 26 Mbps,symmetrical, or
other combination.
"Directory Assistance Database" shall have the meaning set forth in Sections 10.5.2.2, 10.5.2.8,
and 10.5.2.9.
"Directory Assistance Lists" shall have the meaning set forth in Section 10.6.1.1.
.
"Directory Assistance Service" includes, but is not limited to, making available to callers, upon
request, information contained in the Directory Assistance Database. Directory Assistance
Service includes, where available, the option to complete the call at the caller's direction.
"Directory Listings" or "Listings" are any information identifying the listed names of subscribers
of a Telecommunications Carrier and such subscribers' telephone numbers, addresses, or
primary advertising classifications (as such classifications are assigned at the time of the
establishment of such service), or any combination of such listed names, numbers, addresses
or classifications: (1) that the Telecommunications Carrier provides or uses for the purpose of
publishing the Listings in any directory format; or (2) that the Telecommunications Carrier
provides or uses in Directory Assistance Service, Directory Assistance List Service, or for other
lawful purposes.
"Disturber" is defined as a technology recognized by industry standards bodies that significantly
degrades service using another technology (such as how AMI T1x affects DSL).
"DSX Panel" means a cross connect bay or panel used for the termination of equipment and
facilities operating at digital rates.
"Due Date" means the specific date on which the requested service is to be available to CLEC
or to CLEC's End User Customer, as applicable.
"Effective Date" shall have the meaning set forth in Section 5.2.1.
"Electronic Bonding" is a real-time and secure electronic exchange of data between information
systems in separate companies. Electronic Bonding allows electronic access to services which
have traditionally been, handled through manual means. The heart of Electronic Bonding is
,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..
January 13, 2010/msdllntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template. December 29, 2008 12
Section 4
Definitions
"Electronic File Transfet' means any system or process that utilizes an electronic format and .
protocol to send or receive data files.
"Emergency Service Numbet' or "ESN" is a three to five digit number representing a unique
combination of Emergency Response Agencies (law enforcement, fire and emergency medical
service) designed to serve a specific range of addresses within a particular geographical area.
The ESN facilitates Selective Routing and transfer, if required, to the appropriate PSAP and the
dispatch of proper Emergency Response Agency(ies).
"End User Customer" means a third party retail Customer that subscribes to a
Telecommunications Service provided by either of the Parties or by another Carrier or by two (2)
or more Carriers.
"Enhanced 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 1 0.3.1.
"Environmental Hazard" means any substance the presence, use, transport, abandonment or
disposal of which (i) requires investigation, remediation, compensation, fine or penalty under
any Applicable Law (including, without limitation, the Comprehensive Environmental Response
Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource
Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar .
purposes in applicable foreign, state and local jurisdictions) or (ii) poses risks to human health,
safety or the environment (including, without limitation, indoor, outdoor or orbital space
environments) and is regulated under any Applicable Law.
"Exchange Access" shall have the same meaning as in the Act.
"Exchange Message Interface" or "EMI" means the format used for exchange of
Telecommunications message information among Telecommunications Carriers. It is
referenced in the 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, settlement and study data. EMR format is contained in BR-01 0-200-01 0
CRIS Exchange Message Record, a Telcordia document that defines industry standards for
exchange message records.
"Exchange Service" or "Extended Area Service (EAS)/Local Traffic" means traffic that is
originated and terminated within the Local Callng Area as defined in Qwests Southern Idaho
and Northern Idaho Exchange and Network Services Catalogs.
"FCC" means the Federal Communications Commission.
"Fiber-based Collocatot' means any carrier, unaffiliated with Qwest, that maintains a Collocation
arrangement in a Qwest Wire Center, with active electrical power supply, and operates a fiber- .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 13
Section 4
Definitions.optic cable or comparable transmission facility that (1) terminates at a Collocation arrangement
within the Wire Center; (2) leaves the Qwest Wire Center premises; and (3) is owned by a party
other than Qwest or any affiliate of Qwest, except as set forth in this paragraph. Dark fiber
obtained from Qwest on an indefeasible right of use basis shall be treated as non-Qwest fiber-
optic cable. Two (2) or more affiliated Fiber-based Collocators in a single Wire Center shall
collectively be counted as a single Fiber-based Collocator. For purposes of this definition, the
term "affiliate" is defined by 47 U.S.C. § 153(1).
"Fiber Meet" means an Interconnection architecture method whereby the Parties physically
interconnect their networks via an optical fiber interface (as opposed to an electrical interface) at
a mutually-agreed-upon location.
"Finished Services" means complete end-to-end services offered by Qwest to wholesale
customers or retail End User Customers. Finished Services do not include Unbundled Network
Elements or combinations of Unbundled Network Elements. Finished Services include Access
Services, private lines, retail services, and resold services.
"Firm Order Confirmation" or "FOC" means the notice Qwest provides to CLEC to confirm that
CLEC's Local Service Order (LSR) has been received and has been successfully processed.
The FOC confirms the schedule of dates committed to by Qwest for the Provisioning of the
service req uested.
.
"Hub Provider" means an entity that (i) provides Common Channel Signaling (SS7) connectivity
between the networks of service providers that are not directly connected to each other; or (ii)
provides third party database services such as L1DB. The SS7 messages received by Hub
Providers are accepted or rejected by the Hub Provider depending on whether a contractual
arrangement exists between the Hub Provider and the message originator (sender) and whether
the message originator has contracted for the type of SS7 messages being submitted for
transmission to the Hub Provider.
"Individual Case Basis" or "ICB" shall have the meaning set forth in Exhibit i.
"Information Service" is the offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilzing, or making available information via
Telecommunications, and includes electronic publishing, but does not include any use of any
such capability for the management, control, or operation of a Telecommunications system or
the management of a Telecommunications Service.
"Integrated Digital Loop Carrier" means a subscriber loop carrier system, which integrates
multiple voice channels within the Switch on a DS1 level signaL.
"Integrated Services Digital Network" or "ISDN" refers to a digital circuit switched network
service. Basic Rate ISDN (BRI) provides for channelized (two (2) bearer and one (1) data) end-
to-end digital connectivity for the transmission of voice or data on either or both bearer channels
and packet data on the data channeL. Primary Rate ISDN (PRI) provides for twenty-three (23)
bearer channels and one (1) data channeL. For BRI, the bearer channels operate at 64 Kbps
and the data channel at 16 Kbps. For PRI, all twenty-four (24) channels operate at 64 Kbps or
1.5 Mbps..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 14
Section 4
Definitions
"Interconnection" is as described in the Act and refers to the connection between networks for
the purpose of transmission and routing of telephone Exchange Service traffic, Exchange .
Access and Jointly Provided Switched Access traffc.
"Interconnection Agreement" or "Agreement" is an agreement entered into between Owest and
CLEC for Interconnection, Unbundled Network Elements or other services as a result of
negotiations, adoption and/or arbitration or a combination thereof pursuant to Section 252 of the
Act. When CLEC signs and delivers a copy of this Agreement to Owest pursuant to the notice
provision of the Agreement, it becomes the Interconnection Agreement between the Parties
pursuant to Section 252( e) of the Act.
"Interexchange Carriet' or "IXC" means a Carrier that provides InterLATA or IntraLATA Toll
services.
"Interexchange Service" means telecommunications service between stations in different
exchange areas. Modification of Final Judgment, § IV(K), reprinted in United States v. Am. Tel.
& Tel. Co., 552 F. Supp. 131, 229 (D. D.C. 1982) (defining "interexchange telecommunications"
as "telecommunications between a point or points located in one exchange telecommunications
area and a point or points located in one or more other exchange areas or a point outside an
exchange area").
"Interim Number Portabilty" or "INP" is a method of number portability, such as Remote Call
Forwarding ("RCF") or any other comparable and technically feasible arrangement, that allows
one Party to port telephone numbers from its network to the other Party's network with as little
impairment of quality, reliability and convenience to the customer as possible, but does not
comply with the Local Number Portability performance criteria set forth in 47 C.F.R. Section .
52.23(a).
"lnterLATA Traffc" describes Telecommunications between a point located in a Local Access
and. Transport Area ("LATA") and a point located outside such area.
"Interoperability" means the ability of a Owest OSS Function to process seamlessly (Le., without
any manual intervention) business transactions with CLEC's OSS application, and vice versa,
by means of secure exchange of transaction data models that use data fields and usage rules
that can be received and processed by the other Party to achieve the intended OSS Function
and related response. (See also Electronic Bonding.)
"lntraLATA LEC Toll" means IntraLATA Toll traffic carried solely by a Local Exchange Carrier
and not by an IXC.
"lntraLATA Toll Traffic" describes IntraLATA Traffic outside the Local Callng Area.
"LERG Reassignment" or "NXX Reassignment" means the reassignment of an entire NXX code
shown in the LERG from one Carrier to another Carrier.
"Line Side" refers to End Offce Switch connections that have been programmed to treat the
circuit as a local line connected to a terminating station (e.g., an End User Customer's
telephone station set, a PBX, answering machine, facsimile machine or computer).
"Local Access Transport Area" or "LATA" is as defined in the Act..
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 15
.
Section 4
Definitions
"Local Calling Area" is a geographically defined area as established by the effective tariffs of
Qwest as approved by the Commission.
"Local Exchange Carrier" or "LEC" means any Carrier that is engaged in the provision of
telephone Exchange Service or Exchange Access. Such term does not include a Carrier insofar
as such Carrier is engaged in the provision of a commercial mobile service under Section 332(c)
of the Act, except to the extent that the FCC finds that such service should be included in the
definition of such term.
"Local Exchange Routing Guide" or "LERG" means a Telcordia Technologies Reference
Document used by LECs and IXCs to identify NPA-NXX routing and homing information as well
as Network Element and equipment designations.
"Local Interconnection Service or "LIS" Entrance Facility" is a DS1 or DS3 facility that extends
from CLEC's Switch location or Point of Interconnection (POi) to the Qwest Serving Wire
Center. An Entrance Facility may not extend beyond the area served by the Qwest Serving
Wire Center.
"Local Interconnection Service" or "LIS" is the Qwest product name for its provision of
Interconnection as described in Section 7 of this Agreement.
"Local Number Portability" or "LNP" shall have the meaning set forth in Section 1 0.2.1.1.
"Local Service Ordering Guide" or "LSOG" is a document developed by the OBF to establish
industry-wide ordering and Biling processes for ordering local services.
. "Local Service Request" or "LSR" means the industry standard forms and supporting
documentation used for ordering local services.
.
"Local Tandem Switch" is a Qwest switch used to connect and switch trunk circuits between
End Offce Switches for traffic within an EAS/Local callng area.
"Location Routing Number" or "LRN" means a unique ten- (10)-digit number assigned to a
Central Office Switch in a defined geographic area for call routing purposes. This ten- (10)-digit
number serves as a network address and the routing information is stored in a database.
Switches routing calls to subscribers whose telephone numbers are in portable NXXs perform a
database query to obtain the Location Routing Number that corresponds with the Switch serving
the dialed telephone number. Based on the Location Routing Number, the querying Carrier
then routes the call to the Switch serving the ported number. The term "LRN" may also be used
to refer to a method of LNP.
"Long Distance Service" (see "Interexchange Service").
"Loop" or "Unbundled Loop" shall have the meaning set forth in Section 9.2.1.
"Loop Concentrator/Multiplexer" or "LCM" is the Network Element that does one or more of the
following:
aggregates lower bit rate or bandwidth signals to higher bit rate or bandwidth signals
(multiplexing);
January 13, 201 O/msd/lntrado/l D/CDS-1 00112-00 1 0
Qwest Fourteen State Negotiations Template, December 29, 2008 16
Section 4
Definitions
disaggregates higher bit rate or bandwidth signals to lower bit rate or bandwidth signals(demultiplexing); .
aggregates a specified number of signals or channels to fewer channels (concentrating);
performs signal conversion, including encoding of signals (e.g., analog to digital and
digital to analog signal conversion); or
in some instances performs electrical to optical (E/O) conversion.
LCM includes DLC, and D4 channel banks and may be located in Remote Terminals or
Central Offices.
"Main Distribution Frame" or "MDF" means a Qwest distribution frame (e.g., COSMICTM frame)
used to connect Qwest cable pairs and line and trunk equipment terminals on a Qwest switching
system.
"Maintenance and Repair" involves the exchange of information between Carriers where one
initiates a request for maintenance or repair of existing products and services or Unbundled
Network Elements or combinations thereof from the other with attendant acknowledgments and
status reports in order to ensure proper operation and functionality of facilities.
"Maintenance of Service charge" is a Miscellaneous Charge that relates to trouble isolation work
performed by Qwest. Basic Maintenance of Service charges apply when the Qwest technician
performs work during standard business hours. Overtime Maintenance of Service charges
apply when the Qwest technician performs work on a business day, but outside standard
business hours, or on a Saturday. Premium Maintenance of Service charges apply when the .
Qwest technician performs work on either a Sunday or Qwest recognized holiday.
"Master Street Address Guide" or "MSAG" is a database of street names and house number
ranges within their associated communities defining particular geographic areas and their
associated ESNs to enable proper routing of 911 calls.
"Meet Point" is a point of Interconnection between two (2) networks, designated by two (2)
Telecommunications Carriers, at which one Carrier's responsibility for service begins and the
other Carrier's responsibility ends.
"Meet-Point Biling" or "MPB" or "Jointly Provided Switched Access" or "JPSA" refers to an
arrangement whereby two (2) or more LECs (including a LEC and CLEC) receive traffic in the
same LATA that the call is to be terminated in or originated from, and jointly provide Switched
Access Service to an Interexchange Carrier, with each LEC (or CLEC) receiving an appropriate
share of the revenues from the IXC as defined by their effective switched access Tariffs.
"Mid-Span Meet" means an Interconnection between two (2) networks, designated by two (2)
Telecommunications Carriers, whereby each provides its own cable and equipment up to the
Meet Point of the cable facilities.
"Mid-Span Meet POi" A Mid-Span Meet POi is a negotiated Point of Interface, limited to the
Interconnection of facilities between the Qwest Serving Wire Center location and the location of
the CLEC switch or other equipment located within the area served by the Qwest Serving Wire
Center..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 17
Section 4
Definitions."Miscellaneous Charges" mean charges that apply for miscellaneous services provided at
CLEC's request or based on CLEC's actions that result in miscellaneous services being
provided by Qwest, as described in this Agreement.
"Mobile Wireless Service" means all mobile wireless telecommunications services, including
commercial mobile radio service (CMRS). CMRS includes paging, air-ground radio, telephone
service and offshore radiotelephone services, as well as mobile telephony services, such as the
service offerings of carriers using cellular radiotelephone, broadband PCS and SMR licenses.
"Multiple Exchange Carrier Access Biling" or "MECAB" refers to the document prepared by the
Biling Committee of the Ordering and Billng Forum (OBF), which functions under the auspices
of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry
Solutions (ATIS). The MECAB document, published by ATIS (0401004-0009), contains the
recommended guidelines for the Biling of an access service provided by two (2) or more LECs
(including a LEC and a CLEC), or by one (1) LEC in two (2) or more states within a single LATA.
"Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for Access Services -
Industry Support Interface, refers to the document developed by the Ordering/Provisioning
Committee under the auspices of the Ordering and Billng Forum (OBF), which functions under
the auspices of the Carrier Liaison Committee (CLC) of the Allance for Telecommunications
Industry Solutions (ATIS). The MECOD document, published by ATIS (0404120-0006),
contains recommended guidelines for processing orders for access service which is to be
provided by two (2) or more LECs (including a LEC and a CLEC).
."N-1 Carrier" means the Carrier in the call routing process immediately preceding the
terminating Carrier. The N-1 Carrier is responsible for performing the database queries (under
the FCC's rules) to determine the LRN value for correctly routing a call to a ported number.
"National Emergency Number Association" or "NENA" is an association which fosters the
technological advancement, availability and implementation of 911 Service nationwide through
research, planning, training, certification, technical assistance and legislative representation.
"Near Real Time" means that Qwests OSS electronically receives a transaction from CLEC,
automatically processes that transaction, returns the response to that transaction to CLEC in an
automatic event driven manner (without manual intervention) via the interface for the OSS
function in question. Except for the time it takes to send and receive the transaction between
Qwests and CLEC's OSS application, the processing time for Qwests representatives should
be the same as the processing time for CLEC's representatives. Current benchmarks using
TCIF 98-006 averages between two (2) and four (4) seconds for the connection and an average
transaction transmittaL. The specific agreed metrics for Near Real Time transaction processing
will be contained in the Performance Indicator Definitions (PIDs), where applicable.
"Network Element" is a facility or equipment used in the provision of Telecommunications
Service. It also includes features, functions, and capabilities that are provided by means of
such facility or equipment, including subscriber numbers, databases, signaling systems, and
information sufficient for Biling and collection or used in the transmission, routing, or other
provision of a Telecommunications Service.
."Network Installation and Maintenance Committee" or "NIMC" is the ATIS/CLC sub-committee
responsible for developing business process rules for Maintenance and Repair or trouble
administration.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 18
Section 4
Definitions
"Network Interface Device" or "NID" is a Network Element (including all of its features, functions
and capabilties) that includes any means of Interconnection of End User Customer premises .
wiring to Qwests distribution plant, such as a cross connect device used for that purpose.
"New Service Providet' means the Party to which an End User Customer switches its local
Exchange Service or the Party to which an End User Customer is porting its telephone
number(s).
"911 Service" shall have the meaning set forth in Section 10.3.1.
"911/E911 Interconnection Trunk Groups" shall have the meaning setforth in Section 10.3.7.
"Non-impaired Wire Center" means a Wire Center that meets the loop thresholds identified in 47
C.F.R. § 51.319(a)(4)(i) for DS1 Loops and 47 C.F.R. § 51.319(a)(5)(i) for DS3 Loops. Non-
impaired Wire Centers also include Tier 1 and Tier 2 Wire Centers as defined in 47 C.F.R. §
51.319(e)(3) and subject to the limitations of 47 C.F.R. § 51.319(e)(2)(ii)(A) for DS1 Dedicated
Transport and 47 C.F.R. § 51.319(e)(2)(iii)(A) for DS3 Dedicated Transport.
"North American Numbering Council" or "NANC" means the federal advisory committee
chartered by the FCC to analyze, advise, and make recommendations on numbering issues.
"North American Numbering Plan" or "NANP" means the basic numbering plan for the
Telecommunications networks located in the United States as well as Canada, Bermuda, Puerto
Rico, Guam, the Commonwealth of the Marianna Islands and certain Caribbean Islands. . The
NANP format is a 10-digit number that consists of a 3-digit NPA code (commonly referred to as
the area code) followed by a 3-digit NXX code and 4-digit line number.
"Number Portabilty Administration Center" or "NPAC" means one (1) of the seven (7) regional
number portabilty centers involved in the dissemination of data associated with ported
numbers. The NPACs were established for each of the seven (7) original Bell Operating
Company regions so as to cover the fifty (50) states, the District of Columbia and the U.S.
territories in the North American Numbering Plan area.
"Numbering Plan Area" or "NPA" is also sometimes referred to as an area code. It is a unique
three-digit indicator that is defined by the "A," "B" and "C" digits of each 10-digit telephone
number within the NANP. Each NPA contains 800 possible NXX Codes. There are two (2)
general categories of NPA. "Geographic NPA" is associated with a defined geographic area
and all telephone numbers bearing such NPA are associated with services provided within that
geographic area. A "Non-Geographic NPA," also known as a "Service Access Code" (SAC
Code), is typically associated with a specialized Telecommunications Service which may be
provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are
examples of Non-Geographic NPAs.
"NXX," "NXX Code," "Central Office Code," or "CO Code" is the three- (3)-digit Switch entity
code which is defined by the "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 12.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 19
.
.
.
.
.
Section 4
Definitions
"Optional Testing" is testing conducted by Qwest, at the request of CLEC, that is in lieu of
testing CLEC should complete to isolate trouble to the Qwest network prior to submitting a
trouble ticket to Qwest.
"Ordering and Billng Forum" or "OBF" means the telecommunications industry forum, under the
auspices of the Carrier Liaison' Committee of the Allance for Telecommunications Industry
Solutions, concerned with inter-company ordering and Biling.
"Originating Line Information Parameter" or "OLIP" is a CCS SS7 signaling parameter that
identifies the line class of service, Le., originating screening and routing translation.
"P.01 Transmission Grade of Service" means a circuit switched trunk facility Provisioning
standard with the statistical probability of no more than one (1) call in one hundred (100)
blocked on initial attempt during the average busy hour.
"Packet Switch" is a router designed to read the destination address in an incoming cell or
packet, consult a routing table and route the packet toward its destination. Packetizing is done
in originatingCPE and reassembly is done in terminating CPE. Multiple packet formats or
protocols exist (e.g., x.25, x.75, frame relay, ATM, and IP).
"Parity" means the provision of non-discriminatory access to Interconnection, Resale,
Unbundled Network Elements and other services provided under this Agreement to the extent
legally required on rates, terms and conditions that are non-discriminatory, just and reasonable.
Where Technically Feasible, the access provided by Qwest wil be provided in "substantially the
same time and manner" to that which Qwest provides to itself, its End User Customers, its
Affilates or to any other party.
"Party" means either Qwest or CLEC and "Parties" means Qwest and CLEC.
"Performance Indicator Definitions" or "PIDs" shall have the meaning set forth in Exhibit B.
"Person" is a general term meaning an individual or association, corporation, firm, joint-stock
company, organization, partnership, trust or any other form or kind of entity.
"Physical Collocation" shall have the meaning set forth in Section 8.1.1.
"Plant Test Date" or "PTD" means the date acceptance testing is performed with CLEC.
"Point of Interface", "Point of Interconnection," or "POI" is a demarcation between the networks
of two (2) LECs (including a LEC and CLEC). The POi is that point where the exchange of
traffc takes place.
"Point of Presence" or "POP" means the Point of Presence of an IXC.
"Pole Attachment" shall have the meaning set forth in Section 10.8.1.
"Port" means a line or trunk connection point, including a line card and associated peripheral
equipment, on a Central Office Switch but does not include Switch features. The Port serves as
the hardware termination for line or Trunk Side facilities connected to the Central Offce Switch.
Each Line Side Port is typically associated with one or more telephone numbers that serve as
the Customer's network address.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 20
Section 4
Definitions
"POTS" means plain old telephone service.
"Power Spectral Density (PSD) Masks" are graphical templates that define the limits on signal
power densities across a range of frequencies to permit divergent technologies to coexist in
close proximity within the same Binder Groups.
.
"Premises" refers to Qwest's Central Offces and Serving Wire Centers; all buildings or similar
structures owned, leased, or otherwise controlled by Qwest that house its network facilities; all
structures that house Qwest facilities on public rights-of-way, including but not limited to vaults
containing Loop Concentrators or similar structures; and all land owned, leased, or otherwise
controlled by Qwest that is adjacent to these Central Offces, Wire Centers, buildings and
structures.
"Product Catalog" or "PCAT" is a Qwest document that provides information needed to request
'services available under this Agreement. Qwest agrees that CLEC shall not be held to the
requirements of the PCAT. The PCAT is available on Qwests web site at
http://ww.qwest.com/wholesale/pcat.
"Project Coordinated Installation" allows CLEC to coordinate installation activity as prescribed in
section 9.2.2.9.7, including out of hours coordination.
"Proof of Authorization" or "POA" shall consist of verification of the End User Customer's
selection and authorization adequate to document the End User Customer's selection of its local
service provider.
"Proprietary Information" shall have the same meaning as Confidential Information.."Provisioning" involves the exchange of information between Telecommunications Carriers
where one executes a request for a set of products and services or Unbundled Network
Elements or combinations thereof from the other with attendant acknowledgments and status
reports.
"Pseudo Automatic Number Identification" or "Pseudo-ANI" is a number, consisting of the same
number of digits as ANI, that is not a NANP telephone directory number and may be used in
place of an ANI to convey special meaning, determined by agreements, as necessary, between
the system originating the call, intermediate systems handling and routing the call, and the
destination system.
"Public Safety Answering Point" or "PSAP" is the public safety communications center where
911/E911 calls for a specific geographic area are answered.
"Public Switched Network" includes all Switches and transmission facilities, whether by wire or
radio, provided by any Common Carrier including LECs, IXCs and CMRS providers that use the
NANP in connection with the provision of switched services.
"Rate Center" identifies 1) the specific geographic point identified by specific vertical and
horizontal (V&H) coordinates, which are used to measure distance sensitive End User
Customer traffic to/from the particular NPA-NXX designations with the specific Rate Center, and
2) the corresponding geographic area which is associated with one or more particular NPA-NXX
codes which have been assigned to a LEC for its provision of Telephone Exchange Service..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 21
.
.
.
Section 4
Definitions
"Ready for Service" or "RFS" - A Collocation job is considered to be Ready for Service when
Qwest has completed all operational work in accordance with CLEC Application and makes
functional space available to CLEC. Such work includes, but is not necessarily limited to: DC
power (fuses available, Battery Distribution Fuse Board (BDFB) is powered, and cables
between CLEC and power are terminated), cage enclosures, primary AC outlet, cable racking,
and circuit terminations (e.g., fiber jumpers are placed between the outside plant fiber
distribution panel and the Central Office fiber distribution panel serving CLEC) and APOT/CFA
are complete, telephone service, and other services and facilities ordered by CLEC for
Provisioning by the RFS date.
"Records Issue Date" or "RID" means the date that all design and assignment information is
sent to the necessary service implementation groups.
"Remote Call Forwarding" or "RCF" means the INP method that redirects calls within the
telephone network. If an End User Customer changes its local service provider from one Party
to the other Party, using RCF, the old service provider's switch will route the End User
Customer's calls to the new service provider by translating the dialed number into another
telephone number with an NXX corresponding to the new service provider's switch. The new
service provider then completes the routing of the call to its new End User Customer.
"Remote Premises" means all Qwest Premises, other than Qwest Wire Centers or adjacent to
Qwest Wire Centers. Such Remote Premises include controlled environmental vaults,
controlled environmental huts, cabinets, pedestals and other Remote Terminals.
"Remote Terminal" or "RT" means a cabinet, vault or similar structure at an intermediate point
between the End User Customer and Qwests Central Office, where Loops are aggregated and
hauled to the Central Office or Serving Wire Center using LCM. A Remote Terminai may
contain active electronics such as digital loop carriers, fiber hubs, DSLAMs, etc.
"Reseller" is a category of CLECs who purchase the use of Finished Services for the purpose of
resellng those Telecommunications Services to their End User Customers.
"Reserved Numbers" means those telephone numbers which are not in use but which are held
in reserve by a Carrier under a legally enforceable written agreement for a specific End User
Customer's future use.
"Route" is a transmission path between one of Qwests Wire Centers or switches and another of
Qwests Wire Centers or Switches. A route between two (2) points (e.g., Wire Center or Switch
"A" and Wire Center or Switch "2") may pass through one (1) or more intermediate Wire
Centers or Switches (e.g., Wire Center or Switch "X"). Transmission paths between identical
end points (e.g., Wire Center or Switch "A" and Wire Center or Switch "2") are the same "route,"
irrespective of whether they pass through the same intermediate Wire Centers or Switches, if
any.
"Scheduled Issued Date" or "SID" means the date the order is entered into Qwests order
distribution system.
"Selective Router" means the equipment necessary for Selective Routing.
January 13, 2010/msd/lntrado/ID/CDS-1Q0112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 22
Section 4
Definitions
"Selective Routing" is the automatic routing of 911/E911 calls to the PSAP that has jurisdictional
responsibility for the service address of the caller, irrespective of telephone company exchange .
or Wire Center boundaries. Selective Routing may also be used for other services.
"Service Date" or "SD" means the date service is made available to the End User Customer.
This also is referred to as the "Due Date."
"Service Provider Identification" or "SPID" is the number that identifies a service provider to the
relevant NPAC. The SPID may be a state-specific number.
"Serving Wire Center" denotes the Owest building from which dial tone for local Exchange
Service would normally be provided to a particular End User Customer premises.
"Signaling System 7" or "SS?" is an out-of-band signaling protocol consisting of four basic sub-
protocols:
1) Message Transfer Part (MTP), which provides functions for basic routing of
signaling messages between signaling points;
2) Signaling Connection Control Part (SCCP), which provides additional routing and
management functions for transfer of messages other than call setup between signaling
points;
3) Integrated Services Digital Network User Part (ISUP), which provides for transfer
of call setup signaling information between signaling points; and
4) Transaction Capabilities Application Part (TCAP), which provides for transfer of .
non-circuit related information between signaling points.
"Special Request Process" or "SRP" shall have the meaning set forth in Exhibit F.
"Spectrum Compatibility" means the capability of two (2) copper loop transmission system
technologies to coexist in the same cable without service degradation and to operate
satisfactorily in the presence of cross talk noise from each other. Spectrum compatibility is
defined on a per twisted pair basis for specific well-defined transmission systems. For the
purposes òf issues regarding Spectrum Compatibilty, service degradation means the failure to
meet the Bit Error Ratio (BER) and Signal-to-Noise Ratio (SNR) margin requirements defined
for the specific transmission system for all Loop lengths, model Loops, or loss values within the
requirements for the specific transmission system.
"Splittet' means a device used in conjunction with a DSLAM either to combine or separate the
high (DSL) and low (voice) frequency spectrums of the Loop in order to provide both voice and
data over a single Loop.
"Stand-Alone Test Environment" or "SATE" shall have the meaning set forth in Section
12.2.9.3.2.
"Subloop" shall have the meaning set forth in Section 9.3.1.1.
"Suspended Lines" means subscriber lines that have been temporarily disconnected..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 23
.
.
.
Section 4
Definitions
"Switch" means a switching device employed by a Carrier within the Public Switched Network.
Switch includes but is not limited to End Office Switches, Tandem Switches, Access Tandem
Switches, Remote Switching Modules, and Packet Switches. Switches may be employed as a
combination of End Office/Tandem Switches.
"Switched Access Service" means the offering of transmission and switching services to
Interexchange Carriers for the purpose of the origination or termination of telephone toll service.
Switched Access Services include: Feature Group A, Feature Group B, Feature Group D, 8XX
access, and 900 access and their successors or similar Switched Access Services.
"Switched Access Traffic" is traffc that originates at one of the Party's End User Customers and
terminates at an IXC Point of Presence, or originates at an IXC Point of Presence and
terminates at one of the Party's End User Customers, whether or not the traffic transits the other
Party's network.
"Synchronous Optical Network" or "SONET" is a TDM-based (time division multiplexing)
standard for high-speed fiber optic transmission formulated by the Exchange Carriers Standards
Association (ECSA) for the American National Standards Institute ("ANSI").
"Tariff' as used throughout this Agreement refers to Qwest interstate Tariffs and state Tariffs,
price lists, and price schedules.
"Technically Feasible" Interconnection, access to Unbundled Network Elements, Collocation,
and other methods of achieving Interconnection or access to Unbundled Network Elements at a
point in the network shall be deemed Technically Feasible absent technical or operational
concerns that prevent the fulfilment of a request by a Telecommunications Carrier for such
Interconnection, access, or methods. A determination of technical feasibility does not include
consideration of economic, accounting, Billng, space, or site concerns, except that space and
site concerns may be considered in circumstances where there is no possibility of expanding
,the space available. The fact that an incumbent LEC must modify its facilities or equipment to
respond to such request does not determine whether satisfying such request is Technically
Feasible. An incumbent LEC that claims that it cannot satisfy such request because of adverse
network reliability impacts must prove to the Commission by clear and convincing evidence that
such Interconnection, access, or methods would result in specific and significant adverse
network reliability impacts.
"Telecommunications" means the transmission, between or among points specified by the user,
of information of the user's choosing, without change in the form or content of the information as
sent and received.
"Telecommunications Carriet' means any provider of Telecommunications Services, except that
such term does not include aggregators of Telecommunications Services (as defined in Section
226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the
Act only to the extent that it is engaged in providing Telecommunications Services, except that
the Federal Communications Commission shall determine whether the provision of fixed and
mobile satellte service shall be treated as common carriage.
"Telecommunications Equipment" means equipment, other than Customer Premises
Equipment, used by a Carrier to provide Telecommunications Services, and include softare
integral to such equipment, including upgrades.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 24
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 facilties used.
"Telephone Exchange Service" means a service within a telephone exchange, or within a
connected system of telephone exchanges within the same exchange area operated to furnish
to End User Customers intercommunicating service of the character ordinarily furnished by a
single exchange, and which is covered by the Exchange Service charge, or comparable service
provided through a system of Switches, transmission equipment or other facilities (or
combinations thereof) by which a subscriber can originate and terminate a Telecommunications
Service.
"TELRIC" means Total Element Long-Run Incremental Cost.
"Tier 1 Wire Centers" means those Owest Wire Centers that contain at least four (4) Fiber-
based Collocators, at least thirty-eight thousand (38,000) Business Lines, or both. Tier 1 Wire
Centers also are those Owest tandem switching locations that have no line-side switching
facilities, but nevertheless serve as a point of traffic aggregation accessible by CLEC. Once a
Wire Center is determined to be a Tier 1 Wire Center, that Wire Center is not subject to later
reclassification as a Tier 2 or Tier 3 Wire Center.
"Tier 2 Wire Centers" means those Owest Wire Centers that are not Tier 1 Wire Centers, but
contain at least three (3) Fiber-based Collocators, at least twenty-four thousand (24,000)
Business Lines, or both. Once a Wire Center is determined to be a Tier 2 Wire Center, that
Wire Center is not subject to later reclassification as a Tier 3 Wire Center.
"Tier 3 Wire Centers" means those Owest Wire Centers that do not meet the criteria for Tier 1 or .
Tier 2 Wire Centers.
"Toll Free Service" means service provided with any dialing sequence that invokes Toll Free,
i.e., 800-like, service processing. Toll Free Service currently includes calls to the Toll Free
Service 800/888/877/866 NPA SAC codes.
"Transaction Set" is a term used by ANSI X12 and elsewhere that denotes a collection of data,
related field rules, format, structure, syntax, attributes, segments, elements, qualifiers, valid
values that are required to initiate and process a business function from one trading partner to
another. Some business function events, e.g., pre-order inquiry and response are defined as
complimentary Transaction Sets. An example of a Transaction Set is service address validation
inquiry and service address validation response.
"Trouble Isolation Charge" - see "Maintenance of Service."
"Trunk Side" refers to Switch connections that have been programmed to treat the circuit as
connected to another switching entity.
"Unbundled Network Element" ("UNE") is a Network Element that has been defined by the FCC
as a Network Element to which Owest is obligated under Section 251(c)(3) of the Act to provide
unbundled access or for which unbundled access is provided under this Agreement. Unbundled
Network Elements do not include those Network Elements Owest is obligated to provide only
pursuant to Section 271 of the Act..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 25
.
.
.
Section 4
Definitions
"UNE Combination" means a combination of two (2) or more Unbundled Network Elements that
were or were not previously combined or, connected in Qwests network, as required by the
FCC, the Commission or this Agreement.
"Virtual Collocation" shall have the meaning set forth in Sections 8.1.1.1 and 8.2.2.1.
"VNXX Traffc" is all traffc originated by a Party's End User Customer and dialed with a local
dialing pattern that is not terminated to the other Party's End User Customer physically located
within the same Qwest Local Callng Area (as approved by the state Commission) as the
originating caller, regardless of the NPA-NXX dialed. VNXX does not include originating 8XX
traffc.
"Voluntary Federal Subscriber Financial Assistance Programs" are Telecommunications
Services provided to low-income subscribers, pursuant to requirements established by the
Commission or the FCC.
"Waste" means all hazardous and non-hazardous substances and materials which are intended
to be discarded, scrapped or recycled, associated with activities CLEC or Qwest or their
respective contractors or agents perform at Work Locations. It shall be presumed that all
substances or materials associated with such activities, that are not in use or incorporated into
structures (including without limitation damaged components or tools, leftovers, containers,
garbage, scrap, residues or by products), except for substances and materials that CLEC,
Qwest or their respective contractors or agents intend to use in their original form in connection
with similar activities, are Waste. Waste shall not include substances, materials or components
incorporated into structures (such as cable routes) even after such components or structures
are no longer in current use.
"Wire Center" means the location of a Qwest local switching facility containing one or more
Central Offices, as defined in the Appendix to Part 36, Chapter 1 of Title 47 of the Code of
Federal Regulations. Wire Center boundaries define the area in which all End User Customers
served by a given Wire Center are located.
"Wired and Office Tested Date" or "WOT" means the date by which all intraoffice wiring is
completed, all plug-ins optioned and aligned, frame continuity established, and the interoffce
facilities, if applicable, are tested. This includes the date that switching equipment, including
translation loading, is installed and tested.
"Work Locations" means any real estate that CLEC or Qwest, as appropriate, owns, leases or
licenses, or in which it holds easements or other rights to use, or does use, in connection with
this Agreement.
Terms not otherwise defined here but defined in the Act and the orders and the rules
implementing the Act, shall have the meaning defined there. The definition of terms that are
included here and are also defined in the Act, or its implementing orders or rules, are intended
to include the definition as set forth in the Act and the rules implementing the Act.
January 13, 2010/msdllntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 26
Section 5
Terms and Conditions
Section 5.0 . TERMS AND CONDITIONS
5.1 General Provisions .
5.1.1 Intentionally Left Blank.
5.1.2 The Parties are each solely responsible for participation in and compliance with
national network plans, including the National Network Security Plan and the Emergency
Preparedness Plan.
5.1.3 Neither Party shall use any service related to or use any of the services provided
in this Agreement in any manner that interferes with other Persons in the use of their service,
prevents other Persons from using their service, or otherwise impairs the quality of service to
other Carriers or to either Party's End User Customers. In addition, neither Party's provision. of
or use of services shall interfere with the services related to or provided under this Agreement.
5.1.3.1 If such impairment is material and poses an immediate threat to the
safety of either Party's employees, Customers or the public or poses an immediate
threat of a service interruption, that Party shall provide immediate notice by email to the
other Party's designated representative(s) for the purposes of receiving such notification.
Such notice shall include 1) identification of the impairment (including the basis for
identifying the other Party's facilities as the cause of the impairment), 2) date and
location of the impairment, and 3) the proposed remedy for such impairment for any
affected service. Either Party may discontinue the specific service that violates the
provision or refuse to provide the same type of service if it reasonably appears that the
particular service would cause similar harm, until the violation of this provision has been .
corrected to the reasonable satisfaction of that Party and the service shall be reinstituted
as soon as reasonably possible. The Parties shall work cooperatively and in good faith
to resolve their differences. In the event either Party disputes any action that the other
Party seeks to take or has taken pursuant to this provision, that Party may pursue
immediate resolution by expedited or other Dispute Resolution.
5.1.3.2 If the impairment is service impacting but does not meet the parameters
set forth in Section 5.1.3.1, such as low level noise or other interference, the other Party
shall provide written notice within five (5) Days of such impairment to the other Party and
such notice shall include the information set forth in subsection 5.1.3.1. The Parties
shall work cooperatively and in good faith to resolve their differences. If the impairment
has not been corrected or cannot be corrected within five (5) business days of receipt of
the notice of non-compliance, the other Party may pursue immediate resolution by
expedited or other Dispute Resolution.
5.1.3.3 If either Party causes non-service impacting impairment the other Party
shall provide written notice within fifteen (15) Days of the impairment to the other Party
and such notice shall include the information set forth in subsection 5.1.3.1. The Parties
shall work cooperatively and in good faith to resolve their differences. If either Party fails
to correct any such impairment within fifteen (15) Days of written notice, or if such non-
compliance cannot be corrected within fifteen (15) Days of written notice of non-
compliance, and if the impairing Party fails to take all appropriate steps to correct as
soon as reasonably possible, the other Party may pursue immediate resolution by
expedited or other Dispute Resolution..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 27
Section 5
Terms and Conditions.5.1.3.4 It is the responsibilty of either Party to inform its End User Customers of
service impacting impairment that may result in discontinuance of service as soon as the
Party receives notice of same.
5.1.4 Each Party is solely responsible for the services it provides to its End User
Customers and to other Telecommunications Carriers. This provision is not intended to limit the
liability of either Party for its failure to perform under this Agreement.
5.1.5 The Parties shall work cooperatively to minimize fraud associated with third-
number biled calls, callng card calls, and any other services related to this Agreement.
5.1.6 Nothing in this Agreement shall prevent either Party from seeking to recover the
costs and expenses, if any, it may incur in (a) complying with and implementing its obligations
under this Agreement, the Act, and the rules, regulations and orders of the FCC and the
Commission, and (b) the development, modification, technical installation and maintenance of
any systems or other infrastructure which it requires to comply with and to continue complying
with its responsibilties and obligations under this Agreement. Notwithstanding the foregoing,
Qwest shall not assess any charges against CLEC for services, facilities, Unbundled Network
Elements, ancilary services and other related work or services covered by this Agreement,
unless the charges are expressly provided for in this Agreement. All services and capabilties
currently provided hereunder (including resold Telecommunications Services, Unbundled
Network Elements, UNE Combinations and ancillary services) and all new and additional
services or Unbundled Network Elements to be provided hereunder, shall be priced in
accordance with all applicable provisions of the Act and the rules and orders of the Federal
Communications Commission and orders of the Commission..5.2 Term of Agreement
5.2.1 This Agreement shall become effective on the date of Commission Approval
("Effective Date"). This Agreement shall be blnding upon the Parties for a term of three (3)
years and shall expire on April 30, 2013.
5.2.2 Upon expiration of the term of this Agreement, this Agreement shall continue in
full force and effect until superseded by a successor agreement in accordance with this Section
5.2.2. Any Party may request negotiation ora 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 will
terminate on the date a successor agreement is approved by the Commission. However,
nothing relieves CLEC from fulfiling the obligations incurred under the prior Agreement.
5.3 Proof of Authorization
5.3.1 Each Party shall be responsible for obtaining and maintaining Proof of
Authorization (POA) as required by applicable federal and state law, as amended from time to
time.
.5.3.2 The Parties shall make POAs available to each other upon request in the event
of an allegation of an unauthorized change in accordance with all Applicable Laws and rules
and shall be subject to any penalties contained therein.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 28
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 billed on paper, not the
date the electronic delivery occurs. If either Party fails to make payment on or before the
Payment Due Date, the other Party may invoke all available rights and remedies.
5.4.2 One Party may discontinue processing orders for the failure of the other Party to
make full payment for the services, less any good faith disputed amount as provided for in
Section 5.4.4 of this Agreement, for the services provided under this Agreement within thirty
(30) Days following the payment due date provided the Biling Party has notified the other Party
in writing at least ten (10) business days prior to discontinuing the processing of orders for
services. If the 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 Party's non-compliance
continues, nothing contained herein shall preclude the Billing Party's right to refuse to accept
additional orders for the services from the non-complying Party without further notice. For order
processing to resume, the billed Party wil be required to make full payment of all charges for
the services not disputed in good faith under this Agreement. Additionally, the Billng Party may
require a deposit (or additional deposit) from the biled Party, pursuant to this section. In
addition to other remedies that may be available at law or equity, the biled Party reserves the
right to seek equitable relief, including injunctive relief and specific performance.
5.4.3 The Biling Part may disconnect services for failure by the 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 will pay the applicable reconnect charge set forth in Exhibit
A required to reconnect each service disconnected pursuant to this paragraph. The Biling Party
will notify the biled Party at least ten (10) business days prior to disconnection of the service(s).
In case of such disconnection, all applicable undisputed charges, including termination charges,
shall become due. If the Biling Party does not disconnect the billed Party's service(s) on the
date specified in the ten (10) business days notice, and the biled Party's noncompliance
continues, nothing contained herein shall preclude the Biling Party's right to disconnect services
of the non-complying Party without further notice. For reconnection of the services to occur, the
biled Party will be required to make full payment of all past and current undisputed charges
under this Agreement for the services. Additionally, the Billing Part will request a deposit (or
recalculate the deposit) as specified in Section 5.4.5 and 5.4.7 from the biled Party, pursuant to
this Section. If the biled Party is a new CLEC customer of Qwest, the application of this
provision wil be suspended for the initial three (3) Biling cycles of this Agreement and will not
apply to amounts biled during those three (3) cycles. In addition to other remedies that may be
available at law or equity, each Party reserves the right to seek equitable relief, including
injunctive relief and specific performance.
.
.
5.4.4 Should CLEC 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
payment due date identifying the amount, reason and rationale of such dispute. At a minimum, .
CLEC and Qwest shall pay all undisputed amounts due. Both CLEC and Qwest agree to
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 29
Section 5
Terms and Conditions.expedite the investigation of any disputed amounts, promptly provide reasonably requested
documentation regarding the amount disputed, and work in good faith in an effort to resolve and
settle the dispute through informal means prior to invoking any other rights or remedies.
5.4.4.1 If a Party disputes charges and does not pay such charges by the
payment due date, such charges may be subject to late payment charges. If the
disputed charges have been withheld and the dispute is resolved in favor of the Billng
Party, the withholding Party shall pay the disputed amount and applicable late payment
charges no later than the next Bill Date following the resolution. If the disputed charges
have been withheld and the dispute is resolved in favor of the disputing Party, the Biling
Party shall credit the bil of the disputing Party for the amount of the disputed charges
and any late payment charges that have been assessed no later than the second 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 Billng Party, no further action is required. If a Party pays the charges disputed at
the time of payment or at any time thereafter pursuant to Section 5.4.4.3, and the
dispute is resolved in favor of the disputing Party, the Billng Party will adjust the Billing,
usually within two (2) Billng cycles, after the resolution of the dispute, as follows:
(1) The Biling Party wil credit the Biled Party's bil for the disputed amount and
any associated interest; or
.(2) If the disputed amount is greater than the bill to be credited, pay the
remaining amount to the Biled Party.
(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 Billed Party fails to dispute a rate or charge within sixty (60) Days
following the invoice date on which the rate or charge appeared, adjustment wil be
made on a going-forward basis only, beginning with the date of the dispute.
.
5.4.5 In the event of a material adverse change in CLEC'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 CLEC is a new CLEC with no
established credit history, or is a CLEC that has not established satisfactory credit with Qwest,
or the Party is repeatedly delinquent in making its payments, or is being reconnected after a
disconnection of Service or discontinuance of the processing of orders by Qwest due to a
previous failure to pay 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 CLEC wil be provisioned
and completed or before reconnection of Service. "Repeatedly delinquent" means any payment
of a material amount of total monthly Biling under the Agreement received after the Payment
Due Date, three (3) or more times during the last twelve (12) month period. The deposit shall
not exceed the estimated total monthly charges for a two (2) month period based upon recent
Billng. The deposit may be adjusted by CLEC's actual monthly average charges, payment
history under this Agreement, or other relevant factors, but in no event wil 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
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 30
Section 5
Terms and Conditions
mutually acceptable security such as a cash deposit. Required deposits are due and payable
within thirty (30) Days after demand and non-payment is subject to Sections 5.4.2 and 5.4.3 of .
this Agreement.
5.4.6 Interest wil be paid on cash deposits at the rate applying to deposits under
applicable Commission regulations. Cash deposits and accrued interest wil be credited to
CLEC's account or refunded, as appropriate, upon the earlier of the expiration of the term of the
Agreement or the establishment of satisfactory credit with Owest, which wil generally be one full
year of timely payments of undisputed amounts in full by CLEC. Upon a material change in
financial standing, including factors referenced in Section 5.4.5 above, CLEG may request and
the Owest wil consider a recalculation of the deposit. The fact that a deposit has been made
does not relieve CLEC from any requirements of this Agreement.
5.4.7 Owest may review CLEC'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 CLEC shall be responsible for notifying its End User Customers of any pending
disconnection of a service by CLEC, if necessary, to allow those End User Customers to make
other arrangements for such services.
5.6 Insurance
5.6.1 Each Party shall at all times during the term of this Agreement, at its own cost
and expense, carry and maintain the insurance coverage listed below with insurers having a
"Best's" rating of A-VII with respect to liability arising from that Part's operations for which that
Party has assumed legal responsibility in this Agreement. If either Part or its parent company
has assets equal to or exceeding ten bilion dollars ($10,000,000,000), that Party may utilze an .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 31
Section 5
Terms and Conditions.Affliate captive insurance company in lieu of a "Best's" rated insurer. To the extent that the
parent company of a Party is relied upon to meetthe ten billon dollar ($10,000,000,000) asset
threshold, such parent shall be responsible for the insurance obligations contained in this
Section 5.6.1, to the extent its affliated Party fails to meet such obligations.
5.6.1.1 Workers' Compensation with statutory limits as required in the state of
operation and Employers' Liability insurance with limits of not less than one hundred
thousand dollars ($100,000) each accident.
5.6.1.2 Commercial General Liabilty insurance covering claims for bodily injury,
death, personal injury or property damage occurring or arising out of the use or
occupancy of the premises, including coverage for independent contractor's protection
(required if any work will be subcontracted), premises-operations, products and/or
completed operations and contractual liability with respect to the liability assumed by
each Party hereunder. The limits of insurance shall not be less than one million dollars
($1,000,000) each occurrence and two milion dollars ($2,000,000) general aggregate
limit.
5.6.1.3 Business automobile liability insurance covering the ownership, operation
and maintenance of all owned, non-owned and hired motor vehicles with limits of not
less than one millon dollars ($1,000,000) per occurrence for bodily injury and property
damage.
.5.6.1.4 Umbrella/Excess Liability insurance in an amount of ten milion dollars
($10,000,000) excess of Commercial General Liabilty insurance specified above. These
limits may be obtained through any combination of primary and excess or umbrella
liability insurance so long as the total limit is eleven million dollars ($11,000,000).
5.6.1.5 "All Risk" Property coverage on a full replacement cost basis insuring all
of CLEC personal property situated on or within the Premises or Remote Premises.
5.6.2 Each Party will initially provide certificate(s) of insurance evidencing coverage,
and thereafter wil provide such certificate(s) upon request. Such certificates shall (1) name the
other Party as an additional insured under commercial general liabilty coverage; (2) endeavor
to provide thirty (30) Days prior written notice of cancellation of the policy(s) to which
certificate(s) relate; (3) indicate that coverage is primary and not excess of, or contributory with,
any other valid and collectible insurance purchased by the other Party; and (4) acknowledge
severability of interest/cross liability coverage.
5.7 Force Majeure
.
5.7.1 Neither Party shall be liable for any delay or failure in performance of any part of
this Agreement from any cause beyond its control and without its fault or negligence including,
without limitation, acts of nature, acts of civil or military authority, government regulations,
embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear
accidents, floods, work stoppages, power blackouts, volcanic action, other major environmental
disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event).
Inability to secure products or services of other Persons or transportation facilties 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 Part affected by a Force Majeure Event shall give
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 32
Section 5
Terms and Conditions
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 Party's liability to the other Party for any loss relating to or arising out of any
act or omission in its performance under this Agreement, whether in contract, warranty, strict
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 Party by such breaching Party for the
service(s) or function(s) not performed or improperly performed. Each Party's liabilty to the
other Party for any other losses shall be limited to the total amounts charged to CLEC under this
Agreement during the contract year in which the cause accrues or arises. Payments pursuant
to the QPAP shall not be counted against the limit provided for in this Section.
5.8.2 Neither Party shall be liable to the other for indirect, incidental, consequential, or
special damages, including (without limitation) damages for lost profits, lost revenues, lost
savings suffered by the other Party regardless of the form of action, whether in contract,
warranty, strict liability, tort, including (without limitation) negligence of any kind and regardless
of whether the Parties know the possibility that such damages could result. If the Parties enter
into a Performance Assurance Plan under this Agreement, nothing in this Section 5.8.2 shall
limit amounts due and owing under any Performance Assurance Plan.
5.8.3 Intentionally Left Blank.
5.8.4 Nothing contained in this Section shall limit either Party's liability to the other for
(i) wilful or intentional misconduct or (ii) damage to tangible real or personal property
proximately caused solely by such Party's negligent act or omission or that of their respective
agents, subcontractors, or employees.
5.8.5 Nothing contained in this Section 5.8 shall limit either Party's obligations of
indemnification specified in this Agreement, nor shall this Section 5.8 limit a Party's liability for
failing to make any payment due under this Agreement.
5.8.6 Intentionally Left Blank.
5.9 Indemnity
5.9.1 The Parties agree that unless otherwise specifically set forth in this Agreement
the following constitute the sole indemnification obligations between and among the Parties:
.
5.9.1.1 Each of the Parties agrees to release, indemnify, defend and hold
harmless the other Party and each of its offcers, directors, employees and agents (each
an Indemnitee) from and against and in respect of any loss, debt, liability, damage,
obligation, claim, demand, judgment or settlement of any nature or kind, known or
unknown, liquidated or unliquidated including, but not limited to, reasonable costs and
expenses (including attorneys' fees), whether suffered, made, instituted, or asserted by
any Person or entity, for invasion of privacy, bodily injury or death of any Person or
Persons, or for loss, damage to, or destruction of tangible property, whether or not .
January 13, 2010/msd/lntrado/lD/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 33
Section 5
Terms and Conditons.owned by others, resulting from the Indemnifying Party's breach of or failure to perform
under this Agreement, regardless of the form of action, whether in contract, warranty,
strict liability, or tort including (without limitation) negligence of any kind.
5.9.1.2 In the case of claims or loss alleged or incurred by an End User Customer
of either Party arising out of or in connection with services provided to the End User
Customer by the Party, the Party whose End User Customer alleged or incurred such
claims or loss (the Indemnifying Party) shall defend and indemnify the, other Party and
each of its officers, directors, employees and agents (collectively the Indemnified Party)
against any and all such claims or loss by the Indemnifying Party's End User Customers
regardless of whether the underlying service was provided or Unbundled Network
Element was provisioned by the Indemnified Party, unless the loss was caused by the
willful misconduct of the Indemnified Party. The obligation to indemnify with respect to
claims of the Indemnifying Party's End User Customers shall not extend to any claims for
physical bodily injury or death of any Person or persons, or for loss, damage to, or
destruction of tangible property, whether or not owned by others, alleged to have
resulted directly from the negligence or intentional conduct of the employees,
contractors, agents, or other representatives of the Indemnified Party.
5.9.1.3 Intentionally Left Blank.
5.9.1.4 Intentionally Left Blank.
5.9.2 The indemnification provided herein shall be conditioned upon:.5.9.2.1 The Indemnified Party shall promptly notify the Indemnifying Party of any
action taken against the Indemnified Party relating to the indemnification. Failure to so
notify the Indemnifying Party shall not relieve the Indemnifying Party of any liability that
the Indemnifying Party might have, except to the extent that such failure prejudices the
Indemnifying Party's ability to defend such claim.
5.9.2.2 If the Indemnifying Party wishes to defend against such action, it shall
give written notice to the Indemnified Party of acceptance of the defense of such action.
In such event, the Indemnifying Party shall have sole authority to defend any such
action, including the selection of legal counsel, and the Indemnified Party may engage
separate legal counsel only at its sole cost and expense. In the event that the
Indemnifying Party does not accept the defense of the action, the Indemnified Party shall
have the right to employ counsel for such defense at the expense of the Indemnifying
Party. Each Party agrees to cooperate with the other Party in the defense of any such
action and the relevant records of each Party shall be available to the other Party with
respect to any such defense.
5.9.2.3 In no event shall the Indemnifying Party settle or consent to any judgment
pertaining to any such action without the prior written consent of the Indemnified Party.
In the event the Indemnified Party withholds consent, the Indemnified Party may, at its
cost, take over such defense, provided that, in such event, the Indemnifying Party shall
not be responsible for, nor shall it be obligated to indemnify the relevant Indemnified
Party against, any cost or liability in excess of such refused compromise or settlement..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 34
Section 5
Terms and Conditions
5.10 Intellectual Property
5.10.1 Except for a license to use any facilities or equipment (including softare) solely
for the purposes of this Agreement or to receive any service solely (a) as provided in this
Agreement or (b) as specifically required by the then-applicable federal and state rules and
regulations relating to Interconnection and access to Telecommunications facilities and
services, nothing contained within this Agreement shall be construed as the grant of a license,
either express or implied, with respect to any patent, copyright, trade name, trade mark, service
mark, trade secret, or other proprietary interest or intellectual property, now or hereafter owned,
controlled or licensable by either Party. Nothing in this Agreement shall be construed as the
grant to the other Party of any rights or licenses to trade or service marks.
5.10.2 Subject to Section 5.9.2, each Party (the Indemnifying Party) shall indemnify and
hold the other Party (the Indemnified Party) 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 Party provided or used pursuant to the terms of this Agreement
misappropriates or otherwise violates the intellectual property rights of any third party. In
addition to being subject to the provisions of Section 5.9.2, ,the obligation for indemnification
recited in this paragraph shall not extend to infringement which results from (a) any combination
of the facilities or services of the Indemnifying Party with facilties or services of any other
Person (including the Indemnified Party 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 facilities or services of the Indemnifying Party by, on behalf of or at
the request of the Indemnified Party and not required by the Indemnifying Party. In the event of
any claim, the Indemnifying Party may, at its sole option (a) obtain the right for the Indemnified
Party to continue to use the facility or service; or (b) replace or modify the facility or service to
make such facility or service non-infringing. If the Indemnifying Party is not reasonably able to
obtain the right for continued use or to replace or modify the facility or service as provided in the
preceding sentence and either (a) the facility or service is held to be infringing by a court of
competent jurisdiction or (b) the Indemnifying Party reasonably believes that the facility or
service wil be held to infringe, the Indemnifying Party shall notify the Indemnified Party and the
Parties shall negotiate in good faith regarding reasonable modifications to this Agreement
necessary to (1) mitigate damage or comply with an injunction which may result from such
infringement or (2) allow cessation of further infringement. The Indemnifying Party may request
that the Indemnified Party take steps to mitigate damages resulting from the infringement or
alleged infringement including, but not limited to, accepting modifications to the facilities or
services, and such request shall not be unreasonably denied.
5.10.3 To the extent required under applicable federal and state law, Owest shall use its
best efforts to obtain, from its vendors who have licensed intellectual property rights to Owest in
connection with facilities and services provided hereunder, licenses under such inteiiectual
property rights as necessary for CLEC to use such facilities and services as contemplated
hereunder and at least in the same manner used by Owest for the facilities and services
provided hereunder. Owest shall notify CLEC 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 Owest 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 CLEC from using or interconnecting with such facilities, .
equipment or services, including softare, pursuant to the terms of this Agreement.
January 13, 201 0/msd/lntrado/lD/CDS-1 00112-001 0
Qwest Fourteen State Negotiations Template, December 29, 2008 35
Section 5
Terms and Conditions.Owest warrants and further covenants that it has not and wil not knowingly modify any
existing license agreements for any network facilities, equipment or services, including
software, in whole or in part for the purpose of disqualifying CLEC from using or
interconnecting witn such facilities, equipment or services, including softare, pursuant
to the terms of this Agreement. To the extent that providers of facilties, equipment,
services or software in Owests network provide Owest with indemnities covering
intellectual property liabilities and those indemnities allow a flow-through of protection to
third parties, Owest shall flow those indemnity protections through to CLEC.
. 5.10.4 Except as expressly provided in this Intellectual Property Section, nothing' in this
Agreement shall be construed as the grant of a license, either express or implied, with respect
to any patent, copyright, logo, trademark, trade name, trade secret or any other intellectual
property right now or hereafter owned, controlled or licensable by either Party. Neither Party
may use any patent, copyright, logo, trademark, trade name, trade secret or other intellectual
property rights of the other Party or its Affiliates without execution of a separate agreement
between the Parties.
.
5.10.5 Neither Party shall without the express written permission of the other Party,
state or imply that: 1) it is connected, or in any way affiliated with the other or its Affilates; 2) it
is part of a Joint business association or any similar arrangement with the other or its Affiliates;
3) the other Party and its Affiliates are in any way sponsoring, endorsing or certifying it and its
goods and services; or 4) with respect to its marketing, advertising or promotional activities or
materials, the resold goods and services are in any way associated with or originated from the
other or any of its Affliates. Nothing in this paragraph shall prevent either Party from truthfully
describing the Network Elements it uses to provide service to its End User Customers, provided
it does not represent the Network Elements as originating from the other Party or its Affiliates in
any marketing, advertising or promotional activities or materials.
5.10.6 For purposes of resale only and notwithstanding the above, unless otherwise
prohibited by Owest pursuant to an applicable provision herein, CLEC may use the phrase
"CLEC is a Reseller of Owest Services" (the Authorized Phrase) in CLEC's printed materials
provided:
5.10.6.1 The Authorized Phrase is not used in connection with any goods or
services other than Owest services resold by CLEC.
5.10.6.2 CLEC's use of the Authorized Phrase does not cause End User
Customers to believe that CLEC is Owest.
5.10.6.3 The Authorized Phrase, when displayed, appears only in text form (CLEC
may not use the Owest logo) with all letters being the same font and point size. The
point size of the Authorized Phrase shall be no greater than one fourth the point size of
the smallest use of CLEC's name and in no event shall exceed 8 point size.
5.10.6.4 CLEC shall provide all printed materials using the Authorized Phrase to
Owest for its prior written approvaL.
.5.10.6.5 If Owest determines that CLEC's use of the Authorized Phrase causes
End User Customer confusion, Owest may immediately terminate CLEC's right to use
the Authorized Phrase.
January 13, 2010/msdllntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 36
Section 5
Terms and Conditions
5.10.6.6 Upon termination of CLEC's right to use the Authorized Phrase or
termination of this Agreement, all permission or right to use the Authorized Phrase shall .
immediately cease to exist and CLEC shall immediately cease any and all such use of
the Authorized Phrase. CLEC shall either promptly return to Owest or destroy all
materials in its possession or control displaying the Authorized Phrase.
5.10.7 Owest and CLEC each recognize that nothing contained in this Agreement is
intended as an assignment or grant to the other of any right, title or interest in or to the
trademarks or service marks of the other (the Marks) and that this Agreement does not confer
any right or license to grant sublicenses or permission to third parties to use the Marks of the
other and is not assignable. Neither Party wil do anything inconsistent with the other's
ownership of their respective Marks, and all rights, if any, that may be acquired by use of the
Marks shall inure to the benefit of their respective Owners. The Parties shall comply with all
Applicable Law governing Marks worldwide and neither Party wil infringe the Marks of the other.
5.10.8 Upon request, for all intellectual property owned or controlled by a third party and
licensed to Owest associated with the Unbundled Network Elements provided by Owest under
this Agreement, either on the Effective Date or at any time during the term of the Agreement,
Owest shall within ten (10) business days, unless there are extraordinary circumstances in
which case Owest wil negotiate an agreed upon date, then disclose to CLEC in writing (i) the
name of the Party owning, controlling or licensing such intellectual prop~rty, (ii) the facilities or
equipment associated with such intellectual property, (iii) the nature of the intellectual property,
and (iv) the relevant agreements or licenses governing Owests use of the intellectual property.
Except to the extent Owest is prohibited by confidentiality or other provisions of an agreement or
license from disclosing to CLEC any relevant agreement or license within ten (10) business
days of a request by CLEC, Owest shall provide copies of any relevant agreements or licenses .
governing Owests use of the intellectual property to CLEC. To the extent Owest is prohibited
by confidentiality or other provisions of an agreement or license from disclosing to CLEC any
relevant agreement or license, Owest shall immediately, within ten (10) business days (i)
disclose so much of it as is not prohibited, and (ii) exercise best efforts to cause the vendor,
licensor or other beneficiary of the confidentiality provisions to agree to disclosure of the
remaining portions under terms and conditions equivalent to those governing access by and
disclosure to Owest.
5.11 Warranties
5.11.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES AGREE
THAT NEITHER PARTY HAS MADE, AND THAT THERE DOES NOT EXIST, ANY WARRANTY,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND THAT ALL PRODUCTS AND SERVICES
PROVIDED HEREUNDER ARE PROVIDED "AS iS,'' WITH ALL FAULTS.
5.12 Assignment
5.12.1 Neither Party may assign or transfer (whether by operation of law or otherwise)
this Agreement (or any rights or obligations hereunder) to a third party without the prior written
consent of the other Party. Notwithstanding the foregoing, either Party may assign or transfer
this Agreement to a corporate Affiliate or an entity under its common control; without the
consent of the other Party, provided that the performance of this Agreement by any such
assignee is guaranteed by the assignor. Any attempted assignment or transfer that is not .
January 13, 2010/msd/lntrado/ID/CDS-10b112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 37
.
.
.
Section 5
Terms and Conditions
permitted is void ab initio. Without limiting the generality of the. foregoing, this Agreement shall
be binding upon and shall inure to the benefit of the Parties' respective successors and assigns.
5.12.2 In the event that Owest transfers to any unaffiliated party exchanges including
End User Customers that CLEC serves in whole or in part through facilities or services provided
by Owest under this Agreement, the transferee shall be deemed a successor to Owests
responsibilities hereunder for a period of ninety (90) Days from notice to CLEC of such transfer
or until such later time as the Commission may direct pursuant to the Commission's then
applicable statutory authority to impose such responsibilities either as a condition of the transfer
or under such other state statutory authority as may give it such power. In the event of such a
proposed transfer, Owest shall use its best efforts to faciltate discussions between CLEC and
the transferee with respect to transferee's assumption of Owests obligations pursuant to the
terms of this Agreement.
5.12.3 Nothing in this section is intended to restrict CLEC's rights to opt into
interconnection agreements under Section 252(i) of the Act and 47 C.F.R. § 51.809.
5.13 Default
5.13.1 If either Party defaults in the payment of any amount due hereunder, or if either
Party violates any other material provision of this Agreement, and such default or violation shall
continue for thirty (30) Days after written notice thereof, the other Party may seek relief in
accordance with the Dispute Resolution provision of this Agreement. The failure of either Party
to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not
be construed as a general waiver or relinquishment on its part of any such provision, but the
same shall, nevertheless, be and remain in full force and effect.
5.14 Disclaimer of Agency
5.14.1 Except for provisions herein expressly authorizing a Part to act for another,
nothing in this Agreement shall constitute a Party as a legal representative or agent of the other
Party, nor shall a Party have the right or authority to assume, create or incur any liability or any
obligation of any kind, express or implied, against or in the name or on behalf of the other Party
unless otherwise expressly permitted by such other Party. Except as otherwise expressly
provided in this Agreement, no Party undertakes to perform any obligation of the other Party
whether regulatory or contractual, or to assume any responsibility for the management of the
other Party's business.
5.15 Severabilty
5.15.1 In the event that anyone or more of the provisions contained herein shall for any
reason be held to be unenforceable or invalid in any respect under law or regulation, the Parties
will negotiate in good faith for replacement language as set forth herein. If any part of this
Agreement is held to be invalid or unenforceable for any reason, such invalidity or
unenforceability wil affect only the portion of this Agreement which is invalid or unenforceable.
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.
January 13, 2010/msd/lntrado/ID/CDS-100112~0010
Qwest Fourteen State Negotiations Template, December 29,2008 38
Section 5
Terms and Conditions
5.16 Nondisclosure
5.16:1 All information, including but not limited to specifications, microfilm, photocopies,
magnetic disks, magnetic tapes, drawings, sketches, models, samples, tools, technical
information, data, employee records, maps, financial reports, and market data, (i) furnished byone Party to the other Party dealing with business or marketing plans, End User Customer
specific, facility specific, or usage specific information, other than End User Customer
information communicated for the purpose of providing Directory Assistance or publication of
directory database, or (ii) in written, graphic, electromagnetic, or other tangible form and marked
at the time of delivery as "Confidential" or "Proprietary", or (ii) communicated and declared to
the receiving Party at the time of delivery, or by written notice given to the receiving Party within
ten (10) Days after delivery, to be "Confidential" or "Proprietary" (collectively referred to as
"Proprietary Information"), shall remain the property of the disclosing Party. A Party who
receives Proprietary Information via an oral communication may request written confirmation
that the material is Proprietary Information. A Party who delivers Proprietary Information via an
oral communication may request written confirmation that the Party receiving the information
understands that the material is Proprietary Information. Each Party shall have the right to
correct an inadvertent failure to identify information as Proprietary Information by giving written
notification within thirty (30) Days after the information is disclosed. The receiving Party shall
from that time forward, treat such information as Proprietary Information. To the extent
permitted by Applicable Law, either Party may disclose to the other proprietary or confidential
customer, technical or business information.
5.16.2 Upon request by the disclosing Party, the receiving Party shall return all tangible
copies of Proprietary Information, whether written, graphic or otherwise, except that the
receiving Party may retain one copy for archival purposes.
5.16.3 Each Party shall keep all of the other Party's Proprietary Information confidential
and wil disclose it on a need to know basis only. Each Party shall use the other Party's
Proprietary Information only in connection with this Agreement and in accordance with
Applicable Law, including but not limited to, 47 U.S.C. §222. In accordance with Section 222 of
the Act, when either Party receives or obtains Proprietary Information from the other Party for
purposes of providing any TelecommunicationsServices, that Party shall use such information
only for such purpose, and shall not use such information for its own marketing efforts. Neither
Party shall use the other Party's Proprietary Information for any other purpose except upon such
terms and conditions as may be agreed upon between the Parties in writing. Violations of these
obligations shall subject a Party's employees to disciplinary action up to and including
termination of employment. If either Party loses, or makes an unauthorized disclosure of, the
other Party's Proprietary Information, it wil notify such other Party immediately and use
reasonable efforts to retrieve the information.
5.16.4 Unless otherwise agreed, the obligations of confidentiality and non-use set forth
in this Agreement do not apply to such Proprietary Information as:
a) was at the time of receipt already known to the receiving Party free of any
obligation to keep it confidential evidenced by written records prepared prior to delivery
by the disclosing Party; or
b) is or becomes publicly known through no wrongful act of the receiving Party; or
c)is rightfully received from a third Person having no direct or indirect secrecy or
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 39
.
.
.
Section 5
Terms and Conditions.confidentiality obligation to the disclosing Party with respect to such information; or
d) is independently developed by an employee, agent, or contractor of the
receiving Party which individual is not involved in any manner with the provision of
services pursuant to the Agreement and does not have any direct or indirect access to
the Proprietary Information; or
e) is disclosed to a third Person by the disclosing Party without similar restrictions
on such third Person's rights; or
f) is approved for release by written authorization of the disclosing Party; or
.
g) is required to be disclosed by the receiving Party pursuant to Applicable Law or
regulation provided that the receiving Party shall give sufficient notice of the requirement
to the disclosing Party to enable the disclosing Party to seek protective orders.
5.16.5 Nothing herein is intended to prohibit a Party from supplying factual information
about its network and Telecommunications Services on or connected to its network to regulatory
agencies including the Federal Communications Commission and the Commission so long as
any confidential obligation is protected. In addition either Party shall have the right to disclose
Proprietary Information to any mediator, arbitrator, state or federal regulatory body, the
Department of Justice or any court in the conduct of any proceeding arising under or relating in
any way to this Agreement or the conduct of either Party in connection with this Agreement,
including without limitation the approval of this Agreement, or in any proceedings concerning the
provision of InterLATA services by Qwest that are or may be required by the Act. The Parties
agree to cooperate with each other in order to seek appropriate protection or treatment of such
Proprietary Information pursuant to an appropriate protective order in any such proceeding.
5.16.6 Effective Date of this Section. Notwithstanding any other provision of this
Agreement, the Proprietary Information provisions of this Agreement shall apply to all
information furnished by either Party to the other in furtherance of the purpose of this
Agreement, even if furnished before the Effective Date.
5.16.7 Each Party agrees that the disclosing Party could be irreparably injured by a
breach of the confidentiality obligations of this Agreement by the receiving Party or its
representatives and that the disclosing Party shall be entitled to seek equitable relief, including
injunctive relief and specific performance in the event of any breach of the confidentiality
provisions of this Agreement. Such remedies shall not be deemed to be the exclusive remedies
for a breach of the confidentiality provisions of this Agreement, but shall be in addition to all
other remedies available at law or in equity.
5.16.8 Nothing herein should be construed as limiting either Party's rights with respect
to its own Proprietary Information or its obligations with respect to the other Party's Proprietary
Information under Section 222 of the Act.
5.16.9 Forecasts provided by either Party to the other Party shall be deemed
Confidential Information and the Parties may not distribute, disclose or reveal, in any form, this
material other than as allowed and described in subsections 5.16.9.1 and 5.16.9.2..5.16.9.1 The Parties may disclose, on a need to know basis only, CLEC individual
forecasts and forecasting information disclosed by Qwest, to Qwests legal personnel in
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 40
Section 5
Terms and Conditions
connection with their representation of Qwest in any dispute regarding the quality or
timeliness of the forecast as it relates to any reason for which CLEC provided it to Qwest .
under this Agreement, as well as to CLEC's wholesale account managers, wholesale LIS
and Collocation product managers, network and growth planning personnel responsible
for preparing or responding to such forecasts or forecasting information. In no case shall
retail marketing, sales or strategic planning have access to this forecasting information.
The Parties will inform all of the aforementioned personnel with access to such
Confidential Information, of its confidential nature and wil require personnel to execute a
nondisclosure agreement which states that, upon threat of termination, the
aforementioned personnel may not reveal or discuss such information with those not
authorized to receive it except as specifically authorized by law. Violations of these
requirements shall subject the personnel to disciplinary action up to and including
termination of employment.
5.16.9.1.1 Upon the specific order of the Commission, Qwest may provide
the forecast information that CLEC has made available to Qwest under this
Agreement, provided that Qwest shall first initiate any procedures necessary to
protect the confidentiality and to prevent the public release of the information
pending any applicable Commission procedures and further provided that Qwest
provides such notice as the Commission directs to CLEC involved, in order to
allow it to prosecute such procedures to their completion.
5.16.9.2 The Parties shall maintain confidential forecasting information in secure
files and locations such that access to the forecasts is limited to the personnel
designated in subsection 5.16.9.1 above and such that no other personnel have
computer access to such information..5.17 Survival
5.17.1 Any liabilities or obligations of a Party for acts or omissions prior to the
termination of this Agreement, and any obligation of a Party under the provisions regarding
indemnification, Confidential or Proprietary Information, limitations of liability, and any other
provisions of this Agreement which, by their terms, are contemplated to survive (or to be
performed after) termination of this Agreement, shall survive cancellation or termination hereof.
5.18 Dispute Resolution
5.18.1 The Parties wil attempt in good faith to resolve through negotiation any dispute,
claim or controversy arising out of, or relating to, this Agreement. Either Party may give written
notice to the other Party of any dispute not resolved in the normal course of business. Each
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.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 41
.
.
.
Section 5
Terms and Conditions
5.18.2 If the designated representatives have not reached a resolution of the dispute
within fifteen (15) Days after the written notice (or such longer period as agreed to in writing by
the Parties), then either Party may commence a civil action or regulatory proceeding, as
applicable. Unless the action falls within the exclusive jurisdiction of the Federal
Communications Commission or the state Public Utilities Commission, any action wil be
brought in the United States District Court for the District of Colorado if it has subject matter
jurisdiction over the action, and shall otherwise be brought in the Denver District Court for the
State of Colorado. The Parties agree that such courts have personal jurisdiction over them.
5.18.3 Waiver of Jury Trial and Class Action. Each Party, to the extent permitted by
law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to
pursue any claim or action arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
5.18.4 No cause of action, including disputes raised pursuant to Section 5.4.4,
regardless of the form, arising out of or relating to this Agreement, may be brought by either
Party more than two (2) years after the cause of action arises.
5.19 Controllng Law
5.19.1 This Agreement is offered by Qwest and accepted by CLEC in accordance with
applicable federal law and the state law of Colorado. It shall be interpreted solely in accordance
with applicable federal law and the state law of Colorado.
5.20 Responsibilty for Environmental Contamination
5.20.1 Neither Party shall be liable to the other for any costs whatsoever resulting from
the presence or release of any Environmental Hazard that either Party did not introduce to the
affected Work Location. Both Parties shall defend and hold harmless the other, its offcers,
directors and employees from and against any losses, damages, claims, demands, suits,
liabilities, fines, penalties and expenses (including reasonable attorneys' fees) that arise out of
or result from (i) any Environmental Hazard that the Indemnifying Party, its contractors or agents
introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for
which the Indemnifying Party is responsible under Applicable Law.
5.20.2 In the event any suspect materials within Qwest-owned, operated or leased
facilities are identified to be asbestos containing, CLEC wil ensure that to the extent any
activities which it undertakes in the facility disturb such suspect materials, such CLEC activities
wil be in accordance with applicable local, state and federal environmental and health and
safety statutes and regulations. Except for abatement activities undertaken by CLEC or
equipment placement activities that result in the generation of asbestos-containing material,
CLEC does not have any responsibility for managing, nor is it the owner of, nor does it have any
liability for, or in connection with, any asbestos-containing materiaL. Qwest agrees to
immediately notify CLEC if Qwest undertakes any asbestos control or asbestos abatement
activities that potentially could affect CLEC personnel, equipment or operations, including, but
not limited to, contamination of equipment.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 42
Section 5
Terms and Conditions
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 CLEC 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: intagreecagwest.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.lnterconnectioncagwest.com
CLEC:
Thomas C. Hicks
Director - Regulatory
Intrado Communications Inc.
1601 Dry Creek Drive
Phone: 720 494-5800
Fax: 720494-6600
Email: regulatorycaintrado.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 Party is an independent contractor, and has and hereby retains the right to
exercise full control of and supervision over its own performance of its obligations under this
Agreement and retains full control over the employment, direction, compensation and discharge
of all employees assisting in the performance of such obligations. Each Party wil be solely
responsible for all matters relating to payment of such employees, including compliance with
social security taxes, withholding taxes and all other regulations governing such matters. Each
Party will be solely responsible for proper handling, storage, transport and disposal at its own
expense of all (i) substances or materials that it or its contractors or agents bring to, create or
assume control over at Work Locations, and (ii) Waste resulting there from or otherwise
generated in connection with its or its contractors' or agents' activities at the Work Locations.
Subject to the limitations on liability and except as otherwise provided in this Agreement, each
Party shall be responsible for (i) its own acts and performance of all obligations imposed by
Applicable Law in connection with its activities, legal status and property, real or personal, and
(ii) the acts of its own Affiliates, employees, agents and contractors during the performance of
that Party's obligations hereunder.
5.23 No Third Party Beneficiaries
5.23.1 The provisions of this Agreement are for the benefit of the Parties and not for any .
other Person. This Agreement wil not provide any Person not a Party to this Agreement with .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 43
.
.
.
Section 5
Terms and Conditions
any remedy, claim, liability, reimbursement, claim of action, or other right in excess of those
existing by reference in this Agreement.
5.24 Intentionally Left Blank
5.25 Publicity
5.25.1 Neither Party shall publish or use any publicity materials with respect to the
execution and delivery or existence of this Agreement without the prior written approval of the
other Party. Nothing in this section shall limit a Party's ability to issue public statements with
respect to regulatory or judicial proceedings.
5.26 Executed in Counterparts
5.26.1 This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original; but such counterparts shall together constitute one and the same
instrument.
5.27 Compliance
5.27.1 Each Party shall comply with all applicable federal, state, and local laws, rules
and regulations applicable to its performance under this Agreement. Without limiting the
foregoing, Owest and CLEC agree to keep and maintain in full force and effect all permits,
licenses, certificates, and other authorities needed to perform their respective obligations
hereunder.
5.28 Compliance with the Communications Assistance Law Enforcement Act of
1994
5.28.1 Each Party represents and warrants that any equipment, facilities or servces
provided to the other Party under this Agreement comply with the CALEA. Each Party shall
indemnify and hold the other Party harmless from any and all penalties imposed upon the other
Party for such noncompliance and shall at the non-compliant Party's sole cost and expense,
modify or replace any equipment, facilities or services provided to the other Party under this
Agreement to ensure that such equipment, facilities and services fully comply with CALEA.
5.29 Cooperation
5.29.1 The Parties agree that this Agreement involves the provision of Owest services in
ways such services were not previously available and the introduction of new processes and
procedures to provide and bil such services. Accordingly, the Parties agree to work jointly and
cooperatively in testing and implementing processes for pre-ordering, ordering, maintenance,
Provisioning and Biling and in reasonably resolving issues which result from such
implementation on a timely basis. Electronic processes and procedures are addressed in
Section 12 of this Agreement.
5.30 Amendments
5.30.1 Either Party may request an amendment to this Agreement at any time by
providing to the other Party in writing information about the desired amendment and proposed
language changes. If the Parties have not reached agreement on the requested amendment
January 13, 20101msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 44
Section 5
Terms and Conditions
within sixty (60) Days after receipt of the request, either Party may pursue resolution of the .
amendment through the Dispute Resolution provisions of this Agreement.
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 party of any default, misrepresentation, or
breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend
to any prior or subsequent default, misrepresentation, or breach of warranty or covenant
hereunder or affect in any way any rights arising by virtue of any prior or subsequent such
occurrence.
5.31 Entire Agreement
This Agreement (including the documents referred to herein and any amendments to the
Agreement) constitutes the full and entire understanding and agreement between the Parties
with regard to the subjects of this Agreement and supersedes any prior understandings,
agreements, or representations by or between the Parties, written or oral, to the extent they
relate in any way to the subjects of this Agreement.
.
.
January 13, 2010/msd/lntrado/ID/CDS-100112~001O
Qwest Fourteen State Negotiations Template, Decernber 29,2008 45
.
.
.
Section 6
Resale
Section 6.0 - RESALE
6.1 Description
6.1.1 Owest shall offer for resale at wholesale rates any Telecommunications Services
that it provides at retail to subscribers who are not Telecommunications Carriers, subject to the
terms and conditions of this Section. All Owest retail Telecommunications Services are
available for resale from Owest pursuant to the Act and will include terms and conditions
(except prices) in Owests applicable product Tariffs, catalogs, price lists, or other retail
Telecommunications Services offerings. To the extent, however, that a conflict arises between
the terms and conditions of the Tariff, catalog, price list, or other retail Telecommunications
Services offering and this Agreement, this Agreement shall be controllng.
6.1.2 While this Section 6.0 of this Agreement addresses the provision of certain
Owest services to CLEC for resale by CLEC, the Parties also acknowledge that CLEC is
required to provide its Telecommunications Services to Owest for resale by Owest. Upon
request by Owest, CLEC shall make its Telecommunications Services available to Owest for
resale pursuant to the applicable provisions of the Telecommunications Act of 1996, the FCC's
relevant orders and rules, and the Commission's relevant orders and rules.
6.1.3 Certain Owest services are not available for resale under this Agreement, as
noted in Section 6.2. The applicable discounts for services available for resale are identified in
Exhibit A.
6.2 Terms and Conditions
6.2.1 Owest shall offer introductory training on procedures that CLEC must use to
access Owests OSS at no cost to CLEC. If CLEC asks Owest personnel to travel to CLEC's
location to deliver training, CLEC wil pay Owests reasonable travel related expenses. Owest
may also offer to CLEC other training at reasonable costs.
6.2.2 Services available for resale under this Agreement may be resold only to the
same class of End User Customers to which Owest sells such services where such restrictions
have been ordered or approved by the Commission. Such restrictions are listed below in this
Section 6.2.2.
6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale.
Such promotions are available for resale under the same terms and conditions that are
available to Owest retail End User Customers, with no wholesale discount. Should
Owest re-offer any promotion for a sequential ninety (90) Day or less promotion period
following the initial ninety (90) Day or less promotion period, then the initial and
subsequent promotion(s) wil be available to CLEC for resale with any applicable
wholesale discount.
6.2.2.2 Market trials of ninety (90) days or less are not available for resale.
6.2.2.3 Residential services and telephone assistance plans (TAP), including but
not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by
CLEC only to the same class of End User Customers eligible to purchase these services
from Owest.
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 46
Section 6
Resale
6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must
secure TAP credits directly from the appropriate federal or state agency(ies) as .
Qwest wil not collect TAP credits on an ETC's behalf.
6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services,
CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC
and any applicable state requirements governing TAP programs. CLEC shall
complete and provide such certification to Qwest before CLEC purchases TAP
services for resale, and shall re-certify 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 CLEC 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) 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 wil apply to resale of CSAs, including early
termination liability. Nothing in this Agreement shall affect any obligation of any Qwest
retail End User Customer that early terminates a CSA, including payment of any early
termination charges. Where CLEC seeks to continue serving an End User Customer
presently served through a resold Qwest CSA, but wishes to provide such service
through alternate resale arrangements, Qwest shall provide CLEC the same waivers of
early termination liabilities as it makes to its own End User Customers in similar
circumstances. In any case where it is required to offer such a waiver, Qwest shall be
entitled to apply provisions that provide Qwest substantially the same assurances and
benefits that remained to it under the resold agreement as of the time it is changed.
6.2.2.8 Grandfathered services are available for resale by CLEC to existing End
User Customers of the grandfathered product or service.
6.2.2.9 Centrex terms and conditions related to calculation of charges for, and
Provisioning of common blocks, station lines and optional features wil be based on the
Centrex definition of a system and CLEC's serving location.
6.2.2.9.1 Where a common block is applicable, a Centrex system is
defined by a single common block or multiple common blocks for a single CLEC
within a single Central Offce switching system. A common block defines the
dialing plan for intercom callng, access to the Public Switched Network and/or .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 47
Section 6
Resale.private facilities, station line and system restrictions and feature access
arrangements and functionality. CLEC may purchase multiple common blocks
within a single Central Office switching system when CLEC requires different
dialing plans, feature access arrangements and station line or system restrictions
within a single system operation. CLEC with multiple common blocks within the
same Central Office Switch may have network access register and private facilty
trunk groups aggregated across multiple common bfocks. Centrex system based
optional features (Le., Automatic Route Selection) may not be aggregated across
multiple common blocks. A Centrex system must provide station lines to at least
one (1) location and may provide station lines to multiple locations.
.
6.2.2.9.2 Centrex station lines are provisioned and charges are calculated
based on serving CLEC's location. A location is defined as the site where Owest
facilities (cable plant from the serving Central Office Switch) meet CLEC facilities
(inside wire). In a multi-tenant building, Owest may bring facilities directly to a
single Point of Interconnection with CLEC facilities, typically in a basement
equipment room, which would be considered a single location for this multi-
tenant building. Should Owest bring service to multiple floors or offces within a
multi-tenant building each floor or office with a separate CLEC facilities
termination point is considered a location. Where CLEC has multiple buildings
within contiguous property (campus), such buildings wil be provisioned and biled
as a single location. Contiguous property is defined as property owned or leased
by CLEC and not separated by public thoroughfare, river or railroad rights-of-
way. Property wil be considered contiguous when connected via connecting
passageways or conduit acceptable to Owest for its facilities. Where CLEC has
Centrex station lines from multiple Central Offce switching systems, within the
same Owest Wire Center, and provisioned to the same location, CLEC wil not be
charged for service or provisioned as if service was originating from a single
Centrex system. For example, station lines may only be aggregated from a
single CLEC Centrex system to a single CLECserving location for rating
purposes. CLEC may not specify a Central Office as CLEC's location for the
termination of Centrex station lines.
6.2.2.10 Private line service used for Special Access is available for resale but not
at a discount.
6.2.2.11 Intentionally Left Blank.
6.2.2.12 Telecommunications Services provided directly to CLEC for its own use
and not resold to End User Customers must be identified by CLEC as such, and CLEC
wil pay Owest retail prices for such services.
.
6.2.3 Owest shall provide to CLEC Telecommunications Services for resale that are at
least equal in quality and in substantially the same time and manner that Owest provides these
services to itself, its subsidiaries, its Affilates, other Resellers, and Owests retail End User
Customers. Owest shall also provide resold services to CLEC in accordance with the
Commission's retail service quality requirements, if any. Owest further agrees to reimburse
CLEC for credits or fines and penalties assessed against CLEC as a result of Owests failure to
provide service to CLEC, subject to the understanding that any payments made pursuant to this
provision wil be an offset and credit toward any other penalties voluntarily agreed to. by Owest
as part of a performance assurance plan, and further subject to the following provisions:
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 48
Section 6
Resale
6.2.3.1 Qwest shall provide service credits to CLEC for resold services in
accordance with the Commission's retail service requirements that apply to Qwest retail .
services, if any. Such credits shall be limited in accordance with the following:
a) Qwests service credits to CLEC shall be subject to the wholesale
discount;
b) Qwest shall only be liable to provide service credits in accordance with
the resold services provided to CLEC. Qwest is not required to provide service
credits for service failures that are the fault of CLEC;
c) Intentionally Left Blank.
d) Intentionally Left Blank.
e) In no case shall Qwests credits to CLEC exceed the amount Qwest
would pay a Qwest End User Customer under the service quality requirements,
less any wholesale discount applicable to CLEC's resold services; and
f) In no case shall Qwest be required to provide duplicate reimbursement
or payment to CLEC for any service quality failure incident.
6.2.3.2 Fines and Penalties - Qwest shall be liable to pay to CLEC fines and
penalties for resold services' in accordance with the Commission's retail service
requirements that apply to Qwest retail services, if any. Such credits shall be limited in
accordance with the following:
a) Qwests fines and penalties paid to CLEC shall be subject to the
wholesale discount;
.
b) Qwest shall only be liable to provide fines and penalties in accordance
with the resold services provided to CLEC. Qwest is not required to pay fines
and penalties for service failures that are the fault of CLEC;
c) Intentionally Left Blank.
d) In no case shall Qwests fines and penalties to CLEC exceed the
amount Qwest would pay the Commission under the service quality plan, less
any wholesale discount applicable to CLEC's resold services; and
e) In no case shall Qwest be required to provide duplicate reimbursement
or payment to CLEC for any service quality failure incident.
6.2.4 In the event that there are existing agreements between CLEC and Qwest for
resale under Qwest retail Tariffs, catalogs, price lists, or other retail Telecommunications
Services offerings, CLEC may elect to continue to obtain services for resale under the existing
agreements and such retail Tariffs, catalogs, price lists, or other retail Telecommunications
Services offerings, or CLEC may elect to terminate such existing agreements and obtain such
services by adopting this Agreement pursuant to the General Terms.of this Agreement. If CLEC
so adopts this Agreement, the associated wholesale discount specified in Exhibit A of thisAgreement wil apply. .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 49
.
.
.
Section 6
Resale
6.2.5 Intentionally Left Blank.
6.2.6 The Parties may not reserve blocks of telephone numbers except as allowed by
Applicable Law or regulation.
6.2.7 Owest wil accept at no charge one (1) primary white pages Directory Listing for
each main telephone number belonging to CLEC's End User Customer based on End User
Customer information provided to Owest by CLEC. Owest wil place CLEC's End User
Customer's Listings in Owests Directory Assistance Database and wil include such Listings in
Owests Directory Assistance Service. Additional terms and conditions with respect to Directory
Listings are described in the Ancilary Services Section and the Owests Official Directory
Publisher Section of this Agreement.
6.2.8 Owest shall provide to CLEC, for CLEC's End User Customers, E911/911 call
routing to the appropriate Public Safety Answering Point (PSAP). Owest shall not be
responsible for any failure of CLEC to provide accurate End User Customer information for
listings in any databases in which Owest is required to retain and/or maintain such information.
Owest shall provide CLEC's End User Customer information to the Automatic Location
Identification/Database Management System (AU/DMS). Owest shall use its standard process
to update and maintain CLEC's End User Customer service information in the AU/DMS used to
support E911/911 services on the same schedule that it uses for its retail End User Customers.
Owest assumes no liability for the accuracy of information provided by CLEC.
6.2.9 If Owest provides and CLEC accepts Owests Directory Assistance Service or
operator services for CLEC's resold local Exchange Service lines, such Directory Assistance
and operator services may be provided with branding as provided in this Agreement in Sections
10.5 for Directory Assistance Service, and 10.7 for operator services.
6.2.10 CLEC shall designate the Primary Interexchange Carrier (PiC) assignments on
behalf of its End User Customers for InterLA TA and IntraLATA services. CLEC and Owest shall
follow all Applicable Laws, rules and regulations with respect to PIC changes. Owest shall
disclaim any liability for CLEC's improper InterLA TA and LntraLATA PiC change requests, and
CLEC shall disclaim any liability for Owests improper InterLATA (when applicable) and
IntraLATA PIC change requests.
6.2.11 When End User Customers switch from Owest to CLEC, or to CLEC from any
other Reseller and if they do not change their service address to an address served by a
different Rate Center, such End User Customers shall be permitted to retain their current
telephone numbers if they so desire and if such number retention is not prohibited by Applicable
Laws or regulations for number administration and Local Number Portability (LNP).
6.2.12 In the event Owest properly terminates the Provisioning of any resold services to
CLEC for any reason, CLEC shall be responsible for providing any and all necessary notice to
its End User Customers of the termination. In no case shall Owest be responsible for providing
such notice to CLEC's End User Customers. Owest wil provide notice to CLEC of Owests
termination of a resold service on a timely basis consistent with Commission rules and notice
req uirements.
6.2.13 The underlying network provider of a resold service shall be entitled to receive,
from the purchaser of Switched Access, the appropriate access charges pursuant to its then
effective Switched Access Tariff.
January 13, 201 0/msd/lntrado/lD/CDS-1 00112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 50
Section 6
Resale
6.2.14 Resold services are available where facilities currently exist and are capable of
providing such services without construction of additional facilities or enhancement of existing .
facilities. However, if CLEC requests that facilities be constructed or enhanced to provide
resold services, Qwest wil construct facilities to the extent necessary to satisfy its obligations to
provide basic local Exchange Service as set forth in Qwests retail Tariffs, catalogs, price lists,
or other retail Telecommunications Services offerings and Commission rules. Under such
circumstances, Qwest wil develop and provide to CLEC a price quotation for the construction.
Construction charges associated with resold services wil be applied in the same manner that
construction charges apply to Qwest retail End User Customers. If the quotation is accepted by
CLEC, CLEC will be biled the quoted price and construction will commence after receipt of
payment.
6.3 Rates and Charges
6.3.1 Wholesale discounts for resold Telecommunications Services offerings are
provided in Exhibit A. The Telecommunications Services offerings available for resale but
excluded from the wholesale pricing arrangement in the Agreement are available at the retail
Tariff, price list, catalog, or other retail Telecommunications Services offering rates.
Telecommunications Services available for resale with or without a wholesale discount are
subject to Commission-approved change, and any such changes shall apply from the effective
date of such change on a going-forward basis only.
6.3.2 The Customer Transfer Charges (CTC) as specified in Exhibit A apply when
transferring services to CLEC.
6.3.3 A Subscriber Line Charge (SLC), or any subsequent federally mandated charge .
to End User Customers, will continue to be paid by CLEC without discount for each local
exchange line resold under this Agreement. All federal and state rules and regulations
associated with SLC as found in the applicable Qwest Tariffs, catalogs, price lists, or other retail
Telecommunications Services offerings also apply.
6.3.4 CLEC wil pay to Qwest the Primary Interexchange Carrier (PIC) change charge
without discount for CLEC End User Customer changes of Interexchange or IntraLATA Carriers.
Any change in CLEC's End User Customer's Interexchange or IntraLA TA Carrier must be
requested by CLEC on behalf of its End User Customer, and Qwest wil not accept changes to
CLEC's End User Customer's Interexchange or IntraLATA Carrieres) from anyone other than
CLEC.
6.3.5 CLEC agrees to pay Qwest when its End User Customer activates any services
or features that are billed on a per use or per activation basis (e.g., continuous redial, last call
return, call back calling, call trace) subject to the applicable discount in Exhibit A as such may
be amended pursuant to this Section. With respect to all such charges, Qwest shall provide
CLEC with sufficient information to enable CLEC to bil its End User Customers.
6.3.6 Miscellaneous Charges applicable to services ordered for resale by CLEC wil
apply if such Miscellaneous Charges apply for equivalent services ordered by Qwest retail End
User Customers, except that CLEC wil 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..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 51
Section 6
Resale.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 bill new or changed Commission-ordered resale rates or
charges using the effective date for such rates or charges as ordered by the Commission. If
Qwest bills CLEC amounts different from new or changed rates or charges after the effective
date of such rates or charges, Qwest shall make appropriate bil adjustments or provide
appropriate bill credits on CLEC's bill(s).
6.3.9 If rates for services resold by CLEC under this Agreement change, based on
changes in Qwests Tariffs, catalogs, price lists or other retail Telecommunications Services
offerings, charges billed to CLEC for such services wil be based upon the new Tariff, catalogs,
price lists, or other retail Telecommunications Services offerings rates less the applicable
wholesale discount, if any, as agreed to herein or as established by Commission order. The
new rate wil be effective upon the effective date of the Tariff, catalog, price list, or other retail
Telecommunications Services offerings.
6.3.10 Product-specific nonrecurring charges as set forth in Qwests applicable Tariffs,
catalogs, price lists, or other retail Telecommunications Services offerings will apply when new
or additional resold services are ordered and installed at CLEC's request for use by CLEC's End
User Customers. Such nonrecurring charges wil be subject to the wholesale discount, if any,
that applies to the underlying service being added or changed..6.4 Ordering Process
6.4.1 CLEC, or CLEC's agent, shall act as the single point of contact for its End User
Customers' service needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, trouble reports, repair, post-sale servicing,
Billng, collection and inquiry. CLEC's End User Customers contacting Qwest in error wil be
instructed to contact CLEC; and Qwests End User Customers contacting CLEC in error wil be
instructed to contact Qwest. In responding to calls, neither Party shall make disparaging
remarks about each other. To the extent the correct provider can be determined, misdirected
calls received by either Party wil be referred to the proper provider of local Exchange Service;
however, nothing in this Agreement shall be deemed to prohibit Qwest or CLEC from discussing
its products and services with CLEC's or Qwests End User Customers who call the other Part
seeking such information.
6.4.2 CLEC shall transmit to Qwest all information necessary for the ordering (Billng,
Directory Listing and other information), installation, repair, maintenance and post-installation
servicing according to Qwests standard procedures, as described in the Qwest Product Catalog
(PCAT) available on Qwests public web site located at http://ww.qwest.com/wholesale/pcat.
Information shall be provided using Qwests designated Local Service Request (LSR) format
which may include the LSR, End User Customer and resale forms.
.6.4.3 Qwest will use the same performance standards and criteria for installation,
Provisioning, maintenance, and repair of services provided to CLEC for resale under this
Agreement as Qwest provides to itself, its Affilates, its subsidiaries, other Resellers, and Qwest
retail End User Customers. The installation, Provisioning, maintenance, and repair processes
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 52
Section 6
Resale
for CLEC's resale service requests are detailed in the Access to OSS Section of this .
Agreement, and are applicable whether CLEC's resale service requests are submitted via
Operational Support System or by facsimile.
6.4.4 CLEC is responsible for providing to Owest complete and accurate End User
Customer Directory Listing information including initial and updated information for Directory
Assistance Service, white pages directories, and E911/911 Emergency Services. The Ancillary
Services Section of this Agreement contains complete terms and conditions for Directory
Listings for Directory Assistance Services, white pages directories, and E911/911 Emergency
Services.
6.4.5 If Owests retail End User Customer, or the End User Customer's New Service
Provider orders the discontinuance of the End User Customer's existing Owest service in
anticipation of the End User Customer moving to a New Service Provider, Qwest wil render its
closing bill 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, Owest wil bil the Current Service Provider for service through the
date the End User Customer receives resold service from the Current Service Provider. Owest
wil notify CLEC by Operational Support System interface, facsimile, or by other agreed-upon
processes when an End User Customer moves from the Current Service Provider to a New
Service Provider. Owest wil not provide the Current Service Provider with the name of the New
Service Provider selected by the End User Customer.
6.4.6 CLEC shall provide Owest and Owest shall provide CLEC with points of contact
for order entry, problem resolution and repair of the resold services. These points of contact wil .
be identified for both CLEC and Owest in the event special attention is required ona service ..
request.
6.4.7 Prior to placing orders on behalf of the End User Customer, CLEC shall be
responsible for obtaining and having in its possession Proof of Authorization (POA), as set forth
in the POA Section of this Agreement.
6.4.8 Due Date intervals for CLEC's resale service requests are established when
service requests are received by Owest through Operational Support Systems or by facsimile.
Intervals provided to CLEC shall be equivalent to intervals provided by Owest to itself, its
Affliates, its subsidiaries, other Resellers, and to Owests retail End User Customers.
6.5 Biling
6.5.1 Owest shall bill CLEC and CLEC shall be responsible for all applicable charges
for the resold services as provided herein. CLEC shall also be responsible for all Tariffed,
cataloged, price listed, and other retail Telecommunications Services offerings charges and
charges separately identified in this Agreement associated with services that CLEC resells to an
End User Customer under this Agreement.
6.5.2 Owest shall provide CLEC, on a monthly basis, within seven (7) to ten (10) Days
of the last day of the most recent Billng period, in an agreed upon standard electronic Biling
format as detailed in Section 12.2.5, Biling information including (1) a summary bil, and (2)
individual End User Customer sub-account information consistent with the samples available forCLEC review. .
January 13, 2010/msd/lntràdo/ID/CDS-100112-0010
QwestFourteen State Negotiations Template, December 29,2008 53
.
.
.
Section 6
Resale
6.6 Maintenance and Repair
6.6.1 Qwest wil maintain its facilities and equipment used to provide CLEC resold
services. CLEC or its End User Customers may not rearrange, move, disconnect or attempt to
repair Qwests facilities or equipment, including 'facilities or equipment that may terminate or be
located at CLEC's End User Customer's premises, other than by connection or disconnection to
any interface between Qwest and the End User Customer's facilities, without the written consent
of Qwest.
6.6.2 Maintenance and Repair procedures are detailed in Section 12. Access to
telephone numbers and Dialing Parity are discussed in Sections 13 and 14 respectively.
6.6.3 CLEC and Qwest wil employ the procedures for handling misdirected repair calls
as specified in Section 12.3.8 of this Agreement.
6.7 Commingling of Resold Services with Unbundled Network Elements and
Combinations of Unbundled Network Elements
6.7.1 To the extent itis Technically Feasible and pursuant to the terms of Section 9.1,
CLEC may Commingle Telecommunications Services purchased on a resale basis with an
Unbundled Network Element or combination of Unbundled Network Elements.
6.7.1.1 Services are available for Commingling only in the manner in which they
are provided in Qwests applicable product Tariffs, catalogs, price lists, or other
Telecommunications Services offerings.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 54
Section 7
Interconnection
Section 7.0 . INTERCONNECTION .7.1 Interconnection Facilty Options
7.1.1 This Section describes the Interconnection of Qwests network and CLEC's
network for the purpose of exchanging Exchange Service (EAS/Local traffic), IntraLATA LEC
Toll and Jointly Provided Switched Access traffc. Intercarrier traffic exchange wil be mutual
and reciprocal and all traffic exchanged between the Parties must be provisioned pursuant to
this Agreement. A Party that has interconnected or gained access under sections 251 (a) (1),
251 (c)(2), or 251 (c)(3) of the Act, may offer information services through the same
arrangement, so long as it is offering Telecommunications Services through the same
arrangement(s) as welL. Enhanced or information service providers (providers or "Information
Services" as that term is defined in 47 U.S.C. § 153 (20)) that do not also provide domestic or
international telecommunications are not Telecommunications Carriers as defined by the Act
and thus may not interconnect under this Agreement. Qwest wil provide Interconnection at any
Technically Feasible point within its network, including but not limited to, (i) the Line Side of a
local Switch (Le., local switching); (ii) the Trunk Side of a local Switch, (iii) the trunk connection
points for a Tandem Switch, (iv) Central Office Cross Connection points, (v) out-of-band
Signaling Transfer Points necessary to exchange traffic at these points and access call-related
databases, and (vi) points of access to Unbundled Network Elements. Section 9 of this
Agreement describes Interconnection at points (i), (iv), (v), and (vi), although some aspects of
these Interconnection points are described in Section 7. "Interconnection" is as described in the
Act and refers, in this Section of the Agreement, to the connection between networks for the
purpose of transmission and routing of Telephone Exchange Service traffic and IntraLATA LEC
Toll traffic at points (ii) and (iii) described above. Interconnection, which Qwest currently names
"Local Interconnection Service" (LIS), is provided for the purpose of connecting End Office
Switches to End Office Switches or End Office Switches to local or Access Tandem Switches for
the exchange of Exchange Service (EAS/Local traffc); or End Office Switches to Access
Tandem Switches for the exchange of IntraLATA LEC Toll or Jointly Provided Switched Access
traffic. Qwest Tandem Switch to CLEC Tandem Switch connections wil be provided where
Technically Feasible. New or continued Qwest local Tandem Switch to Qwest Access Tandem
Switch and Qwest Access Tandem Switch to Qwest Access Tandem Switch connections are
not required where Qwest can demonstrate that such connections present a risk of Switch
exhaust and that Qwest does not make similar use of its network to transport the local calls of
its own or any Affiliate's End User Customers.
.
7.1.1.1 Qwest wil provide to CLEC Interconnection at least equal in quality to
that provided to itself, to any subsidiary, Affilate, or any other party to which it provides
Interconnection. Notwithstanding specific language in! other sections of this Agreement,
all provisions of this Agreement regarding Interconnection are subject to this
requirement. Qwest wil provide Interconnection under rates, terms and conditions that
are just, reasonable and non-discriminatory. In addition, Qwest shall comply with all
state wholesale and retail service quality requirements.
7.1.2 Methods of Interconnection
The Parties wil negotiate the facilities arrangement used to interconnect their respective
networks. CLEC shall establish at least one (1) physical Point of Interconnection in Qwest
territory in each LATA CLEC has local End User Customers. CLEC represents and warrants
that it is serving End User Customers physically located within each local calling area for which .
it wishes to exchange traffic within Qwest territory. The Parties shall establish, through
January 13, 2010/msdllntrado/ID/CDS-100112-Q010
Qwest Fourteen State Negotiations Template, December 29,2008 55
Section 7
Interconnection.negotiations, at least one (1) of the following Interconnection arrangements, at any Technically
Feasible point: (1) a DS1 or DS3 Qwest-provided facility; (2) Collocation; (3) negotiated Mid-
Span Meet POi facilities; or (4) other Technically Feasible methods of Interconnection via the
Bona Fide Request (BFR) process unless a particular arrangement has been previously
provided to a third party, or is offered by Qwest as a product
7.1.2.1 Qwest-provided Facility. Interconnection may be accomplished through
the provision of a DS1 or DS3 Entrance Facility of CLEC's determination. An Entrance
Facility extends from the Qwest Serving Wire Center to CLEC's Switch location or any
Technically Feasible POi chosen by CLEC. Qwest-provided Entrance Facilities may not
extend beyond the area served by the Qwest Serving Wire Center. The rates for Qwest-
provided Entrance Facilities are provided in Exhibit A. Qwests private line transport
service is available as an alternative to Qwest-provided Entrance Facilities, when CLEC
uses such private line transport service for multiple services. Entrance Facilities may not
be used for Interconnection with Unbundled Network Elements.
7.1.2.2 Collocation. Interconnection may be accomplished through the
Collocation arrangements offered by Qwest. The terms and conditions under which
Collocation wil be available are described in Section 8 of this Agreement.
7.1.2.2.1 Expanded Interconnection Channel Termination (EICT) provides
the communication path that actually connects the physical space or in the case
of virtual collocation, the designated equipment to Qwests direct trunked
transport and must be ordered to provision LIS to a collocation..7.1.2.3 Mid-Span Meet POI. A Mid-Span Meet POI is a negotiated Point of
Interface, limited to the Interconnection of facilities between the Qwest Serving Wire
Center location and the location of the CLEC switch or other equipment located within
the area served by the Qwest Serving Wire Center. The actual physical Point of
Interface and facilities used wil be subject to negotiations between the Parties. Each
Party wil be responsible for its portion of the build to the Mid-Span Meet POI. CLEC
may not use remaining capability in an existing Mid-Span Meet POi to gain access to
Unbundled Network Elements. These Mid-Span Meet POls will consist of facilities used
for the exchange of traffc and joint provisioning of Telecommunications Services to End
User Customers and other Telecommunications Carriers.
7.1.2.4 Intentionally Left Blank.
7.1.2.5 Qwest agrees to provide local Interconnection trunk diversity to the same
extent it does so in Qwests local network.
7.2 Exchange of Traffic
7.2.1 Description
.
7.2.1.1 This Section 7.2 addresses the exchange of traffic between CLEC's
network and Qwests network. Where either Party interconnects and delivers traffic to
the other from third parties, each Party shall bil such third parties the appropriate
charges pursuant to its respective Tariffs or contractual offerings for such third party
terminations. Unless otherwise agreed to by the Parties, via an amendment to this
Agreement, the Parties will directly exchange traffic between their respective networks
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 56
Section 7
Interconnection
without the use of third party transit providers.
7.2.1.2 The traffic types to be exchanged under this Agreementinclude:.
7.2.1.2.1 EAS/local Exchange Service (EAS/Local) traffc as defined in
this Agreement.
7.2.1.2.2 IntraLATA LEC Toll traffic as defined in this Agreement.
7.2.1.2.3 Jointly Provided Switched Access traffic as described in Section
7.5.1. Jointly Provided Switched Access is associated with Meet-Point Biling.
7.2.1.2.4 Transit traffc is any traffic that originates from one (1 )
Telecommunications Carrier's network and/or its end user(s), transits another
Telecommunications Carrier's network, and terminates to yet another
Telecommunications Carrier's network and/or its end user(s). For purposes of
the Agreement, transit traffic does not' include traffic carried by Interexchange
Carriers. That traffic is defined as Jointly Provided Switched Access. Transit
service is provided by Qwest, as a local and Access Tandem Switch provider, to
CLEC to enable the completion of calls originated by or terminated to end users
of another Telecommunications Carrier which is connected to Qwests Switches.
To the extent that CLEC's Switch functions as a local or Access Tandem Switch,
as defined in this Agreement, CLEC may also provide transit service to Qwest.
7.2.1.2.5 Traffc having special Billng or trunking requirements includes,
but is not limited to, the following:
a) Directory Assistance;
b) 911/E911;
c) Operator Busy Line Verify/Busy Line Interrupt;
d) Toll Free Services; and
e) ISP-bound traffic.
.
7.2.2 Terms and Conditions
7.2.2.1 Transport and Termination of Exchange Service (EAS/Local) Traffc
7.2.2.1.1 Exchange Service (EAS/Local) traffic will be terminated as Local
Interconnection Service (LIS).
7.2.2.1.2 As negotiated between the Parties, the transport of Exchange
Service (EAS/Local) traffc may occur in several ways:
7.2.2.1.2.1 One-way or two-way trunk groups may be
established. However, if either Party elects to provision its own one-way
trunks for delivery of Exchange Service (EAS/Local) traffc to be
terminated on the other Party's network, the ordering Party wil provision
its own one-way trunks. The Party ordering one-way trunks will choose ..
the POi location for such one-way trunks.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 57
Section 7
Interconnection.7.2.2.1.2.2 CLEC may purchase transport services from Owest
or from a third party, including a third party that has leased the private line
transport service facility from Owest. Such transport provides a facility for
the LIS trunk to be provisioned in order to deliver the originating Party's
Exchange Service EAS/Local traffic to the terminating Party's End Offce
Switch or Tandem Switch for call termination. Transport may be
purchased from Owest as Tandem Switch routed (Le., tandem switching,
tandem transmission and direct trunked transport) or direct routed (Le.,
direct trunked transport). This Section is not intended to alter either
Party's obligation under Section 251 (a) of the Act.
7.2.2.1.3 When either Party utilizes the' other party's Tandem Switch for
the exchange of local traffic, where there is a DS1's worth of traffic (512 CCS)
between the originating Party's End Office Switch delivered to the other Party's
Tandem Switch for delivery to one (1) of the other Party's End Offce Switches,
the originating Party wil order a direct trunk group to the other Party's End Offce
Switch. To the extent that CLEC has established a Collocation arrangement at a
Owest End Office Switch location, and has available capacity, CLEC may, at its
sole option, provide two-way direct trunk facilities from that End Offce Switch to
CLEC's Switch.
.
7.2.2.1.4 LIS ordered to a Tandem Switch wil be provided as direct
trunked transport between the Serving Wire Center of CLEC's POi and the
Tandem Switch. Tandem transmission rates, as specified in Exhibit A of this
Agreement, wil apply to the transport provided from the Tandem Switch to
Owests End Office Switch.
7.2.2.1.5 If direct trunked transport is greater than fifty (50) miles in
length, and existing facilities are not available in either Party's network, and the
Parties have not been able to resolve the issue through Mid-Span Meet
arrangements, and the Parties cannot agree as to which Party wil provide the
facility, the Parties may bring the matter before the Commission for resolution on
an Individual Case Basis.
7.2.2.1.6 Regardless of the number of Location Routing Numbers (LRNs)
used by CLEC in a LATA, Owest wil route traffc destined for CLEC's End User
Customers via direct trunking where direct trunking has been established. In the
event that direct trunking has not been established, such traffc shall be routed
via a Owest Tandem Switch.
7.2.2.2 IntraLATA LEC Toll Traffc
7.2.2.2.1 One-way or two-way trunk groups may be established.
However, if either Party elects to provision its own one-way trunks for delivery of
I ntra LA TA LEC Toll traffic to be terminated on the other Party's network, the
ordering Party will provision its own one-way trunks. The Party or:dering one-way
trunks will choose the POI location for such one-way trunks. IntraLATA LEC Toll
traffc shall be delivered to Owest at the Access Tandem Switch or via separate
trunks to Owests End Office Switch(es), as designated by CLEC..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 58
Section 7
Interconnection
7.2.2.3 Transit Traffc .7.2.2.3.1 Qwest wil accept traffic originated by CLEC's network and/or its
end user(s) for termination to other Telecommunications Carrier's network and/or
its end users that is connected to Qwests Switch. Qwest wil also terminate
traffc from these other Telecommunications Carriers' network and/or its end
users to CLEC's network and/or its end users. For purposes of the Agreement,
transit traffic does not include traffc carried by Interexchange Carriers. That
traffic is defined as Jointly Provided Switched Access.
7.2.2.3.2 The Parties involved in transporting transit traffic wil deliver calls
to each involved network with CCS/SS7 protocol and the appropriate ISUPITCAP
messages to faciltate fullinteroperabilty and Billing functions.
7.2.2.3.3 The originating company is responsible for payment of
appropriate rates to the transit company and to the terminating company. The
Parties agree to enter into traffic exchange agreements with third party
Telecommunications Carriers prior to delivering traffic to be transited to third
party Telecommunications Carriers. In the event one Party originates traffic that
transits the second Party's network to reach a third party Telecommunications
Carrier with whom the originating Party does not have a traffc exchange
agreement, then the originating Party wil indemnify, defend and hold harmless
the second Party against any and all charges levied by such third party
Telecommunications Carrier, including any termination charges related to such
traffic and any attorneys fees and expenses. In the case of IntraLATA LEC Toll
traffc where Qwest is the designated IntraLATA Toll provider for existing LECs, .
Qwest wil be responsible for payment of appropriate usage rates.
7.2.2.3.4 When Qwest receives an unqueried call from CLEC toa
telephone number that has been ported to another local services provider, the
transit rate wil apply in addition to any query rates.
7.2.2.3.5 In the case of a transit call that terminates in the Local Callng
Area but in a different state than the call originated, and the CLEC does not have
an agreement with Qwest in the state where the transit call terminated, CLEC
must execute an agreement for that state if it is a state served by Qwest. In the
absence of a second agreement, the transit rate in Exhibit A of this Agreement
wil be billed to the CLEC.
7.2.2.4 Jointly Provided Switched Access. The Parties will use industry
standards developed and routing based on the LERG to handìe the Provisioning and
Biling of Jointly Provided Switched Access (MECAB, MECOD, and the Parties' FCC and
state access Tariffs). Each Part wil bil the IXC the appropriate portion of its Switched
Access rates. Qwest will also provide the one-time notification to CLEC of the biling
name, biling address and Carrier identification codes of the IXCs subtending any
Access Tandem Switches to which CLEC directly connects: This type of traffic is
discussed separately in this Section.
7.2.2.5 Interface Code Availability. Supervisory signaling specifications, and the
applicable network channel interface codes for LIS trunks can be found in the Qwest .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 59
Section 7
Interconnection.Technical Publication for Local Interconnection Service 77398.
7.2.2.6 Signaling Options
7.2.2.6.1 SS7 Out-of-Band Signaling. SS7 Out-of-Band Signaling must
be requested on orders for LIS trunks. Common Channel Signaling Access
Capability Service may be obtained under Qwest Intrastate and/or FCC Access
Tariffs or from a third party signaling provider. Each of the Parties, Qwest and
CLEC, will provide for Interconnection of their signaling network for the mutual
exchange of signaling information in accordance with the industry standards as
described in Telcordia documents, including but not limited to GR-905 CORE,
GR-954 CORE, GR-394 CORE and Qwest Technical Publication 77342.
7.2.2.6.2 Clear Channel Capability. Clear Channel Capability (64CCC)
permits 24 DSO-64 Kbps services or 1.536 Mbps of information on the 1.544
Mbps/s line rate. 64CCC is available for LIS trunks equipped withSS7 Out-of-
Band Signaling. 64CCC must be requested on the order for new LIS trunks.
Qwest wil provide CLEC with a listing of Qwest Switches fully capable of routing
64CCC traffic through the Qwest web site: http://ww.qwest.com/disclosures.
Where available to Qwest, Qwest will provide CLEC with the same 64CCC on an
alternate route or if necessary via an overlay network.
.
7.2.2.7 Measurement of terminating Local Interconnection Service (LIS) minutes
begins when the terminating LIS entry Switch receives answer supervision from the
called End User Customer's End Office Switch indicating the called End User Customer
has answered. The measurement of terminating call usage over LIS trunks ends when
the terminating LIS entry Switch receives disconnect supervision from either the called
End User Customer's End Offce Switch, indicating the called End User Customer has
disconnected, or CLEC's Point of Interconnection, whichever is recognized first by the
entry Switch. This is commonly referred to as "conversation time." The Parties wil only
charge for actual minutes of use and/or fractions thereof of completed calls. Minutes of
use are aggregated at the end of the Biling cycle by End Office Switch and rounded to
the nearest whole minute.
7.2.2.8 LIS Forecasting
7.2.2.8.1 Both CLEC and Qwest shall work in good faith to define a
mutually agreed upon forecast of LIS trunking.
.
7.2.2.8.2 Both Parties shall have the obligation to participate in semi-
annual joint planning meetings to establish trunk design and Provisioning
requirements. The Parties agree to provide mutual trunk forecast information to
ensure End User Customer call completion between the Parties' networks. Such
forecasts shall be for LIS trunking that impacts the Switch capacity and facilities
of each Party. Qwest shall provide CLEC trunk group specific projections to
CLEC on or before the date of the joint planning meeting.
7.2.2.8.3 Switch capacity growth requiring the addition of new switching
modules may require six (6) months to order and instalL. To align with the
timeframe needed to provide for the requested facilities, including engineering,
ordering, installation and make ready activities, for capacity growth, Qwest wil
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 60
Section 7
Interconnection
utilize CLEC's semi-annual forecasts and near-term demand submitted on
Unforecast Demand Notification Forms to ensure availability of Switch capacity. .
7.2.2.8.4
period.
The forecast will identify trunking requirements for a two (2) year
7.2.2.8.5 Both Parties wil follow the forecasting and Provisioning
requirements of this Agreement for the appropriate sizing of trunks, and use of
direct End Office Switch versus Tandem Switch routing. See Section 7.2.2.1.3.
7.2.2.8.6 Intentionally Left Blank
7.2.2.8.7 Joint planning meetings wil be used to bring clarity to the
process. Each Party will provide adequate information associated with the
Qwest LIS Trunk Forecast Forms in addition to its forecasts. During the joint
planning meetings, both Parties shall provide information on major network
projects anticipated for the following year that may impact the other Party's
forecast or Interconnection requirements. No later than two (2) weeks prior to
the joint planning meetings, the Parties shall exchange information to faciltate
the planning process. Qwest shall provide CLEC a report reflecting then current
spare capacity at each Qwest Switch that may impact the Interconnection traffc.
Qwest shall also provide a report reflecting then current blocking of local direct
and alternate final trunk groups, Interconnection and non-Interconnection alike.
CLEC wil be provided Interconnection trunk group data on its own trunks. Qwest
shall also provide a report reflecting Tandem Switch routed Interconnection
trunking that has exceeded 512BHCCS. The information is Proprietary, provided .
under non-disclosure and is to be used solely for Interconnection network
planning.
7.2.2.8.8 In addition to the above information, CLEC shall provide:
a) Completed Qwest LIS Trunk Forecast Forms; and
b) Any planned use of an alternate Tandem Switch provider.
7.2.2.8.9 In addition to the above information, the following information
wil be available through the Local Exchange Routing Guide or the
Interconnections (ICONN) Database. The LERG is available through Telcordia.
ICONN is available through the Qwest web site.
a) Qwest Tandem Switches and Qwest End Offce Switches (LERG);
b) CLLI codes (LERG);
c) Business/Residence line counts (ICONN);
d) Switch type (LERG or ICONN); and
e) Current and planned Switch generics (ICONN).
Qwest will notify CLEC six (6) months prior to LERG amendment, the anticipation .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 61
Section 7
Interconnection.of a new local Tandem Switch.
7.2.2.8.10 Qwest network disclosure of deployment information for specific
technical capabilities (e.g., ISDN deployment, 64 CCC, etc.) shall be provided on
Qwests web site, http://ww.qwest.com/disclosures.
7.2.2.8.11 When appropriate, Qwest will notify CLEC through the Qwest
Trunk Group Servicing Request (TGSR) process of the need to take action and
place orders in accordance with the forecasted trunk requirements. CLEC shall
respond to the TGSR within ten (10) business days of receipt.
7.2.2.8.12 The following terms shall apply to the forecasting process:
7.2.2.8.12.1 CLEC forecasts may be provided to Qwest as
detailed in Qwests Trunk Forecast Form;
7.2.2.8.12.2 CLEC forecasts provided to Qwest, information
provided by CLEC to Qwest outside of the normal forecasting process to
modify the forecast, and forecasting information disclosed by Qwest to
CLEC shall be deemed Confidential Information and the Parties may not
distribute, disclose or reveal, in any, form, this material other than as
allowed and described in subsections 5.16.9.1 and 5.16.9.2.
.7.2.2.8.13 To the extent that CLEC's historical trunking underutilization is
such that it inhibits Qwest from provisioning trunking to itself or other carriers
without Qwest augmenting its switch for additional trunking capacity, Qwest
reserves the right to reclaim the facilities. for the purpose of providing capacity to
itself or other carriers. Qwest shall not leave the CLEC-assigned trunk group
with less than twenty five percent (25%) excess capacity. Ancilary trunk groups
are excluded from this treatment.
7.2.2.8.14 Intentionally Left Blank.
7.2.2.8.15 Each Party shall provide a specified point of contact for
planning, forecasting and trunk servicing purposes.
.
7.2.2.8.16 Interconnection facilities provided on a route that involves
extraordinary circumstances may be subject to the Construction Charges, as
detailed in Section 19 of this Agreement. When Qwest claims extraordinary
circumstances exist, it must apply to the Commission for approval of such
charges by showing that CLEC alone is the sole cause of such construction.
Qwest shall initiate such proceeding within ten (10) Days of notifying CLEC in
writing that it wil not construct the requested facilities, or within ten (10) Days of
notice from CLEC in writing that Qwest must either commence construction of
the facilities or initiate such proceeding with the Commission. In this proceeding,
Qwest shall not object to using the most expeditious procedure available under
state law, rule or regulation. Qwest shall be relieved of its obligation of
constructing such facilties during the pendency of the proceeding before the
Commission. If the Commission approves such charges, Qwest and CLEC wil
share costs in proportion to each Part's use of the overall capacity of the route
involved. Qwest and CLEC may also choose to work in good faith to identify and
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 62
Section 7
Interconnection
locate alternative routes that can be used to accommodate CLEC forecasted
build. Extraordinary circumstances include, but are not limited to, natural .
obstructions such as lakes, rivers, or steep terrain, and legal obstructions such
as governmental, federal, Native American or private rights of way. The standard
Owest forecast period of six (6) months may not apply under these
circumstances. Construction Charges shall not apply in the event that
construction is an augment of an existing route.
7.2.2.9 Trunking Requirements
7.2.2.9.1 The Parties wil provide designed Interconnection facilities that
meet the same technical criteria and service standards, such as probability of
blocking in peak hours and transmission standards, in accordance with current
industry standards, state requirements and standards provided for in the ROC
and incorporated herein by reference.
7.2.2.9.1.1 Owest shall provide monthly reports to CLEC on all
Interconnection trunk groups and quarterly reports on all interoffce trunk
groups carrying EAS/Local traffc between Owest Tandem Switches and
Owest End Office Switches. The reports wil contain busy hour traffic
data, including but not Iímited to, overflow and the number of trunks in
each trunk group.
7.2.2.9.2 Intentionally Left Blank.
7.2.2.9.3 Separate trunk groups may be established based on Billing, .
signaling, and network requirements. The following is the current list of traffc
types that require separate trunk groups, unless specifically otherwise stated in
this Agreement.
a) Directory Assistance trunks (where the Switch type requires
separation from operator services trunks);
b) 911 /E911 trunks;
c) Operator services trunks (where the Switch type requires
separation from Directory Assistance trunks);
d) Mass callng trunks, if applicable.
7.2.2.9.3.1 Exchange Service (EAS/Local), ISP-Bound Traffic,
IntraLATA LEC Toll, and Jointly Provided Switched Access may be
combined in a single LIS trunk group at access tandems as appropriate
per Section 7.2.2.9.6. Jointly Provided Switched Access may, upon
request, be routed on a separate LIS trunk group with all other traffic
combined on the other trunk group at access tandems as appropriate per
Section 7.2.2.9.6.
7.2.2.9.3.2 CLEC may combine their originating Exchange
Service (EAS/Local) traffic, terminating IntraLATA LEC Toll traffic and
Switched Access FG D traffic on the same FG D trunk group. .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 63
Section 7
Interconnection.7.2.2.9.3.2.1 CLEC wil order a two-way LIS trunk group to
Qwests access tandems for the purpose of exchanging originating
and terminating Jointly Provided Switched Access traffic.
7.2.2.9.3.2.2 Qwest wil send Qwest originating Exchange Service
(EAS/Local) traffic, IntraLATA LEC Toll traffic and transit traffc on
LIS trunks.
7.2.2.9.3.2.3 When CLEC chooses this option, CLEC wil send a
letter to Qwest prior to ordering this service to alert Qwest of the
CLEC's plan to order their service in this manner. This letter wil
indicate the CLEC's timeframe, FG D Provider and BANS and states
involved in this option. Qwest will need up to two months lead time to
ensure that the appropriate mechanized biling is set up.
7.2.2.9.4 Trunks will be ordered in increments of DS1 for exchange of
EAS/Local, and IntraLATA Toll/Jointly Provided Switched Access traffic.
Directory Assistance, 911/E911, operator Busy Line Interrupt and Busy Line
Verify; and Toll Free Service trunks may be ordered in DSO.
7.2.2.9.5 The Parties wil provide Common Channel Signaling (CCS) to
one another in conjunction with all trunk circuits, except as provided below.
.a) The Parties wil provision all trunking using SS7/CCS capabilities.
Exceptions to this arrangement would be limited to operator services
trunking, Directory Assistance trunking and 911 trunking. Qwest wil not
require a Bona Fide Request to accomplish Interconnection with a Qwest
Central Office Switch not currently equipped for SS7and where MF
signaling is used. When the SS7/CCS option becomes available in the
Qwest network for said trunking, the Parties wil provision new trunks
using SS7. In addition, the Parties will jointly work to convert existing
trunking to SS7, as appropriate.
b) When the Parties interconnect via CCS for Jointly Provided
Switched Access Service, the Tandem Switch provider will provide
MF/CCS interworking as required for Interconnection with Interexchange
Carriers who use MF signaling.
.
7.2.2.9.6 CLEC may interconnect at either the Qwest local Tandem
Switch or the Qwest Access Tandem Switch for the delivery of local exchange
traffc. When CLEC is interconnected at the Access Tandem Switch and where
there would be a DS1's worth of local traffc (512 BHCCS) between CLEC's
Switch and those Qwest End Offce Switches subtending a Qwest local Tandem
Switch, CLEC wil order a direct trunk group to the Qwest local Tandem Switch.
7.2.2.9.6.1 Qwest wil allow Interconnection for the exchange of
local traffic at Qwests Access Tandem Switch without requiring
Interconnection at the local Tandem Switch, at least in those
circumstances when traffc volumes do not justify direct connection to the
local Tandem Switch; and regardless of whether capacity at the Access
Tandem Switch is exhausted or forecasted to exhaust.
January 13, 2010/msd/lntrado/ID/CDS-100112..010
Qwest Fourteen State Negotiations Template, Decmber 29, 2008 64
Section 7
Interconnection
7.2.2.9.7 To the extent Qwest is using a specific End Office Switch to
deliver limited Tandem Switch functionality to itself, a wireless service provider, .
another CLEC, or another ILEC, it wil arrange the same trunking for CLEC.
7.2.2.9.8 Alternate Traffc Routing. If CLEC has a LIS arrangement which
provides two (2) paths to a Qwest End Office Switch (one (1) route via a Tandem
Switch and one (1) direct route), CLEC may elect to utilize alternate traffic
routing. CLEC traffic wil be offered first to the direct trunk group (also referred to
as the "primary high" route) and then overflow to the Tandem Switch group (also
referred to as the "alternate final" route) for completion to Qwest End Offce
Switches.
7.2.2.9.9 Host-Remote. When a Qwest Wire Center is served by a
remote End Offce Switch, CLEC may deliver traffic to the host Central Office or
to the Tandem Switch.
7.2.2.10 Testing
7.2.2.10.1 Acceptance Testing. At the time of installation of a LIS trunk
group, and at no additional charge, acceptance tests wil be performed to ensure
that the service is operational and meets the applicable technical parameters.
7.2.2.10.2 Testing Capabilties
7.2.2.10.2.1 LIS Acceptance Testing is provided where
equipment is available, with the following test lines: seven-digit access to .
balance (100 type), millwatt (102 type), nonsynchronous or synchronous,
automatic transmission measuring (105 type), data transmission (107
type), loop-around, short circuit, open circuit, and non-inverting digital
loop-back (108 type), and such other acceptance testing that may be
needed to ensure that the service is operational and meets the applicable
technical parameters.
7.2.2.10.2.2 In addition to LIS acceptance testing, other tests are
available (e.g., additional cooperative acceptance testing, automatic
scheduled testing, cooperative scheduled testing, manual scheduled
testing, and non-scheduled testing). Charges for such testing are
identified in Section 7.3.5.
7.2.2.10.3 Repair Testing. At the time of repair of a LIS trunk group, at no
additional charge, tests wil be performed to ensure that the service is operational
and meets the applicable technical parameters.
7.2.2.11 Mileage Measurement. Where required, the mileage measurement for
LIS rate elements is determined in the same manner as the mileage measurement for
V&H methodology as outlined in NECA Tariff NO.4.
.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 65
.
.
.
Section 7
Interconnection
7.3 Intercarrier Compensation
7.3.1 Interconnection Facilty Options
The Intercarrier Compensation provisions of this Agreement shall apply to the exchange of
Exchange Service (EAS/Local) traffic between CLEC's network and Owests network. Where
either Party acts as an IntraLATA Toll provider, each Party shall bil the other the appropriate
charges pursuant to its respective tariff or price lists. Where either Party interconnects and
delivers traffic to the other from third parties, each Party shall bil such third parties the
appropriate charges pursuant to its respective tariffs, price lists or contractual offerings for such
third party terminations. Absent a separately negotiated agreement to the contrary, the Parties
wil directly exchange traffic between their respective networks without the use of third party
transit providers.
7.3.1.1 LIS Entrance Facilities
7.3.1.1.1 Recurring and nonrecurring rates for LIS Entrance Facilities are
specified in Exhibit A and wil apply for those DS1 or DS3 facilities dedicated to
use as LIS.
7.3.1.1.2 If CLEC chooses to provision LIS facilities over an existing
facility purchased as private line transport service from the Owest state or FCC
access Tariffs, the rates from those Tariffs wil apply.
7.3.1.1.3 If the Parties elect to establish LIS two-way trunks, for reciprocal
exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way
facilities shall be shared among the Parties by reducing the LIS two-way
Entrance Facility (EF) rate element charges as follows:
7.3.1.1.3.1 The provider of the LIS two-way Entrance Facility
(EF) wil initially share the cost of the LIS two-way EF by assuming an
initial relative use factor (RUF) of fifty percent (50%) for a minimum of one
(1) quarter if the Parties have not exchanged LIS traffic previously. The
nominal charge to the other Party for the use of the EF, as described in
Exhibit A, shall be reduced by this initial relative use factor. Payments by
the other Party wil be according to this initial relative use factor for a
minimum of one (1) quarter. The initial relative use factor wil continue for
both bil reduction and payments until the Parties agree to a new factor,
based upon actual minutes of use data for non-ISP-bound traffc to
substantiate a change in that factor. If CLEC's End User Customers are
assigned NPA-NXXs associated with a rate center different from the rate
center where the End User Customers are physically located, traffc that
does not originate and terminate within the same Owest Local Callng
Area, regardless of the called and callng NPA-NXXs involving those End
User Customers, is referred to as "VNXX traffc." For purposes of
determining the relative use factor, the terminating carrier is responsible
for ISP-bound traffc and for VNXX traffc. If either Party demonstrates
with traffc data that actual minutes of use during the previous quarter
justifies a new relative use factor, that Party wil send a notice to the other
Party. The new factor wil be calculated based upon Exhibit H. Once the
Parties finalize a new factor, bil reductions and payments wil apply going
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourten State Negotiations Template, December 29;2008 66
Section 7
Interconnection
forward from the date the original notice was sent. ISP-bound traffic or
traffc delivered to Enhanced Service providers is interstate in nature. .
Collocation7.3.1.2
7.3.1.2.1 See Section 8.
7.3.2 Direct Trunked Transport
7.3.2.1
Party.
Either Part may elect to purchase direct trunked transport from the other
7.3.2.1.1 Direct trunked transport (DTT) is available between the Serving
Wire Center of the POI and the terminating Party's Tandem Switch or End Office
Switches. The applicable rates are described in Exhibit A. Drr facilities are
provided as dedicated DS3, DS1 or DSO facilities.
7.3.2.1.2 When DTT is provided to a local or Access Tandem Switch for
Exchange Service (EAS/Local) traffc, or to an Access Tandem Switch for
IntraLATA LEC Toll, or Jointly Provided Switched Access traffic, the applicable
Drr rate elements apply between the Serving Wire Center and the Tandem
Switch. Additional rate elements for delivery of traffic to the terminating End
Office Switch are tandem switching and tandem transmission. These rates are
described below.
7.3.2.1.3 Mileage shall be measured for Drr based on V&H coordinates .
between the Serving Wire Center and the local/Access Tandem Switch or End
Offce Switch.
7.3.2.1.4 Fixed Charges per DSO, DS1 or DS3 and per mile charges are
defined for DTT in Exhibit A of this Agreement.
7.3.2.2 If the Parties elect to establish LIS two-way Drr trunks, for reciprocal
exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way Drr
facilities shall be shared among the Parties by reducing the LIS two-way DTT rate
element charges as follows:
7.3.2.2.1 The provider of the LIS two-way DTT facility wil initially share
the cost of the LIS two-way DTT facility by assuming an initial relative use factor
of fifty percent (50%) for a minimum of one (1) quarter if the Parties have not
exchanged LIS traffic previously. The nominal charge to the other Party for the
use of the Drr facilty, as described in Exhibit A, shall be reduced by this initial
relative use factor. Payments by the other Part wil be according to this initial
relative use factor for a minimum of one (1) quarter. The initial relative use factor
wil continue for both bil reduction and payments until the Parties agree to a new
factor, based upon actual minutes of use data for non-ISP-bound traffic to
substantiate a change in that factor. If CLEC's End User Customers are
assigned NPA-NXXs associated with a rate center other than the rate center
where the End User Customers are physically located, traffic that does not
originate and terminate within the same Owest Local Callng Area, regardless of
the called and callng NPA-NXXs involving those End User Customers, is .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 67
.
.
.
Section 7
Interconnection
referred to as "VNXX traffic." For purposes of determining the relative use factor,
the terminating carrier is responsible for ISP-bound traffic and for VNXX traffic. If
either Party demonstrates with traffic data that actual minutes of use during the
previous quarter justifies a new relative use factor, that Party wil send a notice to
the other Party. The new factor wil be calculated based upon Exhibit H. Once
the Parties finalize a new factor, bil reductions and payments wil apply going
forward from the date the original notice was sent. ISP-bound traffic is interstate
in nature. Qwest has never agreed to exchange VNXX traffc with CLEC.
7.3.2.3 Multiplexing options (DS1/DS3 MUX or DSO/DS1 MUX) are available at
rates described in Exhibit A.
7.3.3 Trunk Nonrecurring charges
7.3.3.1 Installation nonrecurring charges may be assessed by the provider for
each LIS trunk ordered. Qwest rates are specified in Exhibit A.
7.3.3.2 Nonrecurring charges for rearrangement may be assessed by the
provider for each LIS trunk rearrangement ordered, at one-half (1/2) the rates specified
in Exhibit A.
7.3.4 Exchange Service (EAS/Local) Traffc
7.3.4.1 End Offce Switch Call Termination
7.3.4.1.1 The per-minute-of-use call termination rates as described in
Exhibit A of this Agreement wil apply reciprocally for Exchange Service
(EAS/Local) traffic terminated at a Qwest or CLEC End Ofice Switch.
7.3.4.1.2 For purposes of call termination, CLEC Switch(es) shall be
treated as End Office Switch(es) unless CLEC's Switch(es) meet the definition of
a Tandem Switch in this Agreement in the Definitions Section.
7.3.4.1.3 Intentionally Left Blank.
7.3.4.1.4 Neither Party shall be responsible to the other for call
termination charges associated with third party traffic that transits such Party's
network.
7.3.4.2 Tandem Switched Transport
7.3.4.2.1 For traffic delivered through a Qwest or CLEC Tandem Switch
(as defined in this Agreement), the tandem switching rate and the tandem
transmission rate in Exhibit A shall apply per minute in addition to the End Office
Switch call termination rate described above.
7.3.4.2.2 Mileage shall be measured for the tandem transmission rate
elements based on V&H coordinates between the Tandem Switch and
terminating End Offce Switch.
7.3.4.2.3 When a Party terminates traffc to a remote Switch, tandem
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 68
Section 7
Interconnection
transmission rates wil be applied for the V&H mileage between the host Switch .
and the remote Switch when the identity of each is filed in the NECA 4 Tariff.
7.3.4.2.4 When Owest receives an unqueried call from CLEC to a number
that has been ported to another Switch within the EAS/Local Callng Area, and
Owest performs the query, mileage sensitive tandem transmission rates wil
apply which reflect the distance to the End Offce Switch to which the call has
been ported.
7.3.4.2.4.1 To determine the responsible originating Carrier of
unqueried calls for purposes of identification of the Carrier to bill LNP
query charges, Owest and CLEC are required to utilize the Number
Portability Administration Center (NPAC) database, or another database
that is supported by OBF.
7.3.4.3 Intentionally Left Blank.
7.3.4.4 CLEC may choose one (1) of the following two (2) options for the
exchange of traffic subject to Section 251(b)(5) of the Act ("Section 251(b)(5) Traffic")
(see Exhibit J):
7.3.4.4.1 The rates applicable to Section 251(b)(5) Traffc between Owest
and CLEC shall be the same as the rates established for ISP-bound traffic
pursuant to Section 7.3.6. Such rate for ISP-bound traffic will apply to Section
251(b)(5) Traffc in lieu of End Offce Switch Call Termination rates, and Tandem
Switched Transport rates..7.3.4.4.2 The compensation rate for Section 251(b)(5) Traffic shall be as
established by the Commission. The Parties shall cooperate in establishing a
process by which Section 251(b)(5) Traffic and ISP-bound traffic will be identified
in order to compensate one another at the appropriate rates and in a prompt
manner (see Section 7.3.6).
7.3.4.5 The Parties wil not pay terminating compensation on traffic, including
ISP-bound traffc, when the traffic does not originate and terminate within the same
Owest Local Callng Area, regardless of the callng and called NPA-NXXs and,
specifically, regardless whether an End User Customer is assigned an NPA-NXX
associated with a rate center that is different from the rate center where the End User
Customer is physically located (also known as "VNXX traffc"). Owests agreement to
the terms in this paragraph is without waiver or prejudice to Owests position is that it has
never agreed to exchange VNXX traffic with CLEC.
7.3.5 Miscellaneous Charges
Miscellaneous Charges apply for the following miscellaneous services when provided with LIS
trunks. Exhibit A includes a reference to the Tariff, catalog, price list, or other similar document
that provides the amount of each Miscellaneous Charge.
7.3.5.1 Cancellation charges apply to cancelled LIS trunk orders based upon
critical dates, terms and conditions in accordance with the Access Service Tariff Section5.2.3 and trunk nonrecurring charges referenced in this Agreement. .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 69
.
.
.
Section 7
Interconnection
7.3.5.2 Expedite requests for LIS trunk orders are available. Expedites are
requests for intervals that are shorter than the interval defined in Owests Service
Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates. Expedite charges apply
per order for every day that the Due Date interval is shortened, based on the standard
interval in the SIG or based on ICB criteria for Due Dates.
7.3.5.2.1 CLEC wil request an expedite for LIS trunks, including an
expedited Due Date, on the Access Service Request (ASR).
7.3.5.2.2 The request for expedite wil be approved only when the request
meets the criteria outlined in the Pre-Approved Expedite Process in Owests
Product Catalog at Owests wholesale web site.
7.3.5.3 Additional testing, including cooperative acceptance testing,automatic
scheduled testing, cooperative scheduled testing, manual scheduled testing, and non-
scheduled testing, is available for LIS trunks.
7.3.6 ISP-Bound Traffc
7.3.6.1 Subject to the terms of this Section, terminating compensation for ISP-
bound traffic exchanged between Owest and CLEC will be biled pursuant to rates in
Exhibit A, without limitation as to the number of minutes of use (MOU) or whether the
MOU are generated in "new markets" as that term has been defined by the FCC so long
as the ISP for which the call is bound is physically located in the same local callng area
as the End User Customer originating the calL.
7.3.6.2 Identification of ISP-Bound Traffc - Owest will presume traffic delivered
to CLEC that exceeds a 3:1 ratio of terminating (Owest to CLEC) to originating (CLEC to
Owest) traffc is ISP-bound traffic. Either Party may rebut this presumption by
demonstrating the factual ratio to the Commission. Traffc exchanged that is not ISP-
bound traffic wil be considered to be Section 251(b)(5) traffic. The provisions in this
Section apply regardless how the ISP-bound traffc is determined.
7.3.6.3 Intentionally Left Blank.
7.3.6.4 The CLEC is responsible for payment of one-way facilities and/or trunking
provisioned solely for Owest-originated ISP-bound traffic.
7.3.7 Transit Traffc
The following rates wil apply:
7.3.7.1 Local Transit: A per-minute-of-use rate wil be charged to the originating
Party, as contained in Exhibit A.
7.3.7.2 IntraLATA Toll Transit: A per-minute-of-use rate wil be charged to the
originating Party, as contained in Exhibit A.
7.3.7.3 Jointly Provided Switched Access: The applicable Switched Access rates
will be biled by the Parties to the IXC based on MECAB guidelines and each Party's
respective FCC and state access Tariffs.
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 70
Section 7
Interconnection
7.3.8 Signaling Parameters: Qwest and CLEC are required to provide each other the
proper signaling information (e.g., originating Callng Party Number (CPN), Charge Number .
(ChN) and destination called party number, etc.) per 47 C.F.R. § 64.1601 to enable each Party
to issue bils in a complete and timely fashion. All CCS signaling parameters will be provided
including CPN, callng party category, ChN and Originating Line Information Parameter (OUP)
on calls destined for Interexchange Carriers (IXCs). All privacy indicators wil be honored.
Where SS7 connections exist, each Party shall pass all CCS signaling parameters, where
available, on each EAS/Local and IntraLATA toll call carried over Interconnection trunks. All
EAS/Local and IntraLATA Toll calls exchanged without ChN and/or CPN information will be
biled as either EAS/Local Traffic or IntraLATA Toll Traffic in direct proportion to the minutes of
use (MOU) of calls exchanged with ChN and/or CPN information for the preceding quarter when
the calls traverse a Switched Access Feature Group D trunk group. If either Party fails to
provide ChN and/or CPN (valid originating information), and cannot substantiate technical
restrictions (Le., MF signaling) such traffc wil be biled as Intrastate Switched Access when the
calls traverse an interconnection trunk. Traffc sent to the other Party on its interconnection
trunks without ChN and/or CPN (valid originating information) wil be handled in the following
manner. The transit provider will be responsible for only its portion of this traffc, which will not
exceed more than five percent (5%) of the total Exchange Service (EAS/Local) and IntraLATA
LEC Toll traffc delivered to the other Party. The Switch owner wil provide to the other Party,
, upon request, information to demonstrate that Party's portion of no-CPN/ChN traffc does not
exceed five percent (5%) of the total traffc delivered. The Parties will coordinate and exchange
data as necessary to determine the cause of the CPN/ChN failure and to assist its correction.
7.4 Ordering
7.4.1 When ordering LIS, the ordering Party shall specify requirements on the Access .-
Service Request (ASR): 1) the type and number of Interconnection facilities to terminate at the
Point of Interconnection in the Serving Wire center; 2) the type of interoffice transport, (Le.,
direct trunked transport or tandem switched transport); 3) the number of Ports to be provisioned
at an End Offce Switch or local Tandem Switch; and 4) any optional features. When the
ordering Party requests facilities, routing, or optional features different than those determined to
be available, the Parties wil work cooperatively in determining an acceptable configuration,
based on available facilities, equipment and routing plans.
7.4.2 For each NXX Code assigned to CLEC by the NANPA, CLEC wil provide Qwest
with the CLU codes of the Qwest Tandem Switches and CLEC's Point of Interface to which
traffic assoCiated with the NXX will be routed. For NXX Codes assigned to existing US trunk
groups, CLEC wil also provide Qwest with the Qwest assigned two-six code (TGSN) to which
each NXX wil be routed. Information that is not currently available in the LERG may be
provided via the NPA NXX Code Request Routing Form available on the Qwest web site at:
http://ww.qwest.com/wholesale/notices/npanxxProcess.html
Either Party shall respond to a special request for a NPA NXX Code Request Routing Form
when a single Switch is served by multiple tnmk groups.
7.4.3 When either Party has ordered a DS3 Entrance Facility or private line facility, that
Party wil order the appropriate DS1 facility required and identify the channels of the DS3 to be
used to provide circuit facilty assignments (CFA). Also, if either Party has provided or ordered
a DS1 Entrance Facility or private line facility, that Party will be responsible for identification ofthe DSO channels of the DS1 private line to be used to provide CFA. .
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 71
.
.
.
Section?
Interconnection
7.4.4 A joint planning meeting wil precede initial trunking orders. These meetings wil
result in agreement and commitment that both Parties can implement the proposed plan and the
transmittal of Access Service Requests (ASRs) to initiate order activity. The Parties wil provide
their best estimate of the traffic distribution to each End Office Switch subtending the Tandem
Switch.
7.4.5 If CLEC uses a method of interconnection of one POI in the LATA or the access
tandem for local traffc in accordance with Section 7.1.2 and/or 7.2.2.9.6, Qwest and CLEC wil
work together to review CLEC's network configuration in order to ensure correct and complete
ASR ordering.
7.4.6 Service intervals and Due Dates for initial establishment of trunking
arrangements at each new Switch location of Interconnection between the Parties wil be
determined on an Individual Case Basis.
7.4.7 Qwest wil establish intervals for the provision of LIS trunks that conform to the
performance objectives set forth in Section 20. Qwest wil provide notice to CLEC of any
changes to the LIS trunk intervals consistent with the Change Management Process (CMP)
applicable to the PCAT. Operational processes within Qwest work centers are discussed as
part of the CMP. QWest agrees that CLEC shall not be held to the requirements of the PCAT.
7.4.8 The ordering Party may cancel an order at any time prior to notification that
service is available. If the ordering Party is unable to accept service within thirty (30) Days after
the Service Date, the provider has the following options:
a) The order will be canceled; cancellation charges as noted in 7.3.5.1 apply
unless mutually agreed to by the Parties;
b) Intentionally Left Blank.
c) Biling for the service wil commence.
In such instances, the cancellation date or the date Billng is to commence, depending on which
option is selected, wil be the 31st Day beyond the Service Date.
7.5 Jointly Provided Switched Access Services
7.5.1 Jointly Provided Switched Access Service is described and governed by the FCC
and state access Tariffs, Multiple Exchange Carrier Access Billng (MECAB) and Multiple
Exchange Carrier Ordering and Design (MECOD) Guidelines and based on LERG routing, and
is not modified by any provisions of this Agreement. Both Parties agree to comply with such
guidelines. Qwest and CLEC agree that the originating, intermediate, and terminating LECs for
switched access wil cooperatively determine the Jointly Provided Switched Access
arrangements that all parties concur in.
7.5.2 Qwest wil agree to function as the Access Service Coordinator (ASC) as defined
in the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD) (Technical
Reference SR- TAP-000984). Qwest will provide the operational, technical and administrative
support required in the planning, Provisioning and maintenance involved in the joint access
Provisioning process to the IXCs. Qwest will be unable to fulfill the role of ASC if CLEC does
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 72
Section 7
Interconnection
not fully comply with MECOD requirements, including filing CLEC's End Office Switches and .
billed percentages (BPs) in the NECA 4 Tariff.
7.5.3 Qwest and CLEC wil each render a separate bil to the IXC, using the multiple
bill, single tariff option.
7.5.4 A charge wil apply for Category 11-01-XX Access Services records sent in an
EMR mechanized format. These records are used to provide information necessary for each
Party to bill the Interexchange Carrier for Jointly Provided Switched Access Services and 8XX
database queries. The charge for each Billable Record created and transmitted is listed in
Exhibit A of this Agreement.
7.6 Transit Records
7.6.1 Qwest and CLEC will exchange wireline network usage data originated by a
wireline Local Exchange Carrier (LEC) where the NXX resides in a wireline LEC Switch, transits
Qwests network, and terminates to CLEC's network when Technically Feasible and
commercially reasonable. Each Party agrees to provide to the other this wireline network usage
data when Qwest or CLEC acts as a transit provider currently or in the future. The Parties
understand that this information is Carrier protected information under Section 222 of the
Telecommunications Act and shall be used solely for the purposes of Billing the wireline LEC.
CLEC wil provide to Qwest information to enable Qwest to provide transit records on a
mechanized basis when Technically Feasible. This includes, but is not limited to: service center
information, operating company number, and state jurisdiction. Qwest and CLEC agree to
exchange wireline network usage data as Category 11-01-XX.
7.6.2 Qwest and CLEC wil exchange wireless network usage data originated by a
Wireless Service Provider (WSP) where the NXX resides in a WSP Switch, transits Owests
network, and terminates to CLEC's network when Technically Feasible and commercially
reasonable. Each Party agrees to provide to the other this wireless network usage data when
Qwest or CLEC acts as a transit provider currently or in the future. The Parties understand that
this information is Carrier protected information under Section 222 of the Telecommunications
Act and shall be used solely for the purposes of Billng the WSP. CLEC wil provide to Owest
information to be able to provide transit records on a mechanized basis when Technically
Feasible. This includes, but is not limited to: service center information, operating company
number and state jurisdiction. Qwest and CLEC agree to exchange wireless network usage
data as Category 11-01-XX.
.
7.6.3 CLEC may order transit records from Qwest and a charge wil apply for Category
11-01-XX transit records sent in an EMR mechanized format. These records are used to
provide information necessary for each Party to bill the originating Carrier for transit when
Technically Feasible. The charge for each Bilable Record created and transmitted is listed in
Exhibit A of this Agreement.
7.7 Local Interconnection Data Exchange for Billng
7.7.1 There are certain types of calls or types of Interconnection that require exchange
of Biling records between the Parties, including, for example, alternate biled and Toll Free
Service calls. The Parties agree that all call types must be routed between the networks,
accounted for, and settled among the Parties. Certain calls will be handled via the Parties'
respective operator service platforms. The Parties agree to utilize, where possible and .
January 13, 2010/msdllntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 73
.
.
.
Section 7
Interconnection
appropriate, existing accounting and settlement systems to bil, exchange records and settle
revenue.
7.7.2 The exchange of Billng records for alternate biled calls (e.g., calling card, bil-to-
third-number and collect) will be distributed through the existing CMDS processes, unless
otherwise separately agreed to by the Parties.
7.7.3 Inter-Company Settlements (ICS) revenues wil be settled through the Callng
Card and Third Number Settlement System (CATS). Each Party wil provide for its own
arrangements for participation in the CATS processes, through direct participation or a hosting
arrangement with a direct participant.
7.7.4 Non-ICS revenue is defined as IntraLATA collect calls, callng card calls, and
billed to third number calls which originate on one (1) service provider's network and are biled
by another service provider located within the same Owest geographic specific region. The
Parties agree to negotiate and execute an agreement for settlement of non-ICSrevenue. This
separate arrangement is necessary since existing CATS processes do not permit the use of
CATS for non-ICS revenue. The Parties agree that current message distribution processes,
including the CMDS system or Owest in-region facilities, can be used to transport the call
records for this traffic.
7.7.5 Both Parties wil provide the appropriate call records to the IntraLATA Toll Free
Service provider, thus permitting the service provider to bil its End User Customers for the
inbound Toll Free Service. No adjustments to bils via tapes, disks or Network Data Mover
(NDM) wil be made without the mutual agreement of the Parties.
January 13, 2010/msdllntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 74
Section 8
Collocation
Section 8.0 . COLLOCATION .8.1 Description
8.1.1 Collocation allows for the placing of equipment by CLEC at Qwests Premises,
where Technically Feasible, that is necessary for accessing Unbundled Network Elements
(UNEs), ancilary services or Interconnection. Collocation includes the leasing to CLEC of
physical space in Qwest Premises, as well as the resources necessary. for the operation and
economical use of collocated equipment, such as the use by CLEC of power; heating,
ventilation and air conditioning (HVAC); and cabling in Qwests Premises. Collocation also
allows CLEC to access Interconnection Distribution Frames (ICDF) for the purpose of accessing
and combining Unbundled Network Elements and accessing ancillary services. There are
currently nine (9) standard types of Collocation available pursuant to this Agreement - Virtual,
Caged Physical, Shared Caged Physical, Cageless Physical, Interconnection Distribution
Frame, Adjacent, Common Area Splitter, Remote and Facility Connected. Other types of
Collocation may be requested through the BFR process.
8.1.1.1 Virtual Collocation -- A Virtual Collocation arrangement requires CLEC to
purchase and deliver to Qwest CLEC's own equipment for Qwest to install, repair, and
maintain in Qwests Premises. CLEC does not have physical access to its virtually
collocated equipment in the Qwest Premises.
8.1.1.2 Caged Physical Collocation -- allows CLEC to lease caged floor space for
placement of its equipment within Qwests Premises for the purpose of interconnecting
with Qwest Finished Services or accessing Unbundled Network Elements. CLEC is
responsible for the procurement, installation and on-going maintenance of its equipment .
as well as the Cross Connections required within the cage.
8.1.1.3 Cageless Physical Collocation -- is a non-caged area within a Qwest
Premises. In Wire Centers, space wil be made available in single frame bay
increments. In Wire Centers, the current minimum square footage is nine (9) square feet
per bay, however, if smaller bays are or become available, Qwest will reduce the
minimum square footage accordingly. Space will be provided utilizing industry standard
equipment bay configurations in which CLEC can place and maintain its own equipment.
CLEC is responsible for the procurement, installation' and on-going maintenance of its
equipment as well as the Cross Connections required within CLEC's leased Collocation
space.
8.1.1.4 Shared Caged Physical Collocation -- allows two (2) or more CLECs to
share or sublease a single Collocation enclosure. Under Shared Physical Collocation,
one (1) CLEC obtains a Caged Physical Collocation arrangement from Qwest pursuant
to this Agreement or an approved Interconnection Agreement, and another CLEC,
pursuant to the terms of its Interconnection Agreement, may share use of that space, in
accordance to terms and conditions of a sublease agreement between the two (2)
CLECs. Shared Collocation may also be established through joint Application by CLECs
in which Qwest wil have a separate Billng relationship with each applicant and will look
to each collocating CLEC for payment of its proportionate share of the charges relating
to the Collocation space. Qwest wil prorate the charge for site conditioning and
preparation undertaken by Qwest to construct the Shared Collocation cage. or condition
the space for Collocation use, regardless of how many Carriers actually collocate in that
cage, by determining the total charge for site preparation and allocating that charge to a .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 75
Section 8
Collocation.collocating CLEC (and billed directly to each such CLEC) based on the percentage of
the total space utilized by that CLEC as per the Collocation Application. Owest shall not
place unreasonable restrictions on CLEC's use of a Collocation cage, such as limiting
CLEC'sability to contract with other CLECs to share CLEC's Collocation cage in a
sublease-type arrangement. In addition, if two (2) or more CLECs who have
Interconnection Agreements with Owest utilze a Shared Collocation arrangement,
Owest shall permit each CLEC to order UNEs to and provision service from that Shared
Collocation space, regardless of which CLEC was the original collocator, directly from
Owest. Owest shall make Shared Collocation space available in single-bay increments
or their equivalent.
8.1.1.5 Interconnection Distribution Frame (ICDF) Collocation -- is offered for the
purpose of faciltating CLEC's combining of Unbundled Network Elements, Finished
Services, including Local Interconnection Trunks, and ancilary services. Under ICDF
Collocation, CLEC need not collocate equipment in the Owest Wire Center. With ICDF
Collocation, CLEC wil have access to the Owest Wire Center and an ICDF to combine
UNEs, Finished Services, and ancilary services. The ICDF connects through tie cables
to various points within the Wire Center (e.g., MDF, COSMICTM or DSX, etc.) providing
CLEC with access to UNEs and ancilary services.
.
8.1.1.5.1 The ICDF is a distribution frame shared by multiple providers. If
CLEC desires a dedicated distribution frame for the purpose of facilitating
CLEC's combination of UNEs and ancillary services, CLEC may do so through
the placement of a CLEC-owned Cross Connection device collocated in the
Owest Wire Center through either Caged or Cageless Physical Collocation.
8.1.1.6 Adjacent Collocation - is available in those instances where space is
legitimately exhausted in a particular Owest Premises to accommodate Physical
Collocation. Owest shall make space available in adjacent controlled environmental
vaults, controlled environmental huts, or similar structures to the extent Technically
Feasible. Owest shall permit CLEC to construct or otherwise procure such an adjacent
structure on property owned, leased or otherwise controlled by Owest, subject only to
applicable OSHA, EPA, federal, state, and local safety and maintenance requirements.
Such adjacent structure shall be in accordance with Owests design and space planning
for the site. CLEC may propose the design for the adjacent structure, subject to Owests
approval, which approval may not be unreasonably withheld or delayed. Owest must
provide power and physical Collocation services and facilities, subject to the same
nondiscrimination requirements as applicable to any other physical Collocation
arrangement. Owest must permit CLEC to place its own equipment, including, but not
limited to, copper cables, coaxial cables, fiber cables, and Telecommunications
Equipment, in adjacent facilities constructed by Owest, by CLEC itself, or a third party.
8.1.1.7 Common Area Splitter Collocation - Allows CLEC to place Splitters in a
common space area outside its Collocation space near CLEC's DSO termination points.
Owest wil install Splitter shelves for shared use by CLECs.
8.1.1.8 Remote Collocation - allows CLEC to collocate equipment in or adjacent
to a Owest Remote Premises. The terms for Remote Collocation are set forth more fully
in Section 8.2.7 and 8.4.6..8.1.1.8.1 A Field Connection Point (FCP)/Cross-Connect Collocation
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 76
Section 8
Coirocation
Application Form is required to designate Cross Connections in a Subloop
environment when the Collocation takes place in the detached terminal location. .
This application can be found under the Applications and APOT forms table in
Qwests Collocation Product Catalog on Qwests web site. A nonrecurring
charge will be developed on an Individual Case Basis (ICB) and consists of the
costs to establish or augment the FCP or MTE. If the accessible terminal must
be expanded to accommodate CLEC's request, an additional nonrecurring
charge will apply as part of the ICB charge. This type of access and Cross
Connection is not Collocation. Provisions concerning Subloop access and
intervals are contained in Section 9.3.
8.1.1.9 Facilty Connected (FC) Collocation -- Facility Connected (FC) Collocation
allows CLEC to access Unbundled Network Elements (UNEs), ancilary services and
Finished Services within a Qwest Wire Center via an Entrance Facility without
collocating physical equipment in the Wire Center. FC Collocation is provided on a
termination block or termination panel within the designated Wire Center and is
engineered, provisioned, maintained, and repaired by Qwest.
8.2 Terms and Conditions
8.2.1 Terms and Conditions. All Collocation
8.2.1.1 Qwest shall provide Collocation on rates, terms and conditions that are
just, reasonable and nondiscriminatory. In addition, Qwest shall provide Collocation in
accordance with all applicable federal and state laws.
8.2.1.1.1 In accordance with the FCC rules regarding combinations of
Unbundled Network Elements and Commingling of facilities and services which
are addressed in Sections 9.1 and 9.23, Qwest wil not combine or Commingle
services or Network Elements that are offered by Qwest pursuant to Section 271
of the Communications Act of 1934, as amended, with Unbundled Network
Elements or combinations of Unbundled Network Elements.
.
8.2.1.1.1.1 Services available for Commingling shall be
provided by Qwest pursuant to Qwests applicable product Tariffs,
catalogs, price lists, or other Telecommunications Services offerings.
8.2.1.1.1.2 Entrance Facilities and mid-span meet SPOI
obtained pursuant to Section 7 of this Agreement are not available for
Commingling.
8.2.1.2 Collocation of Switching Equipment. CLEC may collocate any equipment
that is necessary for Interconnection or access to Unbundled Network Elements.
8.2.1.2.1 Digital Subscriber Line Access Multiplexers (DSLAMS) always
meet this legal standard.
8.2.1.2.2 Asynchronous Transfer Mode (ATM) or Packet Switching also
meets this legal standard when used for Interconnection or access to Unbundled
Network Elements for purposes of providing Advanced Services such as xDSL.
Equipment used predominantly to support DSLAMs and ATMs, such as routers .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 77
Section 8
Collocation.and concentrators, as well as testing and network management equipment also
meet this legal standard. Before any equipment that includes switching
functionality is installed, CLEC must provide a written inventory to Owest of all
switching equipment and how it wil be used for Interconnection or access to
Unbundled Network Elements. Once CLEC establishes that it wil use a certain
type of equipment for Interconnection or access to Unbundled Network Elements,
Owest wil allow future Collocations of similar equipment without requesting a
written justification unless and untilOwest can establish to the state Commission
that such equipment is not intended for Interconnection or access to Unbundled
Network Elements. However, Owest wil complete the Collocation within the
appropriate interval unless granted reliefby the Commission.
8.2.1.2.3 Remote Switching Units (RSUs) also meet this legal standard
when used for Interconnection or access to Unbundled Network Elements for
purposes of providing local Exchange Service.
8.2.1.2.4 Except as provided for in Sections 8.2.1.2.1 through 8.2.1.2.3
above, CLEC may not collocate equipment that is not necessary for
Interconnection or access to Unbundled Network Elements.
8.2.1.3 CLEC must identify what transmission and Cross Connection equipment
will be installed and the vendor technical specifications of such equipment so that Owest
may verify the appropriate power, floor loading, heat release, environmental particulate
level, HVAC, and tie cables to CLEC-provided Cross Connection device..8.2.1.4 Demarcation points for Unbundled Network Elements (UNEs) and
ancilary services. The Demarcation Point for Unbundled Network Elements and
ancilary services is that physical point where Owest shall terminate its Unbundled
Network Elements and ancilary services for access by CLEC. There are two (2)
standard Demarcation Points where Unbundled Network Elements and ancillary services
may be delivered to CLEC. CLEC shall specify its choice of standard Demarcation
Points for its access to UNEs and ancilary services. One available Demarcation Point is
at CLEC-provided Cross Connection equipment in CLEC's Physical or Virtual
Collocation space. Alternatively, the Demarcation Pòint can be at an Interconnection
Distribution Frame (ICDF) or may be established at a location jointly agreed to by CLEC
and Owest. To the extent CLEC selects a Demarcation Point outside of its collocated
space, CLEC shall provide and Owest shall install the tie cables from CLEC's collocated
equipment to the Demarcation Point. Alternatively, Owest shall provide and install these
tie cables, at CLEC's expense.
8.2.1.5 Owest wil provide a connection between Unbundled Network Elements
and ancilary services and a Demarcation Point. Such connection is an Interconnection
Tie Pair (ITP). The Demarcation Point shall be:
a) at CLEC-provided Cross Connection equipment located in CLEC's
Virtual or Physical Collocation space; or
b) if CLEC elects to use ICDF Collocation, at the Interconnection
Distribution Frame (ICDF); or.c)if CLEC elects to use an ICDF in association with Virtual or Physical
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 78
Section 8
Collocation
Collocation, at the ICDF; or .d) at a direct connection point of termination as described in Section
8.3.1.11.2; or
e) at another Demarcation Point mutually-agreed to by the Parties.
8.2.1.6 CLEC may purchase Qwests finished Private Line or Switched Access
Services via applicable Tariff terms and conditions. These services will be terminated at
the Demarcation Point.
8.2.1.7 For Caged and Cageless Physical Collocation and Virtual Collocation,
CLEC must lease space for the placement of CLEC's equipment within Qwests
Premises. Qwest wil provide the structure that is necessary in support of Collocation
including physical space, a cage (for Caged Physical Collocation), required cabling
between equipment and other associated hardware.
8.2.1.8 All equipment shall meet and be installed in accordance with Network
Equipment Building System (NEBS) Level 1 safety standards. Qwest shall provide
standard Premises alarming pursuant to Qwest Technical Publication 77385. Qwest
shall not impose safety or engineering requirements on CLEC that are more stringent
than the safety or engineering requirements Qwest imposes on its own equipment
located on its Premises.
8.2.1.9 Space Availability Report -- Upon request by CLEC, Qwest wil submit to
CLEC within ten (10) Days of CLEC's request, a report for each requested Premises, .
that includes:
a) available Collocation space in a particular Qwest Premises;
b) number of collocators;
c) any modifications in the use of the space since the last report;
d) measures that Owest is taking to make additional space available for
Collocation;
e) whether sufficient power is available to meet the specific CLEC request;
f) number of CLECs in queue at the Premises, if any;
g) whether the Wire Center is equipped with DS3 capability; and
h) the number and description of Qwest and its Affiliates and reservations
of space by all CLECs.
8.2.1.9.1 A Space Availability Report Charge in Exhibit A wil apply to
each Space Availability Report requested by CLEC and shall apply on per
Premises basis.
8.2.1.9.2 Inventory Report - Remote Premises. The locations of the .
Remote Premises (e.g., Feeder Distribution Interfaces, "FDI") and the End User
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 79
Section 8
Collocation
.
Customer addresses served by each Remote Premises are available to CLEC
through the Raw Loop Data TooL. Remote Premises with digital loop carrier and
pair gain equipment will be provided on the web site in the ICONN database.
(ICONN is available through the Qwest web site located at
http://ww.qwest.com/iconn.) If CLEC is unable to determine the information it
seeks regarding the Remote Premises after using such database tools, Qwest
wil provide CLEC with a report that contains the information. The Parties agree
that a charge may apply to such report, based on time and material, unless the
database information is inaccurate or unusable for the Remote Premises then no
charge would apply. Qwest wil provide CLEC access to relevant plats, maps,
engineering records and other data in accordance with Section 10.8.2.4. In
addition, CLEC can request a copy of Qwests distribution area map associated
with the Remote Premises, with a charge for time and materiaL.
8.2.1.10 Collocation is offered on a first-come, first-served basis. Requests for
Collocation may be denied due to the legitimate lack of suffcient space in a Qwest
Premises for placement of CLEC's equipment. If Qwest determines that the amount of
space requested by CLEC for Caged Physical Collocation is not available, but a lesser
amount of space is available, that lesser amount of space wil be offered to CLEC for
Caged Physical Collocation. Alternatively, CLEC wil be offered Cageless Physical
Collocation (single frame bay increments), or Virtual Collocation as an alternative to
Caged Physical Collocation. In the event the original Collocation request is not available
due to lack of sufficient space, and CLEC did not specify an alternative form of
Collocation on the original order form, CLEC wil be required to submit a new order for
CLEC's preferred alternative Collocation arrangement. If CLEC identifies alternate
choices for Collocation on its original Collocation request, Qwest wil determine the
feasibility of the next preferred option in the event CLEC's first choice is not available.
To the extent possible, Qwest shall make contiguous space available to CLEC when it
seeks to expand its existing Collocation space. Where adjoining space is not available,
Qwest will engineer a route for CLEC to provide facilities between the non-adjoining
CLEC Collocation spaces as part of the Collocation order. When planning renovations
of existing facilities or constructing or leasing new facilities, Qwest shall take into
account projected demand for Collocation of equipment.
8.2.1.10.1 Space Denial Queue - Qwest wil maintain a list of denied
Collocation requests, in order of the date of receipt (Space Denial Queue), for
each Premises where Qwest has exhausted Collocation space. A separate
queue wil be maintained for each Premises. When space becomes available in
a Premises in which a queue has developed, Qwest will inform CLECs in the
queue that space for Collocation has become available. If there is insufficient
space to accommodate all of the CLECs in queue, Qwest shall notify CLECs of
the availability of space in accordance with the CLEC's position in the queue.
CLEC must respond within ten (10) Days of receipt of notification from Qwest
with a new Collocation Application. If CLEC does not provide a Collocation
Application within ten (10) Days of receipt of notification, or if CLEC responds
that it no longer requires the Collocation space, CLEC shall be removed from the
queue and the available space shall be offered to the next CLEC in the queue. If
the space made available to CLEC in the queue is not sufficient to meet such
CLEC's needs, such CLEC may deny the space that becomes available and
keep its position in the queue.
.
.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 80
Section 8
Collocation
8.2.1.11 If Qwest denies a request for Collocation in a Qwest Premises due to
space limitations, Qwest shall allow CLEC representatives to tour the entire Premises .
escorted by Qwest personnel within ten (10) Days of CLEC's receipt of the denial of
space, or a mutually agreed upon date. Qwest wil review the detailed floor plans for the
Premises with CLEC during the tour, including Qwest reserved or optioned space. Such
tour shall be without charge to CLEC. If, after the tour of the Premises, Qwest and
CLEC disagree about whether space limitations at the Premises make Collocation
impractical, Qwest. and CLEC may present their arguments to the Commission. In
addition, if after the fact it is determined that Qwest has incorrectly identified the space
limitations, Qwest will honor the original Collocation Application date for determining
RFS unless both Parties agree to a revised date.
8.2.1.12 Qwest shall submit to the Commission, subject to any protective order as
the Commission may deem necessary, detailed floor plans or diagrams of any Premises
where Qwest claims that Physical Collocation is not practical because of space
limitations.
8.2.1.13 Qwest wil maintain a publicly available document, posted for viewing on
the Internet, (ww.qwest.com/wholesale/notices/collo/spaceAvail.html). indicating all
Premises that are full, and wil update this document within ten (10) Days of the date at
which a Premises runs out of physical space and wil update the document within ten
(10) Days of the date that space becomes available. In addition, the publicly available
document shall include, based on information Qwest develops through the Space,
Availability Report process, the Reservation Process, or the Feasibility Study Process: '
a)Number of CLECs in queue at the Premises, if any;.
b) Premises that have not been equipped with DS3 capability;
c) Estimated date for completion of power equipment additions that wil lift
the restriction of Collocation at the Premises; and
d) Address of the Remote Premises that have been inventoried for
Remote Collocation, and if the Remote Premises cannot accommodate
Collocation.
Notwithstanding the foregoing, the Qwest web site wil list and update within the ten (10)
Day period, all Wire Centers that are full, whether or not there has been a Space
Availability Report requested by any CLEC.
8.2.1.14 Reclamation and Reconditioning of Space
8.2.1.14.1 Reclamation of Space -- Reclamation of space is performed by
Qwest removing unused, obsolete Qwest equipment to make space for
equipment use. The cost of removal of the obsolete unused equipment shall be
borne by Qwest.
8.2.1.14.1.1 If CLEC issues a forecast or reservation . for
Collocation, Qwest shall use its best judgment to determine whether it
would be appropriate to reclaim space and or equipment to meetexpected Collocation requirements. .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 81
Section 8
Collocation.8.2.1.14.1.2 If CLEC issues a Collocation Application and
unused, obsolete equipment must be removed to provide the requested
Collocation, Qwest will affirmatively remove such unused, obsolete
equipment as necessary to fulfill the Collocation request within the
applicable interval set forth in section 8.4.
8.2.1.14.2 Reconditioning of Space -- Reconditioning of space is the
remodeling of space for equipment use, such as, but not limited to, adding
HVAC. The Collocation feasibility study will identify whether reconditioning of
space is available and necessary to meet CLEC needs for Collocation. If
requested by CLEC, Qwest wil assess the cost of such reconditioning, provide a
quotation to CLEC for the costs, and upon Acceptance of quotation by CLEC,
perform the necessary work to recondition the space. For reconditioned space,
CLEC is responsible for prorated charges based on the amount of space
requested.
8.2.1.15 Cancellation of Collocation Request. CLEC may cancel a Collocation
request prior to the completion of the request by Qwest by submitting a Collocation
Cancellation Application. CLEC shall be responsible for payment of all costs incurred by
Qwest up to the point when the cancellation is received. Collocation Cancellation is
availabl for all Collocations under a particular billing authorization number (BAN) for
which CLEC has not received notification of completion from Qwest. Cancellation is
offered for all types of Collocation. A cancellation wil only occur upon request by CLEC..8.2.1.15.1 CLEC may submit a Collocation Cancellation Application if the
Collocation job is in progress. Upon receipt of a completion notice for the
specific Collocation job, the Collocation can no longer be cancelled. Qwest wil
provide acknowledgment of acceptance or rejection of the Collocation
Cancellation Application within one (1) business day of receipt. Qwest will stop
work on a Collocation in progress upon receipt and acceptance of a Collocation
Cancellation Application. A request for cancellation is irrevocable once Qwest
has accepted the Collocation Cancellation Application.
8.2.1:15.2 In the event there is a Common Area Splitter Collocation or
CLEC has requested a direct CLEC-to-CLEC connection arrangement with the
same BAN as the Collocation job to be canceled, the associated Common Area
Splitter Collocation and direct CLEC-to-CLEC connection wil also be cancelled.
8.2.1.15.3 Qwest wil not charge for canceling the Collocation job except
for work already completed as of acceptance by Qwest of the Collocation
Cancellation Application. Charges will be based on when Qwest receives the
Collocation Cancellation Application and the completion status of the Collocation
work. A quotation wil be issued within thirty (30) Days of Qwests acceptance of
the Collocation Cancellation Application.
8.2.1.15.4 Additional Labor - Other. This charge is for additional labor not
included in the quotation described in 8.2.1.15. This additional labor may include
testing and labor activities completed to accommodate a specific customer
request..8.2.1.16 Qwest may retain a limited amount of floor space for its own specific
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 82
Section 8
Collocation
future uses, provided, however, that neither Qwest nor any of its Affiliates may reserve
space for future use on terms more favorable than those that apply to CLEC's .
reservation of Collocation space for CLEC's own future use. Qwest shall relinquish any
space held for future use before denying a request for Virtual Collocation on the grounds
of space limitations, unless Qwest proves to the Commission that Virtual Collocation at
that point is not Technically Feasible.
8.2.1.17 In addition to the requirements of Section 8.2.1.8, all Collocation
installation and structures shall meet applicable earthquake safety rating requirements
comparable to and to the same extent that Qwest installations and structures meet
earthquake rating requirements as contained in the Network Equipment Building System
(NEBS) - BR GR-63-CORE document. A list of Qwest Premises and the applicablerelated earthquake ratings is available for review on the Qwest web site at:
http://ww.qwest.com/wholesale/pcatlcollocation.html.
8.2.1.18 Qwest wil review the security requirements, issue keys, ID cards and
explain the access control processes to CLEC. The access control process includes but
is not limited to the requirement that all CLEC approved personnel are subject to
trespass violations if they are found outside of designated and approved areas or if they
provide access to unauthorized individuals. Likewise, Qwest personnel are subject to
trespass violations if they are found to be wrongfully inside CLEC physical caged
collocated areas or if they wrongfully provide access to unauthorized individuals.
8.2.1.18.1 Qwest will take all reasonable measures to insure that CLEC
equipment collocated in Qwest Premises is afforded physical security at Parity
with Qwests similarly situated equipment. Should an event occur within a Qwest
Premises that suggests vandalism or other tampering with CLEC's equipment,
Qwest wil, atCLEC's request, vigorously and thoroughly investigate the
situation. CLEC shall cooperate in the investigation as requested by Qwest.
Qwest wil keep CLEG apprised of the progress of any investigation, and report
any conclusions in a timely manner.
.
8.2.1.19 Qwest shall provide access to CLEC's collocated equipment and existing
eyewash stations, bathrooms, and drinking water within the Premises on a twenty-four
(24) hours per day, seven (7) days per week basis for CLEC personnel and its
designated agents. Such access shall be permitted without requiring either a security
escort of any kind or delaying CLEC's employee's entry into Qwest Premises. Qwest
shall provide CLEC with access to other basic facilities, including parking, where
available on a first-come, first-served basis.
8.2.1.20 CLEC shall be restricted to corridors, stairways, and elevators that
provide direct access to CLEC's space, or to the nearest restroom facility from CLEC's
designated space, and such direct access wil be outlined during CLEC's orientation
meeting. Access shall not be permitted to any other portion of the building.
8.2.1.21 Nothing herein shall be construed to limit CLEC's ability to obtain more
than one form of Collocation (i.e., Virtual, Caged, Shared and Cageless Physical
Collocation or ICDF Collocation) in a single Premises, provided space is available.
8.2.1.22 Termination of Collocation Arrangement. CLEC may terminate a
completed Collocation arrangement by a Collocation Decommission or a Collocation .
January 13, 2010/msd/lntradoIlD/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 83
Section 8
Collocation.Transfer of Responsibility. A Collocation site is only eligible for Collocation
Decommission or a Collocation Transfer of Responsibility after the site is built-out and
accepted by CLEC. Abandoned equipment shall be handled as detailed in Section
8.2.1.22.3.
8.2.1.22.1 Collocation Decommission. Collocation Decommission refers to
the deactivation of a Collocation site occupied by CLEC and removal of CLEC
equipment. Collocation Decommission is offered for all types of Collocation. A
request for decommissioning is irrevocable once Qwest accepts the Collocation
Decommission Application.
8.2.1.22.1.1 Prior to submitting a Collocation Decommission
Application, all CLEC's financial obligations with respect to the Collocation
site to be decommissioned must be current, with the exception of formally
disputed charges.CLEC financial obligations include payment of one
hundred percent (100%) of all nonrecurring quoted charges and all
applicable monthly recurring charges that are more than thirty (30) Days
past due.
.
8.2.1.22.1.2 CLEC must disconnect all services, including any
administrative services, from the Collocation site to be decommissioned
prior to submitting the Collocation Decommission Application. All of
CLEC's administrative lines and End User Customer services need to be
disconnected via the appropriate Access Service Request (ASR) or Local
Service Request (LSR). If CLEC has not disconnected all services, all
charges with respect to the Collocation site will continue to accrue and
the Collocation Decommission Application wil be rejected.
8.2.1.22.1.2.1 Prior to disconnecting its services, including
direct CLEC-to-CLEC connections, CLEC must notify, in writing,
all of its current End User Customers affected by the
discontinuation of service. CLEC must submit an email
notification with the Collocation Decommission Application
representing to Qwest that all CLEC End User Customers have
been properly notified. For direct CLEC-to-CLEC connection
arrangements, CLEC should submit a letter of authorization (LOA)
signed by both CLECs involved in the direct CLEC-to-CLEC
connection arrangement. Failure to include such email notification
or LOA wil result in the rejection of the Collocation Decommission
Application.
.
8.2.1.22.1.3 CLEC should remove its equipment prior to
submitting a Collocation Decommission Application. Equipment includes
all CLEC owned electronic equipment, equipment racks, mounting
hardware, and CLEC supplied cable (including direct CLEC-to-CLEC
cables), termination blocks and cage materials. If CLEC does not remove
its equipment within thirty (30) Days of Qwests acceptance of the
Collocation Decommission Application, Qwest wil send a notification
stating the equipment is considered abandoned. Upon receiving
notification of abandonment from Qwest, CLEC will have fifteen (15) Days
to notify Qwest that the equipment is not abandoned and remove its
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 84
Section 8
Collocation
equipment. If CLEC does not respond to the notification and remove the
equipment and Qwest determines that the equipment has been .
abandoned, Qwest will send a final notification and bil CLEC for any and
all claims, expenses, fees or other costs associated with the removal by
Qwest of the abandoned equipment, including any materials used in the
removal and the hourly labor rate charges. CLEC wil hold Qwest
harmless from the failure to return any such equipment, property or other
items.
8.2.1.22.1.4 Qwest wil remove all Collocation entrance facilities.
For shared Collocation entrance facilities, Qwest wil cut all fiber and/or
copper Collocation entrance facilties at the splice point in the Collocation
Point of Interconnection (C-POI). For express Collocation entrance
facilities, Qwest will remove and dispose of the Collocation entrance fiber.
8.2.1.22.1.5 For Virtual Collocation, Qwest wil automatically
remove all equipment within ninety (90) Days. Qwest wil negotiate with
CLEC to schedule the pick up of the equipment. There wil be no charge
for the removal of CLEC's Virtual Collocation equipment.
8.2.1.22.1.6 For Collocations with direct CLEC-to-CLEC
connection arrangements, CLEC is required to disconnect and remove
the direct CLEC-to-CLEC connections. Qwest prefers that CLEC
disconnect and remove the direct CLEC-to-CLEC connection cables prior
to submitting the Collocation Decommission Application. If CLEC is not
able to disconnect and remove the cables prior to submitting the
Collocation Decommission Application, CLEC wil be allowed thirty (30)
Days from Qwests acceptance date of the Collocation Decommission
Application to disconnect and remove the direct CLEC-to-CLEC
connection cables. If CLEC has not removed the direct CLEC-to-CLEC
connections, it will be treated as abandoned equipment.
.
8.2.1.22.1.7 CLEC will be eligible for a refund for all elements
defined as either reusable or reimbursable, if acquired by another CLEC
during the following defined time period. An inventory will be completed
by Qwest and furnished to CLEC within ninety (90) Days of the
Collocation Decommission Application acceptance identifying the
reimbursable and reusable elements and the potential credit.
8.2.1.22.1.7.1 Reimbursable elements considered for a
refund are: DSO, DS1, and DS3 termination cabling, and fiber
terminations, excluding Collocation entrance facility cabling.
These elements wil be eligible for a refund for up to one (1) year
after the date of decommissioning.
8.2.1.22.1.7.2 Reusable elements include components
used to provision the original Collocation site (e.g., cage, bays,
HVAC, cable racking). These elements wil be eligible for a refund
for up to three (3) years after the date of decommissioning.
8.2.1.22.1.8 CLEC is required to return the space to turnover .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 85
Section 8
Collocation.condition. Turnover condition is defined as the same condition in which
CLEC originally assumed the Collocation site. CLEC must relinquish
security access if not currently leasing another Collocation site in the
same Wire Center when verification of equipment removal is completed.
Security access wil be terminated within thirty (30) Days of receipt of an
accepted Collocation Decommission Application, unless alternative
arrangements have been agreed to by Owest.
8.2.1.22.1.9 Ordering - CLEC should submit a Collocation
Decommission Application form. Owest wil notify CLEC within one (1)
business day if the prerequisites have been met. Owest will validate the
order within two (2) business days from receipt of the Collocation
Decommission Application. Owest wil provide an inventory of the eligible
reimbursable and reusable elements and the potential credits within
ninety (90) Days of the Collocation Decommission Application
acceptance.
8.2.1.22.1.10 Biling - awest will not charge for decommissioning
Collocations unless equipment has been abandoned or the Collocation
space has not been returned to turnover condition. Charges for work
related to the removal of abandoned equipment or returning the
Collocation space to turnover condition include miscellaneous hourly
labor charges and, if applicable, dispatch charges will apply for
unmanned Central Offces and Remote Collocations..8.2.1.22.2 Collocation Transfer of Responsibility. Collocation Transfer of
Responsibility is the transfer of a Collocation site from vacating CLEC (current
CLEC leasing the space in the Premises) to an assuming CLEC. Collocation
Transfer of Responsibility is available for Caged Physical Collocation, Cageless
Physical Collocation, and Virtual Collocation. All other types of Collocation to be
transferred wil be handled on an Individual Case Basis (ICB). There are two (2)
types of Collocation Transfer of Responsibilty: 1) Collocation Transfer of
Responsibility Without Working Circuits - The Collocation is not serving any End
User Customers and does not have active service terminations (e.g.,
Interconnection trunks or UNE Loops) or 2) Collocation Transfer of Responsibility
With Working Circuits - The Collocation has active service terminations, such as
Interconnection trunks or is serving End User Customers.
.
8.2.1.22.2.1 Generally, Collocation Transfer of Responsibility is
not available if another CLEC or awest are waiting in queue for available
space within the requested Premises; however, if assuming CLEC
acquires all or substantially all of the Collocation sites of vacating CLEC
in awest Premises in the state, such transfers shall not be subject to any
queue for available space. In addition, regardless of any space requests
that may be pending in a Owest Premises, Collocation Transfer of
Responsibility shall be available when vacating CLEC and assuming
CLEC are affliated corporate entities prior to or immediately after the
proposed transfer, or the transfer is due to a bankruptcy court order. If
vacating CLEC has filed for bankruptcy, assuming CLEC must comply
with Applicable Law in obtaining the transfer of the Collocation site.
January 13, 2010/msdllntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 86
Section 8
Collocation
8.2.1.22.2.2 Both vacating CLEC's and assuming CLEC's
Interconnection Agreements with Qwest must contain finalized terms and .
conditions for Collocation Transfer of Responsibility and all associated
services. Assuming CLEC is required to have an Interconnection
Agreement with Qwest prior to submitting a Collocation Transfer of
Responsibility request. Assuming CLEC wil need to amend any
previously existing Interconnection Agreement prior to submitting a
Collocation Transfer of Responsibility request if its Interconnection
Agreement does not contain the terms and conditions and rate elements
for all services that wil be transferred.
8.2.1.22.2.3 Collocation Transfer of Responsibility with working
circuits is available if only administrative changes are required and the
transfer does not involve translations work that needs to be processed in
conjunction with the transfer. If translations work is needed, CLEC's
transfer plans shall allow for the completion of the Collocation Transfer of
Responsibility prior to initiating any translation activity.
8.2.1.22.2.4 A request for Collocation Transfer of Responsibility
is irrevocable upon one hundred percent (100%) payment by assuming
CLEC of the nonrecurring Collocation transfer charges reflected on the
quotation.
8.2.1.22.2.5 The Collocation site to be transferred is identified by
vacating CLEC's eleven (11) character CLLlTM code. The Collocation site
will be transferred "as is" and in its entirety. This includes, but is not
limited to, Collocation entrance facilities from the Collocation - Point of
Interface (C-POI) manhole, cables, Splitters, and working circuits, if
applicable. If the Collocation site has a Common Area Spliter Collocation
associated with it, the Common Area Splitter Collocation will be
transferred as part of the Collocation Transfer of Responsibility.
.
8.2.1.22.2.6 The transfer of equipment between vacating CLEC
and assuming CLEC wil be the responsibility of vacating CLEC and
assuming CLEC. Qwest is not responsible for the physical condition of
vacating CLEC's equipment, with the exception of equipment associated
with a Virtual Collocation, as set forth in CLECs' Interconnection
Agreements. The negotiation of the transfer terms and conditions
between vacating CLEC and assuming CLEC is the responsibility of
those two parties. Qwest wil not participate in these negotiations. Qwest
wil only manage the database and records transfer.
8.2.1.22.2.7 Assuming CLEC wil provide the information Qwest
wil need to update the following items: Customer Name, Access Carrier
Name Abbreviation (ACNA), Master Customer Number (MCN), CLEC
address, phone number, billng and contact information, and contract
number. The Collocation eleven (11) character CLEC CLLlTM code wil
remain the same.
8.2.1.22.2.8 Submission of new connect, change, and disconnect
orders will be restricted from quotation Acceptance until the transfer of the .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 87
Section 8
Collocation.working circuits is complete. If new connect, change, and disconnect
orders need to be submitted between quotation Acceptance and the
completion of the transfer, they wil be handled on an ICB and may affect
the Ready for Service (RFS) date. Submission of Collocation augment
orders wil not be allowed from the time that the Collocation Transfer of
Responsibility Application has been accepted by Owest until assuming
CLEC has accepted the quotation for the Collocation Transfer of
Responsibility.
8.2.1.22.2.9 All work in progress related to the Collocation site
and associated working circuits, if applicable, must either be completed or
cancelled by vacating CLEC prior to the quotation Acceptance.
8.2.1.22.2.10 If vacating CLEC does not lease another Physical
Collocation site at the specified Central Office at the time of the
Collocation Transfer of Responsibility request, then vacating CLEC must
relinquish security access to the building.
.
8.2.1.22.2.11 Vacating CLEC's financial obligations to Owest with
respect to the Collocation site to be transferred must be met, with the
exception of formally disputed charges, prior to submitting a Collocation
Transfer of Responsibility Application. Vacating CLEC's financial
obligations include payment of one hundred percent (100%) of all
nonrecurring charges and all applicable recurring charges for the specific
Collocation account that are more than thirty (30) Days past due.
Vacating CLEC may meet its financial obligations by having them
expressly assumed, in writing, by assuming CLECand assuming CLEC
pays such obligations at the time it accepts the quotation for Collocation
Transfer of Responsibility.
8.2.1.22.2.12 Assuming CLEC's financial obligations to Owest
must be in good standing prior to submitting a Collocation Transfer of
Responsibility Application, with the exception of formally disputed
charges.
8.2.1.22.2.13 Vacating CLEC and assuming CLEC must provide a
signed Transfer Authorization Agreement. Required information on the
Owest Transfer Authorization Agreement: Owest Central Office Name,
applicable CLLlTM codes, Collocation BAN numbers, and charges (from
Exhibit A) for the transfer of the Collocation site.
8.2.1.22.2.14 Prior to submitting a Collocation Transfer of
Responsibilty Application without working circuits, vacating CLEC must
ensure that no active circuits exist at the Collocation site to be
transferred.
.
8.2.1.22.2.15 Prior to transferring a Collocation site with working
circuits, vacating CLEC must notify, in writing, all of its current End User
Customers that utilize the Collocation site's equipment"or facilties of the
transfer of service to assuming CLEC, unless vacating CLEC has a
waiver from the FCC or other applicable regulatory authority. Vacating
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 88
Section 8
Collocation
CLEC must provide an email notification to Qwest with the Collocation
Transfer of Responsibility Application representing that all of its End User .
Customers have been properly notified or provide a copy of any
applicable waiver.
8.2.1.22.2.16 If the Collocation site being transferred has a direct
CLEC-to-CLEC connection arrangement, a letter of authorization (LOA)must be submitted with the Collocation Transfer of Responsibility
Application, signed by both CLECs in the direct CLEC-to-CLEC
arrangement authorizing the transfer of the direct CLEC-to-CLEC
connection service to assuming CLEC. A separate LOA is required for
each direct CLEC-to-CLEC relationship associated with the transferring
Collocation site. Each LOA shall identify the CLECs, CLLI codes, and
BANs for their respective Collocations.
8.2.1.22.2.17 Vacating CLEC and/or assuming CLEC wil be
responsible for submitting Local Service Requests (LSRs) for Unbundled
Loops, enhanced extended Loops (EELs), and line splitting. Assuming
CLEC may submit LSRs once it has accepted the quotation for the
Collocation Transfer of Responsibility and has received the preliminary
APOT information from Qwest. Orders to transfer Local Interconnection
Service (US) trunks and ancilary services (e.g., SS7, 911, operator
services) with no translation activity, as well as private line and Access
Services circuits, wil be processed based on the information provided in
the Collocation Transfer of Responsibility Application spreadsheet.
Assuming CLEC is responsible for Directory Assistance (DA), operator
services (OS), Directory Listings, Busy Line Verify/Busy Line Interrupt
(BLV/BLI), and 911 changes, if applicable. Any SS7 changes wil need to
be made after the transfer is complete.
.
8.2.1.22.2.18 After the Collocation Transfer of Responsibility is
complete, vacating CLEC, assuming CLEC, and Qwest are all required to
sign the Qwest Services Transfer Agreement.
8.2.1.22.2.19 Biling. Vacating CLEC will not incur charges for the
transfer of the Collocation site. Vacating CLEC is obligated to pay all
recurring charges associated with the Collocation until Qwest completes
the Collocation Transfer of Responsibility request. Assuming CLEC's
quotation wil reflect the following nonrecurring charges associated with
the transfer of the Collocation site: Assessment Fee, payable regardless
of whether the quotation is accepted or not, a Network Systems
Administration Fee, and charges for processing the transfer of working
circuits, if applicable. Upon completion of the Collocation Transfer of
Responsibility, Qwest wil begin Billng assuming CLEC for all recurring
charges based on assuming CLEC's Interconnection Agreement and
cease Biling vacating CLEC.
8.2.1.22.3 Abandoned Equipment. If Qwest finds, in the course of
business, reasonable evidence to substantiate that any equipment or property of
CLEC has been abandoned or left unclaimed in or at any Premises, Qwest shall
notifyCLEC in writing, via an electronic form, ofthe existence of such equipment .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 89
Section 8
Collocation
.
or property and CLEC shall have sixty (60) Days from the date of receipt of such
notice to remove such equipment or propert from the Premises. If Owest has
not received any response to this notice within thirty (30) Days of the sending of
the notice, Owest shall send a copy of the notice to CLEC via registered maiL. If,
prior to the termination of the sixty (60) Day period, CLEC disputes that 'the
equipment or property has been abandoned or left unclaimed at the Premises,
CLEC shall provide written notice to Owest of such dispute ("Resolution
Request") and commence Dispute Resolution proceedings pursuant to Section
5.18 of this Agreement. If no Resolution Request has been delivered to Owest
within sixty (60) Days of the first written notice, all equipment or property of CLEC
not removed from the Premises shall conclusively be deemed and construed to
have been transferred, deeded, and assigned by CLEC to Owest and may be
appropriated, sold, stored, destroyed and/or otherwise disposed of by Owest
without further notice to CLEC and without obligation to account therefore, and
CLEC shall reimburse Owest for all reasonable expenses incurred in connection
with the storage or other disposition of such equipment or property. If CLEC
delivers a Resolution Request but fails to commence Dispute Resolution
proceedings pursuant to Section 5.18 of this Agreement or to otherwise resolve
the dispute with Owest, within thirty (30) Days of the delivery of such Resolution
Request, then thirty (30) Days after the date of the Resolution Request, all
equipment or property of CLEC not removed from the Owest Premises shall
conclusively be deemed and construed to have been transferred, deeded, and
assigned by CLEC to Owest and may be appropriated, sold, stored, destroyed
and/or otherwise disposed of by Owest without further notice to CLEC and
without obligation to account therefore, and CLEC shall reimburse Owest for all
reasonable expenses incurred in connection with the storage or other disposition
of such equipment or property. CLEC hereby releases and agrees to defend,
indemnify, and hold harmless Owest from and against any and all costs,
expenses, claims, judgments, damages, liability or obligation arising out of or in
connection with Owests exercise of any or all of its rights under this Section.
Notwithstanding the provisions of this Section, where CLEC has submitted a
Decommissioning Application, the provisions of Section 8.2.1.22.1 of this
Agreement, shall govern the equipment or property of CLEC and not this Section
unless CLEC fails to remove its equipment or property in accordance with the
terms of Section 8.2.1.22.1 of this Agreement.
.
.
8.2.1.23 Owest shall design and engineer the most effcient route and cable
racking for the connection between CLEC's equipment in its collocated spaces to the
collocated equipment of another CLEC located in the same Owest Premises; or to
CLEC's own non-contiguous Collocation space. The most efficient route generally wil
be over existing cable racking, to the extent Technically Feasible, but to determine the
most efficient route and cable racking, Owest shall consider all information provided by
CLEG in the Collocation Application form, including but not limited to, distance limitations
of the facilities CLEC intends to use for the connection. CLEC shall have access to the
designated route and construct such connectipn, using copper, coax, optical fiber
facilities, or any other Technically Feasible method utilizing a vendor of CLEC's own
choosing. CLEC may place its own fiber, coax, copper cable, or any other Technically
Feasible connecting facilities outside of the actual physical Collocation space, subject
only to reasonable NEBS Level 1 safety limitations using the route specified by Owest.
CLEC may perform such Interconnections at the ICDF, if desired. CLEC may
interconnect its network as described herein to any other collocating Carrier, to any
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 90
Section 8
Collocation
collocated Affiliate of CLEC, to any End User Customer's premises, and may
interconnect CLEC's own collocated space and/or equipment (e.g., CLEC's Physical .
Collocation and CLEC's Virtual Collocation on the same Premises). CLEC-to-CLEC
Connections shall be ordered either as part of a Collocation Application under Section
8.4, or separately from a Collocation Application in accordance with Section 8.47.
CLEC-to-CLEC Cross Connections at an ICDF are available, as follows:
8.2.1.23.1 CLEC-to-CLEC Cross Connections at the ICDF.
8.2.1.23.1.1 CLEC-to-CLEC Cross Connection (COCC-X) is
defined as CLEC's capability to order a Cross Connection from its
Collocation in a Owest Premises to its non-adjacent Collocation space or
to another CLEC's Collocation within the same Owest Premises at the
ICDF.
8.2.1.23.1.2 Owest wil provide the capability to combine these
separate Collocations through an Interconnection Distribution Frame
(ICDF). This is accomplished by the use of CLEC's Connecting FaciltyAssignment (CFA) terminations residing at an ICDF. Also, ICDF Cross
Connections must terminate on the same ICDF at the same service rate
leveL.
8.2.1.23.1.3 If CLEC has its own dedicated ICDF, CLEC is
responsible for ordering tie cables to the common ICDF frame/bay where
the other CLEC resides. These tie cables would be ordered through the
existing Collocation Application form..8.2.1.23.1.4 CLEC is responsible for the end-to-end service
design that uses ICDF Cross Connection to ensure that the resulting
service meets its End User Customets needs. This is accomplished by
CLEC using the Design Layout Record (DLR) for the service connection.
8.2.1.23.1.5 If two (2) CLECs are involved, one (1) CLEC acts as
the "ordering" CLEC. The ordering CLEC identifies both connection
CFAs on the ASR. CLEC requests service order activity by using the
standard ASR forms. These forms are agreed upon nationally at the OBF
(Ordering and Biling Forum). Refer to the DMP (Document Management
Platform)/Carrier/Carrier Centers/"A"/"ASOG" for copies of all forms
including definitions of the fields. CLEC is responsible for obtaining these
forms. Owest must not reproduce copies for its Customers, as this is a
copyright violation. The standard industry forms for CLEC-to-CLEC
Cross Connections (COCC-X) are: Access Service Request (ASR),
Special Access (SPE) and Additional Circuit Information (ACI).
8.2.1.24 Owest wil provide CLEC the same connection to the network as Owest
uses for provision of services to Owest End User Customers. The direct connection to
Owests network is provided to CLEC through a direct connection to Owests existing
Cross Connection network. CLEC and Owest wil share the same distributing frames for
similar types and speeds of equipment, where Technically Feasible and, space
permitting..
January 13, 2010/msd/lntradoIlD/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 91
Section 8
Collocation.8.2.1.25 CLEC terminations wil be placed on the appropriate Qwest Cross
Connection frames using standard engineering principles. CLEC terminations will share
frame space with Qwest terminations on Qwest frames without a requirement for an
intermediate device.
8.2.1.26 If CLEC disagrees with the selection of the Qwest Cross Connection
frame, CLEC may request a tour of the Qwest Premises to determine if Cross
Connection frame alternatives exist, and may request a connection to an alternative
frame or an alternative arrangement, such as direct connections from CLEC's
Collocation space to the MDF or COSMICTM frame.
8.2.1.27 Conversions of the various Collocation arrangements (e.g., Virtual to
Physical) wil be considered on an Individual Case Basis. CLEC must pay all associated
conversion charges.
.
8.2.1.28 Qwest shall permit CLEC to construct or subcontract the construction and
build-out of Physical Collocation arrangements with contractors approved by Qwest.
Such CLEC construction of Physical Collocation arrangements are for within CLEC's
physical space including the cage, if appropriate, frames, and cable racking. Also,
CLEC may install the tie cables, blocks, and terminations on the ICDF or CLEC-to-CLEC
connections, outside CLEC's physical space and according to Qwests design. Qwest
approval of CLEC contractors involves security access arrangements and shall not be
unreasonably withheld. CLEC is not required to use Qwest or Qwest contracted
personnel for the engineering and installation of CLEC's collocated equipment. Approval
by Qwest of CLEC's employees, vendors or subcontractors shall be based on the same
criteria that Qwest uses in approving contractors for its own purposes.
8.2.1.29 Qwest wil provide CLEC with written notification at least five (5) business
days before any scheduled non-emergency AC or DC power work in the collocated
facility that may cause a power disruption to CLEC equipment located in the Qwest
facility. This does not include notification of routine power testing or power installation
work not expected to cause a power disruption. Qwest will use dilgent efforts to notify
CLEC by the Abnormal Condition Report (ACR) of: (a) general power outages as soon
as Qwest becomes aware that an outage is to take place or has occurred and (b) any
emergency power disruption that would impact CLEC equipment no later than thirty (30)
minutes after such activity commences. Finally, Qwest shall immediately notify CLEC by
ACR if an alarm condition exists with respect to the monitoring of power that poses a
material risk to the continued operation of CLEC equipment.
.
8.2.1.30 Optional DC Power Measurement. CLEC wil order DC power to meet its
needs with a twenty (20) amperes (amp) per feed minimum. If CLEC orders more than
sixty (60) amps, Qwest typically terminates such feed on a power board. If CLEC orders
sixty (60) amps or less, the power feed typically terminates at a battery distribution fuse
board (BDFB). No power measurements are performed at a BDFB. Therefore, for sixty
(60) amps or less, the power usage rate is based on CLEC ordered amps. For power
feeds of greater than sixty (60) amps terminated at the power board, Qwest will measure
usage on a semi-annual basis if CLEC orders Optional DC Power Measurement. Qwest
will also take a reading within thirty (30) Days of a written request by CLEC. Qwest will
perform a maximum of four (4) readings per year for a particular Collocation site. Until
the routine semi-annual reading or until such time that Qwest makes a reading based on
a written request, Qwest wil bil CLEC based on the amount of power ordered. Based
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 92
Section 8
Collocation
on the reading, Owest wil adjust the new monthly usage rate to CLEC's actual usage .
rate on a going forward basis.
8.2.1.31 Joint Testing. Joint Testing allows CLEC to request Owest to participate
in Joint Testing ofCLEC terminations at the Interconnection Distribution Frame (ICDF).
CLEC may request Joint Testing on the Collocation Application form or by sending a
separate Joint Testing Application form. Collocation and Joint Testing Application forms
are available in the PCAT. CLEC must specify on its application the terminations to be
tested and the type of tests to be performed withOwest. CLEC must provide contact
information on the application for Owest to arrange the Joint Testing date and time.
Once CLEC has completed its installation work and is ready for testing, CLEC formally
requests Joint Testing via e-mail toRFSMET~qwest.com. Upon receipt of request
Owest and CLEC wil promptly meet and agree upon a date to perform Joint Testing,
which shall take place no later than thirty (30) Days after the request.
8.2.1.31.1 Owest wil only test between CLEC Collocation and the ICDF
once CLEC equipment is in place. Joint Testing is only available for the
terminations identified on the Collocation Application or Joint Testing Application.
If CLEC wants additional terminations tested that are not identified on its initial
application, CLEC wil need to complete a new Joint Testing Application.
8.2.1.31.2 Each Party wil provide appropriate test equipment for its
technicians. Owest wil assist CLEC in conducting continuity tests on
terminations at the ICDF. Owest wil not operate CLEC test equipment. If errors
are found during the Joint Testing, Owest will only repair Owest network faults.
CLEC is responsible for replacement or repair of CLEC-provided facilties..
8.2.1.31.3 If during the scheduled Joint Testing, the Owest-caused error
rate is more than two percent (2%) on the terminations identified for testing,
Owest wil not charge for this Joint Testing. If there are less than two percent
(2%) errors found or if the errors found are facility errors on CLEC provided
facilties, Owest wil charge for the Joint Testing. One (1) pair is counted as two
(2) terminations and errors are counted on a one (1) termination basis. If CLEC
requests that the charges be waived because Owest errors are found during
Joint Testing, Owest may access CLEC's Collocation space to identify if the
facility cabling sequence is correct, per applicable standards. CLEC may review
Owest facility cabling at the ICDF to verify the cable sequence, per applicable
standards.
8.2.1.32 DC Power Reduction. DC Power Reduction With Reservation allows
CLEC to reserve a fuse or breaker position on the power board or battery distribution
fuse board (BDFB) when reducing a secondary power feed to zero. CLEC wil pay a
monthly power maintenance charge to retain the existing power cabling and fuse
position for future power augment requests or until such time as CLEC notifies Owest it
wishes to discontinue the option. DC Power Reduction Without Reservation allows
CLEC to reduce the ordered amps on a primary or secondary feed to a minimum of
twenty (20) amps.
8.2.1.32.1 Applications for DC Power Reduction may be submitted only for
Collocation sites that have been completed and accepted by CLEC, otherwise
CLEC should follow standard change or augment procedures including the .
January 13, 2010/msd/lntrado/lD/CDS-1 00112-001 0
Qwest Fourteen State Negotiations Template, December 29,2008 93
Section 8
Collocation.applicable rates for changes or augments. On the Collocation Application, CLEC
should indicate that it is a request for DC Power Reduction and identify the
specific power feeds to be reduced. Qwest wil notify CLEC of any deficiencies in
the Collocation Application, within ten (10) Days of receipt. A quotation for the
DC Power Reduction wil be provided to CLEC within twenty-five (25) Days. The
quoted nonrecurring charges wil be honored for thirty (30) Days from the
quotation. CLEC payment of all quoted nonrecurring charges constitutes
acceptance and Qwest wil then perform the work. If CLEC accepts the quotation
within seven (7) Days, Qwest shall complete the DC Power Reduction within
ninety (90) Days of receipt of the Collocation Application.. If CLEC accepts the
quotation after seven (7) Days, Qwest shall complete the DC Power Reduction
within ninety (90) Days of receipt of CLEC's acceptance.
8.2.1.32.2 CLEC assumes all responsibilty for outages or impacts to CLEC
services and equipment due to the reduction in DC power. Restoration of the DC
power is contingent upon the desired power and fuse availability.
.
8.2.1.32.3 Before submitting a Collocation Application requesting DC
Power Reduction, CLEC's financial obligations for the Collocation site must be
current, with the exception of formally disputed charges. Billng to CLEC wil be
revised to reflect the reduced DC power upon receipt of payment of the quoted
charges effective back to the date of acceptance by Qwest of the Collocation
Application.
8.2.1.32.4 If a shortage of fuse positions is imminent, Qwest wil notify CLEC
of the need to exercise its option to reuse the power feed and fuse, or relinquish
the fuse position for use by another CLEC or Qwest. Upon receipt of such
notification, CLEC must request restoration of the secondary power feed to at
least twenty (20) amps or return the fuse position to Qwest within thirty (30)
Days.
8.2.1.33 Collocation Available Inventory. Collocation Available Inventory provides
CLEC with information about the availability of (a) returned Collocation sites and
elements under Qwests control ("Qwest Postings") and (b) CLEC controlled sites that
may be posted are available for a Transfer of Responsibility ("CLEC Postings"). Qwest
and CLECs may post available Collocation sites on Qwests wholesale web site at
http://ww.qwest.com/wholesale/collocationspace.html. CLEC must either have an
approved Interconnection Agreement or is currently negotiating with Qwest to have an
interim Interconnection Agreement with the specific type of' Collocation to be obtained. If
the Interconnection Agreement is pending approval, CLEC must execute an early
ordering letter. Qwest reserves the right to remove Qwest Postings to satisfy CLEC
Collocation Applications or Qwest space requirements. Qwest shall not use the Qwest
, Postings as a basis to claim exhaust in any Qwest Premises.
8.2.1.33.1 CLEC obtaining a Collocation site from Qwest Postings must not
have any overdue financial obligations owed to Qwest for Collocation, with the
exception of formally disputed charges. CLEC wil be required to pay a minimum
of six (6) months of space construction and floor space lease recurring charges if
CLEC terminates its lease prior to six (6) months occupancy..8.2.1.33.2 Qwest Postings. Collocation sites available in Qwest Postings
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 94
Section 8
Collocation
may be partially or fully completed before being returned to Qwest inventory.
Both Caged Physical Collocation and Cageless Physical Collocation sites will be .
offered in the Qwest Postings and will be available under the terms and
conditions set forth in the Interconnection Agreement of the CLEC acquiring the
Collocation space. CLEC may request to add to or complete the Collocation site
to its specifications. CLEC may also request that Qwest reduce the cable
terminations and CLEC wil be charged for the removal of such cable
terminations.
8.2.1.33.3 All services that were previously connected to the Collocation
(e.g., UNEs, CLEC to CLEC, administrative lines, Finished Services, and LineSplitting) wil be disconnected before the site is listed in the Qwest Postings.
Power, grounding, and Entrance Facilities wil also be disconnected before the
site is listed. Qwest shall inventory all reusable and reimbursable elements and
include them in the Collocation site information.
8.2.1.33.4 Qwest may also elect to offer Collocation sites returned through
bankruptcy or abandonment consistent with Applicable Law (Le., "Special Sites").
These Collocation sites will not be decommissioned and will be posted as
unverified sites with equipment which may include electronic equipment, racks,
cages, DC power, grounding and terminations. It is expressly understood and
agreed that Qwest is selling equipment that is used or surplus equipment on an
"as is, where is" basis with all faults, latent and patent, and the equipment is
conveyed without any Qwest warranties or representations of any kind, express
or implied. CLEC is responsible for all softare and softare license agreements
for any equipment conveyed as part of a Special Site. CLEC is responsible for
handling, scrapping, destruction or other disposition of any equipment conveyed
as part of a Special Site and shall conform and comply with: (a) All applicable
federal, state, county and municipal laws, statutes, regulations, and codes
regulating hazardous wastes, materials or substances, including, but not limited
to the Toxic Substances Control Act (TSCA) (15 U.S.C. § 2601 et seq.); the
Resource Conservation and Recovery Act (RCRA) (42 U.S.C. § 6901 et seq.);
Hazardous Materials Transportation Act (HMTA) (49 U.S.C. § 1801 et seq.);
Occupational Safety and Health Act (OSHA) (29 U.S.C. § 651 et seq.);
Comprehensive Environmental Response, Compensation, and Liabilty Act
(CERCLA)(42 U.S.C. § 9601 et seq.); and any successor acts thereto or the
regulations promulgated thereunder and any applicable International laws and
regulations; (b) Environmental rules and regulations governing environmental
impacts associated with the production and or recovery of precious metals, scrap
metals and material processing and or residual material disposition whether
hazardous or non-hazardous as defined by governing laws and or applicable
laws and are the sole responsibility of CLEC; and (c) All hazardous waste,
hazardous material, hazardous substances or solid, waste manifests relating to
the shipping, receiving, disposal or final disposition of the equipment shall not
reference, list or otherwise indicate on the manifest that Qwest is the generator,
arranger, transporter, owner or otherwise the party that owns, controls, manages,
handles, stores, generates or otherwise uses the equipment. On any required
hazardous waste, hazardous material, hazardous substances or solid waste
manifest relating to the shipping, receiving, disposal or final disposition of the
equipment, CLEC shall be listed as the generator, arranger and owner of the
materials.
January 13, 2010/msd/lntrado/ID/CDS-100t12-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 95
.
.
Section 8
Collocation.8.2.1.33.5 CLEC wil submit a Collocation Application indicating a specific
Collocation site from the Collocation Available Inventory. Qwest wil follow the
standard Collocation provisioning intervals for the type of Collocation as included
in CLEC's Interconnection Agreement. During preparation of the quotation,
Qwest will validate all reusable elements and send an inventory verification letter.
After receipt of the validated inventory, CLEC may cancel the Collocation
Application or submit a change to the pending Collocation Application. Any
cancellation due to differences between the Qwest Posting and actual inventory
wil not result in a QPF or Engineering and Design Fee being charged.
8.2.1.33.6 Charges for Collocation sites listed in the Qwest Postings wil be
on a site specific basis, according to assuming CLEC's Interconnection
Agreement and its requested work in the Collocation Application. Assuming
CLEC wil receive a fifty percent (50%) discount on nonrecurring reusable
elements, if any, as defined in Section 8.2.1.22.
8.2.1.34 CLEC Collocation of Splitters
.
8.2.1.34.1 If CLEC elects to have Splitters installed in Qwest Wire Centers
via the standard Collocation arrangements, CLEC will either purchase the
Splitters or have Qwest purchase the Splitters subject to full reimbursement of
the cost of the Splitters plus any pass through of actual vendor invoice costs,
including but not limited to taxes, shipping and handling. The Splitters must meet
the requirements for Central Office equipment Collocation set by the FCC. CLEC
wil be responsible for installng and maintaining the Splitters in its Collocation
areas within Qwest Wire Centers.
8.2.1.34.2 Reclassification allows a CLEC that has existing spare
terminations to reclassify those terminations for UNE or other services as
necessary. Reclassification is required when the terminations for the requested
services are inventoried in a database different from the database of the existing
spare terminations. A spare termination is a CLEC termination that is not in use
and has no pending orders against it.
8.2.1.34.3 CLEC may designate some or all of its existing tie cables for use
in connection with UNEs or other services. Qwest wil perform any necessary tie
cable reclassifications, frame re-stenciling, and related work for which it is
responsible and that is required to provision Line Splitting and Loop Splitting.
Charges wil apply pursuant to Exhibit A of the Agreement.
8.2.1.34.4 Two (2) ITPs and two (2) tie cables wil be needed to connect
Splitters to the Qwest network. One (1) ITP wil carry both voice and data traffic
from the COSMICTM/MDF Loop termination, to an appropriate ICDF. From this
frame, one (1) tie cable wil carry both voice and data traffc to the Splitter located
in CLEC's Collocation area. The voice and data traffc wil be separated at the
Splitter. The data traffc wil be routed to CLEC's network within its Collocation
area. The voice traffc wil be routed to the COSMICTM/MDF Switch termination,
via the ICDF, using a second tie cable and a second ITP..8.2.1.34.5 Interconnection Tie Pairs and Tie Cables. There are two (2)
types of ITP arrangements for connecting the Qwest network to the CLEC
January 13, 201 0/msd/lntrado/lD/CDS-1 00112-001 0
Qwest Fourteen State Negotiations Template, December 29, 2008 96
Section 8
Collocation
provided Splitter, depending on whether CLEC elects to use an ICDF or direct .
connections.
8.2.1.34.5.1 CLEC may elect to use an ICDF. In this instance, one (1)
ITP carries the combined voice/data signal from the COSMICTM/MDF
Loop termination to the ICDF and a second ITP carries the voice only
signal from the ICDF to the COSMICTM/MDF Switch termination. For
each Shared Loop, two (2) pairs of the tie cable must be used: one (1)
pair of the tie cable will carry the voice/data from the ICDF to the CLEC
provided Splitter, and the second pair wil carry the voice-only signal from
the CLEC provided Splitter to the ICDF.
8.2.1.34.5.2 CLEC may elect to use direct connections between the
CLEC-provided Splitter and the COSMICTM/MDF. In this instance, Qwest
will provide one (1) tie cable between each module of the
COSMICTM/MDF and the CLEC-provided Splitter. One (1) pair in the tie
cable wil carry the combined voice/data signal from the COSMICTM/MDF
Loop termination to the CLEC-provided Splitter in CLEC's Collocation
space. A second pair in the tie cable wil carry the voice-only signal from
the CLEC-providedSplitter to the Switch termination on the
COSMICTM/MDF. These tie cables wil be dedicated to CLEC's use, and,
as a result, the full cost of the necessary Mechanized Engineering and
Layout for Distributing Frame (MELDTM) run, cable placement, and cable
termination, and associated COSMICTM/MDF hardware to terminate a tie
cable on each outside plant and Switch equipment module of the
COSMICTM/MDF wil be assessed to CLEC in accordance with Section 8
(Collocation). To minimize CLEC's cost, to the extent feasible, Qwest
shall consolidate CLEC's requirements with the requirements of Qwest
and other CLECs into a single MELDTM run whenever feasible. Costs of
such consolidated MELDTM runs shall be prorated among the parties,
including Qwest. Qwest wil provide, for each Shared Loop, the tie cable
pair assignments.
.
8.2.1.34.6 The Demarcation Points between Qwests network and CLEC's
network wil be the place where the combined voice and data Loop is connected
to the ICDF, or where CLEC chooses a direct connection to the COSMICTM/MDF,
where the combined voice and data Loop originates from CLEC's Collocation.
8.2.1.35 Collocation Joint Inventory Visit. Collocation Joint Inventory Visit allows
CLEC to request a comprehensive visit with Qwest at an existing Central Office
Collocation site. The purpose of this Joint Inventory Visit is to review space, power,
terminations, synchronization, administrative lines, virtual equipment, common area
splitter, AC outlets, and to verify billable rate elements versus actual billng.
8.2.1.35.1 There wil be no time allocated during the visit for testing or
repairing items identified. The Joint Inventory Visit Process excludes physical
review of the Entrance Facility POi location. Inventory wil be documented and
any deviations identified on a "Collocation-Joint Inventory Visit Form." This form
will become the basis fOl/a follow-up corrective action plan based on mutual
agreement. A copy wil be provided to CLEC prior to the wrap-up conference
calL..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 97
.
.
.
Section 8
Collocation
8.2.1.35.2 Joint Inventory Visit is available for any Central Office premise
type of Collocation.
8.2.1.35.3 Joint Inventory Visit quotation wil be communicated from the
Owest Collocation Project Management Center (CPMC) via email to CLEC and
followed by an invoice requiring 100% payment. Ouotations are sustainable
upon receipt, since the shortened timeframe requires immediate processing by
Owest.
8.2.1.35.4 The visits wil be conducted during normal business hours defined
as: Monday through Friday from 8 am to 5 pm local time excluding Owest
recognized holidays.
8.2.1.35.5 The Owest employee conducting the visit wil be a knowledgeable
management employee. The Owest representative wil be identified by a State
Interconnect Manager (SICM).
8.2.1.35.6 The overall process for a Collocation Joint Inventory Visit wil be
sixty (60) Days from receipt of a valid and complete application to completion of
the Joint Inventory Visit, subject to scheduling availability of both Owest and the
CLEC.
8.2.1.35.7 A maximum of two scheduling visits wil be planned subject to a
minimum forty-eight (48) hour cancellation policy. Any cancellation less than
forty-eight (48) hours prior to the scheduled Joint Inventory Visit time or failure to
conduct the visit by CLEC wil result in CLEC being biled and no deliverables
received.
8.2.1.35.8 CLEC must submit a "Joint Inventory Visit Application" to order a
Collocation Joint Inventory Visit. The Joint Inventory Visit Application is available
at: http://ww.awest.com/wholesale/pcatlcollocation.html#imp.
8.2.1.35.9 Each site requested will require a separate application form. This
is defined as each eleven digit CLLI code location.
8.2.1.35.10 CLEC wil receive an email acknowledgment of the application
receipt and validation or feedback on any information requiring clarification within
one (1) business day.
8.2.2 Terms and Conditions. Virtual Collocation
8.2.2.1 Owest is responsible for installng, maintaining, and repairing virtually
collocated equipment for the purpose of Interconnection or to access UNEs, ancilary
and Finished Services. When providing Virtual Collocation, Owest shall install, maintain,
and repair collocated equipment within the same time periods and with failure rates that
are no greater than those that apply to the performance of similar functions for
comparable equipment of Owest.
8.2.2.2 CLEO wil not have physical access to the virtually collocated equipment
in the Owest Premises. However, CLEC will have physical access to the Demarcation
Point in theOwest Premises.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 98
Section 8
Collocation
8.2.2.3 CLEC wil be responsible for obtaining and providing to Owest
administrative codes (e.g., common language codes) for all equipment provided by .
CLEC and installed in Owest Premises.
8.2.2.4 CLEC shall ensure that upon receipt of CLEC's virtually collocated
equipment by Owest, all warranties and access to ongoing technical support are passed
through to Owest at CLEC's expense. CLEC shall advise the manufacturer and seller of
the virtually collocated equipment that CLEC's equipment wil be possessed, installed
and maintained by Owest.
8.2.2.5 CLEC's virtually collocated equipment must comply with Telcordia
Network Equipment Building System (NEBS) Level 1 safety standards and any statutory
(local, state or federal) and/or regulatory requirements in effect at the time of equipment
installation or that subsequently become effective. CLEC shall provide Owest interface
specifications (e.g., electrical, functional, physical and software) of CLEC's virtually
collocated equipment. Such safety and engineering standards shall apply to CLEC
equipment only to the degree that they apply to Owest equipment located in Owests
Premises.
8.2.2.6 CLEC must specify all software options and associated plug-ins for its
virtually collocated equipment.
8.2.2.7 CLEC wil be responsible for payment of Owests initial direct training
charges associated with training Owest employees for the maintenance, operation and
installation of CLEC's virtually collocated equipment when such equipment is different
than the standard equipment used by Owest in that Premises. This includes per diem
charges (Le., expenses based upon effective Owest labor agreements), travel and
lodging incurred by Owest employees attending a vendor-provided training course.
.
8.2.2.8 CLEC wil be responsible for payment of reasonable charges incurred in
the maintenance and/or repair of CLEC's virtually collocated equipment in accordance
with this Agreement, unless otherwise agreed by the Parties. Notwithstanding the
foregoing, CLEC shall not be responsible for any costs or charges incurred in the
maintenance and/or repair of CLEC's virtually collocated equipment where such costs or
charges result from Owests fault or negligence.
8.2.3 Terms and Conditions. Caged and Cage less Physical Collocation
8.2.3.1 Owest shall provide Caged and Cage less Physical Collocation to CLEC
for access to UNEs and ancillary services and Interconnection, except that Owest may
provide Virtual Collocation if Owest demonstrates to the Commission that Physical
Collocation is not practical for technical reasons or because of space limitations, as
provided in Section 251 (c)(6) of the Act.
8.2.3.2 Physical Collocation is offered in Premises on a space-available, first
come, first-served basis.
8.2.3.3 Intentionally Left Blank.
8.2.3.4 Owest will design the floor space in the most efficient manner possible
within each Premises that will constitute CLEC's leased space. CLEC wil, in .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 99
Section 8
Collocation.accordance with the other terms and conditions of this Section, have access to its leased
space.
8.2.3.5 When Owest constructs the collocated space, Owest will ensure that the
necessary construction work (e.g., racking, ducting and caging for Caged Physical
Collocation) is performed pursuant to Owest Technical Publication 77350, including all
construction of CLEC's leased physical space and the riser from the vault to the leased
physical space.
8.2.3.6 Generally, CLEC owns or leases and is responsible for the installation,
maintenance and repair of its equipment located within the physically collocated space
leased from Owest. One exception is the Bay itself.
8.2.3.6.1 This Section allows CLEC to request Owest to procure and install
necessary equipment bay infrastructure for CLEC. CLEC agrees to provide
Owest with all bay specifications needed to procure the proper bay.
.
8.2.3.6.2 Upon receipt of a complete Collocation Application where the
CLEC has requested that Owest procure and install the Cageless bay
infrastructure, Owest wil review the bay specifications provided on the
Application. Within three (3) Days of validation of the application, Owest wil
contact CLEC with any questions.
8.2.3.6.3 If Collocation Entrance Facilties and space are available, Owest
wil develop a price quotation within twenty-five (25) Days of completion of the
feasibility study. Price quotations wil be honored for thirty (30) Days from the
date the quotation is provided. During this period the Collocation Entrance
Facilty and space are reserved pending CLEC's Acceptance of the quoted
charges.
8.2.3.6.4 Within thirty (30) Days of receipt of the quotation, CLEC must
submit Acceptance with 50% payment of the nonrecurring charges or
acknowledge non-Acceptance of the quoted charges.
8.2.3.6.5 Upon receipt of Acceptance and 50% payment of the quoted
nonrecurring charges, Owest wil procure and install the equipment bay on behalf
of CLEC. The equipment bay installation wil be completed with the Standard
Installation Intervals listed in this Agreement.
8.2.3.6.6 Upon completion of the Equipment Bay installation, CLEC
assumes ownership of the Equipment Bay and is responsible for removal of the
bay upon Decommissioning of the site. Equipment includes all CLEC owned
electronic equipment, equipment racks, mounting hardware, and CLEC supplied
cable (including direct CLEC-to-CLEC cables).
.
8.2.3.7 Owest shall permit CLEC to commence installation of its equipment prior
to completion of Owests work on the remaining Collocation infrastructure, at no
additional charge to CLEC. Such "early access" date wil be negotiated by Owest and
CLEC on a site specific basis. In order to obtain early access, CLEC must pay eighty
percent (80%) of the remaining fifty percent (50%) of the quoted nonrecurring charges
before early access is granted, leaving a holdback of ten percent (10%) of the originally
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 100
Section 8
Collocation
quoted nonrecurring charges. All appropriate (Le., space and cable racking) recurring .
charges wil begin on a negotiated date. The enclosure for Caged Physical Collocation
must be complete before early access is granted. Such early access by CLEC shall not
interfere with the work remaining to be performed by Qwest.
8.2.3.8 Upon completion of the construction of the Collocation project, Qwest wil
work cooperatively with CLEC in matters of joint testing and maintenance.
8.2.3.9 If, during installation, Qwest determines CLEC activities or equipment do
not comply with the NEBS Level 1 safety standards listed in this Section or are in
violation of any Applicable Laws or regulations all equally applied to Qwest, Qwest has
the right to stop all installation work until the situation is remedied. Qwest shall provide
written notice of the non-compliance to CLEC and such notice will include: (1)
identification of the specific equipment and/or installation not in compliance; (2) the
NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the
basis for concluding that CLEC's equipment and/or installation does not meet the safety
requirement; and (4) a list of all equipment that Qwest locates at the Premises in
. question, together with an affidavit attesting that all of that equipment meets or exceeds
the safety standard that Qwest contends CLEC's equipment fails to meet. If such
conditions pose an immediate threat tò the safety of Qwest employees, interfere with the
performance of Qwests service obligations, or pose an immediate threat to the physical
integrity of the conduit system, cable facilities or other equipment in the Premises, Qwest
may perform such work and/or take action as is necessary to correct the condition at
CLEC's expense. In the event that CLEC disputes any action Qwest seeks to take or
has taken pursuant to this provision, CLEC may pursue immediate resolution by the
Commission or a court of competent jurisdiction..
8.2.3.10 All equipment placed will be subject to random safety audits conducted by
Qwest. These audits wil determine whether the equipment meets the NEBS Level 1
safety standards required by this Agreement. CLEC wil be notified of the results of this
audit. If, at any time, pursuant to a random audit or otherwise, Qwest determines that
the equipment or the installation does not meet the NEBS standards described in
Section 8.2.1.8, CLEC wil be responsible for the costs associated with the removal,
modification to, or installation of the equipment to bring it into compliance. Qwest shall
provide written notice of the non-compliance to CLEC, and such notice wil include: (1)
identification of the specific equipment and/or installation not in compliance; (2) the
NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the
basis for concluding that CLEC's equipment and/or installation does not meet the safety
requirement; and (4) a list of all equipment that Qwest locates at the Premises in
question, together with an affdavit attesting that all of that equipment meets or exceeds
the safety standard that Qwest contends CLEC's equipment fails to meet. If CLEC fails
to correct any non~compliance within fifteen (15) Days of written notice of non-
compliance, or if such non-compliance cannot be corrected within fifteen (15) Days of
written notice of non-compliance, and if CLEC fails to take all appropriate steps to
correct any non-compliance as soon as reasonably possible, Qwest may pursue
immeniate resolution by the Commission or a court of competent jurisdiction. If there is
an immediate threat to the safety of Qwest employees, or an immediate threat to the
physical integrity of the conduit system, cable facilities, or other equipment in the
Premises, Qwest may perform such work and/or take such action as is necessary to
correct the condition at CLEC's expense..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 101
Section 8
Collocation.8.2.3.11 Qwest shall provide basic telephone service with a connection jack at the
request of CLEC for Caged or Cageless Physical .collocation space. Upon CLEC's
request, this service shall be available per standard Qwest business service Provisioning
processes and rates.
8.2.3.12 For .caged Physical Collocation, CLEC's leased floor space will be
separated from other CLECs and Qwest space through a cage enclosure. Qwest will
construct the cage enclosure or CLEC may choose from Qwest approved contractors or
may use another vendor of CLEC's own choosing, subject to Qwests approval which
may not be unreasonably withheld, to construct the cage enclosure. All CLEC
equipment placed wil meet NEBS Level 1 safety standards, and wil comply with any
local, state, or federal regulatory requirements in effect at the time of equipment
installation or that subsequently become effective~
8.2.3.13 For Cageless Physical Collocation in a Wire Center, the minimum square
footage is nine (9) square feet per bay (however, if smaller bays are or become
available, Qwest wil reduce the minimum square footage accordingly). Requests for
multiple bay space wil be provided in adjacent bays where possible. When contiguous
space is not available, bays may be commingled with other CLECs' equipment bays.
CLEC may request, through the Qwest Space Reclamation Policy, a price quotation to
rearrange Qwest equipment to provide CLEC with adjacent space.
8.2.4 Transmission Facilty Access to Collocation Space.8.2.4.1 For Virtual or Physical Collocation, CLEC may select from four (4)
optional methods for facility access to its Collocation space. They include: 1) fiber
Entrance Facilities, 2) purchasing private line or Access Services, 3) Unbundled Network
Elements, and 4) microwave Entrance Facilities. Other Entrance Facility technologies
may be requested through the BFR process.
8.2.4.2 Collocation Fiber Entrance Facilities. Qwest offers three (3) Fiber
Collocation Entrance Facility options - Standard Fiber Entrance Facility, Cross Connect
Fiber Entrance Facility, and Express Fiber Entrance Facilities. These options apply to
Caged and Cageless Physical Collocation and Virtual Collocation. Fiber Entrance
Facilities provide the connectivity between CLEC's collocated equipment within the
Qwest Wire Center and a Collocation Point of Interconnection (C-POI) outside the Qwest
Wire Center where CLEC shall terminate its fiber-optic facility, except the Express Fiber
Entrance Facilities.
8.2.4.3 CLEC is responsible for providing its own fiber facilities to the C-POI
outside Qwests Wire Center. Qwest will extend the fiber cable from the C-POI to a
Fiber Distribution Panel (FDP). Additional fiber, conduit and associated riser structure
wil then be provided by Qwest from the FDP to continue the run to CLEC's leased
Collocation space (Caged or Cageless Physical Collocation) or CLEC's equipment
(Virtual Collocation). The Qwest-provided facility from the C-POI to the leased
Collocation space (Physical Collocation) or CLEC equipment (Virtual Collocation) shall
be considered the Collocation Fiber Entrance Facility. The preceding provisions do not
apply to an Express Fiber Entrance Facility which provides that CLEC fiber wil be pulled
to CLEC Collocation equipment without splices or termination on an FDP..8.2.4.3.1 Standard Fiber Entrance Facility -- The standard fiber Entrance
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 102
Section 8
Collocation
Facility provides fiber connectivity between CLEC's fiber facilities delivered to the
C-POI and CLEC's Collocation space in increments of twelve (12) fibers. CLEC's
fiber cable is spliced into a Qwest-provided shared fiber entrance cable that
consists of six (6) buffer tubes containing twelve (12) fibers each for a seventy-
two (72) fiber cable. The seventy-two (72) fiber' cable shall be terminated on a
Fiber Distribution Panel (FDP). A twelve (12) fiber Interconnection cable is
placed between CLEC's Collocation space and the FDP. The FDP provides
Qwest with test access and a connection point between the transport fiber and
CLEC's Interconnection cable.
.
8.2.4.3.2 Cross Connect Fiber Entrance Facility - The cross connect fiber
Entrance Facility provides fiber connectivity between CLEC's fiber facilities
delivered to a C-POI and multiple locations within the Qwest Wire Center.
CLEC's fiber cable is spliced into a Qwest-provided shared fiber entrance cable
in twelve (12) fiber increments. The Qwest fiber cable consists of six (6) buffer
tubes containing twelve (12) fibers each for a seventy-two (72) fiber cable. The
seventy-two (72) fiber cable terminates in a fiber distribution paneL. This fiber
distribution panel provides test access and flexibility for Cross Connection to a
second fiber distribution paneL. Fiber Interconnection cables in four (4) and
twelve (12) fiber options connect the second fiber distribution panel and
equipment locations in the Qwest Wire Center. This option has the abilty to
serve multiple locations or pieces of equipment within the Qwest Wire Center.
This option provides maximum flexibility in distributing fibers within the Wire
Center and readily supports Virtual and Cageless Physical Collocation and
multiple CLEC locations in the offce. This option also supports transitions from
one (1) form of Collocation to another..
8.2.4.3.3 Express Fiber Entrance Facility - Qwest will place CLEC-
provided fiber cable from the C-POI directly to CLEC's Collocation space. The
fiber cable placed in the Wire Center must meet NEBS Level 1 fire rating
requirements. If CLEC provided cable does not meet NEBS Level 1 fire rating
requirements then a transition splice wil occur in the cable vault to insure that the
cable within the Qwest Wire Center meets requirements. This option wil not be
available if there is only one (1) conduit with two (2) unused innerducts (one (1)
for emergency restoral and one for a shared entrance cable).
8.2.4.4 Qwest will designate the location of the C-POI for Virtual, Caged Physical
or Cageless Physical Collocation arrangements.
8.2.4.5 The Collocation Entrance Facility is assumed to be fiber optic cable and
meets industry standards (GR. 20 Core). Metallc sheath cable is not considered a
standard Collocation Entrance Facility. Requests for non-standard entrances wil be
considered through the BFR process described in the Bona Fide Request Process
Section of this Agreement. All costs and Provisioning intervals for non-standard
entrances wil be developed on an Individual Case Basis.
8.2.4.6 Qwest shall provide an Interconnection point or points, physically
accessible by both Qwest and CLEC, at which the fiber optic cable carrying CLEC's
circuits can enter Qwests Wire Center, provided that Qwest shall designate
Interconnection points as close as reasonably possible to its Premises. Qwest shall .
offer at least two (2) such Interconnection points at each Qwest Wire Center when at
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 103
Section 8
Collocation.least two (2) entry points pre-exist and duct space is available. Owest will not initiate
construction of a second, separate Collocation Entrance Facility solely for Collocation. If
Owest requires the construction of a new Collocation Entrance Facility for its own use,
then the needs of CLEC wil also be taken into consideration.
8.2.4.7 As an alternative to the Fiber Entrance Facilities described above, CLEC
may purchase Owest Tariffed or cataloged Private Line or Switched Access Services.
8.2.4.8 As an alternative to the Fiber Entrance Facilities described above, CLEC
may purchase unbundled dedicated interoffce transport.
8.2.4.9 Microwave Entrance Facilities. Owest offers Microwave Entrance
Facilties, on Premises owned or controlled by Owest, to access CLECtransmission
equipment collocated on or inside the Owest Premises. The rooftop, duct, conduit, and
riser cable space for Microwave Entrance Facilities is available on a first-come, first-
served basis, where Technically Feasible. CLEC may place its microwave antenna on a
Owest owned or controlled existing tower, building, or supporting structure, where space
is available, or CLEC may construct such tower or supporting structure, if necessary and
if there is suffcient space and the building structure is not jeopardized. Such microwave
equipment wil be limited to that which is necessary for Interconnection to Owests
network or access to Owests Unbundled Network Elements.
.
8.2.4.9.1 Owest will jointly coordinate and plan with CLEC for the placement
and location of the microwave equipment on a non-penetrating roof mount, or an
existing tower or supporting structure on the exterior of a Owest Premises. The
method of placing CLEC microwave equipment shall be mutually agreed upon.
Tower space or building roof space that allows for unobstructed line-of-sight will
be provided by Owest where Technically Feasible. A weather proof cable entry
hatch or an existing wave-guide hatch or other suitable entrance into the building
is required. If space is available, CLEC may use an existing cable entry hatch or
a new cable entry hatch wil need to be constructed. The cable entry hatch
charges are on a per port used basis.
.
8.2.4.9.2 CLEC can perform the determination of line-of-sight feasibility or
structural analysis or CLEC can request that Owest perform either of these
functions. CLEC wil submit a Microwave Entrance Facility Application for each
antenna arrangement and each Owest Premises requested. A site visit wil
include appropriate Owest and CLEC personnel for the purpose of determining
whether an unobstructed line-of-sight is Technically Feasible and structural
analysis of the building. The site visit wil take place within fifteen (15) Days, or
as soon thereafter as can be scheduled by the Parties, of receipt by Owest of
CLEC's Microwave Entrance Facility Application. If CLEC performs the structural
analysis or line-of-sight feasibilty, it shall submit a response regarding its
analysis to Owest andOwest wil only bill for an escort fee per site requested. If
either Party disputes the technical feasibility, space availability, or other
conditions proposed by Owest, the Parties wil promptly petition the Commission
for resolution of the dispute.
8.2.4.9.3 If Owest performs the feasibilty analysis, a response wil be
provided to CLEC within thirty (30) Days of the site visit with the structural
analysis and line-of-sight feasibility. If the site visit determines that unobstructed
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 104
Section 8
Collocation
line-of-sight and placement of the microwave equipment are not Technically
Feasible, CLEC wil be biled only for the site visit. If the site visit determines that .
the placement of microwave equipment is Technically Feasible, Qwest wil
provide a quotation for the Microwave Entrance Facility with the quotation for the
submitted Collocation Application. If CLEC does not submit a Collocation
Application for the Premises within thirty (30) Days following the completion of
the line-of-sight and structural feasibility analysis or CLEC subsequently cancels
the Collocation Application, CLEC wil be biled for the site visit.
8.2.4.9.4 CLEC must obtain all necessary variances, licenses, approvals
and authorizations from governmental agencies with jurisdiction, such as use
permits, building permits, FCC licenses and FAA approval, if required, to
construct, operate and maintain CLEC's facilties. If Qwests assistance is
required in order for CLEC to obtain necessary licenses or permits, Qwest will
not unreasonably withhold such assistance. CLEC wil pay all expenses
associated with that assistance on a time and materials basis.
8.2.4.9.5 CLEC is responsible for the engineering, purchasing, supplying,
installng, maintaining, repairing and servicing of its, microwave specific
equipment. CLEC shall provide the cable from the radio frequency (RF)
equipment to the building cable entry hatch. However, CLEC is not permitted to
penetrate the building exterior wall or roof. Qwest wil do all building penetration
and Qwest wil install the coaxial cable or wave-guide/transmission facilty from
the cable entry hatch to CLEC's Collocation space within the interval, as set forth
in Section 8.4, for the type of Collocation requested by CLEC. CLEC facilities
shall not physically, electronically, or inductively interfere with the existing Qwest
or other CLECs' equipment. Each transmitter individually and all transmitters
collectively, for Qwest, Qwest Affilates and CLECs, at a given location shall
comply with appropriate federal, state, and local regulations governing the safe
levels of RF radiation.
.
8.2.4.9.6 Upon expiration or termination of the Collocation arrangement or
the Microwave Entrance Facility, CLEC shall return the antenna space to its
original condition. CLEC shall repair any damages caused by removal of its
microwave equipment, or by the use, operation or placement of its microwave
equipment on the Premises. If CLEC performs the foregoing, Qwest shall
impose no charges on CLEC for such work. In the event CLEC fails to remove
its microwave equipment, CLEC shall be liable to Qwest for all reasonable costs
of removal, restoration of the property, storage, and transportation to CLEC of
such microwave equipment incurred by Qwest.
8.2.5 Terms and Conditions - ICDF Collocation
8.2.5.1 Interconnection Distribution Frame (ICDF) Collocation is available if
CLEChas not obtained Caged or Cageless Physical Collocation, but requires access to
Qwests Wire Center for combining Unbundled Network Elements, Finished Services,
including local Interconnection trunks, and ancillary services. ICDF Collocation provides
CLEC with access to the Interconnection Distribution Frame, where Qwest wil terminate
the Unbundled Network Elements, Finished Services and ancillary services ordered by
CLEC. CLEC may combine such services by running a jumper on the ICDF, in
accordance with Section 8.2.5.3. CLEC access to the ICDF wil be on the same terms .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 105
.
.
.
Section 8
Collocation
and conditions described for other types of Collocation in this Section. There are
multiple frames that could be used for ICDF Collocation including, but not limited to, the
following: a) existing Interconnection Distribution Frame (ICDF); b) existing DSX panels
for DS1 and DS3 services; c) new Interconnection Distribution Frame; d) existing toll
frame; e) fiber distribution panel; and, f) existing intermediate frame. Qwest-provided
combinations in accordance with Sections 9.1 and 9.23.3.7 are not provided by Qwest in
CLEC's ICDF Collocation space.
8.2.5.2 All Qwest terminations on the Interconnection Distribution Frame wil be
given a frame address. Qwest wil establish and maintain frame address records for
Qwest terminations. Qwest wil maintain assignment records for each Unbundled
Network Element, Finished Service, and ancilary service ordered by CLEC that is
terminated on the Interconnection Distribution Frame. Qwest wil provide CLEC with the
frame assignments for each Unbundled Network Element, Finished Service, and
ancilary service terminated on the ICDF.
8.2.5.3 CLEC wil be required to place the jumper connection between frame
addresses to connect Unbundled Loops, ancilary and Finished Services. CLEC wil be
required to maintain the records for CLEC-provided jumpers.
8.2.5.4 Intentionally Left Blank.
8.2.6 Terms and Conditions. Adjacent Collocation and Adjacent Remote Collocation
8.2.6.1 CLEC may request Adjacent Collocation and Adjacent Remote
Collocation in an existing Qwest controlled environmental vault, controlled environmental
hut, or similar structures on or under Qwest owned, leased or otherwise controlled
property contiguous to a Qwest Premises, to the extent Technically Feasible. Adjacent
Collocation in an existing structure shall be ordered as Physical Collocation. Adjacent
Remote Collocation in an existing structure shall be ordered as Remote Collocation.
8.2.6.1.1 Alternatively, if no such structure described above exists, CLEC
may choose to construct or procure a structure to place on or under Qwest
owned, leased or otherwise controlled property contiguous toa Qwest Premises.
Such adjacent structure shall be in accordance with Qwests design and space
planning for the site. CLEC may propose the design for the adjacent structure,
subject to Qwests approval. Qwest wil review the building and property plans
for the new structure within thirty (30) Days.
8.2.6.1.2 CLECshall own such structure, subjectto a reasonable ground
space lease. If CLEC terminates its Adjacent Collocation space, Qwest shall
have the right of first refusal to such structure under terms to be mutually agreed
upon by the Parties. In the event Qwest declines to take the structure or terms
cannot be agreed upon, CLEC may transfer such structure to another CLEC for
use for Interconnection and or access to UNEs. Transfer to another CLEC shall
be subject to Qwests approval, which approval shall not be unreasonably
withheld. If no transfer of ownership occurs, CLEC is responsible for removal of
the structure and returning the property to its original condition.
8.2.6.2 Qwest shall provide' written authorization for use of Qwests property to
CLEC or CLEC's contractor, to the extent that Qwest owns or controls such property, to
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 106
Section 8
Collocation
assist CLEC in obtaining any building permits or other approvals that may be necessary .
to construct the facilty. CLEC is responsible for construction of the structure or
procurement of an existing structure. CLEC is responsible for meeting all State and
municipal building and zoning requirements. As participants in utility easements and
public/private rights of way arrangements, CLEC and Qwest are each responsible for
insuring their respective facilities information (housing locations, cable paths, etc.) is
communicated to OneCall/Blue Stakes-type entities, as appropriate.
8.2.6.3
facilities.
Qwest wil provide power and all other Physical Collocation services and
8.2.6.4 Upon request, Qwest will evaluate all parking or other spaces outside the
Qwest Premises on Qwest property that can be reasonably made available to CLECfor
Adjacent Collocation. Qwest wil retain a reasonable amount of parking space for Qwest
technicians or other vehicles, including CLEC's. Space below a hoisting area will not be
relinquished for Collocation space.
8.2.6.5 If Physical Collocation space becomes available in a previously
exhausted Qwest structure, Qwest shall not require CLEC to move, or prohibit CLEC
from moving its Collocation arrangement into the Qwest structure. Instead, Qwest shall
continue to allow CLEC to collocate in any adjacent controlled environmental vault,
controlled environmental hut, or similar structure.
8.2.7 Terms and Conditions - Remote Collocation
8.2.7.1 Remote Collocation allows CLEC to collocate in a Qwest Remote .
Premises that is located remotely from a Qwest Wire Center building property. Such
Remote Premises include controlled environmental vaults, controlled environmental.
huts, cabinets, pedestals and other Remote Terminals.
8.2.7.2 The terms and conditions for Physical Collocation or Virtual Collocation
shall apply to Remote Collocation as appropriate to the specific Remote Premises
structure and subject to technical feasibility (e.g., Section 8.2.3.11 and Section 8.2.4
would not apply), or if appropriate, Adjacent Collocation as set forth above. Space wil
be offered in increments appropriate to the Remote Premises structure (Le., shelf, relay
rack, etc.).
8.2.8 Terms and Conditions - Facility Connected (FC) Collocation
8.2.8.1 Facility Connected (FC) Collocation provides access via an Entrance
Facility if CLEC does not need to collocate equipment in the Wire Center but requires
access for Interconnection or access to UNEs, ancilary services and Finished Services.
CLEC wil submit its order using the FC Collocation Application. FC Collocation is
provided on a termination block or termination panel within the designated Wire Center.
Qwest wil engineer, provision, maintain and repair all services to the FC Collocation.
CLEC does not have physical access to the FC Collocation.
8.2.8.2 Qwest wil perform the installation of services to the block or panel
termination point indicated by CLEC on its orders, LSRs or ASRs, based on the
connecting facility assignments (CFAs) from CLEC's alternative point of termination~~nfurm. .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 107
Section 8
Collocation.8.2.8.3 FC Collocation is available with the following configurations:
8.2.8.3.1 Copper Entrance Facility for termination and Cross Connection
to appropriate Digital Service Level 0 (DSO) and Digital Service Level 1 (DS1)
UNE services. If utilized for DS1 UNEs, CLEC must transmit a Trunk Level 1
(T1) templated signal over the copper facility. DS1 copper Entrance Facilties will
be wired to a DS1 office repeater to remove line voltage before terminating on
the DSX paneL. Owest will install and charge for this line voltage isolation
equipment.
8.2.8.3.2 Fiber Entrance Facilty termination and Cross Connection.
8.2.8.3.3 Other levels of service such as Digital Service Level 3 (DS3) or
DS1 utilzing fiber are available via the Bona Fide Request (BFR).
8.2.8.4 Protection for lightning or voltage is required for copper Entrance
Facilities and will require protection units (Le., line voltage isolation equipment) on
standard connector blocks on the distribution frame. Owest will engineer and install this
protection. All copper cables must come through a cable vault and have
grounded/bonded sheaths.
8.2.8.5 CLEC is responsible for providing an Entrance Facility to the Owest
designated Collocation Point of Interface (C-POI)..8.2.8.6 All Owest terminations on the termination frame or panel wil be given a
frame address. Owest wil maintain frame or panel address records for Owest
terminations. CLEC wil maintain its CFA records.
8.2.9 Terms and Conditions -Common Area Splitter Collocation
8.2.9.1 If cq:C elects to have Splitters installed in Owest Wire Centers via
Common Area Splitter Collocation, the Splitters wil be installed in those Wire Centers in
one (1) of the following locations: (a) in a relay rack as close to CLEC's DSO termination
points as possible; (b) on an ICDF to the extent such a frame is available; or (c) where
options (a) and (b) are not available, or, in Wire Centers with network access line counts
of less than 10,000, on the COSMICTM/MDF or in some other appropriate location such,as an existing Owest relay rack or bay. In Wire Centers with access line counts greater
than 10,000, when all common area Splitter bays and racks are fully utilized, space
permitting, Owest will allow CLEC to place Splitters on the COSMICTM/MDF. CLEC
either may purchase Splitters or have Owest purchase the Splitters subject to full
reimbursement of the cost of the Splitters plus any pass through actual vendor invoice
costs, including but not limited to taxes, shipping and handling. The Splitters must meet
the requirements for Central Offce equipment Collocation set by the FCC. Owest wil be
responsible for installing and maintaining the Splitters, but CLEC wil lease the Splitters
to Owest at no cost. Owest may commingle the Splitter shelves of different CLECs in a
single relay rack or bay. Owest wil not be responsible for shortages of Splitters or
Owests inability to obtain Splitters from vendors, if acting as purchasing agent on behalf
of CLEC..8.2.9.2 Two (2) ITPs and four (4) tie cables wil be needed to connect the
Splitters to the Owest network. One (1) ITP wil carry both voice and data traffc from the
January 13, 2010/msd/lntrado/ID/CDS-100112-Q010
Qwest Fourteen State Negotiations Template, December 29, 2008 108
Section 8
Collocation
COSMICTM/MDF Loop termination, to an appropriate ICDF. From this frame, one (1) tie
cable wil carry both voice and data traffc to the Splitter. The voice and data traffic wil .
be separated at the Splitter, and the separated voice and data traffic wil be routed to the
ICDF via separate tie cables (Le., the second and third tie cables). At the ICDF, the data
traffic will be routed to CLEC's Collocation area via a fourth tie cable, and the voice
traffic wil be routed to the COSMICTM/MDF Switch termination, via a second ITP. CLEC
can also elect a direct connect option pursuant to Section 8.3.1.11.2.
8.2.9.3 Qwest wil provide the cabling used for tie cables between the Splitter and
the ICDF. The Splitter Tie Cable Connection Charge wil apply.
8.2.9.4 The Demarcation Point between Qwests network and CLEC's network
wil be at the place where the data Loop leaves the Splitter on its way to CLEC's
collocated equipment, or at the ICDF, where the data port is cabled to existing CLEC
Collocation tie cable.
8.2.9.5 New Splitter shelves may be ordered at the same time as a new
Collocation on a single Collocation Application form and a single order processing
charge wil apply. New Splitter shelves may be ordered with an existing Collocation by
submitting a new Collocation Application and the applicable fee. Standard intervals as
contained in Exhibit C wil apply.
8.2.9.6 Splitter Deployment
8.2.9.6.1 New applications for installation of Splitters wil be processed in
the manner outlned in the Collocation Section for Cageless Collocation.
8.2.9.6.2 CLEC may submit applications for additional DSO tie cable
terminations and/or reclassification to support UNE or other services. Qwest will
process any such applications for augmentation and/or reclassification of DSO tie
cable terminations under intervals as outlined below in this Section.
.
8.2.9.6.3 Augmentation intervals will be thirty (30) Days, subject to the
following terms and conditions identified below:
8.2.9.6.3.1 The interval for reclassification wil be fifteen (15)
Days, subject to the following terms and conditions. If the requested
reclassification engineering results in additional requirements for DSO tie
cable terminations or tie cable support, the interval wil default to thirty
(30) Days.
8.2.9.6.3.2 In the event CLEC, or Qwest acting as purchasing agent
for CLEC, is unable to procure any equipment needed to complete all
work required by applications submitted to Qwest by CLEC, including but
not limited to, Splitters or cabling, Qwest wil install the subject equipment
when it becomes available. If Qwest is acting as purchasing agent for
CLEC and is unable to procure equipment to complete all work in a timely
manner, CLEC may provide Qwest with the subject equipment. CLEC
wil be notified by Qwest of the required material on-site date for the
affected Wire Center(s) and CLEC wil have two (2) business days to
determine if it wil be able to provide the subject equipment in advance of .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 109
Section 8
Collocation.the material on-site date. If CLEC does not notify Qwest in writing of its
intent to provide the subject equipment within this two (2) business day
period, or if the subject equipment is not provided in a timely manner,
Qwest wil install the subject equipment when available.
8.3 Rate Elements
Rate elements for Collocation are included in Exhibit A.
8.3.1 Rate Elements. All Collocation
8.3.1.1 Qwest wil recover Collocation costs through both recurring and
nonrecurring charges. The charges are determined by the scope of work to be
performed based on the information provided by CLEC on the Collocation Application. A
quotation is then developed by Qwest for the work to be performed.
8.3.1.2 The following elements as specified in Exhibit A of this Agreement are
used to develop a price quotation in support of Collocation:
8.3.1.3 Quotation Preparation Fee. A non-refundable charge for the work
required to verify space and develop a price quotation for the total costs to CLEC for its
Collocation request.
.8.3.1.3.1 Planning and Engineering Fee. Cable Augment Quotation
Preparation Fee. A non-refundable nonrecurring charge for the work required to
plan, design, engineer, and develop a price quotation for the total costs to CLEC
for its Collocation request to augment existing terminations.
8.3.1.4 Collocation Entrance Facilty Charge. Provides for the fiber optic cable (in
increments of 12 fibers) from the C-POI utilizing Qwest owned, conventional single mode
type of fiber optic cable to the collocated equipment (for Virtual Collocation) or to the
leased space (for Caged or Cage less Physical Collocation). The Collocation Entrance
Facility includes manhole, conduiUinnerduct, placement of conduiUinnerduct, fiber cable,
fiber placement, splice case, a splice frame, fiber distribution panel, and relay rack.
Charges apply per fiber pair. Express Fiber Entrance Facility does not include fiber
cable, splice case, a splice frame or fiber distribution paneL. Microwave Entrance Facility
charges are addressed in 8.3.1.17.
.
8.3.1.5 Cable Splicing Charge. Represents the labor and equipment to perform a
subsequent splice to CLEC provided fiber optic cable after the initial installation splice.
Includes per-setup and per-fiber-spliced rate elements.
8.3.1.6 -48 Volt DC Power Usage Charge. Provides -48 volt DC power to CLEC
collocated equipment and is fused at one hundred twenty-five percent (125%) of the
request. The -48 volt DC Power Usage Charge applies to the quantity of -48 volt
capacity specified by CLEC'in its order on a per ampere (amp) basis. There is a one (1)
amp minimum charge for -48 volt DC power usage.
8.3.1.6.1 Optional -48 Volt DC Power Usage Charge is available for orders
of greater than sixt (60) amps. If CLEC orders Optional DC Power
Measurement, Qwest will initially apply the -48 Volt DC Power Usage Charge
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 110
Section 8
Collocation
from Exhibit A to the quantity of power ordered by CLEC. Qwest wil determine
the actual usage at the power board as described in Section 8.2.1.30. Qwest wil .
adjust the monthly usage rate based upon the actual usage on a going forward
basis. There is a one (1) amp minimum charge for -48 volt DC power usage.
8.3.1.6.2 Power Plant per Amp. Provides plant infrastructure to support the
-48 volt DC power to CLEC collocated equipment. Power plant is built to support
the amount of DC power usage ordered by CLEC and may be reduced with a
power reduction request.
8.3.1.7 AC Power Feed. Recovers the cost of providing for the engineering and
installation of wire, conduit and support, breakers and miscellaneous electrical
equipment necessary to provide the AC power, with generator backup, to CLEC's space.
The AC Power feed is optionaL. The AC Power Feed is available with single or triple
phase options. The AC Power Feed is rated on a per foot and per ampere basis.
8.3.1.8 Inspector Labor Charge. Provides for Qwest qualified personnel, acting
as an inspector, when CLEC requires access to the C-POI after the initial installation. A
call-out of an inspector after business hours is subject to a minimum charge of three (3)
hours. The minimum call-out charge shall apply when no other employee is present in
the location, and an 'off-shift' Qwest employee (or contract employee) is required to go
'on-shift' on behalf of CLEC.
8.3.1.9 Intentionally Left Blank.
8.3.1.10 Interconnection Tie Pairs (ITP) are described in the UNE Section, and .
apply for each Unbundled Network Element, ancilary service or Interconnection service
delivered to CLEC. The ITP provides the connection between the Unbundled Network
Element, ancilary service or Interconnection service and the Demarcation Point.
8.3.1.11 Collocation Terminations. Terminations are purchased by CLEC for the
purpose of accessing Unbundled Network Elements. These terminations may be
requested in Shared Access and Direct Connection Configurations.
8.3.1.11.1 Shared Access
8.3.1.11.1.1 In a Shared Access configuration, there are multiple
frames that could be designated as an ICDF or an appropriate
Demarcation Point including, but not limited to, the following:
a) Existing Interconnection Distributing Frame (ICDF)
b) Existing DSX Panels for DS1 and DS3 services
c) New Interconnection Distributing Frame
d) Existing Toll Frame
e) Fiber Distribution Panel
f)Existing Intermediate Frame .
January 13, 201 0/msdllntrado/lD/CDS-1 00112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 111
Section 8
Collocation.8.3.1.11.1.2 The ICDF is the test access point. It would not be
uncommon to find multiple service providers, including Qwest, on the
ICDF at anyone time. This element includes Qwests provided
termination blocks or panels and the associated cost for placement of the
blocks or panels. Cabling is also required and may be provided by CLEC
or at its request, Qwest wil provide cabling at an additional charge.
When Qwest provides the cabling, Collocation Block Termination rates
will apply as contained in Exhibit A of this Agreement. When CLEC
provides the cabling, Collocation Termination rates, on a per termination
basis, wil apply as contained in Exhibit A of this Agreement. When CLEC
provides and installs the tie cables, blocks and terminations on the ICDF,
no Collocation Termination rates wil apply.
8.3.1.11.2 Direct Connection
.
8.3.1.11.2.1 Direct Connection provides an uninterrupted path
from the Collocation space to an existing frame. This option wil
guarantee that there will not be an ICDF. The connection wil be
designed from the Collocation space to the same frame that Qwest uses
to connect to that specific service. For example, if CLEC wants to
connect directly from its Collocation space to a 911 router, the
infrastructure for the 911 trunks will terminate in a DS1 bay location with
the 911-router circuits. There are several options for the location of the
Demarcation Point. CLEC wil select its desired option via the Direct
Connection Collocation Application. If CLEC chooses a demarcation
inside the Collocation space, CLEC should order and install the
termination equipment itself. Demarcation equipment must be noted on
the order form so that a CLLI code and unique tie cable assignments can
be generated for systems flow through. If CLEC chooses a demarcation
outside its Collocation space, Qwest wil maintain and inventory this
device. Direct terminations may be ordered where frame space is
available. If frame space is exhausted the terminations may need to be
made at another frame. Upon completion of the pre-provisioning of the
Direct Connection, CLEC wil receive an Alternate Point of Termination
(APOT) form so that it may order Finished Services and UNEs. CLEC will
be responsible for augmenting terminations as required. The Direct
Connection APOT information must be provided on the ASR or LSR to
insure that the services are designed to the dedicated path.
8.3.1.11.2.2 CLEC's termination point wil require a CLLI code
(e.g., Frame Number) and the dedicated tie pairs will require a unique
name to enable automatic assignment through TIRKSTM and SWITCHTM
via Carrier Facilities Address (CFA) methods.
8.3.1.11.2.3 If CLEC wishes to arrange terminations on a 2-wire
POTS level cross connect device of the modular type, Le. COSMICTM
Hardware, standard-engineering principles wil apply. Provisioning
intervals and costs wil be customized and determined on an Individual
Case Basis (ICB). A five (5) year forecast including terminations per
quantities wil be required. MELDTM runs wil be required for the initial
COSMICTM plan and each subsequent block addition. To minimize.
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 112
Section 8
Collocation
CLEC's cost, to the extent feasible, Owest shall consolidate CLEC's
requirements with the requirements of Owest and other CLECsinto a .
single MELDTM run whenever feasible. Costs of such consolidated
MELDTM runs shall be prorated among the parties, including Owest.
Minimum installation requires at least one (1) block for every two (2)
outside plant modules. A one-half (Y:) shelf of block capacity must be
reserved for future block space.
8.3.1.11.2.4 Requests for terminations at a DSO, DS1, DS3 and
optical level (non-POTS) may also be made directly to the respective
frame or panel (Le., toll frame, DSX, FDP, etc.). Oirect Connections to
these frames do not require MELDTM runs and short jumper engineering
principals, as with the COSMICTM frame. However these connections will
require coordination between Owest and CLEC to ensure that the cable is
terminated in an existing frame with the service that CLEC is wishing to
connect with. Direct Connection is ordered via the supplemental
Collocation order form, Direct Connection (DC-POT). Timing, pricing and
feasibility wil be determined on the basis of a specific, in-depth building
analysis. Direct Connections are available where available frame space
permits. If frame space is exhausted, terminations may need to be made
at another frame. Space availability wil be determined during the
feasibility request phase of the order. Rates for Direct Connection
Terminations will be on an ICB basis using rates defined in Exhibit A.
8.3.1.11.3 Terminations must be purchased in the following increments:
DSO in blocks of one hundred (100) or per termination; DS1 in increments of .
twenty-eight (28) or per termination; and DS3 in increments of one (1) coaxial
cable termination or fiber in twelve (12) fiber strands (six (6) fiber pairs).
8.3.1.12 Security Charge. This charge applies to the keys/card and card readers
required for CLEC access to the Owest Premises for the purpose of Collocation. There
are two monthly recurring rate elements associated with Security Access. The first rate
element is per access card, per CLEC employee, per month. The second rate element
is the number of card accessible premises, per CLEC employee, per month, as included
in Exhibit A to this Agreement.
8.3.1.13 Composite Clock/Central Office Synchronization. Recovers the cost of
providing composite clock and/or DS1 synchronization signals traceable to a stratum
one source. CLEC must determine the synchronization requirements for CLEC's
equipment and notify Owest of these requirements when ordering the clock signals.
Central Office Synchronization is required for Virtual Collocation involving digital services
or connections. Synchronization may be required for analog services. Central Office
Synchronization is available where Owest Central Offices are equipped with Building
Integrated Timing Supply (BITS). The rate is applied on a per Port basis in accordance
with Exhibit A.
8.3.1.14 -48 Volt DC Power Cable Charge. Provides for the transmission of -48
volt DC power to the collocated equipment and is fused at one hundred twenty-five
percent (125%) of request. It includes engineering, furnishing and installng the main
distribution bay power breaker, associated power cable, cable rack and local power bay .
to the closest power distribution bay. It also includes the power cable (feeders) A and B
January 13, 2010/msd/lntradoIlD/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 113
Section 8
Collocation.from the local power distribution bay to the leased physical space (for Caged or
Cage less Physical Collocation) or to the collocated equipment (for Virtual Collocation). It
is charged per foot, per A and B feeder.
8.3.1.15 Space Availabilty Report Charge - Recovers the cost of preparing a
Space Availabilty Report in accordance with Section 8.2.1.9.1.
8.3.1.16 CLEC-to-CLEC Connection Charge. Recovers the cost of order
processing, design and engineering. Additional charges wil be assessed for Virtual
Collocation connections and cable holes, if applicable. There will be recurring charges
for cable racking.
8.3.1.17 Microwave Entrance Facility - The charges for Microwave Entrance
Facility include the recurring and nonrecurring charges associated with preliminary
rooftop engineering and survey analysis, Premises structural analysis and line of sight
feasibility, if performed by Qwest; space rental for the rooftop and existing antenna
support structure, cable racking, cable, building penetration for cable entry, and other
work as required.
.
8.3.1.18 Joint Testing Charges: The charges for Joint Testing are nonrecurring.
Set up and testing charges are based on the virtual collocation maintenance rate
specified in Exhibit A. The set up fee has a minimum of one (1) hour per joint testing
request at the specified Virtual Collocation maintenance rate, specified in Exhibit A, and
a per half-hour charge at the same rate for any time exceeding the one (1) hour for
testing. Qwest wil not charge for the Joint Testing based on the Joint Testing Qwest-
caused error rate as described in Section 8.2.1.31.3.
8.3.1.19 DC Power Reduction and Restoration Rates: CLEC wil be charged the
applicable nonrecurring Quote Preparation Fee (QPF) or Engineering and Design Fee to
perform the engineering and planning work to process the DC Power Reduction or DC
Power Restoration request per Collocation space. Nonrecurring charges associated
with the work required to reduce the fuse or breaker size, rewiring the power lead at the
power source or relocation of the power feed will be on an ICB basis. When power is
restored, nonrecurring charges wil be assessed on an ICB basis for the work required to
restore the power utilizing standard power rate elements for power usage, labor and
cabling charges. CLEC wil be charged a nonrecurring charge for moves between the
battery distribution fuse board and the power board (for location changes) necessary for
DC power reduction/restoration. A recurring power maintenance charge is associated
with the option to hold the power infrastructure for a secondary feed for potential future
use by CLEC. The recurring charge wil terminate on the date a restoration job
completes for the power feed or CLEC returns the fuse position to Qwest. If Qwest is
unable to provide the requested power restoration of the held feed(s) due to exhaustion
of power capacity, Qwest wil refund all Power Maintenance Charges collected since the
reservation was accepted.
.
8.3.1.20 Collocation Available Inventory Charges. For standard Qwest Postings of
Collocation Available Inventory, CLEC wil be charged the standard Collocation rates,
including the applicable QPF or Engineering and Planning Fee. CLEC wil also be
charged for removal of terminations. For Special Sites, assuming CLEC wil be charged
a Special Site Assessment Fee instead of the standard QPF, unless CLEC requests an
augment to the existing site in its initial Collocation Application, then the standard
January 13, 2010/msd/lntrado/1D/CDS-100112-o010
Qwest Fourteen State Negotiations Template, December 29, 2008 114
Section 8
Collocation
approved QPF wil be charged as defined in Exhibit A. CLEC ordering a Special Site, in .
addition to the standard Collocation rates, wil also be charged a nonrecurring Network
Systems Administration Fee for the systems and record updates required to transfer the
Collocation Site to assuming CLEC and, if a site survey is requested by CLEC, a Site
Survey Fee. Any CLEC equipment left in the site wil be transferred to assuming CLEC
at no charge. Recurring charges for all products and services wil be charged at rates
listed in assuming CLEC Interconnection Agreement without a discount.
8.3.1.21 Collocation Joint Inventory Visit Charges. The pricing for Joint Inventory
Visit is a state-specific, nonrecurring charge identified in Exhibit A.
8.3.1.22 Maintenance Labor. Provides for the labor necessary for repair of out of
service and/or service-affecting conditions and preventative maintenance of CLEC
collocated equipment. CLEC is responsible for ordering maintenance spares. Qwest
wil perform maintenance and/or repair work upon receipt of the replacement
maintenance spare and/or equipment from CLEC. A call-out of a maintenance
technician after business hours is subject to a minimum charge of three (3) hours.
8.3.1.23 Engineering Labor. Provides the planning and engineering of CLEC
collocated equipment at the time of installation, change or removaL.
8.3.1.24 Installation Labor. Provides for the installation, change or removal of
CLEC collocated equipment.
8.3.2 Rate Elements. Virtual Collocation
The following rate elements, as specified in Exhibit A, apply uniquely to Virtual Collocation..8.3.2.1 Maintenance Labor. Provides for the labor necessary for repair of out of
service and/or service-affecting conditions and preventative maintenance of CLEC
virtually collocated equipment. CLEC is responsible for ordering maintenance spares.
Qwest wil perform maintenance and/or repair work upon receipt of the replacement
maintenance spare and/or equipment from CLEC. A call-out of a maintenance
technician after business hours is subject to a minimum charge of three (3) hours.
8.3.2.2 Training Labor. Provides for the training of Qwest personnel on a
metropolitan service area basis provided by the vendor of CLEC's virtually collocated
equipment when that equipment is different from Qwest-provided equipment. Qwest wil
require three (3) Qwest employees to be trained per metropolitan service area in which
CLEC's virtually collocated equipment is located. If, by an act of Qwest, trained
employees are relocated, retired, or are no longer available, Qwest wil not require CLEC
to provide training for additional Qwest employees for the same virtually collocated
equipment in the same metropolitan area. Where more than one (1) CLEC in the same
metropolitan area selects the same virtually collocated equipment, the training costs
shall be prorated to each according to the number of CLECs so selecting.
8.3.2.3 Equipment Bay. Provides mounting space for CLEC virtually collocated
equipment. Each bay includes the seven (7) foot bay, its installation, and all necessary
environmental supports. Mounting space on the bay, including space for the fuse panel
and air gaps necessary for heat dissipation, is limited to seventy-eight (78) inches. The
monthly rate is applied per shelf. CLEC may request use of alternate bay heights of nine
(9) foot and eleven (11) foot six (6) inches, which wil be considered on an Individual .
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 115
Section 8
Collocation.Case Basis. No Equipment Bay Charge is assessed if CLEC provides its own
equipment bay.
8.3.2.4 Engineering Labor. Provides the planning and engineering of CLEC
virtually collocated equipment at the time of installation, change or removaL.
8.3.2.5 Installation Labor. Provides for the installation, change or removal of
CLEC virtually collocated equipment.
8.3.2.6 Floor Space Lease. Required for Virtual Collocation only in the instance
where CLEC provides its own equipment bay. This rate element provides the monthly
lease for the space occupied by CLEC-provided equipment bay, including property taxes
and base operating cost without -48 volt DC power. Includes convenience 110 AC, 15
amp electrical outlets provided in accordance with local codes and may not be used to
power transmission equipment or -48 volt DC power generating equipment. Also
includes maintenance for the leased space; provides for the preventative maintenance
(climate controls, filters, fire and life systems and alarms, mechanical systems, standard
HVAC); biweekly housekeeping services (sweeping, spot cleaning, trash removal) of
Qwest Premises areas surrounding CLEC-provided equipment bay and general repair
and maintenance. The Floor Space Lease includes required aisle space on each side of
CLEC-provided equipment bay.
.8.3.2.7 Space Construction. This rate element includes the material and labor to
construct and prepare the space, including all support structure, cable racking specific to
the bay site. It also includes air conditioning (to support CLEC loads specified), lighting
(not to exceed two (2) watts per square foot), and convenience outlets and the cost
associated with space engineering. These elements have recurring and nonrecurring
charges.
8.3.2.8 Cable Rack. This rate element includes the metal structure that holds
and routes cabling throughout the Qwest Central Offce that attaches to the bay specific
racking. This element has recurring and nonrecurring charges.
.
8.3.3 Rate Elements. Physical Collocation
8.3.3.1 Space Construction and Site Preparation. Includes the material and labor
to construct and prepare the space, including all support structure, cable racking and
lighting required to set up the space. It also includes air conditioning (to support CLEC
loads specified), lighting (not to exceed 2 watts per square foot), and convenience
outlets (3 per Caged or Cageless Collocation or number required by building code) and
the cost associated with space engineering. If a new line-up is established for Cage less
Collocation, an AC power outlet will be provided at every other bay in the line-up.
Cageless bays placed in existing line-ups wil use the existing outlets. For Caged
Collocation, it includes a nine (9) foot high cage enclosure. CLEC may choose from
Qwest approved contractors or may use another vendor of CLEC's own choosing,
subject to Qwests approval, which may not be unreasonably withheld, to construct the
space, including the cage in the case of Caged Collocation, in accordance with NEBS
Level 1 safety requirements. Pricing for the Space Construction and Site Preparation is
described in Exhibit A. In the case of Shared Collocation, Qwest may not increase the
cost of site preparation or nonrecurring charges above the TELRIC cost for Provisioning
such a cage of similar dimensions and material to a single collocating party, and Qwest
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 116
Section 8
Collocation
must prorate the charge for site conditioning and preparation by determining the total .
charge for site preparation and allocating that charge to CLEC based on the percentage
of the total space used by CLEC. Owest must in all cases of Shared space Collocation
allocate space preparation, conditioning, security measures and other Collocation
charges on a pro-rated basis to ensure that the charges paid by CLEC as a percentage
of the total overall space preparation and conditioning expenses do not exceed the
percentage of the total Collocation space used by CLEC.
8.3.3.1.1 Space Construction and Site Preparation Single Bay Credit. A
credit is applied to the standard two-bay Space Construction and Site
Preparation fee included in Exhibit A when CLEC requests a Cageless single-bay
configuration. The incremental material and labor costs to install a second bay
wil be credited.
8.3.3.1.2 Space Construction Fencing Credit. Credit that is applied when
. CLEC hires an outside company to install the cage fencing. If that option is
selected, CLEC will receive a recurring and nonrecurring charge credit for the
portion of the rate in Section 8.3.3.1 that covers Qwest-performed installation of
the fencing.
8.3.3.2 Floor Space Lease. Provides the monthly lease for the leased physical
space, property taxes and base operating cost without -48 volt DC power. Includes
convenience 110 AC, 15 amp electrical outlets provided in accordance with local codes
and may not be used to power transmission equipment or -48 volt DC power generating
equipment. Also includes maintenance for the leased space; provides for the
preventative maintenance (climate controls, filters, fire and life systems and alarms,
mechanical systems, standard HVAC); a pro-rata share of biweekly housekeeping
services (sweeping, spot cleaning, trash removal) of Owest Premises common areas
surrounding the leased physical space and general repair and maintenance. The Floor
Space Lease includes required aisle space on each side of the cage enclosure, as
applicable.
.
8.3.3.3 Intentionally Left Blank.
8.3.3.4 Collocation Grounding Charge for Caged Collocation. Used to connect
the Premises common ground to CLEC cage. Recurring and nonrecurring charges are
assessed per foot to CLEC's equipment.
8.3.3.5 Equipment Bay. Provides mounting space for CLEC collocated
equipment ina Cageless Collocation only. This charge includes the seven, nine, or
eleven foot bay, its installation, and all necessary environmental supports and end guard
costs. Mounting space on the bay, including space for the fuse panel and air gaps
necessary for heat dissipation, is limited to seventy-eight (78) inches.
8.3.3.6 Spacers: Provides for cost associated with procuring and installng
spacer and associated mounting brackets with the Equipment Bay described in 8.3.3.5
above. Spacer(s) wil be procured based on customer requested width and to match
existing office environment height.
8.3.4 Rate Elements. ICDF Collocation .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 117
Section 8
Collocation.8.3.4.1 Rate elements for ICDF Collocation include security, QPF, DSO circuit
legs, DS1 circuit legs, DS3 circuit legs, and fiber circuit legs. Circuit legs are defined as
termination blocks/panels and cables that are provisioned to meet CLEC's ICDF
Collocation needs. These rate elements and their associated charges are used to
develop a price quotation for the ICDF Collocation based on CLEC's Collocation
Application.
8.3.5 Rate Elements - Adjacent and Adjacent Remote Collocation
8.3.5.1 The charges for Adjacent and Adjacent Remote Collocation wil be
developed on an Individual Case Basis, except where the Commission finds that
standard pricing elements can be reasonably identified and their costs determined,
depending on the specific needs of CLEC and the unique nature of the available
adjacent space (e.g., existing structure or new structure to be constructed).
8.3.6 Rate Elements - Remote Collocation
8.3.6.1 Space Per Standard Mounting Unit - 1. 75 (one and seventy-five one
hundredths) vertical inches. This nonrecurring rate is associated with the cabinet space
and includes the cost of the cabinet and all of the work and materials associated with
placement of the cabinet. The recurring rate associated with the space covers
maintenance of the materials and equipment associated the cabinet as well as a portion
of the costs required for the power pedestaL..8.3.6.1.1 Feeder Distribution Interface (FDI) Terminations (per twenty-five
(25) pair). This nonrecurring rate includes costs associated with initial FDI
upgrade work required to provide the terminations requested at the FDI. The
recurring rate associated with the FDI covers maintenance of the cable between
the FDI and the remote collocation cabinet, as well as maintenance of the
terminations at the FDI. These charges wil apply for both DSO and DS1.
8.3.6.1.2 -48 Volt DC Power Usage Less Than or Equal to Sixty (60) Amps.
Provides -48 volt DC power to CLEC's collocated equipment and is fused at one
hundred twenty-five percent (125%) of the request. The -48 volt DC power
usage charge applies to the quantity of -48 volt capacity specified by CLEC in its
order on a per-ampere (amp) basis.
8.3.6.1.3 Quote Preparation Fee. A non-refundable nonrecurring charge for
the work required to plan, design, engineer, and develop a price quotation for
CLEC's Collocation request. .
8.3.6.2 Additional Virtual Remote Terminal Features. Work functions that may be
required in the installation or repair of the Virtual Remote Collocation.
8.3.6.2.1 Flat Charge, Per Job. Nonrecurring charge to recover service
order costs when an additional service order must be issued when necessary for
CLEC's additional request for installation and maintenance-related work.
.8.3.6.2.2 Engineering Rate. Provides the planning and engineering of
CLEC virtually remote collocated equipment at the time of installation, change or
removaL. Business hours are considered to be Monday through Friday, 8:00 am
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 118
Section 8
Collocation
to 5:00 pm (local time), and after business hours are after 5:00 pm and before ..
8:00 am (local time), Monday through Friday, all day Saturday, Sunday and
holidays
8.3.6.2.3 Installation. Provides for the installation, change or removal of
CLEC virtually remote collocated equipment.
8.3.6.2.4 Training. Provides for the training of Owest personnel on a
metropolitan service area basis provided by the vendor of CLEC's virtually
remote collocated, equipment when that equipment is different from Owest-
provided equipment.
8.3.7 Rate Elements - CLEC.to-CLEC Connections
8.3.7.1
8.3.1.16.
The charges for CLEC-to-CLEC Connections are addressed in Section
8.3.8 Rate Elements - Facilty Connected (FC) Collocation
8.3.8.1 Rate elements for Facility Connected (FC) Collocation include: OPF or
Planning and Engineering; copper entrance facility; fiber entrance facilty; termination
block with gas protectors; termination panel; and DS1 voltage isolation. Charges
associated with these rate elements are specified in Exhibit A of this Agreement. These
rate elements and their associated charges are used to develop a price quotation for FC
Collocation based on CLEC's FC Collocation Application and the type of Entrance
Facility requested.
8.3.9 Rate Elements - Splitter Collocation
8.3.9.1 Tie Cable Reclassification Charge - A nonrecurring charge wil apply,
based on time and materials for reclassification of existing tie cable capacity, by among
other things, reclassification of existing tie cables, frame re-stenciling, and any other
work performed between CLEC's Collocation and the Interconnection Distribution Frame
(ICDF) required to provision UNEs and other services.
8.3.9.2 Trouble Isolation Charge - A Miscellaneous Charge wil be applied for
trouble isolation in accordance with Maintenance and Repair processes set forth in the
Maintenance and Repair Section of this Agreement. Exhibit A includes charges for
Trouble isolation.
.
8.3.9.3 Additional Testing - CLEC may request Owest to perform additional
testing, and Owest may decide to perform the requested testing on a case-by-case
basis. A nonrecurring charge wil apply in accordance with Exhibit A.
8.3.9.4 Splitter Shelf Charge - This charge recovers installation and ongoing
maintenance associated with Splitter installation, bay installation, lighting costs, aerial
support structures and grounding charge for Splitters either in a bay, on the ICDF, or on
the MDF/COSMICTM. These are both recurring and nonrecurring charges.
8.3.9.5 Splitter Charge - A nonrecurring charge wil apply for the cost of each
Splitter purchased by Owest on behalf of CLEC. This charge wil cover the cost of the .
Splitter, plus any associated costs incurred by Owest to order the Splitter.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 119
Section 8
Collocation.8.3.9.6 Engineering - A nonrecurring charge wil apply for the planning and
engineering associated with placing Splitters in the Central Office, either in a bay, on the
ICDF, or on the MDF/COSMICTM.
8.3.9.7 Splitter Tie Cable Connections Charge - A nonrecurring charge wil apply
for the cost of each tie cable connected to the Splitters in three (3) different
configurations: common area; Collocation space; and Main Distribution Frame. This
charge wil cover both the tie cables and associated blocks per one hundred (100) pair
between the Splitter and the ICDF or Splitter bay.
8.3.9.8 The rates for each of the aforementioned split services rate elements are
set forth in Exhibit A to this Agreement.
8.4 Ordering
8.4.1 Ordering. All Collocation
8.4.1.1 CLEC must complete the requirements in the Implementation Schedule
Section of this Agreement before submitting a Collocation Application Form to Qwest.
8.4.1.1.1 Nothing in this Agreement shall be construed to preclude CLEC
from submitting an order for Collocation prior to CLEC's execution of this
Agreement. If, however, the Collocation interval is completed before this
Agreement or another interconnection agreement becomes effective, the rates,
terms, and conditions of this Agreement shall apply to such Collocation..8.4.1.2 Any material changes, modifications or additional engineering (Material
Changes) requested by CLEC, subsequent to its original Collocation order, as to the
type and quantity of equipment or other aspects of the original Collocation order, must
be submitted with a revised Collocation Application. For purposes of this section,
Material Changes are changes that would significantly impair Qwests ability to provision
the requested Collocation within the applicable intervals if the changes are provisioned
with the original Collocation order and would require Qwest to incur financial penalties
under the terms of this Agreement or other Applicable Law. Qwest shall determine the
additional time required to comply with CLEC's request for Material Changes (Additional
Time), and CLEC shall have the option of (a) having the request for Material Changes
implemented with the original Collocation order (within the original Provisioning intervals)
as extended by the Additional Time; or (b) having Qwest process and provision the
request as a subsequent construction activity or augmentation to the original Collocation
order. Any nonmaterial changes, modifications, or additional engineering requested by
CLEC, subsequent to its original Collocation order, may be submitted with a revised
Collocation Application or otherwise communicated to Qwest and shall be implemented
with the original Collocation order within the original applicable intervals.
.
8.4.1.3 There are three (3) primary steps in the ordering of Collocation - 1)
Forecasting, 2) Application, and 3) Acceptance of Quotation.
8.4.1.4 CLEC shall submit an annual forecast, updated at the end of each
quarter, of its future Collocation requirements. The quarterly forecast shall be reviewed
by CLEC and the Qwest account team. CLEC's forecast shall be considered accurate
for purposes of Collocation intervals if the subsequent Collocation Application correctly
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 120
Section 8
Collocation
identifies a) and e) below, and b) and c) below are within twenty percent (20%) of the
forecast. If at the time the Collocation Application is made the forecasted type of .
Collocation is not available, CLEC may specify a different type of Collocation without
affecting the Collocation intervals. The forecast shall include, for each Qwest Premises,
the following:
a) Identification of the Qwest Premises;
b) Floor space requirements, including the number of bays for a Cageless
Collocation arrangement;
c) Power requirements;
d) Heat Dissipation (optional);
e) Type of Collocation (e.g., Caged Physical, Cageless Physical, Shared,
ICDF, Virtual, etc.);
f) Intentionally Left Blank;
g) Entrance Facility Type (e.g., Express Fiber, Private Line);
h) Type and Quantity of Terminations (optional); and
i) Month or Quarter, during or after which CLEC expects to submit its
Collocation Application.
8.4.1.4.1 The following terms shall apply to the forecasting process:
CLEC forecasts shall be provided as detailed in Section
.
a)
8.4.1.4;
b) CLEC forecasts shall be Confidential Information and Qwest
may not distribute, disclose or reveal, in any form, CLEC forecasts other
than as allowed and described in subsections 5.16.9.1 and 5.16.9.2.
8.4.1.5 CLEC shall submit a Collocation Application to order Collocation at a
particular Qwest Premises. A Collocation Application shall be considered complete, if it
contains:
a) Identification of the Qwest Premises;
b) Floor space requirements, including the number of bays for a Cageless
Collocation arrangement;
c) Power requirements;
d) Heat dissipation;
e) Type of Collocation (e.g., Caged Physical, Cageless Physical, Shared,
Virtual, etc.);.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 121
Section 8
Collocation.f) Collocated equipment and technical equipment specifications
(manufacturer make, model no., functionality Le., cross connect, DLC, DSLAM,
transmission, Switch, etc., physical dimensions, quantity). (NOTE: Packet or
circuit switching equipment requires, in writing and attached to the Collocation
Application, how this equipment is necessary for access to UNEs or
Interconnection. A high level equipment interface or connectivity schematic for
the equipment should also be included.);
g) Entrance Facility type;
h) Type and quantity of terminations;
i) If desired, an alternate form of Collocation if the first choice is not
available; and
j) Biling contact.
.
8.4.1.5.1 Parties wil work cooperatively to ensure the accuracy of the
Collocation Application. If Qwest determines that the Collocation Application is
not complete, Qwest shall notify CLEC of any deficiencies within ten (10) Days
after receipt of the Collocation Application. Qwest shall provide sufficient detail
so that CLEC has a reasonable opportunity to cure each deficiency. To retain its
place in the Collocation queue for the requested Premises, CLEC must cure any
deficiencies in its Collocation Application and resubmit the Collocation
Application within ten (10) Days after being advised of the deficiencies.
8.4.1.6 Acceptance - After receipt of a Collocation Quotation Form from Qwest,
CLEC shall formally accept the quotation in order for Qwest to continue the processing
of the Collocation Application. A Collocation Acceptance shall be considered complete,
if it contains:
a) Signed Notification of Acceptance; and
b) Payment of fifty percent (50%) of quoted charges.
8.4.1.7 Collocation Space Reservation - allows CLEC to reserve space and
identify, to the extent available, infrastructure incidental to that space such as power and
HVAC, in a Qwest Premises for up to one (1) year for transmission equipment (ATM and
DSLAM), three (3) years for circuit switching equipment, and five (5) years for power
equipment. CLEC may reserve space in a particular Qwest Premises through the
Collocation Space Reservation Application Form. Requests for contiguous space wil be
honored, if available.
8.4.1.7.1 Collocation Space Reservation Application - Upon receipt of the
Collocation Space Reservation Application Form, Qwest wil provide space
feasibility within ten (10) Days.
.8.4.1.7.2 Collocation Space Reservation Quotation - If space is available,
Qwest wil provide a specific price quotation based on the requested Collocation
requirements described on the Collocation Space Reservation Application Form.
The quotation and a Billng invoice for twenty-five percent (25%) payment of
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 122
Section 8
Collocation
nonrecurring charges will be sent to CLEC within twenty-five (25) Days from the
Collocation Space Reservation Application receipt. .
8.4.1.7.2.1 Collocation Space Reservation Acceptance. CLEC
must electronically submit Acceptance or non-Acceptance of the
quotation within seven (7) Days of receipt of the quotation. If CLEC
submits the Acceptance between eight (8) and thirty (30) Days of receipt
of the quotation, Owest wil honor the reservation upon receipt of the
payment only if Owest does not receive a competing request for the same
space from another CLEC. Owest will not honor reservations if CLEC
submits the Acceptance more than thirty (30) Days after receipt of the
quotation.
8.4.1.7.3 Upon receipt of the twenty-five percent (25%) payment, Owest
wil reserve the space on behalf of CLEC in accordance with the Collocation
Space Reservation Application and take the necessary steps to ensure the
availability of power, HVAC and other components reflected on the Collocation
Space Reservation Application. Owest wil hold the reservation for the applicable
reservation period after the twenty-five percent (25%) payment. This payment
wil be applied to the subsequent Collocation Application.
8.4.1.7.4 CLEC may cancel the reservation at any time during the
applicable reservation period. Upon notification of the cancellation, Owest wil
refund a prorated portion of the twenty-five percent (25%) payment as follows:
a) Cancellation notification within ninety (90) Days from receipt of wire .
transfer, seventy-five percent (75%) of the initial down payment wil be
returned to CLEC.
b) Cancellation notification within ninety-one (91) and one hundred and
eighty (180) Days from receipt of wire transfer, fifty percent (50%) of the
initial down payment wil be returned to CLEC.
c) Cancellation notification within one hundred and eighty-one (181) and
two hundred and seventy (270) Days from receipt of wire transfer, twenty-
five percent (25%) of the initial down payment wil be returned to CLEC.
d) Cancellation notification after two hundred and seventy (270) Days
from receipt of wire transfer, zero percent (0%) of the initial down
payment wil be returned to CLEC.
8.4.1.8 Collocation Space Option
8.4.1.8.1 CLEC, Owest and Owest Affiliates may option space in Owest
Wire Center Premises in accordance with the terms of this Section 8.4.1.8 for the
following equipment and time periods:
a) Transmission equipment - one (1) year
b) Circuit switching equipment - three (3) years .
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 123
Section 8
Collocation.c) Power plants - five (5) years
8.4.1.8.2 Optioned space is offered to CLECs for Caged, Cageless, and
Virtual Collocation. To promote fairness and prevent warehousing, the following
limits apply:
a) The Party requesting the option may specify the amount of
space to be optioned but not a specific location within the Wire Center.
CLEC may also request. space be contiguous to its existing Collocation
space.
b) A requesting CLEC may option one (1) Collocation space per
Wire Center.
c) The maximum amount of space per Wire Center to be
optioned is:
- two hundred (200) square feet for Caged Collocation
- four (4) bays for Cageless and Virtual Collocation
.
8.4.1.8.3 The Collocation Space Option Application form will be
processed upon receipt of a properly completed request. Such form shall be
considered properly completed if it contains identifying information of CLEC, the
applicable Owest Premises, the amount of Collocation space sought, the type of
Collocation (Caged, Cageless, Virtual) and the type of equipment (from the
categories identified in Section 8.4.1.8.1) for which the option is being sought.
CLEC must have met all past and present undisputed financial obligations to
Owest. Upon receipt of the Collocation Space Option Application form, Owest
wil confirm in writing, within ten (10) Days, the availabilty of, and price quotation
(the "Option Fee") for the Optioned space. If space is not available, Owest wil
deny the request.
8.4.1.8.4 CLEC must submit Acceptance with full payment of the
nonrecurring portion of the Option Fee, or acknowledge non-Acceptance of the
quoted Option Fee, within seven (7) Days of receipt of the quotation. When
Owest takes an option on space for itself, Owest shall impute an amount equal to
the Option Fee to the appropriate operations for which the optioned space
applies. The option quotation expires seven (7) Days after delivery to CLEC.
8.4.1.8.5 Upon receipt of Acceptance and full payment of the nonrecurring
portion of the Option Fee, Owest will option the space on behalf of CLEC
including the contiguous space requests if available (or itself if appropriate) and
the option time frame wil begin. The prioritization of optioning will be based
upon the date and time of the Acceptance. The earlier in time an Acceptance is
received by Owest, the higher in priority is such option. The option is limited to
space only and does not include other elements required to provision the
Collocation..8.4.1.8.6 In order for an option request to avoid expiration, CLEC must:
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 124
Section 8
Collocation
a)
or
Submit a Collocation Application during the option time frame;.
b) The option may be renewed if a Collocation Space Option
Application. is received at least ten (10) Days prior to the expiration of the
term of the existing option. The priority of a renewed option is determined
by the date CLEC accepts the quotation from Owest on CLEC's renewal
application.
8.4.1.8.7 First Right of Refusal - If Owest receives a valid Collocation
Application (CLEC A is the requesting party) for a Owest Wire Center in which all
available space has been occupied or optioned, the following provisions for First
Right of Refusal wil apply:
8.4.1.8.7.1 All Owest out of space reporting requirements apply
to the Collocation Application (Sections 8.2.1.11 and 8.2.1.12). In
addition, Owest wil provide CLEC A with option space information (e.g.,
Caged and Cageless optioned space) that may fulfil the requirements of
CLEC A's Collocation Application. At CLEC A's request, Owest will
initiate the option enforcement notice process by notifying the option party
or parties with the most recent space option( s) that meets the
requirements of CLEC A's Collocation Application.
8.4.1.8.7.2 The option enforcement notice serves as notification
to the option party that Owest is in possession of a valid Collocation
Application, and calls for the option party to exercise its Right of First .
Refusal, or relinquish its space option. The option party may exercise its
Right of First Refusal by submitting either a Collocation Application as set
forth in Section 8.4.1.5, or by submitting the Collocation Space
Reservation Application set forth in Section 8.4.1.7, within ten (10) Days
of receipt of the option enforcement notice. This process continues for all
optioned space until all optioned space is exercised or optioned space is
relinquished (affrmatively by CLEC or upon expiration of the notice
period, whichever is earlier) to fulfil the Collocation Application. Once
optioned space has been relinquished for use to fulfil the Collocation
Application, the standard ordering terms and conditions for Collocation
shall apply.
8.4.1.8.7.3 Where contiguous space has been optioned, Owest
will make its best effort to notify CLEC if Owest, its Affiliates or other
CLECs require the use of CLEC's contiguous space. Upon notification,
CLEC wil have seven (7) Days to indicate its intent to submit a
Collocation Application or Collocation Reservation. CLEC may choose to
terminate the contiguous space option or continue without the contiguous
provision.
8.4.1.8.7.4 The rate elements for the Collocation Space Option
are comprised of the following:
a) Space Option Administration Fee is a nonrecurring
fee for all Collocation Space Option requests and covers the .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 125
Section 8
Collocation.processing of application, feasibility, common space engineering,
records management, and administration of the First Right of
Refusal process.
.
b) Space Option Fee is a monthly recurring fee that wil
be charged based upon the amount of space being optioned, at
two dollars ($2) per square foot per month.
8.4.1.8.8 In the event that the option party proceeds with a Collocation
Application for optioned space, all payments made pursuant to Section
8.4.1.8.7.4(b) above shall be applied to such Collocation Application.
8.4.1.9 The intervals for Virtual Collocation (Section 8.4.2), Physical Collocation
(Section 8.4.3), and ICDF Collocation (Section 8.4.4) apply to a maximum of five (5)
Collocation Applications per CLEC per week per state. If six (6) or more Collocation
Applications are submitted by GLEC in a one (1) week period in the state, intervals shall
be individually negotiated. Qwest shall, however, accept more than five (5) Collocation
Applications from CLEC per week per state, depending on the volume of Collocation
Applications pending from other CLECs.
8.4.2 Ordering. Virtual Collocation
8.4.2.1 Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.1.5, Qwest wil perform a feasibility study to determine if
adequate space, power and HVAC can be found for the placement of CLEC's equipment
within the Premises. The feasibilty study wil be provided within ten (10) Days of receipt
of a complete Collocation Application. As part of the feasibility study, Qwest wil also
notify CLEC of any known circumstance that may delay delivery of the ordered
Collocation space and related facilities.
8.4.2.1.1 If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) Days of the
Collocation Application. Qwest shall provide sufficient detail so that CLEC has a
reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises, CLEC must cure any deficiencies
in its Collocation Application and resubmit the Collocation Application within ten
(10) Days after being advised of the deficiencies.
8.4.2.2 Quotation - If Collocation Entrance Facilities and space are available,
Qwest will develop a price quotation within twenty-five (25) Days of completion of the
feasibility study. Subsequent requests to augment an existing Collocation also require
receipt of a Collocation Application. Adding plug-ins, e.g., DS1 or DS3 cards to existing
virtually collocated equipment, wil be processed and provisioned within ten (10)
business days. Virtual Collocation price quotations wil be honored for thirt (30) Days
from the date the quotation is provided. During this period the Collocation Entrance
Facility and space are reserved pending CLEC's Acceptance of the quoted charges.
8.4.2.3 Acceptance -- Upon receipt of complete Collocation Acceptance, as
described in 8.4.1.6, space wil be reserved and construction by Qwest wil begin..8.4.2.4 Interval - The interval for Virtual Collocation shall vary depending upon
January 13, 201 0/msd/lntrado/lD/CDS-1 00112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 126
Section 8
Collocation
four (4) factors: 1) whether the request was forecasted in accordance with Section
8.4.1.4 or the space was reserved, in accordance with Section 8.4.1.7; 2) whether CLEC .
provides its Acceptance within seven (7) Days receipt of the quotation; 3) whether CLEC
delivers its collocated equipment to Qwest in a timely manner, which shall mean within
fifty-three (53) Days of the receipt of the complete Collocation Application; and 4)
whether the Collocation Application requires major infrastructure additions or
modifications. The installation of line cards and other minor modifications shall be
performed by Qwest on shorter intervals and in no instance shall any such interval
exceed thirty (30) Days. When Qwest is permitted to complete a Collocation installation
in an interval that is longer than the standard intervals set forth below, Qwest shall use
its best efforts to minimize the extension of the intervals beyond such standard intervals.
8.4.2.4.1 Forecasted Applications with Timely Acceptance - If a
Collocation Application is included in CLEC's forecast at least sixty (60) Days
prior to submission of the Collocation Application, and if CLEC provides a
complete Acceptance within seven (7) Days of receipt of the Qwest Collocation
quotation, and if all of CLEC's equipment is available at the Qwest Premises no
later than fifty-three (53) Days after receipt of the complete Collocation
Application, Qwest shall complete its installation of the Collocation arrangement
within ninety (90) Days of the receipt of the complete Collocation Application. If
CLEC's equipment is not delivered to Qwest within fifty-three (53) Days after
receipt of the complete Collocation Application, Qwest shall complete the
Collocation installation within forty-five (45) Days of the receipt of all of CLEC's
equipment.
8.4.2.4.2 Forecasted Applications with Late Acceptance - If a Premises is
included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance more than
seven (7) Days but less than thirty (30) Days after receipt of the Qwest
Collocation quotation, and if all of CLEC's equipment is available at the Qwest
Premises no later than fifty-three (53) Days after receipt of the complete
Collocation Acceptance, Qwest shall complete its installation of the Collocation
arrangement within ninety (90) Days of the receipt of the complete Collocation
Acceptance. If CLEC's equipment is not delivered to Qwest within fifty-three (53)
Days after receipt of the complete Collocation Acceptance, Qwest shall complete
the Collocation installation within forty-five (45) Days of the receipt of all of
CLEC's equipment. If CLEC submits its Acceptance more than thirty (30) Days
after receipt of the Qwest quotation, the Collocation Application shall be
resubmitted by CLEC.
8.4.2.4.3 Unforecasted Applications with Timely Acceptance - If a
Premises is not included in CLEC's forecast at least sixty (60) Days prior to
submission of the Collocation Application, and if CLEC provides a complete
Acceptance within seven (7) Days of receipt of the Qwest Collocation quotation,
and if all of CLEC's equipment is available at the Qwest Premises no later than
fifty-three (53) Days after receipt of the complete Collocation Application, Qwest
shall complete its installation of the Collocation arrangement within one hundred
and twenty (120) Days of the receipt of the complete Collocation Application. If
CLEC's equipment is not delivered to Qwest within fifty-three (53) Days after
receipt of the complete Collocation Application, Qwest shall complete the
Collocation installation within seventy-five (75) Days of the receipt of all of
January 13, 2010/msd/lntrado/lDlCDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 127
.
.
Section 8
Collocation.CLEC's equipment.
.
8.4.2.4.4 Unforecasted Applications with Late Acceptance - If a Premises
is not included in CLEC's forecast at least sixty (60) Days prior to submission of
the Collocation Application, and if CLEC provides a complete Acceptance more
than seven (7) Days but less than thirty (30) Days after receipt of the Qwest
Collocation quotation, and if all of CLEC's equipment is available at the Qwest
Premises no later than fifty-three (53) Days after receipt of the complete
Collocation Acceptance, Qwest shall complete its installation of the Collocation
arrangement within one hundred and twenty (120) Days of the receipt of the
complete Collocation Acceptance. If CLEC's equipment is not delivered to Qwest
within fifty-three (53) Days after receipt of the complete Collocation Acceptance,
Qwest shall complete the Collocation installation within seventy-five (75) Days of
the receipt of all of CLEC's equipment.
8.4.2.4.5 Intervals for Major Infrastructure Modifications Where No
Forecast is Provided - An unforecasted Collocation Application may require
Qwest to complete major infrastructure modifications to accommodate CLEC's
specific requirements. Major infrastructure modifications that may be required
include conditioning space, permits, DC power plant, standby generators,
heating, venting or air conditioning equipment. The installation intervals in
Sections 8.4.2.4.3 through 8.4.2.4.4 may be extended, if required, to
accommodate major infrastructure modifications. When major infrastructure
modifications as described above are required, and if all of CLEC's equipment is
available at the Qwest Premises no later than fifty-three (53) Days after receipt of
the complete Collocation Application, Qwest shall propose to complete its
installation of the Collocation arrangement within an interval of no more than one
hundred and fifty (150) Days after receipt of the complete Collocation Application.
The need for, and the duration of, an extended interval shall be provided to
CLEC as a part of the quotation. CLEC may dispute the need for, and the
duration of, an extended interval, in which case Qwest must request a waiver
from the Commission to obtain an extended intervaL.
8.4.2.46 Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space. - If CLEC's forecast or reservation triggers the
need for an infrastructure modification, Qwest shall take the steps necessary to
ensure that it wil meet the intervals set forth in Sections 8.4.2.4.1 and 8.4.2.4.2
when CLEC submits a Collocation Application. If not withstanding these efforts,
Qwest is unable to meet the interval and cannot reach agreement with CLEC for
an extended interval, Qwest may seek a waiver from the Commission to obtain
an extended intervaL.
8.4.3 Ordering. Caged and Cageless Physical Collocation
.
8.4.3.1 Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.1.5 Qwest wil perform a feasibility study to determine if
adequate space, power, and HVAC can be found for the placement and operation of
CLEC's equipment within the Premises. The feasibility study wil be provided within ten
(10) Days from date of receipt of a complete Collocation Application. As part of the
feasibility study, Qwest wil also notify CLEC of any known circumstance that may delay
delivery of the ordered Collocation space and related facilities.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 128
Section 8
Collocation
8.4.3.1.1 If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) Days of the .
Collocation Application. Qwest shall provide sufficient detail so that CLEC has a
reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises, CLEC must cure any deficiencies
in its Collocation Application and resubmit the Collocation Application within ten
(10) Days after being advised of the deficiencies.
8.4.3.2 Quotation -- If Collocation Entrance Facilities and space are available,
Qwest wil develop a quotation for the supporting structure. Qwest wil complete the
quotation no later than twenty-five (25) Days of providing the feasibility study. Physical
Collocation price quotations wil be honored for thirty (30) Days from the date the
quotation is provided. During this period, the Collocation Entrance Facility and space is
reserved pending CLEC's Acceptance of the quoted charges.
8.4.3.3 Acceptance -- Upon receipt of a complete Collocation Acceptance, as
described in Section 8.4.1.6 space wil be reserved and construction by Qwest will begin.
8.4.3.4 Interval - The interval for Physical Collocation shall vary depending upon
three (3) factors: 1) whether the request was forecasted in accordance with Section
8.4.1.4 or the space was reserved, in accordance with Section 8.4.1.7; 2) whether CLEC
provides its Acceptance within seven (7) Days of receipt of the quotation; and 3) whether
the Collocation Application requires major infrastructure additions or modifications.
When Qwest is permitted to complete a Collocation installation in an interval that is
longer than the standard intervals set forth below, Qwest shall use its best efforts to
minimize the extension of the intervals beyond such standard intervals..
8.4.3.4.1 Forecasted Applications with Timely Acceptance - If a Premises
is included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance within
seven (7) Days of receipt of the Qwest Collocation quotation, Qwest shall
complete its installation of the Collocation arrangement within ninety (90) Days of
the receipt of the complete Collocation Application.
8.4.3.4.2 Forecasted Applications with Late Acceptance - If a Premises is
included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance more than
seven (7) Days but less than thirty (30) Days after receipt of the Qwest
Collocation quotation, Qwest shall complete its installation of the Collocation
arrangement within ninety (90) Days of the receipt of the complete Collocation
Acceptance. If CLEC submits its Acceptance more than thirty (30) Days after
receipt of the Qwest quotation, a new Collocation Application shall be
resubmitted by CLEC.
8.4.3.4.3 Unforecasted Applications with Timely Acceptance - If a
Premises is not included in CLEC's forecast at least sixty (60) Days prior to
submission of the Collocation Application, and if CLEC provides a complete
Acceptance within seven (7) Days after receipt of the Qwest Collocation
quotation, Qwest shall complete its installation of the Collocation arrangement
within one hundred and twenty (120) Days of the receipt of the complete .
Collocation Application.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 129
Section 8
Collocation.8.4.3.4.4 Unforecasted Applications with Late Acceptance - If a Premises
is not included in CLEC's forecast at least sixty (60) Days prior to submission of
the Collocation Application and if CLEC provides a complete Acceptance more
than seven (7) Days but less than thirty (30) Days after receipt of the Qwest
Collocation quotation, Qwest shall complete its installation of the Collocation
arrangement within one hundred and twenty (120) Days of the receipt of the
complete Collocation Acceptance.
8.4.3.4.5 Intervals for Major Infrastructure Modifications Where No
Forecast is Provided - An unforecasted Collocation Application may require
Qwest to complete major infrastructure modifications to accommodate CLEC's
specific requirements. Major infrastructure modifications that may be required
include conditioning space, permits, DC power plant, standby generators,
heating, venting or air conditioning equipment. The installation intervals in
Sections 8.4.3.4.3 through 8.4.3.4.4 may be extended, if required, to
accommodate major infrastructure modifications. When major infrastructure
modifications as described above are required, Qwest shall propose to complete
its installation of the Collocation arrangement within an interval of no more than
one hundred and fifty (150) Days after receipt of the complete Collocation
Application. The need for, and the duration of, an extended interval shall be
provided to CLEC as a part of the quotation. CLEC may dispute the need for,
and the duration of, an extended interval, in which case Qwest must request a
waiver from the Commission to obtain an extended intervaL..8.4.3.4.6 Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space. If CLEC's forecast or reservation triggers the
need for an infrastructure modification, Qwest shall take the steps necessary to
ensure that it will meet the intervals set forth in Sections 8.4.3.4.1 and 8.4.3.4.2
when CLEC submits a Collocation Application. If not withstanding these efforts,
Qwest is unable to meet the interval and cannot reach agreement with CLEC for
an extended interval, Qwest may seek a waiver from the Commission to obtain
an extended intervaL.
8.4.4 Ordering. Interconnection Distribution Frame (ICDF) Collocation
8.4.4.1 Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.1.5, Qwest wil perform a feasibility study to determine if
adequate space can be found for the placement and operation of CLEC's terminations
within the Wire Center. The feasibility study wil be provided within ten (10) Days from
date of receipt of a complete Collocation Application. As part of the feasibility study,
Qwest wil also notify CLEC of any known circumstance that may delay delivery of the
ordered Collocation space and related facilities. CLEC may submit an ICDF forecast in
accordance with Section 8.4.1.4. The forecast shall include demand by DSO, DS1 and
DS3 capacities that wil be terminated on the Interconnection Distribution Frame by
Qwest on behalf of CLEC. Such forecasts shall be used by Qwest to determine the
sizing of required tie cables and the terminations on each Interconnection Distribution
Frame as well as the various other frames within the Qwest Wire Center.
.8.4.4.1.1 If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) Days of the
Collocation Application. Qwest shall provide sufficient detail so that CLEC has a
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 130
Section 8
Collocation
reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises, GLEC must cure any deficiencies .
in its Collocation Application and resubmit the Collocation Application within ten
(10) Days after being advised of the deficiencies.
8.4.4.2 Quotation -- If space is available, Qwest wil develop a quotation for the
supporting structure. Qwest wil complete the quotation no later than twenty-five (25)
Days of providing the feasibility study. ICDF Collocation price quotations will be honored
for thirty (30) Days from the date the quotation is provided. During this period, the space
is reserved pending CLEC's Acceptance of the quoted charges.
8.4.4.3 Acceptance -- Upon receipt of a complete Collocation Acceptance, as
described in Section 8.4.1.6, space wil be reserved and construction by Qwest will
begin.
8.4.4.4 Interval - The interval for ICDF Collocation shall vary depending upon two
(2) factors - 1) whether the request was forecasted in accordance with 8.4.1.4 or the
space was reserved, in accordance with Section 8.4.1.7 and 2) whether CLEC provides
its Acceptance within seven (7) Days of the quotation. When Qwest is permitted to
complete a Collocation installation in an interval that is longer than the standard intervals
set forth below, Qwest shall use its best efforts to minimize the extension of the intervals
beyond such standard intervals.
8.4.4.4.1 Forecasted Applications with Timely Acceptance - If a Premises
is included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance within .
seven (7) Days of receipt of the Qwest Collocation quotation, Qwest shall
complete its installation of the Collocation arrangement within forty-five (45) Days
of the receipt of the complete Collocation Application.
8.4.4.4.2 Forecasted Applications with Late Acceptance - If a Premises is
included in CLEC's forecast at least sixty (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance more than
seven (7) Days but less than thirty (30) Days after receipt of the Qwest
Collocation quotation, Qwest shall complete its installation of the Collocation
arrangement within forty-five (45) Days of the receipt of the complete Collocation
Acceptance. If CLEC submits its Acceptance more than thirty (30) days after
receipt of the Qwest quotation, the Collocation Application shall be resubmitted
byCLEC.
8.4.4.4.3 Unforecasted Applications with Timely Acceptance - If a
Premises is not included in CLEC's forecast at least sixty (60) Days prior to
submission of the Collocation Application, and if CLEC provides a complete
Acceptance within seven (7) Days after receipt of the Qwest Collocation
quotation, Qwest shall complete its installation of the Collocation arrangement
within ninety (90) Days of the receipt of the complete Collocation Application.
This interval may be lengthened if space must be reclaimed or reconditioned.
The need for an extended interval shall be provided to CLEC as a part of the
quotation. CLEC may dispute the need for an extended interval, in which case
Qwest must request a waiver from the Commission..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 131
Section 8
Collocation.8.4.4.4.4 Unforecasted Applications with Late Acceptance - If a Premises
is not included in CLEC's forecast at least sixty (60) Days prior to submission of
the Collocation Application and if CLEC provides a complete Acceptance more
than seven (7) Days but less than thirty (30) Days after receipt of the Owest
Collocation quotation, Owest shall complete its installation of the Collocation
arrangement within ninety (90) Days of the receipt of the complete Collocation
Acceptance. This interval may be lengthened if space must be reclaimed or
reconditioned. The need for an extended interval shall be provided to CLEC as a
part of the quotation. CLEC may dispute the need for an extended interval, in
which case Owest must request a waiver from the Commission.
.
8.4.5 Ordering - Adjacent Collocation
8.4.5.1 If space for Physical Collocation in a particular Owest Premises is not
available at the time of CLEC's request, CLEC may request Owest to conduct a
feasibility study for Adjacent Collocation for that Premises site. Owest recommends that
Owest and CLEC conduct a joint site visit of such Premises to determine if suitable
arrangements can be provided on Owests property. Owest will make available, within
ten (10) business days, drawings of the Owest physical structures above and below
ground for the requested Adjacent Collocation site.
8.4.5.2 If a new structure is to be constructed, the interval shall be developed on
an Individual Case Basis, to account for the granting of permits or Rights of Way (ROW),
if required, the provision of Collocation services by Owest, in accordance with CLEC's
Collocation Application, and the construction by CLEC of the adjacent structure. If
CLEC disputes the interval proposed by Owest, Owest must promptly petition the
Commission for approval of such disputed intervaL.
8.4.5.3 If Adjacent Collocation is provided within an existing Owest Premises, the
ordering procedures and intervals for Physical Collocation shall apply.
8.4.6 Ordering - Remote Collocation and Adjacent Remote Collocation
8.4.6.1 The ordering procedures and intervals for Physical Collocation or Virtual
Collocation shall apply to Remote Collocation, and to Adjacent Remote Collocation
provided within an existing Owest Premises, except Sections 8.4.3.4.3 and 8.4.3.4.4.
Remote Collocation and Adjacent Remote Collocation are ordered using the Remote
Collocation Application Form.
.
8.4.6.2 If space for Physical Collocation or Virtual Collocation in a particular
Owest Remote Premises is not available at the time of CLEC's request, CLEC may order
Adjacent Remote Collocation using the ordering procedures described above for
Adjacent Collocation in Sections 8.4.5.1 and 8.4.5.2.
8.4.7 Ordering - CLEC to CLEC Connections
8.4.7.1 Application -- Upon receipt of the applicable portions of a complete
Collocation Application as described in Section 8.4.1.5 (Subsections a, e, hand j).
Owest wil perform a feasibility study to determine if adequate cable racking can be
found for the placement of CLEC's copper, coax, or fiber optic cable, or any other
Technically Feasible method used to interconnect CLEC's collocated equipment that is
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
QwestFourteen State Negotiations Template, December 29,2008 132
Section 8
Collocation
in separate locations in the same Qwest Premises, or to another CLEC's equipment in
the same Premises. The feasibilty study wil be provided within ten (10) Days from date .
of receipt of a complete Collocation Application.
8.4.7.1.1 If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) Days of the
Collocation Application. Qwest shall provide sufficient detail so that CLEC has a
reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises, CLEC must cure any deficiencies
in its Collocation Application and resubmit the Collocation Application within ten
(10) Days after being advised of the deficiencies.
8.4.7.2 Quotation -- If existing cable racking is available, Qwest wil provide
CLEC with a quotation and the specific cable rack route to CLEC with the feasibility
study. If additional cable racking is required to accommodate CLEC's request, Qwest
shall provide a feasibility and quotation to CLEC no later than ten (10) Days of receipt of
Collocation Application. CLEC-to-CLEC Connection quotations will be honored for thirty
(30) Days from the date the quotation is provided. During this period, the space is
reserved pending CLEC's Acceptance of the quoted charges.
8.4.7.3 Acceptance -- There are two (2) forms of Acceptance for CLEC-to-CLEC
Connections:
8.4.7.3.1 CLEC-to-CLEC connections with existing cable rack. - CLEC
must submit payment of one hundred percent (100%) of the quoted nonrecurring
charges with its Acceptance. Upon receipt of a complete Collocation .
Acceptance, CLEC may begin placement of its copper, coax, or fiber cables
along the Qwest designated cable rack route. Recurring charges will begin with
CLEC Acceptance.
8.4.7.3.2 CLEC-to-CLEC Connections using new cable rack. - Upon
receipt of a complete Acceptance from CLEC, as described in Section 8.4.1.6,
Qwest wil begin construction of the new cable rack.
8.4.7.4 Interval - Pursuant to Section 8.4.7.3.2, the construction interval for
CLEC-to-CLEC Connections requiring the construction of new cable rack by Qwest shall
be within sixty (60) Days of the receipt of the complete Collocation Acceptance. If CLEC
submits its Acceptance more than thirty (30) Days after receipt .of the Qwest quotation,
the Collocation Application shall be resubmitted by CLEC.
.
January 13, 2010/msdllntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 133
Section 8
Collocation.8.4.8 Ordering - Direct Connections
8.4.8.1 Application - Where Direct Connection is requested in a Wire Center
where CLEC already has established Collocation, upon receipt of the applicable portions
of a complete Collocation Application as described in Section 8.4.1.5 (Subsections a, e,
hand D, Owest wil perform a feasibility study to determine if adequate cable racking can
be found for the placement of copper, coax, or fiber optic cable, or any other Technically
Feasible method, used for Direct Connection (as described in Section 8.3.1.11.2). The
feasibility study wil be provided within ten (10) Days from date of receipt of a complete
Collocation Application.
.
8.4.8.1.1 If Owest determines that the Collocation Application is not
complete, Owest shall notify CLEC of any deficiencies within ten (10) Days òf the
Collocation Application. Owest shall provide sufficient detail so that CLEC has a
reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises, CLEC must cure any deficiencies
in its Collocation Application and resubmit the Collocation Application within ten
(10) Days after being advised of the deficiencies.
8.4.8.2 Ouotation - If existing cable racking is available, Owest wil provide CLEC
with a quotation and the specific cable rack route with the feasibility study. If additional
cable racking is required to accommodate CLEC's request, Owest shall provide a
quotation to CLEC no later than ten (10) Days after receipt of a complete Collocation
Application. Direct Connection quotations will be honored for thirty (30) Days from the
date the quotation is provided. During this period, the space is reserved pending
CLEC's Acceptance of the quoted charges.
8.4.8.3 Acceptance - There are two (2) forms of Acceptance for Direct
Connection:
8.4.8.3.1 Direct Connection with existing cable rack. - CLEC must submit
payment of one hundred percent (100%) of the quoted nonrecurring charges with
its acceptance notification.
8.4.8.3.2 Direct Connection using new cable rack. - Upon receipt of a
complete Acceptance from CLEC, as described in Section 8.4.1.6, Owest will
begin construction of the new cable rack.
8.4.8.4 Interval - The construction interval for Direct Connections shall be
dependent upon whether the Direct Connection is to the COSMICTM frame requiring a
MELDTM and or if new cable racking is required.
.
8.4.8.4.1 If CLEC provides a complete Acceptance within thirty (30) Days
of receipt of the Owest Collocation quotation, Owest shall complete its installation
of the Direct Connection above the DSO level where no new cable racking is
required within thirty (30) Days of the receipt of the complete Collocation
Acceptance. If Direct Connection is required at the DSO level, to the COSMICTM,
or if new cable racking needs to be installed, Owest wil provision the direct
trunking within sixty (60) Days of the receipt of the complete Collocation
Acceptance.
January 13, 2010/msdllntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 134
Section 8
Collocation
8.4.9 Ordering - Facilty Connected (FC) Collocation
8.4.9.1 Application - Upon receipt of a complete Collocation Application as
described in Section 8.4.1.5, Qwest will perform a feasibilty study. The feasibility study
will be provided within ten (10) Days of receipt of a complete Collocation Application. As
part of the feasibilty study, Qwest will also notify CLEC of any known circumstance that
may delay delivery of the ordered Collocation space and related facilities.
8.4.9.1.1 If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) Days of the
Collocation Application. Qwest shall provide sufficient detail so that CLEC has a
reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises, CLEC must cure any deficiencies
in its Collocation Application and resubmit the Collocation Application within ten
(10) Days after being advised of the deficiencies.
8.4.9.2 Quotation - If Collocation Entrance Facilties and space are available,
Qwest will develop a price quotation within twenty-five (25) Days of providing the
feasibility study. Facility Connected Collocation price quotations wil be honored for
thirty (30) Days from the date the quotation is provided. During this period, the
Collocation Entrance Facility and space are reserved pending CLEC's Acceptance of the
quoted charges.
8.4.9.3 Acceptance - Upon receipt of a complete Collocation Acceptance, as
described in Section 8.4.1.6, space wil be reserved and construction by Qwest wil
begin.
8.4.9.4 Interval - The interval for FC Collocation shall vary depending based on
two (2) factors - 1) whether CLEC provides its Acceptance within seven (7) Days of
receipt of the quotation; and 2) whether CLEC delivers its Entrance Facility to Qwests C-
POi in a timely manner, which shall mean within fifty-three (53) Days of the receipt of the
complete Collocation Application. Qwest wil provide FC Collocation ninety (90) Days
from receipt of a complete Collocation Application with timely Acceptance of the
quotation by CLEC. With late Acceptance of the quotation by CLEC, Qwest wil provide
FC Collocation ninety (90) Days from Acceptance. CLEC must have its Entrance Facility
at the C-POI no later than fifty-three (53) Days after Qwest receives the complete
Collocation Application. If CLEC's Entrance Facility is not completed to the C-POI within
fifty-three (53) Days after receipt of the complete Collocation Application, Qwest shall
complete the FC Collocation within forty-five (45) Days of the completion and availability
of CLEC's Entrance Facility at the C-POI.
8.5 Biling
8.5.1 Biling. All Collocation
.
.
8.5.1.1 Upon completion of the Collocation construction activities and payment of
the remaining nonrecurring balance, Qwest wil provide CLEC a completion package that
wil initiate the recurring Collocation charges. Once this completion package has been
signed by CLEC and Qwest, and Qwest has received the final fifty percent (50%)
balance, Qwest wil activate CLEC transport services and/or UNEs or ancilary services .
coincident with completion of the Collocation.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 135
Section 8
Collocation.8.5.1.2 In the event Qwest has completed all associated construction activities
and CLEC has not completed its associated activities (e.g., delivering fiber to the C-POI,
or providing the equipment cables for connecting to the Interconnection Distribution
Frame), Qwest will bil an adjusted amount of the remaining nonrecurring balance, close
the job, and begin Biling the monthly recurring rent charge. In those instances where
the job is delayed due to CLEC not having its fiber to the POI, Qwest wil request the
balance due minus the dollar amount specific to this work activity, and begin Biling the
monthly recurring rent charge. Once CLEC has completed fiber placement, CLEC can
request Qwest to return and complete the splicing activity at the rate reflected in this
Agreement. In the case of missing equipment cables, CLEC wil be responsible for
installng the cables if not delivered at job completion. The installation activity must be
conducted by a Qwest approved vendor and follow the designated racking route. Final
test and turn-up wil be performed under the Maintenance and Repair process contained
herein.
8.5.2 Biling. Virtual Collocation
8.5.2.1 Virtual Collocation wil be considered complete when the Premises is
Ready for Service (RFS). Cooperative testing between CLEC and Qwest may be
negotiated and performed to ensure continuity and acceptable transmission parameters
in the facility and equipment.
.8.5.3 Billng. Caged and Cage less Physical Collocation
8.5.3.1 Payment for the remaining nonrecurring charges shall be upon the RFS
date. Upon completion of the construction activities and payment of the remaining
nonrecurring charges, Qwest wil schedule a walk through of the space with CLEC.
During this joint walk through, Qwest wil turn over access to the space and provide
security access to the Premises. Upon completion of the acceptance walk through,
CLEC wil be provided the Caged or Cageless Physical Collocation completion package
(Le., all ordering information). The monthly Billng for leased space, DC power, Entrance
Facility, and other associated monthly charges wil commence with CLEC sign off on the
completion of the physical space. CLEC may then proceed with the installation of its
equipment in the Collocation space, unless early access has been arranged pursuant to
Section 8.2.3.7. If Qwest, despite its best efforts, including notification through the
contact number on the Collocation Application, is unable to schedule the walk through
with CLEC within twenty-one (21) Days of the RFS, Qwest shall activate the monthly
recurring charges.
8.6 Maintenance and Repair
8.6.1 Virtual Collocation
8.6.1.1 Maintenance Labor, Inspector Labor, Engineering Labor and Equipment
Labor business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm
(local time) and after business hours are after 5:00 pm and before 8:00 am (local time),
Monday through Friday, all day Saturday, Sunday and holidays..8.6.1.2 Installation and maintenance of CLEC's virtually collocated equipment wil
be performed by Qwest or a Qwest authorized vendor.
January 13, 201 O/msd/lntrado/l D/CDS-1 00112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 136
Section 8
Collocation
8.6.1.3 Upon failure of CLEC's virtually collocated equipment, Qwest will promptly
notify CLEC of such failure and the corrective action that is needed. Qwest wil repair .
such equipment within the same time periods and with failure rates that are no greater
than those that apply to the performance of similar functions for comparable equipment
of Qwest. CLEC is responsible for transportation and delivery of maintenal)ce spares to
Qwest at the Premises housing the failed equipment. CLEC is responsible for
purchasing and maintaining a supply of spares.
8.6.2 Physical Collocation
8.6.2.1 CLEC is responsible for the maintenance and repair of its equipment
located within CLEC's leased space.
8.6.3 Interconnection Distribution Frame
8.6.3.1 CLEC is responsible for block and jumper inventory and maintenance at
the Interconnection Distribution Frame and using industry accepted practices for its
terminations. Additionally, CLEC is responsible for having jumper wire and tools for
such operations. Qwest is responsible for the overall repair and maintenance of the
frame; including horizontal and vertical mounting positions, cable raceways, rings, and
troughs, and general housekeeping of the frame.
8.6.4 Adjacent Collocation and Adjacent Remote Collocation
8.6.4.1 CLEC is responsible for the maintenance and repair of its equipment
located within CLEC's Adjacent Collocation and Adjacent Remote Collocation space.
8.6.5 Facility Connected (FC) Collocation
8.6.5.1 Qwest will be responsible for all Maintenance and Repair of FC
Collocation facilities from the C-POI into and within the Wire Center, and for the
associated Interconnection, ancillary services, and Finished Services terminated on the
FC Collocation blocks or panels. CLEC does not have physical access to the Wire
Center for FC Collocation.
.
8.6.6 Splitter Collocation
8.6.6.1 When Splitters are installed in Qwest Wire Centers via Common Area
Splitter Collocation, CLEC will order and install additional Splitter cards as necessary to
increase the capacity of the Splitters. CLEC wil leave one (1) unused, spare Splitter
card in every shelf to be used for Maintenance and Repair until such time as the card
must be used to fil the shelf to capacity.
8.6.6.2 When Splitters are installed in Qwest Wire Centers via standard
Collocation arrangements, CLEC may install test access equipment in its Collocation
areas in those Wire Centers for the purpose of testing Shared Loops. This equipment
must meet the requirements for Central Office equipment set by the FCC in its March 31,
1999 Order in CC Docket No. 98-147..
January 13, 201 0/msd/lntrado/lD/CDS-1 00112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 137
Section 9
Unbundled Network Elements.SECTION 9.0 . UNBUNDLED NETWORK ELEMENTS
9.1 General Terms
9.1.1 Changes in law, regulations or other "Existing Rules" relating to Unbundled
Network Elements (UNEs), including additions and deletions of elements Qwest is required to
unbundleand/or provide in a UNE Combination, shall be incorporated into this Agreement by
amendment pursuant to Section 2.2. CLEC and Qwest agree that the UNEs identified in
Section 9 are not exclusive and that pursuant to changes in FCC rules, the Bona Fide Request
Process, or Special Request Process (SRP), CLEC may identify and request that Qwest furnish
additional or revised UNEs to the extent required under Section 251 (c)(3) of the Act. Failure to
list a UNE herein shall not constitute a waiver by CLEC to obtain a UNE subsequently defined
by the FCC.
9.1.1.1 UNEs shall only be obtained for the provision of Telecommunications
Services, which do not include telecommunications utilized by CLEC for its own
administrative use.
9.1.1.2 CLEC may not access UNEs for the exclusive provision of Mobile
Wireless Services or Interexchange Services.
9.1.1.3 If CLEC accesses and uses a UNE consistently with Section 9.1.2, CLEC
may provide any Telecommunications Services over the same UNE.
.9.1.1.4 To submit an order to obtain a high capacity Loop or transport UNE,
CLEC must undertake a reasonably diligent inquiry and, based on that inquiry, self-
certify that, to the best of its knowledge, its request is consistent with the requirements
discussed in Sections iV, V, and Vi of the Triennial Review Remand Order and that it is
therefore entitled to unbundled access to the particular Network Elements sought
pursuant to Section 251(c)(3) of the Act. As part of such reasonably diligent inquiry,
CLEC shall ensure that a requested unbundled DS1 or DS3 Loop is not in a Wire Center
identified on the list provided by Qwest of Wire Centers that meet the applicable non-
impairment thresholds as specified in Section 9.2, and that a requested unbundled DS1,
DS3 and/or dark fiber transport circuit UNE is not between Wire Centers found identified
on the list of Wire Centers that meet the applicable non-impairment threshold as
specified in Section 9.6.
9.1.1.4.1 Upon receiving a request for access to a dedicated transport or
high-capacity loop UNE that indicates that the UNE meets the relevant factual
criteria discussed in sections V and Vi of the Triennial Review Remand Order,
Qwest must immediately process the request. To the extent that Qwest seeks to
challenge any other such UNEs, it subsequently can raise that issue through the
dispute resolution procedures provided for in this Agreement.
9.1.1.4.2 Intentionally Left Blank
.
9.1.1.4.3 Additional Non-Impaired Wire Centers. When Qwest files a
request(s) to add additional Wire Center(s) to the Qwest Non-impaired Wire
Center list, Qwest wil follow the procedures for making such requests as agreed
to by Qwest and certain CLECs in the Multi-state Settlement Agreement
Regarding Wire Center Designations and Related Issues on June 20, 2007. If
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 138
Section 9
Unbundled Network ElementsJ
the Commission approves the Wire Center(s) as non-impaired, fifteen (15) Days
after Commission-approval CLEC wil no longer order impacted High Capacity .
Loops, high capacity transport UNEs and Dark Fiber Dedicated Transport UNEs
in (for loops) or between (for transport) those Non-impaired Wire Centers. Owest
and CLEC wil work together to identify those circuits impacted by such change.
9.1.1.4.3.1 Length of Transition Period for Additional Non-Impairment
Designations.
9.1.1.4.3.1.1 When the Commission approves additional DS1
and DS3 loop or high capacity transport UNE non-impairment
designations as described in Section 9.1.1.4.3, CLEC wil have
ninety (90) days from the effective date of the order in which the
Commission approves the addition to the Owest Non-impaired
Wire Center list to transition the applicable Non-Impaired Facilities
to an alternative service.
9.1.1.4.3.1.2 When the Commission approves additional Dark
Fiber transport non-impairment Designations as described in
Section 9.1.1.4.3, CLEC wil have one-hundred and eighty (180)
days from the effective date of the order in which the Commission
approves the addition to the Owest Non-impaired Wire Center list
to transition to an alternative arrangement. Owest and CLEC will
work together to identify those circuits impacted by such a
change.
9.1.1.4.3.2 Rate During Transition Period for Additional Non-
Impairment Designations.
.
9.1.1.4.3.2.1 For a ninety (90) day period beginning on the
effective date on which the Commission approves an addition to
the Owest Non-impaired Wire Center list, any DS1 Loop UNEs,
DS3 Loop UNEs, DS1 Dedicated Transport UNEs, and DS3
Dedicated Transport UNEs that CLEC leases from Owest as of
that date, but which Owest is not obligated to unbundle, shall be
available for lease from Owest at a rate equal to 115% of the UNE
rates applicable as of the effective date on which the Commission
adds the Wire Center to the Owest Non-impaired Wire Center list.
9.1.1.4.3.2.2 For a one-hundred and eighty (180) day period
beginning on the effective date on which the Commission
approves an addition to the Owest Non-impaired Wire Center list,
any Dark Fiber Dedicated Transport UNEs that CLEC leases from
Owest as of that date, but which Owest is not obligated to
unbundle, shall be available for lease from Owest at a rate equal
to 115% of the UNE rates applicable as of the effective date on
which the Commission adds the Wire Center to the Owest Non-
impaired Wire Center list..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 139
.
.
.
Section 9
Unbundled Network Elements
9.1.1.4.3.2.3 The 115% rate described in Sections 9.1.1.4.3.2.1
and 9.1.1.4.3.2.2 wil be applied to CLEC bils on the following bil
cycle, and may be applied as a manual adjustment. Any manual
bil adjustment for the time period for which the facilties were in
place wil be applied to each account based on the Billng
Telephone Number (BTN) and/or Circuit (CKT) identification
number per Biling Account Number (BAN) with an effective bill
date as of the effective date on which the Commission adds the
Wire Center to the Qwest Non-impaired Wire Center list.
9.1.1.4.3.2.4 For high capacity loops and high capacity transport
UNE transitions, Qwest wil assess the non-recurring charge
contained in the appropriate Tariff. No additional non-recurring
charges apply for the transition, other than OSS non-recurring
charges if applicable. 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.
9.1.1.4.3.2.4.1 When Qwests tariff rate exceeds
$25, Qwest will provide a clearly identified lump sum credit
within three (3) billng cycles that results in an effective net
non-recurring charge of $25. This lump sum credit applies
until July 31, 2010.
9.1.1.4.3.2.5 Methodology: The Parties agree to use the
methodology for non-impairment or tier designations adopted by
the Commission in the Wire Center Docket.
9.1.1.5 If it is determined by CLEC or Qwest that CLEC's access to or use of
UNEs is inconsistent with Existing Rules, except due to change of law, CLEC has thirty
(30) Days to convert such UNEs to alternate service arrangements and CLEC is subject
to back biling for the difference between rates for the UNEs and rates for the Qwest
alternate service arrangements. CLEC is also responsible for all non-recurring charges
associated with such conversions.
9.1.1.6 When CLEC submits an order to convert a special access circuit to a
UNE and that circuit has previously been exempt from the special access surcharge
pursuant to 47 C.F.R. § 69.115, CLEC shall document in its certification when and how
the circuit was modified to permit interconnection of the circuit with a local exchange
subscriber line.
9.1.1.7 To the extent it is Technically Feasible, CLEC may Commingle
Telecommunications Services purchased on a resale basis with an Unbundled Network
Element or combination of Unbundled Network Elements. Notwithstanding the
foregoing, the following are not available for resale Commingling:
a) Non-telecommunications services;
b) Enhanced or Information services;
January 13, 2010/msd/lntrado/ID/CDS-100112-Q01O
Qwest Fourteen State Negotiations Template, December 29, 2008 140
Section 9
Unbundled Network Elements
c) Features or functions not offered for resale on a stand-alone basis or
separate from basic Exchange Service; and .
d) Network Elements offered pursuant to Section 271.
9.1.1.8 CLEC may Commingle UNEs and combinations of UNEs with wholesale
services and facilities (e.g., switched and special access services offered pursuant to
Tariff), and request Qwest to perform the necessary functions to provision such
Commingling. CLEC will be required to provide the CFA (Connecting Facilty
Assignment) of CLEC's network demarcation (e.g., Collocation or multiplexing facilities)
for each UNE, UNE Combination, or wholesale service when requesting Qwest to
perform the Commingling of such services. Qwest shall not deny access to a UNE on
the grounds that the UNE or UNE Combination shares part of Qwests network with
access services.
9.1.1.8.1 When a UNE and other service are Commingled, the service
interval for each facilty being Commingled wil apply only as long as a unique
provisioning process is not required for the UNE or service due to the
Commingling. Performance measurements and\or remedies do not applicable to
the total Commingled arrangement but do apply to each facility or service
ordered within the Commingled arrangement. Work performed by Qwest to
provide Commingled services that are not subject to standard provisioning
intervals wil not be subject to performance measures and remedies, if any,
contained in this Agreement or elsewhere, by virtue of that service's inclusion in a
requested Commingled service arrangement. Provisioning intervals applicable to
services included within a requested Commingled service arrangement wil not
begin to run until CLEC provides a complete and accurate service request,
necessary CFAs to Qwest, and Qwest completes work required to perform the
Commingling that is in addition to work required to provision the service as a
stand-alone facility or service.
.
9.1.1.8.2 Qwest will not combine or Commingle services or Network
Elements that are offered by Qwest solely pursuant to Section 271 of the
Communications Act of 1934, as amended, with Unbundled Network Elements or
combinations of Unbundled Network Elements.
9.1.1.8.3 Services are available for Commingling only in the manner in
which they are provided in Qwests applicable product Tariffs, catalogs, price
lists, or other Telecommunications Services offerings.
9.1.1.8.3.1 Entrance Facilities and mid-span meet SPOI obtained
pursuant to Section 7 of this Agreement are not available for
Commingling.
9.1.1.9 Ratcheting. To the extent that CLEC requests Qwest to commingle a
UNE or a UNE Combination with one or more facilities or services that CLEC has
obtained at wholesale from Qwest pursuant to a method other than unbundling under
Section 251(c)(3) of the Act, Qwest wil not be required to bil that wholesale circuit at
multiple rates, otherwise known as ratcheting. Such commingling wil not affect the
prices of UNEs orUNE Combinations involved..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 141
Section 9
Unbundled Network Elements.9.1.1.9.1 To the extent a multiplexed facility is included in a Commingled
circuit then: (1) the multiplexed facility wil be ordered and biled at the UNE rate
if and only if all circuits entering the multiplexer are UNEs and (2) in all other
situations the multiplexed facility wil be ordered and billed pursuant to the
appropriate Tariff.
9.1.1.10 Service Eligibility Criteria. The following Service Eligibility Criteria apply
to combinations and/or Commingling of high capacity (DS1 and DS3) Loops and
interoffice transport (high capacity EELs). This includes new UNE EELs, EEL
conversions (including commingled EEL conversions), or new commingled EELs (e.g.,
high capacity loops attached to special access transport).
9.1.1.10.1 Except as otherwise provided in this Section 9.1.1.10, Qwest shall
provide access to Unbundled Network Elements and Combinations of Unbundled
Network Elements without regard to whether CLEC seeks access to the
Unbundled Network Elements to establish a new circuit or to convert an existing
circuit from a service to Unbundled Network Elements.
9.1.1.10.2 CLEC must certify that the following Service Eligibility Criteria are
satisfied to: (1) convert a special access circuit to a high capacity EEL, (2) to
obtain a new high capacity EEL; or (3) to obtain at UNE pricing any portion of a
Commingled circuit that includes a high capacity Loop and transport facility or
service. Such certification shall be in accordance with all of the following
Sections..9.1.1.10.2.1 State Certification. CLEC has received state certification
to provide local voice service in the area being served or, in the absence
of a state certification requirement, has complied with registration,
tariffing, filing fee, or other regulatory requirements applicable to the
provision of local voice service in that area.
9.1.1.10.2.2 Per Circuit Criteria. The following criteria are satisfied for
each combined circuit, including each DS1 circuit, each DS1 EEL, and
each DS1-equivalent circuit on a DS3 EEL:
9.1.1.10.2.3 Telephone Number Assignment. Each circuit to be
provided to each End User Customer wil be assigned a local telephone
number prior to the provision of service over that circuit. This requires
that each DS1 circuit must have at least one (1) local telephone number
and each DS3circuit has at least twenty-eight (28) local telephone
numbers. The origination and termination of local voice traffic on each
local telephone number assigned to a circuit shall not include a toll charge
and shall not require dialing special digits beyond those normally required
for a local voice calL.
9.1.1.10.2.4 911 or E911. Each circuit to be provided to each End User
Customer wil have 911 or E911 capability prior to the provision of service
over that circuit..9.1.1.10.2.5 Collocation.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 142
Section 9
Unbundled Network Elements
a) Each circuit to be provided to each End User Customer will .'
terminate in a Collocation arrangement that is established pursuant to
Section 251(c)(6) of the Act and located at Qwests Premises within the
same LATA as the End User Customer's premises, when Qwest is not the
collocator, and cannot be at an Interexchange Carrier POP or ISP POP
location;
b) Each circuit to be provided to each End User Customer wil
terminate in a Collocation arrangement that is located at the third party's
premises within the same LATA as the End User Customer's premises,
when Qwest is the collocator; and
c) When a DS1 or DS3 EEL Loop is connected to a multiplexed
facility, the multiplexed facility must be terminated in a Collocation
arrangement that is established pursuant to Section 251(c)(6) of the Act
and located at Qwests Premises within the same LATA as the End User
Customer's premises, when Qwest is not the collocator, and cannot be at
an Interexchange Carrier POP or ISP POP location.
9.1.1.10.2.6 Interconnection Trunking. CLEC must arrange for the
meaningful exchange of traffc which must include hand-offs of local voice
calls that flow in both directions. Where CLEC does not arrange for a
meaningful exchange of traffic, those arrangements cannot be attributed
toward satisfaction of this criterion. At a minimum, each DS1 circuit must
be served by a DSO equivalent LIS trunk in the same LATA as the End
User Customer served by the circuit For each twenty-four (24) DS1
circuits, CLEC must maintain at least one (1) active DS1 LIS trunk in the
same LATA as the End User Customer served by the circuit
.
9.1.1.10.2.6.1 Callng Party Number. Each circuit to be provided
to each End User Customer wil be served by an Interconnection
trunk over which CLEC will transmit the Callng Party Number in
connection with calls exchanged over the trunk. For each twenty-
four (24) DS1 EELs or other facilties having equivalent capacity,
CLEC wil have at least one (1) active DS1 LIS trunk over which
CLEC wil transmit the Calling Party Number in connection with
calls exchanged over the trunk. If the Calling Party Number is not
exchanged over an Interconnection trunk, that trunk shall not be
counted towards meeting these criteria.
9.1.1.10.2.7 End Office Switch. Each circuit to be provided to each End
User Customer wil be served by an End Office Switch capable of
switching local voice traffic. CLEC must certify that the switching
equipment is either registered in the LERG as a Class 5 Switch or that it
can switch local voice traffc.
9.1.1.10.3 CLEC must provide certification to Qwest through a certification
letter, or other mutually agreed upon communication, that each individual high
capacity loop in combination, or Commingled, with a Qwest-provided high
capacity transport facility or service, meets the Service Eligibility Criteria set forth .
above before Qwest wil provision or convert the high capacity facility in
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 143
Section 9
Unbundled Network Elements.combination or Commingled.
9.1.1.10.4 CLEC's high capacity combination or Commingled facility Service
Eligibility shall remain valid only so long as CLEC continues to meet the Service
Eligibility Criteria set forth above. If CLEC's Service Eligibility on a given high
capacity combination or Commingled facility is no longer valid, CLEC must
submit a service order converting the facility to the appropriate private
line/special access service within thirty (30) Days.
9.1.1.10.5 Service Eligibility Audits. In order to confirm reasonable
compliance with these requirements, Qwest may perform Service Eligibility
Audits of CLEC's records. Service Eligibilty Audits shall be performed in
accordance with the following guidelines:
9.1.1.10.5.1 Qwest may, upon thirt (30) Days written notice to CLEC
that has purchased high capacity combination and Commingled facilties,
conduct a Service Eligibility Audit to ascertain whether those high
capacity facilities were eligible for UNE treatment at the time of
Provisioning or conversion and on an ongoing basis thereafter.
.
9.1.1.10.5.2 CLEC shall make reasonable efforts to cooperate with any
Service Eligibilty Audit by Qwest and shall maintain and provide Qwest
with relevant records (e.g., network and circuit configuration data, local
telephone numbers) which demonstrate that CLEC's high capacity
combination and Commingled facilities meet the Service Eligibility
Criteria.
9.1.1.10.5.3 An independent auditor hired and paid for by Qwest shall
perform any Service Eligibility Audits, provided, however, that if a Service
Eligibility Audit reveals that CLEC's high capacity combination and
Commingled facility circuit(s) do not meet or have not met the Service
Eligibility Criteria, then CLEC shall reimburse Qwest for the cost of the
audit. To the extent the independent auditor's report concludes that
CLEC complied in all material respects with the Service Eligibilty Criteria,
Qwest shall reimburse CLEC for its costs associated with the Service
Eligibility Audit.
9.1.1.10.5.4 An independent auditor must perform its evaluation in
accordance with the standards established by the American Institute for
Certified Public Accountants (AICPA) and during normal business hours,
unless there is a mutual agreement otherwise.
.
9.1.1.10.5.5 Qwest shall not exercise its Service Eligibility Audit rights
with respect to CLEC (excluding Affiliates), more than once in any
calendar year, unless an audit finds non-compliance. If a Service
Eligibility Audit does find non-compliance, Qwest shall not exercise its
Service Eligibility Audit rights for sixty (60) Days following that audit, and if
any subsequent Service Eligibility Audit does not find non-compliance,
then Qwest shall not exercise its Service Eligibility Audit rights for the
remainder of the calendar year.
January 13, 2010/msd/lntradolID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 144
Section 9
Unbundled Network Elements
9.1.1.10.5.6 At the same time that Owest provides notice of a Service
Eligibility Audit to CLEC under this paragraph, Owest shall send a copy of .
the notice to the Federal Communications Commission.
9.1.1.10.5.7 Service Eligibility Audits conducted by Owest for the
purpose of determining compliance with Service Eligibility Criteria shall
not effect or in any way limit any audit or Dispute Resolution rights that
Owest may have pursuant to other provisions of this Agreement.
9.1.1.10.5.8 Owest shall not use any other audit rights it may have
under this Agreement to audit for compliance with the Service Eligibilty
Criteria of this Section. Qwest shall not require a Service Eligibility Audit
as a prior prerequisite to Provisioning combination and Commingled
facilities.
9.1.1.10.5.9 CLEC shall maintain appropriate records to support its
Service Eligibility Criteria. However, CLEC has no obligation to keep any
records that it does not keep in the ordinary course of its business.
9.1.1.10.5.10 If a Service Eligibility Audit demonstrates that a high
capacity combination and Commingled facilities do not meet the Service
Eligibility Criteria above, the CLEC must convert all non-compliant circuits
to private line/special access circuits and CLEC must true-up any
difference in payments within thirty (30) days.
9.1.2 Owest shall provide non-discriminatory access to Unbundled Network Elements .
on rates, terms and conditions that are non-discriminatory, just and reasonable. The quality of
an Unbundled Network Element Owest provides, as well as the access provided to that
element, wil be equal between all Carriers requesting access to that element; second, where
Technically Feasible, the access and Unbundled Network Element provided by Owest will be
provided in "substantially the same time and manner" to that which Owest provides to itself or to
its Affiliates. In those situations where Owest does not provide access to Network Elements to
itself, Owest wil provide access in a manner that provides CLEC with a meaningful opportunity
to compete. For the period of time Owest provides access to CLEC to an Unbundled Network
Element, CLEC shall have exclusive use of the Network Element, except when the provisions
herein indicate that a Network Element wil be shared. Notwithstanding the foregoing, Qwest
shall provide access and UNEs at the service performance levels set forth in Section 20.
Notwithstanding specific language in other sections of this Agreement, all provisions of this
Agreement regarding Unbundled Network Elements are subject to this requirement. In addition,
Owest shall comply with all state wholesale service quality requirements.
9.1.2.1 If facilities are not available, Owest wil build facilities dedicated to an End
User Customer if Owest would be legally obligated to build such facilities to meet its
Provider of Last Resort (POLR) obligation to provide basic local Exchange Service or its
Eligible Telecommunications Carrier (ETC) obligation to provide primary basic local
Exchange Service. CLEC wil be responsible for any construction charges for which an
End User Customer would be responsible. In other situations, Owest does not agree
that it is obligated to build UNEs, but it wil consider requests to build UNEs pursuant to
Section 9.19 of this Agreement.
9.1.2.1.1 Upon receipt of an LSR or ASR, Owest wil follow the same .
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 145
Section 9
Unbundled Network Elements
i.process that it would follow for an equivalent retail service to determine if
assignable facilities exist that fit the criteria necessary for the service requested.
If available facilities are not readily identified through the normal assignment
process, but facilities can be made ready by the requested Due Date, CLEC wil
not receive an additional FOC, and the order Due Date wil not be changed.
9.1.2.1.2 If cable capacity is available, Qwest wil complete incremental
facility work (i.e., conditioning, place a drop, add a Network Interface Device, and
other routine network modifications as described below) in order to complete
facilties to the End User Customer's premises.
9.1.2.1.2.1 Qwest shall make all routine network modifications to
unbundled Loop and transport facilities used by CLEC where the
requested loop or transport facility has already been constructed. Qwest
shall perform these routine network modifications to unbundled Loop or
transport facilities in a non-discriminatory fashion, without regard to
whether the Loop or transport facility being accessed was constructed on
behalf, or in accordance with the specifications, of any carrier.
.
9.1.2.1.2.2 A routine network modification is an activity that
Qwest regularly undertakes for its own retail End User Customers.
Routine network modifications include, but are not limited to, rearranging
or splicing of cable; adding an equipment case; adding a doubler or
repeater; adding a smart jack; installing a repeater shelf; adding a line
card; deploying a new multiplexer or reconfiguring an existing multiplexer;
and attaching electronic and other equipment that Qwest ordinarily
attaches to a DS1 loop to activate such loop for its own retail End User
Customer. They also include activities needed to enable CLEC to light a
dark fiber transport facility. Routine network modifications may entail
activities such as accessing manholes, deploying bucket trucks to reach
aerial cable, and installng equipment casings. Routine network
modifications do not include the installation of new aerial or buried cable
forCLEC.
9.1.2.1.3 During the normal assignment process, if no available facilities are
identified for the UNE requested, Qwest wil look for existing engineenng job
orders that could fil the request in the future. If an engineering job currently
exists, Qwest wil add CLEC's request to that engineering job and send CLEC a
jeopardy notice. Upon completion of the engineering job, Qwest will send CLEC
another FOC with a new Due Date. If facilities are not available and no
engineering job exists that could fill the request in the future, Qwest wil treat
CLECs request as follows:
.
9.1.2.1.3.1 For UNEs that meet the requirements set forth in
Section 9.1.2.1, CLEC will receive a jeopardy notice. Qwest wil initiate
an engineering job order for delivery of primary service to the End User
Customer. When the engineering job is completed, CLEC wil receive
another FOC identifying a new Due Date when the Loop wil be ready for
installation. Upon receipt of the second FOC, CLEC can request a
different Due Date by submitting a supplemental order to change the Due
Date to a later date.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 146
Section 9
Unbundled Network Elements
9.1.2.1.3.2 For UNEs that do not meet the requirements in
Section 9.1.2.1, Qwest wil send CLEC a rejection notice canceling the .
LSR or ASR. Upon receipt of the rejection notice, CLEC may submit a
request to build UNEs pursuant to Section 9.19 of this Agreement.
9.1.2.1.4 Qwest wil provide CLEC notification of major Loop facility builds
through the ICONN database. This notification shall include the identification of
any funded outside plant engineering jobs that exceeds one hundred thousand
dollars ($100,000) in total cost, the estimated Ready for Service Date, the
number of pairs or fibers added, and the location of the new facilities (e.g.,
Distribution Area for copper distribution, route number for copper feeder, and
termination CLLI codes for fiber). CLEC acknowledges that Qwest does not
warrant or guarantee the estimated Ready for Service Dates. CLEC also
acknowledges that funded Qwest outside plant engineering jobs may be modified
or cancelled at any time.
9.1.2.1.5 Intentionally Left Blank.
9.1.3 Intentionally Left Blank.
9.1.4 Qwest wil provide a connection between Unbundled Network Elements and a
Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). An ITP is required for
each Unbundled Network Element or ancilary service delivered to CLEC. The ITP provides the
connection between the Unbundled Network Element and the ICDF or other Central Office
Demarcation Point. The ITP is ordered in conjunction with a UNE. The charges for the ITP are
contained in Exhibit A. The ITP may be ordered per termination. The Demarcation Point shall
be:.
a) at CLEC-provided Cross Connection equipment located in CLEC's Virtual or
Physical Collocation Space; or
b) if CLEC elects to use ICDF Collocation, at the Interconnection Distribution
Frame (ICDF); or
c) if CLEC elects to use an ICDF in association with Virtual or Physical
Collocation, at the ICDF; or
d) if CLEC elects to use a direct connection from its Collocation space to the
distribution frame serving a particular element, at the distribution frame; or
e) at another Central Office Demarcation Point mutually-agreed to by the Parties.
9.1.5 CLEC may connect Network Elements in any Technically Feasible manner.
Qwest wil provide CLEC with the same features, functions and capabilities of a particular
element or combinations of elements that Qwest provides to itself. Qwest wil provide CLEC
with all of the features and functionalities of a particular element or combination of elements
(regardless of whether such combination of elements is ordered from Qwest in combination or
as elements to be combined by CLEC), so that CLEC can provide any Telecommunications
Services that can be offered by means of such element or combination of elements. Qwest will
provide Unbundled Network Elements to CLEC in a manner that allows CLEC to combine such
elements to provide any Telecommunications Services. Qwest shall not in any way restrict .
January 13, 201 0/msd/lntrado/lD/CDS-1 00112-001 0
Qwest Fourteen State Negotiations Template, December 29, 2008 147
Section 9
Unbundled Network Elements.CLEC's use of any element or combination of elements (regardless of whether such
combination of elements is ordered from Qwest in combination or as elements to be combined
by CLEC) except as Qwest may be expressly permitted or required by Existing Rules.
9.1.6 Except as set forth in Section 9.23, the UNE Combinations Section, Qwest
provides UNEs on an individual element basis. Charges, if any, for testing pursuant to this
paragraph are contained in Exhibit A to this Agreement.
9.1.6.1 When elements are provisioned by Qwest on an individual element basis
(whether or not such elements are combined by CLEC with other elements provided by
Qwest or CLEC):
a) Qwest will perform testing necessary or reasonably requested by CLEC,
to determine that such UNE is capable of meeting the technical parameters
established for each UNE.
b) Qwest will repair and maintain such element to ensure that UNE
continues to meet the technical parameters established for each UNE. CLEC is
responsible for the end-to-end transmission and circuit functionality testing for
UNE Combinations created by CLEC.
c) Qwest wil cooperate with CLEC in any Technically Feasible testing
necessary or reasonably requested by CLEC to assist in determining end-to-end
transmission and circuit functionality of such UNE..9.1.6.2 When elements are provisioned by Qwest in combination:
a) Qwest wil perform testing necessary or reasonably requested by CLEC
to determine that such combination and each UNE included in such combination
is capable of meeting the technical parameters of the combination.
b) Qwest wil repair and maintain such combination and each UNE
included in such combination to ensure that such UNE continues to meet the
technical parameters of the combination.
c) Qwest will cooperate with CLEC in any Technically Feasible testing
necessary or reasonably requested by CLEC to determine end-to-end
transmission and circuit functionality of such combination.
9.1.7 Installation intervals for Unbundled Network Elements are contained in Exhibit C.
9.1.8 Maintenance and repair is described herein. The repair center contact telephone
numbers are provided in the PCAT, which is located on the Qwest web site.
.
9.1.9 In order to maintain and modernize the network properly, Qwest may make
necessary modifications and changes to the UNEs in its network on an as needed. basis. Such
changes may result in minor changes to transmission parameters. Network maintenance and
modernization activities wil result in UNE transmission parameters that are within transmission
limits of the UNE ordered by CLEC. Qwest shall provide advance notice of changes that affect
network Interoperability pursuant to applicable FCC rules. Changes that affect network
Interoperabilty include changes to local dialing from seven (7) to ten (10) digit, area code splits,
January 13, 2010/msçl/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 148
Section 9
Unbundled Network Elements
and new area code implementation. FCC rules are contained in C.F.R. Parts 51 and 52. Qwest
provides such disclosures on an Internet web site. .
9.1.10 Channel Regeneration. Qwests design wil ensure the cable between the
Qwest-provided active elements and the DSX wil meet the proper signal level requirements.
Channel regeneration will not be charged for separately for Interconnection between a
Collocation space and Qwests network. Cable distance limitations are based on ANSI
Standard T1.1 02-1993 "Digital Hierarchy - Electrical Interface; Annex B."
9.1.11 Recurring and nonrecurring charges apply for Unbundled Network Elements, as
provided under "Rate Elements" subsections of this Section 9.
9.1.12 Miscellaneous Charges apply for miscellaneous services listed below in this
Section, if such miscellaneous services are available with Unbundled Network Elements as
provided under "Rate Elements" subsections of this Section 9. Miscellaneous services are
provided at CLEC's request or are provided based on CLEC's actions that result in
miscellaneous services being provided by Qwest. Miscellaneous Charges are in addition to
recurring and nonrecurring charges that apply under this Agreement. When more than one
miscellaneous service is requested for the same Unbundled Network Element(s), Miscellaneous
Charges for each miscellaneous service apply. Basic rates apply for miscellaneous services
provided during Qwests regular business hours, 8 a.m. to 5 p.m., local time, Monday through
Friday, excluding holidays; overtime Miscellaneous Charges apply for such services provided
between 5 p.m. and 8 a.m., local time, Monday through Friday, or any time Saturday, excluding
holidays; and premium Miscellaneous Charges apply for such services provided any time on
Sundays or holidays.
a) Additional engineering - engineering work including: 1) additional technical ..
information after Qwest has already provided the technical information normally on the
design layout record; 2) customized service; or 3) review of Qwest outside plant
records. Basic or overtime rates apply.
b) Additional labor - installation - installation work scheduled to be performed
outside of Qwestsregular business hours. Overtime or premium rates apply.
c) Additional labor - other - work not included in "additional labor - installation"
above that involves labor only, including testing and maintenance that are not part of
initially requested installation or maintenance, or, for example, for Optional Testing when
CLEC reports trouble and provides no test results and authorizes Qwestto perform tests
on CLEC's behalf. Basic, overtime, or premium rates apply.
d) Additional cooperative acceptance testing - performing specific tests requested
by CLEC. Qwests participation in such testing is subject to the availability of necessary
qualified Qwest personnel and test equipment at test locations, which normally include
the Qwest Central Office and may include CLEC's specified location. Tests include, but
are not limited to, loop back, attenuation, intermodulation, phase jitter, noise, delay,
echo, and frequency shift tests. Basic, overtime, or premium rates apply.
e) Non-scheduled testing - performing specific tests requested by CLEC as
described above under "cooperative testing" or "manual testing" on a non-scheduled
basis. Tests include, but are not limited to, loss, noise, slope, delay, and echo. Such .
tests are performed as the result of a repair request and are in addition to tests required
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 149
Section 9
Unbundled Network Elements.to isolate and repair trouble. Basic, overtime, or premium rates apply.
f) Cancellation - cancellation of a pending order for the installation of services at
any time prior to notification by Qwest that service is available for use. The cancellation
date is the date Qwest receives notice from CLEC that the order is cancelled. If CLEC
or CLEC's End User Customer is unable to accept service within thirty (30) Days after
the original Due Date, the order will be cancelled by Qwest. Prices for this
miscellaneous service are market-based, using Qwests Tariffed, cataloged, price listed,
or other similarly documented prices, and are subject to change. Additional information
concerning the application of prices for cancellations can be found in Qwests Tariff FCC
No.1, Section 5.
g) Design change - information provided by CLEC or a request from CLEC that
results in an engineering review and/or a design change to service on a pending service
order, per order, per occurrence. Design changes include, but are not limited to: 1)
changes to the address on a pending service order when the new address is in the same
Qwest Wire Center as the original address; or 2) conversions from an Unbundled
Network Element to a private line/Special Access circuit. In addition to a design change
Miscellaneous Charge, an address change may result in the application of an expedite
Miscellaneous Charge in order to retain the original Due Date. Prices for this
miscellaneous service are market-based, using Qwests Tariffed, cataloged, price listed,
or other similarly documented prices, and are subject to change.
.h) Dispatch - 1) information provided by CLEC, or a request from CLEC, in relation
to installation of services, resulting in dispatch of a Qwest technician(s) when dispatch is
not required for Qwest to complete its installation work; 2) information provided by CLEC
resulting in dispatch, or a request from CLEC for dispatch, of a Qwest technician(s) in
relation to a repair request where no trouble is found in Qwests facilities; and 3) a Qwest
technician(s) is dispatched and CLEC or CLEC's End User Customer is not available or
ready. Prices for this miscellaneous service are market-based, using Qwests Tariffed,
cataloged, price listed, or other similarly documented prices, and are subject to change.
i) Expedite - a Due Date that reflects a shorter service interval than is available in
Qwests Service Interval Guide; or that is a request for an earlier Due Date than has
been established on a pending order; or that is required to meet a Due Date on a
pending order due to design or other changes submitted by CLEC. Qwest wil
accommodate CLEC's request for an expedited installation if it can do so without
delaying Due Dates or orders of other CLECs or End User Customers. Charges for
expedited installations are in addition to nonrecurring charges for the service ordered.
Prices for this miscellaneous service are market-based, using Qwests Tariffed,
cataloged, price listed, or other similarly documented prices, and are subject to change.
.
j) Maintenance of ServicelTrouble Isolation - work performed by Qwest when
CLEC reports trouble to Qwestand no trouble is found in Qwests facilities. CLEC is
responsible for payment of charges when the trouble is in equipment, or systems
provided by a party(ies) other than Qwest. Additionally, when CLEC reports trouble
within a quantity of services and circuits, but fails to identify the specific service and
circuit experiencing trouble, charges apply for the time spent by Qwest to isolate the
trouble. A call-out of Qwest technician at a time not consecutive with that technician's
scheduled work period is subject to a minimum charge of four (4) hours. Failure of
Qwest personnel to find trouble in Qwest facilities wil result in no charge if the trouble is
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 150
Section 9
Unbundled Network Elements
subsequently found in those facilties. Charges apply per Owest technician, from the
time of dispatch until the work is complete. Trouble Isolation Charges (TIC) apply for .
trouble isolation work on POTS and Maintenance of Service charges apply for trouble
isolation work on other services. Dispatch Miscellaneous Charges may apply in addition
to Maintenance of Service charges or TIC. Basic, overtime, or premium rates apply.
Prices for this miscellaneous service are market-based, using Owests Tariffed,
cataloged, price listed, or other similarly documented prices, and are subject to change.
9.1.13
9.1.14
Intentionally Left Blank.
Intentionally Left. Blank.
9.1.15 Expedite requests for designed Unbundled Network Elements are allowed.
Expedites are requests for intervals that are shorter than the interval defined in Owests Service
Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates.
9.1.15.1 CLEC wil request an expedite for designed Unbundled Network
Elements, including an expedited Due Date, on the Local Service Request (LSR) or the
Access Service Request (ASR), as appropriate.
9.1.15.2 The request for an expedite will be allowed only when the request meets
the criteria outlined in the Pre-Approved Expedite Process in Owests Product Catalog
for expedites at Owests wholesale web site.
9.1.16 Intentionally Left Blank.
9.2 Unbundled Loops .
9.2.1 Description
The Unbundled Loop is defined as a transmission facility between a distribution frame (or its
equivalent) in a Owest Central Office and the Loop Demarcation Point at an End User
Customer's premises. The Unbundled Loop includes all features, functions, and capabilties of
such transmission facility. Those features, functions, and capabilities include, but are not limited
to, attached electronics that are necessary for the full functionality of the loop (except those
electronics used for the provision of Advanced Services, such as Digital Subscriber Line Access
Multiplexers), and line conditioning. The Unbundled Loop includes DSO, DS1, and DS3 Loops.
9.2.1.1 Loop Demarcation Point - For purposes of this Section, Loop
Demarcation Point is the point where Owest owned or controlled facilities cease, and
CLEC, End User Customer, owner or landlord ownership of facilities begins.
9.2.1.2 FTTH and FTTC Loops. For purposes of this Section, a Fiber-to-the-
Home (FTTH) loop is a local Loop consisting entirely of fiber optic cable, whether dark or
lit, and serving an End User Customer's premises, or, in the case of predominantly
residential multiple dwelling units (MDUs), a fiber optic cable, whether dark or lit, that
extends to the MDU's minimum point of entry (MPOE). For purposes of this Section, a
Fiber-to-the-Curb (FTC) loop isa local loop consisting of fiber optic cable connecting to
a copper distribution plant loop that is not more than 500 feet from the End User
Customer's premises or, in the case of predominantly residential MDU, not more than
500 feet from the. MDU's MPOE. The fiber optic cable in a FTTC must connect to a .
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 151
Section 9
Unbundled Network Elements.copper distribution plant loop at a serving area interface from which every other copper
distribution Subloop also is not more than 500 feet from the respective End User
Customer's premises.
9.2.1.2.1 FTTH/FTTC New Builds. Qwest shall have no obligation to
provide access to an FTTH/FTTC loop as an Unbundled Network Element in any
situation where Qwest deploys such a loop to an End User Customer's premises
that had not previously been served by any loop facilty prior to October 2, 2003.
.
9.2.1.2.2 FTTH/FTTC Overbuilds. Qwest shall have no obligation to
provide access to an FTTH/FTTC loop as an Unbundled Network Element in any
situation where Qwest deploys such a loop parallel to, or in replacement of, an
existing copper loop facility. Notwithstanding the foregoing, where Qwest
deploys a FTTH/FTTC loop parallel to, or in replacement of, an existing copper
loop facility:
9.2.1.2.2.1 Qwest shall: (i) leave the existing copper loop
connected to the End User Customer's premises after deploying the
FTTH/FTTC loop to such premises, and (ii) upon request provide access
to such copper loop as an Unbundled Network Element. Notwithstanding
the foregoing, Qwest shall not be required to incur any expense to ensure
that any such existing copper loop remains capable of transmitting signals
prior to receiving a request from CLEC for access, as set forth above, in
which case Qwest shall restore such copper loop to serviceable condition
on an Individual Case Basis. Any such restoration shall not be subject to
Performance Indicator Definition or other performance service
measurement or intervals. Qwests obligations under this subsection
9.2.1.2.2 shall terminate when Qwest retires such copper Loop in
accordance with the provisions of Section 9.2.1.2.3 below.
9.2.1.2.2.2 In the event Qwest, in accordance with the
provisions of Section 9.2.1.2.3 below, retires the existing copper loop
connected to the End User Customer's premises, Qwest shall provide
access, as an Unbundled Network Element, over the FTTH/FTC loop to
a 64 kbps transmission path capable of voice grade service.
.
9.2.1.2.3 Retirement of Copper Loops or Copper Subloops and
Replacement with FTTH/FTTC Loops. In the event Qwest decides to replace
any copper loop or copper Subloop with a FTTH/FTTC Loop, Qwest wil: (i)
provide notice of such planned replacement on its web site
(ww.qwest.com/disclosures); (ii) provide e-mail notice of such planned
retirement to CLECs; and (iii) provide public notice of such planned replacement
to the FCC. Such notices shall be in addition to any applicable state Commission
notification that may be required. Any such notice provided to the FCC shall be
deemed approved on the ninetieth (90th) Day after the FCC's release of its public
notice of the filng, unless an objection is filed pursuant to the FCC's rules. In
accordance with the FCC's rules: (i) CLEC objection to a Qwest notice that it
plans to replace any copper Loop or copper Subloop with a FTTH/FTC Loop
shall be filed with the FCC and served upon Qwest no later than the ninth (9th)
business day following the release of the FCC's public notice of the filing and (ii)
any such objection shall be deemed denied ninety (90) Days after the date on
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 152
Section 9
Unbundled Network Elements
which the FCC releases public notice of the filing, unless the FCC rulesotherwise within that period. .
9.2.1.3 Hybrid Loops. A "Hybrid Loop" is an Unbundled Loop composed of both
fiber optic cable, usually in the feeder plant, and copper wire or cable, usually in the
distribution plant.
9.2.1.3.1 Broadband Services. When CLEC seeks access to a Hybrid
Loop for the provision of broadband services, including DS1 or DS3 capacity, but
not DSL, Owest shall provide CLEC with non-discriminatory access on an
unbundled basis to time division multiplexing features, functions, and capabilities
of that Hybrid Loop, only where impairment has been found to exist to establish a
complete transmission path between Qwests Central Offce and an End User
Customets premises. This access shall include access to all features, functions,
and capabilties of the Hybrid Loop that are not used to transmit packetized
information.
9.2.1.3.2 Narrowband Services. When CLEC seeks access to a Hybrid
Loop for the provision of narrowband services, Owest may either:
a) Provide non-discriminatory access, on an unbundled basis, to
an entire Hybrid Loop capable of voice-grade service (Le., equivalent to
DSO capacity), using time division multiplexing technology; or
b) Provide non-discriminatory access to a spare home-run copper
loop serving that End User Customer on an unbundled basis.
9.2.1.4 Intentionally Left Blank..
9.2.2 Terms and Conditions
9.2.2.1 Owest shall provide CLEC, on a non-discriminatory basis, Unbundled
Loops (unbundled from local switching and transport) of substantially the same quality
as the Loop that Owest uses to provide service to its own End User Customers. For
Unbundled Loops that have a retail analogue, Owest wil provide these Unbundled
Loops in substantially the same time and manner as Owest provides to its own End User
Customers. Unbundled Loops shall be provisioned in accordance with Exhibit C and the
performance metrics set forth in Section 20 and with a minimum of service disruption.
9.2.2.1.1 Use of the word "capable" to describe Loops in Section 9.2
means that Qwest assures that the Loop meets the technical standards
associated with the specified Network Channel/Network Channel Interface
codes, as contained in the relevant technical publications and industry standards.
9.2.2.1.2 Use of the word "compatible" to describe Loops in Section 9.2
means the Unbundled Loop complies with technical parameters of the specified
Network Channel/Network Channel Interface codes as specified in the relevant
technical publications and industry standards. Owest makes no assumptions as
to the capabilities of CLEC's Central Office equipment or the Customer Premises
Equipment..
January 13, 2010/msdllntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 153
.
.
.
Secton 9
Unbundled Network Elements
9.2.2.2 Analog (Voice Grade) Unbundled Loops. Analog (voice grade)
Unbundled Loops are available as a two-wire or four-wire voice grade, point-to-point
configuration suitable for local exchange type services. For the two-wire configuration,
CLEC must specify the signaling option. The actual Loop facilities may utilize various
technologies or combinations of technologies.
9.2.2.2.1 If Owest uses Integrated Digital Loop Carrier (IDLC) systems to
provide the Unbundled Loop, Owest wil first attempt, to the extent possible, to
make alternate arrangements such as Line and Station Transfers (LST), to
permit CLEC to obtain a contiguous copper Unbundled Loop. If a LST is not
available, Owest may also seek alternatives such as Integrated Network Access
(INA), hair pinning, or placement of a Central Office terminal, to permit CLEC to
obtain an Unbundled Loop. If no such facilities are available, Owest wil make
every feasible effort to provision Unbundled Loops over the IDLC in order to
provide the Unbundled Loop for CLEC. '
9.2.2.2.1.1 In areas where Owest has deployed amounts of
IDLC that are sufficient to cause reasonable concern about CLEC's
ability to provide service through available copper facilities on a broad
scale, CLEC shall have the ability to gain access to Owest information
sufficient to provide CLEC with a reasonably complete identification of
such available copper facilities. Owest shall be entitled to mediate
access in a manner reasonably related to the need to protect Confidential
or Proprietary Information. CLEC shall be responsible for Owests
incremental costs to provide such information or access mediation.
9.2.2.2.2 If there are state service quality rules in effect at the time CLEC
requests an Analog Unbundled Loop, Owest wil provide an Analog Unbundled
Loop that meets the state technical standards. If necessary to meet the state
standards, Owest wil, at no cost to CLEC, remove load coils and Bridged Taps
from the Loop in accordance with the requirements of the specific technical
standard.
9.2.2.3 Digital Capable Loops - DS1 and DS3 Capable Loops, Basic Rate (BRI)
ISDN Capable Loops, 2/4 Wire Non-Loaded Loops and xDSL-1 Capable Loops.
Unbundled digital Loops are transmission paths capable of carrying specifically
formatted and line coded digital signals. Unbundled digital Loops may be provided using
a variety of transmission technologies including, but not limited to, metallc wire, metallic
wire based digital Loop carrier, and fiber optic fed digital carrier systems. Owest wil
provision digital Loops in a non-discriminatory manner, using the same facilities
assignment processes that Owest uses for itself to provide the requisite service. Digital
Loops may use a single or multiple transmission technologies. DC continuity does not
apply to digital capable Loops. If conditioning is required, then CLEC shall be charged
for such conditioning as set forth in Exhibit A if it authorized Owest to perform such
conditioning.
9.2.2.3.1 Intentionally Left Blank.
9.2.2.3.1.1 DS1 Unbundled Loops. Subject to the cap described in
Section 9.2.2.3.1.1.1, Owest shall provide CLEC with non-discriminatory
access to a DS1 Loop on an unbundled basis to any building not served
January 13,2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 154
Section 9
Unbundled Network Elements
by a Wire Center with at least 60,000 Business Lines and at least four (4)
Fiber-based Collocators. Once a Wire Center exceeds both of these .
thresholds, no future DS1 Loop unbundling wil be required in that Wire
Center.
9.2.2.3.1.1.1 Cap on Unbundled DS1 Loop Circuits. CLEC may
obtain a maximum of ten (10) unbundled DS1 Loops to any single
building in which DS1 Loops are available as Unbundled Loops.
9.2.2.3.1.2 DS3 Unbundled Loops. Subject to the cap described
in Section 9.2.2.3.1.2.1, Owest shall provide CLEC with non-
discriminatory access to a DS3 Loop on an unbundled basis to any
building not served by a Wire Center with at least 38,000 Business Lines
and at least four (4) Fiber-based Collocators. If a Wire Center exceeds
both of these thresholds, no future DS3 Loop unbundling is required in
that Wire Center.
9.2.2.3.1.2.1 Cap on Unbundled DS3 Loop Circuits. CLEC may
obtain a maximum of a single unbundled DS3 Loop to any single
building in which DS3 Loops are available as unbundled Loops.
9.2.2.3.2 If CLEC orders a 2/4 wire non-loaded Unbundled Loop for an End
User Customer served by a digital loop carrier system, Owest wil conduct an
assignment process which considers the potential for an LST or alternative
copper facility. If no copper facility capable of supporting the requested service is
available, then Owest wil reject the order.
9.2.2.4 Non-Loaded Loops. CLEC may request that Owest provide a non-loaded
Unbundled Loop. In the event that no such facilties are available, CLEC may request
that Owest condition existing spare facilities. CLEC may indicate on the LSR that it pre-
approves conditioning if conditioning is necessary. If CLEC has not pre-approved
conditioning, Owest wil obtain CLEC's consent prior to undertaking any conditioning
efforts. Upon CLEC pre-approval or approval of conditioning, and only if conditioning is
necessary, Owest wil dispatch a technician to condition the Loop by removing load coils
and excess Bridged Taps to provide CLEC with a non-loaded Loop. CLEC wil be
charged the nonrecurring conditioning charge (Le., cable unloading and Bridged Taps
removal), if applicable, in addition to the Unbundled Loop installation nonrecurringcharge. '
.
9.2.2.4.1 Where Owest fails to meet a Due Date for performing Loop
conditioning, CLEC shall be entitled to a credit equal to the amount of any
conditioning charges applied, where it does not secure the Unbundled Loop
involved within three (3) months of such Due Date. Where Owest does not
perform conditioning in accord with the standards applicable under this
Agreement, CLEC shall be entitled to a credit of one-half (1/2) of the conditioning
charges made, unless CLEC can demonstrate that the Loop as conditioned is
incapable of substantially performing the functions normally within the
parameters applicable to such Loop as this Agreement requires Owest to deliver
it to CLEC. In the case of such fundamental failure, CLEC shall be entitled to a
credit of all conditioning charges, except where CLEC asks Owest to cure any .
defect and Owest does so. In the case of such cure, CLEC shall be entitled to
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 155
Section 9
Unbundled Network Elements.the one-half (1/2) credit identified above.
9.2.2.5 When CLEC requests a Basic Rate ISDN capable or an xDSL-1 capable
Loop, Qwest wil dispatch a technician, if necessary, to provide Extension Technology
that takes into account for example: the additional regenerator placement, Central Office
powering, Mid-Span repeaters, if required, and BRITE cards in order to provision the
Basic Rate ISDN capable and xDSL-1 capable Loop. Extension Technology may be
required in order to bring the circuit to the specifications necessary to accommodate the
requested service. If the circuit design requires Extension Technology, to bring it up to
the design standards, it wil be added by Qwest, at no charge. Extension Technology
can also be requested by CLEC to meet its specific needs. If Extension Technology is
requested by CLEC, but is not required to meet the technical standards, then Qwest wil
provide the requested Extension Technology and wil charge CLEC. Qwest wil
provision ISDN (BRI) capable and xDSL-1 capable Loops using the specifications in the
Technical Publication 77384. Refer to that document for more information. CLEC wil
be charged an Extension Technology recurring charge in addition to the Unbundled
Loop recurring charge, if applicable, as specified in Exhibit A of this Agreement. The
ISDN Capable Loop may also require conditioning (e.g., removal of load coils or Bridged
Taps).
9.2.2.6 For DS1 or DS3 capable Loops, Qwest wil provide the necessary
electronics at both ends, including any intermediate repeaters. In addition, CLEC wil
have access to these terminations for testing purposes..9.2.2.6.1 DS1 capable Loops provide a transmission path between a
Central Office network interface at a DS1 panel or equivalent in a Qwest serving
Central Ofice and the network interface at the End User Customer location. DS1
capable Loops transport bi-directional DS1 signals with a nominal transmission
rate of 1.544 Mbit/s. DS1 capable Loops shall meet the design requirements
specified in Technical Publication 77384 (Unbundled Loops) and 77375 (DS1).
9.2.2.6.2 DS3 capable Loops provide a transmission path between a Qwest
Central Offce network interface and an equivalent network interface at an End
User Customer location. DS3 capable Loops transport bi-directional DS3 signals
with a nominal transmission rate of 44.736 Mbit/s. DS3 capable Loops shall
meet the design requirements specified in Technical Publications 77384
(Unbundled Loop) and 77324 (DS3).
9.2.2.7 Qwest is not obligated to provision BRI-ISDN, xDSL-I-capable, DS10r
DS3-capable Loops to End User Customers in areas served exclusively by Loop
facilities or transmission equipment that are not compatible with the requested service.
.
9.2.2.8 Loop Qualification Tools. Qwest offers five (5) Loop qualification tools:
the Loop Qualification Tool, Raw Loop Data Tool, POTS Conversion to Unbundled Loop
Tool, MegaBit Qualification Tool, and ISDN Qualification TooL. These and any future
Loop qualification tools Qwest develops wil provide CLEC access to Loop qualification
information in a nondiscriminatory manner and will provide CLEC the same Loop
qualification information available to Qwest. CLEC may request an audit of Qwests
company records, back office systems and databases pertaining to Loop information
pursuant to Section 18 of this Agreement.
January 13, 201 O/msd/lntrado/lD/CDS~ 100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 156
Section 9
Unbundled Network Elements
9.2.2.8.1 Loop Qualification TooL. CLEC may use the Loop Qualification
tool to pre-qualify the requested circuit utilzing the existing telephone number or .
address to determine whether it meets DSL specifications. The qualification
process screens the circuit for compliance with the design requirements specified
in .Technical Publication 77399.
9.2.2.8.2 Raw Loop Data Tools. Qwest offers two (2) types of Raw Loop
Data TooL. If CLEC has a digital certificate, CLEC may access the Wire Center
Raw Loop Data Tool via http://ecom.qwest.com. The Wire Center Raw Loop
Data Tool provides CLEC the following information: Wire Center CLLI code,
cable name, pair name, terminal address, ML T di$tance, segment (F1, F2), sub-
segment (e.g., 1 of F1), segment length, segment gauge, Bridged Taps length by
segment, Bridged Taps offset distance, load coil type, and pair gain type. CLEC
may also access the IMA Raw Loop Data Tool for Loop specific information. The
IMA Raw Loop Data Tool may be accessed through IMA-GUI or IMA-EDI. This
tool provides CLEC the following information: Wire Center CLLI code, cable
name, pair name, terminal address, ML T distance, segment (F1, F2), sub-
segment (e.g., 1 of F1), segment length, segment gauge, Bridged Taps length by
segment, Bridged Taps offset distance, load coil type, number of loads, and pair
gain type.
9.2.2.8.5 ISDN Qualification TooL. The ISDN Qualification Tool is
available to CLEC through IMA-GUI or IMA-EDI. This tool permits CLEC to view
information on multiple lines and wil inform CLEC of the number of lines found.
If an ISDN capable Loop is found, the tool identifies the facility and, if applicable,
pair gain.
9.2.2.8.6 If the Loop make-up information for a particular facility is not
contained in the Loop qualification tools, if the Loop qualification tools return
unclear or incomplete information, or if CLEC identifies any inaccuracy in the
information returned from the Loop qualification tools, and provides Qwest with
the basis for CLEC's belief that the information is inaccurate, then CLEC may
request, and Qwest wil perform a manual search of the company's records, back
office systems and databases where Loop information resides. Qwest will
provide CLEC, via email, the Loop information identified during the manual
search within forty-eight (48) hours of Qwests receipt of CLEC's request for
manual search. The email wil contain the following Loop makeup information:
composition of the Loop material; location and type of pair gain devices, the
existence of any terminals, such as Remote Terminals or digital loop terminals,
Bridged Tap, and load coils; Loop length, and wire gauge. In the case of Loops
served by digital loop carrier, the email wil provide the availabilty of spare feeder .
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 157
Section 9
Unbundled Network Elements.and distribution facilties that could be used to provision service to the End User
Customer, including any spare facilties not connected to the Switch and Loop
makeup for such spare facilities. After completion of the investigation, Qwest wil
load the information into the Loop Facilities Assignment and Control System
(LFACS) database, which will populate this Loop information into the fields in the
Loop qualification tools.
9.2.2.9 Provisioning Options. The following provisioning options are available for
Unbundled Loop elements. Charges for these Provisioning options vary depending on
the type of Loop requested. Rates are contained in Exhibit A of this Agreement. Testing
parameters are described below and in Qwest Technical Publication 77384, Qwest
Interconnection Service - Unbundled Loop.
9.2.2.9.1 Basic Installation. Basic Installation may be ordered for new or
existing Unbundled Loops. Upon completion, Qwest wil call CLEC to notify
CLEC that the Qwest work has been completed.
9.2.2.9.1.1 For an existing End User Customer, the Basic
Installation option is a "lift and lay" procedure. The Central Office
Technician (COT) "lifts" the Loop from its current termination and "lays" it
on a new termination connecting to CLEC. There is no associated circuit
testing performed.
.9.2.2.9.1.2 For new End User Customer service, the Basic
Installation option involves the COT and Field Technician (CST/NT)
completing circuit wiring and performing the required performance tests to
ensure the new circuit meets the required parameter limits. The test
results are NOT provided to CLEC.
9.2.2.9.1.3 For basic installation of existing 2/4 wire analog
Loops, Qwest provides a Quick Loop with or without Local Number
Portability (LNP) option, that enables CLEC to receive the Quick Loopinstallation interval as set forth in Exhibit C. Quick Loop installation
without LNP includes only a simple lift and lay procedure. Quick Loop
with LNP installation provides a lift and lay, and the LNP functions. Quick
Loop is not available with cooperative testing, coordinated installation, or
when unbundling from an IDLC to a copper alternative.
9.2.2.9.2 Basic Installation with Performance Testing. Basic Installation
with Performance Testing may be ordered for new or existing Unbundled Loops.
9.2.2.9.2.1 For an existing End User Customer, Basic
Installation with Performance Testing is a "lift and lay" procedure. The
Central Office Technician (COT) "lifts" the Loop from its current
termination and "lays" it on a new termination connecting CLEC. The
COT and ImplementorfTester perform the required performance tests to
ensure that the new circuit meets required parameter limits.
.9.2.2.9.2.2 The Qwest ImplementorfTester wil read the test
results to CLEC on close-out and email the performance test results
within two (2) business days to a single, designated CLEC office email
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 158
Section 9
Unbundled Network Elements
address.
9.2.2.9.2.3 For new End User Customer service, the Basic
Installation with Performance Testing option requires a dispatch to the
End User Customer premises. The COT and Field Technician complete
circuit wiring and perform the required performance tests to ensure the
new circuit meets the required parameter limits. These test results are
read to CLEC by the Qwest ImplementorlTester on close-out. Within two
(2) business days, Qwest will email the performance test results to a
single, designated CLEC office email address.
9.2.2.9.3 Coordinated Installation With Cooperative Testing. Coordinated
Installation With Cooperative Testing may be ordered for new or existing service.
For both new and existing service, CLEC must designate a specific "Appointment
Time" when it submits the LSR. On the Due Date (DD), atCLEC's designated
Appointment Time, the Qwest ImplementorlTester contacts CLEC to ensure
CLEC is ready for installation. If CLEC is not ready within thirty (30) minutes of
the scheduled Appointment Time, then CLEC must reschedule the installation by
submitting a supplemental LSR for a new Due Date and Appointment Time. If
Qwest is not ready within thirty (30) minutes of the scheduled Appointment Time,
Qwest will waive the nonrecurring charge for the installation option, and the
Parties will attempt to set a new appointment for the same day. If Qwest fails to
perform cooperative testing due to Qwests fault, Qwest will waive the
nonrecurring charge for the installation option. If CLEC stil desires cooperative
testing, the Parties wil attempt to set a new Appointment Time on the same day
and, if unable to do so, Qwest wil issue a jeopardy notice and a FOC with a new
Due Date.
9.2.2.9.3.1 For an existing End User Customer, Coordinated
Installation With Cooperative Testing is a "lift and lay" procedure with
cooperative testing. The COT completes the installation in the Central
Office and performs testing that CLEC requests. Upon completion of
Qwest performance testing, the Qwest ImplementorlTester wil contact
CLEC, read the Qwest test results, and begin CLEC cooperative testing.
Within two (2) business days, Qwest wil email the Qwest test results to a
single, designated CLEC offce email address. CLEC wil be charged for
any Provisioning test CLEC requests that is not defined in the Qwest
Technical Publication 77384.
9.2.2.9.3.2 For new End User Customer service, Coordinated
Installation With Cooperative Testing may require a dispatch of a
technician to the End User Customer premises. The COT and Field
Technician complete circuit wiring and perform the required performance
tests to ensure that the new circuit meets required parameter limits.
Upon completion of Qwest performance testing, the Qwest
ImplementorlTester will contact CLEC, read the Qwest test results, and
begin CLEC cooperative testing. Within two (2) business days, Qwest wil
email the Qwest test results to a single, designated CLEC office email
address. CLEC wil be charged for any Provisioning test not defined in
the Qwest Technical Publication 77384.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 159
.
.
.
Section 9
Unbundled Network Elements.9.2.2.9.4 Coordinated Installation Without Cooperative Testing.
Coordinated Installation Without Cooperative Testing may be ordered for new or
existing service. For both new and existing service, CLEC must designate a
specific "Appointment Time" when it submits the LSR. On the Due Date (DD), at
CLEC's designated Appointment Time, the Qwest Implementorrrester contacts
CLEC to ensure CLEC is ready for installation. If CLEC is not ready within thirty
(30) minutes of the scheduled Appointment Time, then CLEC must reschedule
the installation by submitting a supplemental LSR. If Qwest is not ready within
thirty (30) minutes of the scheduled Appointment Time, Qwest wil waive the
nonrecurring charge for the installation option and the Parties wil attempt to set a
new Appointment Time on the same day and, if unable to do so, Qwest wil issue
a jeopardy notice and a FOC with a new Due Date.
9.2.2.9.4.1 For an existing Unbundled Loop this Coordinated
Installation Without Cooperative Testing is a "lift and lay" procedure
without a dispatch that offers CLEC the ability to coordinate the
conversion activity. The Qwest Implementor advises CLEC when the "lift
and lay" procedure is complete.
.
9.2.2.9.4.2 For new Unbundled Loops, Qwest may dispatch a
technician to terminate the new circuit at the End User Customer
premises. The Field Technician wil not remain on the premises to
perform the coordinated installation once the circuit is in place. The COT
completes the installation in the Central Office, and the COT and
Implementorrrester complete the required performance tests to ~nsure
that the new circuit meets required parameter limits. CLEC wil not
receive test results. When installation is complete, Qwest wil notify
CLEC.
9.2.2.9.5 Basic Installation With Cooperative Testing. Basic Installation
With Cooperative Testing may be ordered for new or existing Unbundled Loops.
9.2.2.9.5.1 For an existing End User Customer, Basic
Installation With Cooperative Testing is a "lift and lay" procedure with
cooperative testing on the Due Date. The COT "lifts" the Loop from its
current termination and "lays" it on a new termination connecting to
CLEC. Upon completion of Qwest performance testing, the Qwest
Implementorrrester wil contact CLEC, read the Qwest test results, and
begin CLEC cooperative testing. Within two (2) business days, Qwest wil
email the Qwest test results to a single, designated CLEC office email
address. CLEC and Qwest wil perform a loop back acceptance test,
accept the Loop and exchange demarcation information.
9.2.2.9.5.2 For new End User Customer service, Basic
Installation With Cooperative Testing may require a dispatch to the End
User Customer premises. The COT and Field Technician complete
circuit wiring and perform the required performance tests to ensure the
new circuit meets the required parameter limits..9.2.2.9.5.3 If Qwest fails to perform cooperative testing due to
Qwests fault, Qwest wil waive the nonrecurring charge for the installation
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 160
Section 9
Unbundled Network Elements
option. If CLEC still desires cooperative testing, the Parties will attempt to ."
set a new Appointment Time on the same day and, if unable to do so,
Qwest wil issue a jeopardy notice and a FOC with a new Due Date.
9.2.2.9.6 Performance Testing.
performance tests for various Loop types:
Qwest performs the following
a) 2-Wire and 4-Wire Analog Loops
No Opens, Grounds, Shorts, or Foreign Volts
Insertion Loss = 0 to -8.5 dB at 1004 Hz
Automatic Number Identification (ANI) when dial-tone is present
b) 2-Wire and 4-Wire Non-Loaded Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
Insertion Loss = 0 to -8.5 dB at 1004 Hz
Automatic Number Identification (ANI) when dial-tone is present
c) Basic Rate ISDN and xDSL-I-Capable Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts .Insertion Loss = ~ 40 dB at 40 kHz
Automatic Number Identification (ANI) when dial-tone is present
d) DS1-Capable Loops
No Load Coils, Opens, Grounds, Shorts, or Foreign Volts
e) DS3-Capable Loops
Continuity Testing
9.2.2.9.7 Project Coordinated Installation: A Project Coordinated
Installation permits CLEC to obtain a coordinated installation for Unbundled
Loops with or without LNP, where CLEC orders Unbundled DS1-capable,
Unbundled DS3-capable or twenty-five (25) or more DSO Unbundled Loops.
9.2.2.9.7.1 The date and time for the Project Coordinated
Installation requires up-front planning and may need to be negotiated
between Qwest and CLEC. All requests wil be processed on a first
come, first served basis and are subject to Qwests ability to meet a
reasonable demand. Considerations such as system down time, Switch
upgrades, Switch maintenance, and the possibility of other CLECs
requesting the same Frame Due Time (FDT)in the same Switch (Switch .
contention) must be reviewed. In the event that any of these situations
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 161
Section 9
Unbundled Network Elements.would occur, Owest wil negotiate with CLEC for an agreed upon FDT,
prior to issuing the Firm Order Confirmation (FOC). In special cases
where CLEC is ordering Unbundled Loop with LNP, the FDT must be
agreed upon, the interval to reach agreement wil not exceed two (2) days
from receipt of an accurate LSR. In addition, standard intervals will apply.
9.2.2.9.7.2 CLEC shall request a Project Coordinated
Installation by submitting a Local Service Request (LSR) and designating
this order as a Project Coordinated Installation in the remarks section of
the LSR form.
9.2.2.9.7.3 CLEC wil incur additional charges for the Project
Coordinated Installation dependent upon the coordinated time. The rates
are based upon whether the request is within Owests standard
installation hours or out of hours. Owest standard installation hours for
Unbundled Loops are 8:00 a.m. to 5:00 p.m. (local time), Monday through
Friday, excluding holidays. Where LNP is included, see Section 10.2.5.4
for rate elements.
.
9.2.2.9.7.4 Owest wil schedule the appropriate number of
employees prior to the cut, normally not to exceed four (4) employees,
based upon information provided by CLEC. If the Project Coordinated
Installation includes LNP, CLEC wil also have appropriate personnel
scheduled for the negotiated FDT. If CLEC's information is modified
during the installation, and, as a result, non-scheduled employees are
required, CLEC shall be charged a three (3) hour minimum callout charge
per each additional non-scheduled employee. If the installation is either
cancelled, or supplemented to change the Due Date, within twenty-four
(24) hours of the negotiated FDT, CLEC will be charged a one (1) Person
three (3) hour minimum charge. For Project Coordinated Installations
with LNP, if the Coordinated Installation is cancelled due to a Owest error
or a new Due Date is requested by Owest, within twenty-four (24) hours
of the negotiated FDT, Owest may be charged by CLEC one (1) Person
three (3) hour minimum charge.
.
9.2.2.9.7.5 If CLEC orders Project Coordinated Installation with
LNP and in the event the LNP conversion is not successful, CLECand
Owest agree to isolate and fix the problem in a timeframe acceptable to
CLEC or the End User Customer. If the problem cannot be corrected
within an acceptable timeframe to CLEC or the End User Customer,
CLEC may request the restoral of Owest service for the ported End User
Customer. Such restoration shall begin immediately upon request. If
CLEC is in error then a supplemental order shall be provided to Owest. If
Owest is in error, no, supplemental order or additional order wil be
required of CLEC.
9.2.2.9.7.6 If CLEC orders Project Coordinated Installation with
LNP, Owest shall ensure that any LNP order activity requested in
conjunction with a Project Coordinated Installation shall be implemented
in a manner that avoids interrupting service to the End User Customer.
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 162
Section 9
Unbundled Network Elements
9.2.2.10 CLEC may request Qwest to Commingle DS1 or DSO analog voice grade
unbundled Loops with DS3 or DS1 multiplexed facilities ordered by CLEC from Qwest's .
special access or private line Tariffs. Terms and conditions for this Commingled
arrangement are provided in Section 9.25 of this Agreement.
9.2.2.11 In order to properly maintain and modernize the network, Qwest may
make necessary modifications and changes to Unbundled Loops, ancilary and Finished
Services in its network on an as needed basis. Such changes may result in minor
changes to transmission parameters. Changes that affect network Interoperability
require advance notice pursuant to the Notices Section of this Agreement.
9.2.2.12 If there is a conflict between an End User Customer (or its respective
agent) and CLEC regarding the disconnection or Provisioning of Unbundled Loops,
Qwest wil advise the End User Customer to contact CLEC, and Qwest will initiate
contact with CLEC.
9.2.2.13 Facilities and lines Qwest furnishes on the premises of CLEC's End User
Customer up to and including the Loop Demarcation Point are the property of Qwest.
Qwest shall have reasonable access to all such facilities for network management
purposes. Qwest wil coordinate entry dates and times with appropriate CLEC personnel
to accommodate testing, inspection repair and maintenance of such facilties and lines.
CLEC wil not inhibit Qwests employees and agents from entering said premises to test,
inspect, repair and maintain such facilities and lines in connection with such purposes or,
upon termination or cancellation of the Unbundled Loop service, to remove such facilties
and lines. Such entry is restricted to testing, inspection, repair and maintenance of
Qwests property in that facility. Entry for any other purpose is subject to audit provisions
in the Audit section of this Agreement..
9.2.2.14 Intentionally Left Blank.
9.2.2.15 Reuse of Loop Facilities
9.2.2.15.1 When an End User Customer contacts Qwest with a request to
convert their local service from CLEC to Qwest, Qwest wil notify CLEC of the
loss of the End User Customer, and wil disconnect the Loop Qwest provided to
CLEC. Qwest wil disconnect the Loop only where Qwest has obtained proper
Proof of Authorization.
9.2.2.15.2 When CLEC contacts Qwest with a request to convert an End
User Customer from their Current Service Provider to CLEC, CLEC is
responsible for notifying the Current Service Provider of the conversion. Qwest
wil disconnect the Loop Qwest provided the Current Service Provider and, at
CLEC's request, where technically compatible, wil reuse the Loop for the service
requested by CLEC (e.g., resale service).
9.2.2.15.3 When CLEC contacts Qwest with a request to convert an End
User Customer from Qwest to CLEC, at CLEC request, Qwest will reuse the
existing Loop facilties for the service requested by CLEC to the extent those
facilities are technically compatible with the service to be provided. Upon CLEC
request, Qwest will condition the existing Loop in accordance with the rates set .'
forth in Exhibit A.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 163
.
.
.
Section 9
Unbundled Network Elements
9.2.2.15.4 Upon completion of the disconnection of the Loop, Qwest wil
send a Loss Notification report to the original competitive Carrier signifying
completion of the loss.
9.2.2.16 Lack of Facilities; Priority Right to Facilities. In the event Qwest notifies
CLEC that facilities ordered are not available from Qwest at the time of the order, Qwest
shall maintain the order as pending for a period of thirty (30) business days. If facilities
become available to fill the order within that thirty (30) business day period, Qwest shall
notify CLEC of such availabilty. CLEC and Qwest acknowledge that the availability of
facilities hereunder is on a first come, first served basis. Any facility orders placed by
any other provider, including Qwest, which predate CLEC's order shall have priority for
any facilities made available under the terms of this section.
9.2.3 Rate Elements
The following recurring and nonrecurring rates for Unbundled Loops are set forth in Exhibit A.
Recurring charges vary based on CLEC selected installation options, conditioning, and
extension technology. Exhibit A also provides Miscellaneous Charges.
9.2.3.1 2/4 Wire Analog Loop (Voice Grade) Recurring and Nonrecurring rates.
9.2.3.2 2/4 Wire Non-Loaded Loop Recurring and Nonrecurring rates.
9.2.3.3 DS1 and DS3-Capable Loop, Basic Rate (BRI) ISDN and xDSL-I-Capable
Loop Recurring and Nonrecurring rates.
9.2.3.3.1 DSO, DS1, and DS3-Capable Loop Conversion. Nonrecurring
rates associated with the conversion of special access or private lines to
Unbundled Loops.
9.2.3.4 Extension Technology Recurring and Nonrecurring rates for Digital
Capable Loops, including Basic Rate (BRI) ISDN and xDSL-1 Capable Loops.
9.2.3.5 Conditioning Nonrecurring rates for 2/4 wire non-loaded Loops, Basic
Rate (BRI) ISDN and xDSL-1 Capable Loop, as requested and approved by CLEC.
9.2.3.6 All miscellaneous services as described in Section 9.1.12 are available
with Unbundled Loops. Miscellaneous Charges apply for miscellaneous services.
9.2.3.7 Miscellaneous Charges for Out of Hours Coordinated Installations.
9.2.3.7.1
9.2.3.7.2
9.2.3.7.3
9.2.3.7.4
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
9.2.3.7.5 For coordinated installations scheduled to commence Out of
Hours, or rescheduled by CLEC to commence Out of Hours, CLEC wil incur
additional labor - installation Miscellaneous Charges in addition to regular
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 164
Section ,9
Unbundled Network Elements
nonrecurring charges for the installation..9.2.3.8 Conversions of private line/special access circuits to Unbundled Loops.
9.2.4 Ordering Process
9.2.4.1 Unbundled Loops are ordered via anLSR. Ordering processes are
contained in the Operational Support Systems Section of this Agreement. Detailed
ordering processes are found on the Qwest wholesale web site.
9.2.4.2 Prior to placing orders on behalf of the End User Customer, CLEC shall
be responsible for obtaining and have in its possession a Proof of Authorization.
9.2.4.3 Based on the pre-order Loop make-up, CLEC can determine if the circuit
can meet the technical parameters for the specific service CLEC intends to offer.
9.2.4.3.1 Before submitting an order for a 2/4 wire non-loaded Loop, ISDN
capable Loop or xDSL-1 capable Loop, CLEC should use one of Qwests Loop
make-up tools available via IMA-EDI, IMA-GUI, or the web-based application
interface to obtain specific information about the Loop CLEC seeks to order.
9.2.4.3.1.1 Based on the Loop make up information provided
through Qwest tools, CLEC must determine whether conditioning is
required to provide the xDSL service it intends to offer. If Loop
conditioning is required, CLEC may authorize Qwest to perform such
Loop conditioning on its LSR. If CLEC does not pre-approve Loop .
conditioning, Qwest wil assume that CLEC has determined that Loop
conditioning is not necessary to provide the xDSL service CLEC seeks to
offer. If CLEC or Qwest determines that conditioning is necessary, and
CLEC authorizes Qwest to perform the conditioning, Qwest will perform
the conditioning. CLEC will be charged for the conditioning in accordance
with the rates in Exhibit A. If Qwest determines that conditioning is
necessary and CLEC has not previously authorized Qwest to perform the
conditioning on the LSR, Qwest wil send CLEC a rejection notice
indicating the need to obtain approval for conditioning. CLEC must
submit a revised LSR before the conditioning work wil commence. Once
Qwest receives the revised LSR, the fifteen (15) business day
conditioning interval wil begin as described in Section 9.2.4.9.
9.2.4.3.1.2 For a 2/4 wire non-loaded Loop, ISDN-capable
Loop, and xDSL-I-capable Loop, or DS1-capable Loop, Qwest wil return
a Firm Order Confirmation (FOC) to CLEC within seventy-two (72) hours
from receipt of a valid and accurate LSR. Return of such FOC wil
indicate that Qwest has identified a Loop assignment. Such FOC wil
provide CLEC with a firm Due Date commitment or indication that
appropriate facilities are not available to fil CLEC's order.
9.2.4.3.1.2.1 If CLEC has pre-approved Loop
conditioning, and conditioning is not necessary, Qwest wil return
the FOC with the standard interval (Le., five (5) days)..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 165
Section 9
Unbundled Network Elements.9.2.4.3.1.2.2 If CLEC has not pre-approved Loop
conditioning and Owest determines that the Loop contains load
coils, Owest wil notify CLEC via a reject notification. CLEC must
submit a new version of the LSR approving Loop conditioning. In
this scenario, the Application Date wil correspond to the date the
new version is received by Owest.
9.2.4.3.1.2.3
9.2.4.3.1.2.4
Intentionally Left Blank.
Intentionally Left Blank.
9.2.4.4 Installation intervals for all Unbundled Loops are defined in Exhibit C.
The interval wil start when Owest receives a complete and accurate LSR. The LSR
date is considered the start of the service interval if the order is received prior to 7:00
p.m. For service requests received after 7:00 p.m., the service interval wil begin on the
next business day.
.
9.2.4.4.1 When CLEC places an order for an Unbundled Loop with Owest
that is complete and accurate, Owest wil reply to CLEC with a Firm Order
Confirmation within the time specified in Section 20. The Firm Order
Confirmation wil contain the Due Date that specifies the date on which Owest
will provision the Loop. Owest will implement adequate processes and
procedures to assure the accuracy of the commitment date. If Owest must make
changes to the commitment date, Owest wil promptly issue a jeopardy
notification to CLEC that wil clearly state the reason for the change in
commitment date. Owest will also submit a new Firm Order Confirmation that wil
clearly identify the new Due Date.
9.2.4.5 Installation intervals for Unbundled Loops apply when Owest has facilities
or network capacity available.
9.2.4.6 Upon CLEC request, Owest wil convert special access or private line
circuits to Unbundled Loops provided the service originates at CLEC's Collocation in the
Serving Wire Center. The Loop conversion ordering process applies.
9.2.4.7 Intentionally Left Blank.
9.2.4.8 When ordering Unbundled Loops, CLEC is responsible for obtaining or
providing facilities and equipment that are compatible with the service CLEC seeks to
provide.
9.2.4.9
the Loop.
9.2.4.9.1 When load coils and Bridged Taps do not exist, CLEC may
request the standard Due Date interval, which wil apply upon submission of a
complete and accurate LSR.
The installation interval for xDSL Loops depends on the need to condition
.9.2.4.9.2 When load coils and/or Bridged Taps do exist, CLEC wil
request the minimum fifteen (15) business days Desired Due Date. CLEC can
determine the existence of load coils or Bridged Taps by using one of the Loop
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 166
Section 9
Unbundled Network Elements
make-up tools. CLEC may pre-approve line conditioning on the LSR and, by
doing so, CLEC agrees to pay any applicable conditioning charges. If CLEC did .
not request the fifteen (15) day interval and Owest determines that conditioning is
required, then the fifteen (15) business day interval starts when the need for
conditioning is identified and CLEC approves the conditioning charges.
9.2.4.10 Out of Hours Coordinated Installations
9.2.4.10.1 For purposes of this Section, Owests standard installation hours
are 8:00 a.m. to 5:00 p.m. (local time), Monday through Friday, excluding
holidays. CLEC may request an out of hours Coordinated Installation outside of
Owests standard installation hours. Installations requested outside of standard
installation hours are considered to be out of hours Installations.
9.2.4.10.2 Intentionally Left Blank.
9.2.4.10.3 To request out of hours Coordinated Installations, CLEC wil
submit an LSR designating the desired appointment time. CLEC must specify an
out of hours Coordinated Installation in the "remarks" section of the LSR.
9.2.4.10.4 The date and time for out of hours Coordinated Installations may
need to be negotiated between Owest and CLEC because of system downtime,
Switch upgrades, Switch maintenance, and the possibilty of other CLECs
requesting the same appointment times in the same Switch (Switch contention).
9.2.5 Maintenance and Repair
9.2.5.1 CLEC is responsible for its own End User Customer base and will have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. CLEC wil perform trouble isolation on the Unbundled Loop and any
associated ancilary services prior to reporting trouble to Owest. CLEC shall have
access for testing purposes at the NID or Loop Demarcation Point.Owest will work
cooperatively with CLEC to resolve trouble reports when the trouble condition has been
isolated and found to be within a portion of Owests network. Owest and CLEC will
report trouble isolation test results to the other. For Unbundled Loops, each Party shall
be responsible for the costs of performing trouble isolation on its facilities, subject to
Sections 9.2.5.2 and 9.2.5.3.
.
9.2.5.2 When CLEC requests that Owest perform trouble isolation with CLEC, a
Maintenance of Service charge applies if the trouble is found to be on CLEC's side or on
the End User Customer's side of the Loop Demarcation Point. If the trouble is on the
End User Customer's side of the Loop Demarcation Point, CLEC is required to perform
its own maintenance.
9.2.5.3 Before submitting a repair request to Owest, GLEC wil isolate trouble to
the Owest network and must submit test results indicating the location of the trouble
when submitting the repair request. If a trouble ticket with test results is accepted by
Owest, and Owest determines that the trouble is on CLEC's or the End User Customer's
side of the Loop Demarcation Point, a Maintenance of Service charge applies. If CLEC
elects not to perform trouble isolation and Owest performs tests on the Unbundled Loop
at CLEC's request, a Maintenance of Service charge applies. Maintenance and Repair .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 167
Section 9
Unbundled Network Elements.processes are set forth in Section 12.3 of this Agreement.
9.2.5.4 Qwest wil maintain detailed records of trouble reports of CLEC-ordered
Unbundled Loops, comparing CLEC provided data with internal data, and evaluate such
reports on at a minimum of a quarterly basis to determine the cause of Loop problems.
Qwest will conduct a quarterly root cause analysis of problems associated with Loops
provided to CLEC by Qwest. Based on this analysis, Qwest wil take corrective measure
to fix persistent and recurrent problems, reporting to CLEC on the analysis and the
process changes that are instituted implemented to fix the problems.
9.2.5.5 Qwest shall allow access to the NID for testing purposes where access at
the Demarcation Point is not adequate to allow testing sufficient to isolate troubles; in the
event that Qwest chooses not to allow such access, it shall waive any trouble isolation
charges that may otherwise be applicable.
9.2.6 Spectrum Management
9.2.6.1 Qwest wil provide 2/4 Wire non-loaded Loops, ISDN-capable Loops,
xDSL-I-capable Loops, DS1-capable Loops, and DS3-capable Loops (collectively
referred to in this Section 9.2.6 as "xDSL Loops") in a non-discriminatory manner to
permit CLEC to provide Advanced Services to its End User Customers. Such Loops are
defined herein and are in compliance with FCC requirements and guidelines
recommended by the Network Reliability and Interoperability Council (NRIC) to the FCC,
such as guidelines setforth in T1-417..9.2.6.2 When ordering xDSL Loops, CLEC wil provide Qwest with appropriate
information using NC/NCI codes to describe the Power Spectral Density Mask (PSD) for
the type of technology CLEC will deploy. CLEC also agrees to notify Qwest of any
change in Advanced Services technology that results in a change in spectrum
management class on the xDSL Loop. Qwest agrees CLEC need not provide the speed
or power at which the newly deployed or changed technology wil operate if the
technology fits within a generic PSD mask.
9.2.6.2.1 CLEC information provided to Qwest pursuant to Section 9.2.6.2
shall be deemed Confidential Information and Qwest may not distribute, disclose
or reveal, in any form, this material other than as allowed and described in
subsections of 9.2.6.2.
9.2.6.2.2 The Parties may disclose, on a need to know basis only, CLEC
Confidential Information provided pursuant to Section 9.2.6.2, to legal personnel,
if a legal issue arises, as well as to network and growth planning personnel
responsible for spectrum management functions. In no case shall the
aforementioned personnel who have access to such Confidential Information be
involved in Qwests retail marketing, sales or strategic planning.
.
9.2.6.3 If CLEC wishes to deploy new technology not yet designated with a PSD
mask, Qwest and CLEC agree to work cooperatively to determine Spectrum
Compatibility. Qwest and CLEC agree, as defined by the FCC, that technology is
presumed acceptable for deployment when it complies with existing industry standards,
is approved by a standards body or by the FCC or Commission, of if technology has
been deployed elsewhere without a "significant degradation of service".
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 168
Section 9
Unbundled Network Elements
9.2.6.4 Qwest recognizes that the analog T1 service traditionally used within its
network is a "known Disturbet' as designated by the FCC. Qwest will place such T1 s, .
by whomever employed, within binder groups in a manner that minimizes interference.
Where such placement is insufficient to eliminate interference that disrupts other
services being provided, Qwest shall, whenever it is Technically Feasible, replace its
T1 s with a technology that wil eliminate undue interference problems. Qwest also
agrees that any future "known Disturber" defined by the FCC or the Commission will be
managed as required by FCC rules.
9.2.6.5 If either Qwest or CLEC claims a service is significantly degrading the
performance of other Advanced Services or traditional voice band services, then that
Party must notify the causing Carrier and allow the causing Carrier a reasonable
opportunity to correct the problem. Upon notification, the causing Carrier shall promptly
take action to bring its facilities/technology into compliance with industry standards.
Upon request, within forty-eight (48) hours, Qwest wil provide CLEC with binder group
information including cable, pair, Carrier and PSD class to allow CLEC to notify the
causing Carrier.
9.2.6.6 If CLEC is unable to isolate trouble to a specific pair within the binder
group, Qwest, upon receipt of a trouble resolution request, wil perform a main frame pair
by pair analysis and provide results to CLEC within five (5) business days.
9.2.6.7 Intentionally Left Blank.
9.2.6.8 Qwest wil not have the authority to unilaterally resolve any dispute over
spectral interference among Carriers. Qwest shall not disconnect Carrier services to
resolve a spectral interference dispute, except when voluntarily undertaken by the
interfering Carrier or Qwest is ordered to do so by the Commission or other authorized
dispute resolution body. CLEC may submit any claims for resolution under Section 5.18
of this Agreement.
.
9.2.6.9 Where CLEC demonstrates to Qwest that it has deployed Central Offce
based DSL services serving a reasonably defined area, it shall be entitled to require
Qwest to take appropriate measures to mitigate the demonstrable adverse effects on
such service that arise from Qwests use of repeaters or remotely deployed DSL service
in that area. It shall be presumed that the costs of such mitigation will not be chargeable
to any CLEC or to any other Customer; however, Qwest shall have the right to rebut this
presumption, which it may do by demonstrating to the Commission by a preponderance
of the evidence that the incremental costs of mitigation would be sufficient to cause a
substantial effect upon other Customers (including but not limited to CLECs securing
UNEs) if charged to them. Upon such a showing, the Commission may determine how
to apportion responsibility for those costs, including, but not limited to CLECs taking
services under this Agreement.
9.2.7 Private line/special access circuits may be converted to Unbundled Loops
subject to the terms and conditions of this Agreement, including the following criteria: 1) must
be like-for-like facilities, e.g., DS1 private line to DS1 capable Unbundled Loop; 2) must
originate at CLEC's Collocation site in the serving Central Office; and 3) must terminate at an
End User Customets premises. The provisioning intervals for converting from private
line/special access to Unbundled Loop are located in the Service Interval Guide (SIG). .
Additional information can be found in the Product Catalog for Unbundled Loop.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 169
Section 9
Unbundled Network Elements.9.3 Subloop Unbundling
9.3.1 Description
.
9.3.1.1 An Unbundled Subloop is defined as the distribution portion of a copper
Loop or hybrid Loop comprised entirely of copper wire or copper cable that acts as a
transmission facility between any point that it is Technically Feasible to access at
terminals in Qwests outside plant (originating outside of the Central Office), including
inside wire owned or controlled by Qwest, and terminates at the End User Customer's
premises. An accessible terminal is any point on the Loop where technicians can
access the wire within the cable without removing a splice case to reach the wire within.
Such points may include, but are not limited to, the pole, pedestal, Network Interface
Device, minimum point of entry, single point of Interconnection, Remote Terminal,
Feeder Distribution Interface (FDI), or Serving Area Interface (SAl). CLEC shall not
have access on an unbundled basis to a feeder Subloop defined as facilties extending
from the Central Offce to a terminal that is not at the End User Customer's premises or
multiple tenant environment (MTE). CLEC shall have access to the feeder facilities only
to the extent it is part of a complete transmission path, not a Subloop, between the
Central Offce and the End User Customer's premises or MTE. This section does not
address Unbundled Dark Fiber MTE Subloop which is addressed in Section 9.7.
9.3.1.1.1 Building terminals within or physically attached to a privately
owned building in a Multiple Tenant Environment (MTE) are one form of
accessible terminaL. Throughout Section 9.3 the Parties obligations around such
"MTE Terminals" are segregated because Subloop terms and conditions differ
between MTE environments and non-MTE environments.
9.3.1.1.2 For any configuration not specifically addressed in this
Agreement, the conditions of CLEC access shall be as required by the particular
circumstances. These conditions include: (1) the degree of equipment
separation required, (2) the need for separate cross connect devices, (3) the
interval applicable to any Collocation or other provisioning requiring Qwest
performance or cooperation, (4) the security required to maintain the safety and
reliability of the facilties of Qwest and other CLECs, (5) the engineering and
operations standards and practices to be applied at Qwest facilities where they
are also used by CLECs for Subloop element access, and (6) any other
requirements, standards, or practices necessary to assure the safe and reliable
operation of all Carriers' facilities.
9.3.1.1.3 Any Party may request, under any procedure provided for by
this Agreement for addressing non-standard services or network conditions, the
development of standard terms and conditions for any configuration(s) for which
it can provide reasonably clear technical and operational charactenstics and
parameters. Once developed through such a process, those terms and
conditions shall be generally available to any CLEC for any configuration fitting
the requirements established through such process.
.9.3.1.1.4 Prior to the development of such standard terms and conditions,
Qwest shall impose in the six (6) areas identified in Section 9.3.1.1.2 above, only
those requirements or intervals that are reasonably necessary, and shall make its
determinations within ten (10) business days and shall apprise CLEC of the
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, Deceber 29,2008 170
9.3.1.2
a)
b)
c)
d)
9.3.1.3
9.3.1.4
Section 9
Unbundled Network Elements
conditions for access. If there is a dispute regarding the conditions for access, .
Qwest shall attempt to accommodate access pending resolution of the specific
issues in dispute.
9.3.1.1.4.1 MTE Terminals: Accessible terminals within a
building in a MTE environment or accessible terminals physically attached
to a building in a MTE environment. Qwest Premises located on real
property that constitutes a campus environment, yet are not within or
physically attached to a non-Qwestowned building, are not considered
MTE Terminals.
9.3.1.1.4.2 Detached Terminals: All accessible terminals other
than MTE Terminals.
9.3.1.1.5 Intentionally Left Blank.
Standard Subloops available.
Two-Wire/Four Wire Unbundled Distribution Loop
Intentionally Left Blank
Two-Wire/Four Wire Non-loaded Distribution Loop
Intrabuilding Cable Loop
Standard Subloop Access
9.3.1.3.1 Accessing Subloops in Detached Terminals: Subloop
unbundling is available after a CLEC-requested Field Connection Point (FCP)
has been installed within or adjacent to the Qwest accessible terminaL. The FCP
is a Demarcation Point connected to a terminal block from which Cross
Connections are run to Qwest Subloop elements.
.
9.3.1.3.2 Accessing Subloops in MTE Terminals: Subloop unbundling is
available after CLEC has notified Qwest of its intention to Subloop unbundle in
the MTE, during or after an inventory of CLEC's terminations has been created,
and CLEChas constructed a cross connect field at the building terminaL.
Field Connection Point
9.3.1.4.1 Field Connection Point (FCP) is a Demarcation Point that allows
CLEC to interconnect with Qwest outside of the Central Offce location where it is
Technically Feasible. The FCP interconnects CLEC facilities to a terminal block
within the accessible terminaL. The terminal block allows a technician to access
and combine Unbundled Subloop elements. When a FCP is required, it must be
in place before Subloop orders are processed.
9.3.1.4.2 Placement of a FCP within a Qwest Premises for the sole
purpose of creating a cross connect field to support Subloop unbundling
constitutes a "Cross Connect Collocation.".
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 171
.
.
.
Section 9
Unbundled Network Elements
9.3.1.4.2.1 The terms, conditions, intervals and rates for Cross
Connect Collocation are found within Section 9.3.
9.3.1.4.2.2 To the extent that CLEC places equipment in a
Owest Premises that requires power and or heat dissipation, such
Collocation is governed by the terms of Section 8 and does not constitute
a Cross Connect Collocation.
9.3.1.4.3 A FCP arrangement can be established either within a Owest
accessible terminal, or, if space within the accessible terminal is legitimately
exhausted and when Technically Feasible, CLEC may place the FCP in an
adjacent terminaL. CLEC will have access to the equipment placed within the
Collocation for maintenance purposes. However, CLEC wil not have access to
the FCP Interconnection point.
9.3.1.5 MTE Point of Interconnection (MTE-POI)
9.3.1.5.1 A MTE-POI is necessary when CLEC is obtaining access to the
Distribution Loop or Intrabuilding Cable Loop from an MTE TerminaL. CLEC must
create the cross connect field at the building terminal that wil allow CLEC to
connect its facilities to Owests Subloops. The Demarcation Point between
CLEC and Owests facilities is the MTE-POI.
9.3.1.6 Once a state has determined that it is Technically Feasible to unbundle
Subloops at a designated accessible terminal, Owest shall either agree to unbundle at
such access point or shall have the burden to demonstrate, pursuant to the Dispute
Resolution provisions of this Agreement, that it is not Technically Feasible, or that
sufficient space is not available to unbundle Subloop elements at such accessible
terminaL.
9.3.1.7 Intentionally Left Blank.
9.3.2 Standard Subloops Available
9.3.2.1 Distribution Loops
9.3.2.1.1 Two-Wire/Four-Wire Unbundled Distribution Loop: a Owest-
provided facility from the Owest accessible terminal to the Demarcation Point or
Network Interface Device (NID) at the End User Customer location. The Two-
Wire/Four-Wire Unbundled Distribution Loop is suitable for local exchange-type
services. CLEC can obtain access to this Unbundled Network Element at any
Technically Feasible accessible terminaL.
9.3.2.1.2 Two-Wire/Four-Wire Non-Loaded Distribution Loop: a Owest-
provided facilty without load coils and excess Bridged Taps from the Owest
accessible terminal to the Demarcation Point or Network Interface Device (NID)
at the End User Customer location. When CLEC requests a Non-Loaded
Unbundled Distribution Loop and there are none available, Owest wil contact
CLEC to determine if CLEC wishes to have Owest unload a Loop. If the
response is affirmative, Owest wil dispatch a technician to "condition" the
Distribution Loop byremoving load coils and excess Bridged Taps (Le., "unload"
January 13, 2010/msdllntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 172
Section 9
Unbundled Network Elements
the Loop). CLEC may be charged the cable unloading and Bridged Taps
removal nonrecurring charge in addition to the Unbundled Loop installation .
nonrecurring charge. If a Qwest technician is dispatched and no load coils or
Bridged Taps are removed, the nonrecurring conditioning charge wil not apply.
CLEC can obtain access to this Unbundled Network Element at any Technically
Feasible accessible terminaL.
9.3.2.1.3 Intrabuilding Cable Loop: a Qwest-prövided facility from the
building terminal inside a MTE to the Demarcation Point at the End User
Customer premises inside the same building. This Subloop element only applies
when Qwest owns the intrabuilding cable.
9.3.2.1.4 To the extent CLEC accesses a Subloop in a campus
environment from an accessible terminal that serves multiple buildings, CLEC
can access the Subloop by ordering a Distribution Loop pursuant to either
Section 9.3.2.1.1 or 9.3.2.1.2. A campus environment is one piece of property,
owned by one (1) Person or entity, on which there are multiple buildings.
9.3.2.2 Intentionally Left Blank.
9.3.2.2.,1 Intentionally Left Blank.
9.3.3 MTE Terminal Subloop Access: Terms and Conditions
9.3.3.1 Access to Distribution Loops or Intrabuilding Cable Loops at an MTE
Terminal within a non-Qwest owned MTE is done through an MTE-POI. Collocation is .
not required to access Subloops used to access the network infrastructure within an
MTE, unless CLEC requires the placement of equipment in a Qwest Premises. Cross
Connect Collocation, as defined in Section 9.3, refers to creation of a cross connect field
and does not constitute Collocation as defined in Section 8. The terms and conditions of
Section 8 do not apply to Cross Connect Collocation if required at or near an MTE.
9.3.3.2 To obtain such access, CLEC shall complete the "MTE-Access Ordering
Process" set forth in Section 9.3.5.4.
9.3.3.3 The optimum point and method to access Subloop elements wil be
determined during the MTE Access Ordering Process. The Parties recognize a mutual
obligation to interconnect in a manner that maintains network integrity, reliability, and
security. CLEC may access the MTE Terminal as a test access point.
9.3.3.4 CLEC wil work with the MTE building owner to determine where to
terminate its facilities within the MTE. CLEC wil be responsible for all work associated
with bringing its facilities into and terminating the facilities in the MTE. CLEC shall seek
to work with the building owner to create space for such terminations without requiring
Qwest to rearrange its facilities.
9.3.3.5 If there is space in the building for CLEC to enter the building and
terminate its facilities without Qwest having to rearrange its facilities, CLEC must seek to
use such space. In such circumstances, an inventory of CLEC's terminations within the
MTE shall be input into Qwests systems to support Subloop orders before Subloop
orders are provisioned or in conjunction with the first Subloop order in the MTE. If CLEC .
January 13, 2010/msd/lntradoIlD/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 173
Section 9
Unbundled Network Elements.requires immediate access to the Subloop, then CLEC may access the Subloop element
prior to the completion of the inventory per Section 9.3.5.4.7. Owest shall have five (5)
Days from receipt of a written request from CLEC, in addition to the interval set forth in
Section 9.3.5.4.1, to input the inventory of CLEC's terminations into its systems. Owest
may seek an extended interval if the work cannot reasonably be completed within the
stated intervaL. In such cases, Owest shall provide written notification to CLEC of the
extended interval Owest believes is necessary to complete the work. CLEC may dispute
the need for, and the duration of, an extended interval, in which case Owest must
request a waiver from the Commission to obtain the extended intervaL. If CLEC submits
a Subloop order before Owest inputs the inventory into its systems, Owest shall process
the order in accordance with Section 9.3.5.4.1.
9.3.3.6 If CLEC connects Owests Subloop element to CLEC's facilities using any
temporary wiring or cut-over devices, CLEC shall remove any remaining temporary
wiring or cut-over devices and install permanent wiring within ninety (90) Days. All
wiring arrangements, temporary and permanent, must adhere to the National Electric
Code.
.
9.3.3.7 If there is no space for CLEC to place its building terminal or no
accessible terminal from which CLEC can access such Subloop elements, and Owest
and CLEC are unable to negotiate a reconfigured Single Point of Interconnection (SPOI)
to serve the MTE, Owest wil either rearrange facilities to make room for CLEC or
construct a single point of access that is fully accessible to and suitable for CLEC.
Owests obligation to construct a SPOI is limited to those MTEs where Owest has
distribution facilities to that MTE and owns, controls, or leases the inside wire at the
MTE. In addition, Owest shall have an obligation only when CLEGindicates that it
intends to place an order for access to an unbundled Subloop Network Element via a
SPOI. In such instances, CLEC shall pay the applicable charge, identified in Exhibit A,
which shall be ICB, based on the scope of the work required.
9.3.3.7.1 If Owest must rearrange its MTE Terminal to make space for
CLEC, Owest shall have forty-five (45) Days from receipt of a written request
from CLEC to complete the rearrangement. Owest may seek an extended
interval if the work cannot reasonably be completed within forty-five (45) Days.
In such cases, Owest shall provide written notification to CLEC of the extended
interval Owest believes is necessary to complete the work. CLEC may dispute
the need for, and the duration of, an extended interval, in which case Owest must
request a waiver from the Commission to obtain an extended intervaL.
9.3.3.7.2 If Owest must construct a new detached terminal that is fully
accessible to and suitable for CLEC, the interval for completion shall be
negotiated between the Parties on an Individual Case Basis.
9.3.3.7.3 CLEC may cancel a request to construct an FCP or SPOI prior
to Owest completing the work by submitting a written notification via certified mail
to its Owest account manager. CLEC shall be responsible for payment of all
costs previously incurred by Owest as well as any costs necessary to restore the
propert to its original condition..9.3.3.8 At no time shall either Party rearrange the other Part's faciliies within the
MTE or otherwise tamper with or damage the other Party's facilities within the MTE.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 174
Section 9
Unbundled Network Elements
This does not preclude normal rearrangement of wiring or jumpers necessary to connect
inside wire or intrabuilding cable to CLEC facilities in the manner described in the MTE .
Access Protocol. If such damage accidentally occurs, the Party responsible for the
damage shall immediately notify the other and shall be financially responsible for
restoring the facilities and/or service to its original condition. Any intentional damage
may be reported to the proper authorities and may be prosecuted to the full extent of the
law.
9.3.4 Detached Terminal Subloop Access: Terms and Conditions
9.3.4.1 Except as to access at an MTE Terminal, access to unbundled Subloop
elements at an accessible terminal must be made through a Field Connection Point
(FCP) in conjunction with either a Cross Connect Collocation or, if power and/or heat
dissipation is required, a Remote Collocation.
9.3.4.2 To the extent that the accessible terminal does not have adequate
capacity to house the network interface associated with the FCP, CLEC may opt to use
Adjacent Collocation to the extent it is Technically Feasible. Such adjacent access shall
comport with NEBS Level 1 safety standards.
9.3.4.3 Field Connection Point
9.3.4.3.1 Qwest is not required to build additional space for CLEC to
access Subloop elements. When Technically Feasible, Qwest shall allow CLEC
to construct its own structure adjacent to Qwests accessible terminaL. CLEC
shall obtain any necessary authorizations or rights of way required (which may .
include obtaining access to Qwest rights of way, pursuant to Section 10.8 of this
Agreement) and shall coordinate its facility placement with Qwest, when placing
its facilities adjacent to Qwest facilities. Obstacles that CLEC may encounter
from cities, counties, electric power companies, property owners and similar third
parties, when it seeks to interconnect its equipment at Subloop access points,
will be the responsibility of CLEC to resolve with the municipality, utility, property
owner or other third party.
9.3.4.3.2 The optimum point and method to access Subloop elements will
be determined during the Field Connection Point process. The Parties recognize
a mutual obligation to interconnect in a manner that maintains network integrity,
reliability, and security.
9.3.4.3.3 CLEC must identify the size and type of cable that will be
terminated in the Qwest FCP location. Qwest wil terminate the cable in the
Qwest accessible terminal if termination capacity is available. If termination
capacity is not available, Qwest wil expand the FDI at the request of CLEC if
Technically Feasible, all reconfiguration costs to be borne by CLEC. In this
situation only, Qwest shall seek to obtain any necessary authorizations or rights
of way required to expand the terminaL. It wil be the responsibility of Qwest to
seek to resolve obstacles that Qwest may encounter from cities, counties,
electric power companies, property owners and similar third parties. The time it
takes for Qwest to obtain such authorizations or rights of way shall be excluded
from the time Qwest is expected to provision the Collocation. CLEC wil be
responsibie for placing the cable from the Qwest FCP to its equipment. Qwest .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 175
Section 9
Unbundled Network Elements.wil perform all of the initial splicing at the FCP.
9.3.4.3.4 CLEC may cancel a Collocatin associated with a FCP request
prior to Qwest completing the work by submitting a written notification via
certified mail to its Qwest account manager. CLEC shall be responsible for
payment of all costs previously incurred by Qwest.
9.3.4.3.5 If the Parties are unable to reach an agreement on the design of
the FCP through the Field Connection Point Process, the Parties may utilize the
Dispute Resolution process pursuant to the Dispute Resolution Section of this
Agreement. Alternatively, CLEC may seek arbitration under Section 252 of the
Act with the Commission, wherein Qwest shall have the burden to demonstrate
that there is insufficient space in the accessible terminal to accommodate the
FCP, or that the requested Interconnection is not Technically Feasible.
9.3.4.4 At no time shall either Party rearrange the other Party's facilities within the
accessible terminal or otherwise tamper with or damage the other Party's facilities. If
such damage accidentally occurs, the Party responsible for the damage shall
immediately notify the other and shall be financially responsible for restoring the facilities
and/or service to its original condition. Any intentional damage may be reported to the
proper authorities and may be prosecuted to the full extent of the law.
9.3.5 Ordering/Provisioning
9.3.5.1.2 CLEC shall identify Subloop elements by NC/NCI codes. This
information shall be kept confidential and used solely for spectrum management
purposes.
9.3.5.2 Additional Terms for Detached Terminal Subloop Access
9.3.5.2.1 CLEC may only submit orders for Subloop elements after the
FCP is in place. The FCP shall be ordered pursuant to Section 9.3.5.5. CLEC
wil populate the LSR with the termination information provided at the completion
of the FCP process.
9.3.5.2.2 Qwest shall dispatch a technician to run a jumper between its
Subloop elements and CLEC's Subloop elements. CLEC shall not at any time
disconnect Qwest facilties or attempt to run a jumper between its Subloop
elements and Qwests Subloop elements without specific written authorization
from Qwest.
9.3.5.2.3 Once the FCP is in place, the Subloop Provisioning intervals
contained in Exhibit C shall apply.
9.3.5.3 Intentionally Left Blank..
January 13, 2010/msd/lntrado/ID/CDS-100112-Q010
Qwest Fourteen State Negotiations Template, December 29,2008 176
Section 9
Unbundled Network Elements
9.3.5.4 Additional Terms for MTE Terminal Subloop Access - MTE-AccessOrdering Process .
9.3.5.4.1 CLEC shall notify its account manager at Owest in writing,
including via email, of its intention to provide access to End User Customers that
reside within a MTE. Upon receipt of such request, Owest shall have up to ten
(10) Days to notify CLEC and the MTE owner whether Owest believes it or theMTE owner owns the intrabuilding cable. In the event that there has been a
previous determination of on-premises wiring ownership at the same MTE, Owest
shall provide such notification within two (2) business days. In the event that
CLEC provides Owest with a written claim by an authorized representative of the
MTE owner that such owner owns the facilities on the End User Customer side of
the terminal, the preceding ten (10) Day period shall be reduced to five (5) Days
from Owests receipt of such claim.
9.3.5.4.1.1 Intentionally Left Blank.
9.3.5.4.2 If the MTE owner owns the facilties on the Customer side of the
terminal, CLEC may obtain access to all facilities in the building in accordance
with Section 9.5 concerning access to unbundled NIDs.
9.3.5.4.3 If Owest owns the facilties on the Customer side of the terminal
and if CLEC requests space to enter the building and terminate its facilities and
Owest must rearrange facilities or construct new facilities to accommodate such
access, CLEC shall notify Owest. Upon receipt of such notification, the intervals
set forth in Section 9.3.3 shall begin.
9.3.5.4.4 CLEC may only submit orders for Subloop elements after the
facilities are rearranged and/or a new facility constructed, if either are necessary.
CLEC wil populàte the LSR with the termination information provided by CLEC
at the completion of the inventory process except when submitting LSRs during
the creation of the inventory.
.
9.3.5.4.5 If CLEC orders Intrabuilding Cable Loop, CLEC shall dispatch a
technician to run a jumper between its Subloop elements and Owests Subloop
elements to make a connection at the MTE-POI in accordance with the MTE
Access Protocol. If CLEC ordered a Subloop type other than Intrabuilding Cable
Loop, Owest wil dispatch a technician to run a jumper between CLECs Subloop
elements and Owests Subloop elements to make a connection at the MTE-POI.
CLEC, at its option, may request that Owest run the jumper for intrabuilding cable
in MTEs when the inventory is done and a complete LSR has been submitted.
9.3.5.4.5.1 When CLEC accesses a MTE Terminal, it shall
employ generally accepted best engineering practices in accordance with
industry standards. CLEC shall clearly label the cross connect wires it
uses. CLEC wiring wil be neatly dressed. When CLEC accesses
Subloops in MTE Terminals, it shall adhere to Owests Standard MTE
Access Protocol unless the Parties have negotiated a separate document
for such Subloop access. If CLEC requests a MTE Access Protocol that
is different from Owests Standard MTE Access Protocol, Owest shall
negotiate with CLEC promptly and in good faith toward that end. .
January 13, 2010/msdllntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 177
Section 9
Unbundled Network Elements.9.3.5.4.6 Once inventory is complete and, if necessary, the facilities are
rearranged and or a new facility constructed and when Qwest runs the jumper,
the Subloop Provisioning intervals contained in Exhibit C shall apply.
9.3.5.4.7 For access to Qwests on-premises MTE wire as a Subloop
element, CLEC shall be required to submit an LSR, but need not include thereon
the circuit-identifying information or await completion of LSR processing by
Qwest before securing such access. Qwest shall secure the circuit-identifying
information, and wil be responsible for entering it on the LSR when it is received.
Qwest shall be entitled to charge for the Subloop element as of the time of LSR
submission by CLEC.
9.3.5.5 FCP Ordering Process
9.3.5.5.1 CLEC shall submit a Field Connection Point Request Form to
Qwest along with its Collocation Application. The FCP Request Form shall be
completed in its entirety.
9.3.5.5.2 After construction of the FCP and Collocation are complete,
CLEC will be notified of its termination location, which wil be used for ordering
Subloops.
.
9.3.5.5.2.1 The following constitute the intervals for provisioning
Collocation associated with a FCP, which intervals shall begin upon
completion of the FCP Request Form and its associated Collocation
Application in their entirety:
9.3.5.5.2.1.1 Any Remote Collocation associated with a
FCP in which CLEC wil install equipment requiring power and/or
heat dissipation shall be in accordance with the intervals set forth
in Section 8.4.
.
9.3.5.5.2.1.2 A Cross Connect Collocation in a detached
terminal shall be provisioned within ninety (90) Days from receipt
of a written request by CLEC.
9.3.5.5.2.1.3 If Qwest denies a request for Cross
Connect Collocation in a Qwest Premises due to space limitations,
Qwest shall allow CLEC representatives to inspect the entire
Premises escorted by Qwest personnel within ten (10) Days of
CLECs receipt of the denial of space, or a mutually agreed upon
date. Qwest will review the detailed space plans (to the extent
space plans exist) for the Premises with CLEC during the
inspection, including Qwest reserved or optioned space. Such
tour shall be without charge to CLEC. If, after the inspection of
the Premises, Qwest and CLEC disagree about whether space
limitations at the Premises make Collocation impractical, Qwest
and CLEC may present their arguments to the Commission. In
addition, if after the fact it is determined that Qwest has incorrectly
identified the space limitations, Qwest wil honor the original Cross
Connect Collocation Application date for determining RFS unless
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 178
Section 9
Unbundled Network Elements
both Parties agree to a revised date..9.3.5.5.2.1.4 Payment for the remaining nonrecurring
charges shall be upon the RFS date. Upon completion of the
construction activities and payment of the remaining nonrecurring
charge, Qwest wil schedule with CLEC an inspection of the FCP
with CLEC if requested. Upon completion of the Acceptance
inspection, CLEC wil be provided the assignments and necessary
ordering information. With prior arrangements, CLEC can request
testing of the FCP at the time of the Acceptance inspection. If
Qwest, despite its best efforts, including notification through the
contact number on the Cross Connect Collocation Application, is
unable to schedule the Acceptance inspection with CLEC within
twenty-one (21) Days of the RFS, Qwest shall activate the
applicable charges.
9.3.5.5.2.1.5 Qwest may seek extended intervals if the
work cannot reasonably be completed within the set intervaL. In
such cases, Qwest shall provide written notification to CLEC,of the
extended interval Qwest believes is necessary to complete the
work. CLEC may dispute the need for and the duration of, an
extended interval, in which case Qwest must request a waiver
from the Commission to obtain an extended intervaL.
9.3.6 Rate Elements
Exhibit A provides recurring and nonrecurring rates for Subloop and also provides
Miscellaneous Charges.
.
9.3.6.1 All Subloop Types
9.3.6.1.1 Recurring Charges - CLEC wil be charged monthly recurring
charges for each Subloop.
9.3.6.1.2 Nonrecurring Charges - One-time charges apply for specific
work activities associated with installation of each Subloop.
9.3.6.2 Intentionally Left Blank.
9.3.6.3 Additional Rate Elements for Detached Terminal Subloop Access
9.3.6.3.1 Cross Connect Collocation Charge: CLEC shall pay the full
nonrecurring charge for creation of a Cross Connect Collocation upon
submission of the Collocation Application. The FCP Request Form shall not be
considered complete until complete payment is submitted to Qwest,as described
in Section 8.1.1.8.1.
9.3.6.3.2 Any Remote Collocation associated with a FCP in which CLEC
wil install equipment requiring power and/or heat dissipation shall be charged for
in accordance with the rate elements set forth in Section 8..
January 13, 201 0/msd/lntrado/lD/CDS-1 00112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 179
.
.
.
Section 9
Unbundled Network Elements
9.3.6.3.3 Subloop Nonrecurring Jumper Charge: CLEC wil be charged a
nonrecurring basic installation charge for Qwest running jumpers within the
accessible terminal for each Subloop ordered by CLEC.
9.3.6.4 Additional Rate Elements for MTE Terminal Subloop Access
9.3.6.4.1 CLEC will be charged the Subloop MTE - POi Site Inventory
nonrecurring charge for Qwest to complete an inventory of CLEC's facilities
within the MTE such that Subloop orders can be submitted and processed.
9.3.6.4.2 CLEC will be charged the MTE - POi Rearrangement of
Facilties nonrecurring charge for Qwest to complete a rearrangement of facilities
to make room for an MTE for CLEC.
9.3.6.4.3 CLEC wil be charged the MTE - POi Construction of New SPOI
nonrecurring charge for Qwest to construct a new MTE SPOI for CLEC.
9.3.6.5 Nonrecurring charges apply for conditioning for Distribution Subloop.
9.3.6.6 All miscellaneous services as described in Section 9.1.12 are available
with Subloop. Miscellaneous Charges apply for miscellaneous services.
9.3.7 Repair and Maintenance
9.3.7.1 Detached Terminal Subloop Access: Qwest wil maintain all of its
facilities and equipment in the accessible terminal and CLEC wil maintain all of its
facilities and equipment in the accessible terminaL.
9.3.7.2 MTE Terminal Subloop Access: Qwest will maintain all of its facilities and
equipment in the MTE and CLEC wil maintain all of its facilities and equipment in the
MTE.
9.4 Intentionally Left Blank
9.5 Network Intenace Device (NID)
9.5.1 Description
The Qwest NID is defined as any means of Interconnection of on-premises wiring and Qwests
distribution plant, such as a cross connect device used for that purpose. Specifically, the NID is
a single line termination device or that portion of a multiple line termination device required to
terminate a single line or circuit at a premises. If CLEC seeks to access a NID as well as a
Subloop connected to that NID, it may do so only pursuant to Section 9.3. If CLEC seeks to
access only a NID (Le., CLEC does not wish to access a Subloop connected to that NID), it may
only do so pursuant to this Section 9.5. Qwest shall permit CLEC to connect its own Loop
facilities to on-premises wiring through Qwests NID, or at any other Technically Feasible point.
The NID carries with it all features, functions and capabilities of the facilities used to connect the
Loop distribution plant to the End User Customer's premises wiring, including access to the
Cross Connection field, regardless of the particular design of the NID mechanism. Although the
NID provides the connection to the End User Customer's premises wiring, it may not represent
the Demarcation Point where Qwest ownership or control of the intra-premises wiring ends.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 180
Section 9
Unbundled Network Elements
The NID contains a protective ground connection that protects the End User Customer's on-
premises wiring against lightning and other high voltage surges and is capable of terminating .
media such as twisted pair cable. If CLEC orders Unbundled Loops on a reuse basis, the
existing drop and Owests NID, as well as any on premises wiring that Qwest owns or controls,
wil remain in place and continue to carry the signal over the End User Customer's on-premises
wiring to the End User Customer's equipment. Notwithstanding the foregoing, an Unbundled
Loop and any Subloop terminating at a NID shall include the existing drop and the functionality
of the NID as more specifically set forth in Section 9.2. The NID is offered in three (3) varieties:
9.5.1.1 Simple NID - The modular NID is divided into two (2) components, one
containing the over-voltage unit (protector) and the other containing the End User
Customer's on-premises inside wiring termination, and a modular plug which connects
the inside wire to the distribution plant or dial tone source. The non-modular NID is a
protector block with the inside wire terminated directly on the distribution facilties.
9.5.1.2 Smart NID - To the extent Owest has deployed "smart" devices in
general meaning a terminating device that permits the service provider to isolate the
Loop facility from the premises wiring for testing purposes, and such devices have spare
functioning capacity not currently used by Owest or any other provider, Owest shall
provide unbundled access to such devices. Owest shall also continue to allow CLEC, at
its option, to use all features and functionality of the Owest NID including any protection
mechanisms, test capabilties, or any other capabilties now existing or as they may exist
in the future regardless of whether or not CLEC terminates its own distribution facility on
the NID.
9.5.1.3 Multi-Tenant (MTE) NID - The MTE NID is divided into two (2) fLlnctional
components: one containing the over-voltage unit (protector) and the other containing
the terminations of the on-premises inside wiring. Such devices contain the protectors
for, and may be located externally or internally to the premises served.
.
9.5.1.4 Intentionally Left Blank.
9.5.2 Terms and Conditions
9.5.2.1 CLEC may use the existing Owest NID to terminate its drop if space
permits, otherwise a new NID or other Technically Feasible Interconnection point is
required. If CLEC installs its own NID, CLEC may connect its NID to the Qwest NID by
placing a cross connect between the two. When Provisioning a NID-to-NID connection,
CLEC wil isolate the Owest facility in the NID by unplugging the modular unit. If CLEC
requires that a non-modular unit be replaced with a modular NID, Owest will perform the
replacement for the charge described in Section 9.5.3.1. If CLEC is a facilities-based
provider up to and including its NID, the Owest facility currently in place, including the
NID, will remain in place.
9.5.2.1.1 Owest shall allow CLEC to connect its Loops directly to the NID
field containing the terminations of the on-premises inside wiring not owned or
controlled by Owest, without restriction. Where Owest does not own or control
the on-premises inside wiring, CLEC and the landowner shall determine
procedures for such access.
9.5.2.1.2 Owest shall allow CLEC to use all features and functionality of .
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 181
Section 9
Unbundled Network Elements.the Qwest NID including any protection mechanisms, test capabilities, or any
other capabilities now existing or as they may exist in the future.
9.5.2.1.3 Pursuant to generally acceptable work practices, and provided
the inside wire re-termination is required to meet service requirements of either
Parties' End User Customer, either Party may remove the inside wire from the
NID and connect that wire to that Party's own NID. Future installation of Qwest
NIDs wil be such that it wil not unnecessarily impede access to the End User
Customer's wiring.
9.5.2.1.4 CLEC may enter the subscriber access chamber or End User
Customer side of a dual chamber NID enclosure for the purpose of NID-to-NID
connections.
9.5.2.1.5 Upon CLEC request, Qwest wil make other rearrangements to
the inside wire terminations or terminal enclosure. Charges wil be assessed per
Section 9.5.3.4. No such charge shall be applicable if Qwest initiates the
rearrangement of such terminations. In all such instances, rearrangements shall
be performed in a non-discriminatory fashion and timeframe and without an End
User Customer's perceivable disruption in service. Qwest wil not make any
rearrangements of wiring that is provided by another Carrier that relocates the
other Carrier's test access point without notifying the affected Carrier promptly
after such rearrangement if CLEC has properly labeled its cross connect wires.
.9.5.2.2 Qwest wil retain sole ownership of the Qwest NID and its contents on
Qwests side. Qwest is not required to proactively conduct NID change-outs, on a wide
scale basis. At CLEC's request, Qwest wil change the NID on an individual request
basis by CLEC and charges wil be assessed per Section 9.5.3.5 except where Section
9.5.5.1 applies. Qwest is not required to inventory NID locations on behalf of CLEC.
9.5.2.3 When CLEC accesses a Qwest NID, it shall employ generally accepted
best engineering practices and comply with industry standards should such standards
exist when it physically connects its NID (or equivalent) to the Qwest NID and makes
Cross Connections necessary to provide service. At MTE NIDs, CLEC shall clearly label
the cross connect wires it uses to provide service. Qwest shall label its terminals when a
technician is dispatched.
9.5.2.4 All services fed through a protector field in a Qwest NID located inside a
building will interface on an industry standard termination block and then extend, via a
Cross Connection to the End User Customets in-premises wiring. All services fed
through a protector field ina Qwest NID that is attached to a building wil interface on
industry standard lugs or a binding post type of termination and then extend, via a Cross
Connection, to the End User Customer's on-premises wiring.
.
9.5.2.5 If so requested by CLEC, Qwest shall allow CLEC to connect its Loops
directly to the protector field at Qwest NIDs that have unused protectors and are not
used by Qwest or any other Telecommunications Carrier to provide service to the
premises. If CLEC accesses the Qwest protector field, it shall do so on the distribution
side of the protector field only where spare protector capacity exists. In such cases,
CLEC shall only access a Qwest NID protector field in cable increments appropriate to
the NID. If twenty-five (25) or more metallc cable pairs are simultaneously terminated at
January 13, 201 0/msd/lntrado/lD/CDS-1 00112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 182
Section 9
Unbundled Network Elements
the MTE NID, additions must be in increments of twenty-five (25) additional metallc
pairs. In all cases, Telecommunications cables entering a Qwest NID must be .
terminated in compliance with FCC 88-57, section 315 of the National Electric Safety
Code and section 800.30 of the National Electric Code.
9.5.3 Rate Elements
Exhibit A provides recurring and nonrecurring rates for access or modifications to an existing
NID, and Exhibit A also provides Miscellaneous Charges.
9.5.3.1 If CLEC requests the current simple NID be replaced with a different
simple NID, pursuant to Section 9.5.2.1, additional labor - other Miscellaneous Charges
will be assessed with CLEC paying only for the portion of the change-out that is specific
to and for the functionality that supports CLEC requirements.
9.5.3.2 · Recurring rates apply for unbundled access to the protector field in a
Qwest NID, pursuant to Section 9.5.2.5. As of the Effective Date of this Agreement,
Qwest has not implemented charges for this recurring rate element, but reserves the
right to assess such a charge in the future.
9.5.3.3 When CLEC requests that Qwest perform the work to connect its NID to
the Qwest NID, the costs associated with Qwest performing such work wil be charged to
CLEC as additional labor - other Miscellaneous Charges.
9.5.3.4 When Qwest makes rearrangements to the inside wire terminations or
terminal enclosure pursuant to Section 9.5.2.1.5, charges wil be assessed as additional .
labor - other Miscellaneous Charges.
9.5.3.5 CLEC wil be charged for any change-out Qwest performs pursuant to
Section 9.5.2.2. CLEC will be biled only for the portion of the change-out that is specific
to CLEC's request for modified/additional capacity. Charges will be assessed as
additional labor - other Miscellaneous Charges.
9.5.4 Ordering Process
9.5.4.1 Intentionally Left Blank.
9.5.4.2 CLEC may access a MTE NID after determining that the terminal in
question is a NID, per the process identified in Section 9.3. If the terminal is a NID and
CLEC wishes to access the End User Customer field of the NID, no additional
verification is needed by Qwest. CLEC shall tag its jumper wire.
9.5.4.2.1 When CLEC seeks to connect to a cross connect field other than
to the End User Customer field of the NID, CLEC shall submit a LSR for
connection to the NID. Qwest shall notify CLEC, within ten (10) business days, if
the connection is not Technically Feasible. In such cases, Qwest shall inform
CLEC of the basis for its claim of technical infeasibility and, at the same time,
identify all alternative points of connection that Qwest would support. CLEC shall
have the option of employing the alternative terminal or disputing the claim of
technical infeasibility pursuant to the Dispute Resolution provisions of this
Agreement. No additional verification is needed by Qwest and CLEC shall tag its .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 183
.
.
.
Section 9
Unbundled Network Elements
jumper wire.
9.5.4.3 Subject to the terms of Section 9.5.4.2, CLEC may perform a NID-to-NID
connection, according to Section 9.5.2.3, and access the End User Customer field of the
NID without notice to Qwest. CLEC may access the protector field of the NID by
submitting a LSR.
9.5.5 Maintenance and Repair
9.5.5.1 If Qwest is dispatched to an End User Customer's location on a
maintenance issue and finds the NID to be defective, Qwest wil replace the defective
element or, if beyond repair, the entire device at no cost to CLEC. If the facilities and
lines have been removed from the protector field or damaged by CLEC, CLEC will be
responsible for all costs associated with returning the facilties and lines back to their
original state. This work is biled to CLEC as additional labor - other Miscellaneous
Charges. Maintenance and Repair processes are contained in the Access to OSS
Section of this Agreement.
9.6 Unbundled Dedicated Interoffce Transport (UDIT)
Qwest shall provide access to Unbundled Dedicated Interoffice Transport (UDIT) in a non-
discriminatory manner according to the following terms and conditions.
9.6.1 Description
9.6.1.1 Unbundled Dedicated Interoffice Transport (UDIT) provides CLEC with a
Network Element. of a single transmission path between Qwest Wire Centers in the
same LATA and state. UDIT provides a path between one (1) CLEC's Collocation in one
(1) Qwest Wire Center and a different CLEC's Collocation in another Qwest Wire Center.
UDIT is a distance-sensitive, flat-rated bandwidth-specific interoffice transmission path
designed to a DSX in each Qwest Wire Center. UDIT is available in DSO through DS3
bandwidths. CLEC can assign channels and transport its choice of voice or data.
Specifications, interfaces and parameters are described in Qwest Technical Publication
77389.
9.6.1.2 Intentionally Left Blank.
Intentionally Left Blank.9.6.1.3
9.6.2 Terms and Conditions
9.6.2.0 Intentionally Left Blank.
9.6.2.0.1 Qwest shall unbundle DS1 transport between any pair of Qwest
Wire Centers except where, through application of "Tier" classifications, as
defined in Section 4 of this Agreement, both Wire Centers defining the Route are
Tier 1 Wire Centers. As such, Qwest must unbundle DS1 transport if a Wire
Center at either end of a requested Route is not a Tier 1 Wire Center, or if neither
is a Tier 1 Wire Center.
9.6.2.0.1.1 On Routes for which no unbundling obligation for DS3
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 184
Section 9
Unbundled Network Elements
dedicated transport circuits exists but for which DS1 Dedicated Transport
is available on an unbundled basis, CLEC may obtain a maximum of ten .
(10) unbundled DS1 Dedicated Transport circuits.
9.6.2.0.2 Qwest shall unbundle DS3 transport between any pair of Qwest
Wire Centers except where, through application of "Tiet' classifications, as
defined in Section 4 of this Agreement, both Wire Centers defining the Route are
either Tier 1 or Tier 2 Wire Centers. As such, Qwest must unbundle DS3
transport if a Wire Center on either end of a requested Route is a Tier 3 Wire
Center.
9.6.2.0.2.1 CLEC may obtain a maximum of twelve (12) unbundled
DS3 dedicated transport circuits on each Route where DS3 dedicated
transport is available on an unbundled basis.
9.6.2.0.3 Intentionally Left alank.
9.6.2.0.4 All services provided in this Section 9.6 are subject to the
Ratcheting criteria as provided in Section 9.1.1.9 of this Agreement.
9.6.2.0.5 All services provided in this Section 9.6, when combined with high
capacity Loops, are subject to the Service Eligibility Criteria as provided in
Section 9.1.1.10 of this Agreement.
9.6.2.1 To the extent that CLEC is ordering access to a UNE Combination, and
Cross Connections are necessary to combine UNEs, Qwest wil perform requested and .
necessary Cross Connections between UNEs in the same manner that it would perform
such Cross Connections for its End User Customers or for itself. If not ordered as a
combination, CLEC is responsible for performing Cross Connections at its Collocation or
other mutually determined Demarcation Point between UNEs and ancilary or Finished
Services, and for transmission design work including regeneration requirements for such
connections. Such Cross Connections will not be required of CLEC when CLEC orders
a continuous UDIT element from one point to another.
9.6.2.2 Intentionally Left Blank.
9.6.2.3 With the exception of combinations provided through the UNE
Combinations Section 9.23, CLEC may utilize any form of Collocation at both ends of the
UDIT. Qwests design wil ensure the cable between the Qwest-provided active elements
and the DSX wil meet the proper signal level requirements. Channel regeneration wil not
be charged for separately for Interconnection between a Collocation space and Qwests
network. Cable distance limitations are based on ANSI Standard T1.102.1993 "Digital
Hierarchy - Electrical Interface; Annex B."
9.6.2.4 Intentionally Left Blank.
9.6.2.5 Intentionally Left Blank.
9.6.2.6 Intentionally Left Blank.
9.6.2.7 Intentionally Left Blank..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 185
.
.
.
Section 9
Unbundled Network Elements
9.6.2.8 Intentionally Left Blank.
9.6.2.9 Upon CLEC request, Owest will convert special access or private line
circuits to UDIT, provided the service originates atCLEC's Collocation in the Serving
Wire Center.
9.6.3 Rate Elements
Exhibit A provides recurring and nonrecurring rates for UDIT and also provides Miscellaneous
Charges.
9.6.3.1 DS1 UDIT includes the following rate elements:
a) DS1 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 1.544 Mbps termination at a DSX or DCS. In addition to the
fixed rate element, a per-mile rate element, as described below, also applies.
b) DS1 Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides a transmission path of 1.544 Mbps between Owest Wire
Centers. This is a mileage sensitive element based on the V&H coordinates of
the DS1 UDIT. The mileage is calculated between the originating and
terminating Owest Wire Centers.
c) Intentionally Left Blank.
d) DS1 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS1 service.
e) Intentionally Left Blank.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 186
Section 9
Unbundled Network Elements
9.6.3.2 DS3 UDIT rates include the following rate elements:
a) DS3 Transport Termination (Fixed) Rate Element. This recurring rate
element provides a 44.736 Mbps termination. In addition to the fixed rate
element, a per-mile rate element, as described below, also applies.
.
b) DS3 Transport Facilities (Per Mile) Rate Element. This recurring rate
element provides an interoffce transmission path of 44.736 Mbps between
Qwest Wire Centers. This is a mileage sensitive element based on the V&H
coordinates of the DS3 UDIT. The mileage is calculated between the originating
and terminating Qwest Wire Centers.
c) Intentionally Left Blank.
d) DS3 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS3 service.
e)Intentionally Left Blank.
9.6.3.3 DSO UDIT includes the following rate elements:
a) DSO Transport Termination (Fixed). This recurring rate element
provides a 64 Kbps termination. In addition to the fixed rate element, a per-mile
rate element, as described below, also applies.
b) DSO Transport Facilities (Per Mile). This recurring rate element
provides a transmission path of 64 Kbps between Qwest Wire Centers. This is a .
mileage sensitive element based on the V&H coordinates of the DSO UDIT. The
mileage is calculated between the originating and terminating Qwest Wire
Centers.
c) DSO Nonrecurring Charges. One-time charges apply for a specific work
activity associated with installation of the DSO service.
d) Low Side Channelization. Recurring charges apply for low side
multiplexed channel cards and settngs at each end of the DSO UDIT.
9.6.3.4
9.6.3.5
Intentionally Left Blank.
Intentionally Left Blank.
9.6.3.5.1 Intentionally Left Blank.
9.6.3.6 Nonrecurring charges apply for rearrangements of UDIT.
9.6.3.7 Intentionally Left Blank.
Intentionally Left Blank.9.6.3.8
9.6.3.9 The following miscellaneous services, as described in Section 9.1.12, are
available with UDIT. Miscellaneous Charges apply for miscellaneous services..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 187
Section 9
Unbundled Network Elements.a)Additional labor - other
b)Cancellation
c)Design Change
d)Dispatch
e)Expedite
f)Maintenance of Service.
.
.
9.6.3.10 A nonrecurring charge is applied to the conversion of an existing private
line/Special Access circuit to UDIT.
9.6.4 Ordering Process
9.6.4.1 Ordering processes and installation intervals are as follows:
9.6.4.1.1 UDIT is ordered via the Access Service Request (ASR) process.
Ordering processes are contained in the Access to OSS Section of this
Agreement.
9.6.4.1.2 Intentionally Left BlanK.
9.6.4.1.3 The interval wil start when Qwest receives a complete and
accurate ASR. This date is considered the start of the installation interval if the
order is received prior to 3:00 p.m. The installation interval will begin on the next
business day for service requests received after 3:00 p.m. The installation
intervals have been established and are set forth in Exhibit C of this Agreement.
9.6.4.1.4 Intentionally Left Blank.
9.6.4.1.5 An order may be canceled any time up to and including the Due
Date/Service Date. Cancellation Miscellaneous Charges apply for such
cancellations except when:
a) The original Due Date or CLEC-initiated subsequent Due Date
was, or CLEC has been notified by Qwest that such Due Date wil be,
delayed ten (10) business days or longer; or
b) The original Due Date has been scheduled later than the
expiration of the standard interval set forth in Exhibit C and CLEC cancels
its order no later than ten (10) days before such original Due Date.
9.6.4.1.6 Definitions of the most common critical dates that occur during
the ordering and installation process are included in the Definitions Section of
this Agreement.
9.6.4.2 UDIT is ordered with basic installation. Qwest wil install the UDIT
extending connections to CLEC Demarcation Point and wil notify CLEC when the work
activity is complete.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 188
Section 9
Unbundled Network Elements
9.6.4.3
9.6.4.4
Intentionally Left Blank.
Intentionally Left Blank..
9.6.4.5 Qwest wil perform industry standard tests, set forth in Technical
Publication 77389, when installng UDIT service.
9.6.4.6 To convert an existing private line/special access circuit to UDIT, CLEC
must submit two (2) ASRs to change the circuit identification, Network Channel Interface
Code (NCI) and billing.
9.6.4.7 CLEC will submit an Access Service Request (ASR) for rearrangement
including appropriate termination information (e.g., Connecting Facility Assignment
(CFA) or Network Channel Codes/Network Channel Interface Codes (NC/NCI) codes).
9.6.5 Maintenance and Repair
9.6.5.1 The Parties wil perform cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections wil be repaired by CLEC
and Qwest Cross Connections wil be repaired by Qwest. Maintenance and Repair
processes are contained in the Access to OSS Section of this Agreement.
9.6.6 Rearrangement
9.6.6.1 CLEC can submit requests through the ASR process to move or
rearrange UDIT terminations on CLEC's Demarcation Point or to change UDIT options. .
These rearrangements are available through a single Wire Center or dual Wire Center
request. Single Wire Center rearrangements are limited to the change in options or
movement of terminations within a single Wire Center. Dual Wire Center
rearrangements are used to change options or movement of terminations in two (2) Wire
Centers. Rearrangement is only available for in-place and working UDITs.
9.6.6.2 The rearrangement of terminations or option changes are completed as
an "uncoordinated change" (basic request) and will be completed within the normal
intervals outlined in Exhibit C. If CLEC desires a coordinated rearrangement of
terminations or options changes, additional labor installation as identified in Exhibit A
shall apply.
9.6.6.3 CLEC wil submit an ASR with the rearrange USOC and appropriate
termination information (e.g., CFA) or NC/NCI codes (Network Channel Codes/Network
Channel Interface Codes).
9.7 Unbundled Dark Fiber
Dedicated dark fiber shall be made available to CLEC on an unbundled basis as set forth below.
Dark fiber transport consists of unactivated optical interoffice transmission facilties.
9.7.1 Description
Unbundled Dark Fiber (UDF) is a deployed, unlit strand or strands of fiber that connects two (2)
Wire Centers within Qwests network within the same LATA or state. UDF exists in two (2) .
January 13, 2010/msdllntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 189
.
.
.
Section 9
Unbundled Network Elements
distinct forms: (a) UDF interoffice facility (UDF-IOF), which constitutes a deployed route
between two (2) Owest Wire Centers; and (b) UDF MTE Subloop that begins at or near an MTE
premises to provide access to MTE premises wiring. Deployed Dark Fiber facilties shall include
all local exchange Dark Fiber Owest owns directly or to which it has a right to access under
agreements with any other party affiliated or not, that do not prohibit Qwests abilty to provide
access to another Person or entity. Deployed Dark Fiber facilties shall not be limited to facilities
owned by Owest, but will include in place and easily called into service facilities to which Owest
has otherwise obtained a right of access, including but not limited to capitalized Indefeasible Right
to Use (IRUs) or capitalized leases. Qwest shall not be required to extend access in a manner
that is inconsistent with the restrictions and other terms and conditions that apply to Owests
access; however, in the case of access obtained from an Affilate: (a) the actual practice and
custom as between Owest and the Affliate shall apply, in the event that it provides broader
access than does any documented agreement that may exist, and (b) any terms restricting access
by CLEC that are imposed by the agreement with the Affiliate (excluding good-faith restrictions
imposed by any agreement with a third party from whom the Affiliate has gained rights of access)
shall not be applied to restrict CLEC access.
9.7.2 Terms and Conditions
9.7.2.0 Owest shall unbundle dark fiber transport between any pair of Owest Wire
Centers except where, through application of "Tier" classificatíons described in Section 4
of this Agreement, both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire
Centers. As such, Owest must unbundle dark fiber transport if a Wire Center on either
end of a requested Route is a Tier 3 Wire Center.
9.7.2.0.1 Intentionally Left Blank.
9.7.2.1 Owest wil provide CLEC with non-discriminatory access to UDF in
accordance with Section 9.1. Owest wil provide UDF of substantially the same quality
as the fiber facilities that Qwest uses to provide retail service to its own End User
Customers.
9.7.2.2 Owest provides access to unbundled Dark Fiber at:
9.7.2.2.1 Accessible terminations such as fiber distribution panels.
9.7.2.2.2 A point of technically feasible access is any point in Owests
outside plant at or near an MTE premises where a technician can access the
wire or fiber within the cable without removing a splice case to reach the wire or
fiber within to access the wiring in the MTE premises. Such points include, but
are not limited to, a pole or pedestal, the network interface device, the minimum
point of entry, the single point of interconnection, and the feeder/distribution
interface.
9.7.2.2.3 Intentionally Left Blank.
9.7.2.3 Qwest wil provide CLEC with access to deployed Dark Fiber facilties.
CLEC shall be responsible for obtaining and connecting electronic equipment, whether
light generating or light terminating equipment, to the Dark Fiber at both ends, provided
that if CLEC requests Owest to obtain and connect the electronic equipment, Owest will
follow the requirements of Section 9.19 in deciding whether or not to build the facilties
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 190
Section 9
Unbundled Network Elements
for CLEC..9.7.2.4 Qwest wil provide Unbundled Dark Fiber to CLEC in increments of one
(1) or two (2) strands. CLEC may obtain up to twenty-five percent (25%) of availableDark Fibers or four (4) Dark Fiber strands, whichever is greater, in each fiber cable
segment over a twelve (12) month period. Before CLEC may order additional UDF on
such fiber cable segment,CLEC must demonstrate efficient use of existing fiber in each
cable segment. Efficient use of interoffice cable segments is defined as providing a
minimum of OC-12 termination on each fiber pair. Effcient use of UDF MTE Subloop
fiber is defined as providing a minimum of OC-3 termination on each fiber pair. CLEC
may designate five percent (5%) of its fibers along a fiber cable segment, or two (2)
strands, whichever is greater, for maintenance spare, which fibers or strands are not
subject to the termination requirements in this paragraph.
9.7.2.5 Qwest shall not have an obligation to unbundle Dark Fiber in the following
circumstances:
a) Qwest wil not unbundle Dark Fiber that Qwest utilizes for
maintenance or reserves for maintenance spare for Qwests own use. Qwest
shall not reserve more than five percent (5%) of the fibers in a sheath, or two (2)strands, whichever is greater, for maintenance or maintenance spare for Qwests
own use.
b) Qwest wil not be required to unbundle Dark Fiber if Qwest
demonstrates to the Commission by a preponderance of the evidence that such
unbundling would create a likely and foreseeable threat to its ability to meet its .
Carrier of last resort obligations as established by any regulatory authority.
Qwest shall initiate such proceeding within seven (7) Days of denying CLEC's
request (by written notice) to unbundle Dark Fiber where such fiber is available.
In this proceeding, Qwest shall not object to using the most expeditious
procedure available under state law, rule or regulation. Qwest shall be relieved
of its unbundling obligations, related to the specific Dark Fiber at issue, pending
the proceeding before the Commission. If Qwest fails to initiate such pending
proceeding within such seven (7) Day period, CLEC's request to unbundle Dark
Fiber shall be reinstated and the ordering and Provisioning processes of Section
9.7.3 shall continue.
9.7.2.6 Intentionally Left Blank.
9.7.2.7 Specifications, interfaces and parameters for Dark Fiber are described in
Qwests Technical Publication 77383.
9.7.2.8
Qwest.
CLEC is responsible for trouble isolation before reporting trouble to
9.7.2.9 Intentionally Left Blank.
9.7.2.10 Upon thirty (30) Days notification to CLEC, Qwest may initiate a
proceeding to reclaim Dark Fiber strands from CLEC that were not serving End User
Customers at the time of Qwests notice to CLEC. In such proceeding, Qwest shall have
the burden to prove that Qwest needs such fiber strands in order to meet its Carrier of .
January 13, 2010/msdllntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 191
.
.
.
Section 9
Unbundled Network Elements
last resort obligations as established by any regulatory authority. In such proceeding,
CLEC shall not object to using the most expeditious procedure available under state law,
rule or regulation. CLEC shall be entitled to retain such strands of UDF for any purpose
permitted under this Agreement pending the proceeding before the Commission;
provided, however, that such use shall be at CLEC's sole risk of any reclamation
approved by the Commission, including the risk of termination of service to End User
Customers. CLEC may designate five percent (5%) of its fibers along a fiber cable
segment, or two (2) strands, whichever is greater, for maintenance spare, which fibers or
strands are not subject to the reclamation requirements in this paragraph.
9.7.2.11 Intentionally Left Blank.
9.7.2.12 CLEC must have established Collocation or other Technically Feasible
means of network demarcation pursuant to Section 9.1.4 of this Agreement at both
terminating points of the UDF-IOF. No Collocation is required in intermediate Wire
Centers within a UDF or at Wire Centers where CLEC's UDFs are cross connected.
CLEC has no access to UDF at those intermediate Wire Centers.
9.7.2.12.1 CLEC-to-CLEC connections with UDF for the mutual exchange
of traffic is permissible pursuant to the provisions in Section 9.7.
9.7.2.13 CLEC is responsible for all work activities at the MTE premises. All
negotiations with the premises End User Customer and or premises owner are solely the
responsibility of CLEC.
9.7.2.14 Intentionally Left Blank.
9.7.2.15 Access to Dark Fiber MTE Subloops at or near an MTE Terminal within a
non-Qwest owned MTE is done through an MTE-POI. Collocation is not required to
access MTE Subloops.
9.7.2.16 CLEC wil incur all costs associated with disconnecting the UDF from its
side of the network Demarcation Point.
9.7.2.17 Qwest and CLEC wil jointly participate in continuity testing within the
Provisioning interval established in Exhibit C. Qwest and CLEC must coordinate on the
date and time for this continuity testing. As part of their respective duties regarding this
continuity test, Qwest shall furnish a light detector at one (1) termination point of the
UDF, and CLEC shall furnish light generating equipment at the other termination point of
the UDF as described below:
9.7.2.17.1 CLEC may identify on its order the Wire Center at which Qwest
must provide a light detector and the Wire Center at which CLEC wil provide
light generating equipment. If CLEC does not identify the Wire Center on its
order, Qwest and CLEC shall mutually agree on the Wire Center at which CLEC
wil provide the light generating equipment.
9.7.2.17.2 Intentionally Left Blank.
9.7.2.17.3 Intentionally Left Blank.
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 192
Section 9
Unbundled Network Elements
9.7.2.18 If, within ten (10) Days of the date Qwest provisioned an order for UDF,
CLEC demonstrates that the UDF pair(s) provisioned over requested route do not meet .
the minimum parameters set forth in Technical Publication 77383, and if the trouble is in
the Qwest UDF facility, not due to fault on the part of CLEC, then Qwest wil at no
additional cost, attempt to repair the UDF as it relates to Qwest cross connects and
jumpers. If Qwest cannot repair the UDF to the minimum parameters set forth in
Technical Publication 77383, Qwest will replace the UDF if suitable UDF pair(s) are
available, at no additional nonrecurring charge. If Qwest cannot replace the UDF upon
receipt of CLEC's disconnect order, Qwest will refund the nonrecurring charges
associated with the Provisioning excluding IRI, FVQP and Field Verification and wil
discontinue all recurring charges.
9.7.2.19 Intentionally Left Blank.
9.7.2.20 Intentionally Left Blank.
9.7.3 Ordering Processes
Ordering processes and installation intervals are as follows:
9.7.3.1 The first step of the UDF ordering process is the inquiry process. The
UDF inquiry is used to determine the availability of UDF.
9.7.3.1.1 CLEC must submit a UDF inquiry and CLEC must specify the
two (2) locations and the number of fibers requested.
9.7.3.1.2 Qwest wil notify CLEC, within the interval set forth in Exhibit C .
of this Agreement, that: (i) UDF is available to satisfy CLEC's request, (ii) UDF is
not available to satisfy CLEC's request; or (ii) Qwest, in writing, denies CLEC's
request pursuant to Section 9.7.2.5(b). Qwest shall provide written notice of
denials pursuant to (iii) above.
9.7.3.1.3 If there is UDF available, the UDF simple inquiry response and
the complex inquiry response wil contain up to five (5) available UDF routes
between the CLEC-specified end locations. If additional routes are available,
Qwest wil notify CLEC that such additional routes exist and negotiate how that
additional information wil be made available.
9.7.3.2 CLEC wil establish network Demarcation Points to accommodate UDF
optical terminations via Collocation or other Technically Feasible means or network
demarcation pursuant to Section 9.1.4 of this Agreement. If Collocation and or other
network demarcation arrangements have not been completed, CLEC must have
obtained preliminary APOT address information (CFA - Connecting Facility Assignment)
for its network Demarcation Points in each Qwest Wire Center where the UDF
terminates prior to placing an order for UDF. When preliminary APOT has been
established and delivered to CLEC, Qwest can begin processing the UDF Provisioning
order upon receipt of the UDF Provisioning request. If the preliminary APOT address is
changed by CLEC, a new Provisioning time line for UDF must be established.
9.7.3.3 Based on the CLEC request, (UDF-IOF or UDF MTE Subloop), there aretwo (2) possible termination scenarios. .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 193
Section 9
Unbundled Network Elements.9.7.3.3.1 Termination at an MTE. CLEC shall access the UDF MTE
Subloop on the MTE Premises at a Technically Feasible point if possible. If
access is not Technically Feasible on the MTE Premises, then CLEC may
request access to UDF MTE Subloop at a Technically Feasible point near the
MTE Premises. Qwest wil prepare and submit to CLEC a quotation along with
the original Field Verification Quote Preparation form (FVQP) within the interval
set forth in Exhibit C. Quotations are on an Individual Case Basis (ICB) and will
include costs and an interval in accordance with Exhibit C.
9.7.3.3.2 Intentionally Left Blank.
9.7.3.3.3 Termination at Qwest Wire Center. If spare fiber is available,
and CLEC chooses to proceed, and the request is for UDF terminations at a
Qwest Wire Center, Qwest will begin the Provisioning process upon notification
from CLEC to proceed and the receipt of fifty percent (50%) of the nonrecurring
charges. The notification to proceed is accomplished by completing, signing and
returning the original inquiry request to the account manager. Provisioning
intervals for this type of request are set forth in Exhibit C. CLEC will be notified
that Provisioning is complete and the remaining nonrecurring charges and
associated recurring charges wil be biled.
9.7.3.4 An order may be canceled any time up to and including the Service Date.
.9.7.3.5 CLEC may reserve Dark Fiber for CLEC during Collocation builds. Prior
to reserving space, CLEC must place an inquiry pursuant to Section 9.7.3.1 of this
Agreement and receive a UDF inquiry response that reflects that the route to be
reserved is available. CLEC is also strongly encouraged to request a field verification
that the route to be reserved is available. If CLEC does not obtain a field verification,
CLEC assumes the risk that records upon which the UDF inquiry response is based may
be in error. CLEC may reserve UDF for thirty (30), sixty (60), or ninety (90) Days. CLEC
may extend or renew reservations if there is delay in completion of the Collocation build.
All applicable UDF recurring charges specified in Section 9.7.5.2 wil be assessed at the
commencement of the reservation. Nonrecurring charges for Provisioning and cross
connects wil be assessed at the time of installation.
9.7.4 Maintenance and Repair
9.7.4.1 The Parties wil perform cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections wil be repaired by CLEC
and Qwest Cross Connections will be repaired by Qwest. Maintenance and Repair
processes are contained in the Access to OSS Section of this Agreement.
.
9.7.4.2 If it is determined that the UDF does not meet the minimum parameters of
Technical Publication 77383 without fault of CLEC, and if the trouble is in the Qwest
UDF facility, then Qwest wil attempt to repair the UDF as it relates to Qwest cross
connects and jumper at no additional cost. If Qwest cannot repair the UDF to the
minimum parameters set forth in Technical Publication 77383, then Qwest will replace
the UDF at no additional cost if suitable UDF pair(s) are available. If Qwest cannot
replace the UDF with available pairs, then it, upon receipt of CLEC's disconnect order,
will discontinue the recurring charges effective as of the date of the commencement of
the trouble.
January 13, 2010/msd/lntrado/ID/CDS-1 00112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 194
Section 9
Unbundled Network Elements
9.7.5 Rate Elements
Exhibit A provides recurring and nonrecurring rates for Dark Fiber and also provides
Miscellaneous Charges.
.
9.7.5.1 Dark Fiber includes the following rate elements:
a) Initial Records Inquiry (IRI). This rate element is a pre-order
work effort that investigates the availability of UDF. This is a one-time charge for
each route check requested by CLEC. A simple IRI determines if UDF is
available between two (2) Qwest Wire Centers. A complex IRI is used to
determine if a UDF MTE Subloop is available. Qwest will bil CLEC the IRI
immediately upon receipt of the inquiry. The IRI is a record search and does not
guarantee the availability of UDF.
b) Field Verification and Quote Preparation (FVQP). This rate
element is a pre-order work effort to estimate the cost of providing UDF access to
CLEC at locations other than Qwest Wire Centers. Qwest wil prepare a
quotation which wil explain what work activities, timeframes, and additional
costs, including recurring and non-recurring costs, are associated with providing
access to this FDP location. This quotation wil be good for thirty (30) Days. The
FVQP is not necessary when the request is between Qwest Wire Centers (Le.,
simple IRI). If FVQP is applicable pursuant to this section and CLEC orders UDF
that has been reserved after a Field Verification has been performed, then the
charge for FVQP wil be reduced by the amount of the Engineering Verification
charge assessed in the context of the reservation..
c) Engineering Verification. This rate element is an additional records check
for Unbundled Dark Fiber MTE Subloop.
9.7.5.2 The following rate elements are used once the availability of UDF has
been established and CLEC chooses to access UDF.
9.7.5.2.1 Unbundled Dark Fiber - Single Strand - IOF Rate Elements
a) UDF-IOF Termination (Fixed) Rate Element. This rate element
is a recurring rate element and provides a termination at the interoffce
FDP within the Qwest Wire Center. Two (2) UDF-IOF terminations apply
per cross connect provided on the facility. Termination charges apply for
each intermediate office terminating at an FDP or like cross connect
point.
b) UDF-IOF Fiber Transport, (Per Strand) Rate Element. This
recurring rate element applies per strand. This rate element provides a
transmission path between Qwest Wire Centers. This rate element is
mileage sensitive based on the route miles of the UDF rounded up to the
next mile.
c) UDF-IOF Fiber Cross Connect Rate Element. This rate element
has both a recurring and nonrecurring component and is used to extend
the optical connection from the IOF FDP to CLEC's optical Demarcation .
January 13, 201 O/msd/l ntrado/l D/CDS-1 00112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 195
.
.
.
Section 9
Unbundled Network Elements
Point (ICDF). A minimum of two (2) UDF-IOF fiber cross connects apply
per strand. Cross connect charges apply for each intermediate offce
terminating at an FDP or like cross connect point. The nonrecurring rate
will not be charged for cross connects already in place prior to CLEC's
order for UDF-IOF.
9.7.5.2.2 Intentionally Left Blank.
9.7.5.2.3 Intentionally Left Blank.
9.7.5.2.4
Order.
Unbundled Dark Fiber - Order Charge, First Strand/Route, Per
9.7.5.2.4.1 This rate element is the nonrecurring component
assessed for installation of Unbundled Dark Fiber, by the strand. The
element applies for the first strand that is requested to terminate at a
single location.
9.7.5.2.5 Unbundled Dark Fiber - Order Charge, Each Additional
Strand/Route, Per Order.
9.7.5.2.5.1 This rate element is the nonrecurring component
assessed for installation of each additional Unbundled Dark Fiber strand.
The element applies to each additional strand ordered to the same
location, on the same request.
9.7.5.2.6 Unbundled Dark Fiber per Pair - IOF Rate Elements
9.7.5.2.6.1 UDF-IOF Termination (Fixed) Rate Element. This
rate element is a recurring rate element and provides a termination atthe
interoffice FDP within the Owest Wire Center. Two UDF-IOF terminations
apply per pair at each end of the facility. Termination charges apply for
each intermediate Central Offce terminating at an FDP or like cross
connect point.,
9.7.5.2.6.2 UDF-IOF Fiber Transport, (Pair) Rate Element. This
rate element is a recurring component and applies per pair. This rate
element provides a transmission path between Owest Wire Centers. The
recurring component of this rate element is mileage sensitive based on
the route miles of the UDF rounded up to the next mile.
9.7.5.2.7 UDF-IOF Fiber Cross Connect Rate Element.
9.7.5.2.7.1 This rate element has both a recurring and nonrecurring
component and is used to extend the optical connection from the IOF
FDP to CLEC's optical Demarcation Point. A minimum of two (2) UDF-
IOF fiber cross connects apply per pair. Cross connect charges apply for
each intermediate Central Office terminating at an FDP or like cross
connect point. The nonrecurring rate wil not be charged for cross
connects already in place prior to CLEC's order for UDF-IOF.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 196
Section 9
Unbundled Network Elements
9.7.5.2.8
Order.
Unbundled Dark Fiber - Order Charge, First Pair/Route, Per .
9.7.5.2.8.1 This rate element is the nonrecurring component
assessed for installation of Unbundled Dark Fiber, by the pair. The
element applies for the first pair that is requested to terminate at a single
location.
9.7.5.2.9 Unbundled Dark Fiber- Order Charge, Each Additional
Pair/Route, Per Order, Per Location, Per Request.
9.7.5.2.9.1 This rate element is the nonrecurring component assessed
for installation of each additional Unbundled Dark Fiber pair. The element
applies to each additional pair ordered to the same location, or
subsequent locations for CLEC.
9.7.5.2.10 Unbundled Dark Fiber Splice.
9.7.5.2.10.1 This rate element is the nonrecurring charge assessed for
the splice location, if required, to make the UDF MTE Subloop accessible.
This rate element is for the work performed at the accessible first
manhole or splicing location associated with an UDF MTE Subloop order.
9.7.5.2.11 Unbundled Dark Fiber MTE Subloop.
9.7.5.2.11.1 This rate element includes recurring and nonreCUrring.
charges assessed for the UDF MTE Subloop and it is ICB (Individual
Case Basis).
9.7.5.2.12 Miscellaneous Services. The following miscellaneous services, as
described in Section 9.1.12, are available with Dark Fiber. Miscellaneous
Charges apply for miscellaneous services.
a) Cancellation
b) Dispatch
c) Maintenance of Service.
.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 197
Section 9
Unbundled Network Elements.9.8 Intentionally Left Blank
9.9 Intentionally Left Blank
9.10 Intentionally Left Blank
9.11 Intentionally Left Blank
9.12 Intentionally Left Blank
~9.13 Intentionally Left Blank
9.14 Intentionally Left Blank
9.15 Intentionally Left Blank
9.16 Intentionally Left Blank
9.17 Intentionally Left Blank
9.18 Additional Unbundled Elements
CLEC may request non-discriminatory access to and, where appropriate, development of,
additional UNEs not covered in this Agreement pursuant to the Bona Fide Request Process.
. 9.19 Construction Charges
Qwest wil assess whether to build for CLEC in the same manner that it assesses whether to
build for itself. Qwest will conduct an individual financial assessment of any request that
requires construction of network capacity, facilties, or space for access to or use of UNEs.
When Qwest constructs to fulfil CLEC's request for UNEs, Qwest wil bid this construction on a
case-by-case basis. Qwest will charge for the construction through nonrecurring charges as
described in this Section 9.19. When CLEC orders the same or substantially similar service
available to Qwest End User Customers, nothing in this Section shall be interpreted to authorize
Qwest to charge CLEC for special construction where such charges are not provided for in a
Tariff or where such charges would not be applied to a Qwest End User Customer.
9.19.1 Qwest reserves the right to determine if Qwest will undertake requested
construction. Some circumstances under which Qwest wil reject a construction request include,
but are not limited to, if it is determined that the requested element wil jeopardize the reliability
of Qwests existing network, endanger Qwests employees or consumers, is not consistent with
the National Electrical Code (NEC), or does not meet Network Equipment Building Standards
(NEBS) requirements. If Qwest agrees to construct a network element, the following wil apply.
9.19.2 CLEC may request that Qwest construct new facilities for use in providing
services offered as Unbundled Network Elements (UNEs) using the CLEC-Requested
Unbundled Network Elements Construction ("CRUNEC") method. CRUNEC is not required for
requests that can be resolved through facility work or assignments. CRUNEC is not available
for requests for facilties that are not offered as UNEs. Qwests CRUNEC applies to the
. following Wholesale products and services:
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 198
Section 9
Unbundled Network Elements
· Enhanced Extended Loop (EEL)
. Unbundled Subloop
· Unbundled Dark Fiber (UDF)
· Unbundled Dedicated Interoffice Transport (UDIT)
· Unbundled Local Loop
.
9.19.2.1 To make a request for construction of facilities, CLEC must submit a
CRUNEC request by contacting the Qwest service manager.
9.19.3 Rates for CRUNEC
9.19.3.1 A Records Quote Preparation Fee (RQPF) applies, and is a nonrecurring
charge assessed prior to preparation of a Records Quotation, which is a high level
overview and estimate of the cost of construction. This construction estimate is based
on records only and is not binding on Qwest. Credit in the amount of the RQPF wil be
applied to the Construction Quote Preparation Fee that is described below.
9.19.3.2 The Construction Quote Preparation Fee (CQPF) is a nonrecurring
charge assessed prior to preparation of the CRUNEC quotation. The CRUNEC
quotation provides the amount CLEC wil pay should it agree to pursue construction.
Credit in the amount of the CQPF wil be applied to the cost of construction if CLEC
accepts the quoted CRUNEC price and agrees to pursue construction.
9.19.3.2.1 CLEC may choose to first receive a Records Quotation, or may .
choose to forego the Records Quotation and pay the CQPF for the CRUNEC
quotation, at any time after receiving notification that facilties are not available to
complete a service request.
9.19.3.3 Qwest wil retain the CQPF if CLEC chooses not to proceed with the
construction. At any point after remitting payment for construction, if CLEC decides to
begin but then to discontinue construction, Qwest wil refund the Construction payment,
excluding expenditures already incurred by Qwest for work completed (including work
Engineered, Furnished and/or Installed (EF&I)). Qwest wil provide a brief description of
work completed.
9.19.3.3.1 EF&I is defined as:
. Engineering labor to analyze the needs for the requested UNE and
design and issue the required work orders
. Furnished material cost
· Installation labor costs to complete the work order
9.19.3.4 The amount of the CRUNEC quotation is determined using the same
financial analysis criteria, and costs to recover for EF&I, that Qwest uses to assess
whether to build the equivalent facilities for itself.
9.19.3.5 Rates are included in Exhibit A to this Agreement..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 199
.
.
.
Section 9
Unbundled Network Elements
9.20 Intentionally Left Blank
9.21 line Splitting
9.21.1 Description
Line Splitting provides CLEC/DLEC with the opportunity to offer advanced data service
simultaneously with voice service when CLEC obtains switching as a Network Element pursuant
to a separate written agreement. Line Splitting uses the frequency range above the voice band
on a single Loop for the advanced data service. The advanced data service may be provided
by the Customer of record or another data service provider chosen by the Customer of record.
A Splitter must be inserted into the Loop to accommodate establishment of the advanced data
service. The Splitter separates the voice and data traffc and allows the copper Loop to be used
for simultaneous DLEC data transmission and CLEC provided voice service to the End User.
"CLEC" wil herein be referred to as the voice service provider while "DLEC" wil be referred to
as the advanced data service provider. CLEC and DLEC may be the same entity.
9.21.2 Terms and Conditions
9.21.2.1 General
9.21.2.1.1 The Customer of record (the voice service provider) will order the
insertion of a Splitter. Qwest is not responsible for providing the Splitter, filter(s)
and/or other equipment necessary for the End User to receive separate voice
and data service across a single copper Loop.
9.21.2.1.2 To order Line Splitting, CLECIDLEC must have a Splitter installed
in the Qwest Wire Center that serves the End User. The POTS Splitter must
meet the requirements for Central Offce equipment Collocation set by the FCC
or be compliant with ANSI T1.413.
9.21.2.1.3 CLEC/DLEC may provide any xDSL services that are compatible
with CLEC's voice service in accordance with ANSI T1.413 or IEEE 820 or other
industry standards.
9.21.2.1.4 There may be only one DLEC at any given time that provides
advanced data service on any given Line Splitting arrangement.
9.21.2.1.5 The Customer of record wil be able to request conditioning on the
Unbundled Loop portion of the Line Splitting arrangement. Qwest wil perform
requested conditioning of shared Loops to remove load coils and excess Bridged
Taps. If CLEC requests conditioning and such conditioning significantly
degrades the voice services on the Loop to the point that it is unacceptable to
CLEC, CLEC shall pay the conditioning rate set forth in Exhibit A to recondition
the Loop.
9.21.2.1.6 Splitters may be installed in Qwest Wire Centers at the discretion
of CLEC/DLEC: via the standard Collocation arrangements set forth in the
Collocation Section; of this Agreement. Under either option, Splitters wil be
appropriately hard-wired or pre-wired so that Qwest is not required to inventory
more than two (2) points of termination. For Line Splitting, Qwest shall use the
January 13, 2010/msd/lntrado/ID/CDS-100112-Q010
Qwest Fourteen State Negotiations Template, December 29, 2008 200
Section 9
Unbundled Network Elements
same number of Cross Connections and the same length of the tie pairs as it .
uses for other split services under this Agreement.
9.21.2.1.7 Intentionally Left Blank
9.21.2.1.8 Splitter Collocation requirements are covered in the Shared Loop
Section of this Agreement.
9.21.3 Rate Elements
The following Line Splitting rate elements are contained in Exhibit A of this Agreement.
9.21.3.1 Recurring Rates for Line Splitting.
9.21.3.1.1 Interconnection TIE Pairs (ITP). A monthly recurring charge to
recover the costs associated with the use of 2 ITPs, one for voice and one for
voice/data.
9.21.3.1.2 OSS Charge - A monthly recurring charge to recover the cost of
the OSS modifications necessary to provide access to the high frequency portion
of the Loop. See Section 9.4.4 of Exhibit A.
9.21.3.2 Nonrecurring Rates for the Line Splitting
9.21.3.2.1 Basic Installation Charge for Line Splitting - A nonrecurring
charge for each Line Splitting arrangement installed wil apply. .
9.21.3.2.2 Charge for conditioning Loop associated with Line Splitting - A
nonrecurring charge for either conditioning the Loop by removing load coils
and/or excess Bridged Taps; or reconditioning the line if necessary to assure the
quality of the voice service on the voice service.
9.21.3.3 Nonrecurring Rates for Maintenance and Repair
9.21.3.3.1 Trouble Isolation Charge - A nonrecurring charge for Trouble
isolation will be applied in accordance with the Access to OSS- Maintenance and
Repair Section.
9.21.3.3.2 Additional Testing - The Customer of record may request Qwest
to perform additional testing, and Qwest may decide to perform the requested
testing on a case-by-case basis. A nonrecurring charge will apply in accordance
with Exhibit A, Section 9.20.4.
9.21.3.4 Rates for Splitter Collocation are included in Section 8.1.20 of Exhibit A of
this Agreement.
9.21.3.5 Exhibit A identifies the rates that have been approved by the
Commission. The other rates are interim and will be subject to true-up based on either
mutually agreed permanent rates or permanent rates established in a cost proceeding
conducted by the Commission. In the event interim rates are established by the .
Commission before permanent rates are set, the interim rates set forth in Exhibit A wil
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 201
.
.
.
9.21.4
9.21.5
9.21.6
Section 9
Unbundled Network Elements
be changed to reflect the interim rates set by the Commission; however, no true up wil
be performed until mutually agreed to permanent rates are established or permanent
rates are established by the Commission.
Ordering. Process
9.21.4.1 Line Splitting
9.21.4.1.1 As a part of the pre-order process,CLECIDLEC may access Loop
characteristic information through the Loop Qualification and Raw Loop Data
Tools described in the Support Functions Section. The Customer of record wil
determine, in its sole discretion and at its risk, whether to add data services to
any specific Loop.
9.21.4.1.2 The Customer of record wil provide on the LSR, the appropriate
frame terminations that are dedicated to Splitters. Qwest wil administer all cross
connects/jumpers on the COSMIC/MDF and IDF.
9.21.4.1.3 Basic Installation "lift and lay" procedure wil be used for all Line
Splitting orders. Under this approach, a Qwest technician "lifts" the Loop from its
current termination in a Qwest Wire Center and "lays" it on a new termination
connecting to CLEC's/DLEC's collocated equipment in the same Wire Center.
9.21.4.1.4 The Customer of record shall not place orders for Line Splitting
until all work necessary to provision Line Splitting in a given Qwest Wire Center,
including, but not limited to, Splitter installation and tie cable reclassification or
augmentation has been completed.
9.21.4.1.5 If the voice service is disconnected on a Line Splitting
arrangement, the Line Splitting arrangement shall terminate. CLEC may arrange
to provide DSL service to the End User Customer through purchase of another
product.
9.21.4.1.6 The Customer of record (the voice service provider) shall submit
the appropriate LSR's associated with establishing Line Splitting.
Biling
9.21.5.1 For Connectivity Biling, Recording, and Exchange of Information, see
Section 21.
9.21.5.2 Qwest shall bill the Customer of record for all recurring and nonrecurring
Line Splitting rate elements.
Repair and Maintenance
9.21.6.1 Qwest will allow CLECIDLEC to access Line Splittng at the point where
the combined voice and data Loop is cross-connected to the Splitter.
9.21.6.2 The Customer of record wil be responsible for reporting to Qwest voice
service troubles provided over Line Splitting. Qwest will be responsible to repair troubles
January 13, 2010/msd/lntrado/1D/CDS-100112-o010
Qwest Fourteen State Negotiations Template, December 29, 2008 202
Section 9
Unbundled Network Elements
on the physical line between Network Interface Devices at the Customer premises and
the demarcation point in Qwest Wire Centers. CLEC/DLEC wil be responsible for .
repairing data services provided on Line Splitting. Qwest, CLEC and DLEC each wil be
responsible for maintaining its equipment. The entity that controls the Splitters wil be
responsible for their maintenance.
9.21.6.3 Intentionally Left Blank
9.21.6.4 When Splitters are installed in Qwest Wire Centers via Common Area
Splitter Collocation, CLEC/DLEC wil order and install additional Spliter cards as
necessary to increase the capacity of the Splitters. CLEC/DLEC wil leave one (1)
unused, spare Splitter card in every shelf to be used for repair and maintenance until
such time as the card must be used to fil the shelf to capacity.
9.21.6.5 When Splitters are installed in Qwest Wire Centers via standard
Collocation arrangements, CLEC/DLEC may install test access equipment in its
Collocation areas in those Wire Centers for the purpose of testing Line Splitting. This
equipment must meet the requirements for Central Office equipment set by the FCC.
9.21.6.6 Qwest, CLEC and DLEC wil work together to address End User initiated
repair requests and to prevent adverse impacts to the End User.
9.21.7 Customer of Record and Authorized Agents
9.21.7.1 "Customer of record" is defined for purposes of this section as the CLEC
that is providing the voice service. Qwest wil bil the Customer of Record for Line
Splitting. The Customer of record may designate an authorized agent pursuant to the
terms of sections 9.21.7.2 and 9.21.7.3 to perform Ordering and/or Maintenance and
Repair functions.
.
9.21.7.2 In order for the authorized agent of the Customer of record to perform
ordering and/or Maintenance and Repair functions, the Customer of record must provide
its authorized agent the necessary access and security devices, including but not limited
to user identifications, digital certificates and SecurlD cards, that wil allow the authorized
agent to access the records of the Customer of record. Such access wil be managed by
the Customer of Record.
9.21.7.3 The Customer of Record shall hold Qwest harmless with regard to any
harm to Customer of Record as a direct and proximate result of the acts or omissions of
the authorized agent of the Customer of Record or any other person who has obtained
from the Customer of Record the necessary access and security devices through the
Customer of Record, including but not limited to user identifications, digital certificates
and SecurlD cards, that allow such person to access the records of the Customer of
Record unless such access and security devices were wrongfully obtained by such
Person through the willful or negligent behavior of Qwest.
.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 203
Section 9
Unbundled Network Elements.9.22 Intentionally Left Blank
9.23 Unbundled Network Element Combinations
9.23.1 General Terms
9.23.1.1 Qwest shall provide CLEC with non-discriminatory access to
combinations of Unbundled Network Elements, including but not limited to, Enhanced
Extended Loop (EEL), according to the following terms and conditions.
9.23.1.2 Qwest wil offer to CLEC UNE Combinations, on rates, terms and
conditions that are just, reasonable and non-discriminatory in accordance with the terms
and conditions of this Agreement and the requirements of Section 251 and Section 252
of the Act, the applicable FCC rules, and other Applicable Laws. The methods of access
to UNE Combinations described in this section are not exclusive. Qwest wiU make
available any other form of access requested by CLEC that is consistent with the Act
and the regulations thereunder. CLEC shall be entitled access to all combinations
functionality' as provided in FCC rules and other Applicable Laws. Qwest shall not
require CLEC to access any UNE Combinations in conjunction with any other service or
element unless specified in this Agreement or as required for Technical Feasibility
reasons. Qwest shall not place any use restrictions or other limiting conditions on UNE
Combinations accessed by CLEC, except as specified in this Agreement or required by
Existing Rules.
.
9.23.1.2.1 Changes in law, regulations or other "Existing Rules" relating to
UNEs and UNE Combinations, including additions and deletions of elements
Qwest is required to unbundle and/or provide in a UNE Combination, shall be
incorporated into this Agreement pursuant to Section 2.2. CLEC and Qwest
agree that the UNEs identified in Section 9 are not exclusive and that pursuant to
changes in FCC rules, or the Bona Fide Request process, CLEC may identify
and request that Qwest furnish additional or revised UNEs to the extent required
under Section 251(c)(3) of the Act. Failure to list a UNE herein shall not
constitute a waiver by CLEC to obtain a UNE subsequently defined by the FCC.
9.23.1.2.2 CLEC may Commingle UNEs and combinations of UNEs with
wholesale services and facilities (e.g., switched and special access services
offered pursuant to Tariff, and request Qwest to perform the necessary functions
to provision such Commingling. CLEC wil be required to provide the Connecting
Facility Assignment (CFA) of CLEC's network demarcation (e.g., Collocation or
multiplexing facilities) for each UNE, UNE Combination, or wholesale service
when requesting Qwest to perform the Commingling of such services. Qwest
shall not deny access to a UNE on the grounds that the UNE or UNE
Combination shares part of Qwests network with access services. All requests
for combinations and Commingling wil be subject to the terms and conditions in
Section 9.1. In addition to the UNE Combinations provided by Qwest to CLEC
hereunder, Qwest shall permit CLEC to combine any UNE provided by Qwest
with another UNE provided by Qwest or with compatible network components
provided by CLEC or provided by third parties to CLEC in order to provide
Telecommunications Services. Notwithstanding the foregoing, CLEC can
connect its UNE Combination to Qwests Directory Assistance and operator
services platforms.
.
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 204
Section 9
Unbundled Network Elements
9.23.1.3 When ordered as combinations of UNEs, Network Elements that are
currently combined and ordered together wil not be physically disconnected or .
separated in any fashion except for technical reasons or if requested by CLEC. Network
Elements to be provisioned together shall be identified and ordered by CLEC as such.
When CLEC orders in combination UNEs that are currently interconnected and
functional, such UNEs shall remain interconnected or combined as a working service
without any disconnection or disruption of functionality.
9.23.1.4 When ordered in combination, Qwest will combine for CLEC UNEs that
are ordinarily combined in Qwests network, provided that facilities are available.
9.23.1.5 When ordered in combination, Qwest will combine for CLEC UNEs that
are not ordinarily combined in Qwests network, provided that facilities are available and
such combination:
9.23.1.5.1 Is Technically Feasible;
9.23.1.5.2 Would not impair the ability of other Carriers to obtain access to
UNEs or to interconnect with Qwests network; and
9.23.1.5.3 Would not impair Qwests use of its network.
9.23.1.6 When ordered in combination, Qwest will combine CLEC UNEs with
Qwest UNEs, provided that facilities are available and such combination:
9.23.1.6.1 Is Technically Feasible;.9.23.1.6.2 Shall be performed in a manner that provides Qwest access to
necessary facilities;
9.23.1.6.3 Would not impair the ability of other Carriers to obtain access to
UNEs or to interconnect with Qwests network; and
9.23.1.6.4 Would not impair Qwests use of its network.
9.23.2 Description
UNE Combinations are available in, but not limited to, the following standard products: EEL,
subject to the limitations set forth below. If CLEC desires access to a different UNE
Combination, CLEC may request access through the Special Request Process set forth in this
Agreement. Qwest wil provision UNE Combinations pursuant to the terms of this Agreement
without requiring an amendment to this Agreement, provided that all of the UNEs included in the
combination request, and their associated Billng rate elements are contained in this Agreement.
If Qwest develops additional UNE Combination products, CLEC can ordêr such products
without using the Special Request Process, but CLEC may need to submit a New Customer
Questionnaire and execute an amendment before ordering such products.
9.23.3 Terms and Conditions
9.23.3.1 Qwest shall provide non-discriminatory access to UNE Combinations on
rates, terms and conditions that are non-discriminatory, just and reasonable. The quality .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 205
Section 9
Unbundled Network Elements.of a UNE Combination Qwest provides, as well as the access provided to that UNE
Combination, will be equal between all Carriers requesting access to that UNE
Combination; and, where Technically Feasible, the access and UNE Combination
provided by Qwest wil be provided in "substantially the same time and manner" to that
which Qwest provides to itself. In those situations where Qwest does not provide access
to UNE Combinations itself, Qwest wil provide access in a manner that provides CLEC
with a meaningful opportunity to compete.
9.23.3.2 Intentionally Left Blank.
9.23.3.3 Intentionally Left Blank.
9.23.3.4 Intentionally Left Blank.
9.23.3.5 Intentionally Left Blank.
9.23.3.6 Intentionally Left Blank.
9.23.3.7 Enhanced Extended Loop (EEL) -- EEL is a combination of Loop and
dedicated interoffice transport and may also include multiplexing. EEL transport and
Loop facilities may utilize DSO through DS3 bandwidths. The terms and conditions of
Section 9.6 shall apply to the Unbundled Dedicated Interoffce Transport portion of the
EEL. The terms and conditions of Section 9.2 shall apply to the Loop portion of the EEL.
EEL is offered as a conversion from private line/special access or as new installation
subject to the terms of Section 9.1.1..9.23.3.7.1 Service Eligibility Criteria in Section 9.1.1.10 apply to
combinations of high capacity (DS1 and DS3) Loops and interoffice transport
(high capacity EELs). This includes new UNE EELs, EEL conversions (including
commingled EEL conversions) or new commingled EELs (e.g., high capacity
loops attached to special access transport). CLEC cannot utilize combinations of
Unbundled Network Elements that include DS1 or DS3 Unbundled Loops and
DS1 or DS3 Unbundled Dedicated Interoffice Transport (UDIT) to create high
capacity EELs unless CLEC certifies to Qwest that the EELs meet the Service
Eligibility Criteria in Section 9.1.1.10.
9.23.3.7.2 Intentionally Left Blank.
.
9.23.3.7.2.1 Intentionally Left Blank.
9.23.3.7.2.2 Intentionally Left Blank.
9.23.3.7.2.3 Intentionally Left Blank.
'9.23.3.7.2.4 Intentionally Left Blank.
9.23.3.7.2.5 Intentionally Left Blank.
9.23.3.7.2.6 Intentionally Left Blank.
9.23.3.7.2.7 Intentionally Left Blank.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 206
Section 9
Unbundled Network Elements
9.23.3.7.2.8
9.23.3.7.2.9
9.23.3.7.2.10
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
.
9.23.3.7.2.11 CLEC may request the conversion of an existing
private line/special access service to an EEL. Retail and/or resale private
line circuits (including multiplexing) may be converted to EEL if the
conversion is Technically Feasible and they meet the terms of Section
9.1.1. Qwest wil provide CLEC with conversions to EELs according to
the standard intervals set forth in Exhibit C. Work performed by Qwest to
provide Commingled EELs at CLEC's request or to provide services that
are not subject to standard provisioning intervals wil not be subject to
performance measures and remedies, if any, contained in this Agreement
or elsewhere, by virtue of that service's inclusion in a requested
Commingled EEL service arrangement. Provisioning intervals applicable
to services included in a requested Commingled service arrangement wil
not begin to run until CLEC provides a complete and accurate service
request, necessary CFAs to Qwest, and Qwest completes work required
to provide for the Commingling that is in addition to work required to
provision the service as a stand-alone facilty or service.
9.23.3.7.2.11.1 Intentionally Left Blank.
9.23.3.7.2.12 EEL is a combination of Loop and dedicated .
interoffce transport used for the purpose of connecting an End User
Customer to CLEC's Collocation. EEL can also be ordered as a new
installation of circuits for the purpose of CLEC providing services to End
User Customers.
9.23.3.7.2.12.1 Terms and Conditions
9.23.3.7.2.12.2 Intentionally Left Blank.
9.23.3.7.2.12.3 One (1) end of the interoffice facility of a
high capacity EEL must originate at CLEC's Collocation in a Wire
Center other than the Serving Wire Center of the Loop.
9.23.3.7.2.12.4 EEL combinations consist of Loops and
interoffice transport of the same bandwidth (Point-to-Point EEL).
High capacity point-to-point EELs must originate from CLEC's
Collocation in a Wire Center other than the Serving Wire Center of
the Loop. When multiplexing is requested, EEL may consist of
Loops and interoffice transport of different bandwidths
(multiplexed EEL).
9.23.3.7.2.12.5 Intentionally Left Blank.
9.23.3.7.2.12.6 Installation intervals are set forth in Exhibit
C and in the Service Interval Guide (SIG) on the following web site .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 207
.
.
.
Section 9
Unbundled Network Elements
address: http://ww.qwest.com/carrier/guides/sig/index.html.
9.23.3.7.2.12.7 Intentionally Left Blank.
9.23.3.7.2.12.8 EEL is available only where existing
facilities are available.
9.23.3.8
9.23.3.7.2.12.9 Rearrangements may be requested for work
to be performed by Qwest on an existing EEL or on some private
line/special access circuits when coupled with a conversion-as-
specified request to convert to EEL.
Ordering
9.23.3.8.1 Intentionally Left Blank.
CLEC wil submit EEL orders using the LSR process.9.23.3.8.2
9.23.3.8.3 Qwest wil install the appropriate channel card based on the
DSO EEL Loop LSR order and apply the charges.
9.23.3.8.4 Intentionally Left Blank.
9.23.3.8.5 One (1) LSR is required when CLEC orders Point-to-Point EEL.
Multiplexed EEL and EEL Loops must be ordered on separate LSRs.
9.23.3.8.6 Out of Hours Project Coordinated Installations: CLEC may
request project coordinated installations outside of Qwests standard installation
hours. This permits CLEC to obtain a coordinated installation for EEL where
CLEC requests work to be performed outside of Qwests standard installation
hours. For purposes of this Section, Qwests standard installation hours are 8:00
a.m. to 5:00 p.m. (local time), Monday through Friday, excluding holidays.
Installations commencing outside of these hours are considered to be out of
hours project coordinated installations.
9.23.3.8.6.1 The date and time for the out of hours project
coordinated installation requires up-front planning and shall be negotiated
b.etween Qwest and CLEC. All requests will be processed on a first
come, first served basis and are subject to Qwests ability to meet a
reasonable demand. Considerations such as volumes, system down
time, Switch upgrades, Switch maintenance, and the possibility of other
CLECs requesting the same appointment times in the same Switch
(Switch contention) must be reviewed.
9.23.3.8.6.2 To request out of hours project coordinated
installations, CLEC will submit an LSR designating the desired
appointment time. CLEC must specify an out of hours project
coordinated Installation in the "remarks" section of the LSR.
9.23.3.9 Rate Elements
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 208
Section 9
Unbundled Network Elements
Exhibit A provides recurring and nonrecurring rates for EEL and also providesMiscellaneous Charges. .
9.23.3.9.1 EEL Loop. The EEL Loop is the Loop connection between the
End User Customer premises and the Serving Wire Center. EEL Loop is
available in DSO, DS1, and DS3 bandwidths. Recurring and nonrecurring
charges apply.
9.23.3.9.2 EEL Transport. EEL Transport consists of the dedicated
interoffice facilities between Qwest Wire Centers. EEL Transport is available in
DSO, DS1, and DS3 bandwidths. Recurring charges apply.
9.23.3.9.3 EEL Multiplexing. EEL multiplexing is offered in DS3 to DS1
and DS1 to DSO configurations. EEL multiplexing is ordered with EEL Transport.
Recurring and nonrecurring charges apply.
9.23.3.9.4 DSO Low Side Channelization and DSO MUX Low Side
Channelization. EEL DSO Channel Cards are required for each DSO EEL Loop.
Channel Cards are available for Analog Loop Start, Ground Start, Reverse
Battery, and No Signaling.
9.23.3.9.5 Intentionally Left Blank.
9.23.3.9.6 Rearrangements. Nonrecurring charges apply for work
performed by Qwest on an existing EEL or on private line/special access circuits
when coupled with a conversion-as-specified request to convert to EEL.
9.23.3.9.7 Nonrecurring charges apply for conversions of private
line/Special Access to EEL.
.
9.23.3.9.8 Miscellaneous Charges. The following miscellaneous services,
as described in Section 9.1.12, are available with EEL. Miscellaneous Charges
apply for miscellaneous services.
a) Additional labor - installation Miscellaneous Charges apply for out-
of-hours project coordinated installations scheduled to commence out of
hours, or rescheduled by CLEC to commence out of hours, in addition to
standard nonrecurring charges for the installation
b) Additional labor - other Miscellaneous Charges apply for Optional
Testing
c)Cancellation
d)Design change
e)Dispatch
f)Expedite
g)Maintenance of Service..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 209
Section 9
Unbundled Network Elements.9.23.3.10 CLEC may request access to and, where appropriate, development of,
additional UNE Combinations. For UNEs Qwest currently combines in its network,
CLEC can use the Special Request Process (SRP) set forth in Exhibit F. For UNEs that
Qwest does not currently combine, CLEC must use the Bona Fide Request Process
(BFR). In its BFR or SRP request, CLEC must identify the specific combination of
UNEs, identifying each individual UNE by name as described in this Agreement.
9.23.3.11 Intentionally Left Blank.
9.23.3.12 If CLEC is obtaining services from Qwest under an arrangement or
agreement that includes the application of termination liability assessment (TLA) or
minimum period charges, and if CLEC wishes to convert such services to UNEs or a
UNE Combination, the conversion of such services wil not be delayed due to the
applicability of TLA or minimum period charges. The applicabilty of such charges is
governed by the terms of the original agreement, Tariff or arrangement. Nothing herein
shall be construed as expanding the rights otherwise granted by this Agreement or by
law to elect to make such conversions.
9.23.3.13 For installation of new UNE Combinations, CLEC wil not be assessed
UNE rates for UNEsordered in combination until access to all UNEs that make up such
combination have been provisioned to CLEC as a combination.
9.23.3.14
9.23.3.15
Intentionally Left Blank.
Intentionally Left Blank..9.23.3.16 In the event Qwest terminates the Provisioning of any UNE Combination
service to CLEC for any reason, CLEC shall be responsible for providing any and all
necessary notice to its End User Customers of the termination. In no case shall Qwest
be responsible for providing such notice to CLEC's End User Customers. Qwest shall
only be required to notify CLEC.of Qwests termination of the UNE Combination service
on a timely basis consistent with Commission rules and notice requirements.
9.23.3.17 CLEC, or CLEC's agent, shall act as the single point of contact for its End
User Customers' service needs, including without limitation, sales, service design, order
taking, Provisioning, change orders, training, maintenance, trouble reports, repair, post-
sale servicing, Billing, collection and inquiry. CLEC shall inform its End User Customers
that they are End User Customers of CLEC. CLEC's End User Customers contacting
Qwest will be instructed to contact CLEC, and Qwests End User Customers contacting
CLEC wil be instructed to contact Qwest. In responding to calls, neither Party shall
make disparaging remarks about each other. To .the extent the correct provider can be
determined, misdirected calls received by either Party wil be referred to the proper
provider of local Exchange Service; however, nothing in this Agreement shall be deemed
to prohibit Qwest or CLEC from discussing its products and services with CLEC's or
Qwests End User Customers who call the other Party seeking such information.
9.23.4 Rates and Charges
.9.23.4.1 The rates and recurring and nonrecurring charges for the individual
Unbundled Network Elements that comprise UNE Combinations are contained in Exhibit
A, and Exhibit A also provides Miscellaneous Charges.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 210
Section 9
Unbundled Network Elements
9.23.4.1.1 Recurring monthly charges for each Unbundled Network
Element that comprise the UNE Combination shall apply when a UNE .
Combination is ordered.
9.23.4.1.2 Nonrecurring charges, if any, wil apply based upon the cost to
Owest of Provisioning the UNE Combination and providing access to the UNE
Combination.
9.23.4.1.3 Miscellaneous Charges will apply based upon Owest providing
miscellaneous services, if made available, with UNE combination.
9.23.4.2 If the Commission takes any action to adjust the rates previously ordered,
Owest wil make a compliance filng, to incorporate the adjusted rates into Exhibit A.
Upon the compliance filing by Owest, the Parties will abide by the adjusted rates on a
going-forward basis, or as ordered by the Commission.
9.23.4.3 CLEC shall be responsible for Billng its End User Customers served over
UNE Combinations for surcharges required of CLEC by statute, regulation or otherwise
required.
9.23.4.4
9.23.4.5
Intentionally Left Blank.
Intentionally Left Blank.
9.23.4.6 Owest shall have a reasonable amount of time to implement system or
other changes necessary to bil CLEC for Commission-ordered rates or charges .
associated with UNE Combinations.
9.23.5 Ordering Process
9.23.5.1 UNE Combinations and associated products and services are ordered via
an LSR or ASR, as appropriate. Ordering processes are contained in this Agreement
and in the PCAT. The following is a high-level description of the ordering process:
9.23.5.1.1
9.23.5.1.2
Intentionally Left Blank.
Intentionally Left Blank.
9.23.5.1.3 Step 1: Complete product questionnaire with account team
representative.
9.23.5.1.4 Step 2: Obtain Billng Account Number (BAN) through account
team representative.
9.23.5.1.5 Step 3: Allow two (2) to three (3) weeks from Owests receipt of
a completed questionnaire for accurate loading of UNE Combination rates to the
Owest Biling system.
9.23.5.1.6 Step 4: After account team notification, place UNE Combination
orders via an LSR or ASR, as appropriate.
9.23.5.1.7 Additional information regarding the ordering processes is .
January 13, 2010/msdllntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 211
.
.
.
Section 9
Unbundled Network Elements
located in the Owest Product Catalog (PCAT).
9.23.5.2 Prior to placing an order on behalf of each End User Customer, CLEC
shall be responsible for obtaining and have in its possession a Proof of Authorization as
set forth in this Agreement.
9.23.5.3 Standard service intervals for each EEL are set forth in Exhibit C. For
UNE Combinations with appropriate retail analogues, CLEC and Owest wil use the
standard Provisioning interval for the equivalent retail service. CLEC and Owest can
separately agree to Due Dates other than the standard intervaL.
9.23.5.4 Due Date intervals are established when Owest receives a complete and
accurate Local Service Request (LSR) or Access Service Request (ASR) made through
the IMA, EDI or Exact interfaces or through facsimile. For EEL, the date the LSR or
ASR is received is considered the start of the service interval if the order is received on a
business day prior to 3:00 p.m. For EEL, the service interval wil begin on the next
business day for service requests received on a non-business day or after 3:00 p.m. on
a business day. Business days exclude Saturdays, Sundays, New Year's Day, Memorial
Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and Christmas Day.
9.23.5.5
9.23.5.6
Intentionally Left Blank.
Intentionally Left Blank.
9.23.5.7 For EELs, CLEC shall provide Owest and Owest shall provide CLEC with
points of contact for order entry, problem resolution, repair, and in the event special
attention is required on service request.
9.23.6 Biling
9.23.6.1 Owest shall provide CLEC, on a monthly basis, within seven (7) to ten
(10) Days of the last day of the most recent Billng period, in an agreed upon standard
electronic Biling format, Billng information including (1) a summary bill, and (2)
individual End User Customer sub-account information consistent with the samples
available for CLEC review.
9.23.7 Maintenance and Repair
9.23.7.1 Owest wil maintain facilities and equipment that comprise the service
provided to CLEC as a UNE Combination. CLEC or its End User Customers may not
rearrange, move, disconnect or attempt to repair Owest facilities. or equipment, other
than by connection or disconnection to any interface between Owest and the End User
Customer,.without the written consent of Owest.
9.24 Loop Splitting
9.24.1 Description
Loop Splitting provides CLEC/DLEC with the opportunity to offer advanced data service
simultaneously with voice service over an existing Unbundled Loop by using the frequency
range above the voice band on the copper Loop. The advanced data service may be provided
January 13, 2010/msdllntrado/ID/CDS-100112-Q010
Qwest Fourteen State Negotiations Template, December 29, 2008 212
Section 9
Unbundled Network Elements
by the Customer of Record (the voice service provider) or another data service provider chosen
by the Customer of Record. The Splitter separates the voice and data traffc and allows the .
copper Loop to be used for simultaneous DLEC data transmission and CLEC provided voice .
service to the End User Customer. "CLEC" wil herein be referred to as the voice service
provider while "DLEC" wil be referred to as the advanced data service provider. CLECand
DLEC may be the same entity.
9.24.1.1 With regard to Qwests current requirement that Loop Splitting be offered
over an existing Unbundled Loop, Qwest acknowledges that there are ongoing industry
discussions regarding the Provisioning of Loop Splitting over a new Unbundled Loop. If
as a result of those discussions, a process is developed for Loop Splitting over a new
Loop, Qwest wil amend its Agreement to eliminate the limitation of Loop Splitting to
existing Unbundled Loops.
9.24.2 Terms and Conditions
9.24.2.1 General
9.24.2.1.1 Qwest is not responsible for providing the Splitter, fiter(s) and/or
other equipment necessary for the End User Customer to receive separate voice
and data service across a single copper Loop.
9.24.2.1.2 To order Loop Splitting, CLEC/DLEC must have a Splitter
installed in the Qwest Wire Center that serves the End User Customer. The
Splitter must meet the requirements for Central Office equipment Collocation set
by the FCC or be compliant with ANSI T1.413.
9.24.2.1.3 There may only be one DLEC at any given time that provides
advanced data service on any given Unbundled Loop.
.
9.24.2.1.4 If Loop Splitting is requested for an analog Loop, the Loop must
be converted to a 2/4 wire non-loaded Loop.
9.24.2.1,41 The Customer of Record wil be able to request
conditioning of the Unbundled Loop. Qwest wil perform requested
conditioning of Unbundled Loops to remove load coils and excess
Bridged Taps under the terms and conditions associated with Loop
conditioning contained in Section 9.2of this Agreement.
9.24.2.1.4.2 If requested conditioning significantly degrades the
existing service over the Unbundled Loop to the point that it is
unacceptable to CLEC, Customer of Record shall pay to convert back to
an analog Loop.
9.24.2.1.5 Splitters may be installed in Qwest Wire Centers at the
discretion of CLEC/DLEC via the standard or Common Area Splitter Collocation
arrangements set forth in the Collocation Section of this Agreement. Under
either option, Splitters wil be appropriately hard-wired or pre-wired so that points
of termination are kept to a minimum. For Loop Splitting, Qwest shall use the
same length of tie pairs as it uses for other split services provided under this
Agreement, except for the additional CLEC-to-CLEC connection, which is .
January 13, 201 O/msd/l ntrado/l D/CDS-1 00112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 213
.
..
.
Section 9
Unbundled Network Elements
required for Loop Splitting.
9.24.3 Rate Elements
Recurring and nonrecurring charges for the following Loop Splitting rate elements are contained
in Exhibit A, and Exhibit A also provides Miscellaneous Charges.
9.24.3.1 Recurring Rates
9.24.3.1.1 Interconnection Tie Pairs (ITP) - A monthly recurring charge to
recover the costs associated with the use of ITPs.
9.24.3.1.2 OSS Charge - A monthly recurring charge to recover the cost of
the OSS modifications necessary to provide access to the high frequency portion
of the Unbundled Loop.
9.24.3.2 Nonrecurring Rates
9.24.3.2.1 Basic Installation Charge - A nonrecurring charge for Loop
Splitting installed wil apply.
9.24.3.3 Miscellaneous Charges. All miscellaneous services as described in
Section 9.1.12 are available with Subloop. Miscellaneous Charges apply for
miscellaneous services.
9.24.3.4 Rates for Splitter Collocation are included in Exhibit A of this Agreement.
9.24.3.5 All of these rates are interim and wil be subject to true-up based on either
mutually agreed permanent rates or permanent rates established in a cost proceeding
conducted by the Commission. In the event interim rates are established by the
Commission before permanent rates are set, the interim rates set forth in Exhibit A wil
be changed to reflect the interim rates set by the Commission; however, no true up wil
be performed until mutually agreed to permanent rates are established or permanent
rates are established by the Commission.
9.24.4 Ordering Process
9.24.4.1 Loop Splitting
9.24.4.1.1 As a part of the pre-order process, CLEC/DLEC may access
Loop characteristic information through the Loop Information Tool described in
the Access to OSS Section. The Customer of Record wil determine, in its sole
discretion and at its risk, whether to add data services to any specific Unbundled
Loop.
9.24.4.1.2 The Customer of Record wil provide on the LSR, the
appropriate frame terminations that are dedicated to Splitters. Qwest wil
administer all cross connects/jumpers on the COSMIC/MDF and IDF.
9.24.4.1.3 Basic Installation "lift and lay" procedure will be used for all Loop
Splitting orders. Under this approach, a Qwest technician "lifts" the Loop from its
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 214
Section 9
Unbundled Network Elements
current termination in a Qwest Wire Center and "lays" it on a new termination
connecting to CLEC's/DLEC's collocated equipment in the same Wire Center. .
9.24.4.1.4 The Customer of Record shall not place orders for Loop Splitting
until all work necessary to provision Loop Splitting in a given Qwest Wire Center,
including, but not limited to, Splitter installation and tie cable reclassification or
augmentation has been completed.
9.24.4.1.5 The Customer of Record shall submit the appropriate LSRs
associated with establishing Unbundled Loop and Loop Splitting.
9.24.4.1.6 If the voice service is disconnected on a Loop Splittng
arrangement, the Loop Splitting arrangement shall terminate. CLEC may
arrange to provide DSL service to the End User Customer through purchase of
another product.
9.24.5 Biling
9.24.5.1 Qwest shall provide a bill to the Customer of Record, on.a monthly basis,
within seven (7) to ten (10) Days of the last day of the most recent Billng period, in an
agreed upon standard electronic Biling format.
9.24.5.2 Qwest shall bil the Customer of Record for all recurring and nonrecurring
Loop Splittng rate elements.
9.24.6 Repair and Maintenance
9.24.6.1 Qwest wil allow CLEC/DLEC to access Loop Splitting at the point where
the combined voice and data Loop is cross connected to the Splitter.
.
9.24.6.2 The Customer of Record will be responsible for reporting to Qwest
service troubles provided over Loop Splitting. Qwest wil be responsible to repair
troubles on the physical line between Network Interface Devices at the End User
Customer premises and the point of demarcation in Qwest Wire Centers. Qwest, CLEC
and DLEC each wil be responsible for maintaining its equipment. The entity that
controls the Splitters will be responsible for their maintenance.
9.24.6.3 Qwest, CLEC and DLEC wil continue to develop repair and maintenance
procedures for Loop Splitting and agree to document final agreed to procedures in a
methods and procedures document that wil be made available on Qwests web site.
9.24.7 Customer of Record and Authorized Agents
9.24.7.1 "Customer of Record" is defined for the purposes of this section as the
voice service provider. Qwest wil bil the Customer of Record for Loop Splitting. The
Customer of Record may designate an authorized agent pursuant to the terms of
sections 9.24.7.2 and 9.24.7.3 to perform ordering and/or Maintenance and Repair
functions.
9.24.7.2 In order for the authorized agent of the Customer of Record to perform
ordering and/or Maintenance and Repair functions, the Customer of Record must .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 215
.
.
.
Section 9
Unbundled Network Elements
provide its authorized agent the necessary access and security devices, including but
not limited to user identifications, digital certificates and SecurlD cards, that wil allow the
authorized agent to access the records of the Customer of Record. Such access wil be
managed by the Customer of Record.
9.24.7.3 The Customer of Record shall hold Owest harmless with regard to any
harm Customer of Record receives as a direct and proximate result of the acts or
omissions of the authorized agent of the Customer of Record or any other Person who
has obtained from the Customer of Record the necessary access and security devices,
including but not limited to user identifications, digital certificates and SecurlD cards, that
allow such Person to access the records of the Customer of Record unless such access
and security devices were wrongfully obtained by such Person through the wilful or
negligent behavior of Owest.
9.25 Loop.Mux Combination (LMC)
9.25.1 Description
9.25.1.1 Loop-Mux combination (LMC) is an unbundled Loop as defined in
Section 9.2 of this Agreement (referred to in this Section as an LMC Loop)
Commingled with a private line (PL T), or with a special access (SA), Tariffed DS1
or DS3 multiplexed facility with no interoffice transport. The PL T/SA multiplexed
facility is provided as either an Interconnection Tie Pair (ITP) or Expanded
Interconnection Termination (EICT) from the high side of the multiplexer to
CLEC's Collocation. The multiplexer and the Collocation must be located in the
same Owest Wire Center.
9.25.1.2 LMC provides CLEC with the ability to access End User
Customers and aggregate DS1 or DSO unbundled Loops to a higher bandwidth
via a PLT/SA DS1 or DS3 multiplexer. There is no interoffce transport between
the multiplexer and CLEC's Collocation.
9.25.1.3 Owest offers the LMC Loop as a billng conversion or as new
provisioning.
9.25.2 Terms and Conditions
9.25.2.1 An Extended Enhanced Loop (EEL) may be commingled with the
PL T/SA multiplexed facility.
"
9.25.2.2 LMC Loops wil be provisioned where existing facilities are
available.
9.25.2.3 The PL T/SA DS1 or DS3 multiplexed facility must terminate in a
Collocation.
9.25.2.4 The multiplexed facility is subject to all terms and conditions
(ordering, provisioning, and biling) of the appropriate Tariff.
9.25.2.5 The multiplexer and the Collocation must be located in the same
Owest Wire Center.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 216
Section 9
Unbundled Network Elements
9.25.2.6 Rearrangements may be requested for work to be performed by .
Owest on an existing LMC Loop, or on some private line/special access circuits,
when coupled with a conversion-as-specified request to convert to LMC Loop.
9.25.3 Rate Elements
Exhibit A provides recurring and nonrecurring rates for LMC and also provides
Miscellaneous Charges.
9.25.3.1 The LMC Loop is the Loop connection between the End User
Customer Premises and the multiplexer in the serving Wire Center where CLEC
is Collocated. LMC Loop is available in DSO and DS1. Recurring and non-
recurring charges apply.
9.25.3.2 DSO Mux Low Side Channelization. LMC DSO channel cards
are required for each DSO LMC Loop connected to a 1/0 LMC multiplexer.
Channel cards are available for analog loop start, ground start, reverse battery,
and no signaling. See channel performance for recurring diarges.
9.25.3.3 Nonrecurring charges apply for billing conversions to LMC Loop.
9.25.3.4 Nonrecurring charge apply for rearrangements of an existing
LMC Loop, or on some private line/special access circuits, when coupled with a
conversion-as-specified request to convert to LMC Loop.
9.25.3.5 Nonrecurring charges apply for conversion of private line/special .
access to LMC.
9.25.3.6 Miscellaneous Charges. The following miscellaneous services,
as described in Section 9.1.12, are available with LMC. Miscellaneous Charges
apply for miscellaneous services.
a) Additional labor.. installation Miscellaneous Charges apply for out-
of-hours project coordinated installations scheduled to commence out of
hours, or rescheduled by CLEC to commence out of hours, in addition to
standard nonrecurring charges for the installation
b) Additional labor - other Miscellaneous Charges apply for Optional
Testing
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 217
Section 9
Unbundled Network Elements.9.25.4 Ordering Process
9.25.4.1 Ordering processes for LMC Loop(s) are contained in this
Agreement and in Qwests Product Catalog (PCAT). The following is a high-level
description of the ordering process:
9.25.4.1.1 Step 1: Complete product questionnaire for LMC Loop(s)
with account team representative.
9.25.4.1.2 Step 2: Obtain billng account number (BAN) through
account team representative.
9.25.4.1.3 Step 3: Allow two (2) to three (3) weeks from Qwests
receipt of a completed questionnaire for accurate loading of LMC rates to
the Qwest biling system.
9.25.4.1.4 Step 4: After account team notification, place LMC Loop
orders via an LSR.
.
9.25.4.2 Prior to placing an order on behalf of each End User Customer,
CLEC shall be responsible for obtaining and have in its possession a Proof of
Authorization (POA) as set forth in this Agreement.
9.25.4.3 Standard service intervals for LMC Loops are in the Service
Interval Guide (SIG) available at ww.qwest.com/wholesale.
9.25.4.4 Due date intervals are established when Qwest receives a
complete and accurate LSR made through the IMA or EDI interfaces or through
facsimile. For LMC Loops, the date the LSR is received is considered the start of
the service interval if the order is received on a business day prior to 3:00 p.m:
For LMC Loops, the service interval will begin on the next business day for
service requests received on a non-business day or after 3:00 p.m. on a
business day. Business days exclude Saturdays, Sundays, New Year's Day,
Memorial Day, Independence Day (4th of July), Labor Day, Thanksgiving Day and
Christmas Day.
.
9.25.4.5 Out of Hours Project Coordinated Installations: CLEC may
request an out of hours project coordinated Installation. This permits CLEC to
obtain a coordinated installation for LMC Loops with installation work performed
by Qwest outside of Qwests standard installation hours. For purposes of this
Section, Qwests standard installation hours are 8:00 a.m. to 5:00 p.m. (local
time), Monday through Friday, except holidays. Installations commencing
outside of these hours are considered to be out of hours project coordinated
installations.
9.25.4.5.1 The date and time for the out of hours project coordinated
installation requires up-front planning and shall be negotiated between
Qwest and CLEC. All requests wil be processed on a first come, first
served basis and are subject to Qwests ability to meet a reasonable
demand. Considerations such as volumes, system down time, Switch
upgrades, Switch maintenance, and the possibility of other CLECs
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 218
Section 9
Unbundled Network Elements
requesting the same appointment times in the same Switch (Switchcontention) must be reviewed. .
9.25.4.5.2 To request out of hours project coordinated installations,
CLEC wil submit an LSR designating the desired appointment time.
CLEC must specify an out of hours project coordinated Installation in the
"remarks" section of the LSR.
9.25.5 Biling
9.25.5.1 Owest shall provide CLEC, on a monthly basis, within seven to ten
(7 to 10) Days of the last day of the most recent biling period, in an agreed upon
standard electronic biling format, biling information including (1) a summary bil,
and (2) individual End User Customer sub-account information.
9.25.6 Maintenance and Repair
9.25.6.1 Owest wil maintain facilties and equipment for LMC Loops
provided under this Agreement. Owest will maintain the multiplexed facility
pursuant to the Tariff. CLEC or its End User Customers may not rearrange,
move, disconnect or attempt to repair Owest facilities or equipment, other than by
connection or disconnection to any interface between Owest and the End User
Customer, without the prior written consent of Owest.
.
.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 219
Section 10
Ancilary Services.Section 10.0 - ANCILLARY SERVICES
10.1 Interim Number Porta~ilty
10.1.1 Description
10.1.1.1 Interim Number Portability (INP) service is an arrangement that allows an
End User Customer to retain its dialed telephone number when switching to another
service provider. INP service can be provided by Qwest to CLEC or by CLEC to Qwest.
For the purposes of this section, the Party porting traffic to the other Party shall be
referred to as the "INP Provider" and the Party receiving INP traffc for termination shall
be referred to as the "INP Requestor."
1 0.1.1.2 INP applies to those situations where an End User Customer elects to
transfer to a New Service Provider and such End User Customer also wishes to retain its
existing telephone number. INP consists of INP Provider's provision to the INP
Requestor the capability to route calls placed to telephone numbers assigned to the INP
Provider's Switches to the INP Requestor's Switches. INP is available only for working
telephone numbers assigned to the INP Provider's End User Customers who request to
transfer to the INP Requestor's service. Local Interconnect Service (US) is required for
INP.
.10.1.1.3 INP is available as INP-Remote Call Forwarding (INP-RCF), Direct
Inward Dialing (DID), and Directory Number Route Index (DNRI) and NXX Migration.
DNRI is available as either direct to an End Ofice Switch or through a Tandem Switch,
also referred to as DNRI Tandem (RIPH) or portability hub. NXX Migration, Or Local
Exchange Routing Guide Reassignment, reassigns the entire Central Office Code (NXX)
to CLEC's Switch if the NXX Code is used solely for one (1) End User Customer.
10.1.1.4 Remote Call Forwarding (RCF)
10.1.1.4.1 RCF permits a call to an INP Provider's assigned telephone
number to be translated to the INP Requestor's dialable local telephone number.
With the RCF solution, a permanent RCF is established in Qwests Switch
forwarding any incoming call to the telephone number assigned and maintained
in CLEC's Switch.
10.1.1.4.2 INP via RCF also requires offce equipment (OE), on a per
telephone number basis. The INP Requestor wil need to provide a forecast of
deployment sites and estimated quantities of ported telephone numbers to assist
in an assessment of available porting methods. Each request for INP via RCF'
wil be analyzed by the Infrastructure Availability Center, lAC, to determine if OE
is available.
10.1.1.5 Direct Inward Dialing (DID)
.
DID permits incoming calls to be ported to the INP Requestor's Switch via a DID trunk
configuration. Each DID trunk group used for INP is dedicated to carrying DID INP traffc
between Qwests End Office Switch and CLEC's End Office Switch. The traffic on these
trunks cannot overflow to other trunks. In addition, inter-Switch signaling for DID is
limited to multi-frequency (MF). This precludes passing the Callng Line ID to CLEC's
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 220
Section 10
Ancilary Services
End Office Switch. With DID, because there is no SS7 capability, there are CLASS
feature limitations. For DID, the INP Provider wil deliver the dialed telephone number to .
the INP Requestor's Central Offce.
10.1.1.6 Directory Number Route Indexing (DNRI)
DNRI permits incoming calls to be ported to the INP Requestor's End Office Switch via a
route index. A permanent route index is assigned to the End User Customer's ported
telephone number in the INP Provider's End Office Switch. The INP Provider wil deliver
the dialed seven digit telephone number to the INP requestor's Central Office. INP
Requestor may terminate the call as desired. Additional capacity for simultaneous call
forwarding is available where Technically Feasible. The INP Requestor wil need to
specify the number of simultaneous calls to be forwarded for each telephone number
ported. DNRI Tandem Switch routing requires an additional thirty (30) Days lead time to
establish technical requirements for routing the ported calls.
10.1.2 Terms and Conditions
10.1.2.1 Qwest and CLEC wil provide INP service in a non-discriminatory manner
and with as little impairment of functioning, quality, reliability and convenience as
possible.
10.1.2.2 Qwest wil coordinate INP with Unbundled Loop cutovers in a reasonable
amount of time and with minimum service disruption.
10.1.2.3 The Parties shall provide INP on a reciprocal basis to each other to the .
extent Technically Feasible, and in accordance with rules and regulations as, from time
to time, prescribed by the FCC and/or the Commission.
10.1.2.4 Until the long term number portability solution, referred to as Local
Number Portability (LNP), is implemented by the industry pursuant to regulations issued
by the FCC or the Commission, the Parties agree to provide INP to each other through
RCF, DID, DNRI and NXX migration. Local Interconnect Service (LIS) is required for
INP.
10.1.2.5 Once Local Number Portability has been implemented within a Wire
Center, INP wil no longer be available for ordering within that Wire Center.
10.1.2.6 Upon LNP implementation, the INP offerings wil be withdrawn subject to
advance notice to the other Party. Both Parties wil conform to the Western Region LNP
Technical and Operations team guidelines and agreements for completion of INP to LNP
conversion activity.
..
10.1.2.7 The INP Requestor's designated INP End Office Switch must return
answer and disconnect supervision to the INP Provider's End Office Switch.
10.1.2.8 The INP Requestor wil provide to the E911 database provider the
network telephone number that the INP Requestor assigned to the INP Provider-
assigned, ported telephone number. Updates to and maintenance of the INP
information to the E911 database are the responsibilty of the INP Requestor. For
consistency in administration, the INP Requestor shall enter into a separate agreement .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 221
Section 10
Ancilary Services.with the E911 database provider.
10.1.2.9 Qwest wil update its Line Information Database (UDB) listings for ported
telephone numbers as directed by CLEC. Qwest wil restrict or cancel callng cards
associated with these ported telephone numbers. UDBupdates shall be completed by
the Parties on the same business day each INP arrangement is activated.
10.1.2.10 An INP telephone number may be assigned by INP Requestor only to the
INP Requestor's End User Customers located within the INP Provider's Local Calling
Area and toll rating area that is associated with the NXX Code of the ported telephone
number.
10.1.2.11 INP is applicable only if the INP Requestor is engaged in a reciprocal
traffic exchange arrangement with the INP Provider.
10.1.2.12 Only the existing INP Provider assigned End User Customer telephone
number may be used as a ported telephone number for INP.
10.1.2.13 An INP telephone number must be active and assigned to an End User
Customer to accommodate INP.
10.1.2.14 INP services shall not be re-sold, shared or assigned by either Party to
another LEC or CLEC.
.10.1.2.15 INP is not offered for NXX Codes 555, 976, 960, and coin telephones,
and Service Access Codes (Le., 500, 700, 8XX, 900). INP is not available for Feature
Group A seven-digit telephone numbers, including Foreign Exchange. Furthermore, INP
telephone numbers may not be used for mass callng events.
.
10.1.2.16 The ported telephone number will be returned to the End Office Switch
which originally had the ported telephone number when the End User Customer
disconnects service from the INP Requestor. The INP Requestor shall not retain it and
reassign it to another End User Customer. The normal intercept announcement wil be
provided by the INP Provider for the period of time until the telephone number is
reassigned by the INP Provider.
10.1.2.17 Forecasts for INP must be included in the forecasting process detailed in
Section 7 of this Agreement.
10.1.2.18 NXX Migration, or Local Exchange Routing Guide Reassignment,
reassigns the entire Central Office Code (NXX) to CLEC's End Office Switch if the NXX
Code is used solely for one (1) End User Customer. Where one Party has activated an
entire NXX Code for a single End User Customer, or activated a substantial portion of an
NXX Code fora single End User Customer with the remaining telephone numbers in that
NXX Code either reserved for future use or otherwise unused, if such End User
Customer chooses to receive service from the other Party, the first Party shall cooperate
with the second Party to have the entire NXX Code reassigned to an End Office Switch
operated by the second Party through the NANP administrator. In addition, both Parties
agree to cooperate in arranging necessary updates and industry notification in the LERG
(and associated industry databases, routing tables, etc.). Such transfer wil be
accomplished with appropriate coordination between the Parties and subject to
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 222
Section 10
Ancilary Services
appropriate industry lead-times (as identified in the LERG guidelines and the Central
Office Code Administration guidelines) for movement of NXX Codes from one End Office .
Switch to another. Other applications of NXX Code migration wil be discussed by the
Parties as circumstances arise.
10.1.3 Ordering
10.1.3.1 Both Parties shall comply with ordering standards as developed by the
industry. INP service is ordered via a Local Service Request and associated Number
Portability forms. Specific details regarding the ordering of INP service is contained in
the PCAT.
10.1.3.2 CLEC may order INP service either manually or through an electronic
interface. The electronic gateway solution for ordering service is described in Section 12
of this Agreement.
10.1.3.3 Service intervals for INP are described below. These intervals apply
when facilities and network capacity is available. Where facilities or network capacity is
not available, intervals are on an Individual Case Basis (ICB). Orders received after
3:00 P.M. are considered the next business day. The following service intervals have
been established for Interim Number Portability:
Number of Lines Interval
Simple (1 FR/1 FB)
1-49 lines
50 or more lines
3 business days
ICB .
Complex (PBX Trunks/ISDN)
1-8 lines or trunks
9-16 lines or trunks
17-24 lines or trunks
25 or more lines or trunks
5 business days
6 business days
7 business days
ICB
Centrex
1-10 lines
11-20 lines
21 or more lines
5 business days
1 0 business days
ICB
Out of Hours Conversions
Any quantity ICB
10.1.3.4 Qwest wil provide FOCs to CLECs within a reasonable time, no later than
48 hours after receipt of complete and accurate orders for regular POTS or simple
business End User Customers. The FOC interval for all other complex orders wil be
within a reasonable time, no later than 8 business days from receipt of complete and
accurate orders. The FOC for ICB orders will reflect an ICB FOC date.
10.1.3.5 For purposes of this Section, Qwests normal business hours are 7:00
a.m. to 7:00 p.m., local time, Monday through Friday. CLEC may also request a Frame
Due Time (FDT) of 5:00 a.m. as a normal business hour, Monday through Friday. .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 223
.
.
.
Section 10
Ancilary Services
Requests for Frame Due Times other than the 5:00 a.m. or 7:00 a.m. to 7:00 p.m.
normal business hours shall be considered an out of hours cut.
10.1.3.6 CLEC shall request service within the normal business hours by
submitting a Local Service Request (LSR) and designating the requested Frame Due
Time. Requests for Frame Due Times within normal business hours wil be proactively
managed by Owest to ensure that the Frame Due Time is met.
10.1.3.7 Out of Hours Cut
10.1.3.7.1 Out-of-hours cuts permit CLEC to select either a coordinated or
non-coordinated cut for INP service outside of Owests normal business hours.
For planning purposes, CLEC shall provide Owest with a forecast of out-of-hours
coordinated cuts at least two weeks prior to CLEC placing an order in a particular
state. Forecasts should include the anticipated Frame Due Times and volumes
to be ported out of hours.
10.1.3.7.2 CLEC shall request out of hours cuts by submitting a Local
Service Request (LSR) and designating the desired FDT outside of the normal
business hours. In the Remarks section of the LSR, CLEC must specify an Out
of Hours cut and the type of cut (coordinated or non-coordinated).
10.1.3.7.3 The date and time for the coordinated cut may need to be
negotiated between Owest and CLEC because of system downtime, Switch
upgrades, Switch maintenance, and the possibilty of other CLECs requesting the
same FDT in the same Switch (Switch contention). Because of this up-front
coordination and FDT negotiation efforts, Firm Order Confirmation (FOC) of the
FDT wil require additional time. In the event that this situation would occur,
Owest wil negotiate with CLEC to provide the FOC within a reasonable time
frame.
10.1.3.7.4 Non-Coordinated Out of Hours Cut
10.1.3.7.4.1 CLEC shall request out of hours non-coordinated
cuts by submitting a LSR and designating a 1 :00 a.m. FDT (Due Date)
which is outside of the normal business hours. Non-coordinated cuts
allow CLEC to request a Owest FDT of 1 :00 a.m. where the actual cut
occurs between the hours of 1 :00 a.m. and 7:00 a.m., with the cut
completed by 7:30 a.m. of that Day (if the requested date is a business
day, or by 7:30 a.m. of the next business day).
10.1.3.7.4.2 Conversion desk activities and escalation processes
for non-coordinated out of hour cuts are accomplished during the
business day prior to the cut.
10.1.3.7.4.3 CLEC will not incur additional charges for non-
coordinated out of hours cuts.
10.1.3.7.5 Coordinated Out of Hours Cut
10.1.3.7.5.1 CLECs shall request a coordinated out of hours cut
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 224
Section 10
Ancilary Services
by submitting a LSR and designating the requested FDT.
10.1.3.7.5.2 Out of hours coordinated cuts wil be managed by a
Qwest project manager. Coordination of this effort requires an up-front
internal planning session. Any changes to the original FDT wil be
negotiated with CLEC and wil occur prior to issuing an FOC.
10.1.3.7.5.3 CLEC will incur additional charges for coordinated
out of hours cuts.
.
10.1.3.8 End User Customer Impacts
10.1.3.8.1 The INP Requestor is responsible for all dealings with and on
behalf of its End User Customers, including all End User Customer account
activity (e.g., End User Customer inquiries and complaints).
10.1.3.8.2 Each Party is responsible for obtaining a Proof of Authorization
from its End User Customers who request a transfer of the End User Customer's
telephone number from the other Party.
10.1.3.8.3 The INP Provider wil work cooperatively with the INP Requestor
to ensure a smooth End User Customer transition and to provide for coordination
with other facilities (e.g., Loops).
10.1.3.8.4 If an End User Customer requests transfer of service from the
INP Requestor back to the INP Provider, the INP Provider may rely on that End .
User Customer request to institute cancellation of the INP service. The INP
Provider wil provide at least 48 hours notice to the INP Requestor of the
cancellation of INP service, and wil work cooperatively with the INP Requestor to
ensure a smooth End User Customer transition and to provide for coordination
with other facilities (e.g., Loops).
10.1.3.8.5 The INP Requestor will submit to the INP Provider a disconnect
order for each ported telephone number that is relinquished by the INP
Requestor's End User Customers. Qwest will provide an electronic interface for
the purpose of ordering INP service. This interface may be accomplished by
either a GUI (Graphical User Interface) or EDI (Electronic Data Interchange).
10.1.4 Maintenance and Repair
10.1.4.1 CLEC is responsible for its own End User Customers and wil have the
responsibility for resolution of any service trouble report(s) from its End User Customers.
End User Customers of CLEC wil be instructed to report all cases of trouble to their
Service Provider.
10.1.4.2 CLEC and Qwest wil provide to their respective End User Customers the
correct telephone numbers to call for access to their respective repair bureaus. CLEC
and Qwest wil provide their repair contact telephone numbers to one another on a
reciprocal basis.
10.1.4.3 Qwest wil work cooperatively with CLEC to resolve trouble reports when .
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 225
.
.
.
Section 10
Ancilary Services
the trouble condition has been isolated and found to be within a portion of the Qwest
network. Qwest will perform standard tests to isolate and repair the trouble. For INP
trouble reports, Qwest wil not be responsible for testing the Unbundled Loop leased by
CLEC.
10.1.4.4 The trouble ticket wil be closed by the functional group that corrected the
trouble. This group wil also contact CLEC to inform them that the ticket has been
closed. Current trouble codes and analysis codes wil be entered to the trouble ticket.
10.1.5 Rate Elements
10.1.5.1 INP Rate Elements
In accordance with Commission requirements, Qwest recovers an appropriate allocation
of its INP costs through charges to CLEC for each NXX Code assigned to CLEC. Per
Commission Orders, a true-up will be completed semi-annually. The true-up is a
mechanism for readjusting the monthly charge based on forecasted quantities, to
account for actual quantities during the year. The Parties wil comply with the FCC rules
and Commission decisions on cost recovery for Interim Number Portabilty. Exhibit A of
this Agreement contains Interim Number Portability rates.
10.1.5.1.1 In accordance with Commission requirements, Qwest recovers
an appropriate allocation of its INP costs through charges to CLEC for each NXX
Code assigned to CLEC. Per Commission Orders, a true-up wil be completed
semi-annually. The true-up is a mechanism for readjusting the monthly charge
based on forecasted quantities, to account for actual quantities during the year.
10.1.5.1.2 Charges for Coordinated Out of Hours Cuts. Charges for
coordinated out of hours cuts shall be based upon actual hours worked at
Qwests overtime rate, time and one-half rates for timeframes outside of Qwests
normal hours except for Sundays and Holidays. Charges for coordinated out of
hours cuts on Sundays and Holidays shall be based upon Qwests overtime
premium rate, which is ,double time. Overtime rates wil be. multiplied by the
number of Qwest personnel actively participating in the cut, multiplied by the
number of hours required for the cut. Exhibit A of this Agreement contains
overtime rates for coordinated out of hours cuts.
10.1.5.1.2.1 Qwest wil schedule the appropriate number of
employees prior to the cut, based upon information provided by CLEC: If
such information requires modification during the cut and, as a result,
non-scheduled employees are required, CLEC shall be charged a four
hour minimum callout.
10.1.5.2 Switched Access Revenues. Qwest wil comply with the FCC and
Commission rules regarding the sharing of terminating Switched Access revenues.
Once the End Office Switch is converted to long term number portability (LNP), CLEC
has the ability to directly bill the Interexchange Carrier, and no sharing of terminating
Switched Access revenues is required.
10.1.5.2.1 The Switched Access rate elements are identified in Qwests
Switched Access Tariff.
January 13, 2010/msd/lntrado/ID/CDS-1 00112-001 0
Qwest Fourteen State Negotiations Template, December 29,2008 226
Section 10
Ancilary Services
10.1.5.2.2 Owest wil use ARMIS data to determine the average Minutes of
Use (MOU) by jurisdiction. ARMIS data is updated on a yearly basis. .
10.1.5.2.3 The number of lines to be used in determining the amount of
terminating Switched Access wil be extracted from the Owest corporate data
warehouse once each month. This database contains billed information for
posted orders.
10.1.5.2.4 The calculation of the terminating Switched Access charges,
along with the appropriate data for the preceding month wil be provided to CLEC
to support the payment. Owest wil pay the pass through amounts to CLEC
within one month. Disputes wil be processed as though this credited amount
were a biled amount under this Agreement.
10.2 Local Number Portabilty
10.2.1 Description
10.2.1.1 Local Number Portability (LNP) is defined by the FCC as the ability of
users of Telecommunications Services to retain, at the same location, existing
Telecommunications numbers without impairment of quality, reliability, or convenience
when switching from one Telecommunications Carrier to another. Owest wil allow
CLEC to port telephone numbers for its End User Customers in the same manner as
Owest ports telephone numbers for Owest End User Customers. CLEC may port
telephone numbers into and out of Owest End Offce Switches on behalf of an End User
Customer using the FCC rules and industry guidelines as described in the following .
Sections.
10.2.1.2 Owest uses the Location Routing Number (LRN) architecture. Under the
LRN architecture, each End Offce Switch is assigned a unique ten-digit LRN, the first six
digits of which identify the location of that End Office Switch. The LRN technology is a
triggering and addressing method which allows the re-homing of individual telephone
numbers to other End Offce Switches and ensures the proper routing of calls to ported
telephone numbers through the use of a database and the signaling network. The LRN
solution interrupts call processing through the use of an Advanced Intellgent Network
(AIN) trigger, commonly referred to as the LRN trigger. During this interruption, a query
is launched to the LNP database in the signaling network and the call is re-addressed
using the LRN information for the ported telephone number. The LRN wil route the call
to the proper End Office Switch destination. The actual routing of the call with either the
dialed telephone number, for calls to non-ported telephone numbers, or the LRN, for
calls to ported telephone numbers, observes the rules, protocols and requirements of the
existing Public Offce Dialing Plan (PODP).
10.2.2 Terms and Conditions
10.2.2.1 Owest wil provide Local Number Portability (LNP), also known as long-
term number portability, in a non-discriminatory manner in compliance with the FCC's
rules and regulations and the guidelines of the FCC's North American Numbering
Council's (NANC) Local Number Portabilty Administration (LNPA) Working Group and
the Industry Numbering Committee (INC) of the Alliance for Telecommunications
Industry Solutions (ATIS). Unless specifically excluded in Section 10.2.2.6, all telephone .
January 13, 201 0/msd/lntrado/lD/CDS-1 00112-001 0
Qwest Fourteen State Negotiations Template, December 29, 2008 227
Section 10
Ancillary Services.numbers assigned to an End User Customer are available to be ported through LNP.
Mass callng events shall be handled in accordance with the industry's non-LRN
recommendation (NANC's High Volume Call-In Networks dated February 18, 1998).
10.2.2.2 Each Party shall use reasonable efforts to facilitate the expeditious
deployment of LNP. The Parties shall comply with the processes and implementation
schedules for LNP deployment prescribed by the FCC. In accordance with industry
guidelines, the publications of LNP capable End Office Switches and the schedule and
status for future deployment wil be identified in the Local Exchange Routing Guide
(LERG).
10.2.2.3 In connection with the provision of LNP, the Parties agree to support and
comply with all relevant requirements or guidelines that are adopted by the FCC, or that
are agreed to by the Telecommunications industry as a national industry standard.
.
10.2.2.4 Qwest wil coordinate LNP with Unbundled Loop cutovers in a reasonable
amount of time and with minimum service disruption, pursuant to Unbundled Loop
provisions identified in Section 9 of this Agreement. CLEC wil coordinate with Qwest for
the transfer of the Qwest Unbundled Loop coincident with the transfer of the End User
Customer's service to Qwest in a reasonable amount of time and with minimum service
disruption. For coordination with Loops not associated with Qwests Unbundled Loop
offering, CLEC may order the LNP managed cut, as described in Section 10.2.5.4.
10.2.2.4.1 Parties understand that LNP order activity must be coordinated
with facilities cutovers in order to ensure that the End User Customer is provided
with uninterrupted service. If the Party porting the telephone number
experiences problems with its port or provision of its Loop, and needs to delay or
cancel the port and any Loop disconnection, that Party shall notify the other Party
immediately. Parties wil work cooperatively and take prompt action to delay or
cancel the port and any Loop disconnection in accordance with industry (LNPA's
National Number Porting Operations Team), accepted procedures to minimize
End User Customer service disruptions.
10.2.2.4.2 Parties shall transmit a port create subscription or port
concurrence message to the NPAC, in accordance with the FCC's LNPA
Working Group's guidelines. Qwest wil routinely send a concurrence message
within the time frames established by the industry.
10.2.2.5 The Parties agree to implement LNP within the guidelines set forth by the
generic technical requirements for LNP as specified in Section 21 of this Agreement.
10.2.2.6 Neither Party shall be required to provide Local Number Portabilty for
telephone numbers that are excluded by FCC rulings (e.g. 500 and 900 NPAs, 950 and
976 NXX number services).
.
10.2.2.7 After an End Offce Switch becomes equipped with LNP, all NXXs
assigned to that End Offce Switch wil be defined as portable, to the extent Technically
Feasible, and translations wil be changed in each Party's Switches so that the portable
NXXs are available for LNP database queries. When an NXX is defined as portable, it
will also be defined as portable in all LNP-capable End Office Switches that have direct
trunks to the End Offce Switch associated with the portable NXX.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 228
Section 10
Ancil~ry Services
10.2.2.8 Each Party shall offer Local Number Portability to End User Customers
for any portion of an existing DID block without being required to port the entire block of .
DID telephone numbers. Each Party shall permit End User Customers who port a
portion of DID telephone numbers to retain DID service on the remaining portion of the
DID telephone numbers.
10.2.2.9 At the time of porting a telephone number via LNP from Qwest, Qwest
shaH ensure that the UDB entry for that telephone number is de-provisioned if the Qwest
UDB is not being used by CLEC.
10.2.2.10 Both Parties agree to follow the LNP End Office Switch request process
established by the Parties and in compliance with industry guidelines.
10.2.2.11 NXX Migration, or Local Exchange Routing Guide Reassignment,
reassigns the entire Central Office Code (NXX) to CLEC's End Office Switch if the code
is used solely for one End User Customer. Where one Party has activated an entire
NXX for a single End User Customer, or activated a substantial portion of an NXX for a
single End User Customer with the remaining telephone numbers in the NXX either
reserved for future use or otherwise unused, if such End User Customer chooses to
receive service from the other Party, the first Part shall cooperate with the. second Party
to have the entire NXX reassigned to an End Office Switch operated by the second Party
through the NANP administrator. In addition, both Parties agree to cooperate in
arranging necessary updates and industry notification in the LERG (and associated
industry databases, routing tables, etc.). Such transfer wil be accomplished with
appropriate coordination between the Parties and subject to appropriate industry lead-
times (as identified in the LERG and the Central Offce Code Administration gUidelineS).
for movement of NXXs from one End Offce Switch to another. Other applications of
NXX migration wil be discussed by the Parties as circumstances arise.
10.2.2.12 In connection with all LNP requests, the Parties agree to comply with the
National Emergency Number Association (NENA) recommended standards for service
provider Local Number Portability (NENA-02-011), as may be updated from time to time,
regarding unlocking and updating End User Customers' telephone number records in the
911/Automatic Location Information (AU) database. The Current Service Provider shall
send the 911 unlock record on the completion date of the order to the 911 database
administrator.
10.2.2.13 Porting of Reserved Numbers. The End User Customers of each Party
may port Reserved Numbers from one Party to the other Party viaLNP. Qwest wil port
telephone numbers previously reserved by the End User Customer via the appropriate
retail Tariffs until these reservations expire. Qwest wil reserve telephone numbers in
accor,dance with the FCC's rules.
10.2.2.14 Limits on Subscriber Relocation. Qwest and CLEC agree that an End
User Customer may geographically relocate at the same time as it ports its telephone
number, using LNP, to the New Service Provider; provided, however, that the Current
Service Provider may require that the End User Customer's relocation at the time of the
port to the New Service Provider be limited to the geographic area represented by the
NXX of the ported telephone number. The Current Service Provider may not impose a
relocation limitation on the New Service Provider or the New Service Provider's
subscribers that is more restrictive than that which the Current Service Provider would .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December29, 2008 229
Section 10
Ancilary Services.impose upon its own subscribers with telephone numbers having the same NXX as the
telephone number(s) being ported. In addition, the Current Service Provider may not
impose any restrictions on relocation within the same Rate Center by a ported End User
Customer while that End User Customer is served by the New Service Provider.
10.2.3 Service Management System
10.2.3.1 Each Party shall sign the appropriate NPAC user agreement(s) and
obtain certification from the appropriate NPAC administrator(s) that the Party or the
Party's Service Order Administration (SOA) and Local Service Management System
(LSMS) vendor(s) has systems and equipment that are compatible with the NPAC's
established protocols and that the application of such systems and equipment is
compatible with the NPAC.
10.2.3.2 Each Party shall cooperate to facilitate the administration of the SMS
through the process prescribed in the documents referenced in Section 21.
10.2.4 Database and Query Services
.
10.2.4.1 The LNP database provides the call routing information used by Qwests
End Offce Switches and Tandem Switches to route CLEC's End User Customer's calls
to a ported telephone number or to terminate calls to CLEC's End User Customers using
a ported telephone number. Qwest shall perform default LNP queries where CLEC is
unable to perform its own query. CLEC shall perform default LNP queries where Qwest
is unable to perform its own query. Qwest query services and charges are defined in
FCC Tariff #5, including End Office and Tandem Switch Default Query Charges which
are contained in Tariff Section 13 (Miscellaneous Service) and Database Query Charges
which are contained in Tariff Section 20 (CCSAC Service Applications).
10.2.4.2 For local calls to a NXX in which at least one (1) telephone number has
been ported via LNP at the request of CLEC, the Party that owns the originating Switch
shall query an LNP database as soon as the call reaches the first LNP-capable Switch in
the call path. The Party that owns the originating Switch shall query on a local call to a
NXX in which at least one (1) telephone number has been ported via LNP prior to any
attempts to route the call to any other Switch. Prior to the first telephone number in a
NXX being ported via LNP at the request of CLEC, Qwest may query all calls directed to
the NXX, subject to the Billng provisions as discussed in Section 10.2.4.1 and provided
that Qwest queries shall not adversely affect the quality of service to CLEC's End User
Customers as compared to the service Qwest provides its own End User Customers.
10.2.4.3 A Party shall be charged for a LNP query by the other Party only if the
Party to be charged is the N-1 Carrier and it was obligated to perform the LNP query but
failed to do so. Parties are not obligated to perform the LNP query prior to the first port
requested in a NXX.
.
10.2.4.4 On calls originating from a Party's network, the Party wil populate, if
Technically Feasible, the Jurisdiction Information Parameter (JIP) with the first six digits
of the originating LRN in the SS7 Initial Address Message.
10.2.4.5 Each Party shall cooperate in the process of porting telephone numbers
from one Carrier to another so as to limit service outage for the ported End User
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 230
Section 10
Ancilary Services
Customer. Qwestshall update its LNP database from the NPAC SMS data within fifteen
(15) minutes of receipt of a download from the NPAC SMS. .
10.2.5 Ordering
10.2.5.1 Both Parties shall comply with ordering standards as developed by the
industry and as described in Section 12 of this Agreement. LNP service is ordered via a
Local Service Request and associated LNP forms. CLEC may order LNP either
manually or through an electronic interface. The electronic gateway solution for ordering
service is described in Section 12 of this Agreement.
10.2.5.2 Standard Due Date Intervals. Service intervals for LNP are described
below. These intervals include the time for Firm Order Confirmation (FOC). Orders
received after 7:00 p.m. (Mountain time) are considered the next business day. The
following service intervals have been established for LNP:
Telephone Numbers
To Port Interval*
Simple (1 FR/1 FB)1-5 3 business days
(includes FOC
24 hr interval)
6-50 4 business days
(includes FOC
24 hr interval).51 or more Project Basis
Complex (PBX
Trunks, ISDN,
Centrex)
1-25 5 business days
(includes FOC
24 hr interval)
26 or more Project Basis
*Intervals for LNP with Unbundled Loops shall be governed by Section 9.2 of the
Agreement.
10.2.5.3 Most LNP order activity is flow-through, meaning that the ten (10) digit
unconditional trigger, or Line Side Attribute (LSA) trigger, can be set automatically.
CLEC may request any Due Date/Frame Due Time (DD/FDT) where the trigger can be
set automatically, although there may be some instances when Qwest or the Number
Portability Administration Center/Service Management System (NPAC/SMS) wil provide
prior electronic notice of specific blocks of time which cannot be used as a DD/FDT due
to scheduled maintenance or other circumstances. If the DD/FDT on a flow-though cut
is outside Qwests normal business hours for LNP, Qwest will have personnel available
in the repair center to assist in the event that CLEC experiences problems during the
cut. In addition, Qwest allows CLEC to request a managed cut on a 24 X 7 basis in
those situations where a cut would otherwise have been flow-through, but where CLEC
has a business need to have Qwest personnel dedicated to the cut. The terms and .
conditions for managed cuts are described in 10.2.5.4.
January 13, 201 0/msd/lntrado/lD/CDS-1 00112-001 0
Qwest Fourteen State Negotiations Template, December 29, 2008 231
Section 10
Ancilary Services.10.2.5.3.1 Owest will set the ten (10) digit unconditional trigger for
telephone numbers to be ported, unless technically infeasible, by 11 :59 p.m.
(local time) on the business day preceding the scheduled port date. (A 10-digit
unconditional trigger cannot be set for DID services in AXE10 and DMS10 End
Office Switches thus managed cuts are required, at no charge.) The ten (10)
digit unconditional trigger and End Offce Switch translations associated with the
End User Customer's telephone number wil not be removed, nor will Owest
disconnect the End User Customer's Billing and account information, until 11 :59
p.m. (local time) of the next business day after the Due Date. CLEC is required
to make timely notifications of Due Date changes or cancellations by 8:00 p.m.
(mountain time) on the Due Date through a supplemental LSR order. In theevent CLEC does not make a timely notification, CLEC may submit a late
notification to Owest as soon as possible but in no event later than 12:00 p.m.
(mountain time) the next business day after the Due Date to Owests
Interconnect Service Center in the manner set forth below. Fora late notification
properly submitted, Owest agrees to use its best efforts to ensure that the End
User Customer's service is not disconnected prior to 11 :59 p.m. of the next
business day following the new Due Date or, in the case of a cancellation, no
disruption of the End User Customer's existing service. Late notifications must
be made by callng Owests Interconnect Service Center followed by CLEC
submitting a confirming supplemental LSR order.
10.2.5.4 LNP Managed Cut With CLEC-Provided Loop: A managed cut permits
CLEC to select a project managed cut for LNP. Managed cuts are offered on a 24 X 7
basis..10.2.5.4.1 The date and time for the managed cut requires up-front
planning and may need to be coordinated between Owest and CLEC. All
requests wil be processed on a first come, first served basis and are subject to
Owests ability to meet a reasonable demand. Considerations such as system
downtime, Switch upgrades, Switch maintenance, and the possibility of other
CLECs requesting the same FDT in the same End Ofce Switch (Switch
contention) must be reviewed. In the event that any of these situations would
occur, Owest wil coordinate with CLEC for an agreed upon FDT, prior to issuing
the Firm Order Confirmation (FOC). In special cases where a FDT must be
agreed upon, the interval to reach agreement wil not exceed two (2) days. In
addition, standard intervals wil apply.
10.2.5.4.2 CLEC shall request a managed cut by submitting a Local
Service Request (LSR) and designating this order as a managed cut in the
remarks section of the LSR form.
10.2.5.4.3 CLEC wil incur additional charges for the managed cut
dependent upon the FDT. The rates are based upon whether the request is
within Owests normal business hours or out of hours. Owests normal business
hours are 7:00 a.m. to 7:00 p.m., End User Customer local time, Monday through
Friday. The rate for managed cuts during normal business hours is the standard
rate. The rate for managed cuts out of hours, except for Sundays and Holidays,
is the overtime rate. Sundays and Holidays are at premium rate..10.2.5.4.4 Charges for managed cuts shall be based upon actual hours
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 232
Section 10
Ancillary Services
worked in one-half (%) hour increments. Exhibit A of this Agreement contains the
rates for managed cuts. CLEC understands and agrees that in the event CLEC .
does not make payment for managed cuts, unless disputed as permitted under
Section 5.4 of this Agreement, Owest shall not accept any new LSR requests for
managed cuts.
10.2.5.45 Owest wil schedule the appropriate "number of employees prior
to the cut, normally not to exceed three (3) employees, based upon information
provided by CLEC. CLECwill also have appropriate personnel scheduled for the
negotiated FDT. If CLEC's information is modified during the cut, and, as a
result, non-scheduled employees are required, CLEC shall be charged a three
(3) hour minimum callout charge per each additional non-scheduled employee. Ifthe cut is either cancelled, or supplemented to change the Due Date, within
twenty-four (24) hours of the negotiated FDT, CLEC wil be charged a one
person three (3) hour minimum charge. If the cut is cancelled due to a Owest
error or a new Due Date is requested by Owest within twenty-four (24) hours of
the negotiated FDT, Owest may be charged by CLEC one person three (3) hour
minimum charge as set forth in Exhibit A.
10.2.5.4.6 In the event that the LNP managed cut, conversion is not
successful, CLEC and Owest agree to isolate and fix the problem in a timeframe
acceptable to CLEC or the End User Customer. If the problem cannot be
corrected within an acceptable timeframe to CLEC or the End User Customer,
CLEC may request the restoral of Owest service for the ported End User
Customer. Such restoration shall begin immediately upon request. If CLEC is in
error then a supplemental order shall be provided to Owest. If Owest is in error,
no supplemental order or additional order wil be required of CLEC..
10.2.5.4.7 Owest shall ensure that any LNP order activity requested in
conjunction with a managed cut shall be implemented in a manner that avoids
interrupting service to the End User Customer, including, without limitation,
ensuring that the End User Customer's Owest Loop wil not be disconnected prior
to confirmation that CLEC's Loop has been successfully installed.
10.2.6 Maintenance and Repair
10.2.6.1 Each Party is responsible for its own End User Customers and wil have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. End User Customers will be instructed to report all cases of trouble to their
Current Service Provider.
10.2.6.2 Each Party wil provide its respective End User Customers the correct
telephone numbers to call for access to its respective repair bureau. Each Party wil
provide its repair contact telephone numbers to one another on a reciprocal basis.
10.2.6.3 Owest wil work cooperatively with CLEC to isolate and resolve trouble
reports. When the trouble condition has been isolated and found to be within a portion
of the Owest network, Owest wil perform standard tests and isolate and repair the
trouble within twenty-four (24) hours of receipt of the report.
10.2.6.4 Owest wil proactively test new Switch features and service offerings to .
January 13, 2010/msdllntrado/ID/CDS-100112-D010
Qwest Fourteen State Negotiations Template, December 29, 2008 233
.
.
.
Section 10
Ancilary Services
ensure there are no problems with either the porting of telephone numbers or calls from
Qwest End User Customers to CLEC End User Customers with ported telephone
numbers or vice versa.
10.2.7 Rate Elements
10.2.7.1 Qwest wil comply with FCC and Commission rules on cost recovery for
Local Number Portability.
10.3 911/E911 Service
10.3.1 Description
10.3.1.1 911 and E911 provides an End User Customer access to the applicable
emergency service bureau, where available, by dialing a 3-digit universal telephone
number (911 ).
10.3.1.2 Automatic Location Identification/Data Management System (ALI/DMS).
The AU/DMS database contains End User Customer information (including name,
address, telephone number, and sometimes special information from the Current
Service Provider or End User Customer) used to determine to which Public Safety
Answering Point (PSAP) to route the call. The AU/DMS database is used to provide
more routing flexibility for E911 calls than Basic 911.
10.3.1.3 Basic 911 directly connects to the PSAP all 911 calls from one or more
local exchange End Office Switches that serve a geographic area. E911 provides
additional Selective Routing flexibility for 911 calls. E911 uses End User Customer data,
contained in the ALI/DMS, to determine to which Public Safety Answering Point (PSAP)
to route the calL.
10.3.2 Terms and Conditions
10.3.2.1 Qwest wil provide nondiscriminatory access to the same Basic 911 or
Enhanced 911 features, functions and services that Qwest provides to its End User
Customers. E911 functions provided to CLEC shall be at the same level of accuracy
and reliability as for such support and services that Qwest provides to its End User
Customers for such similar functionality.
10.3.2.2 In counties where Qwest has obligations under existing agreements as
the primary provider of the 911 system to the county, CLEC wil participate in the
provision of the 911 System as described in Section 10.3.
10.3.2.3
services.
Qwest shall conform to all state regulations concerning emergency
10.3.2.4 Qwest shall route E911 calls to the appropriate PSAP.
10.3.2.5 Each Party will be responsible for those portions of the 911 system for
which it has total control, including any necessary maintenance to each Party's portion of
the 911 system.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29.2008 234
Section 10
Ancilary Services
10.3.2.6 Qwest wil provide CLEC with the identification of the Qwest 911controllng office that serves each geographic area served by CLEC. .
10.3.2.7 Qwest wil provide CLEC with the ten-digit telephone numbers of each
PSAP agency, for which Qwest provides the 911 function, to be used by CLEC to
acquire emergency telephone numbers for operators to handle emergency calls in those
instances where CLEC's End User Customer dials "0" instead of "911". It shall be the
responsibility of CLEC to verify or confirm the appropriate use of the contact information
provided by Qwest with each PSAP prior to offering 911 calls or publication of such data.
10.3.2.8 If a third party is the primary service provider to a county, CLEC wil
negotiate separately with such third party with regard to the provision of 911 service to
the county. All relations between such third party and CLEC are separate from this
Agreement and Qwest makes no representations on behalf of the third party.
10.3.2.9 If CLEC is the primary service provider to the county, CLEC and Qwest
will negotiate the specific provisions necessary for providing 911 service to the county
and will include such provisions in an amendment to this Agreement.
10.3.2.10 CLEC wil separately negotiate with each county regarding the collection
and reimbursement to the county of applicable End User Customer taxes for 911
service.
10.3.2.11 CLEC is responsible for network management of its network components
in compliance with the Network Reliability Council Recommendations and meeting the
network standard of Qwest for the 911 call delivery.
10.3.2.12 The Parties shall provide a single point of contact to coordinate all
activities under this Agreement.
.
10.3.2.13 Neither Party wil reimburse the other for any expenses incurred in the
provision of E911 services. All costs incurred by the Parties for 911/E911 services shall
be biled to the appropriate PSAP.
10.3.2.14 Qwests designated E911 database provider, an independent third party,
wil be responsible for maintaining the E911 database. CLEC shall have non-
discriminatory unbundled access to the E911 database, including the listings of other
LECs for purposes of providing 911 services related to the public health, safety and
welfare.
10.3.3 E911 Database Updates
10.3.3.1 CLEC exchanges to be included in Qwests E911 Database will be
indicated via written notice to the appropriate 911 authority (state agency or PSAP
administrator or county) and wil not require an amendment to this Agreement.
10.3.3.2 Qwests designated E911 database provider, an independent third party,
will be responsible for maintaining the E911 database. Qwest, or its designated
database provider, wil provide to CLEC an initial copy of the most recent Master Street
Address Guide (MSAG), and subsequent versions on a quarterly basis, at no charge.
MSAGs provided outside the quarterly schedule wil be provided and charged on an .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 235
Section 10
Ancilary Services.Individual Case Basis. The data wil be provided in computer readable format. Owest
shall provide CLEC access. to the Master Street Address Guide at a level of accuracy
and reliability that is equivalent to the access Owest provides to itself.
10.3.4 E911 Database Updates for Facilties-Based CLECs
10.3.4.1 Owest wil ensure that the 911 database entries for CLEC wil be
maintained with the same accuracy and reliability that Owest maintains for Owests own
End User Customers.
10.3.4.2 For Selective Routing table updates, facilities-based CLECs wil negotiate
directly with Owests database provider for the input and validation of End User
Customer data into the Owest Automatic Location Identification (AU) database. CLEC
wil negotiate directly with the PSAP (or PSAP agency's) DMS/ALI provider for input of
End User Customer data into the AU database. In most cases the Selective Routing
table updates and the ALI database wil be managed by the same provider. CLEC
assumes all responsibilty for the accuracy of the data that CLEC provides for MSAG
preparation and E911 Database operation.
10.3.4.3 If it is facilities-based, CLEC will provide End User Customer data to
Qwests agent for the Owest AU database utilizing NENA-02-010 Recommended
Formats and Protocols For ALI Data Exchange standards. Owest wil furnish CLEC any
variations to NENA recommendations required for AU database input.
.10.3.4.4 If it is facilities-based, CLEC will provide End User Customer data to
Owests database provider for Owests AU database that is MSAG valid and meets all
components of the NENA-02-011 Recommended Data Standards for Local Exchange
Carriers, ALI Service Providers and 9-1-1 Jurisdictions standard format, as specified by
Owest.
10.3.4.5 If it is facilities-based, CLEC wil update its End User Customer records
provided to Owests database provider for Owests AU database to agree with the 911
MSAG standards for its service areas.
.
10.3.4.6 Owests E911 database administrator, an independent third party, shall
resolve failed Local Number Portability migrate records in accordance with the NENA
standard, NENA-02-011 Sections 22B.1-2, for Owest records where Owest is the donor
company as defined in the NENA standard. The Owest E911 database administrator
will compare CLEC's (Le., recipient company as defined in the NENA standard) failed
migrate records to the Regional Number Portability Administration Center's (NPAC)
database once each business day to determine if the migrate record (Le., ported
telephone number) has been activated by the recipient company. If the migrate record
has been activated by CLEC in the NPAC, the record shall be unlocked and the migrate
record processed. If, at the end of ten (10) business days, the NPAC database does not
show the migrate record as activated or the record owner identification does not match,
the migrate record wil be rejected. The E911 database administrator wil send reports
regarding CLEC's failed migrate records (Le., 755 error code) and rejected migrate
records (Le., 760 error code) to CLEC or CLEC's designated database administrator.
Owests E911 database administrator wil also resolve failed migrate records for CLEC, if
valid based on the NPAC database.
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 236
Section 10
Ancilary Services
10.3.5 E911 Database Updates for Resale Based CLECs
10.3.5.1 For resold services, Qwest, or its designated database provider, wil
provide updates to the AU database in a manner that is at the same level of accuracy
and reliability as such updates are provided for Qwests End User Customers. For
resold accounts, CLEC shall provide Qwest with accurate End User Customer location
information to be updated to the AU/DMS database. Qwest shall use its current process
to update and maintain End User Customer information in the AU/DMS database.
.
10.3.6 E911 Database Accuracy
10.3.6.1 E911 Database accuracy shall be measured jointly by the PSAPs and
Qwests database provider in a format supplied by Qwest. The reports shall be
forwarded to CLEC by Qwests database provider when relevant and wil indicate
incidents when incorrect or no AU data is displayed. The reports provided to CLEC shall
contain CLEC-specific information regarding CLEC's accounts.
10.3.6.2 Each discrepancy report wil be jointly researched by Qwest and CLEC.
Corrective action wil be taken immediately by the responsible Party.
10.3.6.3 Each Party providing updates to the E911 database wil be responsible
for the accuracy of its End User Customer records. Each Party providing updates
specifically agrees to indemnify and hold harmless the other Party from any claims,
damages, or suits related to the accuracy of End User Customer data provided for
inclusion in the E911 Database.
10.3.6.4 Qwest and its vendor wil provide non-discriminatory error correction for .
records submitted to the Automatic Location Identification (AU) database. For resold
accounts, if vendor detects errors, it wil attempt to correct them. If vendor is unable to
correct the error, vendor wil contact Qwest for error resolution. For errors referred to
Qwest, Qwest wil provide the corrections in a non-discriminatory manner. If Qwest is
unable to resolve the error, Qwest will contact the Resale-CLEC for resolution. In the
case of facilities-based CLECs, the vendor wil interface directly with CLEC to resolve
record errors.
10.3.7 E911 Interconnection
10.3,7.1 If required by CLEC, Qwest shall interconnect direct trunks from CLEC's
network to the Basic 911 PSAP, or the E911 tandem. Such trunks may alternatively be
provided by CLEC. If provided by Qwest, such trunks will be provided on a non-
discriminatory basis. Qwest shall provide special protection identification for CLEC 911
circuits in the same manner as Qwest provides for its 911 circuits.
10.3.7.1.1 The Parties shall establish a minimum of two (2) dedicated trunks
from CLEC's Central Offce to each Qwest 911/E911 Selective Router (Le., 911
Tandem Office) that serves the areas in which CLEC provides Exchange
Service, for the provision of 911/E911 services and for access to allsubtending
PSAPs (911 Interconnection Trunk Groups). CLEC can order diverse routing for
911/E911 circuits, if facilities are available. When Qwest facilities are available,
Qwest wil comply with diversity of facilties and systems as ordered by CLEC.
Where there is alternate routing of 911/E911 calls to a PSAP in the event of .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 237
Section 10
Ancillary Services.failures, Qwest shall make that alternate routing available to CLEC.
10.3.7.1.2 911 Interconnection Trunk Groups must be, at a minimum, DSO
level trunks configured as a 2-wire analog interface or as part of a digital (1.544
Mbps) interface. Either configuration must use Centralized Automatic Message
Accounting (CAMA) type signaling with MF tones that wil deliver Automatic
Number Identification (ANI) with the voice portion of the call, or Signaling System
7 (SS7) if available (Le., other signaling technology as available). All 911
Interconnection trunk groups must be capable of transmitting and receiving
Baudot code necessary to support the use of Telecommunications Devices for
the Deaf (TTY/TDDs).
.
10.3.7.1.3 Qwest shall begin restoration of 911/E911 trunking facilities
immediately upon notification of failure or outage. Qwest must provide priority
restoration of trunks or network outages on the same terms and conditions it
provides itself. CLEC wil be responsible for the isolation, coordination, and
restoration of all 911 network maintenance problems to CLEC's demarcation.
Qwest wil be responsible for the coordination and restoration of all 911 network
maintenance problems beyond the demarcation. Qwest repair service includes
testing and diagnostic service from a remote location, dispatch of or in-person
visit(s) of personneL. Where an on-site technician is determined to be required, a
technician wil be dispatched without delay. CLEC is responsible for advising
Qwest of the circuit identification when notifying Qwest of a failure or outage.
The Parties agree to work cooperatively and expeditiously to resolve any 911
outage. Qwest wil refer network trouble to CLEC if no defect is found in Qwests
network. The Parties agree that 911 network problem resolution wil be managed
in an expeditious manner at all times.
10.3.7.2 For CLEC-identified 911 trunk blockages, Qwest agrees to take corrective
action using the same trunking service procedures used for Qwests own E911 trunk
groups.
10.3.7.3 The Parties wil cooperate in the routing of 911 traffic in those instances
where the AU/ANI information is not available on a particular 911 calL.
10.3.7.4 For facilities-based CLEC using its own switch(es), Qwest shall provide
911 Interconnection, including the provision of dedicated trunks from CLEC End Office
Switch to the 911 control office, at Parity with what Qwest provides itself.
10.3.7.5 For CLEC's resale local exchange lines, Qwest shall provide access to
the same 911 trunks used for Qwests retail End User Customers which extend from the
Qwest End Office Switch to the Basic 911 PSAP or the E911 Tandem Switch. CLEC
access to such 911 trunks shall be on a shared, non-discriminatory basis.
10.3.8 E911 and Number Portabilty
10.3.8.1 When a Qwest telephone number is ported out, receiving CLEC shall be
responsible to update the AU/DMS database. When CLEC's telephone number is
ported in, Qwest shall be responsible to update the AU/DMS database..10.3.8.2 When Remote Call Forwarding (RCF) is used to provide number
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 238
Section 10
Ancillary Services
portability to the End User Customer and a remark or other appropriate field information
is available in the database, the shadow or "forwarded-to" number and an indication that .
the number is ported shall be added to the End User Customer record by CLEC.
10.4 White Pages Directory Listings Service
10.4.1 Description
White Pages Directory Listings Service consists of Owest placing the names, addresses and
telephone numbers of CLEC's End User Customers in Owests Listings database, based on End
User Customer information provided to Owest by CLEC. Owest is authorized to use CLEC End
User Customer Listings as noted below.
10.4.2 Terms and Conditions
10.4.2.0 White Pages Directory Listings Service is provided to reseller CLEC with
CLEC's resold local exchange lines, and such Listings include terms and conditions
(except prices) for Listings in Owests applicable product Tariffs, catalogs, price lists, or
other retail Telecommunications Services offerings. To the extent, however, that a
conflict arises between the terms and conditions of the Tariff, catalog, price list, or other
retail Telecommunications Services offering and this Agreement, this Agreement shall
be controllng. White Pages Directory Listings Service is available to facilties-based
CLEC as described in this Section.
10.4.2.1 Reseller CLEC and facilities-based CLEC using Owests switching
services to provide local Exchange Service wil provide, and facilities-based CLEC using
its own or a third party's Switch( es) may provide, to Owest, in standard format, by .,
mechanized or by manual transmission to Owest, its primary, premium and privacy
Listings.
10.4.2.1.1 Owest wil accept one (1) primary Listing for each main telephone
number belonging to CLEC's resale and facilities-based End User Customers at
no monthly recurring charge.
10.4.2.1.2 CLEC 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 L,isting Tariff rates, less the
wholesale discount, if any, as described in Exhibit A. CLEC wil be charged for
its facilties-based premium Listings (e.g., additional, foreign, cross-reference)
and privacy Listings (Le., nonlisted and nonpublished) at market-based prices
contained in Exhibit A. Primary Listings and other types of Listings are defined in
the Owest General Exchange Tariffs.
10.4.2.2 Intentionally Left Blank.
10.4.2.3 Information on submitting and updating Listings is available in "Facility
Based CLECs and Reseller/Unbundled Network CLECs Directory Listings User
Document." Owest wil furnish CLEC Listings format specifications. Directory publishing
schedules and deadlines for Qwests official directory publisher wil be provided to
CLEC.
10.4.2.4 If CLEC provides its End UserCustomets Listings to Owest, CLEC .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 239
Section 10
Ancilary Services.grants Qwest access to CLEC's End User Customer Listings information for use in its
Directory Assistance Service as described in Section 10.5, and in its Directory
Assistance List Service as described in Section 10.6, and for other lawful purposes,
except that CLEC's Listings supplied to Qwest by CLEC and marked as non published or
nonlisted Listings shall not be used for marketing purposes subject to the terms and
conditions of this Agreement. Qwest wil incorporate CLEC End User Customer Listings
in the Directory Assistance Database. Qwest wil incorporate CLEC's End User
Customer Listings information in all existing and future Directory Assistance applications
developed by Qwest. Should Qwest cease to be a Telecommunications Carrier, by
virtue of a divestiture, merger or other transaction, this access grant automatically
terminates.
10.4.2.5 CLEC End User Customer Listings wil be treated the same as Qwests
End User Customer Listings. Prior written authonzation from CLEC, which authorization
may be withheld, shall be required for Qwest to sell, make available, or release CLEC's
End User Customer Listings to directory publishers, or other third parties other than
Directory Assistance providers. No prior authorization from CLEC shall be required for
Qwest to sell, make available, or release CLEC's End User Customer Directory
Assistance Listings to Directory Assistance providers. Listings shall not be provided or
sold in such a manner as to segregate End User Customers by Carrier. Qwest wil not
charge CLEC for updating and maintaining Qwests Listings databases. CLEC wil not
receive compensation from Qwest for any sale of Listings by Qwest as provided for
under this Agreement..10.4.2.6 To the extent that state Tariff(s) limit Qwests liability with regard to
Listings, the applicable state Tariff(s) is incorporated herein and supersedes the
Limitation of Liabilty section of this Agreement with respect to Listings only.
10.4.2.7 Qwest is responsible for maintaining Listings, including entering,
changing, correcting, rearranging and removing Listings in accordance with CLEC
orders.
10.4.2.8 Qwest provides non-discriminatory appearance and integration of white
pages directory Listings for all CLEC's and Qwests End User Customers. All requests
for white pages directory listings, whether for CLEC or Qwest End User Customers,
follow the same processes for entry into the Listings database.
10.4.2.9 Qwest will take reasonable steps in accordance with industry practices to
accommodate CLEC's non published and nonlisted Listings provided that CLEC has
supplied Qwest the necessary privacy indicators on such Listings.
.
10.4.2.10 CLEC's white pages directory listings will be in the same font and size as
Listings for Qwest End User Customers, and will not be separately classified.
10.4.2.11 Qwest processes for publication of white pages Directory Listings will
make no distinction between CLEC's and Qwests subscribers. CLEC's Listings wil be
provided with the same accuracy and reliability as Qwests End User Customer Listings.
Qwest wil ensure CLEC's Listings provided to Qwest are included in the white pages
directory published on Qwests behalf using the same methods and procedures, and
under the same terms and conditions, as Qwest uses for its own End User Customer
Listings.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 240
Section 10
Ancilary Services
10.4.2.12 For CLEC's End User Customers whose Listings CLEC provides to
Qwest for submission to its offcial directory publisher, Owest shall ensure its third party .
publisher distributes appropriate alphabetical and classified directories (white and yellow
pages) and recycling services to such CLEC End User Customers at Parity with Qwest
End User Customers, including providing directories a) upon establishment of new
service; b) during annual mass distribution; and c) upon End User Customer request.
10.4.2.13 CLEC shall use commercially reasonable efforts to ensure that Listings
provided to Owest are accurate and complete. All third party Listings information is.
provided AS iS, WITH ALL FAULTS. CLEC further represents that it shall review all
Listings information provided to Qwest, including End User Customer requested
restrictions on use, such as non published and nonlisted restrictions.
10.4.2.14 Intentionally Left Blank.
10.4.2.15 CLEC shall be solely responsible for knowing and adhering to state laws
or rulings regarding Listings and for supplying Qwest with the applicable Listing
information. Owest understands that certain states, including, but not necessarily limited
to, Minnesota, South Dakota, and Washington, have enacted statutes that impose
certain requirements upon the provision of wireless listings, and CLEC represents and
warrants that listings CLEC submits to Owest reflect and are provided in full compliance
with applicable laws and regulations, including but not limited to, laws and regulations
applicable to wireless listings.
10.4.2.16 CLEC agrees to provide to Owest its End User Customer names,
addresses and telephone numbers in a standard mechanized or manual format, as .
specified by Owest.
10.4.2.17 CLEC wil supply its ACNAICIC or CLCC/OCN, as appropriate, with each
order to provide Owest the means of identifying Listings ownership.
10.4.2.18 Prior to placing Listings orders on behalf of End User Customers, CLEC
shall be responsible for obtaining, and have in its possession, Proof of Authorization
(POA), as set forth in Section 5.3 of this Agreement.
10.4.2.19 For Listings that CLEC submits to Owest, Owest wil provide monthly
Listing verification proofs that provide the data to be displayed in the published white
pages directory and available on Owests Directory Assistance Service. Verification
proofs containing nonpublished and nonlisted Listings are also available upon request
on the same monthly schedule.
10.4.2.20 Qwest wil provide CLEC a reasonable opportunity to verify the accuracy
of its Listings to be included in the white pages directory and in Qwests Directory
Assistance Service.
10.4.2.21 CLEC may review and if necessary edit its white page Listings prior to the
close date for publication in the directory.
10.4.2.22 CLEC is responsible for all dealings with, and on behalf of, CLEC's End
User Customers, including:.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 241
Section 10
Ancilary Services.10.4.2.22.1 All End User Customer account activity (e.g., End User
Customer queries and complaints);
10.4.2.22.2 All account maintenance activity (e.g., additions, changes,
issuance of orders for Listings to Owest);
10.4.2.22.3 Determining privacy requirements and accurately coding the
privacy indicators for CLEC's End User Customer information (if End User
Customer information provided by CLEC to Owest does not contain a privacy
indicator, no privacy restrictions wil apply); and
10.4.2.22.4
Customers.
Any additional services requested by CLEC's End User
10.4.2.23 Pursuant to Sections 222 (a), (b), (c), (d), and (e) of the
Telecommunications Act, Owest will provide subscriber list information gathered in
Owests capacity as a provider of local Exchange Service on a timely basis, under non-
discriminatory and reasonable rates, terms and conditions to CLEC upon request for the
purpose of publishing directories in any format. Rates may be subject to federal or state
law or rules, as appropriate. Upon request by CLEC, Owest shall enter into negotiations
with CLEC for CLEC's use of subscriber list information for purposes other than
publishing directories, and Owest and CLEC wil enter into a written contract if
agreement is reached for such use.
.10.4.2.23.1 Owest shall use commercially reasonable efforts to ensure that
its retail End User Customer Listings provided to CLEC are accurate and
complete. Any third party Listings are provided AS iS, WITH ALL FAULTS.
Owest further represents that it shall review all its retail End User Customer
Listings information provided to CLEC including End User Customer requested
restrictions on use, such as nonpublished and nonlisted restrictions.
10.4.2.24 Owest represents and warrants that any arrangement for the publication
of white pages Directory Listings with an Affiliate or contractor, requires such Affiliate or
contractor to publish the Directory Listings of CLEC contained in Owests Listings
database so that CLEC's Directory Listings are non-discriminatory in appearance and
integration, and have the same accuracy and reliabilty that such Affilate or contractor
provides to Owests End User Customers.
10.4.2.25 Owest further agrees that any arrangements for the publication of white
pages Directory Listings with an Affiliate or contractor shall require such Affilate or
contractor to include in the customer guide pages of the white pages directory, a notice
that End User Customers should contact their Current Service Provider to request any
modifications to their existing Listing or to request a new Listing.
.
10.4.2.26 Owest agrees that any arrangement with an Affilate or contractor for the
publication of white pages directory Listings shall require such Affilate or contractor to
provide CLEC space in the customer guide pages of the white pages directory for the
purpose of notifying End User Customers how to reach CLEC to: (1) request service; (2)
contact repair service; (3) dial Directory Assistance; (4) reach an account representative;
(5) request buried cable locate service; and (6) contact the special needs center for End
User Customers with disabilities.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 242
Section 10
Ancilary Services
10.4.2.27 If CLEC submits its End User Customer Listings to Qwest through a
service bureau or other type of third party (agent), CLEC and the agent shall execute a.
Letter of Authorization (LOA), in a form acceptable to Qwest, that shall include, but not
be limited to, the following terms:
10.4.2.27.1 That the agent is authorized by CLEC to submit Listings to Qwest
on its behalf and to work with Qwest in resolving any issues surrounding its
Listing submissions; and
10.4.2.27.2 That the agent wil comply with all terms and conditions of this
Agreement in submitting CLEC's End User Customers' Listings to Qwest.
10.4.2.27.3 CLEC's use of an agent in submitting its End User Customers' Listings to
Qwest shall not alter CLEC's obligations under this Agreement and CLEC shall remain
primarily liable for covenants and responsibilities under this Agreement.
10.4.3 Rate Elements
The following rate elements apply to white pages directory Listings and are contained in Exhibit
A of this Agreement.
10.4.3.1 Primary Listings; and
10.4.3.2 Premium and Privacy Listings.
10.4.4 Ordering Process
10.4.4.1 Qwest provides training on white pages directory Listings requests and
submission processes. The ordering process is similar to the service ordering process.
.
10.4.4.2 CLEC Listings can be submitted for inclusion in Qwest white pages
directories according to the directions in the Qwest Listings User Documents for Facility-
Based and Reseller CLECs, which is available on-line through the PCAT
(http://ww.qwest.com/wholesale/pcaU) or wil be provided in hard copy to CLEC upon
request. Initial information and directions are available in the PCAT.
10.4.4.3 CLEC can submit the OBF forms incorporated in the Local Service
Request via the IMA-EDI, IMA-GUI, or by facsimile.
10.5 Directory Assistance Service
10.5.1 Description
10.5.1.1 Directory Assistance Service is a voice service that Qwest provides to its
own End User Customers, reseller and/or facilities-based CLEC, and to other
Telecommunications Carriers. Directory Assistance Service provided to CLEC includes
non-discriminatory access to Qwests Directory Assistance centers, services, and
Directory Assistance Databases. Directory Assistance Service provides voice callers
published and non listed listing information, which is comprised of name and telephone
number, and address if available, as contained in Qwests then-current Directory
Assistance Database and in the national Directory Assistance Database that is accessed .
by Qwest. Directory Assistance Service is available with CLEC-specific branding,
January 13, 2010/msdllntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 243
.
.
.
Section 10
Ancilary Services
generic branding and with Directory Assistance Call Completion service options, where
available. If facilities-based CLEC chooses to access Qwests Directory Assistance
Service, it is provided to CLEC under this Agreement pursuant to Section 251 (b )(3) of
the Act. As such, the pricing requirements of Section 252(d)(1) of the Act are not
applicable.
10.5.1.1.1 Directory Assistance Service.
10.5.1.1.1.1 Local Directory Assistance Service. Provides
CLEC's End User Customers published and non-listed Listing information
within the caller's LATA that are included in Qwests then-current
Directory Assistance Database.
10.5.1.1.1.2 National Directory Assistance Service. Provides
CLEC's End User Customers published and non listed listing information
from the database of the national Directory Assistance Services vendor
selected and accessed by Qwest.
10.5.1.1.1.3 Call Branding Service. Provides CLEC Local and
national Directory Assistance Service that is branded with the brand of
CLEC (CLEC-specific branding), where Technically Feasible, or with a
generic brand. CLEC-specific Call Branding announces CLEC's name to
CLEC's End User Customer at the start and completion of the calL.
Generic branding does not announce any provider's name. CLEC-
specific Call Branding and generic branding are optional services
available to CLEC.
a) Front End CLEC-specific Call Branding - Announces
CLEC's name to CLEC's End User Customer at the start of the
calL.
b) Back End CLEC-specific Call Branding - Announces
CLEC's name to CLEC's End User Customer at the completion of
the calL.
c) Intentionally Left Blank.
d) Qwest wil record CLEC's specific brand message.
10.5.1.1.1.4 Call completion service allows CLEC's End User
Customers' 10cal/intraLA TA calls to be completed, where available.
10.5.1.1.2
10.5.1.1.3
Intentionally Left Blank.
Intentionally Left Blank.
10.5.2 Terms and Conditions
10.5.2.0 Directory Assistance Service accessed over CLEC's resold local
exchange lines includes terms and conditions (except prices) for Directory Assistance
Service in Qwests applicable product Tariffs, catalogs, price lists, or other retail
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 244
Section 10
Ancilary Services
Telecommunications Services offerings. To the extent, however, that a conflict arises
between the terms and conditions of the Tariff, catalog, price list, or other retail .
Telecommunications Services offering and this Agreement, this Agreement shall be
controllng. Directory Assistance Service is available to facilities-based CLEC as
described in this Section unless otherwise noted. If facilities-based CLEC chooses to
access Owests Directory Assistance Service, it is provided to CLEC under this
Agreement pursuant to Section 251(b)(3) of the Act. As such, the pricing requirements
of Section 252(d)(1) of the Act are not applicable. Directory Assistance Service is
available toCLEC as a facilities-based provider at the market-based prices contained in
Exhibit A.
10.5.2.1 Intentionally Left Blank.
10.5.2.2 Owests Directory Assistance Database contains only those published
and non-listed telephone number Listings obtained by Owest from its own End User
Customers and other Telecommunications Carriers.
10.5.2.3 Owest wil provide access to Directory Assistance Service for facilities-
based CLEC using its own or a third party's Switch( es) via dedicated multi-frequency
(MF) operator service trunks. CLEC may purchase operator service trunks from Qwest
or provide them itself. These operator service trunks wil be connected directly to a
Owest Directory Assistance host or remote Switch. CLEC wil be required to order or
provide at least one (1) operator services trunk for each NPA served.
10.5.2.4 Owest wil perform Directory Assistance Services for CLEC in accordance
with operating methods, practices, and standards in effect for all Owest End User
Customers. Owest wil provide the same priority of handling for CLEC's End User
Customer calls to Owests Directory Assistance Service as it provides for its own End
User Customer calls. Calls to Owests Directory Assistance Service are handled on a
first come, first served basis, without regard to whether calls are originated by CLEC or
Qwest End User Customers.
.
10.5.2.5 CLEC-specific Call Branding for Directory Assistance requires recording
CLEC's name.
10.5.2.6
10.5.2.7
Intentionally Left Blank.
Intentionally Left Blank.
10.5.2.8 Reseller CLEC's End User Customers wil use the same dialing pattern to
access Directory Assistance Service as used by Owests End User Customers (i.e., 411,
555-1212, or NPA+555-1212).
10.5.2.9 Facilities-based CLEC using its own or a third party's Switch(es) may
choose to have its End User Customers dial a unique number or use the same dialing
pattern as Owest End User Customers use to access Owest Directory Assistance
Service.
10.5.2.10 Owest wil timely enter into its directory assistance database updates of
CLEC's Listings that CLEC provides to Owest as described in Section 10.4. Owest wil
incorporate GLEC End User Customer Listings in the Directory Assistance Database. .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 245
Section 10
Ancilary Services.Qwest wil incorporate CLEC's End User Customer Listings information in all existing
and future Directory Assistance applications developed by Qwest. Qwest will implement
quality assurance procedures such as random testing for listing accuracy. Qwest wil
identify itself to End User Customers callng its Directory Assistance Service provided for
itself either by company name or operating company name or operating company
number so that End User Customers have a means to identify with whom they are
dealing.
10.5.2.10.1 In accordance with Section 18, where CLEC supplies its Listings
to Qwest, CLEC may request a comprehensive audit of Qwests use of CLEC's
Listings for Directory Assistance Service. In addition to the terms specified in
Section 18, the following also apply: as used herein, "Audit" shall mean a
comprehensive review of the other Party's delivery and use of the Listings for
Directory Assistance Service provided hereunder and such other Party's
performance of its obligations under this Agreement. CLEC may perform up to
two (2) audits per twelve (12) month period commencing with the Effective Date
of this Agreement of Qwests use of CLEC's Listings in Qwests Directory
Assistance Service. CLEC shall be entitled to "seed" or specially code some or
all of the Listings for Directory Assistance Service that it provides hereunder in
order to trace such information during an Audit and ensure compliance with the
disclosure and use restrictions set forth in this Agreement.
.10.5.2.11 Qwest shall use CLEC's Listings supplied to Qwest by CLEC under the
terms of this Agreement for purposes of providing Directory Assistance Service and for
other lawful purposes, except that CLEC's Listings supplied to Qwest by CLEC and
marked as nonpublished or nonlisted Listings shall not be used for marketing purposes,
subject to the terms and conditions of this Agreement.
10.5.3 Rate Elements
The following rate elements apply to Directory Assistance Service. Directory Assistance
Service is provided to CLEC for resale with resold local exchange lines at the Qwest retail price
less the wholesale discount contained in Exhibit A, if any. Directory Assistance Service is
provided to CLEC as a facilities-based provider at the market-based prices contained in Exhibit
A.
10.5.3.1 A per-call rate applies for Local Directory Assistance and for national
Directory Assistance Services.
10.5.3.2
10.5.3.3
Intentionally Left Blank
A per-call rate is applicable for call completion service.
10.5.4 Ordering Process
CLEC wil order Directory Assistance Service by completing the questionnaire entitled "Qwest
Operator Services/Directory Assistance Questionnaire for Competitive Local Exchange
Carriers." This questionnaire may be obtained from CLEC's Qwest account manager.
.10.5.5 Billng
10.5.5.1 Qwest wil track and bil CLEC for the number of calls placed to Qwests
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 246
Section 10
Ancilary Services
Directory Assistance Service by CLEC's End User Customers as well as for the numberof requests for call completion service. .
10.5.5.2 For purposes of determining when CLEC is obligated to pay the per call
rate, the call shall be deemed made and CLEC shall be obligated to pay when the call is
received by the operator services Switch. An End User Customer may request and
receive no more than two (2) telephone numbers per Directory Assistance calL. Qwest
will not credit, rebate or waive the per call charge due to any failure to provide a
telephone number.
10.5.5.3 Call completion service wil be charged at the per call rate when the End
User Customer completes the required action (Le., "press the number one," "stay on the
line," etc.).
10.6 Directory Assistance List
10.6.1 Description
10.6.1.1 Directory Assistance List (DAL) information consists of name, address
and telephone number information for all End User Customers of Qwest and other LEGs
that are contained in Qwests Directory Assistance Database and, where available,
related elements required in the provision of Directory Assistance Service to CLEC's End
User Customers. No prior authorization from CLEC shall be required for Qwest to sell,
make available, or release CLEC's End User Customer Directory Assistance Listings to
Directory Assistance providers. In the case of End User Customers who have non-
published Listings, Qwest shall provide the End User Customer's local Numbering Plan .
Area (NPA), address, and an indicator to identify the non-published status of the Listing;
however, Qwest wil not provide the non-published telephone number in DAL
information. DAL information includes privacy and use restriction indicators as
requested by Qwests retail End User Customers and by Carriers. DAL is provided
pursuant to Section 251(b)(3) of the Act. As such, the pricing requirements of Section
252(d)(1) of the Act are not applicable. DAL shall be provided to CLEC at market-based
prices contained in Exhibit A.
10.6.1.2 Qwest wil provide DAL information via initial loads and daily updates by
means of Network Data Mover (NDM) or as otherwise mutually agreed upon by the
Parties. Qwest wil provide all changes, additions or deletions to the DAL information
overnight on a daily basis. The Parties wil use a mutually agreed upon format for the
data loads.
10.6.1.3 DAL information shall specify whether the Qwest End User Customer is a
residential, business, or government subscriber, and the Listings of other Carriers wil
specify such information where it has been provided on the Carriets Listing order;
10.6.1.4 In the event CLEC requires a reload of DAL information from Qwests
database in order to validate, synchronize or reconcile its database, a reload wil be
made available according to the rate specified in Exhibit A.
10.6.1.5 Qwest and CLEC wil cooperate in the designation of a location to which
the data wil be provided..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 247
Section 10
Ancillary Services.10.6.2 Terms and Conditions
10.6.2.1 If CLEC purchases use of Qwests DAL information under this
Agreement, Qwest grants to CLEC, as a competing provider of telephone Exchange
Service and telephone toll service, access to DAL information for purposes of providing
Directory Assistance Services and for other lawful purposes, including directory
publishing in any format or medium, under the terms and conditions of this Agreement.
CLEC is solely responsibie for its lawful use of DAL information obtained under this
Agreement pursuant to Section 251(b)(3) of the Act, including use of such information
only for purposes permitted, or not prohibited by, the Act, federal and state laws, rules,
and regulations, the FCC's orders, rules and regulations, and the Commission's orders,
rules, and regulations. As, it pertains to the use of DAL information in this Agreement,
"Directory Assistance Service" shall mean the provision, by CLEC, via a live operator or
mechanized system, of telephone number and address information for an identified
name or the name and/or address for an identified telephone number. Should CLEC
cease to be a Telecommunications Carrier, a competing provider of telephone Exchange
Service, or telephone toll service, this access grant automatically terminates. '
10.6.2.1.1 Qwest shall make commercially reasonable efforts to ensure
that Listings belonging to Qwest retail End User Customers provided to CLEC in
Qwests DAL information are accurate and complete. All third party DAL
information is provided AS iS, WITH ALL FAULTS. Qwest further represents that
it shall review all of its End User Customer Listings information provided to
CLEC, including End User Customer requested restrictions on use, such as non-
published and non-listed restrictions. ..10.6.2.1.2 If CLEC purchases use of Qwests DAL information under this
Agreement, Qwest shall notify CLEC of any directive from Carriers, whose
listings may be included in Qwests DAL information, which prohibits use of their
DAL information for purposes of directory publishing. CLEC that purchases use
of Qwests DAL information shall not include such Carrier's Listings that may be
included in the DAL information in any directory it publishes or causes to be
published, in any format or medium.
10.6.2.1.3 Listings included in Qwests DAL information and marked to
indicate a restriction on use, or to indicate a restriction on inclusion of Listing
information in Directory Assistance Service applications and/or in published
directories, shall be used by CLEC only in a manner that is consistent with each
such restriction and that does not violate a restriction, including the following.
10.6.2.1.3.1 Restriction indicators on DAL information include:
. Privacy indicators, including nonpublished and nonlisted
indicators;
. No solicitation indicators;
. Omit from address directories indicators; and.. Omit from telemarketing, directmail, and e-mail lists indicators.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template. December 29, 2008 248
Section 10
Ancilary Services
10.6.2.1.3.2 Nonlisted Listings and non published Listings shall not be
included in any directory produced in any format or medium. .
10.6.2.1.3.3 Nonpublished Listings information provided in DAL
information shall not be used for any purpose except for providing
Directory Assistance Services. When used in Directory Assistance
Services applications, nonpublished Listings shall not be used for any
purpose other than in matching a search query. The nonpublished
subscriber name and address, while supplied to CLEC in DAL
information, shall not be provided to any person other than the operator
responding to the End User Customer Directory Assistance Services
query.
10.6.2.2 If CLEC purchases use of DAL information under this Agreement, CLEC
will obtain and timely enter into its Directory Assistance Database daily updates of the
DAL information, wil implement quality assurance procedures such as random testing
for Directory Assistance Listing accuracy, and wil identify itself to End User Customers
calling its Directory Assistance Service either by company name, or operating company
number so that End User Customers have a means to identify with whom they are
dealing.
10.6.2.3 Intentionally Left Blank.
10.6.2.4 Qwest shall retain all nght, title, interest and ownership in and to the DA
Listing information it provides hereunder. CLEC acknowledges and understands that
while it may disclose the names, addresses, and telephone numbers (or an indication of .
non-published status) of Qwests End User Customers to a third party callng its
Directory Assistance for such information, the fact that such End User Customer
subscribes to Qwests Telecommunications Services is Confidential and Proprietary
Information and shall not be disclosed to any third party.
10.6.2.5 Each Party shall take commercially reasonable and prudent measures to
prevent unlawful use of Qwests DAL information at least equal to the measures it takes
to protect its own Confidential and Proprietary Information, including but not limited to
implementing adequate computer security measures to prevent unauthorized access to
Qwests DAL information when contained in any database.
10.6.2.5.0 CLEC shall include in its sublicense agreement with directory
publishers, at a minimum; 1) a restriction limiting use of DAL information to
purposes of directory publishing; 2) a requirement that the directory publisher
abide by all privacy indicators in any directories published in any format or
medium; 3) Qwest as third part beneficiary; and 4) the following language:
Publisher shall not sublicense, copy, or allow any third party, with the
exception of End User Customers and corporate affliates for purposes
associated with the use of directories and for publishing directories, to
access, down load, copy or use DAL information, or any portions thereof,
or any information extracted there from. Each Party shall take
commercially reasonable and prudent measures to prevent disclosure
and unauthorized use of the DAL information at least equal to the
measures it takes to protect its own confidential and proprietary .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 249
.
.
.
Section 10
Ancilary Services
information, including but not limited to implementing adequate computer
security measures to prevent unauthorized access to the DAL information
when contained in any database.
10.6.2.5.0.1 Owest shall have the right to review CLEC's form
sublicense agreement and CLEC shall not make changes to that form
which will materially affect Owests rights under this Agreement.
10.6.2.5.1 Unauthorized use of Owests DAL information, or any disclosure
to a third party of the fact that an End User Customer, whose Listing is furnished
in the DA List, subscribes to Owests, another Local Exchange Carrier's,
Reseller's or CMRS's Telecommunications Services shall be considered a
material breach of this Agreement and shall be resolved under the Dispute
Resolution provisions of this Agreement.
10.6.2.6 Within five (5) Days after the expiration or earlier termination of this
Agreement, CLEC shall (a) return and cease using any and all DAL information which it
has in its possession or control, (b) extract and expunge any and all copies of such DAL
information, any portions thereof, and any and all information extracted therefrom, from
its files and records, whether in print or electronic form or in any other media
whatsoever, and (c) provide a written certification to Owest from an officer that all of the
foregoing actions have been completed. A copy of this certification may be provided to
third party Carriers if the certification pertains to such Carriers' DAL information
contained in Owests database.
10.6.2.7 CLEC is responsible for ensuring that it has proper security measures in
place to protect the privacy of the End User Customer information contained within the
DAL information. CLEC must remove from its database any telephone number for an
End User Customer whose Listing has become non-published when so notified by
Owest.
10.6.2.8 Audits -- In accordance with Section 18, Owest may request a
comprehensive audit of CLEC's use of the DAL information. In addition to the terms
specified in Section 18, the following also apply:
10.6.2.8.1 As used herein, "Audit" shall mean a comprehensive review of
the other Party's delivery and use of the DAL information provided hereunder and
such other Party's performance of its oblig.ations under this Agreement. Either
Party (the Requesting Party) may perform up to two (2) Audits per twelve (12)
month period commencing with the Effective Date of this Agreement. Owest
shall be entitled to "seed" or specially code some or all of the DAL information
that it provides hereunder in order to trace such information during an Audit and
ensure compliance with the disclosure and use restrictions set forth in this
Section 10.6.
10.6.2.8.2 All paper and electronic records will be subject to Audit.
10.6.2.9 CLEC recognizes that certain Carriers who have provided DAL
information that is included in Owests database may be third party beneficiaries of this
Agreement for purposes of enforcing any terms and conditions of the Agreement other
than payment terms with respect to their DAL information.
January 13, 2010/msd/lntrado/1D/CDS-100112-o01O
Qwest Fourteen State Negotiations Template, December 29, 2008 250
Section 10
Ancilary Services
10.6.2.9.1 CLEC indemnifies Qwest for any and all loss, debt, liability,
damage, obligation, claim, demand, judgment, or settlement of any nature or .
kind, known or unknown, liquidated or unliquidated including, but not limited to,
reasonable costs and expenses (including attorneys' fees) raised by these
Carriers, whether formal or informal and will handle all communications with
these Carriers regarding this matter.
10.6.2.10 Qwest wil provide a non-discriminatory process and procedure for
contacting End User Customers with non-published telephone numbers in emergency
situations for non-published telephone numbers that are included in Qwests Directory
Assistance Database. Such process and procedure wil be available to CLEC for
CLEC's use when CLEC provides its own Directory Assistance Service and purchases
Qwests DAL product.
10.6.3 Rate Elements
Recurring and nonrecurring rate elements for DAL information are described below and rates
are contained in Exhibit A of this Agreement.
10.6.3.1 Initial Database Load -- A "snapshot" of data in the Qwest DAL
information database or portion of the database at the time the order is received.
10.6.3.2 Reload -- A "snapshot" of the data in the Qwest DAL information
database or portion of the database required in order to refresh the data in CLEC's
database.
10.6.3.3 Daily Updates -- Daily change activity affecting DAL information in the .
Listings database.
10.6.3.4 One-Time Set-Up Fees -- Charges for special database loads.
10.6.3.5 Output Charges -- Media charges resulting from the electronic
transmission of the DAL information.
10.6.4 Ordering
10.6.4.1 CLEC may order the initial DAL information load or update files for
Qwests local Exchange Service areas in its 14 state operating territory or, on a state-
specific basis, or, where Technically Feasible, CLEC may order the initial DAL
information load or update files boy Qwest White Page Directory Code or NPA.
10.6.4.2 Special requests for data at specific geographic levels (such as NPA)
must be negotiated in order to address data integrity issues.
10.6.4.3 CLEC shall use the DAL Order Form found in the PCA T.
10.7 Toll and Assistance Operator Services
10.7.1 Description
10.7.1.1 Toll and assistance operator services (operator services) are a familyof .
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 251
Section 10
Ancilary Services.offerings that assist CLEC's resale and facilties-based End User Customers in making
and receiving. EAS/iocal and IntraLATA toll calls. Operator services provided to CLEC
include non-discriminatory access to Qwest operator service centers, services, and
personneL. If facilities-based CLEC using Qwests, its own, or a third party's Switch( es)
chooses to access Qwests operator services, they are provided to CLEC under this
Agreement pursuant to Section 251 (b )(3) of the Act. As such, the pricing requirements
of Section 252( d)( 1) of the Act are not applicable. Operator services shall be provided to
CLEC as a facilities-based provider at the market-based rates contained in Exhibit A.
10.7.1.1.1 EAS/Local and IntraLATA Assistance. Assists CLEC End User
Customers requesting help or information on making and receiving EAS/local
and IntraLAT A toll calls, connects CLEC End User Customers to Qwests
Directory Assistance Service, and provides other information and guidance,
including referral to the business office and repair, as may be consistent with
Qwests customary practice for providing End User Customer assistance.
10.7.1.1.2 Intentionally Left Blank.
10.7.1.1.3 Emergency Assistance. Provides assistance for handling
CLEC's End User Customer's EAS/local and IntraLATA toll calls to emergency
agencies, including but not limited to, police, sheriff, highway patrol and fire.
CLEC is responsible for providing Qwest with the appropriate emergency agency
numbers and updates.
.10.7.1.1.4 Busy Line Verification (BLV) is performed when CLEC's End
User Customers request assistance from the operator bureau to determine if a
called line is in use. The operator wil not complete the call for the callng party
initiating the BLV inquiry. Only one BLV attempt wil be made per call, and a
charge shall apply.
10.7.1.1.5 Busy Line Interrupt (BLI) is performed when CLEC's End User
Customers request assistance from the operator to interrupt a telephone call in
progress. The operator wil interrupt the busy line and inform the called party that
there is a call waiting. The operator will not connect the callng and called
parties. The operator will make only one BLI attempt per call and the applicable
charge applies whether or not the called party releases the line.
10.7.1.1.6 Quote Service - Provides time and charges to hotel/motel and
other CLEC End User Customers for guest/account identification.
10.7.1.1.7 CLEC-Specific Call Branding Service. Provides CLEC's End
User Customers the operator services listed in this Section branded with the
brand of CLEC (CLEC-specific branding), where Technically Feasible, or with a
generic brand. CLEC-specific Call Branding announces CLEC's name to CLEC's
End User Customer at the start and completion of the calL. Generic branding
does not announce any provider's name. CLEC-specific and generic Call
Branding are optional services available to CLEC.
.10.7.1.1.7.1 Front End CLEC-specific Call Branding -- Announces
CLEC's name to CLEC's End User Customer at the start of the calL.
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 252
Section 10
Ancilary Services
10.7.1.1.7.2 Back End CLEC-specific Call Branding -- Announces
CLEC's name to CLEC's End User Customer at the completion of the call. .
10.7.2 Terms and Conditions
10.7.2.0 Operator services accessed over CLEC's resold local exchange lines
include terms and conditions (except prices) for operator services in Qwests applicable
product Tariffs, catalogs, price lists, or other retail Telecommunications Services
offerings. To the extent, however, that a conflict arises between the terms and
conditions of the Tariff, catalog, price list, or other retail Telecommunications Services
offering and this Agreement, this Agreement shall be controllng. Operator services are
available to facilities-based CLEC as described in this Section 10.7, unless otherwise
noted.
10.7.2.0.1 Qwest does not authorize CLEC to offer Qwest the incumbent
Local Exchange Carrier (ILEC) as a Local Primary Interexchange Carrier (LPIC)
to its existing or new End User Customers on Qwests behalf. If CLEC assigns
Qwest the ILEC, LPIC 5123, to CLEC's existing or new End User Customers,
Qwest wil bil reseller CLEC for IntraLATA Toll services at the Qwest retail rate
less the wholesale discount contained in Exhibit A, if any, and wil bil facilities-
based CLEC at the rates contained or referenced in Exhibit A, and Qwest wil not
directly bil CLEC's End User Customers for such IntraLATA Toll services.
10.7.2.0.2 If CLEC assigns Qwest the ILEC, PIC 5123, to CLEC's existing or
new End User Customers, transport beyond Qwests local interoffice network for
IntraLATA Toll services wil be provided over Qwests IntraLATA Toll network. .
Routing tables resident in Qwests Switch(es) will direct CLEC's traffic over
Qwests interoffice message trunk network.
10.7.2.0.3 If, during the term of this Agreement, Qwest the ILEC offers
IntralATA Toll services directly to CLEC's End User Customers, Qwest wil
establish its own billng relationship with such End User Customers, and Qwest
wil not bil CLEC, and CLEC shall have no obligation to pay Qwest, for such
IntraLATA Toll services Qwest provides to CLEC's End User Customers.
10.7.2.1 For facilities-based CLEC using its own or a third party's Switch(es),
Interconnection to Qwests operator services Switch is Technically Feasible at two (2)
distinct points on the Trunk Side of the Switch. The first connection point is an operator
services trunk connected directly to the Qwest operator services host Switch. The
second connection point is an operator services trunk connected directly to a remote
Qwest operator services Switch.
10.7.2.2 Trunk Provisioning and facility ownership must follow Qwest guidelines.
10.7.2.3 In order for CLEC to use Qwests operator services as a facilties-based
CLEC using its own or a third party's Switch(es), CLEC must provide an operator service
trunk between CLEC's End Offce Switch and the Interconnection point on the Qwest
operator services Switch for each NPA served.
10.7.2.4 The technical requirements of operator service trunk are covered in the
Operator Services Systems Generic Requirement (OSSGR), Telcordia document FR- .
January 13, 201 O/msd/l ntrado/l D/CDS-1 00112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 253
.
.
.
Section 10
Ancillary Services
NWT-000271, Section 6 (Signaling) and Section 10 (System Interfaces) in general
requirements form.
10.7.2.5 Each Party's operator bureau shall accept BLV and BLI inquiries from the
operator bureau of the other Party in order to allow transparent provision of BLV/BLI
traffc between the Parties' networks.
10.7.2.6 Facilities-based CLEC using its own or a third party's Switch(es) wil
provide separate no-test trunks (not the 10cal/lntraLATA trunks) to the Qwest BLV/BLI
hub or to the Owest operator services Switches.
10.7.2.7 Qwest will perform operator services in accordance with operating
methods, practices, and standards in effect for all its End User Customers, including
making and receiving EAS/local and IntraLATA Toll calls. Qwest wil respond to CLEC's
End User Customer calls to Qwests operator services according to the same priority
scheme as it responds to Qwests End User Customer calls. Calls to Qwests operator
services are handled on a first come, first served basis, without regard to whether calls
are originated by CLEC or Qwest End User Customers.
10.7.2.8 Qwest wil provide operator services to CLEC where Technically Feasible
and facilities are available. Qwest may from time-to-time modify and change the nature,
extent, and detail of specific operator services available to its retail End User Customers,
and to the extent it does so, Qwest wil provide notice to CLEC on a timely basis
consistent with Commission rules and notice requirements.
10.7.2.9 Qwest shall maintain adequate equipment and personnel to reasonably
perform the operator services. Facilties-based CLEC using its own or a third party's
Switch( es) shall provide and maintain the facilities necessary to connect its End User
Customers to the locations where Qwest provides the operator services and to provide
all information and data needed or reasonably requested by Qwest in order to perform
the operator services.
10.7.2.10 Intentionally Left Blank.
10.7.2.11 CLEC-specific Call Branding for operator services includes recording and
setting up CLEC's brand message and loading the brand message into Qwests
Switch( es). Qwest wil record CLEC's brand message.
10.7.2.12 Intentionally Left Blank.
10.7.2.13 Reseller CLEC's End User Customers dial the same number Qwests own
End User Customers dial to access operator services, including "0" or "0+." Facilties-
based CLEC using its own or a third party's Switch(es) may choose to have its End User
Customers access Qwest operators by dialing a unique number or by using the same
dialing pattern as used by Qwest End User Customers.
10.7.3 Rate Elements
The following, rate elements apply to operator services. Operator services are provided to
CLEC for resale with resold local exchange lines at the Owest retail price less the wholesale
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 254
Section 10
Ancilary Services
discount contained in Exhibit A, if any. Operator services are provided to CLEC as a facilities-
based provider at the market-based prices contained in Exhibit A. .
10.7.3.1 Operator services are priced on a per call basis, as follows.
10.7.3.1.1 Operator Services Calls - Charges apply for each completed
call handled by operator services, including EAS/local calls and IntraLATA toll
calls made, or received and accepted, by CLEC's End User Customer.
10.7.3.1.2
10.7.3.1.3
10.7.3.1.4
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
10.7.3.1.5 Intentionally Left Blank.
10.7.3.1.6 Busy Line Verify - Charges apply for each call where the
operator determines that conversation exists on a line.
10.7.3.1.7 Busy Line Interrupt - Charges apply for each call where the
operator interrupts conversation on a busy line and requests release of the line.
10.7.3.1.8 Operator Assistance - Charges apply for operator assistance
whether a call is completed or not, that does not otherwise generate an operator
surcharge as described in this Section. These calls include, but are not limited .
to: calls given the DDD rate because of transmission problems; calls where the
operator has determined there should be no charge, such as Busy Line Verify
attempts where conversation was not found on the line; calls where CLEC's End
User Customer requests information from the operator and no attempt is made to
complete a call; and calls for quotation service.
10.7.3.1.9 "Completed call" as used in this Section shall mean that CLEC's
End User Customer makes contact with the location, telephone number, person
or extension designated by the End User Customer.
10.7.3.2 Intentionally Left Blank.
10.7.3.3 CLEC-Specific Call Branding Nonrecurring Charges. Qwest wil charge
CLEC a nonrecurring set-up and recording fee for establishing CLEC-specific Call
Branding, and for loading CLEC's brand message in Qwests Switch( es). CLEC must
pay such nonrecurring charges prior to commencement of CLEC-specific branding. The
nonrecurring charges apply each time CLEC's brand message is changed. The
nonrecurring charge to load the Switches with CLEC's branded message wil be
assessed each time there is any change to the Switch.
10.7.4 Ordering Process
CLEC wil order operator services by completing the "Qwest Operator Services/Directory
Assistance Questionnaire for Competitive Local Exchange Carriers." Copies of this
questionnaire may be obtained from CLEC's designated Qwest account manager..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 255
.
.
.
Section 10
Ancilary Services
10.7.5 Biling
10.7.5.1 Owest wil track usage and bill CLEC for the calls made and received by
CLEC's End User Customers and facilities.
10.7.5.2 Owest wil compute CLEC's invoice based on calls made and received by
CLEC's End User Customers.
10.7.5.3 If, due to equipment malfunction or other error, Owest does not have
available the necessary information to compile an accurate Biling statement, Owest may
render a reasonably estimated bil, but shall notify CLEC of such estimate and cooperate
in good faith with CLEC to establish a fair, equitable estimate. Owest shall render a bil
reflecting actual billable quantities when and if the information necessary for the Biling
statement becomes available.
10.7.5.4 Owest shall provide to CLEC usage information within Owests control
with respect to calls originated by or terminated to CLEC's End User Customers in the
form of the actual information that is comparable to the information Owest uses to bil its
own End User Customers. Without limiting the generality of the foregoing, Owest shall
provide CLEC with Daily Usage Feed (DUF) billng information.
10.7.5.5 Owest wil provide DUF records for all usage bilable to CLEC's lines,
including Busy Line Verify (BLV), Busy Line Interrupt (BU), and Owest-ILEC-provided
intraLATA tolL. These records wil be provided as Category 01 or Category 10 EMI
records.
10.7.5.6 If CLEC assigns Owest the ILEC to provide IntraLATA Toll services for its
End User Customers, Owest shall bil CLEC and CLEC shall pay Owest for such
services in accordance with Exhibit A.
10.8 Access to Poles, Ducts, Conduits, and Rights of Way
10.8.1 Description
10.8.1.1 Pole Attachments - Where it has ownership or control to do 50, Owest
wil provide CLEC with access to available Pole Attachment space for the placing of
facilities for the purpose of transmitting Telecommunications Services.
10.8.1.1.1 The term Pole Attachment means any attachment by CLEC to a
pole owned or controlled by Owest.
10.8.1.2 Ducts and Conduits - Where it has ownership or control to do so, Owest
wil provide CLEC with access to available ducts/conduits for the purpose of placing
facilities for transmitting Telecommunications Services. A spare ducUconduit will be
leased for copper facilities only, and an innerduct for the purpose of placing fiber. CLEC
may place innerduct in an empty ducUconduit. Control of CLEC-installed spare
innerduct shall vest in Owest immediately upon installation; ownership of such innerduct
shall vest to Owest if and when CLEC abandons such innerduct. Within a multiple
tenant environment (MTE), duct may traverse building Entrance Facilities, building
entrance links, equipment rooms, Remote Terminals, cable vaults, telephone closets or
building riser.
January 13, 201 0/msd/lntrado/lD/CDS-1 00112-0010
Qwest Fourteen State Negotiations Template, Deceber 29,2008 256
Section 10
Ancilary Services
10.8.1.2.1 The terms duct and conduit mean a single enclosed raceway for
conductors, cable and/or wire. Duct and conduit may be in the ground, may .
follow streets, bridges, public or private ROW or may be within some portion of a
multiple tenant environment. Within a multiple tenant environment, duct and
conduit may traverse building entrance facilities, building entrance links,
equipment rooms, Remote Terminals, cable vaults, telephone closets or building
riser. The terms duct and conduit include riser conduit.
10.8.1.2.2 The term innerduct means a duct-like raceway smaller than a
duct/conduit that is inserted into a duct/conduit so that the duct may typically
carry three (3) cables.
10.8.1.2.3 The term microduct means a smaller version of innerduct. Four
(4) microducts can be placed within a 1 ~-inch innerduct.
10.8.1.3 Rights of Way (ROW) - Where it has ownership or control to do so,
Qwest wil provide to CLEC, via an Access Agreement in the form of Attachment 4 to
Exhibit D, access to available ROW for the purpose of placing Telecommunications
facilities. ROW includes land or other property owned or controlled by Qwest and may
run under, on, above, across, along or through public or private property or enter
multiple tenant environments.
10.8.1.3.1 ROW means a real property interest in privately-owned real
property, but expressly excluding any public, governmental, federal or Native
American, or other quasi-public or non-private lands;\ suffcient to permit Qwest to
place Telecommunications facilities on such real property; such property owner .
may permit Qwest to install and maintain facilities under, on, above, across, .
along or through private propert or enter multiple tenant environments. Within a
multiple tenant environment, a ROW includes a pathway that is actually used or
has been specifically designated for use by Qwest as part of its transmission and
distribution network where the boundaries of the pathway are clearly defined
either by written specifications or unambiguous physical demarcation.
10.8.1.4 Intentionally Left Blank.
10.8.1.5 The phrase "ownership or control to do so" means the legal right, as a
matter of state law, to (i) convey an interest in real or personal property, or (ii) afford
access to third parties as may be provided by the landowner to Qwest through express
or implied agreements, or through Applicable Law as defined in this Agreement.
10.8.1.6 Poles, Ducts and Rights of Way (PDR) Transfer of Responsibilty refers to
the transfer of the occupancy of space for either aerial or underground facilities to
assuming CLEC from vacating CLEC.
10.8.1.6.1 A PDR Transfer of Responsibility request received by Qwest is
irrevocable upon one hundred percent (100%) payment by assuming CLEC of
the nonrecurring transfer charge.
.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 257
Section 10
Ancilary Services.10.8.2 Terms and Conditions
Qwest shall provide CLEC non-discriminatory access to poles, ducts, conduit and Rights of Way
(ROW) on terms and conditions found in the Revised Qwest Rights of Way, Pole Attachment
and/or Ductllnnerduct Occupancy General Information Document, attached hereto as Exhibit D.
Qwest wil not favor itself over CLEC when Provisioning access to poles, ducts, conduits and
Rights of Way (ROW). Qwest shall not give itself preference when assigning space.
10.8.2.1 Subject to the provisions of this Agreement, Qwest agrees to issue to
CLEC authorization for CLEC to attach, operate, maintain, rearrange, transfer and
remove at its sole expense its facilities on poles/ductlinnerduct or ROW owned or
controlled in whole or in part by Qwest, subject to orders placed by CLEC. Any and all
rights granted to CLEC shall be subject to and subordinate to any future local, state
and/or federal requirements.
10.8.2.2 Qwest wil rely on such codes as the National Electrical Safety Code
(NESC) to prescribe standards with respect to capacity, safety, reliability, and general
engineering principles.
.
10.8.2.3 Federal requirements, such as those imposed by Federal Energy
Regulatory Commission (FERC) and Occupational Safety and Health Administration
(OSHA), wil continue to apply to the extent such requirements affect requests for
attachments or occupancy to Qwest facilities under Section 224(f)(1) of the Act.
10.8.2.4 CLEC shall provide access to a map of the requested
poles/ductlinnerductlROW route, including estimated distances between major points,
the identification and location of the poles/ductlinnerduct and ROWand a description of
CLEC's facilities. Qwest agrees to provide to CLEC access to relevant plats, maps,
engineering records and other data within ten (10) business days of receiving a request
for such information, except in the case of extensive requests. Extensive requests
involve the gathering of plats from more than one (1) location, span more than five (5)
Wire Centers, or consist of ten (10) or more intra-Wire Center requests submitted
simultaneously. Responses to extensive requests wil be provided within a reasonable
interval, not to exceed forty-five (45) Days.
10.8.2.5 Except as expressly provided herein, or in the Pole Attachment Act of
1934 as amended and its regulations and rules, or in any applicable state or municipal
laws, nothing herein shall be construed to compel Qwest to construct, install, modify or
place any poles/ductlinnerduct or other facility for use by CLEC.
10.8.2.6 Qwest retains the right to determine the availability of space on
poles/ductlinnerduct, conduit and ROW consistent with 47 U.S.C. § 224 and FCC
orders, rules and regulations pursuant to 47 U.S.C. § 224. In the event Qwest
determines that rearrangement of the existing facilities on poles, ductlinnerductlconduit,
and ROW is required before CLEC's facilities can be accommodated, the actual cost of
such modification wil be included in CLEC's nonrecurring charges for the associated
order (Make-Ready fee). When modifications to a Qwest spare ductlconduit include the
placement of innerduct, Qwest or CLEC wil install the number of innerduct required to fil
the ductlconduit to its full capacity..10.8.2.7 Qwest shall make manhole ingress and egress for ductlinnerduct access
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 258
Section 10
Ancilary Services
available to CLEC. Owest wil perform a feasibility study to determine whether to
provide a stub out via the pre-constructed knock out within the manhole, or to perform a .
core dril of the manhole.
10.8.2.8 Where such authority does not already exist, CLEC shall be responsible
for obtaining the necessary legal authority to occupy ROW, and/or poles/duct/innerduct
on governmental, federal, Native American, and private rights of way. CLEC shall obtain
any permits, licenses, bonds, or other necessary legal authority and permission, at
CLEC's sole expense, in order to perform its obligations under this Agreement. CLEC
shall contact all owners of public and private rights-of-way to obtain the permission
required to perform the work prior to entering the property or starting any work thereon.
See Section 10.8.4. CLEC shall comply with all conditions of rights-of-way and permits.
Once such permission is obtained, all such work may be performed by Owest or CLEC
at the option of CLEC.
10.8.2.9 Access to a Owest Central Office manhole wil be permitted where
Technically Feasible. If space is available, Owest wil allow access through the Central
Office manhole to the POI (Point of Interconnection). There shall be a presumption that
there shall be no fiber splices allowed in the Central Office manhole. However, where
CLEC can establish the necessity and Technical Feasibility of splicing in the Central
Office manhole, such action shall be permitted.
10.8.2.10 Replacement/Modification/Installation - If CLEC requests Owest to
replace or modify existing poles/duct/innerduct to increase its strength or capacity for the
sole benefit of CLEC, CLEC shall pay Owest the total actual replacement cost, Owests
actual cost to transfer its attachments to new poles/duct/innerduct, as necessary, and .
the actual cost for removal (including actual cost of destruction) of the replaced
poles/duct/innerduct, if necessary. Ownership of new poles/duct/innerduct shall vest to
Owest.
10.8.2.10.1 Upon request, Owest shall permit CLEC to install,
poles/duct/innerduct. Owest reserves the right to reject any non-conforming
replacement pole/duct/innerduct installed by CLEC that does not conform to the
NESC, OSHA or local ordinances.
10.8.2.10.2 To the extent that a modification is incurred for the benefit of
multiple parties, CLEC shall pay a proportionate share of the total actual, cost
based on the ratio of the amount of new space occupied by the facilities of CLEC
to the total amount of space occupied by all parties including Owest or its
Affiliates participating in the modification. Parties who do not initiate, request or
receive additional space from a modification, are not required to share in the cost
of the modification. CLEC, Owest or any other party that uses a modification as
an opportunity to bring its facilities into compliance with applicable safety or other
requirements will be deemed to be sharing in the modification and wil be
responsible for its share of the modification cost. Attaching entities will not be
responsible for sharing in the cost of governmentally mandated pole or other
facility modification. Owest does not and wil not favor itself over other Carriers
when Provisioning access to poles, innerduct and rights-of-way.
10.8.2.10.3 The modifying part or parties may recover a proportionate
share of the modification costs from parties that later are able to obtain access as .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 259
Section 10
Ancilary Services.a result of the modification. The proportionate share of the subsequent attacher
wil be reduced to take account of depreciation to the pole ór other facility that
has occurred since the modification. The modifying party or parties seeking to
recover modification costs from parties that later obtain attachments shall be
responsible for maintaining all records regarding modification costs. Owest shall
not be responsible for maintaining records regarding modification costs on behalf
of attaching entities.
10.8.2.11 Notification of modifications initiated by or on behalf of Owest and at
Owests expense shall be provided to CLEC at least sixty (60) Days prior to beginning
modifications. Such notification shall include a brief description of the nature and scope
of the modification. If CLEC does not respond to a requested rearrangement of its
facilities within sixty (60) Days after receipt of written notice from Owest requesting
rearrangement, Owest may perform or have performed such rearrangement and CLEC
shall pay the actual cost thereof. No such notice shall be required in emergency
situations or for routine maintenance of poles/ductlinnerduct completed at Owests
expense.
10.8.2.12 Owest reserves the right to make an on-site/final construction inspection
of CLEC's facilities occupying the poles/ductlinnerduct system. CLEC shall reimburse
Owest for the actual cost of such inspections except where specified in this Section.
.
10.8.2.13 When final construction inspection by Owest has been completed, CLEC
shall correct such non-complying conditions within the reasonable period of time
specified by Owest in its written notice. If corrections are not completed within the
specified reasonable period, occupancy authorizations for the ROW,
poles/ductlinnerduct system where non-complying conditions remain uncorrected shall
suspend forthwith, regardless of whether CLEC has energized the facilities occupying
said poles/ductlinnerduct or ROW system and CLECshall remove its facilities from said
poles/ductlinnerduct or ROW in accordance with the provisions of this Section, provided,
however, if the corrections physically cannot be made within such specified time, and
CLEC has been diligently prosecuting such cure, CLEC shall be granted a reasonable
additional time to complete such cure. Owest may deny further occupancy authorization
to CLEC until such non-complying conditions are corrected or until CLEC's facilities are
removed from the poles/ductlinnerduct system where such non-complying conditions
exist. If agreed between both Parties, Owest shall perform or have performed such
corrections and CLEC shall pay Owest the actual cost of performing such work.
Subsequent inspections to determine if appropriate corrective actions have been taken
may be made by Owest.
10.8.2.14 Once CLEC's facilties begin occupying the poles/ductlinnerduct or ROW
system, Owest may perform a reasonable number of inspections. Owest shall bear the
cost of such inspections unless the results of the inspection reveal a material violation or
hazard, or that CLEC has in any other way failed to comply with the provisions of
Section 10.8.2.20; in which case CLEC shall reimburse Owest the costs of inspections
and re-inspections, as required. CLEC's representative may accompany Owest on such
field inspections. The cost of periodic inspection or any special inspections found
necessary due to the existence of sub-standard or unauthorized occupancies shall be
biled separately..10.8.2.15 The costs of inspections made during construction and/or the final
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 260
Section 10
Ancilary Services
construction survey and subsequent inspection shall be biled to CLEC upon completionof the inspections. .
10.8.2.16 Final construction, subsequent, and periodic inspections or the failure to
make such inspections, shall not relieve CLEC of any responsibilties, obligations, or
liability assigned under this Agreement.
10.8.2.17 CLEC may use individual workers of its choice to perform any work
necessary for the attaching of its facilities so long as such workers have the same
qualifications and training as Qwests workers. CLEC may use any contractor approved
by Qwest to perform make-ready work.
January 13, 201 0/msd/lntrado/lD/CDS-1 00112~001O
Qwest Fourteen State Negotiations Template, December 29, 2008 261
Section 10
Ancilary Services
.
10.8.2.21 Should Owest under the provisions of this Agreement remove CLEC's
facilities from the poles/ducUinnerduct covered by any order, Owest will deliver the
facilities removed upon payment by CLEC of the cost of removal, storage and delivery,
and all other amounts due Owest. If CLEC removes facilities from poles/ducUinnerduct
for other than repair or maintenance purposes, no replacement on the
poles/ducUinnerduct shall be made until all outstanding charges due Owest for previous
occupancy have been paid in fulL. CLEC shall advise Owest in writing as to the date on
which the removal of facilities from the poles/ductlinnerduct has been completed.
10.8.2.22 If any facilities are found attached to poles/ductlinnerduct for which no
order is in effect, Owest, without prejudice to its other rights or remedies under this
Agreement, may assess a charge and CLEC agrees to pay the lesser of (a) the annual
fee per pole or per innerduct run between two (2) manholes for the number of years
since the most recent inventory, or (b) five (5) times the annual fee per pole or per
innerduct run between two (2) manholes. In addition, CLEC agrees to pay (a) interest
on these fees at a rate set for the applicable time period by the Internal Revenue Service
for individual underpayments pursuant to Section 6621 of the Internal Revenue Service
Code (25 U.S.C. § 6621, Rev. Rul. 2000-30, 2000-25 IRS 1262), and (b) the cost of any
audit required to identify unauthorized CLEC attachments. Owest shall waive half the
unauthorized attachment fee if the following conditions are met: (1) CLEC cures such
unauthorized attachment (by removing it or submitting a valid order for the attachment in
the form of Attachment 2 of Exhibit D, within thirty (30) Days of written notification from
Owest of the unauthorized attachment; and (2) the unauthorized attachment did not
require Owest to take curative measures itself (e.g., pullng additional innerduct) prior to
cure by CLEC, (3) CLEC reimburses Owest for cost of audit, or portion thereof, which
discovered the unauthorized attachment. Owest shall also waive the unauthorized
attachment fee if the unauthorized attachment arose due to error by Owest rather than
CLEC. CLEC is required to submit in writing, within ten (10) business days after receipt
of written notification from Owest of the unauthorized occupancy, a poles/ductlinnerduct
application. If such application is not received by Owest within the specified time period,
CLEC wil be required to remove its unauthorized facility within thirty (30) Days of the
final date for submitting the required application, or Owest may remove CLEC's facilities
without liability, and the cost of such removal shall be borne by CLEC.
.
10.8.2.23 No act or failure to act by Owest with regard to an unauthorized
occupancy shall be deemed as the authorization of the occupancy. Any subsequently
issued authorization shall not operate retroactively or constitute a waiver by Owest of
any of its rights or privileges under this Agreement or otherwise. CLEC shall be subject
to all liabilities of the Agreement in regard to said unauthorized occupancy from its
inception.
.
10.8.2.24 Owest will provide CLEC non-discriminatory access to
poles/ducts/innerducts/conduits and ROW pursuant to 47 U.S.C. § 224 and FCC orders,
rules and regulations pursuant to 47 U.S.C. § 224. In the event of a conflict between this
Agreement, on one hand, and 47 U.S.C. § 224 and FCC orders, rules and regulations
pursuant to 47 U.S.C. § 224, on the other, 47 U.S.C. § 224 and FCC orders, rules and
regulations pursuant to 47 U.S.C. § 224 shall govern. Further, in the event of a conflict
between Exhibit D, on one hand, and this Agreement or 47 U.S.C. § 224 and FCC
orders, rules and regulations pursuant to 47 U.S.C. § 224, on the other, this Agreement
or 47 U.S.C. § 224 and FCC orders, rules and regulations pursuant to 47 U.S.C. § 224
shall govern, provided however, that any Access Agreement that has been duly
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 262
Section 10
Ancilary Services
executed, acknowledged and recorded in the real property records for the county in
which the ROW is located shall govern in any event pursuant to its terms. .
10.8.2.25 Nothing in this Agreement shall require Owest to exercise eminent
domain on behalf of CLEC.
10.8.2.26 Owest wil not enter into ROW agreements for the provision of
Telecommunications Services, including agreements relating to ROW within multiple
tenant environments, that preclude CLEC from using ROW over which Owest has
ownership or control. Upon CLEC request, Owest wil certify to a landowner with whom
Owest has an ROW agreement, the following:
10.8.2.26.1 that the ROW agreement with Owest does not preclude the
landowner from entering into a separate ROW agreement with CLEC; and
10.8.2.26.2 that there wil be no penalty under the agreement between the
landowner and Owest if the landowner enters into a ROW agreement with CLEC.
10.8.2.27 For purposes of permitting CLEC to determine whether Owest has
ownership or control over ducUconduit or ROW, including ducUconduit or ROW within a
specific multiple tenant environment, if CLEC requests a copy of an agreement between
Owest and the owner of a ducUconduit or ROW, including ducUconduit or ROW within a
specific multiple tenant environment, that grants Owest access to, ownership of, or
control of ducUconduit or ROW within a specific multiple tenant environment, Owest wil
provide the agreement to CLEC pursuant to the terms of this Section. CLEC wil submit
a completed Attachment 1.A from Exhibit D that identifies a specific multiple tenant .'
environment or route for each agreement.
10.8.2.27.1 Upon receipt of a completed Attachment 1.A, Owest wil prepare
and return an MTE matrix or ROW matrix, as applicable, within ten (10) Days,
which wil identify (a) the owner of the ducUconduit or ROW or multiple tenant
environment as reflected in Owests records, and (b) whether or notOwest has a
copy of an agreement that provides Owest access to ducUconduit or ROW or
multiple tenant environment in its possession. Owest makes no representations
or warranties regarding the accuracy of its records, and CLEC acknowledges that '
the original property owner may not be the current owner of the property.
10.8.2.27.2 Owest grants a limited waiver of any confidentiality rights it may
have with regards to the content of the agreement, subject to the terms and
conditions in Section 10.8.2.27.3 and the Consent to Disclosure form. Owest wil
provide to CLEC a copy of an agreement listed in the MTE matrix or ROW
matrix, as applicable, that has not been publicly recorded after CLEC obtains
authorization for such disclosure from the third party owner(s) of the real property
at issue by presenting to Owest an executed version of the Consent to
Disclosure form that is included in Attachment 4 to Exhibit D of this Agreement.
In lieu of submission of the Consent to Disclosure form, CLEC must comply with
the indemnification requirements in Section 10.8.4.1.3.
10.8.2.27.3 As a condition of its limited waiver of its right to confidentiality in
an agreement that provides Owest access to a multiple tenant environment that
Owest provides to CLEC or that CLEC obtains from the multiple tenant .
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 263
Section 10
Ancilary Services.environment owner or operator, Qwest shall redact all dollar figures from copies
of agreements that have not been publicly recorded that Qwest provides to CLEC
and shall require that the multiple tenant environment owner or operator make
similar redaction's prior to disclosure of the agreement.
10.8.2.27.4 In all instances, CLEC wil use agreements only for the following
purposes: (a) to determine whether Qwest has ownership or control over duct,
conduits, or rights-of-way within the property described in the agreement; (b) to
determine the ownership of wire within the property described in the agreement;
or (c) to determine the Demarcation Point between Qwest facilities and the
owner's facilities in the property described in the agreement. CLEC further
agrees that CLEC shall not disclose the contents, terms, or conditions of any
agreement provided pursuant to Section 10.8 to any CLEC agents or employees
engaged in sales, marketing, or product management efforts on behalf of CLEC.
10.8.2.28 In cities where Qwest has deployed microduct technology but no vacant
microduct is available on the specified route, CLEC may request Qwest to place
microduct along the desired route or CLEC can choose to place microduct that must
meet Qwest specifications.
10.8.2.29 In cities where Qwest has not deployed microduct and CLEC wishes to
use this technology, CLEC must lease an innerduct. In these locations CLEC wil be
required to furnish and place the microduct. At the conclusion of the lease, CLEC and
Qwest wil make a joint decision whether or not CLEC wil be required to remove CLEC's
microduct from the innerduct..10.8.2.30 If any microduct is found occupying facilities for which no order is in
effect, Qwest, without prejudice to its other rights or remedies, may assess a charge and
CLEC agrees to pay the lesser of (a) the annual fee per microduct run between two (2)
manholes for the number of years since the most recent inventory, or (b) five (5) times
the annual fee per microduct run between two (2) manholes.
10.8.2.30.1 In addition, CLEC agrees to pay (a) interest on these fees at a
rate set for the applicable time period by the Internal Revenue Service for
individual underpayments pursuant to Section 6621 of the Internal Revenue
Service Code (25 U.S.C 6621, Rev. Rul. 2000-30, 2000-25 IRS 1262), and (b)
the cost of any audit required to identify unauthorized CLEC occupancy.
10.8.2.30.2 Qwest shall waive half the unauthorized occupancy fee if the
following conditions are met:
10.8.2.30.2.1 CLEC cures such unauthorized occupancy by removing it
or submitting a valid order for the attachment within thirty (30) days of
written notification from Qwest.
10.8.2.30.2.2 The unauthorized occupancy did not require Qwest to take
curative measures (e.g., pullng additional microduct) prior to cure by
CLEC..10.8.2.30.2.3 CLEC reimburses Qwest for cost of audit, or portion
thereof, which discovered the unauthorized occupancy. Qwest shall also
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 264
Section 10
Ancilary Services
waive the unauthorized occupancy fee if the unauthorized occupancy
arose due to error by Owest rather than CLEC. CLEC is required to .
submit in writing, within ten (10) business days after receipt of written
notification from Owest of the unauthorized occupancy, a
Poles/Duct/lnnerduct/Microduct Application. If such application is not
received by Owest within the specified time period, CLEC wil be required
to remove its unauthorized facility within thirty (30) Days of the final date
for submitting the required application, or Owest may remove CLEC's
facilities without liability, and the cost of such removal shall be borne by
CLEC.
10.8.2.31 To be eligible for PDR Transfer of Responsibility of the occupancy of
space for poles or conduit, vacating CLEC must have a valid Agreement in place for
those facilties specified for transfer.
10.8.2.31.1 The assuming CLEC is required to have an Agreement with
Owest that includes all elements involved in the transfer.
10.8.2.31.2 The Agreement referenced in the PDR Transfer of
Responsibility request wil be transferred either in its entirety or portion thereof as
specified in the PDR Transfer of Responsibilty Application Form and Transfer
Authorization Agreement.
10.8.2.31.3 The PDR Transfer of Responsibilty includes changing the
following Owest items: Customer name, Access Carrier Name Abbreviation
(ACNA), Master Customer Number (MCN), customer address, telephone .
number, billng and contact information, and contact telephone number. The
eight (8) character CLEC CLLp'M code wil remain the same.
10.8.2.31.4 If vacating CLEC has filed for bankruptcy, assuming CLEC must
comply with 11 U.S.C. Section 365.2.61. The negotiation of the terms and
conditions between vacating CLEC and assuming CLEC is the responsibility of
those two parties. Owest does not participate in these discussions. Owest
manages the database and records the transfer.
10.8.2.31.5
facilities.
Owest is not responsible for the physical condition of CLEC's
10.8.2.31.6 Prior to submission of a PDR Transfer of Responsibility request,
all work in progress must be negotiated between vacating and assuming CLEC.
10.8.2.31.7 Prior to submittng a Transfer of Responsibility request,
assuming CLEC's financial obligations to Owest must be in good standing. If
vacating CLEC is unable to meet its financial obligations, assuming CLEC wil be
required to assume the financial obligations of vacating CLEC.
10.8.2.31.8 Vacating and assuming CLEC must provide Owest a signed
Owest PDR Transfer Authorization Agreement providing the following
information: All Owest Central Offce Service Areas that may apply, PDR Biling
Authorization Numbers (BAN), requested completion date (not binding), and
state-specific charge for the transfer as indicated in Exhibit A. .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 265
Section 10
Ancilary Services.10.8.2.31.9 Once the transfer request is accepted, Owest wil submit the
signed PDR Transfer of Responsibility Request Consent Fo~m to vacating and
assuming CLECs and the transfer wil be completed.
10.8.3 Rate Elements
.
Owest recurring and nonrecurring charges for attachments are in accordance with Section 224
of the Act and FCC orders, rules and regulations promulgated there under and with rates
established by the Commission. Charges are included in Exhibit A.
10.8.3.1 Inquiry Fee. A non-refundable pre-paid charge used to recover the costs
associated with performing an internal record review to' determine if a requested route
and/or facility is available, or with respect to ROW, to determine the information
necessary to create the MTE matrix or ROW matrix, as applicable, which identifies, for
each ROW, the name of the original grantor and the nature of the ROW (Le., publicly
recorded and non-recorded) and the MTE matrix or ROW matrix, as applicable, which
identifies each requested legal agreement between Owest and a third party who has a
multiple tenant environment in Owests possession that relates to Telecommunications
Services provided to or through real property owned by the third party (MTE Agreement)
and, for each such MTE Agreement, the name of the third party. Separate Inquiry Fees
apply for ROW, poles and ductlconduitlinnerduct.
10.8.3.2 Field Verification Fee/Access Agreement Preparation Fee. In the case of
poles and ductlinnerduct, the Field Verification Fee is a non-refundable pre-paid charge
which recovers the estimated actual costs for a field survey verification required for a
route and to determine scope of any required make-ready work. Separate Field
Verification Fees apply for poles and manholes. In the case of ROW, the Access
Agreement Preparation Fee is a non-refundable, pre-paid charge which recovers the
estimated actual costs for preparation of the Access Agreement for each ROW
requested by CLEC. Field Verification and Access Agreement Preparation Fees shall be
billed in advance.
10.8.3.3 Make-Ready Fee. A pre-paid non-refundable (other than true-up) charge
which recovers the cost of necessary work required to make the requested facility/ROW
available for access. For innerduct, this could include, but is not limited to, the placing of
innerduct in conduitlduct systems or core drillng of manholes. For Pole Attachment
requests, this could include, but is not limited to, the replacement of poles to meet
required clearances over roads or land. For ROW, this make-ready could include, but is
not limited to, personnel time, including attorney time. With respect to ROW, make-
ready work refers to legal or other investigation or analysis arising out of CLEC's failure
to comply with the process described in Exhibit D for ROW, or other circumstances
giving rise to such work beyond the simple preparation of one or more Access
Agreements. The estimated pre-paid fee shall be biled in advance.
10.8.3.4 Pole Attachment Fee. A pre-paid fee which is charged for the occupancy,
including during any make-ready period, of one (1) foot of pole space (except for
antenna attachment which requires two (2) feet). This fee shall be annual unless CLEC
requests that it be semi-annual..10.8.3.5 Innerduct Occupancy Fee. A pre-paid fee which is charged for the
occupancy, including during any make-ready period, of an innerduct on a per foot basis.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 266
Section 10
Ancilary Services
This fee shall be annual unless CLEC requests that it be semi-annual.
10.8.3.6 Access Agreement Consideration. A pre-paid fee which constitutes
consideration for conveying access to the ROW to CLEC. This fee shall be a one-time
(Le., nonrecurring) fee.
.
10.8.3.7 Microduct Occupancy Fee. A pre-paid fee which is charged for the
occupancy, including during any make-ready period, and biled annually per microduct,
per foot.
10.8.3.8 PDR Transfer of Responsibility. Vacating CLEC wil not incur charges for
a transfer of responsibility agreement. A PDR Transfer of Responsibility charge for
assuming CLEC wil be a nonrecurring charge associated with the transfer of the
agreement.
10.8.4 Ordering,
There are two (2) steps required before placing an order for access to ROW, ductlinnerduct and
Pole Attachment: Inquiry Review and Field Verification.
10.8.4.1 Inquiry Reviews. Upon receipt of an inquiry regarding ROW access, Pole
Attachment or ductlinnerduct occupancy, Qwest will provide CLEC with Exhibit D. CLEC
will review the documents and provide Qwest with maps of the desired area indicating
the routes and entrance points for proposed attachment, proposed occupancy or
proposed CLEC construction on Qwest owned or controlled poles, ductlinnerduct and
ROW as well as the street addresses of any multiple tenant environments upon or .
tchLroEucgh ~II ~iChl CLEC proposes construction on ROW owned or controlled by Qwest. . '
, wi inc ude the appropriate inquiry fee with a completed Attachment 1.A from
Exhibit D.
10.8.4.1.1 Inquiry Review - DuctlConduitllnnerduct. Qwest wil complete
the database inquiry and prepare a ductlconduit structure diagram (referred to as
a "Flatline") which shows distances and access points (such as manholes).
Along with the Flatline wil be estimated costs for field verification of available
facilities. These materials will be provided to CLEC within ten (10) Days or within
the time frames of the applicable federal or state law, rule or regulation.
10.8.4.1.2 Inquiry Review - Poles. Qwest wil provide the name and
contact number for the appropriate local field engineer for joint validation of the
poles and route and estimated costs for field verification on Attachment 1.B of
Exhibit D within ten (10) Days of the req uest.
10.8.4.1.3 Inquiry Review - ROW. Qwest shall, upon request of CLEC,
provide the ROW matrix, the MTE matrix and a copy of all publicly recorded
agreements listed in those matrices to CLEC within ten (10) Days of the request.
Qwest wil provide to CLEC a copy of agreements listed in the matrices that have
not been publicly recorded if CLEC obtains authorization for such disclosure from
the third party owner(s) of the real property at issue by an executed version of
the Consent to Disclosure form, which is included in Exhibit D, Attachment 4.
Qwest may redact all dollar figures from copies of agreements listed in the
matrices that have not been publicly recorded that Qwest provides to CLEC. Any .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 267
Section 10
Ancilary Services
.
dispute over whether terms have been redacted appropriately shall be resolved
pursuant to the Dispute Resolution procedures set forth in this Agreement.
Alternatively, in order to secure any agreement that has not been publicly
recorded, CLEC may provide a legally binding and satisfactory agreement to
indemnify Qwest in the event of any legal action arising out of Qwests provision
of such agreement to CLEC. In that event, CLEC shall not be required to provide
an executed Consent to Disclosure form. Qwest makes no warranties
concerning the accuracy of the information provided to CLEC; CLEC expressly
acknowledges that Qwests files contain only the original ROW instruments, and
that the current owner(s) of the fee estate may not be the part identified in the
document provided by Qwest.
10.8.4.2 Field Verification - Poles Duct/lnnerduct and Access Agreement
Preparation (ROW). CLEC wil review the inquiry results and determine whether to
proceed with field verification for poles/ducts or Access Agreement preparation for ROW.
If field verification or Access Agreement preparation is desired, CLEC wil sign and
return Attachment 1. B of Exhibit D along with a check for the relevant verification fee
(Field Verification Fee or Access Agreement Preparation Fee) plus $10.00 per Access
Agreement as consideration for the Access Agreement. Upon payment of the relevant
fee and Access Agreement consideration, if applicable, Qwest wil provide, as
applicable, depending on whether the request is for poles, duct/innerduct/conduit, or
ROW: (a) in the case of duct/innerduct/conduit, a field survey and site investigation of
the duct/innerduct/conduit, including the preparation of distances and drawings, to
determine availability of existing duct/innerduct/conduit; identification of make-ready
costs required to provide space; the schedule in which the make-ready work will be
completed; and, the annual recurring prices associated with the attachment of facilities;
(b) in the case of ROW, the completed Access Agreement(s), executed and
acknowledged by Qwest. Upon completion of the Access Agreement(s) by CLEC, in
accordance with the instructions, terms and conditions set forth in Exhibit D, the Access
Agreement becomes effective to convey the interest identified in the Access Agreement
(if any). Any dispute regarding whether a legal agreement conveys a ROW shall be
resolved between CLEC and the relevant third party or parties, and such disputes shall
not involve Qwest; and/or (c) in the case of poles, estimates of make-ready costs and
the annual recurring prices associated with the attachment of facilities shall be as
provided in Exhibit A. The verification of (a), (b), and (c), above, shall be completed by
Qwest not later than fort-five (45) Days after CLEC's submission of the inquiry request.
Make-ready time, if any, and CLEC review time is not part of the forty-five (45) Day
intervaL. The Attachment 2 quotation shall be valid for ninety (90) Days.
10.8.4.2.1 CLEC-Performed Field Verification. At the option of CLEC, it
may perform its own field verification (in lieu of Qwest performing same) with the
following stipulations: 1) Verifications will be conducted by a Qwest approved
contractor; 2) A Qwest contractor will monitor the activity of CLEC contractor and
a current labor rate wil be charged to CLEC; 3) CLEC wil provide Qwest with a
legible copy of manhole butterfy drawings that reflect necessary make-ready
effort; and 4) Qwest wil use CLEC-provided butterfly drawings and
documentation to check against existing jobs and provide a final field report of
available duct/innerduct. CLEC wil be charged standard rates for tactical
planner time.
.
.10.8.4.3 Order - Poles and Duct/lnnerduct. The review, signing and return of
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 268
Section 10
Ancilary Services
Attachment 2 of the General Information Document along with payment of the Make-
Ready and prorated recurring accss charges for the current relevant period (annual or .
semi-annual) shall be accepted as an order for the attachment or occupancy. Upon
receipt of the accepted order from CLEC and applicable payment for the fees identified,
Owest wil assign the requested space and commence any make-ready work which may
be required. Owest wil notify CLEC when poles/duct/innerduct are ready.
10.8.4.4 Make-Ready - Estimates of Make-Ready are used to cover actual Make-
Ready costs.
10.8.4.4.1 If Owest requests, CLEC wil be responsible for payment of the
actual Make-Ready costs determined if such costs exceed the estimate. Such
payment shall be made within thirty (30) Days of receipt of an invoice for the
costs that exceed the estimate.
10.8.4.4.2 Within fifteen (15) business days of a request, Owest wil
provide CLEC copies of records reflecting actual cost of Make-Ready work;
provided, however, that, if Owest does not possess all such records at the time of
the request, then Owest wil provide copies of such records within fifteen (15)
business days of receipt of such records. CLEC must request such records, if at
all,. within sixty (60) Days after written notification of the completion of the Make-
Ready work.
10.8.4.4.3 If the actual Make-Ready costs are less than the estimate, an
appropriate credit for the difference wil be issued upon request. Such request
must be received within sixty (60) Days following CLEC's receipt of copies of .
records if CLEC has requested records under this paragraph, or within sixty (60)
Days after written notification of the completion of Make-Ready work if CLEC has
not requested records under this paragraph. Such credit wil issue within ten (10)
business days of Owests receipt of either all records related to such actual costs
or CLEC's request for credit, whichever comes last, but in no event later than
ninety (90) Days following the request fOr credit.
10.8.4.4.4 If CLEC cancels or if, due to circumstances unforeseen during
inquiry/verification, Owest denies the request for poles, ducts or ROW, upon
CLEC request, Owest wil also refund the difference between the actual Make-
Ready costs incurred and those prepaid by CLEC, if any. Such request must be
made within thirty (30) Days of CLEC's receipt of written denial or notification of
cancellation. Any such refund shall be made within ten (10) business days of
either receipt of CLEC's request or Owests receipt of all records relating to the
actual costs, whichever comes last, but in no event later than ninety (90) Days
following the deniaL.
10.8.4.5 The PDR Transfer of Responsibilty process requires the
submission of the DPR Transfer of Responsibilty Application Form containing
information for both the vacating and assuming CLECs, a signed Owest PDR Transfer
Authorization Agreement, and full payment of the quoted PDR Transfer of Responsibility
charge.
10.8.4.5.1
Transfer
The PDR Transfer of Responsibilty Application Form and
Authorization Agreement are on Owests web site at:.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 269
.
.
.
Section 10
Ancilary Services
http://ww.gwest.com/wholesale/pcaUpoleductrow.html.
10.8.4.5.2 The PDR Transfer of Responsibility Application Form and an
electronic version of the Transfer Authorization Agreement with "Agreed" entered
in the designated signature blocks (this wil' act as your electronic signature) must
be submitted to wsstßRgwest.com.
10.8.4.5.3 The printed and signed PDR Transfer Authorization Agreement
and full payment is to be mailed to: Resource Allocation, 700 W. Mineral MT-
G28.24, Littleton CO 80120.
10.8.5 Billng
10.8.5.1 CLEC agrees to pay the following fees in advance as specified in Exhibit A:
Inquiry Fee, Field Verification Fee, Access Agreement Preparation Fee, Make-Ready Fee, Pole
Attachment Fee, DucUlnnerduct Occupancy Fee and Access Agreement Consideration. Make-
Ready Fees wil be computed in compliance with applicable local, state and federal guidelines.
Usage fees for poles/ducUinnerduct (Le., Pole Attachment Fee and DucUlnnerduct Occupancy
Fee) wil be assessed on an annual basis (unless CLEC requests a semi-annual basis). Annual
usage fees for poles/ducUinnerduct wil be assessed as of January 1 of each year. Semi-annual
usage fees for poles/ducUinnerduct wil be assessed as of January 1 and July 1 of each year.
All fees shall be paid within thirty (30) Days following receipt of invoices. All fees are not
refundable except as expressly provided herein.
10.8.5.2 Vacating CLEC is obligated to pay all recurring charges until Owest completes
the PDR Transfer of Responsibilty request. Once the transfer is complete, the effective date to
cease recurring billng wil coincide with the same date recurring billing starts for assuming
CLEC.
10.8.6 Maintenance and Repair
In the event of any service outage affecting both Owest and CLEC, repairs shall be effectuated
on a non-discriminatory basis as established by local, state or federal requirements. Where
such requirements do not exist, repairs shall be made in the following order: electrical,
telephone (EAS/local), telephone (Long Distance), and cable television, or as mutually agreed
to by the users of the affected poles/ducUinnerduct.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 270
Section 11
Network Securi
Section 11.0 - NETWORK SECURITY .11.1 Protection of Service and Propert. Each Party shall exercise the same degree
of care to prevent harm or damage to the other Party and any third parties, its employees,
agents or End User Customers, or their property as it employs to protect its own personnel, End
User Customers and property, etc.
11.2 Each Party is responsible to provide security and privacy of communications.
This entails protecting the confidential nature of Telecommunications transmissions between
End User Customers during technician work operations and at all times. Specifically, no
employee, agent or representative shall monitor any circuits except as required to repair or
provide service of any End User Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or who participated in such
communications or even that such communication has taken place. Violation of such security
may entail state and federal criminal penalties, as well as civil penalties. CLEC is responsible
for covering its employees on such security requirements and pena~ties.
11.3 The Parties' Telecommunications networks are part of the national security
network, and as such, are protected by federal law. Deliberate sabotage or disablement of any
portion of the underlying equipment used to provide the network is a violation of federal statutes
with severe penalties, especially in times of national emergency or state of war. The Parties are
responsible for covering their employees on such security requirements and penalties.
11.4 Qwest and CLEC share responsibility for security and network protection for
each Collocation arrangement. Each Party's employees, agents or representatives must secure
its own portable test equipment, spares, etc. and shall not use the test equipment or spares of .'
other parties. Use of such test equipment or spares without written permission constitutes theft
and may be prosecuted. Exceptions are the use of Qwest ladders in the Wire Center, either
rolling or track, which CLEC may use in the course of work operations. Qwest assumes no
liability to CLEC, its agents, employees or representatives, if CLEC uses a Qwest ladder
available in the Wire Center.
11.5 Each Party is responsible for the physical security of its employees, agents or
representatives. Providing safety glasses, gloves, etc. must be done by the respective
employing Party. Hazards handling and safety procedures relative to the Telecommunications
environment is the training responsibility of the employing Party. Proper use of tools, ladders,
and test gear is the training responsibility of the employing Party.
11.6 In the event that one Party's employees, agents or representatives inadvertently
damage or impair the equipment of the other Party, prompt notification wil be given to the
damaged Party by verbal notification between the Parties' technicians at the site or by
telephone to each Party's 24 x 7 security numbers.
11.7 Each Party shall comply at all times with Qwest security and safety procedures
and requirements while performing work activities on Qwests Premises.
11.8 Qwest wil allow CLEC to inspect or observe spaces which house or contain
CLEC equipment or equipment enclosures at any time and to furnish CLEC with all keys, entry
codes, lock combinations, or other materials or information which may be needed to gain entry
into any secured CLEC space, in a manner consistent with that used by Qwest..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 271
Section 11
Network Security.11.9 Qwest wil limit the keys used in its keying systems for enclosed collocated
spaces which contain or house CLEC equipment or equipment enclosures to its employees and
representatives to emergency access only. CLEC shall further have the right to change locks
where deemed necessary for the protection and security of such spaces.
11.10 Keys may entail either metallc keys or combination electronic ID/key cards. It is
solely the responsibility of CLEC to ensure keys are not shared with unauthorized personnel
and recover keys and electronic ID/keys promptly from discharged personnel, such that office
security is always maintained. Qwest has similar responsibility for its employees.
11.11 CLEC wil train its employees, agents and vendors on Qwest security policies
and guidelines.
11.12 When working on Qwest ICDF Frames or in Qwests common or CLEC
equipment line-ups, Qwest and CLEC employees, agents and vendors agree to adhere to
Qwest quality and performance standards provided by Qwest and as specified in this
Agreement.
11.13 CLEC shall report all material losses to Qwest Security. All security incidents are
to be referred directly to local QwestSecurity -1-888-879-7328. In cases of emergency, CLEC
shall call 911 and 1-888-879-7328.
11.14 Qwest and CLEC employees, agents and vendors wil display the
identification/access card above the waist and visible at all times..11.15 Qwest and CLEC shall ensure adherence by their employees, agents and
vendors to all applicable Qwest environmental health and safety regulations. This includes all
fire/life safety matters, OSHA, EPA, Federal, State and local regulations, including evacuation
plans and indoor air quality.
11.16
and gates.
Qwest and CLEC employees, agents and vendors wil secure and lock all doors
11.17 CLEC wil report to Qwest all property and equipment losses immediately, any
lost cards or keys, vandalism, unsecured conditions, security violations, anyone who is
unauthorized to be in the work area or is not wearing the Qwest identification/access card.
11.18 Qwest and CLEC's employees, agents and vendors shall comply with Qwest
Central Offce fire and safety regulations, which include but are not limited to, wearing safety
glasses in designated areas, keeping doors and aisles free and clean of trip hazards such as
wire, checking ladders before moving, not leaving test equipment or tools on rollng ladders, not
blocking doors open, providing safety straps and cones in installation areas, using electrostatic
discharge protection, and exercising good housekeeping.
.
11.19 Smoking is not allowed in Qwest buildings, Wire Centers, or other Qwest
facilities. No open flames shall be permitted anywhere within the buildings, Wire Centers or
other facilities. Failure to abide by this restriction may result in denial of access for that
individual and may constitute a violation of the access rules, subjecting CLEC employee, agent
or vendor to denial of unescorted access. Qwest shall provide written notice within five (5) Days
of CLEC violation of this provision to CLEC prior to denial of access and such notice shall
include: 1) identification of the violation of this provision and the personnel involved, 2)
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 272
Section 11
Network Security
identification of the safety regulation violated, and 3) date and location of such violation. CLEC
will have five (5) Days to remedy any such violation for which it has received notice from Owest. .
In the event that CLEC fails to remedy any such violation of which it has received notice within
such five (5) Days following receipt of such notice, CLEC shall be denied unescorted access to
the affected Premises. In the event CLEC disputes any action Owest seeks to take or has
taken pursuant to this provision, CLEC may pursue immediate resolution by expedited Dispute
Resolution.
11.20 No flammable or explosive fluids or materials are to be kept or used anywhere
within the Owest buildings or on the grounds.
11.21 No weapons of any type are allowed on Owest Premises. Vehicles on Owest
property are subject to this restriction as welL.
11.22 Except as otherwise provided in this Agreement, CLEC's employees, agents or
vendors may not make any modifications, alterations, additions or repairs to any space within
the building or on the grounds, provided, however, nothing in Section 11 shall prevent CLEC, its
employees or agents from performing modifications, alterations, additions or repairs to its own
equipment or facilities.
11.23 Owest employees may request CLEC's employees, agents or vendors to stop
any work activity that in their reasonable judgment is a jeopardy to personal safety or poses a
potential for damage to the Owest Premises, Owest equipment or Owest services within the
facility until the situation is remedied. CLEC employees may report any work activity that in their
reasonable judgment is a jeopardy to personal safety or poses a potential for damage to the
building, CLEC equipment or CLEC services within the facility, to Owest Service Assurance .
(800-713-3666) and the reported work activity wil be immediately stopped until the situation is
remedied. In the event such non-compliant activity occurs in a Owest Central Office, notification
of the non-compliant activity may be made to the Central Offce supervisor, and the Central
Office.supervisor shall immediately stop the reported work activity until the situation is remedied.
The compliant Party shall provide immediate notice of the non-compliant work activity to the
non-compliant Party and such notice shall include: 1) identification of the non-compliant work
activity, 2) identification of the safety regulation violated, and 3) date and location of safety
violation. If such non-compliant work activities pose an immediate threat to the safety of the
other Party's employees, interference with the performance of the other Party's service
obligations, or pose an immediate threat to the physical integrity of the other Party's facilties,
the compliant Party may perform such work and/or take action as is necessary to correct the
condition at the non-compliant Party's expense. In the event the non-compliant Party disputes
any action the compliant Party seeks to take or has taken pursuant to this provision, the non-
compliant Party may pursue immediate resolution by expedited Dispute Resolution. If the non-
compliant Party fails to correct any safety non-compliance within ten (10) Days of written notice
of non-compliance, or if such non-compliance cannot be corrected within ten (10) Days of
written notice of non-compliance, and if the non-compliant Party fails to take all appropriate
steps to correct as soon as reasonably possible, the compliant Party may pursue immediate
resolution by expedited Dispute Resolution.
11.24 Owest is not liable for any damage, theft or personal injury resulting from CLEC's
employees, agents or vendors parking in a Owest parking area.
11.25 CLEC's employees, agents or vendors outside the designated CLEC access
area, or without proper identification may be asked to vacate the Premises and Owest security.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 273
Section 11
Network Securit.maybe notified. Continued violations may result in termination of access privileges. Owest
shall provide immediate notice of the security violation to CLEC and such notice shall include:
1) identification of the security violation, 2) identification of the security regulation violated, and
3) date and location of security violation. CLEC wil have five (5) Days to remedy any such
alleged security violation before any termination of access privileges for such individuaL. In the
event CLEC disputes any action Owest seeks to take or has taken pursuant to this provision,
CLEC may pursue immediate resolution by expedited or other Dispute Resolution.
11.26
Centers:
Building related problems may be referred to the Owest Work Environment
800-879-3499 (CO, WY, AZ, NM)
800-201-7033 (all other Owest states)
11.27 CLEC wil submit a Owest Collocation Access Application form for individuals
needing to access Owest facilities. CLEC and Owest wil meet to review applications and
security requirements.
.
11.28 CLEC employees, agents and vendors will utilize only corridors, stairways and
elevators that provide direct access to CLEC's space or the nearest restroom facility. Such
access wil be covered in orientation meetings. Access shall not be permitted to any other
portions of the building.
11.29 CLEC wil collect identification/access cards for any employees, agents or
vendors no longer working on behalf of CLEC and forward them to Owest Security. If cards or
keys cannot be collected, CLEC wil immediately notify Owest at 800-210-8169.
11.30 CLEC wil assist Owest in validation and verification of identification of its
employees, agents and vendors by providing a telephone contact available seven (7) Days a
week, twenty-four (24) hours a Day.
11.31 Owest and CLEC employees, agents and vendors wil notify Owest Service
Assurance (800-713-3666) prior to gaining access intò a Central Office after hours, for the
purpose of disabling Central Office alarms for CLEC access. Normal business hours are 7:00
a.m. to 5:00 p.m.
11.32 CLEC wil notify Owest if CLEC has information that its employee, agent or
vendor poses a safety and/or security risk. Owest may deny access to anyone who in the
reasonable judgment of Owest threatens the safety or security of facilities or personneL.
.
11.33 CLEC will supply to Owest Security, and keep up to date, a list of its employees,
agents and vendors who require access to CLEC's space. The list will include names and
social security numbers. Names of employees, agents or vendors to be added to the list wil be
provided to Owest Security, who wil provide it to the appropriate Owest personneL.
11.34 Revenue Protection. Owest shall make available to CLEC all present and future
fraud prevention or revenue protection features. These features include, but are not limited to,
screening codes, information digits '29' and '70' which indicate prison and COCOT pay phone
originating line types respectively; call blocking of domestic, international, 800, 888, 900, NPA-
976, 700 and 500 numbers. Owest shall additionally provide partitioned access to fraud
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 274
Section 11
Network Security
prevention, detection and control functionality within pertinent Operations Support Systemswhich include but are not limited to UDB Fraud monitoring systems. .
11.34.1 Uncollectable or unbilable revenues resulting from, but not confined to,
Provisioning, maintenance, or signal network routing errors shall be the responsibility of
the Party causing such error or malicious acts, if such malicious acts could have
reasonably been avoided.
11.34.2 Uncollectible or unbilable revenues resulting from the accidental or
malicious alteration of software underlying Network Elements or their subtending
Operational Support Systems by unauthorized third parties that could have reasonably
been avoided shall be the responsibility of the Party having administrative control of
access to said Network Element or operational support system softare.
11.34.3 Qwest shall be responsible for any direct uncollectible or unbilable
revenues resulting from the unauthorized physical attachment to Loop facilities from the
Main Distribution Frame up to and including the Network Interface Device, including clip-
on fraud, if Qwest could have reasonably prevented such fraud.
11.34.4 To the extent that incremental costs are directly attributable to a revenue
protection capability requested by CLEC, those costs wil be borne by CLEC.
11.34.5 To the extent that either Party is liable to any toll provider for fraud and to
the extent that either Part could have reasonably prevented such fraud, the Party who
could have reasonably prevented such fraud must indemnify the other for any fraud due
to compromise of its network (e.g., clip-on, missing information digits, missing toll .,
restriction, etc.).
11.34.6 If Qwest becomes aware of potential fraud with respect to CLEC's
accounts, Qwest wil promptly inform CLEC and, at the direction of CLEC, take
reasonable action to mitigate the fraud where such action is possible.
11.35 Law Enforcement Interface. Qwest provides emergency assistance to 911
centers and law enforcement agencies seven (7) Days a week/twenty-four (24) hours a Day.
Assistance includes, but is not limited to, releas~ of 911 trace and subscriber information; in-
progress trace requests; establishing emergency trace equipment, release of information from
an emergency trap/trace or *57 trace; requests for emergency subscriber information;
assistance to law enforcement agencies in hostage/barricade situations, kidnappings, bomb
threats, extortion/scams, runaways and life threats.
11.36 Qwest provides trap/trace, pen register and Title III assistance directly to law
enforcement, if such assistance is directed by a court order. This service is provided during
normal business hours, Monday through Friday. Exceptions are addressed in the above
paragraph. The charges for these services wil be billed directly to the law enforcement agency,
without involvement of CLEC, for any lines served from Qwest Wire Centers or cross boxes.
11.37 In all cases involving telephone lines served from Qwest Wire Centers or cross
boxes, whether the line is a resold line or Unbundled Loop element, Qwest wil perform
trap/trace Title II and pen register assistance directly with law enforcement. CLEC wil not be
involved or notified of such actions, due to non-disclosure court order considerations, as well as
timely response duties when law enforcement agencies are involved. Exceptions to the above .
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 275
.
.
.
Section 11
Network Security
wil be those cases, as yet undetermined, where CLEC must participate due to technical
reasons wherein its circuitry must be accessed or modified to comply with law enforcement, or
for legal reasons that may evolve over time. CLEC will provide Owest with a twenty-four (24)
hours a Day, seven (7) Days a week contact for processing such requests, should they occur.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 276
Section 12
Access to Operational Support Systems (OSS)
Section 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)
12.1 Description .
12.1.1 Qwest has developed and shall continue to provide Operational Support System
(OSS) interfaces using electronic gateways and manual processes. These gateways act as a
mediation or control point between CLEC's and Qwests OSS. These gateways provide security
for the interfaces, protecting the integrity of the Qwest OSS and databases. Qwests OSS
interfaces have been developed to support Pre-ordering, Ordering and Provisioning,
Maintenance and Repair and Billing. This section describes the interfaces and manual
processes that Qwest has developed and shall provide to CLEC. Additional technical
information and details shall be provided by Qwest in training sessions and documentation and
support, such as the "Interconnect Mediated Access User's Guide." Qwest will continue to
make improvements to the electronic interfaces as technology evolves, Qwests legacy systems
improve, or CLEC needs require. Qwest shall provide notification to CLEC consistent with the
provisions of the Change Management Process (CMP) set forth in Section 12.2.6.
12.1.2 Through its electronic gateways and manual processes, Qwest shall provide
CLEC non-discriminatory access to Qwests OSS for Pre-ordering, Ordering and Provisioning,
Maintenance and Repair, and Billing functions. For those functions with a retail analogue, such
as pre-ordering and ordering and Provisioning of resold services, Qwest shall provide CLEC
access to its OSS in substantially the same time and manner as it provides to itself. For those
functions with no retail analogue, such as pre-ordering and ordering and Provisioning of
Unbundled Elements, Qwest shall provide CLEC access to Qwests OSS sufficient to allow an
efficient competitor a meaningful opportunity to compete. Qwest wil comply with the standards
for access to OSS set forth in Section 20. Qwest shall deploy the necessary systems and
personnel to provide suffcient access to each of the necessary OSS functions. Qwest shall
provide assistance for CLEC to understand how to implement and use all of the available OSS
functions. Qwest shall provide CLEC sufficient electronic and manual interfaces to allow CLEC
equivalent access to all of the necessary OSS functions. Through its web site, training,
disclosure documentation and development assistance, Qwest shall disclose to CLEC any
internal business rules and other formatting information necessary to ensure that CLEC's
requests and orders are processed efficiently. Qwest shall provide training to enable CLEC to
devise its own course work for its own employees. Through its documentation available to
CLEC, Qwest wil identify how its interface differs from national guidelines or standards. Qwest
shall provide OSS designed to accommodate both current demand and reasonably foreseeable
demand.
.
12.2 OSS Support for Pre-ordering, Ordering and Provisioning
12.2.0 Qwest wil establish interface contingency plans and disaster recovery plans for
the interfaces described in this Section. Qwest wil work cooperatively with CLECs through the
CMP to consider any suggestions made by CLECs to improve or modify such plans. CLEC-
specific requests for modifications to such plans wil be negotiated and mutually agreed upon
between Qwest and CLEC.
12.2.0.1 Ordering and Provisioning
12.2.0.1.1 Ordering and Provisioning - Qwest will provide access to ordering
and status functions. CLEC will populate the service request to identify what .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 277
Section 12
Access to Operational Support Systems (OSS).features, services, or elements it wishes Owest to provision in accordance with
Qwests published business rules.
12.2.0.1.2 Owest wil provide all Provisioning services to CLEC during the
same business hours that Owest provisions services for its End User Customers.
Owest wil provide out-of-hours Provisioning services to CLEC on a non-
discriminatory basis, as if provides such Provisioning services to itself, its End
User Customers, its Affiliates or any other Party. Owest shall disclose the
business rules regarding out-of-hours Provisioning on its wholesale web site.
12.2.0.1.3 When CLEC places a manual order, Owest wil provide CLEC with
a manual Firm Order Confirmation (FOC) notice. The confirmation notice will
follow industry-standard formats.
12.2.0.1.4 Business rules regarding rejection of Local Service Requests
(LSR) or Access Service Requests (ASR) are subject to the provisions of Section
12.2.6.
12.2.1
12.2.0.1.5 When Owest provides installation on behalf of CLEC, Owest wil
advise CLEC's End User Customer to notify CLEC immediately if the End User
Customer requests a service change at the time of installation.
Ordering Process
12.2.1.1 Local Service Requests (LSR).12.2.1.1.1 Owest shall provide electronic interface gateways for submission
of LSRs, including both an application-to-application interface and a Graphical
User Interface (GUI).
12.2.1.1.2 The interface guidelines for the application-to-applicationinterface
are based upon the Order & Billng Forum (OBF) Local Service Order Guidelines
(LSOG), and the appropriate electronic transmission standards. Exceptions to
the above guidelines/standards shall be specified in the Interconnect Mediated
Access (IMA) disclosure documents.
12.2.1.1.3 The GUI shall provide a single interface for Pre-order and Order
transactions from CLEC to Owest and is browser based. The GUI interface shall
be based on the LSOG and utilizes a WEB standard technology, Hyper Text
Markup Language (HTML), JAVA and the Transmission Control Protocol/lnternet
Protocol (TCP/IP) to transmit messages.
12.2.1.1.4 Functions Pre-ordering - Qwest wil provide real time, electronic
access to pre-order functions to support CLEC's ordering via the electronic
interfaces described herein. Owest wil make the following real time pre-order
functions available to CLEC:
.12.2.1.1.4.1 Features, services and Primary Interexchange Carrier
(PIC) options for IntraLATA toll and InterLATA toll available at a valid
service address;
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 278
Section 12
Access to Operational Support Systems (OSS)
12.2.1.1.4.2 Access to Customer Service Records (CSRs) for Qwest
retail or resale End User Customers. The information wil include Billng .
name, service address, Billng address, service and feature subscription, '
Directory Listing information, and Long Distance Carrier identity;
12.2.1.1.4.3 Telephone number request and selection;
12.2.1.1.4.4 Reservation of appointments for service installations
requiring the dispatch of a Qwest technician on a non-discriminatory
basis;
12.2.1.1.4.5 Information regarding whether dispatch is required for
service installation and available installation appointments;
12.2.1.1.4.6 Service address verification;
12.2.1.1.4.7 Facility availability, Loop qualification and Loop make-up
information, including, but not limited to, Loop length, presence of Bridged
Taps, repeaters, and loading coils;
12.2.1.1.4.8 A list of valid available CFAs for Unbundled Loops;
12.2.1.1.4.9 A list of one to five (1-5) individual Meet Points or a range
of Meet Points for shared Loops;
12.2.1.1.4.10 Design Layout Record (DLR) Query which provides the
layout for the local portion of a circuit at a particular location where .
applicable;
12.2.1.1.4.11 NC/NCI combinations supported by IMA flow-through can
be addressed;
12.2.1.1.4.12 Raw Loop Data can be validated in IMA and QORA and
retrieved by segments and sub-segments; and
12.2.1.1.4.13 Loop Qualification for ISDN and Qwest DSL services can
be performed using IMA Loop Qualification TooL.
12.2.1.1.5 When CLEC places an electronic order, Qwest wil provide
CLEC with an electronic FOC. The FOC wil follow industry-standard formats
and contain the Qwest Due Date for order completion. Upon completion of the
order, Qwest supplies two (2) completion notices: 1) service order completion
(SOC) which notifies CLEC when the service order record was completed, and 2)
Biling completion that notifies CLEC that the service order has posted. to the
Biling system.
12.2.1.1.6 When CLEC places an electronic order, Qwest wil provide
notification electronically of any instances when 1) Qwests Committed Due Date
is in jeopardy of not being met by Qwest, or 2) an order is rejected. The
standards for returning such notices are set forth in Section 20..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
QwestFourteen State Negotiations Template, December 29,2008 279
.
.
.
Section 12
Access to Operational Support Systems (OSS)
12.2.1.1.7 When CLEC places a manual order, Qwest provide notification
of any instances when 1) Qwests committed Due Date is in jeopardy of not being
met by Qwest on any service, or 2) an order is rejected. The standards for
returning such notices are set forth in Section 20.
12.2.1.1.8 Dial-Up Capabilties
12.2.1.1.8.1 Intentionally Left Blank.
12.2.1.1.8.2 Intentionally Left Blank.
12.2.1.1.8.3 When CLEC requests from Qwest more than fifty (50)
SecurlDs for use by CLEC Customer service representatives at a single
CLEC location, CLEC shall use a T1 line instead of dial-up access at that
location. If CLEC is obtaining the line from Qwest, then CLEC shall be
able to use SecurlDs until such time as Owest provisions the T1 line and
the line permits pre-order and order information to be exchanged between
Qwest and CLEC.
12.2.1.1.9 Application-to-application Facilities-based Listing Process.
Qwest shall provide an application-to-application facilties-based listing interface
to enable CLEC's listing data to be translated and passed into the Qwest listing
database. This interface is based upon OBF LSOG and the appropriate
electronic transmission standards. Qwest shall supply exceptions to these
guidelines/standards in writing in sufficient time for CLEC to adjust system
requirements.
12.2.1.2 Access Service Request (ASR)
12.2.1.2.1 Owest shall provide a computer-to-computer batch file interface,
an application-to-application interface, and a GUI interface for submission of
ASRs based upon the OBF Access Service Order Guidelines (ASOG). Qwest
shall supply exceptions to these guidelines in writing in sufficient time for CLEC
to adjust system requirements.
12.2.1.2.2 Functions Pre-ordering. Qwest wil provide real time, electronic
access to pre-order functions to support CLEC's ordering via the electronic
interfaces described in this Section. Qwest wil make the following real time pre-
order functions available to CLEC:
12.2.1.2.2.1
12.2.1.2.2.2
12.2.1.2.2.3
Service Address validation;
CFA validation;
NC-NCI validation;
12.2.1.2.2.4
12.2.1.2.2.5
12.2.1.2.3
BAN validation; and
CLLI validation.
When CLEC places an electronic or manual order,
January 13, 2010/msdllntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 280
Section 12
Access to Operational Support Systems (OSS)
Owest wil provide notification of any instances when 1) Owestscommitted Due .
Date is in jeopardy of not being met by Owest, or 2) an order is rejected. The
standards for returning such notices are set forth in Section 20.
12.2.1.2.4 When CLEC places an electronic order, Qwest wil provide
CLEC with an electronic Firm Order Confirmation notice (FOC). The FOC wil
follow industry-standard formats and contain the Owest Due Date for order
completion.
12.2.2 Maintenance and Repair
12.2.2.1 Owest shall provide electronic interface gateways, including an Electronic
Bonding interface and a GUI interface, for reviewing an End User Customer's trouble
history at a specific location, conducting testing of an End User Customer's service
where applicable, and reporting trouble to facilitate the exchange of updated information
and progress reports between Owest and CLEC while the Trouble Report (TR) is open
and a Owest technician is working on the resolution. CLEC may also report trouble
through manual processes. For designed services, the TR wil not be closed prior to
verification by CLEC that trouble is cleared.
12.2.3 Interface Availabilty
12.2.3.1 Owest shall make its OSS interfaces available to CLEC during the hours
listed in the Gateway Availability PIDs in Section 20.
12.2.3.2 Owest shall notify CLEC in a timely manner regarding system downtime .
through mass email distribution and pop-up windows as applicable.
12.2.4 Billng
12.2.4.1 For products biled out of the Owest Interexchange Access Billng System
(lABS), Owest wil utilze the existing CABS/BOS format and technology for the
transmission of bills.
12.2.4.2 For products biled out of the Owest Customer Record Information
System (CRIS), Qwest will 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
by the Telecommunications Industry Forum (TCIF) as the "811 Guidelines" specifically
for the purposes of Telecommunications Biling. Any deviance from these standards and
guidelines shall be documented and accessible to CLEC.
12.2.5 Outputs
Output information wil be provided to CLEC in the form of bils, files, and reports. Bils will
capture all regular monthly and incremental/usage charges and present them in a summarized
format. The files and reports delivered to CLEC come in the following categories:
.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 281
Section 12
Access to Operational Support Systems (OSS).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
12.2.5.1 Bils
12.2.5.1.1 CRIS Summary Bil - The CRIS Summary Bil represents a
monthly summary of charges for most wholesale products sold by Qwest. This
bil includes a total of all charges by entity plus a summary of current charges
and adjustments on each sub-account. Individual sub-accounts are provided as
Billng detail and contain monthly, one-time charges and incremental/call detail
information. The Summary Bil provides one bill and one payment document for
CLEC. These bills are segmented by state and bill cycle. The number of bills
received by CLEC is dictated by the product ordered and the Qwest region in
which CLEC is operating.
.
12.2.5.1.2 lABS Bil - The lABS Bill represents a monthly summary of
charges. This bill includes monthly and one-time charges plus a summary of any
usage charges. These bills are segmented by product, LATA, Biling account
number (BAN) and bil cycle.
12.2.5.2 Files and Reports
12.2.5.2.1 Daily Usage Record File provides the accumulated set of call
information for a given Day as captured or recorded by the network Switches.
This file wil be transmitted Monday through Friday, excluding Qwest holidays.
This information is a file of unrated Qwest originated usage messages and rated
CLEC originated usage messages. It is provided in 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. Qwest wil provide this data to CLEC with the same level of
precision and accuracy it provides itself. This file wil be provided for resale
products.
12.2.5.2.2 The charge for this Daily Usage Record File is contained in Exhibit
A of this Agreement.
.
12.2.5.2.3 Routing of in-region IntraLATA Collect, Callng Card, and Third
Number Biled Messages - Qwest will distribute in-region IntraLA TA collect,
callng card, and third number biled messages to CLEC and exchange with other
CLECs operating in region in a manner consistent with existing inter-company
processing agreements. Whenever the daily usage information is transmitted to
a Carrier, it wil contain these records for these types of calls as welL.
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 282
Section 12
Access to Operational Support Systems (OSS)
12.2.5.2.4 Loss Report provides CLEC with a daily report that contains a list
of accounts that have had lines and/or services disconnected. This may indicate .
that the End User Customer has changed CLECs or removed services from an
existing account. This report also details the order number, service name and
address, and date this change was made. Individual reports wil be provided for
resale, Unbundled Loop, and Interim Number Portability products.
12.2.5.2.5 Compietion Report provides CLEC with a daily report. This
report is used to advise CLEC that the order(s) for the service(s) requested is
complete. It details the order number, service name and address and date this
change was completed. Individual reports wil be provided for resale and
Unbundled Loop products.
12.2.5.2.6 Category 11 Records are Exchange Message Records (EMR)
which provide mechanized record formats that can be used to exchange access
usage information between Qwest and CLEC. Category 1101 series records are
used to exchange detailed access usage information.
12.2.5.2.7 Intentionally Left Blank.
12.2.5.2.8 SAG/FAM Files. The SAG (Street Address Guide)/FAM (Features
Availability Matrix) files contain the following information:
a) SAG provides Address and Serving Central Offce Information.
b) FAM provides USOCs and descriptions by state (POTS services .
only), and USOC availabilty by NPA-NXX with the exception of Centrex.
InterLATAllntraLATA Carriers by NPA-NXX.
These files are made available via a download process. They can be retrieved
by FTP (File Transfer Protocol), NDM connectivity, or a Web browser.
12.2.6 Change Management. Qwest agrees to maintain a change management
process, known as (CMP), that is consistent with or exceeds industry guidelines, standards and
practices to address Qwests OSS, products and processes. The CMP shall include, but not be
limited to, utilization of the following: (i) a forum for CLEC and Qwest to discuss CLEC and
Qwest change requests (CR), CMP notifications, systems release life cycles, and
communications; (ii) provide a forum for CLECs and Qwest to discuss and prioritize CRs, where
applicable pursuant to the CMP Document; (iii) a mechanism to track and monitor CRs and
CMP notifications; (iv) established intervals where appropriate in the process; (v) processes by
which CLEC impacts that result from changes to Qwests OSS, products or processes can be
promptly and effectively resolved; (vi) processes that are effective in maintaining the shortest
timeline practicable for the receipt, development and implementation of all eRs; (vii) sufficient
dedicated Qwest processes to address and resolve in a timely manner CRs and other issues
that come before the CMP body; (viii) processes for OSS Interface testing; (ix) information that
is clearly organized and readily accessible to CLECs, including the availability of web-based
tools; (x) documentation provided by Qwest that is effective in enabling CLECs to build an
electronic gateway; and (xi) a process for changing CMP that calls for collaboration among
CLECs and Qwest and requires agreement by the CMP participants. Pursuant to the scope and
procedures set forth in the CMP Document, Qwest wil submit to CLECs through the CMP,
among other things, modifications to existing products and technical documentation available to .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 283
.
.
.
Section 12
Access to Operational Support Systems (OSS)
CLECs, introduction of new products available to CLECs, discontinuance of products available
to CLECs, modifications to pre-ordering, ordering/provisioning, maintenance/repair or billng
processes, introduction of pre-ordering, ordering/provisioning, maintenance/repair or billing
processes, discontinuance of pre-ordering, ordering/provisioning, maintenance/repair or billng
processes, modifications to existing OSS interfaces, introduction of new OSS interfaces, and
retirement of existing OSS interfaces. Qwest wil maintain as part of CMP an escalation
process so that CMP issues can be escalated to a Qwest representative authorized to make a
final decision and a process for the timely resolution of disputes. The governing document for
CMP, known as the "Change Management Process" Document is the subject of ongoing
negotiations between Qwest and CLECs in the ongoing CMP. The CMP Document wil
continue to be changed through those discussions. The CMP Document reflects the
commitments Qwest has made regarding maintaining its CMP and Qwest commits to implement
agreements made in the CMP process as soon as practicable afterthey are made. The CMP
Document wil be subject to change through the CMP, as set forth in the CMP Document.
Qwest wil maintain the most current version of the CMP Document on its wholesale web site.
12.2.6.1 In the course of establishing operational ready system interfaces between
Qwest and CLEC to support local service delivery, CLEC and Qwest may need to define
and implement system interface specifications that are supplemental to existing
standards. CLEC and Qwest wil submit such specifications to the appropriate
standards committee and wil work towards their acceptance as standards.
12.2.6.2
12.2.6.3
Release updates wil be implemented pursuant to the CMP.
Intentionally Left Blank.
12.2.7 CLEC Responsibilties for Implementation of OSS Intenaces
12.2.7.1 Before CLEC implementation can begin, CLEC must completely and
accurately answer the New Customer Questionnaire as required in Section 3.2.
12.2.7.2 Once Qwest receives a complete and accurate New Customer
Questionnaire, Qwest and CLEC wil mutually agree upon time frames for
implementation of connectivity between CLEC and the OSS interfaces.
12.2.8 Qwest Responsibilties for On-going Support for OSS Intenaces
Qwest wil support previous application-to.application releases for six (6) months after the next
subsequent release has been deployed.
12.2.8.1
release.
Qwest will provide written notice to CLEC of the need to migrate to a new
12.2.8.2 Qwest wil provide an Implementation Coordinator to work with CLEC for
business scenario re-certification, migration and data conversion strategy definition.
12.2.8.3 Re-certification is the process by which CLEC demonstrates the abilty to
generate correct functional transactions for enhancements not previously certified.
Qwest wil provide the suite of tests for re-certification to CLEC with the issuance of the
disclosure document.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 284
Section 12
Access to Operational Support Systems (OSS)
12.2.8.4 Qwest shall provide training mechanisms for CLEC to pursue in educating
its internal personneL. Qwest shall provide training necessary for CLEC to use Qwest's .
OSS interfaces and to understand Qwest's documentation, including Qwest's business
rules.
12.2.9 CLEC Responsibilties for On-going Support for OSS Intenaces
12.2.9.1 If using the GUI interface, CLEC wil take reasonable efforts to train CLEC
personnel on the GUI functions that CLEC will be using.
12.2.9.2 An application-to-application exchange protocol will be used to transport
electronically-formatted content. CLEC must perform certification testing of exchange
protocol prior to using the application-to-application interface.
12.2.9.3 Qwest wil provide CLEC with access to a stable testing environment that
mirrors production to certify that its OSS wil be capable of interacting smoothly and
efficiently with Qwest's OSS. Qwest has established the following test processes to
assure the implementation of a solid interface between Qwest and CLEC:
12.2.9.3.1 Connectivity Testing - CLEC and Qwest will conduct
connectivity testing. This test will establish the abilty of the trading partners to
send and receive electronic messages effectively. This test verifies the
communications between the trading partners. Connectivity is established during
each phase of the implementation cycle. This test is also conducted prior to
controlled production and before going live in the production environment if
CLEC or Qwest has implemented environment changes when moving into ..
production.
12.2.9.3.2 Stand-Alone Testing Environment (SATE) regression testing:
Qwest's stand-alone testing environment wil take pre-order and order requests,
pass them to the stand-alone database, and return responses to CLEC during its
development and implementation of application-to-application interface.
Regression testing-SATE provides CLEC the opportunity to validate its technical
development efforts built via Qwest documentation without the need to schedule
test times. This testing verifies CLEC's ability to send correctly formatted
electronic transactions through the IMA system edits successfully for both new
and existing releases. SATE uses test account data supplied by Qwest. Qwest
will make additions to the test beds and test accounts as it introduces new OSS
electronic interface capabilities, including support of new products and services,
new interface features, and functionalities. All SATE pre-order queries and
orders are subjected to the same edits as production pre-order ,and order
transactions. This testing phase is optionaL.
12.2.9.3.3 SATE-progression testing: CLEC has the option of participating
with Qwest in progression testing to provide CLEC with the opportunity to
validate technical development efforts and to quantify processing results.
Progression testing provides CLEC the opportunity to validate its technical
development efforts built via Qwest documentation without the need to schedule
test times. This testing verifies CLEC's ability to send correctly formatted
electronic transactions through IMA system edits successfully for both new and
existing releases. SATE uses test account data supplied by Qwest. Qwest wil .
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 285
Section 12
Access to Operational Support Systems (OSS).make additions to the test beds and test accounts as it introduces new OSS
electronic interface capabilities, including support of new products and services,
new interface features, and functionalities. All SATE pre-order queries and
orders are subjected to the same edits as production pre-order and order
transactions. This testing phase is required.
12.2.9.3.4 Controlled Production - Owest and CLEC wil perform controlled
production. The controlled production process is designed to validate the ability
of CLEC to transmit electronic data that completely meets the appropriate
electronic transmission standards and complies with all Owest business rules.
Controlled production consists of the controlled submission of actual CLEC
production requests to the Owest production environment. Owest treats these
pre-order queries and orders as production pre-order and order transactions.
Owest and CLEC use controlled production results to determine operational
readiness. Controlled production requires the use of valid account and order
data. All certification orders are considered to be live orders and wil be
provisioned.
.
12.2.9.3.5 If CLEC is using the application-to-application interface, Owest
shall provide CLEC with a pre-allotted amount of time to complete certification of
its business scenarios. Owest wil allow CLEC a reasonably sufficient amount of
time during the day and a reasonably sufficient number of days during the week
to complete certification of its business scenarios consistent with CLEC's
business plan. It is the sole responsibilty of CLEC to schedule an appointment
with Owest for certification of its business scenarios. CLEC must make every
effort to comply with the agreed upon dates and times scheduled for the
certification of its business scenarios. If the certification of business scenarios is
delayed due to CLEC, it is the sole responsibility of CLEC to schedule new
appointments for certification of its business scenarios. Owest wil make
reasonable efforts to accommodate CLEC schedule. Conflicts in the schedule
could result in certification being delayed. If a delay is due to Owest, Owest will
honor CLEC's schedule through the use of alternative hours.
12.2.9.4 If CLEC is using the application-to-application interface, CLEC must work
with Owest to certify the business scenarios that CLEC will be using in order to ensure
successful transaction processing. Owest and CLEC shall mutually agree to the
business scenarios for which CLEC requires certification. Certification wil be granted for
the specified release of the interface. If CLEC is certifying multiple products or services,
CLEC has the option of certifying those products or services serially or in parallel where
Technically Feasible.
12.2.9.4.1 For a new softare release or upgrade, Owest wil provide
CLEC a stable testing environment that mirrors the production environment in
order for CLEC to test the new release. For softare releases and upgrades,
Owest has implemented the testing processes set forth in Sections 12.2.9.3.2,
12.2.9.3.3 and 12.2.9.3.4.
.12.2.9.5 New releases of the application-to-application interface may require re-
certification of some or all business scenarios. A determination as to the need for re-
certification will be made by the Owest coordinator in conjunction with the release
manager of each IMA release. Notice of the need for re-certification wil be provided to
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 286
Section 12
Access to Operational Support Systems (OSS)
CLEC as the new release is implemented. The suite of re-certification test scenarios wil
be provided to CLEC with the disclosure document. If CLEC is certifying multiple .
products or services, CLEC has the option of certifying those products or services
serially or in parallel, where Technically Feasible.
12.2.9.6 CLEC wil contact the Owest Implementation Coordinator to initiate the
migration process. CLEC may not need to certify to every new IMA application-to-
application release, however, CLEC must complete the re-certification and migration to
the new release within six (6) months of the deployment of the new release. CLEC wil
use reasonable efforts to provide sufficient support and personnel to ensure that issues
that arise in migrating to the new release are handled in a timely manner.
12.2.9.6.1 The following rules apply to initial development and certification
of IMA application-to-application interface versions and migration to subsequent
application-to-application interface versions:
12.2.9;6.1.1 SATE regression or SATE progression
interoperability testing must begin on the prior release before the next
release is implemented. Otherwise, CLEC wil be required to move its
implementation plan to the next release.
12.2.9.6.1.2 New 1MA' application-to-application users must be
certified and in production with at least one (1) product and one (1) order
activity type on' a prior release two (2) months after the implementation of
the next release. Otherwise, CLEC wil be required to move its
implementation plan to the next release..12.2.9.6.1.3 Any IMA application-to-application user that has
been placed into production on the prior release not later than two (2)
months after the next release implementation may continue certifying
additional products and activities until two (2) months prior to the
retirement of the release. To be placed into production, the
products/order activities must have been tested in the SATE environment
before two (2) months after the implementation of the next release.
12.2.9.7 CLEC will be expected to execute the re-certification test cases in the
stand alone test environment. CLEC will provide Purchase Order Numbers (PONs) of
the successful test cases to Owest.
12.2.9.8 In addition to the testing set forth in other sections of Section 12.2.9, upon
request by CLEC, Owest shall enter into negotiations for comprehensive production test
procedures. In the event that agreement is not reached, CLEC shall be entitled to
employ, at its choice, the Dispute Resolution procedures of this Agreement or expedited
resolution through request to the state Commission to resolve any differences. In such
cases, CLEC shall be entitled to testing that is reasonably necessary to accommodate
identified business plans or operations needs, accounting for any other testing relevant
to those plans or needs. As part of the resolution of such dispute, there shall be
considered the issue of assigning responsibilty for the costs of such testing. Absent a
finding that the test scope and activities address issues of common interest to the CLEC
community, the costs shall be assigned to CLEC requesting the test procedures..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 287
.
.
.
12.2.10
Section 12
Access to Operational Support Systems (OSS)
CLEC Support
12.2.10.1 Qwest shall provide documentation and assistance for CLEC to
understand how to implement and use all of the available OSS functions. Qwest shall
provide to CLEC in writing any internal business rules and other formatting information
necessary to ensure that CLEC's requests and orders are processed efficiently. This
assistance will include, but is not limited to, contacts to the CLEC account team, training,
documentation, and CLEC Help Desk. Qwest wil also supply CLEC with an escalation
level contact list in the event issues are not resolved via contacts to the CLEC account
team, training, documentation and CLEC Help Desk.
12.2.10.2 CLEC Help Desk
12.2.10.2.1 The CLEC Systems Help Desk wil provide a single point of
entry for CLEC to gain assistance in areas involving connectivity, system
availabilty, and file outputs. The CLEC Systems Help Desk areas are further
described below.
12.2.10.2.1.1 Connectivity covers trouble with CLEC's access to
the Qwest system for hardware configuration requirements with relevance
to application-to-application and GUJ interfaces; softare configuration
requirements with relevance to application-to-application and GUI
interfaces; modem configuration requirements, T1 configuration and dial-
in string requirements, firewall access configuration, web-services
configuration, SecurlD configuration, Profile Setup, and password
verification.
12.2.10.2.1.2 System Availability covers system errors generated
during an attempt by CLEC to place orders or open trouble reports
throughapplication-to-application and GUI interfaces. These system
errors are limited to: Resale/POTS; UNE POTS; Design Services and
Repair.
12.2.10.2.1.3 File Outputs covers CLEC's output files and reports
produced from its usage and order activity. File outputs system errors are
limited to: Daily Usage File; Loss / Completion File, lABS Bil, CRIS
Summary Bil, Category 11 Report and SAG/FAM Reports.
12.2.10.3 Additional assistance to CLEC is available through various public web
sites. These web sites provide electronic interface training information and user
documentation and technical specifications and are located on Qwests wholesale web
site. Qwest wil provide Interconnect Service Center Help Desks which wil provide a
single point of contact for CLEC to gain assistance in areas involving order submission
and manual processes.
12.2.11 Compensation/Cost Recovery
Recurring and nonrecurring OSS charges, as applicable, wil 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
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 288
Section 12
Access to Operational Support Systems (OSS)
impose such charges and/or approves applicable rates at the completion of appropriate costdocket proceedings. .
12.3 Maintenance and Repair
12.3.1 Service Levels
12.3.1.1 Qwest will provide repair and maintanance for all services covered by this
Agreement in substantially the same time and manner as that which Qwest provides for
itself, its End User Customers, its Affiliates, or any other party. Qwest shall provide
CLECrepair status information in substantially the same time and manner as Qwest
provides for its retail services.
12.3.1.2 During the term of this Agreement, Qwest will provide necessary
maintenance business process support to allow CLEC to provide similar service quality
to that provided by Qwest to itself, its End User Customers, its Affiliates, or any other
party.
12.3.1.3 Qwest wil perform repair service that is substantially the same in
timeliness and quality to that which it provides to itself, its End User Customers, its
Affiliates, or any other party. Trouble calls from CLEC shall receive response time
priority that is substantially the same as that provided to Qwest, its End User Customers,
its Affliates, or any other party and shall be handled in a nondiscriminatory manner.
12.3.2 Branding
12.3.2.1 Qwest shall use unbranded Maintenance and Repair forms while .
interfacing with CLEC End User Customers. Upon request, Qwest shall use CLEC
provided and branded Maintenance and Repair forms. Qwest may not unreasonably
interfere with branding by CLEC.
12.3.2.2 Except as specifically permitted by CLEC, in no event shall Qwest provide
information to CLEC subscribers about CLEC or CLEC product or services.
12.3.2.3 This section shall confer on Qwest no rights to the service marks,
trademarks and trade names owned by or used in connection with services offered by
CLEC or its Affiliates, except as expressly permitted by CLEC.
12.3.3 Service Interruptions
12.3.3.1 The characteristics and methods of operation of any circuits, facilities or
equipment of either Party connected with the services, facilities or equipment of the
other Party pursuant to this Agreement shall not: 1) interfere with or impair service over
any facilities of the other Party, its affliated companies, or its connecting and concurring
Carriers involved in its services; 2) cause damage to the plant of the other Part, its
affliated companies. or its connecting concurring Carriers involved in its services; 3)
violate any Applicable Law or regulation regarding the invasion of privacy of any
communications carried over the Party's facilities; or 4) create hazards to the employees
of either Party or to the public. Each of these requirements is hereinafter referred to as
an "Impairment of Service"..
January 13, 2010/msdllntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 289
Section 12
Access to Operational Support Systems (OSS).12.3.3.2 If it is confirmed that either Party is causing an Impairment of Service, as
set forth in this Section, the Party whose network or service is being impaired (the
"Impaired Party") shall promptly notify the Party causing the Impairment of Service (the
"Impairing Party") of the nature and location of the problem. The Impaired Party shall
advise the Impairing Party that, unless promptly rectified, a temporary discontinuance of
the use of any circuit, facility or equipment may be required. The Impairing Party and
the Impaired Party agree to work together to attempt to promptly resolve the Impairment
of Service. If the Impairing Party is unable to promptly remedy the Impairment of
Service, the Impaired Party may temporarily discontinue use of the affected circuit,
facilty or equipment.
12.3.3.3 To facilitate trouble reporting and to coordinate the repair of the service
provided by each Party to the other under this Agreement, each Party shall designate a
repair center for such service.
12.3.3.4 Each Party shall furnish a trouble reporting telephone number for the
designated repair center. This number shall give access to the location where records
are normally located and where current status reports on any trouble reports are readily
available. If necessary, alternative out-of-hours procedures shall be èstablished to
ensure access to a location that is staffed and has the authority to initiate corrective
action.
12.3.3.5 Before either Party reports a trouble condition, it shall use its best efforts
to isolate the trouble to the other's facilities..12.3.3.5.1 In cases where a trouble condition affects a significant portion of
the other's service, the Parties shall assign the same priority provided to CLEC
as itself, its End User Customers, its Affiliates, or any other party.
12.3.3.5.2 The Parties shall cooperate in isolating trouble conditions.
12.3.4 Trouble Isolation
12.3.4.1 CLEC is responsible for its own End User Customer base and wil have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. CLEC will perform trouble isolation on services it provides to its End User
Customers to the extent the capability to perform such trouble isolation is available to
CLEC, prior to reporting trouble to Qwest. CLEC shall have access for testing purposes
at the Demarcation Point, NID, or Point of Interface. Qwest will work cooperatively with
CLEC to resolve trouble reports when the trouble condition has been isolated and found
to be within a portion of Qwests network. Qwest and CLEC wil report trouble isolation
test results to the other. Each Party shall be responsible for the costs of performing
trouble isolation on its facilties, subjectto Sections 12.3.4.2 and 12.3.4.3.
12.3.4.2 When CLEC requests that Qwest perform trouble isolation with CLEC, a
Maintenance of Service Miscellaneous Charge or a Trouble Isolation charge applies if
the trouble is found to be on CLEC's side or on the End User Customer's side of the
Demarcation Point. If the trouble is on the End User Customets side of the Demarcation
Point, CLEC is required to perform its own maintenance..12.3.4.3 Before submitting a repair request to Qwest, CLEC wil isolate trouble to
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 290
Section 12
Access to Operational Support Systems (OSS)
the Owest network and must submit test results indicating the location of the trouble
when submitting the repair request. If a trouble ticket with test results is accepted by .
Owest, and Owest determines that the trouble is on the CLEC or the End User
Customer's side of the Loop Demarcation Point, a Maintenance of Service
Miscellaneous Charge or a Trouble Isolation Charge applies. When CLEC elects not to
perform trouble isolation and Owest performs tests at CLEC request, a Maintenance of
Service Miscellaneous Charge or a Trouble Isolation charge applies if the trouble is not
in Owests facilities, including Owests facilities leased by CLEC. When trouble is found
on Owests side of the Demarcation Point, or Point of Interface, during the investigation
of the initial or repeat trouble report for the same line or circuit within thirty (30) Days,
Maintenance of Service Miscellaneous Charges or Trouble Isolation Charges shall not
apply.
12.3.5 Inside Wire Maintenance
Except where specifically required by state or federal regulatory mandates, or as may be
provided for under Section 6 of this Agreement, Owest wil not perform any maintenance of
inside wire (premises wiring beyond the End User Customer's Demarcation Point) for CLEC or
its End User Customers.
12.3.6 Testing/Test Requests/Coordinated Testing/UNEs
12.3.6.1 Where CLEC does not have the abilty to diagnose and isolate trouble on
a Owest line, circuit, or service provided in this Agreement that CLEC is utilizing to serve
an End User Customer, Owest will conduct testing, to the extent testing capabilities are
available to Owest, to diagnose and isolate a trouble in substantially the same time and .
manner that Owest provides for itself, its End User Customers, its Affliates, or any other
party.
12.3.6.2 Prior to Owest conducting a test on a line, circuit, or service provided in
this Agreement that CLEC is utilizing to serve an End User Customer, Owest must
receive a trouble report from CLEC.
12.3.6.3 On manually reported trouble for non-designed services, Owest will
provide readily available test results to CLEC or test results to CLEC in accordance with
any applicable Commission rule for providing test results to End User Customers or
CLECs. On manually reported trouble for designed services provided in this Agreement,
Owest will provide CLEC test results upon request. For electronically reported trouble,
Owest wil provide CLEC with the ability to obtain basic test results in substantially the
same time and manner that Owest provides for itself, its End User Customers, its
Affiliates, or any other party.
12.3.6.4 CLEC shall isolate the trouble condition to Owests portion of the line,
circuit, or service provided in this Agreement before Owest accepts a trouble report for
that line, circuit or service. Once Owest accepts the trouble report from CLEC, Owest
shall process the trouble report in substantially the same time and manner as Owest
does for itself, its End User Customers, its Affliates, or any other party.
12.3.6.5 Owest shall test to ensure electrical continuity of all UNEs, including
Central Office Demarcation Point, and services it provides to CLECprior to closing atrouble report. .
January 13, 2010/msdllntrado/ID/CDS-100112~0010
Qwest Fourteen State Negotiations Template, December 29, 2008 291
Section 12
Access to Operational Support Systems (OSS).12.3.7 Work Center Intenaces
12.3.7.1 Qwest and CLEC shall work cooperatively to develop positive, close
working relationships among corresponding work centers involved in the trouble
resolution processes.
12.3.8 Misdirected Repair Calls
12.3.8.1 CLEC and Qwest wil employ the following procedures for handling
misdirected repair calls:
12.3.8.1.1 CLEC and Qwest wil provide their respective End User
Customers with the correct telephone numbers to call for access to their
respective repair bureaus.
12.3.8.1.2 End User Customers of CLEC shall be instructed to report all
cases of trouble to CLEC. End User Customers of Qwest shall be instructed to
report all cases of trouble to Qwest.
12.3.8.1.3 To the extent the correct provider can be determined,
misdirected repair calls wil be referred to the proper provider of Basic Exchange
Telecommunications Service; however, nothing in this Agreement shall be
deemed to prohibit Qwest or CLEC from discussing its products and services
with CLEC's or Qwests End User Customers who call the other Party seeking
such information..12.3.8.1.4 CLEC and Qwest will provide their respective repair contact
numbers to one another on a reciprocal basis.
12.3.8.1.5 In responding to repair calls, CLEC's End User Customers
contacting Qwest in error will be instructed to contact CLEC; and Qwests End
User Customers contacting CLEC in error wil be instructed to contact Qwest. In
responding to calls, neither Party shall make disparaging remarks about each
other. To the extent the correct provider can be determined, misdirected calls
received by either Party wil be referred to the proper provider of local Exchange
Service; however, nothing in this Agreement shall be deemed to prohibit Qwest
or CLEC from discussing its products and services with CLEC's or Qwests End
User Customers who call the other Party seeking such information.
.
12.3.9 Major Outages/Restoral/Notification
12.3.9.1 Qwest wil notify CLEC of major network outages in substantially the
same time and manner as it provides itself, its End User Customers, its Affliates, or any
other party. This notification wil be via e-mail to CLEC's identified contact. With the
minor exception of certain Proprietary Information such as Customer information, Qwest
wil utilize the same thresholds and processes for external notification as it does for
internal purposes. This major outage information wil be sent viae-mail on the same
schedule as is provided internally within Qwest. The email notification schedule shall
consist of initial report of abnormal condition and estimated restoration time/date,
abnormal condition updates, and final disposition. Service restoration wil be non-
discriminatory, and wil be accomplished as quickly as possible according to Qwest
January 13, 2010/msd/lntrado/ID/CDS-100112-0Q10
Qwest Fourteen State Negotiations Template, December 29,2006 292
Section 12
Access to Operational Support Systems (OSS)
and/or industry standards.
12.3.9.2 Owest wil meet with associated personnel from CLEC to share contact
information and review Owests outage restoral processes and notification processes.
.
12.3.9.3 Owests emergency restoration process operates on a 7X24 basis.
12.3.10 Protective Maintenance
12.3.10.1 Owest wil perform scheduled maintenance of substantially the same type
and quality to that which it provides to itself, its End User Customers, its Affliates, or any
other party.
12.3.10,2 Owest wil work cooperatively with CLEC to develop industry-wide
processes to provide as much notice as possible to CLEC of pending maintenance
activity. Owest shall provide notice of potentially CLEC Customer impacting
maintenance activity, to the extent Owest can determine such impact, and negotiate
mutually agreeable dates with CLEC in substantially the same time and manner as it
does for itself, its End User Customers, its Affiliates, or any other party.
12.3.10.3 Owest shall advise CLEC 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 CLEC and/or CLEC
End User Customers. Owest shall provide the maximum advance notice of such non-
scheduled maintenance and testing activity possible, under the circumstances; provided, .
however, that Owest shall provide emergency maintenance as promptly as possible to
maintain or restore service and shall advise CLEC promptly of any such actions it takes.
12.3.11 Hours of Coverage
12.3.11.1 Owests repair operation is seven (7) Days a week, twenty-four (24) hours
a day. Not all functions or locations are covered with scheduled employees on a 7X24
basis. Where such 7X24 coverage is not available, Owests repair operations center
(always available 7X24) can call-out technicians or other personnel required for the
identified situation.
12.3.12 Escalations
12.3.12.1 Owest wil provide trouble escalation procedures to CLEC. Such
procedures wil be substantially the same type and quality as Owest employs for itself,
its End User Customers, its Affiliates, or any other party. Owest escalations are manual
processes.
12.3.12.2 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. CLEC may request escalation to higher tiers in its sole discretion.
Escalations status is available through telephone and the electronic interfaces.
Electronic escalation is not available for non-designed products..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 293
.
.
.
Section 12
Access to Operational Support Systems (OSS)
12.3.12.3 Qwest shall handle chronic troubles on non-designed services, which are
those greater than three (3) troubles in a rollng thirty (30) Day period, pursuant to
Section 12.2.2.1.
12.3.13 Dispatch
12.3.13.1 Qwest wil provide maintenance dispatch personnel in substantially the
same time and manner as it provides for itself, its End User Customers, its Affiliates, or
any other party.
12.3.13.2 Upon the acceptance of a complete and accurate trouble report from
CLEC, Qwest will follow internal processes and industry standards, to resolve the repair
condition. Qwest wil dispatch repair personnel on occasion to repair the condition. It
will be Qwest's decision whether or not to send a technician out on a dispatch. Qwest
reserves the right to make this dispatch decision based on the best information available
to it in the trouble resolution process. It is not always necessary to dispatch to resolve
trouble; should CLEC require a dispatch when Qwest believes the dispatch is not
necessary, appropriate Miscellaneous Charges for dispatch wil be biled by Qwest to
CLEC if Qwest can demonstrate that the dispatch was in fact unnecessary to the
clearance of trouble or the trouble is identified to be caused by CLEC facilities or
equipment.
.12.3:13.3 For POTS lines and designed service circuits, Qwest is responsible for all
Maintenance and Repair of the line or circuit and wil make the determination to dispatch
to locations other than the CLEC Customer premises without prior CLEC authorization.
For dispatch to the CLEC Customer premises Qwest shall obtain prior CLEC
authorization with the exception of major outage restoration, cable rearrangements, and
MTE terminal maintenance/replacement.
12.3.14 Trouble Reporting
12.3.14.1 CLEC may submit trouble reports through the Electronic Bonding or GUI
interfaces provided by Qwest. Trouble tickets created electronically in CEMR may be
viewed at any timè after creation.
12.3.14.2 Manually reported trouble tickets may be accessed by CLEC through
electronic interfaces when the ticket has been closed. CLEC wil only be able to view
the history on the account.
12.3.15 Intervals/Parity
12.3.15.1 Similar trouble conditions, whether reported on behalf of Qwest End User
Customers or on behalf of CLEC End User Customers, wil receive commitment intervals
in substantially the same time and manner as Qwest provides for itself, its End User
Customers, its Affiliates, or any other party.
12.3.16 Jeopardy Management
12.3.16.1 Qwest wil notify CLEC, 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
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 294
Section 12
Access to Operational Support Systems (OSS)
likely to be missed. At CLEC option, notification may be sent by email or fax through the
electronic interface. CLEC may telephone Qwest repair center or use the electronic .
interfaces to obtain jeopardy status. A jeopardy, caused by either CLEC or Qwest,
endangers completing provisioning and/or installation processes and impacts meeting
the schedule due date of CLEC's service request. When CLEC's service request is in
jeopardy, Qwest notifies CLEC via a status update, email, jeopardy notification,
telephone call, and/or FOC (Firm Order Confirmation). The purpose of the jeopardy
notification is to identify jeopardy conditions to CLEC that impact meeting the scheduled
due date of CLEC's service requests.
12.3.17 Trouble Screening
12.3.17.1 CLEC shall screen and test its End User Customer trouble reports
completely enough to insure, to the extent possible, that it sends to Qwest only trouble
reports that involve Qwest facilities. For services and facilities where the capability to
test all or portions of the Qwest network service or facility rest with Qwest, Qwest wil
perform test isolation and test the service and facility on behalf of CLEC.
12.3.17.2 Intentionally Left Blank.
12.3.18 Maintenance Standards
12.3.18.1 Qwest wil cooperate with CLEC to meet the maintenance standards
outlined in this Agreement.
12.3.18.2 On manually reported trouble, Qwest wil inform CLEC of repair .
completion in substantially the same time and manner as Qwest provides to itself, its '
End User Customers, its Affiliates, or any other party. On electronically reported trouble
reports the electronic system wil automatically update status information, including
trouble completion, across the joint electronic gateway as the status changes.
12.3.19 End User Customer Interface Responsibilties
12.3.19.1 CLEC wil be responsible for all interactions with its End User Customers
including service call handling and notifying its End User Customers of trouble status
and resolution.
12.3.19.2 All Qwest employees who perform repair service for CLEC End User
Customers wil be trained in non-discriminatory behavior.
12.3.19.3 Qwest wil recognize the designated CLECIDLEC as the Customer of
Record for all services ordered by CLEC/DLEC and wil send all notices, invoices and
pertinent information directly to CLEC/DLEC. Except as otherwise specifically provided
in this Agreement, Customer of Record shall be Qwests single and sole point of contact
for all CLEC/DLEC End User Customers.
12.3.20 Repair Call Handling
12.3.20.1 Manually-reported repair calls by CLEC to Qwest wil be answered with
the same quality and speed as Qwest answers calls from its own End User Customers..
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 295
.
.
.
Section 12
Access to Operational Support Systems (OSS)
12.3.21 Single Point of Contact
12.3.21.1 Owest will provide a single point of contact for CLEC to report
maintenance issues and trouble reports seven (7) Days a week, twenty-four (24) hours a
day. A single 7X24 trouble reporting telephone number wil be provided to CLEC for
each category of trouble situation being encountered.
12.3.22 Network Information
12.3.22.1 Owest maintains an information database, available to CLEC for the
purpose of allowing CLEC to obtain information about Owests NPAs, LATAs, Access
Tandem Switches and Central Offces.
12.3.22.2 This database is known as the ICONN database, available to CLEC via
Owests web site.
12.3.22.3
database.
CPNI Information and NXX activity reports are also included in this
12.3.22.4 ICONN data is updated in substantially the same time and manner as
Owest updates the same data for itself, its End User Customers, its Affilates, or any
other party.
12.3.23 Maintenance Windows
12.3.23.1 Generally, Owest performs major Switch maintenance activities off-hours,
during certain "maintenance windows". Major Switch maintenance activities include
Switch conversions, Switch generic upgrades and Switch equipment additions.
12.3.23.2 Generally, the maintenance window is between 10:00 p.m. through 6:00
a.m. Monday through Friday, and Saturday 10:00 p.m. through Monday 6:00 a.m.,
Mountain Time. Although Owest normally does major Switch maintenance during the
above maintenance window, there will be occasions where this wil not be possible.
Owest wil provide notification of any and all maintenance activities that may impact
CLEC ordering practices such as embargoes, moratoriums, and quiet periods in
substantially the same time and manner as Owest provides this information to itself, its
End User Customers, its Affiliates, or any other party.
12.3.23.3 Intentionally Left Blank.
12.3.23.4 Planned generic upgrades to Owest Switches are included in the ICONN
database, available to CLEC via Owests web site.
12.3.24 Switch and Frame Conversion Service Order Practices
12.3.24.1 Switch Conversions. Switch conversion activity generally consists of the
removal of one Switch and its replacement with another. Generic Switch softare or
hardware upgrades, the addition of Switch line and trunk connection hardware and the
addition of capacity to a Switch do not constitute Switch conversions.
12.3.24.2 Frame Conversions. Frame conversions are generally the removal and
January 13, 201 O/msd/lntrado/l D/CDS-1 00112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 296
Section 12
Access to Operational Support Systems (OSS)
replacement of one or more frames, upon which the Switch Ports terminate.
12.3.24.3 Conversion Date. The "Conversion Date" is a Switch or frame conversion
planned day of cut-over to the replacement frame(s) or Switch. The actual conversion
time typically is set for midnight of the Conversion Date. This may cause the actual
Conversion Date to migrate into the early hours of the day after the planned Conversion
Date.
12.3.24.4 Conversion Embargoes. A Switch or frame conversion embargo is the
time period that the Switch or frame Trunk Side facility connections are frozen to
facilitate conversion from one Switch or frame to another with minimal disruption to the
End User Customer or CLEC services. During the embargo period, Qwest wil reject
orders for Trunk Side facilities (see Section 12.3.24.4.1) other than conversion orders
described in Section 12.3.24.4.3. Notwithstanding the foregoing and to the extent Qwest
provisions trunk or trunk facility related service orders for itself, its End User Customers,
its Affiliates, or any other party during embargoes, Qwest shall provide CLEC the same
capabilities.
12.3.24.4.1 ASRs for Switch or frame Trunk Side facility augments to
capacity or changes to Switch or frame Trunk Side facilties must be issued by
CLEC with a Due Date prior to or after the appropriate embargo interval as
identified in.the ICONN database. Qwest shall reject Switch or frame Trunk Side
ASRs to augment capacity or change facilities issued by CLEC or Qwest, its End
User Customers, its Affliates or any other party during the embargo period,
regardless of the order's Due Date except for conversion ASRs described in
Section 12.3.24.4.3.
12.3.24.4.2 For Switch and Trunk Side frame conversions, Qwest shall
provide CLEC with conversion trunk group service requests (TGSR) no less than
ninety (90) Days before the Conversion Date.
12.3.24.4.3 For Switch and Trunk Side frame conversions, CLEC shall issue
facility conversion ASRs to Qwest no later than thirty (30) Days before the
Conversion Date for like-for-like, where CLEC mirrors their existing circuit design
from the old Switch or frame to the new Switch or frame, and sixty (60) Days
before the Conversion Date for addition of trunk capacity or modification of circuit
characteristics (i.e., change of AMI to B8ZS).
12.3.24.5 Frame Embargo Period. During frame conversions, service orders and
ASRs shall be subject to an embargo period for services and facilities connected to the
affected frame. For conversion of trunks where CLEC mirrors their existing circuit
design from the old frame to the new frame on a like-for-like basis, such embargo period
shall extend from thirty (30) Days prior to the Conversion Date until five (5) Days after
the Conversion Date. If CLEC requests the addition of trunk capacity or modification of
circuit characteristics (i.e., change of AMI to B8ZS) to the new frame, new facility ASRs
shall be placed, and the embargo period shall extend from sixty (60) Days prior to the
Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an
embargo period, Qwest shall identify the particular dates and locations for frame
conversion embargo periods in its ICONN database in substantially the same time and
manner as Qwest notifies itself, its End User Customers, Affiliates, or any other party.
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 297
.
.
.
Section 12
Access to Operational Support Systems (OSS).12.3.24.6 Switch Embargo Period. During Switch conversions, service orders and
ASRs shall be subject to an embargo period for services and facilities ašsociated with
the Trunk Side of the Switch. For conversion of trunks where CLEC mirrors their
existing circuit design from the old Switch to the new Switch on a like-for-Iike basis, such
embargo period shall extend from thirty (30) Days prior to the Conversion Date until five
(5) Days after the Conversion Date. If CLEC requests the addition of trunk capacity or
modification of circuit characteristics to the new Switch, new facility ASRs shall be
placed, and the embargo period shall extend from sixty (60) Days prior to the
Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an
embargo period, Qwest shall identify the particular dates and locations for Switch
conversion embargo periods in its ICONN database in substantially the same time and
manner as Qwest notifies itself, its End User Customers, Affiliates, or any other party.
12.3.24.7 Switch and Frame Conversion Quiet Periods for LSRs. Switch and frame
conversion quiet periods are the time period within which LSRs may not contain Due
Dates, with the exception of LSRs that result in disconnect orders, including those
related to LNP orders, record orders, Billng change orders for non-switched products,
and emergency orders.
.
12.3.24.7.1 LSRs of any kind issued during Switch or frame conversion quiet
periods create the potential for loss of End User Customer service due to manual
operational processes caused by the Switch or frame conversion. LSRs of any
kind issued during the Switch or frame conversion quiet periods wil be handled
as set forth below, with the understanding that Qwest shall use its best efforts to
avoid the loss of End User Customer service. Such best efforts shall be
substantially the same time and manner as Qwest uses for itself, its End User
Customers, its Affliates, or any other party.
12.3.24.7.2 The quiet period for Switch conversions, where no LSRs except
those requesting order activity described in 12.3.24.7 are processed for the
affected location, extends from five (5) Days prior to conversion until two (2)
Days after the conversion and is identified in the ICONN database.
12.3.24.7.3 The quiet period for frame conversions, where no LSRs except
those requesting order activity described in 12.3.24.7 are processed or the
affected location, extends from five (5) Days prior to conversion until two (2)
Days after the conversion.
12.3.24.7.4 LSRs, except those requesting order activity described in
12.3.24.7, (i) must be issued with a Due Date prior to or after the conversion
quiet period and (ii) may not be issued during the quiet period. LSRs that do not
meet these requirements wil be rejected by Qwest.
12.3.24.7.5 LSRs requesting disconnect activity issued during the quiet
period, regardless of requested Due Date, wil be processed after the quiet
period expires.
.12.3.24.7.6 CLEC may request a Due Date change to a LNP related
disconnect scheduled during quiet periods up to 12:00 noon Mountain Time the
Day prior to the scheduled LSR Due Date. Such changes shall be requested by
issuing a supplemental LSR requesting a Due Date change. Such changes shall
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 298
Section 12
Access to Operational Support Systems (OSS)
be handled as emergency orders by Qwest.
12.3.24.7.7 CLEC may request a Due Date change to a LNP related
disconnect order scheduled during quiet periods after 12:00 noon Mountain Time
the Day prior to the scheduled LSR Due Date until 12 noon Mountain Time the
Day after the scheduled LSR Due Date. Such changes shall be requested by
issuing a supplemental LSR requesting a Due Date change and contacting the
Interconnect Service Center. Such changes shall be handled as emergency
orders by Qwest.
.
12.3.24.7.8 In the event that CLEC End User Customer service is
disconnected in error, Qwest will restore service in substantially the same time
and manner as Qwest does for itself, its End User Customers, its Affliates, or
any other party. Restoration of CLEC End User Customer service will be
handled through the LNP escalations process.
12.3.24.8 Switch Upgrades. Generic Switch software and hardware upgrades are
not subject to the Switch conversion embargoes or quiet periods described above. If
such generic Switch or software upgrades require significant activity related to
translations, an abbreviated embargo and/or quiet period may be required. Qwest shall
implement service order embargoes and/or quiet periods during Switch upgrades in
substantially the same time and manner as Qwest does for itself, its End User
Customers, its Affiliates, and any other part.
12.3.24.9 Switch Line and Trunk Hardware Additions. Qwest shall use its best
efforts to- minimize CLEC service order impacts due to hardware additions and .
modifications to Qwest's existing Switches. Qwest shall provide CLEC substantially the
same service order processing capabilities as Qwest provides itself, its End User
Customers, Affiliates, Qr any other party during such Switch hardware additions.
.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 299
.
.
.
Section 13
Access to Telephone Nunibers
Section 13.0 - ACCESS TO TELEPHONE NUMBERS
13.1 Nothing in this Agreement shall be construed in any manner to limit or otherwise
adversely impact either Party's right to request an assignment of any NANP number resources
including, but not limited to, Central Office (NXX) Codes pursuant to the Central Office Code
Assignment Guidelines published by the Industry Numbering Committee (INC) as INC 95-0407-
008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling Administration
Guidelines INC 99-0127-023, when these Guidelines are implemented by the FCC or
Commission Order. The latest version of the Guidelines wil be considered the current
standard.
13.2 North American Numbering Plan Administration (NANPA) has transitioned to
NeuStar. Both Parties agree to comply with industry guidelines and Commission rules,
including those sections requiring the accurate reporting of data to the NANPA.
13.3 It shall be the responsibility of each Party to program and update its own
Switches and network systems pursuant to the Local Exchange Routing Guide (LERG) to
recognize and route traffc to the other Party's assigned NXX or NXX-X codes. Neither Party
shall impose any fees or charges on the other Party for such activities. The Parties wil
cooperate to establish procedures to ensure the timely activation of NXX assignments in their
respective networks.
13.4 Each Party is responsible for administering numbering resources assigned to it.
Each Party will cooperate to timely rectify inaccuracies in its LERG data. Each Party wil
maintain/revise the LERG to reflect current homing arrangements, which includes subtending
arrangements for local and access tandems. Each Party is responsible for updating the LERG
data for NXX codes assigned to its End Office Switches. Each Party shall use the LERG
published by Telcordia or its successor for obtaining routing information and shall provide
through an authorized LERG input agent, all required information regarding its network for
maintaining the LERG in a timely manner.
13.5 Each Party shall be responsible for notifying its End User Customers of any
changes in numbering or dialing arrangements to include changes such as the introduction of
new NPAs.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 300
Section 14
Local Dialing Parity
Section 14.0 - LOCAL DIALING PARITY
14.1 The Parties shall provide local Dialing Parity to each other as required under
Section 251(b)(3) of the Act. Qwest wil provide local Dialing Parity to competing providers of
Telephone Exchange Service and telephone toll service, and wil permit all such providers to
have non-discriminatory access to telephone numbers, operator services, Directory Assistance,
and Directory Listings, with no unreasonable dialing delays. CLEC may elect to route all of its
End User Customers' calls in the same manner as Qwest routes its End User Customers' calls,
for a given call type (e.g., 0, 0+, 1 +, 411).
January 13, 2010/msd/lntrado/ID/CDS~100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 301
.
.
.
.
.
.
Section 15
Qwests Offcial Directory Publisher
Section 15.0 - QWEST'S OFFICIAL DIRECTORY PUBLISHER
15.1 Qwest and CLEC agree that certain issues outside the provision of basic white page
Directory Listings, such as yellow pages advertising, yellow pages Listings, directory coverage,
access to call guide pages (phone service pages), applicable Listings criteria, white page
enhancements and publication schedules will be the subject of negotiations between CLEC and
directory publishers, including Qwests Official Directory Publisher. Qwest acknowledges that
CLEC may request Qwest to facilitate discussions between CLEC and Qwests Official Directory
Publisher.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 302
Section 16
Referral Announcement
Section 16.0 . REFERRAL ANNOUNCEMENT
16.1 When an End User Customer changes from Owest to CLEC, or from CLEC to
Owest, and does not retain its original main/listed telephone number, the Party formerly
providing service to the End User Customer wil provide a transfer of service announcement on
the abandoned telephone number. Each Party will provide this referral service consistent with
its tariff. This announcement will provide details on the new number that must be dialed to
reach the End User Customer.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 303
.
.
.
Section 17
Bona Fide Request Process.Section 17.0 - BONA FIDE REQUEST PROCESS
17.1 Any request for Interconnection or access to an Unbundled Network Element or
ancilary service that is not already available as described in other sections of this Agreement,
including but not limited to Exhibit F or any other interconnection agreement, Tariff or otherwise
defined by Qwest as a product or service shall be treated as a Bona Fide Request (BFR).
Qwest shall use the BFR Process to determine the terms and timetable for providing the
requested Interconnection, access to UNEs or ancilary services, and the technical feasibility of
new/different points of Interconnection. Qwest wil administer the BFR Process in a non-
discriminatory manner.
17.2 A BFR shall be submitted in writing and on the appropriate Qwest form for BFRs.
CLEC and Qwest may work together to prepare the BFR form and either Party may request that
such coordination be handled on an expedited basis. This form shall be accompanied by the
processing fee specified in Exhibit A of this Agreement. Qwest wil refund one-half (1/2) of the
processing fee if the BFR is cancelled within ten (10) business days of the receipt of the BFR
form. The form will request, and CLEC wil need to provide, the following information, and may
also provide any additional information that may be reasonably necessary in describing and
analyzing CLEC's request:
17.2.1 a technical description of each requested Network Element or
new/different points of Interconnection or ancilary services;
.17.2.2
17.2.3
the desired interface specification;
each requested type of Interconnection or access;
17.2.4 a statement that the Interconnection or Network Element or ancilary
service wil be used to provide a Telecommunications Service;
17.2.5
17.2.6
the quantity requested; and
the specific location requested.
17.3 Within two (2) business days of its receipt, Qwest shall acknowledge receipt of the
BFR and in such acknowledgment advise CLEC of missing information, if any, necessary to
process the BFR. Thereafter, Qwest shall promptly advise CLEC of the need for any additional
information required to complete the analysis of the BFR. If requested, either orally or in writing,
Qwest wil provide weekly updates on the status of the BFR.
17.4 Within twenty-one (21) Days of its receipt of the BFR and all information
necessary to process it, Qwest shall provide to CLEC an analysis of the BFR. The analysis
shall specify Qwests conclusions as to whether or not the requested Interconnection or access
to an Unbundled Network Element complies with the unbundling requirements of the Act or
state law.
.
17.5 If Qwest determines during the twenty-one (21) Day period that a BFR does not
qualify as an Unbundled Network Element or Interconnection or ancilary service that is required
to be provided under the Act or state law, Qwest shall advise CLEC as soon as reasonably
possible of that fact, and Qwest shall promptly, but in no case later than the twenty-one (21)
Day period, provide a written report setting forth the basis for its conclusion.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 304
Section 17
Bona Fide Request Process
17.6 If Qwest determines during such twenty-one (21) Day period that the BFR
qualifies under the Act or state law, it shall notify CLEC in writing of such determination within .
ten (10) Days, but in no case later than the end of such twenty-one (21) Day period.
17.7 As soon as feasible, but in any case within forty-five (45) Days after Qwest notifies
CLEC that the BFR qualifies under the Act, Qwest shall provide to CLEC a BFR quotation. The
BFR quotation wil include, at a minimum, a description of each Interconnection, Network
Element, and ancillary service, the quantity to be provided, any interface specifications, and the
applicable rates (recurring and nonrecurring) including the separately stated developmènt costs
and construction charges of the Interconnection, Unbundled Network Element or ancilary
service and any minimum volume and term commitments required, and the timeframes the
request wil be provisioned.
17.8 CLEC has sixty (60) business days upon receipt of the BFR quotation, to either
agree to purchase under the quoted price, or cancel its BFR.
17.9 If CLEC has agreed to minimum volume and term commitments under the
preceding paragraph, CLEC may cancel the BFR or volume and term commitment at any time,
but may be subject to termination liability assessment or minimum period charges.
17.10 If either Party believes that the other Party is not requesting, negotiating or
processing any BFR in good faith, or disputes a determination or quoted price or cost, it may
invoke the Dispute Resolution provision of this Agreement.
17.11 All time intervals within which a response is required from one Party to another
under this Section are maximum time intervals. Each Party agrees that it wil provide all .
responses to the other Party as soon as the Part has the information and analysis required to
respond, even if the time interval stated herein for a response is not over.
17.12 In the event CLEC has submitted a request for Interconnection, Unbundled
Network Elements or any combinations thereof, or ancillary services and Qwest determines in
accordance with the provisions of this Section 17 that the request is Technically Feasible,
subsequent requests or orders for substantially similar types of Interconnection, Unbundled
Network Elements or combinations thereof or ancilary services by CLEC shall not be subject to
the BFR process. To the extent Qwest has deployed or denied a substantially similar
Interconnection, Unbundled Network Elements or combinations thereof or ancillary services
under a previous BFR, a subsequent BFR shall not be required and the BFR application fee
shall be refunded immediately. Qwest may only require CLEC to complete a New Product
Questionnaire before ordering such Interconnection, Unbundled Network Elements or
combinations thereof, or ancilary services. ICB pricing and intervals wil stil apply for requests
that are not yet standard offerings. For purposes of this Section 17.12, a "substantially similar"
request shall be one with substantially similar characteristics to a previous request with respect
to the information provided pursuant to Subsections 17.2.1 through 17.2.8 of Section 17.2
above. The burden of proof is upon Qwest to prove the BFR is not substantially similar to a
previous BFR.
17.13 The total cost charged to CLEC shall not exceed the BFR quoted price.
17.14 Upon request, Qwest shall provide CLEC with Qwests supporting cost data
and/or studies for the Interconnection, Unbundled Network Element or ancillary service that
CLEC wishes to order within seven (7) business days, except where Qwest cannot obtain a .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 305
.
.
.
Section 17
Bona Fide Request Process
release from its vendors within seven (7) business days, in which case Owest wil make the data
available as soon as Owest receives the vendor release. Such cost data shall be treated as
Confidential Information, if requested by Owest under the non-disclosure sections of this
Agreement.
17.15 Owest will provide notice to CLECs of all BFRs which have been deployed or
denied, provided, however, that identifying information such as the name of the requesting
CLEC and the location of the request shall be removed. Owest shall make available a topical
list of the BFRs that it has received from CLECs. The description of each item on that list shall
be sufficient to allow CLEC to understand the general nature of the product, service, or
combination thereof that has been requested and a summary of the disposition of the request as
soon as it is made. Owest shall also be required upon the request of CLEC to provide suffcient
details about the terms and conditions of any granted requests to allow CLEC to take the same
offering under substantially identical circumstances. Owest shall not be required to provide
information about the request initially made by CLEC whose BFR was granted, but must make
available the same kinds of information about what it offered in response to the BFR as it does
for other products or services available under this Agreement. CLEC shall be entitled to the
same offering terms and conditions made under any granted BFR, provided that Owest may
require the use of ICB pricing where it makes a demonstration to CLEC of the need therefore.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 306
Section 18
Audit Process
Section 18.0 - AUDIT PROCESS .18.1 Nothing in this Section 18 shall limit or expand the Audit provisions in the
Performance Assurance Plan (PAP). Nothing in the PAP shall limit or expand the Audit
provisions in this Section 18. For purposes of this section the following definitions shall apply:
18.1.1 "Audit" shall mean the comprehensive review of the books, records, and
other documents used in providing services under this Agreement. The term "Audit"
also applies to the investigation of company records, back office systems and databases
pertaining to Loop information.
18.1.2 "Examination" shall mean an inquiry into a specific element or process
related to the above. Commencing on the Effective Date of this Agreement, either Party
may perform Examinations as either Party deems necessary.
18.2 This Audit shall take place under the following conditions:
18.2.1 Either Party may request to perform an Audit or Examination.
18.2.2 The Audit or Examination shall occur upon thirty (30) business days
written notice by the requesting Party to the non-requesting Party.
18.2.3 The Audit or Examination shall occur during normal business hours.
However, such Audit will be conducted in a commercially reasonable manner and both
Parties will work to minimize disruption to the business operations of the Party being
audited..18.2.4 There shall be no more than two (2) Audits requested by each Party
under this Agreement in any twelve (12) month period. Either Party may audit the other
Party's books, records and documents more frequently than twice in any twelve (12)
month period (but no more than once in each quarter) if the immediately preceding audit
found previously uncorrected net variances, inaccuracies or errors in invoices in the
audited Party's favor with an aggregate value of at least two percent (2%) of the
amounts payable for the affected services during the period covered by the Audit.
18.2.5 The requesting Party may review the non-requesting Party's records,
books and documents, as may reasonably contain information relevant to the operation
and services ordered under this Agreement.
18.2.6 The location of the Audit or Examination shall be the location where the
requested records, books and documents are retained in the normal course of business.
18.2.7 All transactions under this Agreement which are over twenty-four (24)
months prior to the date of request wil be considered accepted and no longer subject to
Audit. In the event an audit is initiated, the Parties agree to retain records of all
transactions under this Agreement for at least twenty-four (24) months
and all subsequent transactions wil also be subject to audit.
18.2.8 Audit or Examination Expenses
18.2.8.1 Each Party shall bear its own expenses in connection with .
January 13, 201 0/msd/lntrado/ID/CDS-100112-001 0
Qwest Fourteen State Negotiations Template, December 29,2008 307
Section 18
Audit Process.conduct of the Audit or Examination. The requesting Party will pay for the
reasonable cost of special data extractions required by the Party to conduct the
Audit or Examination. For purposes of this section, a "Special Data Extraction"
means the creation of an output record or informational report (from existing data
files) that is not created in the normal course of business. If any program is
developed to the requesting Party's specification and at that Party's expense, the
requesting Party wil specify at the time of request whether the program is to be
retained by the other Party for reuse for any subsequent Audit or Examination.
18.2.8.2 Notwithstanding the foregoing, the non-requesting Party shall
pay all of the requesting Party's commercially reasonable expenses in the event
an Audit or Examination identifies a difference between the amount biled and the
amount determined by the Audit that exceeds five percent (5%) of the amount
biled and results in a refund and/or reduction in the Billng to the requesting
Party.
18.2.9 The Party requesting the Audit may request that an Audit be conducted
by a mutually agreed-to independent auditor, which agreement wil not be unreasonably
withheld or delayed by the non-requesting Party. Under this circumstance, the costs of
the independent auditor shall be paid for by the Party requesting the Audit subject to
Section 18.2.8.2.
.
18.2.10 In the event that the non-requesting Party requests that the Audit be
performed by an independent auditor, the Parties shall mutually agree to the selection of
the independent auditor. Under this circumstance, the costs of the independent auditor
shall be shared equally by the Parties. The portion of this expense borne by the
requesting Party shall be borne by the non-requesting Party if the terms of Section
18.2.8.2 are satisfied.
18.2.11 Adjustments, credits or payments wil be made and any corrective action
must commence within thirty (30) Days after the Parties' receipt of the final Audit report
to compensate for any errors and omissions which are disclosed by such Audit or
Examination and are agreed to by the Parties. The interest rate payable shall be in
accordance with Commission requirements. In the event that any of the following
circumstances occur within thirty (30) business days after completion of the Audit or
Examination, they may be resolved at either Party's election, pursuant to the Dispute
Resolution Process; (i) errors detected by the Audit or Examination have not been
corrected; (ii) adjustments, credits or payments due as a result of the Audit or
Examination have not been made, or (iii) a dispute has arisen concerning the Audit or
Examination.
18.2.12 Neither the right to examine and, Audit nor the right to receive an
adjustment wil be affected by any statement to the contrary appearing on checks or
otherwise.
.
18.2.13 This Section will survive expiration or termination of this Agreement for a
period of two (2) years after expiration or termination of the Agreement.
18.3 All information received or reviewed by the requesting Party or the independent
auditor in connection with the Audit is to be considered Proprietary Information as defined by
this Agreement in Section 5.16. The non-requesting Part reserves the right to require any non-
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 308
Section 18
Audit Process
employee who is involved directly or indirectly in any Audit or the resolution of its findings as
described above to execute a nondisclosure agreement satisfactory to the non~requesting Party. .
To the extent an Audit involves access to information of other competitors, CLEC and Qwest wil
aggregate such competitors' data before release to the other Party, to insure the protection of
the proprietary nature of information of other competitors. To the extent a competitor is an
Affiliate of the Party being audited (including itself and its subsidíaries), the Parties shall be
allowed to examine such Affiliate's disaggregated data, as required by reasonable needs of the
Audit. Information provided in an Audit or Examination may only be reviewed by individuals with
a need to know such information for purposes of this Section 18 and who are bound by the
nondisclosure obligations set forth in Section 5.16. In no case shall the Confidential Information
be shared with the Parties' retail marketing, sales or strategic planning.
18.3.1 Either Party may request an Audit of the other's compliance with this
Agreement's measures and requirements applicable to limitations on the distribution,
maintenance, and use of proprietary or other protected information that the requesting
Party has provided to the other. Those Audits shall not take place more frequently than
once in every three (3) years, unless cause is shown to support a specifically requested
Audit that would otherwise violate this frequency restriction. Examinations wil not be
permitted in connection with investigating or testing such compliance. All those other
provisions of this Section 18 that are not inconsistent herewith shall apply, except that in
the case of these Audits, the Party to be audited may also request the use of an
independent auditor.
.
.
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 309
.
.
.
Section 19
Construction Charges
Section 19.0 - CONSTRUCTION CHARGES
19.1 All rates, charges and initial service periods specified in this Agreement
contemplate the provision of network~nterconnection services and access to Unbundled Loops
or ancillary services to the extent existing facilities are available. Except for modifications to
existing facilities necessary to accommodate Interconnection and access to Unbundled Loops
or ancilary services specifically provided for in this Agreement, Qwest wil consider requests to
build additional or further facilities for network Interconnection and access to Unbundled Loops
or ancillary services, as described in the applicable section of this Agreement.
19.2 All necessary construction wil be undertaken at the discretion of Qwest,
consistent with budgetary responsibilities, consideration for the impact on the general body of
End User Customers and without discrimination among the various Carriers.
19.3 A quotation for CLEC's portion of a specific job wil be provided to CLEC. The
quotation wil be in writing and wil be binding for ninety (90) business days after the issue date.
When accepted, CLEC wil be biled the quoted price and construction wil commence after
receipt of payment. If CLEC chooses not to have Qwest construct the facilities, Qwest reserves
the right to bil CLEC for the expense incurred for producing the engineered job design.
19.4 In the event a construction charge is applicable, CLEC's service Application Date
wil become the date upon which Qwest receives the required payment.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 310
Section 20
Service Performance
Section 20.0 - SERVICE PERFORMANCE
20.1 Performance Indicator Definitions (PIDs), in their current form are included in
Exhibit B of this Agreement. Subsequent changes to these PIOs submitted to the Commission
shall be incorporated into Exhibit B as soon as they are effective either by operation of law or
Commission order, whichever occurs first and without further Amendment to this Agreement.
20.2 The Owest Performance Assurance Plan (OPAP) is attached as Exhibit K of this
Agreement. Subsequent changes to the 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.
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29,2008 311
.
.
.
.
.
.
Section 21
Network Standards
Section 21.0 - NETWORK STANDARDS
21.1 The Parties recognize that Qwest services and Network Elements have been
purchased and deployed, over time, to Telcordia and Qwest technical standards. Specification
of standards is built into the Qwestpurchasing process, whereby vendors incorporate such
standards into the equipment Qwest purchases. Qwest supplements generally held industry
standards with Qwest Technical Publications.
21.2 The Parties recognize that equipment vendors may manufacture
Telecommunications equipment that does not fully incorporate and may differ from industry
standards at varying points in time (due to standards development processes and consensus)
and either Party may have such equipment in place within its network. Except where otherwise
explicitly stated within this Agreement, such equipment is acceptable to the Parties, provided
said equipment does not pose a security, service or safety hazard to Persons or property.
21.3 Generally accepted and developed industry standards which the Parties agree to
support include, but are not limited to:'
21.3.1 Switching
GR-1428-CORE Common Channel Signaling (CCS) Network Interface
Specification Supporting Toll Free Service
GR-1432-CORE Common Channel Signaling Network Interface Specification
(CCSNIS) Supporting SCCP and TCAP
GR-317-CORE LSSGR: Switching System Generic Requirements for Call
Control Using the Integrated Services Digital Network User Part (ISDNUP)
GR-905-CORE CCSNIS Supporting Network Interconnection, Message Transfer
Part (MTP), and ISDNUP
GR-1357-CORE Switched Fractional DS1
GR-540-CORE LSSGR Tandem Supplement
GR-305-CORE
GR-1429-CORE CCSNIS Supporting Call Management Services
FR-64 LATA Switching System Generic Requirement (LSSGR)
GR-334-CORE Switched Access Service
TR-NWT -000335 Voice Grade Special Access Services
GR-529-CORE LSSGR Public Safety
GR-505-CORE Call Processing
FR-NWT-000271 Operator Services Systems Generic Requirements (OSSGR)
January 13, 2010/msd/lntrado/ID/CDS-100112-001O
Qwest Fourteen State Negotiations Template, December 29, 2008 312
Section 21
Network Standards
GR-1156-CORE OSSGR Section 21: Operator Subsystems
SR-1171 Methods and Procedures for System Reliability Analysis .
21.3.2 Transport
FR-440 Transport System Generic Requirements (TSGR)
GR-499-CORE Transport Systems Generic Requirements (TSGR): Common
Requirements
GR-820-CORE Generic Transmission Surveilance; DS1 and DS3 Performance
GR-253-CORE Synchronous Optical Network (SONET) Transport Systems:
Common Generic Criteria
GR-507-CORE LSSGR: Transmission, Section 7
TR-NWT-000776 NID for ISDN Subscriber Access
GR-342-CORE High Capacity Digital Special Access Service Transmission
Perimeter Limits and Interface Combinations
ST-TEC-000051 & 52 Telecommunications Transmission Engineering
Handbooks Volumes 1 & 2
ANSI T1.1 02-1993 Digital Hierarchy - Electrical Interface, Annex B .
21.3.3 Loops
GR-57 -CORE Functional Criteria for Digital Loop Carrier (DLC) Systems
TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital
Subscriber Lines
GR-253-CORE SONET Transport Systems: Common Generic Criteria
GR-303-CORE Integrated Digital Lóop Carrier System Generic Requirements
Objectives and Interface
TR-TSY-000008 Digital Interface Between the SLC 96 Digital Loop Carrier
System and a Local Digital Switch
TA-TSY-000120 Subscriber Premises or Network Ground Wire
GR-49-CORE Generic Requirements for Outdoor Telephone Network Interface
Devices
TR-NWT-000937 Generic Requirements for Outdoor and Indoor Building
Entrance Terminals (BETs)
TR-NWT-000133 Generic Requirements for Network Inside Wiring .
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29,2008 313
.
.
.
Section 21
Network Standards
ANSI T1.417, Spectrum Management for Loop Transmission Systems
21.3.4 Local Number Portabilty
Number Portability Generic Switching and Signaling Requirements for Number
Portability, Issue 1.00, February 12, 1996 (Editor - Lucent Technologies, Inc.);
Generic Requirements for SCP Application and GTT Function for Number
Portability, Issue 0.95, Final Draft, September 4, 1996 (Editor - Ameritech Inc.);
Generic Operator Services Switching Requirements for Number Portability, Issue
1.00, Final Draft, April 12, 1996 (Editor - Nortel);
ATIS, TRQ No.1, Technical Requirements for Number Portability Operator
Services Switching Systems, April 1999;
ATIS, TRQ No.2, Technical Requirements for Number Portability Switching
Systems, April 1999;
ATIS, TRQ No.3, Technical Requirements for Number Portabilty Database and
Global Title Translation, April 1999;
FCC First Report and Order and Further Notice of Proposed Rulemaking; FCC
96-286; CC Docket 95-116, RM 8535; Released July 2,1996;
FCC First Memorandum Opinion and Order on Reconsideration; FCC 97-74; CC
Docket 95-116, RM 8535; Released March 11, 1997.
FCC Second Report and Order, FCC 97-298; CC Docket 95-116, RM 8535;
Released August 18, 1997.
21.4 The Parties wil cooperate in the development of national standards for
Interconnection elements as the competitive environment evolves. Recognizing that there are
no current national standards for Interconnection Network Elements, Qwest has deyeloped its
own standards for some Network Elements. Details of these standards are documented in the
Qwest Technical Publications. Qwest Technical Publications have been developed to support
service offerings, inform End User Customers and suppliers, and promote engineering
consistency and deployment of developing technologies. Qwest provides all of its Technical
Publications at no charge via web site: http://ww.qwest.com/techpub/.
January 13, 2010/msd/lntrado/ID/CDS-100112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 314
I.
.
.
Section 22.0 - SIGNATURE PAGE
Section 22
Signature Page
By signing below, and in consideration of the mutual promises set forth herein, and other good
and valuable consideration, the Parties agree to abide by the terms and conditions set forth in
this Interconnection Agreement.
Intrado Communications Inc.
Craig W. Donaldson
Name PrintedfTyped
Sr. VP, Regulatory and Government Affairs
Title
~l. ~£ ;2 cJ 0
Date
Qwest Corporation
~rt::i=
Signature
L. T. Christensen
Name PrintedfTyped
Director - Wholesale Contracts
Title LPr)
Date
January 13, 201 0/msd/lntrado/lD/CDS-1 00112-0010
Qwest Fourteen State Negotiations Template, December 29, 2008 315
.
.
.
, Intrao Communiatis Inc.Exhiit AId
EAS I Locl TraffReciprol Compns
Eleion
Notes
6.0 Resale Wholesale Wholesale
Discont DiscountPerætaPeræntage
Recurrng NonreurrngChaesCharaes
6.1 Wholesale Discount Rates
6.1.1 Southern Idaho
6,1.1.1 aasic Exchanae Residntil Une Servic 18.25%18.25%a a6.1.1.2 Basic Exchanae ausine Une Service 18.25%18.25%a a6.1,1.3 InlrLATA Toll 18.25%18.25%a a6.1.1.4 Packe I Soeial Serv (e.a., Centrx, Disnted Lineeatu Pack, ISDN,18.25%18.25%a a6.1.1.5 Ustinas, CO Features & Infotion Servics 18.25%18.25%a a6.1.1.6 Private Une 18.25%18.25%a a6.1.1.7 Operator Sers I Directrv Astanc OSIDA 18.25%18.25%a a6.1.1.8 Volum Packed Serv . High Volume Custoers 6.65%6.65%a a6.1.1.9 Public Accss Une PAL) Servce 0.00%0.00%a a6.1.2 Norhern Idaho
6.1.2.1 aasic Exchnae Residntial Une Servic 19.37%19.37%a a6.1.2.2 aasic Exchanae ausiness Lin Servce I pax 19.37%19.37%a a6.1.2.3 InlrLATA Toll 19.37%19;37%a a6.1.2.4 Pacaiie I Spel Servce e.ll., Centrex, Discunte LinFeature Packiies, ISDN,19.37%19.37%a a6.1.2.5 LislnQS, CO Features & Infortin Servic 19.37%19.37%a a6.1.2.6 Priate Line 19.37%19.37%a a6.1.2.7 Operato Servs I Director Asistnce (OS/DA)19.37%19.37%a a6.1.2.8 Volume Packaed Services. High Volume Custoer 6.87%6.87%a a6.1.2.9 Public Acc Line (PAL) Serv 0.00%0.00%a a
6.2 Custome Transfer Charge (CTC)
6.2.1 CTC for POTS Serv
6.2.1.1 Manual
6.2.1.1.1 First Une $16.22 a6.2.1.1.2 Eac Adtional Une $2.27 a6.2.1.2 Mechanized
6.2.1.2.1 IFirtUne $0.63 a6.2.1.2.2 Each Additional Line $0.12 a6.2.2 CTC for Private Une TranSD Seices
6.2.2.1 I First Cirit $38.84 a6.2.2.2 IAdditonal Cirit pe Circit same CSR $33.50 a6.2.3 CTC for Advance Communictions Se, pe Circuit
$46.81 a
7.0llntennection
7.1 Entrnce Facilties
7.1.1 Iintentionallv Lef Blank
7.1.2 IDSl $103.61 $208.34 a a7.1.3 DS3 $524.42 $277.73 a a
1 7.21L1S EICT
.1 17.2.1 IPerDSl $0.00 $0.00 a a117.2.2 IPerDS3 $0.00 $0.00 a a
7.3 Dire Truked Transrt
7.3.1 Intentionally Left alank
7.3.2 DSl (Recng Fixed & pe Mile)
7.3.2.1 Over 0 to 8 Miles $37.35 $1.25 a a7.3.2.2 Ovr 8 to 25 MRes $37.35 $1.82 a a7.3.2.3 Over 25 to 50 MRes $37.35 $1.89 a a7.3.2.4 Ovr 50 MBes $37.35 $1.90 a a7,3.3 DS3 (Recurng Fixed & pe Milel
7.3.3.1 Ovr 0 to 8 Mile $257.18 $19.48 a a7.3.3.2 Ovr 8 to 25 MRes $260.49 $24.24 a a7.3.3.3 Ovr 25 ta 50 MRes $260.77 $26.3 a a7.3.3.4 Ovr 50 Miles $259.32 $26.35 a a
1 7.4lMultiplexing
1 17.4.1 IDSltoDSO $263.86 $193.30 a a117,4.2 IDS3 to DSl $30.22 $193.30 a a
1 7.5lTrunk Nonrerrng Charges
1 17.5.1 Iintentinaiv Lef Blank
12-29-08 (coa)Pag 1 of13
Intrado Comunictions Inc.Exhibit A
Idah
7,5.2 DS 1 Interface
7.5.2,1 First Trunk $229.40 B
7.5.2.2 Each Additional Trunk $5.6 B
7.5.3 DS3 Interfac
7.5.3.1 First Trunk $235.71 a
7.5.3.2 Each Additonal Trunk $11.78 a
7.6 Exchange service (EAocal) Traffc
7.6.1 End Qf Call Termination, oor Minte of Use $0.001343 11
7.6.2 Tandem Switchd TransDOrt, Der Minute of Use $0.000690 #
7.6.3 Tandm Transmision, oar Minute of Use Recurrna Fixed & oa Mite
7.6.3.1 Over 0 to 8 Miles $0.00564 $0.~~367 a a
7.6.3.2 Over 8 to 25 Mil $0.0056 $0.000367 a a
7.6.3.3 Over 25 to 50 Miles $0.0056 $0.~~367 a a
7.6.3.4 Over 50 Mil $0.0026 $0.~~144 a a
I 7.71 Locl Traffc. FCC. ISP Rate Caps
I 17.7.1 IMinute Of Use as of June 14 2003, rate in effect until fuer FCC acton $0.0007 5
7.8 Misellaneos Chares
7.8.1 Expdite Charge (US Truks)QwestsIdahoMc
Servce
Cataoa
7.8.2 Cancellati Charge (US Trunks)Qwests
Idaho AcessServ
Cataloa
7.8.3 Additonal T estin9 (US Trunks)Qwsts
Idaho AcssSerce
Catalo
7.9 Transit Trac
7.9.1 Locl & IntrLATA Toll Trans oa Minute of Us $0.00 2,13
7.9.2 IntntonallY Lef alank
7.9.3 Intenlinalv Lef Blank
7.9.4 Caterv 11 Mechanized Recrd Chara, oor Reco
7.9.4.1 Mecnized Transit Recos $0.0025 2,13
i 7.10lJointly Provided SWtched Access Services
i 7.10.1 Mechanized Acss Record $0.OO148n a .
7.11 IntrLATA Toll Traffc Qwsts Idaho Qwests Idah
Accss AccsServServ
Cataoa Catalo
8.0lCollocatlon
8.1 All Collocaion
8.1.1 Plannino and Enaina
8.1.1.1 Intenlillv Left alank
8.1.1.2 Cable Auament Quote Preoration Fee $1,284.30 a
8.1.2 En Facilitv
8.1.2.1 Stadard Shared, oor Fiber $5.44 $616.32 B a
8.1.2.2 Cro Connect oor Fiber $5.56 $722.65 a a
8.1.2.3 Exoress, oor Cable $88,19 $9,00.73 B a
8.1.3 Cable Solicna
8.1,3.1 IFiber, oer Set-Un $399.93 a
8,1,3.2 IPer Fiber Soliced $37.15 a
8.1.4 Power
8.1.4.1 Powr Plant
8.1.4.1.1 Less Tha 60 Amos. oor An Ored $10.64 a
8.1.4.1.2 Eaua To or Greter Than 60 Am. oor AmD Orred $8.42 a
8.1.4.2 PowerUsaae
8.1.4.2.1 ILes Than or Eaual To 60 Amos. Der An Orered $2.47 a
8.1.4.2.2 IGreater Than 60 Amos. oar Amo Orered or Usd $4.93 a
8.1.5 AC Power Fee
8,1.5.1 AC Power Feed, oor AmD, oor Moth
8.1.5.1.1 120V $16.09 a
8.1.5.1.2 208 V. Sile Ph $27.89 a
8.1.5.1.3 20 V Thre Ph $4.25 B
8.1.5.1.4 240 V Sinle Phas $32.19 a
8.1.5.1.5 240 V, Thre Phse $55.8 a
8.1.5.1.6 48 V Thre Phse $111.35 a
12-29.. (co)Pag 2 of 13
.
.
.
.
.
.
Intrado Commnicatins Inc.Exhibit A
Idho
8.1.5,2 AC Power Feed,oor Foot, ner Month
8.1.5,2,1 20 Amn, Sinnle Phase $0.0084 $7.43 B B8.1.5.2.2 20 Amn Three Phase $0.0105 $9.22 B B8.1,5.2.3 30 Amo Sinale Phase $0.0091 $8.02 B B8.1.5.2.4 30 Am~ Three Phase $0.0125 $11.01 B B8.1.5,2,5 40 Am~ Sinnle Phase $0.0107 $9.43 B B8.1.5.2,6 40 A.ii-; Three Phase $0.0147 $12.97 B B8.1.5.2.7 50 Ani~ Sinae Phase $0.0127 $11.18 B B8.1.5.2.8 50 Amn Three Phase $O.Oln $15.61 B B8.1.5.2.9 60 Amn Sinae Phase $0.0144 $12.84 B B8.1.5.2.10 60 Amn Thre Phase $0.0204 $17.97 B B8.1.5.2.11 100 Amn Sinnle Phase $0.0178 $15.66 B B8.1.5.2.12 100 Amn, Thre Phase $O.02n $24.44 B B8.1.6 Insoector Labo:o Half Hour
8,1.6.1 Reular Hour Rate $28.25 B8,1.6.2 After Hou Rate minimum 3 Hours $37.88 B8.1.7 Channel Renøneraion
8.1.7.1 DSl $0.00 $0.00 6 68.1.7.2 DS3 $0.00 $0.00 6 68.1.8 Collocation T enninatis
8.1,8.1 Shared Acces
8.1,8.1.1 DSO
8.1.8.1.1.1 Cable Placemet, oor 100 Pair Bloc $0.222 $20.61 B B8.1.8.1.1.2 Cable Placeen De T enninatin $0.009 $4.12 B B
8.1.8.1.1.3 Cable, nAr 100 Pair Bloc $0.330 $30.71 B B8.1.8.1.1.4 cable, .. Ternatin $0.006 S450 B B
8.1.8.1.1.5 Blo, ""r 100 Pair Bloc $0.5730 $528.2 B B8.1.8.1.1.6 Bloc, DA T enntion $0.0115 $8.62 B B8.1.8.1.1.7 Bl Placemen~ oor 100 Pai Bloc $0.2381 $219.55 B B8.1.8,1.1.8 Block Placmen~ oor T enninatn $0.008 $3.69 B B8.1.8.1.2 DS1
8.1.8.1.2.1 cable Placem~ oor 28 DSl s $0.4111 $362.14 B B8.1.8.1.2.2 Cale Plament oor T ennination $0.042 $38.94 B B8.1.8.1.2.3 cable, nAr 28 DS1 s $0.3993 $351.74 B B8.1.8.12.4 Cab nAr Termtion $0.0429 $37.82 B B8.1.8.1.2.5 Pane, a." 28 DS1s $02742 $241.59 B B8.1.8.1.2.6 Pane, nAr Terination $0.0330 $29.04 B B8.1.8.1.2.7 Panel Placmet. DA 28 DS1s $0.0847 $74.58 B B
8.1.8.1.2.8 Panel Placeme~ DA Termati $0.0091 $8.02 B B8.1.8.1.3 DS3
8.1.8.1.3.1 Cable Plme~ oer Terinatin $0.1521 $134.00 B B8.1.8.1.3.2 cable. oor Ternatio $0.2578 $227.14 B B8.1.8.1.3.3 Panel I Conne, oer T ennnatin $0.2625 $231.21 B B
8.1.8.1.3.4 Panel I Connec Placn ""r Termti $0.020 $18.01 B B8.1.8.1.4 Fibe
8.1.8.1.4.1 Terinatis. DA 12 Rber $26.24 $1513.88 B B8.1.8.1.4.2 Addital Coor, If Aralicble $0.47 $411.65 B B8.1.8.1.4.3 cabl Rackinn, Sha, oer 12 Rbe $26.47 B8.1.8.1.4.4 cable Rakinn. Deicted $1.63 $1433.96 B B8.1.9 SeeuriChames
8.1.9.1 Per Emnlovee nAr Card $0.86 B8.1.9.2 Card Accss, ""r Emnlovee nAr Centl Of $7.00 B8.1.10 Comnnil Clock I Central Ofic Svnroniztin
8.1.10.1 ISVhratio - Comrite Cloc, DA Por $7.44 B8.1.11 Intentinallv Let Blank
8.1.12 Soac Availab¡¡~ Charo $313.3 B8.1.13 Colloction Spa Reservtion Fee ChargewHI
0025% 01Norecn9
Fee8.1.14 Collotion S""ce Ontion Adinistion Fee $1107.35 B8.1.15 Colloti Rnce Onti Fee .. ~ua Foot $2.00 B8.1.16 Joit Inventorv Visit Fee, "" Visit $1610.12 128.1.17 Intentllv Let Blank
8.1.18 Intentillv Left Blank
8.1.19 Intentiliv Let Blank
8.1.20 SoUtter Collotion
8.1.20.1 TIE Cabl Recasiftion ICB 38.1.20.2 Snliler Shlf Charae $4.15 $53.72 1 18.1.20.3 Ennineeriii-;$1,079.85 B8.1.20.4 Snliler TIE Cable Conne
8.1.20.4.1 Snliller in th Con Area . Dat to 410 Bloc $3.05 $2669.07 B B8.1.20.4.2 Snliter in the Co Area . Da Di to CLEC $3.24 $2,850.97 B B8,1.20.4.3 !Witer on th IDF . Data to 410 Bl $0.95 $834.92 B B8.1.20.4.4 Snlil on the IDF . Data Di to GLEC $1.84 $1,623.47 B B8.1.20.4.5 !Wiler on th MDF . Data to 410 Bloc $0.98 $81.91 B B8.1.20.4.6 !'liter on th MDF . Data Dire to CLEC $2.18 $1,922.42 B B
12-29 (coa)Pag 3 0113
Intrdo Conictis Inc.Exhibi AId
8.1,21 Miscllaneous Charaes
8.1.21,1 Maintenance Labor, oer Half Hour (see rates in 8.2.21
8.1,21,1.1 Reoular Hours Rate $29.01 15
8.1,21.1,2 Afr Hours Rate $39.00 15
8.1.21.2 EnQineerli Labo, oa Half Hor (se rate in 8.2.5
8.1.21.2.1 IReouJar Hours Rate $32.94 15
8.1.21.2.2 IAI Hours Rate $43.31 15
8.1.21.3 Installation Labor, oar Half Hour (see rates in 8.2.61
8.1.21.3.1 ReauJar Hours Rate $31.77 15
8.1,21.3,2 Aler Hours Rate $41.32 15
8.2 Virtal Collotion
8.2.1 Plannio and Engineering
8.2.1.1 Quole Preoarati Fee $3,146.1 a.7
8.2.2 Maintenance Labor, oar Half Hour
8.2.2.1 Reoular Hours Rate $29.01 a
8.2.2.2 After Hour Rate $39.00 a
8.2.3 Trainino Labor, oar Half Hour
8.2.3.1 ReQular Hour Rate $29.01 a
8.2.4 aavSoac
8.2.4.1 EQUipment aav. per Shelf $4.17 a
8.2.4.2 Virtl Soce Conston Initial Bav Proide $20.15 $17749.07 a a
8.2.4.3 Each Aditl aay Soace $3.24 $2,85.33 a a
8.2.4.4 Viral Cable Rackina, oa Shelf $0.44 $384.59 a a
8.2.5 Enoneerino Labor, oa Half Hour
8.2.5.1 Reoular Hou Rae $32.94 a
8.2.5.2 After Hours Rate $43.31 a
8.2.6 Instllation Lab, oar Half Hour
8.2.6.1 ReQular Hours Rate $31.77 a
8.2.6.2 Aler Hour Rate $41.32 a
8.2.7 Rent
8.2.7.1 IFloor Scace Leas, oar Souar Foot $2.70 a
8.2.7.2 I Rent, per Shelf $4.05 a
8.2.8 IntetillY Left alank
8.2.9 -48 Volt DC Power Cable. oa Cable
8.2.9.1 20 Ai Power Fee $4.52 $3,985.41 a a
8.2.9.2 30 Aro Power Fee $5.15 $4 537,67 a a
8.2.9.3 40 Aro Powr Feed $6.22 $5,480.42 a a
8,2.9.4 60 ArP Powr Feed $11.02 $9706.03 a a
8.2.9.5 100 Amp Power Fee $18.58 $16,370,51 a a
8.2.9.6 200 Amp Power Fee $34.59 $30,473.53 a a
8.2.9.7 30 Aro Power Feed $5.39 $47,917.87 a a
8.2.9.8 400 Arno Power Feed $n.23 $6037,02 a a
8.3 Cageles Physical Collocion
8.3.1 Plannina and Enoineerina
8.3.1.1 Quote Preoara Fee $3146,41 a,7
8.3.2 Soace Constrction and Sie Preoartio
8.3.2.1 Sit Preoati Fee ICB 3
8.3.2.2 Soace Constrcton for 2 aavs $23.39 $20,603.40 a a
8.3.2.3 Intentionallv Left alank
8.3.2.4 Intentionallv Left Blank
8.3.2.5 Eac Additonal Bav $3.24 $2,854.33 a a
8.3.2.6 Adjustt to use a SinQle aav . ChanQe to Staard DesiQn $3.24 $2,854.33 a a
8.3.2.7 -48 Volt DC Powr Cable. oar Feed
8.3.2.7.1 20 Arno Powr Feed $4.52 $3,985.41 a a
8.3.2.7.2 30 Aro Powr Feed $5.15 $4 537.67 a a
8.3.2.7.3 40 Aro Power Fee $6.22 $5,480.42 a a
8.3.2.7.4 60 Amo Pow Feed $11.02 $9,706.03 a a
8.3.2.7.5 100 Arno Powr Feed $18.58 $16370.51 a a
8.3.2.7.6 20 Arp Powr Fee $3.59 $30,473.53 a a
8.3.2.7.7 30 Ai Power Fee $5.39 $47,917.87 a a
8.3.2.7.8 40 Arp Pow Fee $n.23 $6,037.02 a a
8.3.2.8 Intetionallv Lef alank
8.3.2.9 Cailess Ba Fee
8.3.2.9.1 I Bay, oar Bay $2042.23 1
8.3.2.9.2 12.5 Inch Spar Fee, per Soace $269.64 1
8.3.2.9.3 15 Inch Soce Fee, oar Soce $283.32 1
8.3.3 Floo Soa Lease, oa Souare Foo $2.70 a
8.4 Cag Physical Collocaton
8.4.1 P1annino an Enaineri
8.4.1.1 Quote Preoarati Fee $3,185.58 a 7
8.4,2 Soace Constrion and Site Proaration
8.4.2.1 Site Preoaratin Fee ica 3
8.4.2.2 Intetillv Lef Blank
12.29-t (coa)Page 4 of 13
.
.
.
.
.
.
Intr Communications Inc,ExhibRA
Idho
~u-8.4.2,3 Intentionall LeI! Blank
8,4,2.4 Snace Constrction
8.4.2.4.1 C;'e: Un to 100 So. Ft.$38,51 $33,927.76 B B8.4.2.4.2 Can 1 01 to 200 Sn. Ft.$34.18 $30,113.98 B B8.4.2.4,3 Caae: 201 to 30 Sn. Ft.$42.18 $37,154.11 B B8.4.2.4.4 Can 301 to 40 Sn. Ft.$4.18 $3892.82 B B8.4.2.5 Intentionallv LeI! Blank
8.4.2.6 -48 Volt OC Powr Cable, oer Feed
8.4.2.6.1 20 Am Power Feed $5.62 $4 954.85 B B8.4.2,6,2 30 AriPowr Fee $6.20 $5,457.64 B B8.4.2.6.3 40 Amo Power Fee $7.41 $6 526.00 B B8.4,2.6.4 60 AIlD Powr Feed $12.23 $10772.79 B B8.4.2.6.5 100 Amo Power Fee $19.90 $17,531.29 B B8.4.2.6.6 200 Amn Power Fee $37.04 $32,634.30 B B8.4.2.6,7 30 Amn Power Fee $58,25 $51315.56 B B8,4.2.6.8 400 Amn Power Feed $62.71 $72861.29 B B8.4.3 Soace Constrction - Fencinn CreR
8,4.3.1 Cane: Un to 100 So. Ft $10,07 $5,723.12 B B8.4.3.2 Cane: 101 to 200 Së Ft.$12.70 $7,135.89 B B8.4.3.3 Cane: 201 to 300 So. Ft.$14.47 $8,015.26 B B8.43.Caae: 301 to 40 So. Ft.$16.15 $8,851.38 B B8.4.4 Floor S""Ce Lease, ""r Sauare Foot $2.70 B8.4.5 Intentionallv Lef Blank
8.4.6 Intentinallv LeI! Blank
8.4.7 Intentionallv LeI! Blank
8.4.8 Groundinn
8.4.8.1 2 J 0 AWG, OAr Foo $0.0097 $6.52 B B8.4,8.2 1 J 0 AWG. OAr Foot $0.0170 $14.99 B B8.4.8.3 4 J 0 AWG, oer Foot $0.0200 $17.64 B B8.48.35 keril, oer Foot $0.0258 $22.77 B B8.48.5 500 kcml, oer Foot $0.0299 $26.35 B B8.4.8.6 750 kcmil, oer Foot $0.0456 $40.17 B B
8.5 Adjacent Collocn
ICB 3
8.6 Remote Collocation
8.6.1 Ph""ical & Virtl Remote Colloctin
8.6.1.1 SnAce, ner Standard Montm Unit ,$0,57 $6.47 B B8.6.1.2 FOI Terminatins, OAr 25 Pair $0.35 $484.90 B B8,6.1.3 Powr Usaoe Isee rates in 8.1.4.2\
8.6.1.3.1 Les Than or Ern..1 To 60 Ain ner Amn Orere $2.47 158.6.1.3.2 Greter Than 60 Amn.~ OAr Amn Orred or Used $4.93 158.6.1.4 Qute Proaration Fee $1,06.52 B8.6.2 Adiacent Remo Collocti ICB 38.6.3 Addinal Viral Remote Terminal Features
8.6.3.1 Flat Charae, oer Job $36.16 B8.6.3.2 Ennmerina. oer HaW Ho~$35.65 B8.6,3.3 Maintenance, oer HaW Hour $29.40 B8.6.3.4 Installation, "' HaW Hour $29.40 B8.6.3.5 Trainino, oer HaW Ho~$29.40 B
8.7 CLEC-toCLEC
8.7.1 Oesio EnO;neerinn & Insllation. No Cabes
8.7.1.1 IFibe Flat Chame $1,229.81 B8.7.1.2 I Flat Charoe $6.76 B8.7.2 Cable Rackna
8.7.2.1 050, oer Foot, oer Cable $0.11848 B8.7.2.2 DSl, oe Foo. oe Cabe $0.13075 B,8.7.2.3 0S3 ""r Foot, ..;r Cable $0.10234 B8.7.2.4 Fiber, "' Foot, OAr Fiber $0.93313 B8.7.3 Virtual Connectns lif Annicable . Conne On No Cables
8.7.3.1 050, OAr 100 Cos $194.39 B8.7.3.2 051, OAr 28 Conec $91.54 B8.7.3.3 053. OAr 1 Connecon $5.90 B8.7.3.4 Fiber Connetions. OAr Fibe Solic se ra fr 8.1.3.2\$37.15 158.7.4 Cale Hole. if Aoolicle $386.89 B8.7.5 CLEC.toCLEC Crss-Connec $201.38 B
8.8 Inteconion Disbuion Frame (ICDF) Collocaton
8.8.1 Quote Preaarati Fee lsee rate in 8.1.1.2 $1,284.30 158.8.2 050 Cirit, ii 20 Leas $17.80 $2171.94 12 128.8.3 DSl Circt. oeTwo Leos $0.91 $71.59 12 128.8.4 053 CircR, ii-Two Leos $8.91 $1182.27 12 128.8.5 Fiber Ciruit, ""r Two Leos $2.25 $238.98 12 12
12-29- (coma)Page5of13
Intra Comuniti Inc.ExhibftA
Idaho
8.9 Collocation Cancellation QPF,
Prorated Job
Gosts
8.9.1 Additinal Labot Other. De, Half Hour or frctn theref see rates in 9,20
8.9.1.1 IAdditional Labor - Basic $27,70 15
8.9.1.2 Additinal Labor - Overtime $36.98 15
8.9.1.3 Additonal Labor - Premim $46,29 15
8.9.2 Ad Oisntc, oer Reauesl see rate in 9.20)$87,98 15
I 8.10 Micro Entrnc Facilty 1GB 1GB 3 3
I 8.11 Intntionally Left Blank
8.12 Facilit Conneced IFCI Collotio
8.12.1 Qute Preoarati Fee _ R""IM 1GB 3
8.12.2 Enninerina Fee, oer Job 1GB 3
8.12.3 GOnn' Entrance Facil. oe, 100 Pair 1GB 1GB 3 3
8.12.4 Fiber Entrnce Facilil, oe, 12 Strnds (se rates in 8.1.2.1)$5.44 $616.32 15 15
8.12,5 Termnation Bloc with Gas Protectors, oe, 100 Pairs 1GB 1GB 3 3
8.12.6 Termation Panel, oe, 12 Strnds 1GB 1GB 3 3
8.12.7 OSl VoItaoe Isolatin, oer OSl 1GB 1GB 3 3
8.13 DC Power Reduction and Restorion
8.13.1 Powr Reduct
8.13.1.1 Quote Preoaraon Fee. oer Ofce $703.70 B
8.13.1.2 Powe, Reduc. wfth or without Resrvatin, oer Fee Set
8.13.1.2.1 Less Than 60 Ams $494.45 B
8.13.1.2.2 IEau To 60 Amos $706.91 B
8.13.1.2.3 IGreter Tha 60 Am $895.31 B
8.13.1.3 Powe OI. oer Fee Se oe Searv Fee $621.09 B
8.13.1.4 Pow Maintenanc Ghame Res CI). oe Fuse Set $6.59 B
8.13.1.5 Loction Ghan fr Pow Bord to BOFB 1GB 3
8.13.2 Powr Retoti
8.13.2.1 Quote Prra Fee, oa Of $703.70 B
8.13.2.2 Pow Resto, aoolie to PrirY & Serv Fee
8.13.2.2.1 Powr Restorati wi Reserv
8.13.2.2.1.1 ILes Than 60 Amos $494.45 12
8.13.2.2.1.2 IEoual To 60 Amos $706.91 12
8.13.2.2.1.3 IGreater Thn 60 Ams $895.31 12
8.13.2.2.2 Power Restoratin wit Reservtion 1GB 12
8.13.2.3 Location Ghanae fra Powe Bord to BOFB 1GB 3
8.14 Collocaion Transfer of ResDOsibllit
8.14.1 Intenonallv Left Blank
8.14.2 Asmet Fee. oa Reaue $1,036.00 B
8.14.3 Netw Svstem Adminitrti Fee, oer Reauest $158.00 B
8.14.4 Transer of Resosibilil aooie to Wireine & Wirss Locllnie Tru. UOIT $32.80 12
8.14.5 Transfer of Resnsibilit aoolies to Unbundle Lao. Sub. L . .MuCo.$32.80 12
8.15 Collocon Available Inventor
8.15.1 Staard Sftes
8.15.1.1 Removal of T enina
8.15.1.1.1 DS nA 100 Terminatis 1GB 3
8.15.1.1.2 OSl. -Terminatin 1GB 3
8.15.1.1.3 0S3. oeTerati 1GB 3
8.15.1.1.4 OGN. oer 12 Fibers 1GB 3
8.15.2 Soel Sites
8.15.2.1 Soecial Site Assment Fee $1.051.23 12
8.15.2.2 Netwrk SYStems Assessmt Fee $1.652.38 12
8.15.2.3 Sit Survev Fee $163.65 12
8.15.3 Re-bl Elements 1GB 3
8.15.4 Qute Proatin Fee (QPF)
8.15.4.1 GAteless see rate in 8.3.1.11 $3146.41 14
8.15.4.2 ICad (se rate in 8.4.1.1 $3,185.58 14
8.16 Colloon Deomisionino (see ra in 9.20)
8.16.1 Additnal La other, oer Half Hour or fr thereof
8.16.1.1 Addonal Labor Otr - Basi $27.70 15
8.16.1.2 Addital La Otr - Ovrtme $36.98 15
8.16.1.3 Additional Labo Otr - Prem $46.29 15
8.16.2 IAdnal Oisoatch. oer Orr $87.98 15
I 8.171Joint Tesing
I 8.17.1 Set-Uo Fee (see rate in 8.2.2.1 wi a one hor minimuml $58.02 15
I 8.17.2 Test Tom Fee, oa Half Hour se rate in 8.2.2.11 $29.01 15
12-29- (coa)Page 6 of 13
.
.
.
Intrdo Comunictions Inc.ExhibRA
Idah.
~~ 'l "-. Unbundled Network Elements (UNEs)
9.1 Interconnection Tie Pairs (ITP) - Per T errination
9,1.1 DSO $0.38 B9.1.2 DS1
$1.24 B9.1.3 DS3 $14.76 B
9.2 Unbundled Loops
9.2.1 Analoo Loo s
Se 9.2.4 9.2.1.1 2-Wire Voice Grade Loo
9,2.1.1.1 Zone 1 $15.65 ##9.2.1.1.2 IZone2 $23.76 ##9,2.1.1.3 IZone 3 $40.50 ##9.2.1.2 IntentionallV Left Blank
9.2.1.3 4-Wire Voice Grae Loo
9.2.1.3.1 IZone 1 $30.70 ##9.2.1.3.2 IZone2 $46.3 ##9.2.1.3.3 IZone3 $79.47 ##9.2.2 Nonloadd Loons
See 9.2.4 9.2.2.1 2-Wire Nonloaded Loon
9,2.2.1.1 Zone 1 $15.65 ##9.2,2.1.2 Zoe 2 $23.76 ##9.2.2.1.3 Zone 3 $4.50 ##9,2.2.2 Intentionallv Left Blank
9.2.2.3 4-Wir Nonloaded Looo ,9.2.2.3.1 IZone 1 $30.70 ##9.2.2.3,2 IZone2 $46.3 ##9.2,2.3.3 IZone3 $79.47 ##9.2.2.4 Looo Unloaino $9.00 A,89,2.2.5 Looo Conditino $2.00 A 89.2.3 Dioital Caoable Looos
9.2,3.1 Basic Rate ISDN I xDSL-1 Caoable
See 92.4 9.2.3.1,1 IZone 1 $15.65 ##9.2.3.1.2 IZone2 $23.76 ##9,2.3,1,3 IZone 3 $40.50 ##9.2,3.2 Intentionaliv Left Blank
9.2.3.3 DS 1 Ca""ble LooD
See 9.2.5 9.2.3.3.1 Zoe 1 $86.8 ##9.2.3.3.2 Zone 2 $86.46 ##9.2.3.3.3 Zone 3 $99,96 ##9.2.3,4 DS3 Caoable Loo See 9.2.6 9.2,3.4.1 Zone 1 $941,95 ##9,2.3,4.2 Zone 2 $95.04 ##9.2.3.4.3 IZone3 $1264.56 ##9.2.3.5 Intentionallv Left Blank
9.2.3.6 2-Wire Extension T echnoloov $2.00 A9.2.4 Loop Installatin Charges for 2 & 4-Wire Analog I Nonloaded, ISDN BRI Capable and xDSL _ I
See 9.2.1 &CaoabJ Ln:i whre condonino is not reouired.9.229.2.4.1 Basic Instllation
9.2.4.1.1 I First
$11.03 A9.2.4.1.2 Each Additonal $6.07 A9.2.4.2 Basi Installation wRh Performnc T estino
9.2.4.2.1 IFirst $17.72 A9.2.4.2.2 I Each Additional $8.99 A9.2.4.3 Coinated Installation with Coooeratie T estno I Pr' ect Coointe Installati
9.2.4,3.1 I First $171.87 #9.2.4.3.2 lEach Additiona
$94.09 #9.2.4.4 Coordinated Installati wiut CooDerative T estin I Proiec Cordinated Installati
9.2.4.4.1 First $59.81 #9.2.4.4.2 Each Addital $5.32 #9.2.4.5 Basi Installation wRh Cooerative T eso
9.2.4.5.1 I First $142.10 #9.2.4.5.2 i Eac Additional $94.09 #9.2.5 DSl Loo Installation Charoes
Se 9.2.3.3 9.2.5.1 Basic Instllation
9.2.5.1.1 IFirst $128.71 B9.2.5.1,2 I Each Additional S9.73 B9.2.5.2 Baic Instllatio wRh Performance T estin
9.2.5.2.1 IFirst $279.37 B9.2.5.2.2 lEach Additona $212.57 B9.2.5.3 Coordinated Installation wi Cnoratie T estin I Prnec Cointe Instllti
9.2.5.3.1 First $316.94 B9.2.5.3.2 Each Additial $222.40 B9.2.5.4 Cordinated Insallation withut Coli T estino I Proect Coonat Installat
9.2,5.4.1 First $135.78 B9.2.5.4,2 I Each Additional $106.79 B9.2.5,5 Basi Instllation wit Cooetive T estin
12-29-8 (co)Pag 7 of 13
.
.
Intrado Communicti Inc.ExiblA
Idah
19,2.5.5,2 1 Each Additional $195.68 B
9.2.6 DS3 LOOD Installation Chames see 9.2.3.4
9.2.6,1 Basic Installation
9.2.6.1,1 Rrst $128.71 B
9.2.6.1.2 Each Aditnal $99.73 B
9.2.6,2 Basi Installati wi Perfanc T esna
9.2.6.2.1 Rrst $279.37 B
9.2.6.2.2 Each Adtil $212.57 B
9.2.6.3 Cordinated Instllatin with Coooerative T esino I Proec Coote InstaUation
9.2.6.3.1 Rrst $316.94 B
9.2.6.3.2 Each Additional $222.40 B
9.2.6,4 Cordinated Instlatin without Coooetive Testino I Pm'ee Cooinated Installatin
9.2.6.4.1 Rrst $135.78 B
9.2.6.4.2 lEach Additional $106.79 B
9.2.6.5 Basi Installation wit Coooeratie Teslio
9.2.6.5.1 IFirst $272.24 B
9.2.6,5.2 lEach Additional $195.8 B
9.2.7 Intentionallv Lef Blank
9.2.8 Prite Line I Soecial Ac to Unbunded Looo Covers (as is $34.50 B
9.3 Subloo
9.3.1 2-WireAnal and Nonloaded Disbibu Loo
9.3.1.1 Firs $107.92 1
9.3.1.2 Each Adital $29.62 1
9.3.1.3 First & Each Addonal 2-Wire Distribuon Loo
9.3.1.3.1 Zone 1 $11.00 ##
9.3.1.3.2 Zone 2 $16.70 ##
9.3.1.3.3 IZone 3 $27.57 1
9.3,2 Intentionalh Left Blank
9,3,3 Intra-Buildin Cable Loop, per Pair $0.70 1
9.3.3.1 NO Disoatch, First $51.97 1
9.3.3,2 No Disoatch, Eac Additinal $21.32 1
9.3.3,3 Disoatch, Fir $9.14 1
9.3.3.4 Disoatch, Eah Addital $31.62 1
9.3.4 Intentionallv Left Blank
9.3.5 MTE Terminal Subloop Acc
9.3.5.1 ISubloop MTE - POI Site Inventorv, oer Reaue $110.46 .1
9.3.5.2 IMTE - POI Rearrnament of Faciliti ICB 3
9.3.5.3 MTE - POI Constrcton of New SPOI ICB 3
9.3.6 Intentiallv Left Blank
9.3.7 Field Conne Point FCP)
9.3.7.1 Feasibilil Fee I Quote Preoaration Fee $1,197.07 1
9.3.7.2 FCP set-UD, oer Reaest $3291.11 12
9.3.7.3 FCP Solicina. oe 25 Pairs $13.88 12
9.3.7.4 FCP Reclassiftin $463.26 1
9.4 Share services
9.4.1 Intentionallv Left Blank
9.4.2 Line Splitna
9.4.2.1 IBasic Installation Chame for Une SPlittno $33.79 1
9.4.3 Looo Solilina
9.4.3.1 Basic Installation Charoe fo Loop Splitna $33.79 1
9.4.4 OSS, oer Lin, oer Month $3.23 1
I 9.5lNelWor Intrfce Device (NID $0.51 $52.76 A,10 B
9.6 Unbundled Deicated Interffce TrallDOrt (UOln
9.6.1 DSOUDIT Recurrno Fixed & oer Mile)$241.74 B
9.6.1.1 Ovr 0 to 8 MHes $24.67 $0.29 B B
9.6.1.2 Over 8 to 25 MHes $24.69 $0.23 B B
9.6.1.3 Over 25 to 50 MHes $24.86 $0.15 B B
9.6.1.4 Ov 50 Mile $24.69 $0.05 B B
9.6.2 DS1 UDlT(Recuno Fixed & oe Mile)$284.52 B
9.6.2.1 Ovr 0 to 8 Mile $36.3 $3.20 B B
9.6.2.2 Over 8 to 25 Miles $37.26 $3.19 B B
9.6.2.3 Over 25 to 50 MHe $39.12 $1.81 B B
9.6.2.4 Over 50 Miles $37.77 $0.78 B B
9.6.3 DS3UDIT Rec Fixed & oer Mile)$284.52 B
9.6.3.1 Over 0 to 8 Miles $238.61 $54.07 B B
9.6.3.2 Over 8 to 25 Mils $242.03 $16.78 B B
9.6.3,3 Over 25 to 50 Miles $223.90 $21.34 B B
9.6.3.4 Over 50 Mile $235.84 $14.83 B B
9.6.4 Intentinallv Left Blank
9.6.5 Intntionallv Left Blank
9.6.6 Intntionallv Left Blank
9.6.7 UDIT DSO Channel Perce
12-29- (coma)Pag8of13
.
.
.
Intrado Communicati Inc.Exhibit A
Idaho.
.
9,6.8 Intentionallv Left Blank
9.6.9 Intentionallv Left Blank
9.6.10 Intentinallv Left Blank
9.6.11 UDIT Rearrnaement
9.6.11.1 DSO, Sinale Ofce $164.40 B9.6.11.2 DSO, Dual Ofic $206.79 B9.6.11.3 Hiah Caoacitv, Sinale Ofce $221.94 B9,6.11.4 Hiah Caoaci. Dual Ofce $249.30 B9.6.12 Póvate Une I Soeal Accss to UDIT Convimion as is I $131.19 12
9.7 Unbundled Dark Fiber (UDF)
9.7.1 Inital Recrds Inauir IIRIl
9.7.1.1 Simole $196.02 B9.7.1.2 ComDlex $251.0 B9.7.2 Field Veófication and Quote Preratin (FVQP $907.28 B9.7.3 Enoineeóno Vencation $297.03 B9.7.4 UDF - Sinale Strand
9.7.4.1 UDF - Interoffce Facilitv (UDF-IOF - Sinle Strnd
9.7.4.1.1 Ordr Chara, Dar First Strnd I Route I Or $492.60 B9.7.4.1.2 Ordr Chame Each Aditinal Strnd I Roue I Ordr $255.66 B9.7.4.1.3 Fiber Transo, Dar Strnd I MOe $5.87 99.7.4.1.4 Tertion, Fixed, Dar Strnd I Ofce I Terminan $4.80 B9.7.4.1.5 Fibr Cros-Connect Minimum of 2 Crs-Conneet aootvl. oe $2.39 $19.38 B B9.7.5 UDF - oar Pair
9.7,5.1 UDF - Interce Facilil IUDF-IOF - oar Pair
9.7.5.1.1 Orr Chame, oar First Pair I Roue I Order $492.60 B9.7.5.1.2 Ordr Chame, Each Additl Pair I Roue I Ord $255.66 B9.7.5.1,3 Fiber Traoort, Dar Pair I Mile $66.15 B9,7.5.1.4 Terination, Fixed, oer Pair I Of I Tertin $7.31 B9.7.5.1.5 Fiber Cross-onnect Minimum of 2 Cros-onnet aoolvl, Dar Pair $4.43 $19.38 B B9.7.6 Dark Fiber Solice $602.60 B9.7.7 UDF MTE Sublooo ICB ICB 3 3
9.8 Intetionally Left Blank
I 9.9 Intenally Left Blank
I 9.10 Intentionally Lef Blank
I 9.11l1nteionally Left Blank
9.12l1ntentionally Left Blank
9.1311ntally Left Blank
9.14l1ntentionally Left Blank
9.15/lntenally Left Blank
9.16l1ntentionally Lef Blank
i 9.1711nteiolly Left Blank
i 9.18l1ntentionally Lef Blank
9.19 Contructon Charges
9.19.1 CLEC Reaueste UNE Constnction (CRUNEC - aoolies to Unbunded Dark Fibr, Unbunled
9.19.1.1 i Recs Quote Preoarati Fee $37.46 129.19.1.2 IConstncton Quote Praration Fee $86.43 129.19.2 Constction of Netw Caoacit, Facilities or Soace for Ac to or use of UNEs ICB ICB 3 3
9.20 Miscellaneous Charges
9.20.1 Adtioal Enainóna, oar Half Hour or frctin Ulereo
9.20.1.1 IAdditil Enoineeóno - Baic $31.74 B9.20.1.2 !Additonal Eoo ineenno - Overtme $39.61 B9.20.2 Additioal Labo Installation, OA Half Hour or fratin Ulere
9.20.2.1 IAdonal Labor Installation - Overe $9.02 B9.20.2.2 IAdditl Labr Installation - Premium $18.05 B9.20.3 Additinal Labo Oter. oa Half Hour or fron threof
9.20.3.1 Additonal Lab OUler - IOotil Testino) Basi $27.70 B9.20.3.2 Additonl Labo Oter - lOotional Testing) Over $36.98 B9.20.3.3 Add Labor Oter - lOotiona Teslil Premium $46.29 B9.20.4 Intentonallv Lef Bla
9.20.5 Intentiallv Left Blank
9.20.6 Aditional Cooratie Accotanc T estina. oar Half Ho or frctn Ulere.12-2908 (co)Pag 9 of 13
Intrdo Communicatins Inc.ExhibftA
Idaho
9,20.6,2 IAdditional Cooralie Accotanæ Testino - Overtme $39.28 B
9.20.6,3 IAdditonal Coooarative Accotanæ T estina - Premium $49.16 B
9.20.7 Nonscheduled Coo""rative Testi. oar Half Hour or fraction lhe
9,20.7.1 Nonsceduled Coooaralie T estino - Basic $29.40 B
9,20.7.2 Nonscheduled COnnra!i T estino - Overtme $39.28 B
9.20.7.3 Nonscheduled Caonralive Testinc - Premium $49.09 B
9.20.8 Noneduled Manual T eslino, oer Half Hour or frctian the
9.20.8.1 Nonsceduled Maual Teslinn - Basic $29.40 B
9.20.8.2 Nonscled Manu Testi - Overtme $39.28 B
9.20,8.3 Nonscdued Manual Testina - Premi $49.16 B
9.20.9 Inlentiall Left Blank
9.20.10 Intentall Left Blank
9.20.11 Additonal Oisolc, oar Orer $87.98 B
9.20,12 Intentiallv Left Blank
9.20,13 Oesian Chance, oer Orr $73.99 B
9.20.14 Exoedlle Char. oar Oav Adance see rates in Owsl s Tari FCC NO.1 Seon 5'$200.00 11
9.20.15 Cancllation Charn ICB 3
9,20.16 Mainlenanæ of Serviæ, oar Half Hour or fraion Iher
9.20.16.1 Mainlenanc of Servic - Basic $28,6 B
9.20.16.2 Maintenanæ of Servic - Overtme $36.98 B
9.20.16.3 Mainlenanæ of Serv - Premium $46.29 B
9.20.17 Inlenlionallv Left Blank
I 9.211Channel Reaeneration
I 19.21.1 OS1 $0.00 $0.00 6 6
1 19.21.2 IOS3 $0.00 $0.00 6 6
I 9.22llntentionallv Left Blank
9.23 UNE Combinations
9.23.1 Intentonallv Lef Blank
9.23.2 Enhance Exende Looo (EELI
9.23.2.1 EEL Looo, OSO 2-Wire Analoo
9.23.2.1.1 EEL 2-Wìr Loo Instllation
9.23.2.1.1.1 Firs $245.11 1
9.23.2.1.1.2 Eac Aditonl $182.97 1
9.23.2.1.2 2-Wire Analo L)( (se rates in 9.2.1.11
9.23.2.1.2.1 Zone 1 $15.65 15
9.23.2.1.2.2 Zone 2 $23.76 15
9.23.2.1.2.3 Zone 3 $4.50 15
9.23.2.2 EEL Loo, OSO 4-Wire Analoa
9,23.2.2.1 EEL 4-Wire Looo Installati
9.23.2.2.1.1 I First $245.11 1
9.23.2.2.1.2 I Each Additl $182.97 1
9.23.2.2.2 4-Wire Analoa Loo (see rate in 9.2.1.3)
9.23.2.2.2.1 IZone 1 $30.70 15
9.23.2.2.2.2 IZon 2 $46.63 15
9.23.2.2.2.3 IZon3 $79.47 15
9.23.2.3 EEL Looo, OS1
9.23.2.3.1 EEL DSl Loo Instaati
9.23.2.3.1.1 Fir $30.49 1
9.23.2.3.1.2 Each Adital $225.39 1
9.23.2.3.2 OSl Caoable L "' (see rates in 9.2.3.31
9.23.2.3.2.1 Zone 1 $8.48 15
9.23.2.3.2.2 Zone 2 $86.6 15
9.23.2.3.2.3 Zone 3 $99.96 15
9.23.2.4 EEL Loa. DS3
9.23.2.4,1 EEL OS3 Loo Installatin
9.23.2.4.1.1 IFirsl $323.61 1
9.23.2.4.1.2 lEach Aditina $248,51 1
9.23.2.4.2 DS Caoable Loa (se rales in 9.2.3.41
9.23.2.4.2.1 IZone 1 $941.95 15
9.23.2.4.2.2 IZone2 $955.04 15
9.23.2,4.2.3 IZon 3 $1264.56 15
9,23.2.5 Priale Line I Soel Accs 10 EEL Canversio (as is $34.50 B.9.23.2,6 EEL Rearrnaemel
9.23.2.6.1 10SO $130.83 12
9.23.2.6.2 IHiaCarutv $148.50 12
9.23.2.7 EEL Transoor
9.23.2.7.1 OSO (Recurrna Fixed & oa Miel (se rate in 9.6.1)
9.23.2.7.1.1 Ov 0 to 8 Miles $24.67 $0.29 15 15
9.23.2.7.1.2 Over 8 to 25 Miles $24.69 $0.23 15 15
9.23.2.7.1,3 Ovr 2510 50 Miles $24.86 $0.15 15 15
9.23.2.7.1.4 Ov 50 Miles $24.69 $0.05 15 15
9.23.2.7.2 OS1 (Reeurrnn Fixed & oe Mil lse raes in 9.6.21
9.23.2.7.2.1 lOver 0 10 8 Mile $36.3 $3.20 15 15
12-298 (coma)Page 10of13
.
.
.
Intr Comunic Inc.Exhibit A
Idah.
,9.23.2.7.2,2 Over 8 to 25 Miles $37.26 $3.19 15 159.23.2.7.2.3 lOver 25 to 50 Miles $39.12 $1.81 15 159,23.2.7.2.4 lOver 50 Miles $37.77 $0.78 15 159.23.2.7,3 DS3 RecrrnQ Fixed & Der Mile se ras in 9.6.3\
9.23.2.7.3.1 Over 0 10 8 Miles $238.61 $5.07 15 159.23.2.7,3.2 Over 8 to 25 Mile $242.03 $16.78 15 159.23.2.7.3.3 Over 25 10 50 Miles $223.90 $21.34 15 159.23.2.7,3.4 Over 50 Miles $235.64 $14.83 15 159.23.2.8 EEL Muitiplexi
9.23.2.8.1 DSl toDSO $263.86 $246.92 B 19.23.2.8.2 DS310 DS1 $30.22 $246.92 B 19.23.2.9 EEL DSO Channel Peñormance
9.23.2.9.1 050 Low Side Channelzation $13.10 B9.23.2.9.2 DS1 / DSO Low Side Channelization $7.47 B
I 9.24 Intentionally Left Blank
9,25 Loop Mux Combination (LMC)
9.25.1 LOOD Mux, 2-Wìr Anloa
9.25.1.1 LMC 2-Wire Installalion
9.25.1.1.1 IFirsl $225.7 19.25.1.1.2 Ea Additinal $148.96 19.25.1.2 2-Wire AnalOl LOOD (see rates inm 9.2.1.1
9.25.1.2.1 IZone 1 $15.65 159.25.1.2.2 IZon2 $23.76 159.25.1.2.3 Zone 3 $40,50 159.25.2 LOOD Mux. 4-Wire Analoa
9.25.2.1 LMC 4-Wire Installatin
9.25.2.1.1 Rrsl $225.7 19.25.2.1.2 Eac Aditinal $148.96 19.25.2.2 4-Wire AnalOl LOOD (se rate fin 9.2.1.3
9.25.2.2.1 IZoe 1 $30.70 159.25.2.2.2 IZone2 $46.63 159.25.2.2.3 IZone3 $79.47 159.25.3 LOOD Mux DS1
9.25.3.1 LMC DS1 LOOD Instanatin
9.25,3.1.1 i First $285.08 19.25.3.1.2 I Each Additional $209.98 19.25.3.2 DS1 Caabl LoaD (see rales in 9.2.3.3\
9.25.3.2.1 IZone 1 $86.8 159.25.3.2.2 Zone 2 $86.46 159.25.3.2.3 Zoe 3 $99.96 159,25.4 Private Line / Soeal Accss to LMC Conversion (as is
$34.50 B9.25.5 DSO Channel Perfrmnce
9.25.5.1 Intentionallv Left Blank
9.25.5.2 DS1 / DSO Low Side Channelizati $7.47 B9.25.6 LMC Rearrniint
9.25.6.1 IDSO $130.83 129.25.6.2 IHkih CaDacitv $148.50 12
10.0lAncilary Services
10.1 Local Numbr Porbilit
10.1.1 LNPQuries Se FCC See FCC
Tari #1 Tari #1
Secion 13 &Sec 13 &
20 2010.1.2 LNP Manaoed Cut
10.1.2.1 Standar Manaaed Cuts, pe Per, Der Hal Hour $26.57 B10.1,2.2 Ovme Manaed Cuts, per Per, oa Half Hour $34.38 B10.1.2.3 Preium Manaae Cut, Der Pers, Der Hal Hour $42.21 B
I 10.2911/ E911
I 10.2.1 1911/ E911 . Calüno NoCharae No CharQe
10.3 White Page Diror Listing, Facilit Based Providrs
10.3.1 Piiar ListQ No Charæ No CharQe10.3.2 Preum / Priva Listings General General
Exchang Exchnge
Tari Rate, Tariff Rale, Less Les
Wholesale Wholese
Discount Discount
I lOA Direct Asistace, Facilit ~ed Provier
110.4.1 ILoc Direcor Assitanc, per Call $0.34 2
.
.12-29- (co)Page 11 of 13
Intro Communictis Inc.ExhiftAId
10.4,2 National Directorv Assistance, per Call $0.34 2
10.4,3 Intentionally Left Blank
10.4.4 Intentionallv Left Blank
10.4.5 Call Completion, per Call $0.04 2
10.5 Directory Assistance List Informtio
10.5.1 Initial Dataase Load, per Usti $0.025 B
10.5.2 Reload of Database, per Listini $0.020 B
10.5.3 Daily Updates, per Listin¡:$0.25 B
10.5.4 One-Time Set-Up Fee $73.29 B
10.5.5 Med Chames for File Deliver
10,5.5.1 IElectic Transmission $0.0020 B
10,6 Toll and Assistance Operaor Services, Facilty Basd Providers
10,6.1 Ooerator Asistance, Per Call $0.50 2
10.6.2 Busv Une Veri, per Call $0.72 2
10,6.3 Busv Line Interrot $0.87 2
10,6.4 Call Brandino, Set-Uo & Recino $10,50.00 2
10.6.5 Loaino Brd, per Switch $800.00 2
10.7 Acces to Poles, Duct, Conit an Righ of Way IR
10.7.1 Pole lnauirv Fee, per lnauirv $31.63 1
10.7.2 Innuct lnauirv Fee, per lnauir $233.51 1
10.7.3 ROW Inouirv Fee, per Inouirv $378.87 1
10.7.4 ROW Document Preparatin Fee $122.91 1
10.7.5 Field Verfication Fee oe Pole $20.8 1
10.7.6 Field Verification Fee, oer Manho $190.89 1
10.7.7 Planner Verication, oer Manhole $16.52 1
10.7.8 Manhoe Vertion Insoecor. oer Manhe $92.18 1
10.7.9 Manhoe Make-Readv Insoeor, oer Manol $245.2 1
10.7.10 Transer of Resoonsibilit $106.6 1
10.7.11 Pole Attchment Fee, per FooL, oer Year $2.77 B 4
10.7.12 Innerduct
10.7.12.1 IMicruct Ocupancv Fee, Per Micuct, pe Foot, Per Year $0.1861 12
10.7.12.2 IInnerd OccupancY Fee, Per Foot. pe Year $0.31 B 4
10.7.13 Accss Aoreent Considratin $10.00 B
10.7.14 MakeReadv ICB 3
12.0 Operaional Support Systems
12.1lDevelopment and Enhancment, per Order $5.00 B
I 12.210n9Oing Maintenan, per Ordr $1.40 B
I 12.31Dailv Usage Record File, per Reco $0.0019 B
I 12.4lTrouble Isolation Charge See 9.20
17.01Bo Fide Reaest Proces
I 17.1 I Proessing Fee $1,851.86 B
I I I
NOTES:"Unless otherwise indicaed, all rates are oursuant to Idaho Public Utilftes Comission Doets:
A AT&T Arbratin Docket USW- T -96-15 Or No 27738 efece Seotembr 17 199
B Cost Doket OWE-T -01-11 Ordr No. 29408 Januarv 5 200 rates effve Janua 5, 200.
#Voluntarv Rate Reductn Docket USW-T-O3 effecve 611012, Reduct reeced in th 512412 ExibftA
##Second Volunta Rate Reuct, Docet USW-T-O3, efec 61102. Redct reecte in th 7/10102 Ex A rt Thir Volunta Rate Redn Doet USW-T-Q, efece 12/1612 Reuc re in th 1011612 Exibi A
1 TELRIC rates prod in Cost Doet OWE-1-o1-11 tesliy fied an Novembr 12. 20. The ca was bi and th ra usng th fooble are
oroo in Phase 2 of the co docket
2 Maret-bsed rates.
3 ICB, Indival Case Basis Drno.
4 The Stte of Idah has retaind th oversoht on thse rates. These rates are not under the iursdicn of th FCC.
5 FCC ordered rate puruant to the FCC s Order on Remand and Rep and Orr (Intrcrr Copensatin lor ISP-Bound Traff) CC Doet 01-131 (FCC ISP
Orer!. effecve June 14 2001.
6 Effecte August 1, 2003, Owest will no longer bill th recung an nonrecurrng char for Channel Regnetin. Ows! rees the riht to rever ba to th
contractal rate onlv aft..r apProprite noti is oiven.
7 The prelinar Quote Prepration Fee (OPF) are included in th spa cotr charges. Upon compl of the colocti cotrct. the OPF will be
credi to the final spce costruction charge lor tbe vial, cad or cageles colloction job. Thse engineri and plannin chrges are also inced in the
Viral, Caoed and Ca¡:eless Ouote Prration Fees.
8 Eff. 1110,Owes! (0) will no longe peiform Brige Tap and/or Loa Coil Removal to facitte prsioing of it Retail DSL ofer.To permft CLECs to proisi
xDSL Capable Loo,O is now re-itu th charge to continue Codftioing for th 214-Wire UBL,ADSL Copatible UBL,ISDN (BRI) Capable UBL, xDSL-I
Capable UBL, Non-Commcil Line Shri, Line Splitting.Non-Commercal SDL & Loop Spit, ef. 3/14105.0 can t bil th RC ra strre,but will bil the
lowr of the two rates.
9 Qwt is yoluntarilv rena this rate in orr to keeo rate relatishio wit th Fibr Traso "oa Pair rate elnt
12-29- (coma)Page 12 of 13
.
.
.
.
.
.
Intrado Communicti Inc.ExibilA
Idah
"¡
_m. Owest has not im .Iemented this UNE rate or cha in its billin s tem but reserves the ri ht to assss such a chame in the future.11 Market-based priæs, All charges and increments shall be the same as the coparable charges and incrments provide in Owest FCC, Retail Taris, Catalogs, or
Priæ Lists.
12 Rates not addressed in Cost Docket (estimated TELRICI
13 The provision oftransiting seiæs is not required pursuant to Seon 251 of th Telecommunicatios Act. OweS! has choen to ofer this se as part of its
intercnnectn aoreement, but this serviæ is not reuired to be oriced accrdino to a TELRIC methv.
14 Rate was ordered for a similar element and is beina used beause the cots fo this element are th same.
15 Rate wa nreviou"' ordered for this element in a diferent setion of Exhibit A
fâ OweS! Element Aded or Rate Channed "" Amment
12-2908 (co)Pae 13 of13
.
Qwest.-'
SpIrit of Service
Service Penormance Indicator Definitions (PI D)
.14-5tate 271 PID Version 9.0
.
QWEST'S SERVICE PERFORMANCE INDICATOR DEFINITONS (PID)
14-5tate 271 PID Version 9.0 .
Introduction
Qwest will report performance reults for the servce peanc indicato defined herein. Qwst will report
separate performnce results asated wi the servic it proes to Cotie Locl Exchng Carrrs
(CLECs) in aggregate (except as noted herein), to CLECs indiviually and, as applicable, to Qwsts retail
customers in aggregate. Within thes categories, performance results related to service provisioning and
repair will be reported for the products listed in each definition. Reports for CLECs individually will be subject
to agreements of confidentiality and/or nondisclosure.
The definitions in this version of the PID apply in the 14 sttes of Qwests locl service region: Arizona,
Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota,
Utah, Washington and Wyoming, Individual state Performance Asurance Plans may specify and apply state
specific variations from the Performanc Measure definitions and/or standards cotained herein.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exibit B June 26, 2007 Page i
.
.
.
.
Qwests Service Performance Indicator Definitions
Table of Contents
,,ELECTRONIC GATEWAY AVAILABILITY ............................................................................1 //
GA~1 - Gateway Availabilty - IMA-GUI .................................,.............,...............................1 //,
GA-2 - Gateway Availabilty - IMA-EDI................................................................................i. //,/,
GA-3 - Gateway Availabilty - EB-TA,..................................,...................................,...........;l //,',
GA-4 - System Availability - EXACT......................,.............................................................1,,' /,'1
GA-6 - Gateway Availabilty - GUI- Repair ........................................................................§.J/,',',
GA-7 - Timely Outage Resolution following Softare Releases..........................................9._,'//,
PRE-oRDERlORDER..............................................................................................................'L1"'1' 1
PO-1 - Pre-Order/Order Response Times ............,.......................................,......................"L,',' /,
PQ-2 - Electronic Flow-through ............................................................,............................19 ///1
PQ-3 - LSR Rejection Notice Interval............................................................................... ß/ //
PO-4 - LSRs Rejected.........................................................................,............................. fi_,"/;"
PO-5 - Firm Order Confirmations (FOCs) On Time .......................................................... .H_/;'/
PO-6 - Work Completion Notification Timeliness...............................,...................,.......... .1/;, ;'
PQ-7 - Billng Completion Notification Timeliness............................................................. j";' ;';'
PO-8 - Jeopardy Notice Interval... ..................... ......... ................................................. ...... ~ /1;'/
PO-9 - Timely Jeopardy Notices ....................................................................................."llJ//"
PO-15 - Number of Due Date Changes per Order....................................................,....... iz_///
PQ-16 - Timely Release Notifications.....,...................................................................... ~_/" '
PO-19 - Stand-Alone Test Environment (SATE) Accuracy............................. ........... ....... ã"'/ i
PO-20 (Expanded) - Manual Service Order Accuracy............ ............................... ........... i." ",
ORDERING AND PROViSiONING....................................................................................... ~,' I ,',
OP-2 - Calls Answered within Twenty Seconds - Interconnect Provisioning Center ....... M. /,'
OP-3 -Installation Commitments Met ..................,..................,......................................... ~_/'/
OP-4 - Installation Interval,.. ......... ............................. ......... .............. ....................... .......... ;i_,' /' i
OP-5 - New Service Quality .............................................................................,................11 I' "
OP-6 - Delayed Days .............,..... .......... ....................... .......... ....................... ................... ~,' I ,i
OP-7 - Coordinated "Hot cur Interval- Unbundled Loop ....................................,........... ~ /,'
OP-8 - Number Portabilty Timeliness ....... ........ ......... ........ ..,........... .... .......... ................... §Q / i i
OP-13 - Coordinated Cuts On Time - Unbundled Loop ................................ ................... §l / i'
OP-15 -Interval for Pending Orders Delayed Past Due Date ..........................,............... §_ J I J i
OP-17 - Timeliness of Disconnects associated with LNP Orders............,........................ .§_// /
MAINTENANCE AND REPAIR ............................................................................................ & / / / /
MR-2 - Calls Answered within 20 Seconds - Interconnect Repair Center ......... .............. ~ / / / /
MR-3 - Out of Serice Cleared within 24 Hours. ........ ........ ....,.......................................... ~ / / /
MR-4 - All Troubles Cleared within 48 hours ,................................................................... §l / / / /
MR-5 - All Troubles Cleared within 4 hours .... ...................................................... ........ .... §¡ J / J J
MR-6 - Mean Time to Restore ..... .............,......................... ....................................... ........ 2§ _ / / J
MR-7 - Repair Repeat Report Rate................................................................................... 2ß_ J J J
MR-8 - Trouble Rate ..............,.... ......... ................... '......... .................... ....................... ...... Il_ J J J
MR-9 - Repair Appointments Met............. ............................................ ............................. Z1_ J J J
MR-10 - Customer and Non-Qwest Related Trouble Reports .......................................... Z§_ J __
MR-11 - LNP Trouble Reports Cleared within Specified Timeframes .............................?L_ _ _-
BILLING ................................................................................................................................ Zi _ _ _
BI-1 - Time to Provide Recorded Usage Records........,.....................,.............................. ~ _ __
Qwst Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26. 2007 Page ii
De: 21
De: 3,
Deet: 4,
Delet: 51
De: 61
De: 7,De 7,
Deet: 10,
Dele: 12
Dete: 13
De: 14
De , 17
De: 18
Deet: 20
. Dele: 21
Delete: 22
De: 23
Delet 25
Delet: 28
Deet: 34
Deet: 34
Delet: 35
Dete: 38
Deet: 41
Deet: 46
Deete: 49
De: 50
De: 51
Deet 53
De: 56
Deet: 58
Deet: 58
Deete: 59
Deet: 61
Deete: 63
De: 65
Deete: 68
Delet: 71
Deet: 74
Deet: 75
Deete: 77
Dele: 79
De: 79
Table of Contents (continued)
BI-2 -Invoices Delivered within 10 Days...........................................................................!i_ _ _-
BI-3 - Billng Accuracy - Adjustments for Errors .........................,.......................... ........... .! _ _ -
BI-4 - Billng Completeness ............................... .......................................................... ...... !l _ _ -
DATABASE UPDATES ........................................................................................................ g_ _ __
DB-1 - Time to Update Databases ................................................................................ .... ~ _ _ _
DB-2 - Accurate Database Updates .................................................................................. ~ _ _ _
DIRECTORY ASSIST ANCE ..................................................................:.............................. !! _ _ _
DA-1 - Speed of Answer - Directory Assistance .............................................................. ~
OPERATOR SERVICES..........................................................._.......................................... E. - - -
OS-1 - Speed of Answer - Operator Services ..................................................................!ß - --
NETWORK PERFORMANCE .............................................................................................. §! - - -
NI-1 - Trunk Blocking......................................................................................................... ~_ - --
NP-1 - NXX Code Activation ............................................................................................. ~ - --
COLLOCATION ................................................................................................................... ~=- --
CP-1 - Collocation Completion Interval............................................................................. ~_ - --
CP-2 - Collocations Completed within Scheduled Intervals..............................................!! - --
CP-3 - Collocation Feasibilty Study Interval.......... ........................................ ................... m3 = - --
CP-4 - Collocation Feasibilty Study Commitments Met .. ............. .......... .......................... ~ - -_
DEFINITION OF TERMS ....................................................................................................1Q -",
GLOSSARY OF ACRONYMS ............................................................................................ ~ ""
APPENDIX A ...................................................................................................................... ~ ""
Feature Detail.,.................................................................................................................~ ",, '
Owest Idaho SGAT Third Revision. Eighth Amended Exhibit B June 26.2007 Page ii
, ,
Dele: 80
Deet: 81
Delet: 82
Deet: 83
De: 83
Deet: 85
Deet: 86
De: 86
De: 87
De: 87
De: 88
De: 88
De: 90
Deet: 92
De: 92
Delete: 95
Deet: 98
De: 99
Deet: 100
De: 104
Deet: 106
Delet: 106
.
.
.
.
.
.
Electronic Gateway Availabilty
GA-1 - Gateway Availabilty -IMA-GUI
Purpose:
Evaluates the qualit of GLEG access to the IMA-GUI electronic gateway and one assciated system,
focusino on the extent thev are actuallv available to GLEGs.
Description:
GA-1A: Measures the availability of the IMA-GUI (Interconnect Mediated Accs- Graphical User
Interface), and report 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 basd on the
currently published hours of availabilty found on the following website:
hlt://ww.qwest.comlwoiesale/cmplossHours.html.
GA-1 D: Measures the availabilty of the SIA system, which faciltates accss for the IMA-GUI interface
and the IMA-EDI interface (see GA-2), and report the percentae of scheduled time the SIA
system is available. Scheduled availabilit times wil be no less than the same hours as listed for
IMA-GUI and IMA-EDI..Time Gateway is Available to GLECs is equal to Scheduled Availability Time minus Outage Time..Scheduled Availabilty Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communicated that the interfac is not available due to
maintenance and/or upgrade work. Notification of Scheduled Don 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, attribuble to the speified gateway or
component (I.e., IMA-GUI, SIA), affecing Qwest's abilty to serve it customers. An outage is
determined by Qwest technicians through the use of verifiable data, collected from the affeced
customer(s) and/or from mechanized event management systems.
Reporting Period: One month Unit of Measure: Percnt
Reporting Comparisons: GLEG aggregate Disaggregation Reporting: Region-wide leveL.results Results wil be reported as follows:
GA-1A IMA Graphical User Interface Gateway
GA-1D SIAsvstemFormula:
((Number of Hours and Minutes Gateway is Available to GLECs During Reportng Per) + (Number of
Hours and Minutes of Scheduled Availabilty Time During Reportng Perod)) x 100
Exclusions: None
Product Reporting: None Standard:99.25 percent
Availability:Notes:Available
Qwest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 1
GA-2 - Gateway Availabilty -IMA-EDI .Purpose:
Evaluates the quality of CLEC access to the IMA-EDI electnic gatewy, foing on the extent th
gateway is actually available to CLECs.
Descripton:
Measures the availability of IMA-EDI (Interconnect Mediated Acce - Electronic Data Interchange)
interface and reports the percentage of scheduled availability time the IMA-EDI Interfce is available
for view andor input. All times during which the interface is scheduled to be operating during the
reporting period are measured..Scheduled Up Time hours for IMA-EDI based on the currently published hours of availability found
on the fOllowing website: http://ww.qwestcolesale/cmp/osHours.html. Time Gateway is
Available to CLECs is equal to Scheduled Availability Time minus Outge Time..Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time,.Scheduled Down Time is time identified and communicated that th interface is not available due
to maintenance and/or upgrade wo. Notification of Schuled Do Time for routine
maintenance and/or upgrade work will be proded no less than 48 hors in advance..An outge is a critical or serious loss of functionalit, attributable to the specified gateway or
component (Le., IMA-EDI), affecting Owests abilty to serve its customers. An outage is
determined by Owest technicians through the use of verifiable data, colected fr the affected
customer(s) andlor from mechanized event manament systems.
Reporting Period: One month Unit of Measure: Percnt
Reporting Comparisons: CLEC Disaggregation Reporting: Region-wde level.
aaareaate results (See GA-1D for reoortina of SIA svstem availabilty.)
Formula:
((Number of Hours and Minutes Gateway is Available to CLECs During Reporting Peri + (Number
of Hours and Minutes of Scheduled Availability Time During Reportng Peri) ) x 100
Exclusions: None
Product Reporting: None Standard:99.25 pet
Availability:Notes:
Available .
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 2
.
.
.
.
GA-3 - Gateway Availabilty - EB-TA
,Purpose:
Evaluates the quality of CLEC accss to the EB-TA interface, focusing on the extent th gateway is
actually available to CLECs.
Description:
Measures the availabilty of EB- TA (Electic Bonding - Trouble Administrtion) interface and report
the percntage of schedule availabilty time the EB- TA Interfce is available..Scheduled Up Time hours are based on the currentl publishd hours of availabilit found on the
following website: http://w.qwest.comfwlesalelcmp/osHours.hlml..Time Gateway is Available to CLECs is equal to Schedled Availabilit Time minus Outage Time..Sceduled Availabilty Time is equal to Scheduled Up Time minus Sceduled Down Time..Scheduled Down Time is time identified and comunicated tht the interface is not available due
to maintenance and/or upgrade work. Notification of Scheduled Dow Time for routine
maintenance and/or upgrade work will be prvide no less than 48 hours in advance..An outage is a critical or serous loss of functionality, attribuble to th specified gateway or
coponent (Le., EB- TA), affecing Owests abilit to see it customers, An outage is determined
by Owest technicians throgh the use of verifiable data, colleced frm the affected cutomer(s)and/or from mechanized event manai:ement syStems.
Reporting Period: One month Unit of Measure: Percnt
Reporting Comparisons: CLEC aggregate results Disaggreaton Reporting: Region-wide leveL.
Formula:
((Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period) + (Number
of Hours and Minutes of Scheduled Availabilty During Repong Period)) x 100
Exclusions: None
Product Reporting: None Standard:99.25 percent
Availabilty:Notes:Available
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 3
GA-4 - System Availabilty - EXACT .Purpose:
Evaluates the quality of CLEC batch accss to the EXCT electroic ac servce request system,
focusin~ on the extent the sYStem is actuallv available to CLECs.
Description:
Measures the availabilty of EXACT system and repo the percta of scheduled avilability time
the EXCT system is available..Schuled Up Time hours are based on the currentl published hors of availabilit found on th
following website: http://ww.gwest.comlolesale/cmp/osHors.html..Time System is Available to CLECs is equal to Schuled Availabilit Time minus Outage Time..Scheduled Availability Time is equal to Scheuled Up Time minus Schule Do Time..Scheduled Down Time is time identified and comunicated that the sysem is not available due to
maintenance and/or upgrade wok, Notification of Scheduled Down Time for routine maintenance
and/or upgrade work wil be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or
component (Le., EXACT), affecting Qwests ability to serve its customers. An outage is
determined by Owst technicians through the use of verifiabl data, collected from the affected
customer(s) and/or from mechanized event mana~ement sYStems.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate results Disaggregation Reportng: Region-wide leveL.
Formula:
((Number of Hours and Minutes EXCT is Available to CLECs During Repoing Peri) + (Number ofHours and Minutes of Scheduled Availabilty During Repong Peri)) x 100
Exclusions: None
Product Reporting: None Standard:99.25 percnt
Availabilty:Notes:
Available .
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 4
.
.
.
.
GA-6 - Gateway Availabilty - GUI - Repair
Purpe:
Evaluates the quality of GLEG access to the GUI Repair electronic gateway, focsing on the extent the
gateway is actually available to GLEGs.
Description:
Measures the availabilty of the GUI (Graphical User Interface) repair elecronic inteace and report
the percntage of scheduled availabilty time the interface is available for view and/or input. All times
dunng which the interface is scheduled to be operating dunng the repong penod are measured..Scheduled Up Time" hours are based on the currently published hours of availabilty found on the
following website: http://w.qwest.com/olesale/cmp/ossHours.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 Sceduled Down Time..Scheduled Down Time is time identified and comunicated that the interface is not availabl due
to maintenance and/or upgrade work. Notification of Scheduled Do Time for routine
maintenance and/or upgrade work wil be provided no less than 48 hours in advance..An outa is a cntical or senous 1055 of functonality, attnbutable to the specified gateway or
compoent (i.e., GUI-Repair), affecting Owest's abilty to serve its customers. An outage is
determined by Qwest technicians through the use of venfable data, collected frm the affected
customer(s) and/or from mechanized event management systems.
Repoing Period: One month Unit of Measure: Percnt
Reporting Comparions: GLEG Disaggregaon Repoing: Region-wide leveL.aggregate results
Formula:
(Number of Hours and Minutes Gateway is Available to CLECs Dunng Reporting Penod + Number of
Hours and Minutes of Scheduled Availabilit Time Dunng Reporting PenoJ x 100
Exclusions: None
Product Reporting: None Standard:99.25 percent
Availabilty:Notes:Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 PageS
GA-7 - Timely Outage Resolution following Softare Releases .Purpose:
Measures the timeliness of resolution of gateway or system outges attributble to softare releases for
specified OSS interfces, focusing on CLEC-affecting softre releases invoving the specified gatewys
or sYStems.
Description:.Measures the percentage of gateway or system outages, which are attributable to OSS system
softare releases and which occur within two weeks after the implementation of the OSS system
softare releases, that are resoled NOTE 1 within 48 hours of detection by the Owest monitoring group
or reporting by a CLEC/coprovider..Includes softare releases associated with the following OSS interfaces in Owest: IMA-GUI, IMA-
EDI, and CEMR, Exchan~e Acss, Control, & Tracking (EXCT)NOTE 2, Electronic Bonding Trouble
Administration (EB -TA) OTE 3.An outage for this measurement is a critical or serious loss of functonality, attbutable to the
specified gateway or component, affecting Qwsts ability to serve its customers or data loss NOTE 4 on
the Owest side of the interface. An outage is determined by Owest technicians through th use of
verifiable data, colleced from the affected customer(s) andor fr menized event management
systems..The outge resolution time interval considered in this measurement starts at the time Owests
monitoring group detects a failure, or at the date/time of the first transaction sent to Owest that cannot
be processed (i.e. lost data), and ends with the time functionalit 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 tht are resolved within 48 hours of the
time Owest detects the outage) + (Total number of outages detected within tw weeks of Softare
Releases resolved in the Reportng Peri)) x 100
Exclusions:.Outages in releases prior to any CLEC migrating to the releas..Duplicate reports attributable to th same sore defec.
Product Reporting: None
I Standards:
Volume,: 1-20: 1 miss
Volume =-20: 95%
Availabilit:Notes:
1. "Resolved" means that service is restored to the reporing CLEC, as
Available experienced by the CLEC. .
2. EXCT is a Telecordia system. Only releases for changes initiated by
Owest for hardware or connectivity will be included in this measurement.
3. Outages reported under EB-TA are the same as outages in MEDIACC.
4. For data loss to be considere for GA-7, a functional acknowledgement
must have been provided for the data in question (e.g., EDI 997, LSR 10
or trouble ticket number).
.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 6
.
.
.
.
Pre-Qrder/Order
PO-1 - Pre-order/Order Response Times
Purpose:
Evaluates the timeliness of responses to spefic preorering/ordering queries for CLECs through the us of
Qwests Operational Support Systems (OSS). Qwsts OSS are acced through the specified gateway
interface.
Description:
PO-1A & PD-16:
Measures the time interval between query and response for specified pre-oder/order transactios through the
electronic interface.
· Measurements are made using a system that simulates the transactons of requesting pre-
ordering/ordering information from the underlying existing OSS. These simulated transactions are made
through the operational prouction interfaces and existing systems in a manner that reflec, in a
statistically-valid manner, the transaction response times experienced by CLEC service representatives in
the reporting period.
. The time interval betwen query and response consists of the perio from the time the transaction request
was "sent" to the time it is "received" via the gateway interface.
. A query is an individual request for the specified tye of information.
PO-1C:
· Measures the percentage of all IRTM Queries measured by PD-1A & 16 transmitted in the reportng
peri that timeout before receiving a response.
PD-1D:
. Measures the average response time for a sampling of rejected queries acros preorder trnsacton tys.
The response time measured is the time between the issuance of a pre-ordering trnsacion and the
receipt of an errr message assoiated with a "rejeced query." A rejected query is a trnsaction that
cannot be successfully processed due to the provision of incomplete or invalid information by the sender,
which results in an error messaOA back to the sender. NOT 1
Reporing Period: One month I Unit of Measure:
PD-1A, PO-16, & PO-1D: Seconds
PD-1C: Percnt
Qwst Idaho SGAT Third Revision, Eighth Amended Exibit 6 June 26,2007 Page 7
PO-1 - Pre-Qrder/Order Response Times (continued)
Reportng
Comparisons:
CLEC agregate.
Disaggregaon Reporing: Region-wide leveL. Results are reported as follows:
PO-1A Pre-der/Order Response Time for IMA-GUI
PO-1B Pre-Order/Order Response Time for IMA-EDI
Result are repoed separately for each of the following transaction types: NOTE 2
1. Appointment Scheduling (Due Date Resrvation, where appointmnt is required)
2. Service Availabilit Informatio
3. Facilit Availability
4. Street Adress Validation
5. Customer Serice Recods
6. Telephone Number
7. Loop Qualification Tools NOlE 3
8. Left intentionally blank to prerve numbering
9. Connectng Facilit Assignment NOlE4
10. Meet Point Inquiry NOlE5
.
For Pû-1A (transctions via IMA-GUI), in addition to reporting total response time,
response times for each of the above transactions will be reported in tw parts: (a) time
to accss the request screen, and (b) time to recive the response for the specified
transaction. For Pû-1A 6, Telephone Number, a third part (c) accept screen, will be
reported.
For Pû-1B (transactions via IMA-EDI), request/response wil be reported as a combined
number.
PO-1C Results for Pû-1C wil be repored accing to the gateway intenace used:
1. Percnt of Preorder Transacton that Timeo IMA-GUI
2. Percent of Preorder Transactions tht Time IMA-EDI
Formula:
PO-1A & PO-1B = L((Query Response Date & Time) - (Query Submission Date & Time)) + (Number of
Queries Submitted in Reporting Period)
PO-1 D Results fo PO-1 D will be reported accing to the gateway intenace used:
1. Rejected Response Times for IMA-GUI
2. Reiected Response Times for IMA-EDI
PO-1C = ((Number of IRTM Queries measured by Pû-1A & 1B that Timeout before receiving
response) + (Number of IRTM Queries Transmitted in Reporting Period)) x 100 .PO-1D = L((Rejected Query Response Date & Time) - (Query Submission Date & Time)) +
.(Number of Rejected Query Transactns Simulated by IRTM)
Exclusions:
PO-1A & Pû-1B:
. Rejected requests/errors, and timed out transacions
PO-1C:
. Rejected requests and errors
PO-1D:
. Timed out transactions
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 8
.
.
.
.
PO-1 - Pre-order/Order Response Times (continued)
Product Reporting: None Standards:IMA-GUI IMA-EDITotal Response Time:
1.Appointment Scheuling ..10 secods ..10 seconds2.Service Availabilty ..25 seconds ..25 seconds Inforation
3.Facility Availability ..25 seconds6 ..25 seconds64.Street Address Validation ..10 seconds ..10 seconds 5.Customer Service Records ..12.5 seconds6 ..12.5 seconds6
6.Telephone Number ..10 seconds ..10 seconds7.~gsiP Qualification Tools $ 20 seconds7 $20secods
8.Left intentionally blank to
preserv numbenng
9.Connecting Facilty $25 secds $25 secods Assignment
10. Meet Point Inquiry $30 secnds $30seconds
Po-1C-1 0,5%Po-1C-2 0.5%PO-1D-1 & 2 DiagnosticAvailabilty:Notes:
Available 1.Rejected query types used in Po-1D are thos developed for intemal
Qwst diagnoic purpoes.
2.As additional transactons, currently done manually, are mechanized,
they will be measured and added to or included in the above list of
transactions, as applicable.
3.Results based on a weighted combination of ADSL Loop Qualification
and Raw Loop Data TooL.
4.Results based on Connecting Facility Asignment by Unit Query.
5.Results based on meet Point Query, POTS Splitter option for Shared
loops.
6.Times reflect non-cplex service, including residential, simple
business, or POTS accunt. Do not include ADSL or accunts;.2s
lines.
7.Benchmark applies to respoe time only, Request time and Total
time wil also be reoorted.
Qwest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 207 Page 9
PO-2 - Electronic Flow-through .Purpose:
Monitors the extent Qwests processing of CLEC Locl Servic Requests (LSRs) is completely
electronic, focusing on the degree that electronically-transmitted LSRs flow directly to the service
order Drocessor without human intervention or without manual retvina.
Description:
PO-2A - Measures the percentage of all electroic LSRs that flow from the specifed elecronic
gateway interface to the Service Orer Processr (SOP) without any human intervntion,
. Includes all LSRs that are submitted electroically through the specified interface during the
reporting period. subject to exclusions specified below.
PO-2B - Measures the percentage of all f1ow-throug-eligible LSRs NOTE 1 that flow from the specified
electronic gateway interface to the SOP without any human intervention..Incudes all f1ow-through-eligible LSRs that are submitted elecnically throh the specified
interface durina the reoortina Deri, subiect to exclusio soie below.
Reporting Period: One month
I Unit of Measure: Perct
Reporting Comparions: CLEC Disaggregation Repong: Statewide level (per mult-
aggregate, individual CLEC state system servng the stte).
Results for PO-2A and PD-2B will be reported
accrding to the gateway interface' used to submit the
LSR:
1 LSRs received via IMA-GUI
2 LSRs received via IMA-EDI
'CO also report an aggregate of IMA-GUI and IMA-EDI
results.
Formula:
PO-2A = ((Number of Electronic LSRs that pass frm the Gatewy Interf to th SOP wihout
human intervention) + (Total Number of Eleronic LSRs that pa throh th Gateway
Interface)) x 100
PD-2B=((Number of fIw-through-ligible Elenic LSRs tht actlly pa frm th Gateway
Interfce to the SOP without human intervnti) + (Number of f1owthrogh-ligible
Electronic LSRs received through th Gatewy Interface)) x 100
Exclusions:.Rejected LSRs and LSRs containing CLEC-cused non-fatal errors..Non-electronic LSRs (e.g., via fax or courier)..Records with invalid product coes..Records missing data essential to the calculation of the measurement per the PID..Duplicate LSR numbers. (Exclusio to be eliminated upon implementation of IMA capability tò
disallow duplicate LSR #'s.).Invalid startstoD datesltimes.
.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 10
.
.
.
.
PO-2 - Electronic Flow-through (continued)
Product Reporting:Standards:.Resale Po-2A:.Unbundled Loops (with or -ognosticwithout Locl Number
Portbilit)PO-2B:.Locl Number Portabilty.UNE-P (POTS) and UNE-P Resale:95%
(Centrex 21)Uribundled Loops:85%.Line Sharing LNP:95%
UNE-P (POTS & Centrex 21\:95%Line Sharina:Diaanostic ""v,c¿Availabilty: .Notes:
Available 1.The list of LSR types classified as eligible for flow through is contained in
the "LSRs Eligible for Flow Through" matrx. This matrix also includes
availabilty for enhancements to flow through. Matrix will be distributed
through the CMP process.
2.The standard and fuure disaggregated reportng of the Line Sharing
prouct is TBD, pending resolution of TRO issues,
.
Qwest Idaho SGAT Third Revision, Eighth Amended ExhibitS June 26, 2007 Page 11
PO-3 - LSR Rejection Notice Interval .Purpose:
Monitors the timeliness with which Owst notifes CLECs that elecic and manual LSRs were
reiected.
Description:
Measures the interval between the receipt of a Locl Servic Request (LSR) and th rejecon of the
LSR for standard categoes of errorsreasons..Includes all LSRs submitted through the specified interface that are rejected during the reporting
period..Standard reasons for rejections are: missing/ncomplete/mismatchingunintellgible information,
duplicate request or LSRlPON (purchase orer number), no separate LSR for each accont
telephone number affected, no valid contrct, no valid end user verification, accunt not working in
Owest territor, service-affecting order pending, request is outside established parameters for
service, and lack of CLEC response to Owst question for clarification about the LSR..Included in the interval is time required for efforts by Owest to work with the CLEC to avoid the
necssity of rejecting the LSR..With hours: minutes reporting, hours counted are (1) business hors for manual rejects (involving
human intervention) and (2) published Gateway Availabilty hours for auto-rejecs (involving no
human intervention). Business hours are defined as time during normal business hours ofthe
Wholesale Delivery Service Centers, except for PO-3C in which hours counted are workweek
clock hours. Gateway Availabilty hours are base on the currntly publishd hors of availability
found on the followina website: htt://ww.awe.coolesaleeiP/asHours.html.
Reporting Period: One month Unit of Measure:
P0-3A-1, Po-38-1 & Po-3C - Hrs: Mins.
Pü-A-2 & PO-3B-2 - Mins: Se.
Reporting Comparisons:Disaggregation Reporting:
CLEC aggregate and Results for this indicator are reported accrding to the gateway interface
individual CLEC results used to submit the LSR:.PO-3A-1, LSRs received via IMA-GUI and rejected manually:
Statewide.PO-3A -2, LSRs received via IMA-GUI and auto-rejected: Region
wide.PO-3B-1, LSRsreceived via IMA-EDI and rejected manually:
Statewide.PO-3B -2, LSRs received via IMA-EDI and auto-ejectd: Region
wide.Po-3C, LSRs received vi faimile: Statewide
Formula:
i: ((Date and time of Rejecio Notice transmittl) - (Date and time of LSR receipt)) + (Total number of
LSR Rejection Notifications)
Exclusions:.Recrds with invalid product codes..Records missing data esential 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 startstoo datesltimes.
Product Reporting: Not applicable (repoed by Standards:
ordering interface)..PO-3A-1 and -38-1 :s 12 business hours.Po-3A -2 and -3B -2: s 18 seconds.PO-3C:s 24 work week clock
hours
Availabilit:Notes:
Available
.
Owestldaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 12
.
.
.
.
PO-4 - LSRs Rejected
Purpse:
Monitors the extent LSRs are rejeced as a percentage of all LSRs to proide information- to halp
address potential issues that miaht be raised bv the indictor of LSR rejection notice intervals.
Description:
Measures the percentage of LSRs rejected (retumed to the CLEC) for standard categoes of
errorsreasons..Includs all LSRs submitted through the specified interface that are rejeced or FOC'd during the
reporting period..Standard reasons for rejections are: missinglincomplete/mismatching/unintellgible information;
duplicate request or LSRlPON (purcase order number); no separate LSR for each account
telephone number affected; no valid cotract; no valid end user verification; acunt not working in
Qwest terrtory; service-affecting order pending; request is outide established parameters for
service; and lack of CLEC response to Qwest uestion for clarification about the LSR.Reporting Period: One month Unit of Measure: Percent of LSRs
Reporting Comparisons: CLEC aggregate and Disaggregaion Reporting:individual CLEC results Results for this indicator are reported accrding to
the gateway interfce used to submit the LSR:
P0-4A-1 LSRs recived via IMA-GUI and
rejected manually - Region wide
PO-4A -2 LSRs recived via IMA-GUI and
auto-rejected - Region wide
P0-4B-1 LSRs received via IMA-EDI and
rejeced manually - Region wide
P0-B -2 LSRs received via IMA-EDI and
auto-rejeced - Region wideP0-C LSRs received via facsimile -
StatewideFormula:
((Total number of LSRs rejected via the specified method in the reporting peri) + (Total of all LSRs
that are received via the specifed interface that were rejeced or FOC'd in the reporting period)) x 100
Exclusions:.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 starVstoD datesimes,
Product Reporting: Not applicable (reported by Standard: Diagnosticordrina interface).-
Availabilit:Notes:Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 13
PO-5 - Firm Order Confirmations (FOCs)On Time
Purpose:
Monitors the timeliness with which Qwest returns Firm Order Cofirmations (FOCs) to CLECs in
response to LSRslASRs received from CLECs, focusing on the degree to which FOCs are provided
within soecified intervals.
Description:
Measures the percentage of Firm Order Confirmations (FOCs) that are prvided to CLECs within the
intervals specified under "Standards. below for FOC notifcations.
. Includes all LSRslASRs that are submitt through the speif interface or in the speifed
manner (i.e., facsimile) that receive an FOC during the reportng pe, subject to exclusions
specified below. (Acknowledment sent separately from an FOC (e.g., EDI 997 trnsactons are
not included.)
. For PO-SA, the interval measured is the period betwn the LSR reived datelime (base on
scheduled up time) and Qwests response with a FOC notifcaio (notifti date and time).
. For PO-SB, SC, and SD, the interval measured is the period betwn the application date and time,
as defined herein, and Qwests response with a FOC notification (notification date and time).
. "Fuiiy electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EDI, (2) that involve no
manual intervention, and (3) for which FOCs are provided mechanically to the CLEC. NOTE 2
. "Electronic/manual" LSRs are received electronically via IMA-GUI or IMA-EDI and involve manual
processing.
. "Manual" LSRs are received manually (via facsimile) and proc manually.
. ASRs are measured only in business days.
. LSRs will be evaluated accrding to the FOC interval categoes sh in th "Standards' section
below, based on the number of lines/service requesed on the LSR or, where multiple LSRs from
the same CLEC are related, based on the combined numbr of Iineseice requested on th
related LSRs.
Reporting Period: One moth I Unit of Meure: Pernt
Reporting Disaggregation Repoing: Sttewie level (pr mult-state system
Comparisons: CLEC serving the state).
aggregate and individual Results for this indicator are reported as follow:CLEC result . PO-SA:' FOCs provided for fully electic LSRs recived via:
- Po-SA-1 IMA-GUI
- PO-SA-2 IMA-EDI
. PO-SB:' FOes provided for electronic/manual LSRs received via:
- PO-SB-1 i MA-GU i
- Po-SB-2 IMA-EDI
. PO-SC:' FOCs provided for manual LSRs received via Facsimile.
. Po-SD: FOCs provided for ASRs reuesting LIS Trunks.
, Each of the PO-SA, PO-58 and PO-SC measurements listed above
will be furter disaggregated as follows:
- (a) FOCs provided for Resale services and UNE-P
- (b) FOCs proided for Unbunded Loops and specified
Unbundled Netwrk Elements
- Ie) FOCs provided for LNP
.
.
Fonnula:
PO-SA = ((Count of LSRs for which the original FOC's "(FOC Notifiction Date & Time) - (LSR received
datelime (base on scheduled up time))" is wihin 20 minutes) + (Total Number of original
FOe Notifications transmitted for the service category in the reporting period)) x 100
PO-SB, SC, & SD = ((Count of LSRslASRs for which the original FOC's .(FOC Notification Date & Time)
- (Application Date & Time)" is within the intervals specified for the service category involved)
+ (Total Number of original FOC Notifications transmitted for the service category in the
reoortina oerioon x 100
Qwest Idaho SGAT Third Revision, Eighth Amended Exibit B June 26, 2007 Page 14
.
.
.
.
PO-5 - Firm Order Confirmations (FOCs) On Time (continued)
Exclusions:.LSRS/ASRs involving individual cae basis (ICB) handling based on quantiies of lines, as specified
in the "Standards" section below, or service/reuest tys, deemed to be projecs..Hours on Weekends and holidays, (Except for PO-SA which only excludes hours outside thescheduled up time)..LSRs with CLEC-reuested FOC arrngements diferent from standard FOC arrngements,.Records with invalid product coes..Records missing data essential to the calculatio 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/limes.
Additional PO-50 exclusion:.Recrds with invalid a mlication or cofirmation dates.
Product Reporting:Standards:
.For PO-SA (all):95% within 20 minutes NU '" 2.For PO-SA, -SB and .For Po-SB (all):90% within standard FOC intervals-5C:(specified below)(a) Resale services .For Po-SC (manual):90% within standard FOC intervalsUNE-P (POTS)socifed below PLUS 24 hours NOTE 3and UNE-P Centrex .For PO-50 ILLS Trunks):85% within eiaht business davs(b) Unbundled Loops
and specified Standard FOe Intervals for PO-5B and Po-5CUnbundled Netwrk
Elements,Product GrouD NOTE 1 FOe Interval(c)LNP Resale
For PO-50: LIS Residence and Business POTS 1-39 lines .ISDN-Basic 1-10 linesTrunks.-Conversion As Is 24 hours -Adding/Changing features-Add primary directory listing to established loop-Add call appearance
Centrex NonDeign 1-19 lines
with no Common Block Configuration
Centrex line feature chanaes/adds/removals lall\
LNP 1-24 lines Unbundled Loops 1-24 loos 2/4 Wire analog
DS3CaoabieSub-loop 1-24 sub-loops
!ineluded in Product Reoorlna arouD Ibn
Line Sharing/Line Splitting/Loop Splitting
1-24 shared loops
!include in Produc ReDOina aroUD Ibll
Unbundled Network Element-Platorm (UNE-P POTS)
1 - 39 lines
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Pag 15
PO-5 - Firm Order Confirmations (FOCs) On Time (continued).Resale
ISDN-Basic 1-10 lines-Conversion As Speed-New Installs 48 hours-Addre Change-Change to add Loop
ISDN-PRI (Facilit)1-3
PBX 1-24 trunks
DSO or Voice Grade Equivalent 1-24
DS1 Facility 1-24
DS3 Facilty 1-3
LNP 25-9 lines
Enhance Extended Loops (EEls)
(included in Product Reportng grop (b)1
DS1 1-24 circuits
Resale
Centrex (including Centrex 21, Non-dign,
Centrex 21 Basic ISDN, Centrex-Plus,
Centron, Centrex Primes)1-10 lines
- With Comon Blo Courati reuire-Initial establishment of Centrx CMS service
- Tie lines or NARs acvit
- Subsequent to initial Common Bloc
- Station line
- Automatic Route Selecn 72 hours
- Uniform Call Distributon
- Additionl numbe
UNE-P Centrex 1-10 lines
UNE-P Centrex 21 1-10 lines
Unbundled Loops with Facility Check..31 1 - 24 lo 214 wire Non-loaded
ADSL copatible
ISDN capable
XDSL-I capable
DS1 caDable
Resale
ISDN-PRI (Trunks)1-12 trnks 96 hours
ForPO-5D:8 business
LIS Trunks 1-240 trunk circits days
Availabilit:Notes:
Available 1.LSRs with quantities above the highest number specified for
each product type are considered ICB.
2.Unbundled Loop with Facilty Check can be processed
electronically; however, because this category always carres a
72-hour FOC interval the FOC results for this product wil
appear in Po-5B if reived electnically or PO5C if received
manually.
3.Unbundled Loop with Facility Check will not add an additional
24 hours to the 72-hour interval if the LSR is submitted
manually.
.
Owest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 16
.
.
.
.
PO-6 - Work Completion Notifcation Timeliness
Purpose:
To evaluate the timeliness of Owet issuing electronic notification at an LSR level to CLECs thatprovisioning work on all service orders that compns the CLEC LSR have been copleted in th
Service Order Process and the service is available to the customer.
Description:
PO-6&68:.Includes all orders completed in the Owes! Servce Orer Processor that generate completion
notifications in the reporting perio, subject to exclusions shown below..The strt time is the date/time when the last of th service orders that compnse the CLEC LSR is
posted as completed in the Service Orer Procsor..The end time is when the elecronic order completion notice is made available (IMA-GUI) NOTE 1 or
transmitted (IMA-EDI) to the CLEC via the ordenng interface used to place the lol service
request. The notification is transmitted at an LSR level when all service orders that compnse the
CLEC LSR are complete..With hours: minutes reportng, hours counted are dunng the published Gateway Availability hours.
Gateway Availabilty hours are based on the currently published hours of availabilty found on the
followina website: htt://w.awest.comlholesalelcmp/ossHours.html.
Reporting Period:
I Unit of Measure:One month Po-6A-68:Hrs:MinsReportingDisaggreation Reporting: Statewide leveL.Comparisons: CLEC
aggregate and individual .PO-6A Notices trnsmited via IMA-GUICLEC results..P0-8 Notices transmitted via IMA-EDI
Formula:
For completion notifications generated from LSRs received via IMA-GUI:
P0-A = I:((Date and Time Completion Notication made available to CLEC) - (Date and Time the
last of the service orders that compnse the CLEC LSR is copleted in the Service Order Prossor)) +
(Number of completion notifications made available in reportng penod)
For completion notifications generated from LSRs reived via IMA-EDI:
P0-8 = I:((Date and Time Completion Notification transmitted to CLEC) - (Date and Time the last of
the service orders that compnse the CLEC LSR is copleted in the Service Order Procssor.)) +
(Number of completion notifications transmitted in reporting period)
ExcluSions:
PO-6A&68:.Records with invalid copletion dates..LSRs submitted manually (e.g., via facsmile)..ASRs submitted via EXCT.
Product Reporting: I Standard:
PO - 6A & 68 Aggregate reporting for all products ord throuh 6 hours
IMA-GUI and, separately, IMA-EDI (se disareoation reoortin!:ìí.
Availabilit:Notes:
Available 1.The time a notice is "made available" via the IMA-GUI is the time Owest stores
a status update related to the completion notice in the IMA Status Updtes
database. When this ocurs, th notice can be immediately viewed by the
CLEC using the Status Updates windw or by using the LSR Notice Inquiry
function,
Qwestldaho SGAT Third Revision, Eighth Amended Exibit 8 June 26, 2007 Page 17
PO-7 - Biling Completion Notification Timeliness .Purpose:
To evaluate the timeliness with which electronic billng completion notifications are made available or
transmitted to CLECs, focusing on the percentage of notifications that are made available or
transmitted (for CLECs) or Dosted in the bilina system (for Owest retail) within five business days.
Description:
PO-7A& 7B:.This measurement includes all orders posted in the CRIS billng system for which billng completion
notiæs are made available or transmitted in the reporting period, subject to exclusions shown
below..Intervals used in this measurement are frm the time a serviæ order is completed in the SOP to
the time billng completion for the order is made available or transmitted to the CLEC.-The time a notice is "made available. via the lMA-GUI cosists of the time Owst stores the
completion notiæ in the IMA Status Updates datbase. When this occurs, the notiæ can be
immediately viewe by the CLEC using the Status Updates window.-The time a notiæ is "tansmitted" via IMA-EDI consists of th time Owst actlly trnsmits the
completion notiæ via IMA-EDI. Applicable only to thse CLECs wh are ærtfied and setup to
reæive the notiæs via IMA-EDI..The start time is when the completion of the serviæ 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 electonic
biling completion notice is made available to the CLEC via the same ordering interface (IMA-GUI
or IMA-EDI) as used to submit the LSR..Intervals counted in the numerator of these measurements are those that are five business days or
less.
Po-7C:.This measurement includes all retail orders posted in the CRIS Billng system in the reporting
period, subjec1 to exclusions shown below..Intervals used in this measurement are from the time an order is copleted in th SOP to th time
it is posted in the CRIS biling system..The start time is when the completion of the order is po in the SOP. The end time is when the
order is posted in the CRIS billng system..Intervals counted in the numerator of this measurement are th tht are fie busine days or
less.
Reporting Period: One month
I Unit of Measure: Perænt
Reporting Comparisons:Disaggregation Reporing: Statewide leveL.
PO-7A and -7B: CLEC .Po-7A Notiæs made available via IMA-GUI
aggregate and individual CLEC .Po-7B Notiæs transmitted via IMA-EDI
results..Po-7C Billng system posting copletions for Owest RetailPO-7C: Owest retail results.
Formula:
For wholesale serviæ orders Qwst generates for LSRs recived via IMA:
PO-7A:;(Number of elec1ronic billng completion notiæs in the repoing period made available
within five business days of posting complete in the SOP) + (Total Number of elec1ronic
biling completion notices made available during the reportng period)
PO-7B :;(Number of electronic billng copletion notiæs in the repoing period transmited
within five business days of posting complete in the SOP) + (Total Number of elec1ronic
biling completion notices transmitted during the reporting period)
For serviæ orders Owest generates for retail customrs (i.e.. the retail analogue for Po-7 A & -7B):
PO.7C:;(Total number of retail servæ orders posted in the CRIS biling system in the reporting
period that were posted within 5 business days) + (Total number of retail service orders
DOsted in the CRIS billna sYStem in the reporting perid)
.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 18
.
.
.
.
PO-7 - Billng Completion Notification Timeliness (continued)
Exclusions:
PO-7A, 78 & 7C.Services that are not biled through CRIS, e.g. Resale Frame Relay..Records wih invalid copletion dates.
PO-7A& 78.lSRs submitted manually..ASRs submitted via EXCT.
Product Reporting:Standard:Aggregate reporting for all products ordered through IMA-Pû-7A and -78: Parity with Pû-7CGUI and, separately, IMA-EDI (see disaggregation
reporting).
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit 8 June 26, 2007 Page 19
PO-8 ~ Jeopardy Notice Interval .PurPQse:
Evaluates the timeliness of jeopardy notifications, focusing on how far in advance of original due dates
jeoardy notifcations are provided to CLECs (regardless of whther th due date was actually
missed).
Description:
Measures the average time lapsed between the date th customer is firs notied of an orer jeopardy
event and the original due date of the order.
that reived ierd notifitions.. Includes all orders comoleted in th r moi
RePQrting Period: One month Unit of Meure: Avera Business days NUI~
Reporting Comparisons: CLEC Disaggregaton Reportng: Statewe leveL.
aggregate, individual CLEC and Qwest (This measure is reported by jeopardy notification processRetail results as used for the categories shown under Product
Reooina.l
Formula:
(r(Date of the orginal due date of orders completed in the reporting period that received jeopardy
notification - Date of the first jeopard notification) + Total orders completed in the reportng period
that received jeopardy notification)
Exclusions:.Jeopardies done after the orginal due date is past.Records involving ofcial company services..Records with invalid due dates or appliction dates..Records with invalid completion dates..Records with invalid product cos..Records missing data essntial to the calculation of the meaurent oerthe PID.
Product Reporting:Standard:
A Non-Designed Services A Parity with Retail POTS
B Unbundled Loops (with or without B Parity with Retail POTS
Number Portabilty)
C LIS Trunks C Parity with Feature Group 0 (FGD) services0UNE-P (POTS)o Parity with Retail POTS
Availabilty:Notes:
Available 1. For POA and -0, Saturday is counted as a
busine day for all nopatchd orders for
Resale Residence, Resle Buines, and UNE-P
(POTS), as well as fo th retail analogues
specied above as stndards. For dispatched
orders for Resale Residence, Resale Business,
and UNE-P (POTS) and fo all other products
repoed unr Po-B and -BC, Saturday is
conted as a buine day when the service order
is due on Saturdav.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 20
.
.
.
.
PO-9 - Timely Jeopardy Notices
Purpose:
When original due dates are missed, measures the extent to which Owest notifies customers in
advance of jeopardized due dates.
Description:
Measures the percentage of late orders for which advance jeopardy notifcation is provided..Includes all inward orders (Change, New, and Transfer order tyes) assigned a due date by
Owest and which are completedclosed in the reporting period that missed the original due date.
Change order types included in this measurement consist of all C orders repreenting inward
activity..Missed due date orders with jeopardy notifcations 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: PercntReporting Comparisons: CLEC
I Disaggregation Reportng: Statewde leveL.
aggregate, individual CLEC and (This measure is reported by jeopardy notifcation procss asOwest Retail results use for the categories shown under Prouct Reporting,)Formula:
((Total missed due date orders completed in the reporting period that received jeopardy notification in
advance of original due date) + (Total number of missed due date orders completed in the repoing
peri)) 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..Recods with invalid completion dates..Records with invalid product coes..Records missing data essential to the calculation of the measurement per the PID.
Product Reporting:Standards:A Non-Designed Services A Parity with Retail POTSBUnbundled Loops (with or without Number B Parity with Retail POTSPortability)
C LIS Trunks C Parity with Feature Group D (FGD) Services0UNE-P (POTS)D Parity wih Retail POTS
Availabilty:Notes:Available
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26. 2007 Page 21
PO-15 - Number of Due Date Changes per Order .Purpose:
To evaluate the extent to which Qwest chanaes due dates on orders,
Description:
Measures the average number of Qwest due date changes per order,.Includes all inward orders (Chang, New, and Transfer ord tys) that have been assigned a
due date in the reporting period subject to th exclio bew. Change order ty for
additional lines cosist of all "C' orders repreenting inward actit..Counts all due date changes made for Qwest resons folowing assignment of th oriinal due
date.
Reporting Period: One month
I Unit of Measure: Aver Numbr of Du Date Change
Reporting Comparions:
I Diagreon Repong: Statew levL.
CLEC aggregate, individual CLEC, and Qwst
retail results.
Formula:
r(Count of Qwest due date changes on all orders) + (Total ordrs in reporting period)
Exclusions:.Customer requested due date changes..Records involving offcial company services..Recods with invalid due dates or application dates..Records wih invalid product coes..Records missing data essential to the calculatin of the measurement per the PID.
Product Reporting:
I Standard:
None Dignoic
Availabilty:Notes:
Available
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 22
.
.
.
.
PO-16- Timely Release Notifications
Purpose:
Measures the percnt of release notifications for changes to speified OSS intenaces sent by Owest to
CLECs within the intervals and scpe specifie within the change management plan found on Owest's
Chanae Management Procss, ICMP\ website at http://w.awest.comlolesale/cmplwhatisco.html.
Description:
. Measures the percent of release notices that are sent by Owest within the intervalsltimeframes
prescribe by the release notification procdure on Owests CMP website, NOTE 1
- Release notices measured are:
- Draft Technical Specifications (for App to App intenaces only);
- Final Technical Specfications (for App to App intenace only);
- Draft Release Notices (for IMA-GUI intenaces only);
- Final Release Notices (for IMA-GUI intenaces only); and
- OSS Intenace Retirement Notices. NOTE 2
- For the following OSS intenaces:
- IMA-GUI, IMA-EDI;
- CEMR;
- Exchange Accss, Control, & Tracking (EXCT); NOTE 3
- Electronic Bonding - Trouble Administration (EB -TA); NOTE_
- lABS and CRIS Summary Bil Outputs; NOTE 5
- Loss and Completion Records; NOTE 5
- New OSS intenaces (for introduction notices only.) NOTE 6
- Also included are notifications for connectivity or system function changes to Resale Product
Database,
- Includes OSS intenace release notifications by Owest relating to the following products and
service categories: L1S/lnterconnecon, Collocation, Unbundled Network Elements (UNE),
Ancillary, and Resale Product and Services.
- Includes OSS intenace release notifications by Owest to CLECs for the following OSS
functions: Pre-Ordering, Ordering, Provisioning, Repair and Maintenance, and Billng.
- Includes Types of Changes as speified in the .Owest Wholesale Change Management
Process Document" (Section 4 - Types of Changes).
- Includes all OSS interface release notifications pertining to the above OSS systems, subject tothe exclusions specifed below.
· Release Notifcations sent on or before the date required by the CMP are cosidered timely. A
release notification "sent date" is determined by the date of the e-mail sent by Owest that provides the
Release Notification. NOTE 7
. Release Notifications sent after the date required by the (CMP) are considered untimely. Release
Notifications required but not sent are considered untimely.
Reporting Period: One month
Reportng Comparisons: CLEC Aggregate
Unit of Measure: Percent
Disaggregation Reporting: Region-wide leveL.
Formula:
((Number of required release notifications for specified OSS interface changes made within the reporting
perio that are sent on or before the date required by the change management plan (CMP) + Total
number of required release notifications for specifed OSS intenace changes within reporting period))x100
Exclusions:
· Changes to be implemented on an expedited basis (exception to OSS notification intervals) as
mutually agreed upon by CLECs and Owest through the CMP.
· Chanaes whre Owest and CLECs aaree, throuah the CMP, that notification is unnecessarv.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 23
PO-16 Timely Release Notifications (continued)
Produc Reporting:None Standard:
VOL. 1-10: No more thn one
untimely notification
VoL. =- 10: 92.5% timelv notifications
.
Availability:
Available
Notes:
1. The Qwest Wholesale Change Managment Process Document specifies th
intervals for release notifcations by type of notification. These intervals are
docmented in the change management plan.
2. The documents descnbed in secton "9.0 - Retirement of Exsting OSS
Interfaces" of the .Qwest Wholesale Change Management Proc Domenl
as "Initial Retirement Notice" and .Final Retirement Noti..
3. EXCT is a Telecordia system. Only release notificatis for chngs initiated
by Qwest for hardware or conectivit will be include in this measrement.
4. EB-TA is the same system as MEDIACC.
5. CRIS, lABS, and Loss and Copletion will adhere to th notication intervals
documented in secton 8.1 - Change to Existing Apicti to Aplication
Interface.
6, The documents descnbed in section .7.0 -Introucon of New OSS Interface. of
the "Qwest Wholesale Change Management Process Document" as "Initial
Release Announcement and Preliminary Implementation Plan" (new App to App
only), "Initial Interface Technical Specification" (new App to App only), .Final
Interface Technical Specifications (new App to App only), "Release Notification.
(new GUI only). CMP notices for "Introducion of a New OSS. are to be includedin this measurement even though the new system is not explicily listed in the
"Decnption" section of this PID. However, once implemented, the system will
not be added to the measurement for purpses of measunng release, change
and retirement notifications unless speifically incorprated as an authonzed
change to the PID.
7. The intervals used to determine timeliness are base on CMP guidelines.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exibit B June 26, 2007 Page 24
.
.
.
.
PO-19 - Stand-Alone Test Environment (SATE) Accuracy
Purpse:
Evaluates Qwsts ability to provide accrate prouction-like tests to CLECs for testing new releases in
the SATE and production environments and testina betwn releases in the SATE environment.
Description:
PO-19A
· Measures the percentage of test trnsactons that conform to the test scenaris published in the IMA
EDI Data Doument - for the Stand Alne Test Enviroment (SA Æ) that are successfully exected
in SATE at the time a new IMA Release is deployed to SATE. In months where no release acivity
occrs, measures the percentage of test transactions that coform to the test scenarios published in
the currnt IMA EDI Data Document-for the Stand Alone Test Environment (SATE) that are
successfully executed in SATE during the between-releases monthly performance test.
· Includes one test transaction for each test scnario published in the IMA EDI Data Doument - for
the Stand Alone Test Environment (SA Æ).
. Test trnsactions will be executed for each of the IMA releases supported in SATE utilzing all test
scenarios for each of the current versions of the IMA EDI Data Document - for the Stand Alone Test
Environment (SATE).
· The successful execution of a transaction is determined by the Qwest Test Enineer according to:
- The expected results of the test scenari as described in the IMA EDI Data Document - for the
Stand Alone Test Environment (SA TE) and the EDI disclosure document.
- The transactions strict adherence to business rules published in Qwts most current IMA EDI
Disclosure Documentation for each release and the assciated Addenda. NOTE 1
· For this measurement, Qwest will execute the test trnsactons in the Stand-Alone Test Environment.
- Release related test trnsactions will be executed when a full or point release of IMA is installed
in SATE. These transactons will be executed within five business days of the numbered release
being originally installed in SATE. This five-business day period will be referred to as the "Testing
Window:
- Mid-release monthly performnce test transactions will be executed in the months when no
Testing Window for a release is completed. These trnsactions wil be executed on the 15th, or
the nearest working day to the 15th of the month, in the months when no release related test
transactions are executed.
· Test transacton results will be reported by release and included in th Reportng Period during which
the release trnsactions or mid-release test transactons are copleted.
PO-19B
· Validates the extent that SATE mirrors proucton by mesuring the percenta of IMA EDI test
transactions that produce coparable results in SATE and in producton.
- Transactions counted as producing comparable results are those tht retum correctly formatted
data and fields as specifed in the release's EDI discosure doument and developer worksheets
related to the IMA release being tested,
- Comparabilty will be determined by evaluating the data and field in each EDI message for the
test transactons against the same data and fields for Preorder queries, LSRs, and
Supplementals, and retumed as Query Responses, Acknowledgements, Firm Order
Confirmations (FOGs) for flow-throuh eligible proucts, and rejec.
· Test transacons are executed one time for each new major IMA release wihin 7 days after the IMA
release.
- Test trnsactions consist of a defined suite of ProductAcivity cobinations. Qwsts three
regions will be represented. NOTE 2
- Pre-order, Order, and Post-order transactios (FOCs for flow-through products) are included.
· With respect to the comparability of the strcture and content of result from SATE and proucion
environments, this measurement focuses only on the validity of the structure and the validity of the
content, per developer worksheets and EID mapping exampls distbuted as part of release
notifications. NOTE 3
Reportng Period:
PO-19A - One month
PO-19B: - One month (for thos months in I Unit of Measure:
Percent
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 25
PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued)
which release-related test transactions are
complete).
Reporting Comparisons: None Disaggrgation Reping:
Po-19A - Repoed separately for each release tested
in Ui reing period
Po-19B - Non
Formula:
PO-19A
((Total number of successfully completed SATE test transactons executed for a Softare Release or
between-releases performance test completed in the Reporing Period) + (Total number of SATE test
transactions executed for each Software Release or between-eleases performance test completed in
the Reporting Period)) x 100
POc19B
((Total number of completed IMA EDI test transactions executed in SATE and prouction that
produce comparable results for each new major IMA Softre Release completed in the Reprtng
PeriOd)'" (Total number of copleted IMA EDI test transctions executed in SATE and proucon for
each new major IMA Softare Release complete in Ui Repong Peri)) x 100
Exclusions:
Forpo-19B:
. Transactions that fail due to the unavailabilty of a content item (e.g., TN exustion in SATE or the
production environment) or a function in the SATE or proction enviroments (e,g., address
validation query or CSR query) tht is unsuccful due to an outage in sysems that interface wih
IMA-EDI (e.g., PREMIS or SIA).
. Transactions that fail because of difference between the prouction and SATE result caused when
an IMA candidate is implemented into IMA and not SATE (Le., where CMP decides not to implement
an IMA candidate in a SATE release: e.g., the Reject Duplicate LSR candidate in IMA 12.0). This
exclusion does not apply during reporting periods in which there are no differences betwen
oroduction IMA and SATE caused bv SATE releases packaged pursuant to CMP decisions.Product Reporting: None Standard:
Po-19A - 95% for each relea tested
Po-19B-95%Availability: Notes:Available 1. Transns tht are execed and found toha incsistenc wi the data and forat
rules will be coed and ren. Rerun
volume will no be co in Ui denoinator
for Po-19. Suc coec and re-executions
are intende to enforc stri adherenc to
business rules published in Qwests most
current IMA EDI Data and Disclosure
Documents.
2. The prouct and activity combinations that
make up the test decks for Po-19B will be
updated after each major IMA softre release
and provided to CLECs with the publication of
IMA EDI Draft Interface Technical
Specficaons for the ne major IMA softare
release as defined in the CMP pross. All
cobinations with EDI trnscton volumes :;
100 in Ui previous 12-moth periOd wil be
included in the test deck. 75 days prior to the
execuon of the test, Qwest will run a query
aginst IMA to determine which combinations
meet the criteria for inclusion (i.e., volumes :;
1001.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 26
.
.
.
.
PO.19 Stand.Alone Test Environment (SATE) Accuracy (continued)
3. The intent of this provision is to avoid including
th effect of circmstances beyond the SATE
environment that could cause diferences in
SATE and prouction results that are not due
to problems in mirrorng prction. For
example, because of real-time data
manipulation in production, an appointment
availability query transaction in SATE will not
return the sae list of available appointments
as in prducion. Available appointments in
proucton are fully dependent on real-time
activities that ocr there, whereas available
appointments in SATE are ba on a pre-
defined list that is representative of production.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 27
PO-20 (Expanded) - Manual Service Order Accuracy
Purpse:
Evaluates the degree to which Owest accrately prcesses CLECs' Locl Service Requests (LSRs), which
are electronically-submitted and manually pross by Owest, into Owt Seice Ordrs, bas on
mechanized comparisons of specified LSR-8rvice Order fields and focing on the percntae of manually-
Drocesed Service Orders that are accurate/error-fr.
Description:
Measures the percentage of manually-pss Owt Servce Ordrs tht are poulated corrcty, in
specified data fields, with information obtained fr CLEC LSRs.
. Includes only Service Orders created frm CLEC LSRs tht Owst receives NOTE 1 elecronically (via IMA-
GUI or IMA-EDI) and manually processes in the creatio 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 tyes included in this measurement
consist of all C orders with "I" and "T" 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 ben properly
populated on the LSR) are all accurate on the Service Order. An inward feature Service Order will be
classified as "accurate" if the fields specified in the Service Order Fields Evaluated section below (when
the sourc fields have been properly populated on the LSR) are all acurate on th Service Order and if
no CLEC notifications to the call center have generated call center tickets co to LSRlSO mismatch for
that order,
- Service Orders wil be counted as being accrate if th cotents of th releant filds, as record in
the completed Service Orders involved in provisioning the service, properly match or copond to
the information from the specified fields as provided in the latest version of assciated LSRs.
- Service orders generated from LSRs receiving a PIA (Provider Initiated Activity value will be counted
as being accrate if each and every mismatch has a correct and corresponding PIA value.
- Service Orders, including those otherwise considered acurate under the aboEHescribed
mechanized field comparison, will not be counted as accurate if Owest correct errors in its Service
Orer(s) as a result of contact received from CLECs no earlier than one buines day prior to the
original due date.
.
Reporting Period: One month, reported in Unit of Mesure:
arrears (i.e., results first appear in report one
month later than results for measurements tht 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 errrs.
Percent .
Reporting Comparisons:
CLEC Aggregate and individua.1 CLEC
Disaggregation Reportng:
Statewide Level
Formula:
((Number of accurate, evaluated Service Orders) + (Number of evaluated Service Orders completed in
the reporting period)J 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 à corresponding LSR
. Records missina data essential to the calculation of the measurement per the PID.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 28
.
.
.
.
PO-20 (Expanded) - Manual Service Order Accuracy (continued)
Product Reporting:Standard:.Resale and UNE-P (POTS and Centnsx 21)95%
.Unbundled Loo (Analo and Non-Loaded 214-wins, DS1
Capable, DS3 and higher Capable, ADSL Compatible,
XDSL-I Capable,ISDN-BRI Capable)
Availability:Notes:Available 1.To be included in the measurement, Service
Orders created from CLEC LSRs must be
received and completed in the same version of
IMA-GUI or IMA-EDI.
2.Consists of all manually-proceed, qualifying
Service Ordrs per prouct nsporting categor
specifed above, from throghout Qwests 14-
state locl service region.
LSR-Service Order Fields Evaluated
Mechanized comparison of the fields from the Service Order to the LSR:
LSRField
Form Code LSR Field Name Remarks/Service Order Field:
CCNA Customer Carrier CCNA field of LSR form compansd to the RSID/ZCID fieldLSRNameidentifier in the Exend ID setion of the Servce Ordr.
Abbnsviation
PON Purchase Order PON field of LSR form copared to the PON field in Bil
Number Section of the Service Order.DITSENT Date and time The DITSENT field of LSR form from the Firm Order
sent Manager, using applie business day cut-off rules and
business tying rules, and compans to the APP (Application
Date) ~use 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 corrct USOC.)TEST Testing required Applies only to Unbundled Loop,
Validate that the installation USOC used on the Service
Order matches the TEST nsquest. (EValuate~.\n cojuncon
with the CHC field to determine correct USOC.
NC Netwk Channel Applies only to Unbundle Loop. NC field on the LSR formCoecompared to provisioning USOC for CKL 1 on the Service
Order,
NCI Netwrk Channel Applies only to Unbundled Loop NCI field on the LSR forIntenace Cod compared to provisioning USOC for CKL 1 on the Service
Order.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007
Page 29
PO-20 (Expanded) - Manual Service Order Accuracy (continued)
LSR-Service Order Fields Evaluated
Mechanized comDarison of the fields from the Service Order to the LSR:
LSRField
Form Code LSR Field Name Remarks/Service Order Field:
SECNCI Secondary Applies only to Unbundled Loop orders.
Netwrk Channel SECNCI field on the LSR form compared to the provisioning
Interface Code USOC for CKL2 on the Service Order.
PIC Interl TA Pre-PIC field on Resale or Centrex for compared to PiC
subscrption populated on the "i" or .r action lines in the Service andIndicator Code Equipment section of the Service Order.
Note:
LSR PiC = Non; S.O, PIC = Non
Resale or LPIC IntraLA TA Pre-LPIC fi on Resale or Centrx for copare to LPIC
Centrex subscption poulated on th .1. or "T acio line in th Service andIndicator Co Equipment seion of th Service Order.
Note:
LSR LPIC = None; S.O. LPIC = 9199
LSR LPIC = OFLT; S,O. LPIC = 5123
TNS Telephone Validate that all telephone numbers in the TNS fields in the
Numbers Service Details section on the Resale or Centrex form
reauirina inward activity are addressed on the Service Order.
FAI Feature When the FA = N, T, V
FEATURE Activity/Feature Validate line and feature USOCs provided in the FEATURECodfield on th Resale or Centrex form are addressed with "i"
Resale and/or "r action lines on the Service Order.
or Note: Comparison will be based on the USOCs assocated
Centrex with line and feature activity listed in the PO-20 USOC List
posted on Qwsts public website, on the web page
containing the current PIO
ww.qwest.comlesale/result). Qwest may add USOCS
to the list, delete grand-fthered/ discontinue or obolete
USOCs, or update USOCs assigned to listed descritions by
providing notice in the monthly Summary of Notes and
updating th list.
LS ECCKT Exchange Applies to LSRs with ACT = C (only when NC coe has not
Company Circuit changed, M, or T.
10
ECCKT field on the LS form compared to the CLS field in the
Service and Equipment section of the Serice Order.
.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit 8 June 26, 2007 Page 30
.
.
.
.
PO-20 (Expanded) - Manual Service Order Accuracy (continued)
LSR-8ervice Order Fields Evaluated
Mechanized comDarison of the fields from the Service Order to the LSR:
LSRField
Form Code LSR Field Name Remarks/Service Order Field:
LSI CFA Connecting CFA field on the LS or LSNP fonns compared to th CFALSNPFacilityfield used in CKL 1 of the Service Order. (Verbal accptanceAssignmentof CFA changes will be FOC'd and PIA'd, which will accnt
for the mismatch and eliminate it as an errr in the Pû-20
calculation.
LTV Listing Typ LTV = 1 (Listed - appears in DA and the directory.) Validte
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 instructons in the LN field in the List
section of the Service Order.
Centrallestern Region: Validate that the left hand fieldis NLST and (NON-LIST) is contained in the NLST data field
in the List section of the Service order.
Eastern Region: Validate that the left handed field is NLand (NON LIST) is contained in the NL data field in the List
secion of the Service Order.
LTV = 3 (Non Pub - does not appear in the directory and
telephone number does not appear in DA.) Validate tht
there is non publishe instructions in the IN fild in the List
íi section of the Serice Order,Cl Centrallestern Regions: Validate that the left handedi:
E :;field is NP and (NON-PUB) is contained in the NP data field..~in the List section of the Service Order..2 i:Eastern Region: Validate that th left handed fild is NPl!'i and (NP LODA) or (NP NODA) is contained in the NP datai: ::field in the List section of the Service Orer.~l TOA Type of Accunt Validate TOA entries (only reviewed when BRO field on Dl
~-:fonn is not populated):
S .e .TOA valid entries are B or RPu ~
Validate that there is a semi colon (;) within the LN in thef-_ i:List section of the Servic Order.co1'0 .TOA valid entres are R or BP~ .!Validate that there is a comma (,) wihin the LN in the Listc co:J section of the Service Orer.'i Exception: When lSR-TOS = 3, TOA review is Not:0!!Applicable. Handled by Coplex Listing Group. Requires
seoarate Service Order.DMl Direct Mail List DMl field = 0 on Dl form; Service Order IN contains
(OCLS).NOSL No Solicitation Arizona Only
Indicator NOSl field = Y on Dl form; Service Orer IN contains
(NSOl) (OCLS).TMKT Telemarketing Colorado Only
TMKT field = 0 on Dl fonn; Service Ordr IN contains
(OATD).
When both the DMl and the TMKT fields are populate, DMl
validatio aoolies.
lNlN and Listed Name lNlN and lNFN field on Dl fonn compared to the IN fieldLNFNin the List section of th Service Order.
Qwestldaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007
Pag 31
PO-20 (Expanded) - Manual Service Order Accuracy (continued)
LSR-5ervice Order Fields Evaluated
Mechanized comDarion of the fields fr the Sece Ordr to the LSR:
LSRField
Form Code LSR Field Name Remarks/Service Order Field:
ADI Address Indicator ADI = 0 on DL fom; Service Order LA contains (OAD).
LAPR Listed Address LAPR field of the Listing form compared to LA in the List
Number Prefix secion 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 copared to LA in the List
Number Sufix secion of th Servce Order.
LASD Listed Addres LAD field of th Listng fom compared to LA in the List
Street Direcnal secn of th Sece Order.
LASN Listed Addres LASN field of th Liing fom compared to LA in the List
Street Name secion of th Seice Ordr.
LATH Listed Address LATH field of th Listing form compared to LA in the List
Street Type seion of the Servce Order.
LASS Listed Address LAS fild of th Listing form compared to LA in the List
Street Direcional secion of the Servce Order.
Suffx
LALOC Listed Address LAOC field of the Listing form compared to LA in the List
Locality secion of the Service Order.
LSR DSPTCH Dispatch Limited to Unbundled Loops where ACT = Z or V only.
If DSPTCH fild on the LSR form = Y, validate dispatch
USOC in the Service and Equipment seon of the Service
Order.
LTC Line Treatment Apie only to Centx 21CodeLTC field numeric value on th Centrx fo compare to the
data foUowng the CAT fild fo the Line USOC on the
Centrex Serice Orr.
COS Class of Service Applies only to Centx 21.
- Owest Speific COS field of the Centrx fom copare to the CS fild in the
10 setion of th Servic Orer.
Resale FEATURE Feature Details As specified in Appendix A of the 14 State Working PID.
or DETAILS Compariso would be based on th fields assated with the
Centrex USOC list reference under Feature Activitv above.
.
.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 32
.
.
.
.
PO-20 (Expanded) - Manual Service Order Accuracy (continued)
LSR.Service Order Fields Evaluated
Mehanized comparison of the fields from the Service Order to the LSR:
Form
Resale
or
Centrex
LSR
uiOJ .. lñ:S .2 fl.! ::;
.. ë ui
~i: 0::° t: i: cü-eS-¡e ~:Iõ iiiii ~ g.. -..Q
LSR FieldCod
BLOCK
(Stage 1)
DFDT
DOD
LTN
LNPL
LSR Field Name
Blocking Typ
Desired Frame
Due Time
Desired Due
Date
Listed Telephone
Number
Letter Name
Placement
Remarks/Service Order Field:
For each LNUM provided in the Service Detail section of the
Resale or Centrex form when BA = E:
Note: The BLOCK field may have one or more alpha and/or
numeric values per LNUM. This review will only validate
based on BA/BLOCK fields and will not address blocking
information provided in the "Remark" section on the LSR or
the Feature Detail section of the LSR. The values listed
below wil be considered as follows:
If BLOCK contains A, validate FlO TBE A is present on the
service order floated behind line USOC assoiated with the
TNS for that LNUM.
If BLOCK contains B, validate FlO TBE B is preset on the
service order floated behind line USOC assiated with the
TNS for that LNUM.
If BLOCK contains C, validate FlO TBE G is present on the
service order floated behind line USOC associated with the
TNS for that LNUM.
If BLOCK contains H, validate FlO BLKD is present on th
service order floated behind line USOC associated with the
TNS for that LNUM.
Applicable only to orders for Resale and UNE-P (POTS and
Centrex 21)
, DFDT field on the LSR form compared to the FDT field in the
Extended 10 secton of the Service Order.
DOD field from the last FOC'd LSR copared to the original
or last subsequent due date in the Extended 10 secton on
the Service Order when no CFLAGIPIA is present on the
FOC. (i.e. Evaluation includes reconition of valid difference
betwn DOD and Service Ordr based on population of the
CFLAG/PIA field on the LSRC (FOC))
For Resale and UNE-P (POTS and Centrex 21):
L TN field on the Listing form compared to the Main Accunt
Number of the Service Order.
For Unbundled Loop: L TN field on the Listing form copare
to the TN floated after the LN in the Listing secton of the
Service Order.
LNPL field on the Listing form = L, validate that LN on the
Service Order follows letter placement versus word
placement.
Owest Idaho SGAT Third Revision, Eighth Amnded Exhibit B June 26, 2007 Page 33
Ordering and Provisioning .
OP-2 - Calls Answered within Twenty Sends -Interconnect Provisioning Center
Purpse:
Evaluates the timeliness of CLEC accss to Owets inter proning center(s) and retail
customer access to the Business Off, focusina on th exnt cals are anre within 20 seconds.
Descñption:
Measures the percentage of (Intercnection Provisioning Ceter or Retail Busine Ofce) calls that
are answered by an agent within 20 secnds of th first ring..Includes all calls to the Interconnect Provisioning Center/Retail Business Ofce during the
reporting period, subject to exclusios specified below..Abandoned calls and busy calls are conted as calls which are not answered within 20 seconds..First ring is defined as when the customets call is first place in queue by the ACD (Automatic
Call Distributor)..Answer is defined as when the call is first Dicked UD bv the Owest aaent.
Reporting Period: One month Unit of Measure: Percnt
Reporting Comparisons: CLEC agregate and Disaggregation Reporting: Region-wide leveL.
Owest Retail results
Formula:
((Total Calls Answered by Center within 20 seconds) + (Total Calls reived by Center)) x 100
Exclusions: Time spent in the VRU Voice Response Unit is not conte.
Product Reporting: Not applicable Standard: Parity
Availabilty:Notes:
Available
.
Owest Idaho SGAT Third Revision, Eighth Amened Exhibit B June 26, 2007 Page 34
.
.
.
.
OP-3 - Installation Commitments Met
Purpe:
Evaluates the extent to which Owst installs services for Customers by the scheduled due date:
Description:
Measures the percentage of orders for which the scheduled due date is met..All inward orders (Change, New, and Transfer order tys) assigned a due date by awest and
which are completed/closed. during the reporting period are measured, subject to exdusions
specified below. Change order tyes included in this measurement consist of all Corders
representing inward activity. Also induded are orders with customer-requested due dates longer
than the standard intervaL..Completion date on or before the Applicable Due Date recorded by awest is counted as a met due
date. The Applicable Due Date is the orginal due date or, if changed or delayed by the customer,
the mot recently revised due date, subject to the following: If Owest changes a due date for Owest
reasons, the Applicable Due Date is the customer-initiated due date, if any, that is (a) subsequent to
the original due date and (b) prior to a awest-initiated, chanced due date, if anv.
Reporting Period: One month
I Unit of Measure: PercentReportingDisaggregation Reporting: Statewide leveL.Comparisons:.Results for prouctservices listed in Product Reporting under .MSA-Typ
CLEC aggregate,Disaggregation" will be reported according to orders involving:individual CLEC OP-3A Dispatches within MSAs;and awest Retail OP-3B Dispatches outside MSAs; andresultsOP-3C No dispatches..Results for products/services listed in Product Reporting under .Zone-tye
Disaggregation" will be disagregated accrding to installations:
OP.3D In Interval Zone 1 areas; and
OP-3E In Interval Zone 2 areas.Formula:
((Total Orders completed in the reporting perid on or before the Applicable Due Date) + (Total Orders
Completed in the Reporting Period)) x 100
Exclusions:.Disconnect, From (another form of disconect) and Recrd order tyes..Due dates miss for standard categories of customer and non-Qst reasons. Standard
categories of customer reasons are: previous service at the loction did not have a customer-
requested disconnect ordr issued, no accss to customer premises, and customer hold for
payment. Standard categories of non-Qest reasons are: Weather, Disaster, and Work Stoppage..Records involving ofcial copany services..Records with invalid due dates or application dates..Records with invalid completion dates..Recds with invalid product cos..Records missing data essential to the calculation of the measurement per the PID.
awest Idaho SGA T Third Revision, Eighth Amended Exibit B June 26, 2007 Page 35
OP - 3 Installation Commitments Met (continued)
Product ReDortina:I Standard:
MSA.Tv.. Disannr..ation .I.Resale
Residential sinale line service Par"Iv with retail service
Business sinrile line service Parity with retail service
Centrex Parity with retail service
Centrex 21 Pan"Iv with retail service
DSO (non-desianed orovisionina)PariIv with retail service
PBX Truks (non-desianed orovisioninri)Parity with retail service
Primarv ISDN (non-desirined orovisionina)Pan"ty wit retail service
Basic ISDN (non-desianed provisionina)Pan"ty with retail service.Unbundled Netwrk Element- Platform Parity wi like retail service
(UNE-P) (POTS).Unbundled Netwrk Element- Platfor Pari with retail Centrx 21
(UNE-P) (Centrex 21 ).Unbundled Netwrk Element - Platfor Pari with retail Centr
(UNE-P) (Centrex).Line Splitting 95%
.Loop Splitting NUTE Diagnostic
.Line Sharing 95%
.Sub-Loop Unbundling co: 90%
All Other States: Diaanotic
Zone-tvn. Disannr..ation -.Resale
Primarv ISDN (desianed orovisionina)Pan'tv wi reil servic
Basic ISDN (desianed orovisiina)Pa~tv with retail seice
DSO (desianed orovisionina)Pan"ty with retail seiic
DS1 Pan'ty with retail servic
PBX Trunks (desianed orisionina)Parity with retail service
DS3 and higher bi-rate servces Pari with retail seic
(aaareaate)
Frame Relav Pari wih retail service.LIS Trunks Pari with Feature Grop D (aggregate).Unbundled Dedicated Interoffce Transoort (UDIT)
UDIT - DS1 level I Party with retail DS 1 Private Line
UDIT -Above DS11evei I Parity with retail Private Lines above DS 1 level
Dark Fiber - 10F I Diaanostic.Unbundled LOODS:
Analoe Loop 90%
Non-loaded Loop (2-wire)90%
Non-loaded Loop (4-wire)Parity with retail DS1 Private Line
DS1-caoable Loop Parity with retail DS 1 Private Line
xDSL-1 caoable Looo 90%
ISDN-cnable Looo Parity with retail ISDN BRI (desianed)
ADSL-oualified Loop 90%
Loop tyes of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private
(aaareaate)Line services (aaareaate)
Dark Fiber - Loop Diaanostic
Loo with Conditionina 90%.E9111911 Trunks Pari with retail E9111911 Trunks
.
.
Qwest Idaho SGAT Third Revision. Eighth Amended Exhibit B June 26. 2007 Page 36
.
.
.
.
OP - 3 Installation Commitments Met (continued)
.Enhance Extende Loo (EELs) - (080 WA:90%level)All Other Staes: Diagnostic.Enhanc Exended Loo (EELs) - (081 90%level).Enhanced Exended Loops (EELs) - (083 WA:90%level)All Oter StaéS: DiagnosticAvailabilty:
I Notes:
Available 1. Reporting will begin at the time CLECs ordr the prouct, in any quantity, for
three consecuve months.
Qwest Idaho 8GAT Third Revision, Eighth Amended Exibit B June 26, 2007 Page 37
OP-4 - Installation Interval .Purpoe:
Evaluates the timeliness of Owesls installation of serv for customer, focng on the average
time to instll service.
Description:
Measures the average interval (in business days) NOTE 1 between the application date and the
completion date for service orders accpted and implemented..Incudes all inward orders (Change, New, and Transfer order typs) assigned a due date by
Owest and which are completed/closed during the reporting period, subjec to exclusions specified
below. Change order types for additional lines cosist 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 oriinal due date or, if changed or delayed by the customer, the
most recently revised due date, subject to the followng: If Owest changes a due date for Owest
reasos, the Applicable Due Date is th customer-initiated due date, if any, that is (ai subseuent
to the original due date and (b) prir to a Owest-initiated, changed due date, if any. N TE 2.Time intervals associated with customer-initiated due date chnge or delays ocrring after the
Applicable Due Date, as applied in the fonnula below, are calclated by subtrting the latest
Owest-initiated due date, if any, followinq the Applicable Due Date, fr th subsquent
customer-initiated due date, if anv. NOTE
Reporting Period: One month
I Unit of Measure: Aver Business Days
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons:.Results for product/service listed in Prouct Reporting under "MSA-Typ
CLEC Disaggregation" will be reported accoring 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 producs/services listed in Prouc Reprting under .Zone-ty
Disaggregation. will be disaggregle accrding to installations:
OP-4D In Interval Zone 1 areas; and
OP-4E In Interval Zone 2 areas.
Formula:
~((Order Completio Date) - (Order Application Date) - (Time intel betwn the Original Due Date
and the Applicable Date) - (Time intervals assated with customer-initle due dat changes or
delays ocrrng after the Applicable Due Date)) + Tota Number of Ord Copleted in th reporting
perid
Explanation: The average installation interval is derived by dividing the sum of installation intervals for
all orders (in business davs) NOTE 1 bv 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 fonn of disconect) and Recrd order tyes..Recods involving offcial company services..Records with invalid due dates or application dates..Records with invalid copletion dates..Recrds with invalid product codes..Records missina data essential to the calculation of th measurement per th PID.
.
Owestldaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 38
.
.
.
.
OP-4 -Installation Intel"al (continued)
Product ReDortng:I Standard:MSA.Tvoe Disaaareaatlon.I.Resale
Residential sinale line service Paritv with retail serviceBusiness sinale line service Paritv wi retail service
Centrex Paritv with retail service
Centrex 21 PariIv with retail service
DSO (non-desione Drovisionina)Paritv with retail servcePBX Trunks (non-desiane orovisionina)Paritv with retail servicePrimary ISDN (no-designed Parity wi retail service
orovisionina)
Basic ISDN (non-desianed orovisionina)Paritv with retail service
· Unbundled Netwrk Element - Platf Parity with like retail service(UNE.P) (POTS)
· ~nbundied Netwrk ¡E~ement - Platform Pari wih retail Centrex 21
UNE-P) (Centrex 21
· Unbundled Netwrk Element - Platfrm Parity wit retail CentrexIUNE-P) (Centrex).Line Solitting 3.3 days .Looo Solittina NUl" 3 Diagnostic.Line Sharina 3.3 days .Sub-Loop Unbundling CO: 6davs
All Oter States: Diaonostic
Zone.Tv.. Disannr..tion ..Resale
Primarv ISDN (desioned orovisioninol Paritv wi retail serviceBasic ISDN(deSined Drovisioninal ParIv with retail service
DSO (desianed Drovisionina)Paritv with retail serviceDS1Paritv wi retail service
PBX Trunks (desianed orovisionina)Partv with retail serviceDS3 and higher bit-rate services Pari wi retail servicelaaareaatef
Frame Relav Paritv with retail service.LIS Trunks Parity wih Feature Group 0 (aggregate)
.Unbundled Dedicated Interoffce Transoor IUDIT
UDIT - DS11evel I Pari wi DS1 Private Line Sece
UDIT -Above DS11evei I Pari with Private Lines above OS 1 level
Dark Fiber - 10F T Diaanostic.Unbundled Looos:
Analo Looo 6davs
Non-loaded LOOD (2-wirel 6davs
Non.loaded LooD14-wire L Paritv wi retail DS1 Private LineOS 1-eapable Loop Idho, Iowa, Montana, Nebraska, North
Dakota, Oregon, Wyoming: Pari with retail
DS1 Private Line
Arizona, Colordo, Minneso, New Mexico,
Sou Dakota, Utah, Washinaton: 5.5 days
xDSL-1 caoable LOOD 6davs
ISDN-eoable Looo Pari with retail ISDN BRI (desianed)ADSL-aualified Looo 6davSLoop tyes of DS3 and higher bit-rtes Parity wih retail DS3 and higher bit-rate services(aaáreaate)(aaoreoate)Dark Fiber - LoaD Dianotic
LOODS with Conditionino 15 days
Owest Idaho SGAT Third Revision, Eighth Amnded Exhibit B June 26, 2007 Page 39
OP-4 -Installation Interval (continued)
.E911/911 Trunks Parity with retail E911/911 Trunks.Enhanced Exended Loops (EELs) - (DSO Diagnostic
leven.Enhancd Extended Loops (EEls) - (DS1 6 days
leven.Enhanced Extended Loops (EELs) - (DS3 Diagnoic
leven
Availabilty:Notes:
Available 1,For OP-4C, Saturday is conte as a buine day for all orrs for
Resale Residece, Resale Busine, and UNE-P (POTS), as well
as for the retail analogues spfi above as stndards. For all
other prouct under OP-4C and for all pruc undr OP-4A, -4B,
-4D, and -4E. Saturday is counted as a busines 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 chnges or delays, up
to the point when a Qwest-initiated due date change ocurs. At
that point, the Applicable Due Date bees fixed (Le., with no
further chnges) 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 th formula. These delay time intervals
are calculated as stated in the deption. (Though infrequent, in
cases where multple Qwst-initted due date chng ocr, the
stated metho for calculatng delay intervals is appied to each pair
of Qwest-initiated due date chnge and subsequet cutomer-
initiated due date change or delay. Th intrvals th calculated
from each pairing of Qwst and cutomer-initiated due dates are
summed and then subtracted as indicated in th formula.) Th
result of this approach is that Qwest-initiated impact on intervals
are counted in the repoed interval, and customer-initiated impact
on intervals are not counted in the reported intervaL.
3.Reporting will begin at the time CLECs orer the product, in any
quantity, for three consecutive months.
.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 40
.
.
.
.
OP-5 - New Service Quality
Purpose:
Evaluates the quality of ordering and installng new services (inward line service orders), focusing on the
percentage of newly-installed service orers that are free of CLEC/customer-initiated trouble report during
the provisioning process and within 30 calendar days following installatio completion, and focusing on the
~uality of Qwests resolution of such conditions wih resoect to multple report.
Description:
Measures two components of new serice provisioning quality (OP-5A and -5B) and also report a combine
result (OP-5T), as descrbed below, each as a percentage of all inward line service orders completed in the
reporting period that are free of CLEC/customer-repoed provisioning and repair trouble report, as
describe below. Also measures the percntae of all provisioning and repair trouble report that consttute
multple trouble reports for the affected service orders. (OP-5R)
· Orders for new services considered in calculating all compoents of this perforance indicator are all
inward line service orders completed in the reporting period, including Change (C-type) orders for
additional lines/circuits, subject to exclusions shown below. Cha~e order tys considered in these
measurements consist of all C orders representing inward activity. OTE 1
· Orders for new service installations include conversons (Retail to CLEC, CLEC to CLEC, and same
CLEC converting between products).
· Provisioning or repair trouble reports include both out of service and other service affecting conditions,
such as features on a line that are missing or do not function properly upon conversion, subject to
exclusions shown below.
OP-5A: New Service Installation Qualit Reported to Repair
· Measures the percentage of inward line service orders that are fre of repair trouble report NOT 2
within 30 calendar days of installation completion, subject to exclusions below.
· Repair trouble reports are define as CLEC/customer notifications to Qwst of out-of-service and
other service affecting conditions for which Qwest opens repair tickets in its maintenance and repair
management and tracking systems NOTE 3 that are closed in the reporting perid or the following
month, NOTE 4 subject to exclusions shown below. NOTE 5
· Qwest is able to open repair tickets for repair trouble report received from CLECs/customers onc
the service order is completed in Qwests systems.
~: New Service Provisioning Qualit
· Measures the percentage of inward line service orders that are free of provisioning trouble report
during the provisioning process and within 30 calendar days of installation completion, subject to
exclusions shown below.
Provisioning trouble report are defined as CLEC notication to Qwst of out of service or other
serviCe affecting conditions that are attributble to provisioning acvities, including but not limited to
LSRlservice order mismatches and conversion outages, For prvisioning trouble reports, Qwest
creates call center tickets in its call center database. Subject to exclusions shown below, call center
tickets closed in the reporting period or the following month NOTE 4 are captured in this measurement.
Call center tickets closed to Netwrk reasons will not be conted in OP-5B when a repair trouble
repo for that order is captured in OP-5A. NOTE 5,6
OP-5T: New Service Installation Qualit Total
· Measures the percentage of inward line service orders that are free of repair or provisioning trouble
reports during the provisioning process and within 30 calendar days of installation completion, subject
to exclusion shown below.
OP.5R: New Service Quality Multple Report Rate
· Evaluates the quality of Qwests responses to repair and provisioning truble reports for inward line
service orders completed in the repong period. This measurement repos, for thos service orders
that were not free of repair or provisioning trble report in OP-5A or OP-5B, the percentage of
trouble report affecting th same service ordrs that were followed by additional repair and
provisioning trouble report, as specifid below.
· Measures the percentage of all repair and provisioning trouble report considered in OP-5A and
OP-5B that are additional repair or provisioning trouble repor received by Qwest for the same
service order durino the provisionina oross or within 30 calendr days followino installation
Qwst Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 41
op- 5 - New service Qualitv lcontinued\
completion..Additional repair or provisioning trouble report are define as all such report that are received
following the first report (whether the first report is represented by a call center ticket or a repair
ticket) relating to the same service order during the provisioning procss or within 30 calendar days
following installation completion. In all cases, the trouble report counted are those that are defined
for OP-5A and OP-5B above. NOTE 7
Reporting Period: One month, reported in arrars (Le., results first appear I Unit of Measure:
in report one month later than result for measurements that are not Percent
reDorted in arrears), in order to cover the 30-dv oeriod followina installation.
Reporting Comparisons: ClEC aggregate,
I Disaggrgaion Reportng: Statewie levelindividual ClEC and Owest Retail results
Formulas:
OP-5A = (Number inward line serve orders copleted in the repoing peri - Number of inward line
service orders with any repair trouble reoorts as spefi above) + (Number of inward line service
orders completed in the reporting peri) x 100
OP-5B=(Number of inward line ser:ice orers copleted in th repoing peri - 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 reoort 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 report, relating to inward line service orders clos in
the reporting period as defined above under OP-5A or OP-5B, that constiMe aditioal repair and
provisioning trouble report, within 30 calendr days follong th insllation date + Number of all
repair and provisioning trouble report relatng to inward line service orrs close In the repong
period, as defined above under OP-SA or OP-5B) x 100
Exclusions:
Applicable to OP-5A. OP-5T and OP-5R:.Repair trouble reports attributable to ClEC or coed to nost reaso as follows:-For prouct measured frm MTAS data, repair trouble repos cod to disposition codes for:-Customer Action; Non-Telco Plant; Trouble Beyond th Netwrk Interface; and Miscellaneous-
Non-Dispatch, non-Owest (includes CPE, Customer Instrucon, Carrer, Alternate Provider); and
Report from other than the ClEC/customer that result in a charg if dispatched.-For product measured from WFA (Workforce Administration) data, repair report coded to cos for:-Carrer Action (IEC); Customer Provided Equipment (CPE); Commercial power failure; Customer
requested service order activity; and Other non-Qst.-Repair repor coed to disposition codes for referral to another department (Le., for non-repair ticket
resolutions of non-installation-related problems, except cable cuts, which are not excluded).
Applicable to OP-5B. OP-5T and OP-5R only:.Provisioning trouble report attributable to ClEC or non-Qest cause..Call center tickets relating to actvities tht ocr as part of th nol prss of converson (Le., while
Owest is actively and properly engage in procss of covertng or installng the service). Provisioning
trouble report involving service orders that, at the time of the calls, have fallen out for manual handling
and been disassciated frm the related service order, as applicable, will be considered as not in the
normal process of conversion and will not be excluded.
Applicable to OP-5A. OP-5B, OP-5T and OP-5R:.Repair or provisioning trouble report related to service orders captured as misss under measurements
OP-13 (Coordinated Cuts Timeliness) or OP-17 (lNP Timeliness)..Subsequent repair or provisioning trouble reports of any trouble on the installed service before the
original repair or provisioning trouble report is closed..Service orders clod in the reoortina Deriod with ADD Dates earlier than eight months Drior to the
.
.
Owest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 42
.
.
.
.
CP- 5 - New Service Quality lcontinued)
beginning of the reporting period.
· Information tickets generated for internal Owest system/netwrk monitoring purpes.
. Disconnect, From (another form of disconnect) and Recrd ordr tys. Whn ou of service or service
affecing problems are reported to the call center on conversion and move requests, the resulting call
center ticket will be included in the calculation of the numerator in assiation with the related inward
order tye even when the call center ticket reflect the problem was caused by the Disconnec or From
order.
· Records involving offcial Owest copany services.
Recrds missino data essential to the calculation of the measurement as defined herein.
Product Reportng 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 month following first reporting.
Possible standard (TD)
(Where parity comparisons involve multiple service varieties in a
product category, weighting base on the retail analogue volumes may
be used if necessary to create a coparison that is not affected by
different proportions of wholesale and retail analogue volumes in th
same reoortina cateaorv.l
.
Owest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 43
op. 5 - New Service Qualit (continued)
Product RePOrtina:I Standards:
Renorted under OP.5A OP-5 OP.5T and OP-5R:~OP-SB Op.5T&
Op.5R
Resale
Residential single line Pari with retail service 96.5%Diagnostic
service
Business single line Parity wit retail service 96.5%Diagnostic
service
Centrex Parity with retail service 96.5%Diagnostic
Centrex 21 Parity with retail service 96.5%Diaanostic
PBX Trunks Paritv with retail service 96,5%Diaanostic
Basic ISDN Parity with retail service 96.5%Diagnostic
PrimarvlSDN Parity with retail service 96.5%Diagnostic
DSO Parity with retail service 96.5%Diagnostic
DS1 Parity with retail service 96,5%Diaanostic
DS3 and higher bit-Parity with retail service 96.5%Diagnostic
rate services
(aaareaate)
Frame Relay Parity with retail service Diaanostic Diaanostic.Unbundled Netwrk Parity with like retail 96.5%Diagnostic
Element - Platfor service
(UNE-P) (POTS).Unbundled Netwrk Parity with retail Centrex 96.5%Diagnostic
Element - Platform 21
(UNE-P) (Centrex 21 ).Unbundled Netwrk Parity with retail Centrex 96.5%Diagnostic
Element - Platfor
(UNE-P) (Centrex)
Line Splittng Parity with retail RES &96.5%Diagnostic
BUS POTS
Looo Solittina nv,eo Diaonostic Diagnoc Diaonostic
Line Sharing Pari with retail RES &96.5%Diagnostic
BUS POTS
Sub-Looo Unbundling Diagnostic Dianoc Diagnostic
Unbundled Loops:
Analog Loop Parity wit retil Res &96.5%Diagnotic
Bus POTS with dispatch
Non-loaded Loop (2-Parity with retail ISDN 96.5%Diagnostic
wire)BRI (designed)
Non-loaded Loop (4-Parity with retail OS 1 96.5%Diagnostic
wire)
DS1-cpable Loo Parity wit retail OS 1 96.5%Diagnostic
xDSL-1 capable Loop Parity with retail OS 1 96.5%Diagnostic
Priyate Line
ISDN-cpable Loop Parity with retail ISDN 96.5%Diagnostic
BRI (designed)
ADSL-qualified Loop Parity wi retail ISDN 96.5%Diagnostic
BRI (designed)
Loop types of DS3 and Pariy with retail DS3 96.5%Diagnostic
higher bit-rates and higher bit-rate
(aaareaate)services (aggregate)
Dark Fiber - Loop Diagnostic Diagnoic Diagnotic
.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26. 2007 Page 44
.
.
.
.
OP. 5 - New Service Quality (continued).Enhanced Exended Loops Diagnostic until volume 96.5%Diagnostic
(EELs) - (DSO level)criteria are met
.Enhanced Extended Loops Parity with retail DS1 96.5%Diagnostic
(EELsl- lDS11eveil Private Line.Enhanced Extended Loops Diagnostic until volume 96.5%Diagnostic
(EELs) - (above DS1 crteria are met
levell
Rennrted under OP-5A and under Op.5R (Der OP-5A so. cifications\:
IOP-5A OP-5R.LIS Trunks Parity with Feature Diagnostic
GrouD D (aaareaatel
Unbundled Dedicated Interoffce TransDort (UDIT
UDIT (DS1 Level)Parity with Retail Private Diagnostic
Lines lDS1\
UDIT (Above DS1 Level)Parity wih Retail Private Diagnostic
Lines (Above DS1 levell
Dark Fiber - IOF Diaanostic Diaiinostic.E9111911 Trunks Parity with Retail Diagnostic
E911/911 Trunks
Availabilty:Notes:
1.The specified Change order types representing inward activit exclude Change
Available orders that do not involve installation of lines (in both wholesale and retail results).
Specifically this measurement doe not include changes to existing lines, such as
number changes and PIC changes.
2.Including consideration of repeat repair trouble repos (Le., additiol report of
trouble related to the same newly-installed line/circuit that are received after the
preceding repair report is closed and within 30 days following installation
completion) to complete the detennination of whether the newly-installed line/circuit
was trouble free within 30 days of installation.
3.Qwests repair management and tracking systems consist of WFA (Work Force
Administration), MTAS (Maintenance Tracking and Administration System), and
successor repair systems, if any, as applicable to obtain the repair report data for
this measurement. Not included are Call Center Databae systems supportng call
centers in logging calls from customers regarding problems or other inquiries (see
OP-5B and OP-5T).
4.The "following month" includes also the period of a few business days (typically four
or five) afterward, up to the time when Owest pulls the repair data to begin
processing result for this measurement.
5.Includes repair and provisioning trouble reports generated by new processes that
supersede or supplement existing prosse for submitting repair and provisioning
trouble report as specified in Qwests 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 ordrs 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 conted as a miss in OP-5B for Netw reasons will be reduced
by the number of orders wi repair troubles counted as a miss in OP-5A.
7.OP-5R wil be counted on a per ticket basis.
8.Reporting will begin at the time CLECs order the product, in any quantity, for three
consecutive months.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 45
OP-6 - Delayed Days
Purpose:
Evaluates th extent Owest is late in installng services for customers, focusing on the average number of
days tha late orders are comoleted beyond the committed due date.
Description:
OP-6 - Measures the average number of busines days NOTE 1 that service is delayed beyond the
Applicable Due Date for non-facility reasons attbuted to Owst.
· Includes all inward orders (Chang, New, and Transfer orr tys) that are
compltedclosed during the repong peod, later, due to no-facility reasons, thn the
Applicable Due Date rerd by Owst, subject to exclusio spefi below.
OP-6B - Measures th average number of busine days NOTE 1 th serv is delay beyond th
Applicable Due Date for facility reasons atribued to Qwst.
· Includes all inward orders (Change, New, and Transfer orr tys) that are
completed/closed during the reporting period later due to facility reasons thn the original
due date recorded by Owest, subject to exclusions specifed below.
.
For both OP-6A and OP-6B:
· Change order types for additional lines cosist of .C. orders representing inward activity.
· The Applicable Due Date is the orginal due date or, if changed or delayed by the customer, the most
recently revised due date, subject to the following: If Owest changes a due date for Owest reasons,
the Applicable Due Date is the customer-initiated due date, if any, that is (a) subsquent to the
original due date and (b) prior to a Qwest-initiated, change due date, if any. NOT 2
· Time intervals associated with cutomer-initated due date chng or delays ocrrng after th
Applicable Due Date, as applied in the fonnula below, are calclated by subtrng the lates Owet-
initiated due dateN if any, followng the Applicble Due Date, fr th suuent cutoer-initated
due date, if anv. OTE 2Reporting Period: One month I Unit of Mesure: Avera Bune Days
Reporting Disaggregaon Reporng: Statewie level.
Comparisons: . Results for productserv lised under Prouc Repong undr .MSA-ty
CLEC aggregate, Disaggregation" will be reported for OP-6 and OP-6B accrding to ordindividual CLEC involving:
and Owst Retail 1. Dispatches within MSAs;
results 2. Dispatches outside MSAs; and
3. No dispatches:
· Results for productservices listed in Prouct Repoing under .Zone-type
Disaggreation" wil be disaggregated according to installations:
4. In Interval Zone 1 areas; and
5. In Interval Zone 2 areas.
.
Formula:
OP-6 = L((Actual Completion Date of late order for non-facility reasos) - (Applicble Due Date of late
order) - (Time intervals assoiated wih customer-initiated due date changes or delays
occrrng after the Applicable Due Date)) + (Total Number of Late Ordrs for non-facility
reasons completed in the reportng peri)
OP-6B = L((Aclual Completion Date of late order for facilit reasons) - (Appliclle Due Date of late
order))- (Time intervals assoiated wih customer-initiated due date changes or delays
ocrrng after the Applicable Due Date) + (Total Number of Late Orders for facilty reasons
copl~ted in the reporting periOd)
Owst Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 46
.
e
e.
e
op- 6 - Delaved Days (continued)
Exclusions:.Orders affected only by delays that are solely for custome and/or CLEC reasons,.Disconnect, From (another form of disconnect) and Recrd order tyes..Recrds involving offcial company services..Records with invalid due dates or application dates..Recods with invalid copletion dates..Recors with invalid product coes..Records missina data essential to the calculation of the measurement per the PID.
Product Reporting:I Standards:MSA.TvDe Disaaareaation.I.Resale
Residential single line service Pari:i with retail serviceBusiness sinale line service PariV with retail serviceCentrexPariV with retail service
Centrex 21 Pari tv with retail servicDSO (non-designed provisionina)Pari v with retail servicePBX Trunks (non-designed provisioning)Pariiy with retail servicePrimary ISDN (non-designed provisionina)PariV with retail serviceBasic ISDN (non-desianed provisionina)Paritv with retail service.Unbundled Netwrk Element - Platform Parity with like retail service
(UNE-P) (POTS).Unbundled Netwrk Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Netwrk Element - Platform Parity with retail Centrex
(UNE-P) (Centrex).Line Splittina Parity with retail Res and Bus POTS.Loo Splittina NV'~ 0 Diagnostic.Line Sharing Parity with retail Res and Bus POTS.Sub-Loo Unbundling DiagnosticZone-oa Disa....reaation ..Resale
Primarv ISDN (desianed provision ina) Pari V with retail servceBasic ISDN (desianed provisioning)Pari v with retail serviceDSO (designed provisionina)Pari :i with retail serviceDS1PariV with retail servicePBX Trunks (desianed provisionina)Pari V with retail serviceDS3 and higher bit-rate services Parity with retail service(aggregate)
Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group 0 (aggregate).Unbundled Deicated Interoffce Transport IUDIT
UDIT - DS1 level Parity with retail DS1 Private Line- Service
UDIT -Above DS11evel Parity with retail Private Line- Services above DS1
levelDark Fiber - 10F Diagnostic.Unbundled Loops:
Analoa Loo Parity with retail Res and Bus POTS with dispatchNon-loaed Loop (2-wre)Paritv with retail ISDN BRI (desiane)Non-loaded Loop (4-wire)Paritv with retail OS 1 Private Line
DS1-cpable Loop Pari tv with retail OS 1 Private LinexDSL-1 capable Loop Pari iy with retail ISDN BRI (desianed)
ISDN-cpable Loop Pari iy with retail ISDN BRI (desianed)ADSL-Qualified Loop Pariiy with retail ISDN BRI (desianed)Loop ty of DS3 and higher bit-rates Parity wih retail DS3 and higher bit.rate Private(aoorete)Line services (aaarete)
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 47
op- 6 - Delaved Davs (continued)
Dark Fiber - Loo Diagnoti.E911/911 Trunks Parity with retail E9111911 Trunks.Enhanced Exended Loops (EELs) - (DSO Diagnostic
level).Enhance Exended Loops (EELs) - (DS1 OP-6A: Parity with retail DS1 Private Line
level)OP-6B: Diagnostic.Enhanced Exended 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 speified above as
standards. For all other proucts under OP-6A-3 and OP-6B-3, and
for all product under OP-6A-1, -6A-2, -6A-4, -6A-5, -6B-1, -6B-2, -
6B-4, and -6B-5, Saturday is conted as a busine day whn the
service ordr is due or copleted on Saturdy.
2.Accrding to this definit, the Applicble Due Date can chnge, per
succssive cuomer-initted due date changs or delays, up to th
point when a Qwst-initiaed due date change ocrs. At that point,
the Applicable Due Date bemes fixed (Le., wih no furtr changes)
as the date on which it was set prior to the first Qwst-initiated due
date change, if any. Following the first Qwest-initated 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
descrption. (Though infrequent, in cases whre multiple Qwest-
initiated due date changes ocr, the stated method for calculating
delay intervals is applied to each pair of Qwst-initiated due date
change and subseuent cutor-initiated due date chang or delay.
The intervals thus calculated from eac pairing of Qwst an
cutomer-initiated due da are summ and then subtrcted as
indicated in the forula.) The result of this appch is tht Qwt-
initiated impact on intervals are conted in th rerted interval, and
customer-initiate impa on intervals are no conte in th repo
intervaL.
3. Reportng will bein at the time CLECs orer the produc, in any
Quantitv, for three coseutive months.
.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 48
.
.
.
.
OP.7 - Coordinated "Hot Cut" Interval - Unbundled Loop
Purpose:
Evaluates the duration of completing coinated .hot cuts. of unbundle loops, focsing on th time
actallv involved in disconnectna th 100 from the Qwst netwrk and connecinalestina the 100.
Description:
Measures th average time to complete cordinated .hot cuts. for unbundled loops, based on intervals
beginning with the "lift time and ending with the completion time of Owest's applicable tests for the
loop..Includes all cordinated hot cut of unbundled loops that are completed/closed during the
reporting period, subject to exclusions specified below.."Hot cur refers to moving the service of existing customers from Owest's switchlrames to the
CLEC's equipment, via unbundled loops, that wil serve the customers.."Lift time is defined as when Owest disconnect the existing loop.."Completion time" is defined as whn Owest completes the applicable tests after connecting the
1000 to the CLEC.
Reporting Period: One month
I Unit of Measure: Hours and MinutesReporting Comparisons: CLEC I Disaggregaion Reporing: Statewide level.
aggregate and individual CLEC
results
Formula:
L(Completion time - Lif time) + (Total Number of unbundled loops with cordinated cutovers
completed in the reporting period)
Exclusions:.Time intervals associated wih CLEC-cused delays..Recrds missing data essntial to the calculation of the measurement per the PID..Invalid startstoo datesltimes or invalid scheduled dateltimes.
Product Reporting: Coordinated Unbundled Standard:Loops - Reported separately for:CO: 1 hour.Analog Loos All Other States: Diagnostic in light of OP-13.All other Loop Types (Cordinated Cuts On Time)
Availabilty:Notes:
Available
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 49
OP-8 - Number Portbilty Timeliness .Purpoe:
Evaluates the timeliness of cutovers of local number oobilitv ILNP),
Description:
OP-8B - LNP Timeliness with Loop Cordination (percet): Measure the percentage of coordinated
LNP triggers set prior to the scheduled start time for the loop..All orders for LNP cordinated with unbundled loops that are completedclosed during
the reporting period are measured, subject to exclusions specified below.
OP-8C - LNP Timeliness without Loop Cordination (percent): Measures the percentage of LNP
triggers set prior to the Frame Due Time or scheduled start time for the LNP cutover as
applicable..Aii orders for LNP for which cordinatio 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-cdinated,
standalone LNP), subject to exclusions spefied below..For purpses of these measurements (OP-8B and -8e), "triger" refers to the "1o-igit
unconditional trigger" or Line Side Attbute (LSA) tht is set or translated by Ows!...Scheduled start time" is defined as the confinn appontmnt time (as stated on the FOC), or a
newly negtiated time. In the case of LNP cutovers cordinated with loos, th scheduled time
used in this measurement wil be no later than the .Iay" time for the loop.
Reporting Period: One month Unit of Measure: Percent of trggers set on time
Reporting Comparisons: CLEe aggreate 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 cordinated with unbundled loops completed)) x 100
OP-8 = ((Number of LNP trggers set before the Frame Due Time or Scheduled Start Time) + (Total
Number of LNP activations without lop euer coplted)) x 100
Exclusions:.CLEC-cused delays in trigger settng..LNP requests that do not involve automatic trrs (e.g., DID line with separate, unique
telephone numbers and Centrex 21)..LNP requests for which th record use as sorce of da for thes mesurements have the
following types of errors:-Recrds 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.-Recods missing data essential to the calculation of the measurement per the PID.-Invalid startstop dates/times or invalid frme due or schuled date/times,
Product Reportng: None Standard:95%
Availabilit:Notes:
Available
.
Qwestldaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page SO
.
.
.
.
OP-13 - Coordinated Cuts On Time - Unbundled loop
Purpose:
Evaluates the percntage of cordinated cuts of unbundled loops that are coplete on time, focusing
on cuts copleted within one hour of the committed order due lime and the percent that were started
without CLEC approval.
Description:
· Includes all LSRs for cordinated cuts of unbundled loos that are copleteclosd during the
reporting period, subject to exclusions specied below.
· OP-13A - Measures the percentage of LSRs (CLEC orders) for all cordinated cuts of unbundled
loops that are started and copleted on time. For cordinated loop cu to be counted as .on
time" in this measurement, the CLEC must agree to the start time, and Owt must (1) receive
verbal CLEC approval before starting the cut or lifting the loop, (2) coplete the physl work and
appropriate tests, (3) complete the Owest porion of any associated LNP orders and (4) call the
CLEC with completion information, all within one hour of the time interval defined by the
committed order due time.
· OP-138 - Measures the percentage of all LSRs for cordinated cu of unbundled loops that are
actually started without CLEC approvaL.
· .Scheduled start time" is defined as the confirmed appointment lime (as stated on th FOC), or a
newly negotiated appointment time.
· The .committed ordr due time" is based on the number and ty of loops involved in the cut and
is calculated by adding the applicable time interval fro the following list to the scheduled start
time:
- Analog unbundled loops:1 to 16 lines: 1 Hour
17 to 24 lines: 2 Hours25+ lines: Project'
- All other unbundled loops:1 to 5 lines: 1 Hour
6 to 8 lines: 2 Hours9 to 11 lines: 3 Hours
12 to 24 lines: 4 Hours25+ lines: Project'
'For Projects scheduled due dates and scheduled start times will be negotiated betwen CLEC
and Owst, but no committed orer due time is established. Therefore, projects are not included
in OP-13A (see exclusion below).
· .Stop" time is defined as when Owest notifies the CLEC that the Owst physcal work and th
appropriate tests have been successfully accmplished, including the Owest portion of any
cordinated LNP ordrs.
· Time intervals following the scheduled start time or during the cutover pross associated with
customer-euse delays are subtracted from the actual cutover duration.
· Where Owests records of completed cordinated cut transaons are missing evidence of CLEC
approval ofthe cutover, the cut wil be counted as a miss under both OP-13A and OP-13B.Reporting Period: One month I Unit of Measure: Percent
Reporting Comparisons: CLEC Disaggregation Repong: Statewie leveL.
aggreate and individual CLEC Results for this measurement will be reported accing to:result . OP-13A Cuts Completed On Time
OP-138 Cuts Started Without CLEC Approval
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit 8 June 26, 2007 Page 51
OP-13 - Coordinated Cuts On Time - Unbundled Loop (continued)
Formula:
OP-13A = ((Cont of LSRs for Coordinated Unbundled Loop cuts completed .On Time") + (Total
Number of LSRs for Coordinated Unbundled Loop Cuts copleted in the reporting period))
x 100
OP-13B = ((Count of LSRs for Coordinated Unbundled Loop cuts whose actual start time occrs
without CLEC approval) + (Total Number of LSRs fo Coinated Unbundle Loop Cut
completed in the reporting period)) x 100
Exclusions:
Appli~ble to OP-13A:.Loop cuts that involve CLEC-requested non-standard methologies, prosse, or timetines.
OP-13A & OP-13B:.Records with invalid completion dates..Records missing data essential to the calculation of the measurement per the PIO which are not
otherwise designated to be .counted as a miss"..Invalid startstop dateslimes or invalid scheduled date/times..Projecs involvinQ 25 or more lines.
Product Reporting: Coordinated Unbundled Standards:
Loops - Reported separately for:OP.13A:.Analog Loos AZ: 90 Percent or more.All Other Loops All Oter State: 95 Percnt or more
OP-13B:Oiainostic
Availabilty:Notes:
Available
.
.
Qwet Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 52
.
.
.
.
OP.15 -Interval for Pending Orders Delayed Past Due Date
Purpoe:
Evaluates the extent to which Owest's pending orders are late, focusing on the averae number of days the
pedino orders are delayed oast the Aoolicable Due Date, as of the end of the reportno peri.
Description:
OP-15A - Measures the average number of business days that pending orders are delaye beyond the
Applicable Due Date for reasons attributed to Owest..Includes all pending inward orders (Change, New, and Transfer orr types) for which the Applicable
Due Date recorded by Owest has been missed, subject to exclusions specified below. Change ordr
tyes included in this measurement consist of all .C. orders representing inward activity..The Applicable Due Date is the original due date or, if changed or delayed by the customer, the mos
recently revised due date, subject to the fOllowing: If Owest changes a due date for Owest reasons, the
Applicable Due Date is the customer-initated due date, if any, that is ~a) subsequent to the original due
date and (b) pror to a Owest-initiated, changed due date, if any. NOTE.Time intervals assoiated with customer-initiated due date changes or delays occrrng after the
Applicable Due Date, as applied in the fonnula below, are calculated by subtracting the latest Owest-
initiated due date, if any, following the Applicable Due Date, from the subsequent customer-initiated due
date, if any. NOTE 1
OP-15B - Reports the number of pending orders measured in the numerator of OP-15A that were delayedfor Owest facilty reasons.
Reporting Period: One month
I Unit of Measure:
OP-15A - Average Business Days NOTE2
OP-15B - Number of ordrs Dendina faciltiesReporting Comparisons:
I Disaggregation Reportng:
CLEC aggreate, individual CLEC, Owest retail Statewide
Formula:
OP-15A = I:((Last Day of Reportng Period) - (Applicable Due Date of Late Pending Order) - (Time
intervals associated with customer-initiated due date changs or delays occurrng after the
Applicable Due Date)) + (Total Number of Pending Orders Delaye for Owet 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 facilit
reasons
Exclusions:
. Discnect, From (another form of discnnect) and Record order tyes.
· Records involving offcial company service.
· Records with invalid due dates or application dates.
. Records with invalid product coes.
· Records missing data essential to the calculation of the measurement per the PID,
Owest ldahoSGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 53
OP-15 -Interval for Pending Orders Delayed Past Due Date (continued)
Product Reporting:Standards: OP-15B = diagnostic only
ForOP-15A:.Resale
Residential sinrile line service Diarinotic Expecttion: Parity with retail service
Business sino Ie line service Diaanostic Expecttion: Paritv with retail service
Centrex Diaonostic Exoectation: Paritv with retail service
Centex 21 Diarinostic Expectation: Parity with retail service
PBX Trunk Diaonostic Exoecttion: Parity with retail servce)
Basic ISDN Diaonostic Expecttion: Paritv with retail service
Primarv ISDN Diagnostic Expectation: Parity with retail servicel
DSO Diarinostic Expectation: Parity with retail service)
DS1 Diarinostic Expetion: Parity with retail service)
DS3 and higher bit-rate services Diagnoic (Expetion: Pari with retail service)
(aririreriate)
Frame Relav Diaanoc CExoen: Parit with retail service).Unbunded Netwrk Element - Platrm Diagno (Expetin: Pari with retail service)
(UNE-P) (POTS).Unbundled Netwrk Element - Platform Diagnost (Expeation: Pari with retail Centrex 21)
CUNE-Pl CCentrex 21 ).Unbundled Network Element - Platform Diagnostic (Expectation: Parity with retail Centrex)
(UNE-P) (Centrex).Line Splittng Diagnostic (Expecttion: Parity with retail Res and
Bus POTS).Loo Solittino NUI~"Diagnostic.Line Sharing Diagnosti (Expectation: Parity with retail Res and
Bus POTSl.Sub-Looo Unbundlini Diagnostic.LIS Trunks Diagnosic (Expetion: Parity with Feature Group D
Caareoate Ì) CseoartelY reoorted).Unbundled Dedicated Interoffce Transprt (UDIT)
UDIT - DS1 level Diagnoic (Expecttion: Parity with DS1 Private
Line Service) ,
UDIT - Above DS1 level Dianotic (Expe: Parity wi Private Line-
Service aboe DS1 level)
Dark Fiber - 10F Diarinoic.Unbundled Loops:
Analog Loo Diagnostic (Expecttion: Parity with retail Res and
Bus POTS with dispatch)
Non-loaded Loop (2-wire)Diagnostic (Expecttion: Parity with retail ISDN BRI
"Cdesionedil
Non-loaded Loop (4-wire)Diagnostic (Expectation: Parity with retail DS 1)
DS1-capable Loop Diarinostic (Expecttion: Parity with retail DS 1)
ISDN-cpable Loop Diagnostic (Expectation: Parity with ISDN BRI
(deskine))
ADSL-qualified Loop Diagnoti (Expetion: Parity with retail ISDN BRI
(desirine)) .
Loop types of DS3 or higher bit rate Diagnostic (Expecttion: Parity with retail DS3 and
Caaareaate)hiriher bit-rte services (agrireite)
Dark Fiber - Loo Diarinostic.E9111911 Trunks Diagnostic (Expecttion: Parity with retail E911/911
Trunks).Enhanced Exended Looos CEELs)Diagnostic
.
.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 54
.
.
.
.
OP-15 -Interval for Pending Orders Delayed Past Due Date (continued)
Availabilty:
Available
Notes:
1. Accoding to this definition, the Applicable Due Date can chnge, per
successive customer-initiated due date changes or delays, up to the point
when a Qwest-initiated due date change occurs. At that point, th Applicble
Due Date becmes fixed (i.e., with no further changes) as the date on which it
was set prior to th first Qwest-initiated due date change, if any. Following
the first Qwest-initiated due date change, any furter 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 infruent, in caes where multiple Qwst-
initiated due date changes occur, the stted method for calculating delay
intervals is applied to each pair of Qwest-initiated due date change and
subsquent customer-initiated due date change or delay. The intervals thus
calculated frm 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 Qwst-initiated impact on intervals are counted in the
reported interval, and customer-initiated impac on intervls are not counted
in the reported intervaL.
2. For OP-15A, Saturday is conted as a business day for all non-dispatched
orders for Resale Residence, Resale Business, and UNE-P (POTS), as well
as for non-ispatchedorders in the retail analogues specified above as
standards. For all other non-dispatched product and for all disptched
products under OP-15A, Saturday is not counted as a business day.
3. Reporting will begin at the time CLECs order the product, in any quantity, for
three consecutive months.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 55
Op.17 - Timeliness of Disconnects associated wit LNP Orders .Purpe:
Evaluates the quality of Qwest copleting LNP telepho number poing, focsing on the degree to
which porting ocurs without implementing asocated discnec before the scduled time/date.
Description:
Op.17A.Measures the percntage of all LNP telephone numbers (Ts), both stand alone and assocated with
loops, that are poed without th incidence of discnect beng ma by Qwst before the
scheduled time/date, as identified by associated qualifying truble 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 Qwst 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 cosidered timely if received by Qwest before 8:00
p.m. MT on the current due date of the LNP order recrded by Qwst.
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 qualifying truble reports.-Includes only disconnects assoated wi untimely CLEC reue for delaying the
disconnects.-A CLEC request for delay of disconecon is considere .untime if received by Qwest
after 8:00 p.m. MT on the current due date of the LNP orr recoed by Qwest and before
12:00 p.m, MT (noon) on the day after the current due date..Disconects are defined as the removal of switch trnslations, including the 1o-igit tngger..Disconects that are implemented early, and thus conted as a .miss. under this measurement, are
those that the CLEC identifies as such to Qwst via troble report, within four calendar days of the
actal disconnect date, that are confirmed to be caused by disconnect being mad before the
scheuled time..Includes all CLEC orders for LNP TNs copleted in the repoing period, subje to exclusions
soecied below.
Reporting Period: One moth Unit of Measure:Percent
Reporting Comparisons: CLEC Aggreate Disagrega Repo:Staewde
and Individual CLECForula:
((Total number of LNP TNs ported pursnt to orders copled in th repong period - Number of TNswith qualifying trouble repor noifyng Owt tht discecton befor th scedule time has ocurred)
+ Total Number of LNP TNs poed pursuant to orders copleted in the repong period x 100
.
Qwestldaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 56
.
.
.
.
OP-17 - Timeliness of Disconnects associated with LNP Orders (continued)
Exclusions:
OP-17Aonly.Trouble repos notifying Qwst of early disconne associated with situations for which the CLEC
has failed to submit timely requests to have disconnect held for later implementation.
OP-17A&B.Trouble reports not related to valid requests (LSRs) for LNP and assated disconnec..LNP requests that do not involve automtic triggrs (e.g., DID lines wihout separate, unique TNs,
and Centrex 21)..Recods with invalid trouble receipt dates..Records with invalid cleared, closd or due dates..Records with invalid product coes..Records missing data essential to the calculation of the measurement per the PID.
OP-17Bonly.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
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 57
Maintenance and Repair .
MR.2 - Calls Answered within 20 Seconds -Interconnect Repair Center
Purpose:
Evaluates Customer accss to Qwsts Interconnection and/or Retail Repair Center(s), focusing on
the number of calls answred within 20 seconds.
Description:
Measures the percentage of Interconnection and/or Retail Repair Center calls ansred within 20
seconds of the first ring..Includes all calls to the Intercnec Repair Center durng th repong period, subject to
exclusions specified below..First ring is defined as when the customts call is firs plac in queue by th ACD (Automatic
Call Distributor)..Answer is defined as when the call is first picked up by th Owt agent..Abandoned calls and busy calls are conted as calls which are not answere wihin 20 seconds.
Reporting Period: One month Unit of Measure: Perct
Reporting Comparisons: CLEC aggregate and Disaggregation Reportng: Region-wide leveL.
Owest Retail levels,
Forula:
((Total Calls Answered by Center within 20 seconds) + (Total Calls received by Center)) x 100
Exclusions: Time spent in the VRU (Voice Respose Unit) is not counted.
Prodct Reporting: None Standard: Pari
Availability:Notes:
Available
.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 58
.
.
.
.
MR-3 - Out of Service Cleared within 24 Hours
Purpose:
Evaluates timeliness of repair for spefied service, focusing on trouble report where the out-of-
service trouble report were cleared within the standard estimate for specified services (i.e., 24 hours
for out-of-service conditions L.
Description:
Measures the percentage of out of service troble report, involving specified services, that are
cleared within 24 hours of receipt of trouble reports frm CLECs or from retail customers.
· Includes all trouble reports, closed during the reporing period, which involve a specified service
that is out-of-service (i.e., unable to place or receive calls), subject to exclusions speified below.
· Time measured is from date and time that Qwest is first notifed of the trouble by CLEC to date
and time trouble is cleare.Reporting Period: One month I Unit of Measure: Percent
Reporting Disaggregation Reportng: Statewide leveL.
Comparisons: · Results for productservices listed in Prouct Reporting under "MSA-Typ
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 prouct/services listed in Product Reporting under "Zone-type
Disaggregation" wil be disaggregated accrding to trouble report involving:
MR-3D In Interval Zone 1 areas; and
MR-3E In Interval Zone 2 areas.
Formula:
((Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24
hours) + (Total Number of Out of Service Trouble Reports closed in the reporting period)) x 100
Exclusions:
· Trouble reports coed as follows:
- For products measure from MTAS data (prouc listed for MSA-type disaggregation),
trouble report coed to dispoition coes for: Customer Action; Non-Telco PI¡:nt; Trouble
Beyond the Netwrk Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE,
Customer Instction, Carner, Altemate Provider).
- For products measured fro WFA (Workorce Administration) data (products listed for Zone-
tye disaggregation) truble reports coded to trouble coes for Carner Action (IEC) and
Customer Provided Equipment (CPE).
· Subsequent trouble reports of any trouble before th original trouble report is closed.
· Information tickets generated for internal Qwest system/netwrk monitoring purpes.
· Time delays due to "no access" are excluded from repair time for productsservices listed in
Product Reporting under "Zone-ty Disaggregtion".
· For products measured from MTAS data (product listed for MSA-tye disaggregtion), trouble
reports involving a "no accss. delay.
· Trouble reports on the day of installation before the installation wo is reported by the
technician/installer as complete.
· Records involving offcial company services.
· Records with invalid trouble receipt dates.
· Recods wih invalid cleared or closed dates.
· Recds with invalid product coes.
· Recods missino data essential to th calculation of the measurement oar the PID.
Qwest Idaho SGAT Third Revision, Eighth Amended Exibit B June 26, 2007 Page 59
MR-3 - Out of Service Cleared within 24 Hours (Continued)
Product Reporting:Stadard:
MSA-TvDe Disaaareation .I.Resale
Residential single line service Pari y with retail servic
Business single line service Pari y with retail service
Centrex Pari v with retail service
Centrex 21 Pari y with retail service
PBX Trunks Pari y with retail service
Basic ISDN Pari y with retail service.Unbundled Netwrk Element - Platform Parity with approriate retail service
(UNE-P) (POTS)
. Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Netwrk Element - Platform Parity with retail Centrex
(UNE-P) (Centrex).Line Splittina Pari with retail RES and BUS POTS.Loop Splittina NU'~'Diagnostic.Line Sharing Parity with retail RES and BUS POTS
.Sub-Loop Unbundling CO: Pari wit reilISDN-BRI
All Otr State: Diaanostic
Zone-tDé Disaaareaation ..Unbundled Loops
Analog Loop Pari y with retail Res and Bus POTS
Non-loaded Loop (2 wire)Pari y with retaiIISDN-BRI (desianed)
xDSL-1 capable Loop Pari v with retail DS1 Private Line
ISDN-caoable Loop Pari v with ISDN-BRI (desianed)
ADSL-aualified Loop Pari y with retaiIISDN-BRI (deigne)
Availability:Notes:
Available 1.Reportng will bein at th ti CLECs orr
th proct in any quanti, for three
consee month.
.
.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Pag 60
.
.
.
.
MR-4 - All Troubles Cleared within 48 hours
Purpose:
Evaluates timeliness of repair for spefied service, focusing on trouble report of all tys (both out
of servce and service affecting) and on the number of such truble report cleared within the standard
estimate for specified serices-CLe., 48 hours for service-affectina conditions).
Descñption:
Measures the percentage of trouble reports, for speifie services, that are cleared wihin 48 hours of
receipt of trouble report from CLECs or from retail customers.
· Includes all trouble repors, cloed during the reporting period, which involve a specified service,
subject to exclusion specified below.
· Time measured is from date and time that Owest is first notifie of the trouble by CLEC to date
and time trouble is cleared,Reporting Peñod: One month I Unit of Mesure: Percent
Reporting Disaggregation Reporing: Statewide leveL.
Compañsons: . Results for prouct/services listed in Prouct Reporting under "MSA-Type
CLEC aggregate, Disaggretion" will be disaggreated and reported accrding to trouble
individual CLEC reports involving:
and Owest Retail MR-4A Dispatches wihin MSAs;
results MR-4B Dispatches outside MSA; and
MR-4C No dispatchs.
· Results for prouctservices listed in Product Reportng under "Zone-tye
Disaggregatin" will be disaggregated accrding to trouble report involvng:
MR-4D In Interval Zone 1 areas; and
MR-4E In Interval Zone 2 areas
Formula:
((Total Trouble Reports closed in the reporing perid that are clare within 48 hours) + (Total Trouble
Reports closd in the reporting period)) x 100
Exclusions:
· Trouble repos coed as follows:
- For products measured frm MTAS dat (pruct listed for MSA-type disaggregation),
trouble report coed to dispoition cos for: Customer Action; Non-Telco Plant; Trouble
Beyond the Netwrk Interface; and Miscellaneous - Non-Dispatch, non-Qst (includes CPE,
Customer Instruction, Carrr, Alternte Provider).
- For products measured from WFA (Wororc Administrtion) data (product listed for Zone-
type disaggregation) trouble report coded to truble cos for Carrer Action (IEC) and
Customer Provided Equipment (CPE).
· Subsequent trouble report of any trouble before the original trouble report is closd.
. Information tickets generated for internl Owest system/netwrk monitoring purposes.
· Time delays due to "no accss" are exclud frm repair time for productservices listed in
Product Repoing under "Zone-tye Disaggregation".
· For products measured from MTAS data (proucts listed for MSA-type disaggregation), trouble
reports involving a "no accss. delay.
· Trouble reports on the day of installation beore the installatio work is reported by the
technician/installer as complete.
· Recrds involving offcial copany services.
· Records with invalid trouble receipt dates.
· Records with invalid cleared or closed dates.
· Recds with invalid produc coes.
· Records missina data essntial to the calculation of the measurement per the PID.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 61
MR-4 - All Troubles Cleared within 48 Hours (Continued)
Product ReDOrtina:I Standard:
MSA-TvDe Disaareaation-I.Resale
Residential sinale line service Par tv with retail service
Business single line servce Pan tv with retail service
Centrex Paritv with retail service
Centrex 21 Pan Iv with retail service
PBX Trunks Pan Iv with retail service
Basic ISDN Pan tv wih retail service.Unbundled NetwrK Element - Platrm Pari wih apprate retail service
(UNE-P) (POTS).Unbundled NetwrK Element - Platrm Pari wih retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled NetwrK Element - Platorm Pari wih retail Centre
(UNE-P) (Centrex).Line Splitting Pari with retail RES and BUS POTS.Loop Splitting Nv.e Diagnostic.Line Sharing Pari wih retail RES and BUS POTS.Sub-Loop Unbundlina Diagnostic
Zone-Tvne Disanoreaation-.Unbundled Loops:
Analoa Loop Paritv with retail Res and Bus POTS
Non-loaded Loop (2 wire)Paritv with retaiIISDN-BRI (designe)
xDSL-1 capable Loop Pari tv wih retail OS 1 Private Line
ISDN-capable Loop Pari tv with reilISDN-BRI (deigne)
ADSL-aualified Loo PariIv wih retailISDN-BRI (deianel
Availability:Nots:
Available 1.Repong wil bein at th time CLECs orr
th prouc in any quanti, fo three
coecuve months.
.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 62
.
.
.
.
MR-5 - All Troubles Cleared within 4 hours
Purpe:
Evaluates timeliness of repair for specified services, focusing on all trouble repo of all tys
(including out of service and service affecting trubles) and on the number of such trouble report
cleared within the standard estimate for sDecified service (i.e., 4 hours).
Description:
Measures the percentage of trouble report for specified services that are cleared within 4 hours of
receipt of trouble report from CLECs or from retail customers..Includes all trouble reports, closed during the reporting period, which involve a specified service,
subjec to exclusions specified below..Time measured is from date and time that Owst is first notified of the trouble by CLEC to date and
time trouble is cleared.
Repoing Period: One month Unit of Measure: Percent
Reporting Comparions:Disaggregation Reporting: Statewide leveL.
CLEC aggregate, individual Results for listed product will be disagregated according to troubleCLEC 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 perio that are cleared within 4 hours) + (TotalTrouble Reports closed in the reporting period)) x 100
Exclusions:.Trouble reports cod as follows:-For proucts measured using WFA (Workor Administration) data (prouct listed for Zone-
tye disaggregation) trouble report coed to trouble coes for Carrer Acton (IEC) and
Customer Provided Equipment (CPE)..Subsequent trouble reports of any trouble before the original trouble report is close..Information tickets generated for intemal Owst system/netw monitoring purpes..Time delays due to "no access. are excluded frm repair time..Trouble report on the day of installation before the installatio wo is reported by thetechnicianlinstaller as complete..Recods 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 oer the PID.
Owest Idaho SGAT Third Revision, Eighth Amended Exibit B June 26, 2007 Page 63
MR-5 - All Troubles Cleared within 4 hours (continued).Product Reporting:Standards:
Zone.Type Disaggregaion.I.Resale
Primary ISDN Pari wi retail servce
DSO Pari wi retail servce
DS1 Parit wih retail servce
DS3 and higher bit-rate services Parity wih retail servce
(aooreaatef
Frame Relav Parity with retail service.LIS Trunks Parity wih Feature Group D (agaregate).Unbundled Deicated Interoffce Transport (UDITI
UDIT - DS1 level Parity with DS1 Private Line Service
UDIT -Above DS11evei Parity with Private Line Services above DS1 level.Unbundled Loops:
Non-loaded Looo (4-wirel Parity with retail DS1
DS 1-capable Loop Parity with retail DS1
Loop tyes of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services
(aaareaate I -(aggregte).E911/911 Trunks Parity wih retail E9111911 Trunks.Enhanced Exended Loops (EELs) - (DSO Dianoc
level).Enhanced Exended Loops (EELs) - (DS1 Parity wih retail DS 1 Priate Line
level).Enhanced Exended Loops (EELs) - (D53 Diagnostic
level)
Availabilty:Notes:
Available
.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 64
.
.
.
.
MR-6 - Mean Time to Restore
Purpoe:
Evaluates timeliness of reoair, focsina how lona it takes to restore services to orooer ooeration.
Description:
Measures the time actually taken to clear trouble repo..Includes all trouble reports closed during the reporting period, subjec to exclusions specified below..Includes customer direct reports, customer-relayed repor, and test assist report 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.
Reporing Period: One month
r Unit of Measure: Hours and MinutesReportingDisaggregation Reporing: Statewide leveL.Comparisons:.Results for producUservices listed in Prouct Repoing under "MSA-TypeCLEC aggregate,Disaggregation" will be reported accrding to trouble report involving:individual CLEC MR-6A Dispatches within MSAs;and Owest Retail MR-6B Dispatches outside MSAs; andresultMR-6C No dispatches..Results for proucts/services listed in Prouct Reportng under "Zone-type
Disaggregation. wil be disaggregated accrding to troble report involving:
MR-6D In Interval Zone 1 areas; and
MR-6E In Interval Zone 2 areas,Formula:
L((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) + (Total number of
Trouble Repos closed in the reporting period)
Exclusions:.Trouble reports cod as follows:-For product measured from MTAS data (product listed for MSA-ty disagregation), trouble
reports coed to disposition coes for: Customer Acion; Non-Telco Plant; Trouble Beyond the
Netwrk Interface; and Miscellaneous - Non-Dispatch, non-Owest (includes CPE, Customer
Instruction, Carrier, Altemate Provider).-For products measured from WFA (Workforc Administrati) data (products listed for Zone-
type disaggregation) trouble reports coed to trouble coes for Carrer Action (lEG) and
Customer Provided Equipment (CPE)..Subsquent trouble reports of any trouble before the original trouble report is close..Trouble repors from MTAS or WFA that are coed as No Trouble Found or Test Okay and with
durations of less than or equal to 1 hour..Information tickets generated for intemal Owest system/netwrk monitorng purposes..Time delays due to "no access" are excluded from repair time for pruct/services listed in Product
Reporting under "Zone-tye Disaggregation"..For product measured from MTAS data (products listed for MSA-tpe disaggregation), truble
repos involving a .no accss. delay..Trouble reports on the day of installation before th installation work is reported by the
technicianlinstaller as complete,.Recs involving offcial company services..Records with invalid trouble receipt dates..Records wih invalid cleared or closed dates..Records with invalid product codes..Records missing data essential to the calculation of the measurement oer the PID.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 207
Page 65
Product RePOing:
MSA-Tvn Disaooraoation-
. Resale
Residential sinale line service
Business sinale line service
centrex
Centrex 21
PBX Trunks
Basic ISDN
. Unbundled Netwrk Element - Platform
(UNE-P) (POTS)
. Unbundled Netwrk Element - Platfrm
(UNE-P) (Centrex 21 )
. Unbundled Netwrk Element - Platrm
(UNE-P) (Centrex)
. Line Splittna
. Loop Splitting NU''''
. Line Sharing
. Sub-Loop Unbundling
I Standards:
i
.MR-6 - Mean Time to Restore (Continued)
Pari v with retail service
Pari v with retail service
Pari y with retail service
Pari v with retail service
Pari v with retail service
Pari v wi retail service
Parity with like retail servce
Pari with retail Centrex 21
Parity with retail centrx
Parity with retail RES and BUS POTS
Diagnostic
Parity with retail RES and BUS POTS
CO: Parity with retail ISDN-BRI
All Other States: Diaanostic
Zone- Tvne Dis..oreoation -
. Resale
Primarv ISDN
DSO
DS1
DS3 and higher bit-rate services
(aggregate)Frame Relay Parity with retail service
. LIS Trunks Parity wih Feature Grop D (agreate)
. Unbundled Dedicated Interoffce Transort (UDITUDIT - DS1 level i Pari wih retail DS1 Private Line
UDIT - Above DS 1 level I Parity wih retail Private Lines aboe DS1 levelDark Fiber - 10F I Diagnostic
. Unbundled Looos:
Analog Loop
Non-loaded Loop (2-wire)
Non-loaded Loop (4Cwire)
DS 1-capable Loop
xDSL-1 caoable Looo
ISDN-coable Looo
ADSL-oualified Loop
Loop types of DS3 and higher bit-rates
(aggregate)
Dark Fiber - Loop
. E911/911 Trunks
. Enhanced Exended Loops (EELs) - (DSO
level)
. Enhanced Exended Loops (EELs) - (DS 1
level)
. Enhanced Extended Loops (EELs) - (DS3
level)
Parity with retail service
Parity wi retail service
Parity wi retail service
Parity with retail service
Parity with retail Res and Bus POTS
Parity with retail ISDN BRI (designed)
Parity with retail DS 1 Private Line
Parity with retail DS 1 Private Line
Pari v with retail DS1 Private Line
Pari v with retail ISDN BRI (desianed)
Pari with retail ISDN BRI (desianed)
Parity with retail DS3 and higher bit-rate Private
Line services (aggregate)
Diagnostic
Parity with retail E9111911 Trunks
Diagnostic
.
Party with retail DS1 Private Line
Diagnostic
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 66
.
.
.
.
MR-6 - Mean Time to Restore (Continued)Availabilty: Notes:Available 1. Reporting will bein at the lime CLECs order
the prouct, in any quanti, for three
consecutive months.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 67
MR-7 - Repair Repeat Report Rate
Purpose:
Evaluates the accuracy of repair action, focsing on th number of repeated trouble reports recived
for the same line/circuit within a specified period (30 calendr days),
Description:
Measures the percentage of truble reports that are repeated within 30 days on end user lines and
circuits.
. Includes all trouble report closed during the reporting period that have a repeated trouble report
received within thirt (30) days of the initial trouble report for the same service (regardless of
whether the report is about the same type of trouble for that service), subject to exclusions
speified below.
. In detennining same service Owst will copare the end user telephone number or circuit accss
code of the initial trouble reports closed during the reporting period with reports received within 30
days of when the initial truble repor closed.
. Includes repors due to Owest netwrk or system causes, customer-direct and customer-relayed
reports.
. The 30-day period applied in the numerato of the fonnula be is frm the date and time tht the
initial trouble report is closed to the date and time that the next, or "rpeat" trouble report is
received (i.e., opened).
.
,
Reporing Period: One month, reported in Unit of Measure: Percent
arrears (i.e., results first appear in report one
month later than result for measurements that
are not reportd in arrears), in order to cover the
3O-av period followini: the initial trouble report,
Reporing Disaggregation Reporting: Statewide leveL.
Comparisons: . Results for productservices listed in Prouct Reporting under "MSA-TypeCLEC Disaggregation" will be reported accding to trouble report involving:
aggregate, MR-7A Dispatches within MSAs;
individual MR-7B Dispatch oude MSAs; andCLEC and MR-7C No dispatches.
awest Retail . Results for prouctservice listed in Prouc Repoing under "Zo-ty
result Disagretion. will be disgregated acrding to truble repo involving:
MR-7D In Interval Zon 1 areas; and
MR-7E In Interval Zo 2 ares..Formula:
i (Total trouble reports closed within the repong peri that had a repeate trble repo reived
within 30 calendar days of whn th initial trouble report closd) + (Total number of Trouble Reports
Closed in the reportng period)) x 100
Exclusions:
. Trouble reports coded as follows:
- For products measured frm MTAS data (products listed for MSA-type disaggregation),
trouble report coded to dispoition coes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Netwrk Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE,
Customer Instrcton, Carrer, Alternate Provider).
- For products measured from WFA (Workrce Administrati) data (products listed for Zone-
tye disaggregation) truble report coed to trble coes fo Carrr Acton (IEC) and
Customer Provided Equipment (CPE),
. Subsequent trouble repo of any trouble before the original trouble report is closed.
. Inforation tickets generated for internal awest system/netwrk monitorng purpses.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving offcial copany services.
. Records with invalid trouble receiot dates,
awest Idao SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 68
.
.
.
.
MR-7 - Repair Repeat Report Rate (Continued)
.Records with invalid cleared or closed dates..Records with invalid product cods..Recors missina data essntial to the calculation of the measurement oer the PID.
Product ReDorting:Standards:
MSA.TvDe Disaaareaation-i.Resale
Residential sinale line service Pari!v wih retail service
Business sinale line service Paritv with retail service
Centrex Pari!v with retail service
Centrex 21 Paritv with retail service
PBX Trunks Pari!v with retail service
Basic ISDN Pari!v with retail service.Unbundled Netwrk Element - Platform Parity with like retail service
lUNE-P) lPOTS)
. Unbundled Network Element - Platform Parity with retail Centrex 21
lUNE-P) (Centrex 21 ).Unbundled Netwrk Element - Platform (UNE-Parity with retail Centrex
P) lCentrex).Line Splitting Pari with retail Res and Bus POTS
.Loop Splitting NUl" 1 Diagnostic
.Line Sharing AZ & CO: Parity with retail Res and Bus POTS
All Other States: Diagnotic Comparison with
retail Res and Bus POTS.Sub-Loop Unbundling CO: Pari with Retail ISDN-BRI
All Oter States: Diaanostic
Zone- TVDe Disaaareaaion -.Resale
Primary ISDN Paritv with retail service
DSO Paritv with retail service
DS1 Paritv with retail service
DS3 and higher bit-rate services Parity with retail service
laaareaatef
Frame Relav Parity with retail service.LIS Trunks Parity wih Feature Group D (aggregate).Unbundled Deicated lnteroffce Transport lUDln
UDIT - DS1 level i Paritv wih retail DS1 Private Line
UDIT - Above DS1 level i Paritv with retail Private Line above DS1 level
Dark Fiber - 10F I Diaanostic.Unbundled Loops:
Analoa LOOD Pari Iv with retail Res and Bus POTS
Non-loaded LOOD l2-wire)Pari Iv with retail ISDN BRI ldesianed)
Non-loaded LOOD l4-wire)Pari Iv with retail OS 1 Private Line
OS 1-caoable LOOD pa¡IV with retail DS1 Private Line
xDSL-1 caDable Loop Pari Iv with retail DS1 Private Line
ISDN-capable Loop PariIv with retail ISDN BRI ldesiane)
ADSL-aualified Loop Paritv wih retail ISDN BRI (desianed)
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rte Private
(aaareaate)Line services (aaareate)
Dark Fiber - LOOD Diaanostic.E911/911 Trunks Parity with retail E9111911 Trunks
Owest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 69
MR-7 - Repair Repeat Report Rate (Continued)..Enhanced Extended Loops (EELs) - (D80 Dinostic
level).Enhanced Extended Loops (EELs) - (D81 Pari wi retail D81 Private Line
level).Enhancd Exended Loops (EEls) - (D83 Diagnostic
level)
Availability:Nots:
Targeted availabilty with July 200 1,Reping will begn at th time CLECs orr
reults reported in September 2004 the prouct, in any quanti, for thre
consecue months.
.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Pag 70
.
.
.
.
MR-8 - Trouble Rate
Purpoe:
Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or
element.
Descrption:
Measures trouble reports by product and copares them to the numbr of lines in service..Includes all trouble reports closed during the reporting period, subject to exclusions specfied
below..Includes all applicable trouble report, including those that are out of service and those that are
onlv service-affectina.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate,Disaggregtion Reportng: Statewide leveL.
indivdual CLEC and Owest Retail results
Formula:
((Total number of trouble report closed in the reporting period involving the specifed service
grouping) + (Total number of the specified services that are in service in the reporting period)) x 100
Exclusions:.Trouble reports coed as follows:-For products measured from MTAS data, trouble reports coed to dispoition coes for:
Customer Action; Non-Telco Plant Trouble Beyond the Netwrk Interface; and Miscellaneous
- Non-Dispatch, non-Owest (includes CPE, Customer Instruction, Carrer, Alternate Provider).-For proucts measured from WF A data trouble reports codd to trouble cos for Carrer
Action (lEG) and Customer Provided Equipment (CPE)..Subsequent trouble reports of any trouble before the original trouble report is closed..Information tickets generated for internal Owest system/netw monitoring purposes,.Troble reports on the day of installatio before the installation work is reported by the
technician/installer as complete..Records involving offcial company services..Recods with invalid trouble receipt dates..Records with invalid cleared or closed dates..Records with invalid prouct coes..Records missina data essential to the calculation of the measurement oer the PID.
Owest Idaho SGAT Third Revision, Eighth Amended Exibit B June 26, 2007 Page 71
MR-8 - Trouble Rate (continued)
Standards:.Product Reporting:
Parity with retail RES and BUS POTS
Diagnostic
Parity with retail RES and BUS POTS
CO: Parity with retail ISDN-BRI
All Oter States: Diagnosc
. LIS Trunks Parity wi Feature Group D (aggregate)
. Unbundled Dedicated Interoffce Transport (UDIT)UDIT - DS11evei I Pari wi retail DS1 Priate Line ServiceUDIT -Above DS11evei I Pariwi retail Priate Line above DS11eveiDark Fiber - 10F I Dinoic
. Unbundled Looos:
Analoo Looo
Non-loaded Looe l2-wire)
Non-loaded Looo (4-wire)
DS1-caoable Looo
xDSL-1 caoable Looo
ISDN-eaoable Looo
ADSL-aualified Looo
Loop types of DS3 and higher bit-rates
(aaareaatel
Dark Fiber - Looo
. E911/911 Trunks
. Enhanced Extended Loops (EELs) - (DSO
level)
. Enhanced Exnded Loops (EELs) - (DS1
level)
. Enhanced Extended Loops (EELs) - (DS3
level)
. Resale
Residential single line service
Business sini:le line service
Centrex
Centrex 21
PBX Trunks
Basic ISDN
Primary ISDN
DSO
DS1
DS3 and higher bit-rate services
(ai:i:reiatef
Frame Relav
. Unbundled Netwrk Element - Platrm
(UNE-P) (POTS)
. Unbundled Netwrk Element - Platform
(UNE-P) (Centrex 21 )
. Unbundled Netwrk Element-
Platform(UNE-P) (Centrex)
. Line Solittini:
. Loo Solittina NUlt
. Line Sharing
. Sub-Loop Unbundling
Pari y wih retail service
Pari y with retail service
Pari y with retail service
Pari y with retail service
Pari y wih retail service
Pari y wih retail servic
Pari y with retail service
Pari y wi retail service
Pari y with retail servic
Pari wi retail service
Parity wi retail service
Parity wi like retail service
Pari with retail Centrex 21
Parity with retail Centrex
Pari wi retail Res and Bus POTS
Pari y wih retail ISDN BRI (desii:ned)
Pari y wih retail DS1 Private Line
Paritv wih retail DS1 Private Line
Pari with retail DS 1 Private Line
Paritv with retail ISDN BRI ldesianedl
Parity with retail ISDN BRI (designed)
Parity with retail DS3 and higher bit-rate services
(aaareaatel
Diagnostic
Parity with retail E911/911 Trunks
Diagnostic
.
Parity with retail DS 1 Private Line
Diagnostic
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26. 2007 Page 72
.
.
.
.
MR-8 - Trouble Rate (continued)
Availabilty:
Available Nots:
1. Reporting will begin at the time CLECs order
the prouct, in any quantity, for three
cosecutive months.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 73
MR-9 - Repair Appointments Met .Purpse:
Evaluates the extent to which Owest reDairs servce for Custo by th appntment date and time.
Description:
Measures the percentage of trouble repo for which the appnt date and time is met..Includes all trouble report closed during the repong period, subj to exclusions specified
below..Time measured is from date and time that Qwest is first notifed of the trble by CLEC to date
and time trouble is cleared.
Reporting Period: One month
I Unit of Measure: Percent
Reporting Disaggregation Reportng: Statewide leveL.
Comparisons: CLEC Results for listed services will be disaggregated and reprted
aggregate, individual according to trouble reports involvng:
CLEC and Owest Retail MR-9A Dispatches within MSAs;
results MR-9B Dispatch outside MSAs; and
MR-9C No diSPtch.
Formula:
((Total Trouble Reports Cleared by appointment date and time) + (Total Trouble Reports Closed in theReporing Period)) x 100
Exclusions:.Trouble reports coed as follows:-For products measured from MTAS data, trouble reports coed to dispoition coes for:
Customer Acton; Non-Telco Plant; Trouble Beyond the Netwrk Interface; and Miscllaneous
- Non-Dispatch, non-Owst (includes CPE, Customer Instruction, Carrer, Altemate Provider)..Subsequent trouble reports of any trouble before the original truble report is closed..Information tickets generated for intemal Qwest system/netwrk 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 instllation wo is reported by the
technicianlinstaller as complete..Records involving offcial company service..Recds with invalid trouble receipt dates..Records with invalid cleare or clos dates..Records wih invalid produc coes..Recods missing data essential to the calculation of th mesurement iir the PID.
Product Reporting:Stndard: Parity
Resale:
Residential single line service
Business single line service
Centrex
Centrex 21
PBX Trunks
Basic ISDN
Unbundled Elements - Platform (UNE-P)
(POTS)
Availabilty:Notes:
Available
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exibit B June 26,2007 Page 74
.
.
.
.
MR-10 - Customer and Non-Qwest Related Trouble Report
Purpose:
Evaluates the extent that trouble reports were cusomer related, and provides diagnotic 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 report that are attbuted to the customer as a percentage of
all trouble reports resolved during the reporting period, subject to exclusions specified below.
Includes trouble reports closed during the reporting period coed as follows:.For proucts measured from MTAS data, troble reports coed to dispoition coes for. CustomerAction; Non-Telco Plant, Trouble Beyond the Netwrk Interface; and Miscellaneous - Non-
Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrer, Alternate Provider) and trouble
reports involving a "no accss. delay for MSA tye disagregated prouct..For products measured from ~~~ ~orkforce Administration) data trouble re~rs coded to
trouble codes for Carrer Action IEC and Customer Prvided Eauioment ICPE .
Reporting Period: One month Unit of Measure: Percnt
Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: Statewide leveL.individual CLEC and Owest Retail result
Fonnula:
((Number ofTrouble Reports coed to dispoition codes specified above) + (Total Number of TroubleRepos Closd in the Reporting Period)) x 100
Exclusions:.Subsequent trouble reports of any trouble before the original truble report is closed.Information tickets generated for internal Qwest system/netwrk monitoring purposes..Records involving offcial company services..Records with invalid trouble receipt dates..Records with invalid cleared or clos dates..Records with invalid product codes..Recs missing data essential to the calculation of the measurement per the PID..Trouble repor on the day of installation before the installation work is repoed by the
technicianlinstaller as complete.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 75
MR-10 Customer and Non-Qest Related Trouble Report (continued)
Product Reportng:I Standars:.Resale
Residential sini:le line service Diai:nostic
Business sinale line service Diaanostic
Centrex Diaanostic
Centrex 21 Diagnotic
PBX Trunks Diai:nostic
Basic ISDN Diagnotic.Unbundled Netwrk Element - Platform Diagnostic
(UNE-P) (POTS).Unbundled Netwrk Element - Platform Diagnostic
(UNE-Pl (Centrex 21 L.Unbundled Netwrk Element- Platform Diagnoti
(UNE-P) (Centrex).Resale
Primary ISDN Diagnotic
DSO Diagnostic
DS1 Diagnostic
DS3 and higher bit-rate services Diagnostic
(aaareaatef
Frame Relav Diaanostic.LIS Trunks Diagnostic.Unbundled Dedicated Interoffce Transport (UDIT
UDIT - DS1 level Diai:nostic
UDIT - Above DS1 level Diagnostic.Unbundled Loops:
Analog Loop Diagnotic
Non-loaded Loop (2-wirel Diagnotic
Non-loaded Loop (4-wirel Diaanoti
DS1-cpable Loop Diaanoti
xDSL-1 caDable LooD Diagnosc
ISDN-capable Loop Diagnostic
ADSL-aualifed Loop Diaanostic
Loop types of DS3 and higher bit-rates Diagnostic
(ai:i:reqte L.E911/911 Trunks Diagnostic
Availabilty:Notes:
Available
.
.
Qwestldaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 76
.
.
.
.
MR-11 - LNP Trouble Reports Cleared within Specified Timeframes
Purpe:
Evaluates timeliness of clearing LNP trouble report, focusing on the deree to which residence and
business, disconnect-related, out-of-service troble reports are cleared within four business hours and all
LNP-related trouble reoort are cleared within 48 hours.
Description:
MR-11A: Measures the percentage of specified LNP-only (Le., not unbundled-loop), residece and
business, out-of-service troble report that are cleared within four business hours of Owst
receiving these trouble reports from CLECs.
· Includes only trouble report that are received on or before the currntly-scheduled due date
of the actual LNP-related disconnect time/date, or the next business day, that are cofirmed
to be cause by disconnecs being made before the scheduled time, and that are closed
during the reporting period, subject to exclusions specified below.
MR.11 B: Measures the percentage of specified LNP-only trouble report that are cleared within 48 hours
of Qwest receiving these trouble reports from CLECs.
· Includes all LNP-only truble report, received within four calendar days of the actual LNP-
related disconnect date and closed during the reporing period.
· The "currently-scheduled due date/time" is the original due date/time estblished by Owst in
response to CLEC/customer request for disconnection of service ported via LNP or, if CLEC submits
to Qwest a timely or untimely request for delay of disconnection, it is the CLEC/customer-requested
later date/time.
· A request for delay of disconnecton is considered timely if reeived by Qwest before 8:00 p.m. MT
on the due date that Owest has on record at the time of th request.
· A request for delay of discnnection is considered untimely if received by Qwest after 8:00 p.m. MT
on the due date and before 12:00 p.m. MT (noo) 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 Disaggregation Reporting: Statewide level (all areIndividual CLEC "non-dispatched").
Formula:
MR-11A = ((Number of specified out-of-servic LNP-only Trouble Reports, for LNP-related trubles
confirmed to be caused by disconnes, that Owest executed before the currently-scheduled
due date/time, that were closed in the reporting period and cleared within four business
hours) + (Total Number of specified out of servic LNP-only Trouble Reports for LNP-relatedtroubles confirmed to be caused by discnects tht Qwet executed before the currently-
scheduled due date/time, that were closd in the reporting period)) x 100
MR-11 B = ((Number of specified LNP-only Trouble Report close in the reportng period tht were
cleared within 48 hours) + (Total Number of speified LNP-oly Trouble Reports closed in the
reporting period)) x 100
Qwest Idaho SGAT Third Revision, Eighth Amend Exhibit B June 26, 2007 Page 77
MR.11 - LNP Trouble Reports Cleared within Specified Timeframes (Continued).Exclusions:
. Trouble reports attnbuted to customer or non-west reso
· Trouble reports not related to valid request (LSRs) for LNP and asated disconect.
· Subsuent trouble report of LNP trouble beore th onginal trble rep is cloed.
. For MR-11 B only: Trouble report involving a .no accss. delay.
· Information tickets generated for internal Owest system/netw monitoring purpses.
. Records involving offcial company services.
. Recds with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product coes.
· Recrds missina data essential to the calculation of the measurement oar 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 standrd, the MR-11A standard is as
follows:
- For 0-20 truble report': No more thn 1 ticet cleare in :. four
business hours
- For:. 20 trouble report': The lesr of 95% or Pari with MR-3C
results for Retail Residence and Busines
MR-11B:
· For 0-20 truble reports"': No more than 1 ticket cleared:. 48 hors
. For:. 20 trouble report": The lesser of 95% or Panty with MR-4C
results for Retail Residence and Business
* Based on MR-11A denminator.
Availabilty:
Available
** Based on MR-11B denominator.
Notes:
.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,207 Page 78
.
.
.
.
Biling
81.1 - Time to Provide Recorded Usagé Records
Purpse:
Evaluates the timeliness with which Owst Drovides recoed dailv usaa records to CLECs.
Description:
Measures the average time interval from date of recrded daily usa to date usage records are
transmitted or made available to CLECs as applicable.
BI-1A - Measures recorded daily usage for UNEs and Resale and includes indus~ standard
electronically transmitted usage records for feature group switched accss, N TE 1 local
measured usage, local message usage, toll usage, and locl exchnge service components
priced on a per-use basis, subject to exclusions specified below.
BI-18 - Measures the percent of recorded daily usage for Jointly provided switched access provide
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, axx accss, and 900 accss and their
succssors or similar Switched Accss services.
BI-1 C - Provides separate reporting for two elements capture in BI-1A above, as follows:.BI-1C-1 - Measures recorded daily usage for UNEs and Resale and includes industrY
standard electronically transmitted usage records for feature group switched access, NOTE 1
subject to exclusions specified below..BI-1C-2 - Measures recrded daily usage for UNEs and Resale and includes industry
standard electronically transmitted usage records for locl measured usage, locl
message usage, toll usage, and local exchange service components priced on a per-use
basis, subiect to exclusions soecified below.
Reporting Period: One month Unit of Measure:
BI-1A BI-1C-1, BI-1C-2: Average Business Days
BI-18:PercentReporting Comparisons: CLEC aggregate,Disaggregation Reporting: State leveL.individual CLECs, and Qwest Retail results
Formula:
BI-1A, BI-1C-1, BI-1C-2 (for specified proucts & recrds) = L(Date Reco Transmited or made
available - Date Usage Recorded) + (Total number of records)
BI-1B = ((# of daily usage recods for Jointly provided switched accss sent within four days) + (Total
daily usage records for Jointly provided switched access in th report peri)) x 100
Exclusions:.Instances where the CLEC requests other than daily usage transmission or availabilty,.DUDlicate records.
Product Reporting:Standard:.UNEs and Resale BI-1A: Parity with Qwest retail..Jointly-provided Switched Access BI-18: 95% witin 4 business days
BI-1C-1, BI-1C-2: Diagnostic Comparison with the
Qwest Retail results used in standard for
BI-1A
Availabilty:Notes:Available 1,"Feature group switched access' includes all
type 11 OXX detail recds for FeatureGroos A, B, C, and D.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007
Page 79
81.2 -Invoices Delivered within 10 Days .Purpose:
Evaluates the timeliness with whch Owst delivers industry stndard electronically transmitted bils to
CLECs, focsina on the oercent delivered within ten calendr days.
Descriptin:
Measures the percentage of invoice that are delivere wihin ten days, base on the number of days
between the bil date and bil delivery..Includes all industry standard electronically transmited invo fo lol exchnge services and
toll, subiect to exclusions soecified below.
Reporting Period: One month Unit of Meure: Percnt
Reporting Comparions: Combine Owst Disgron Repong: State level
Retail/CLEC results (Paritv bv desian)
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..Records with missing data essential to the calculation of the measurement per the PID.
Product Reporting:Standard:.UNEs and Resale Pari by design.
Availabilty:Notes:
Available
.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 80
.
.
.
.
BI-3 - Billng Accuracy - Adjustments for Errors
Purpose:
Evaluates the accuracy with which Owest bills CLECs, focusing on the percnta of biled revenue
adiusted due to errors,
Description:
Measures the billed revenue minus amounts adjusted off bils due to err, as a percentage of total
biled revenue..Both the billed revenue and amounts adjusted off bils due to error are calculated from bils
rendered in the reporting period.."Amounts adjusted off bills due to error" is the sum of all bil adjustments made in the reportng
peri that involve, either in part or in total, adjustment cos related to biling errrs. (Each
adiustment thus Qualifvina is adde to th sum in its entirelY.)
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: State leveL.individual CLECs, and Owest Retail results
Formla:
(L(Total Biled Revenue Biled in Reportng Period - Amounts Adjusted Off Bils Due to Errors) + (TotalBiled Revenue biled in Reporting Period)) x 100
Exclusions:
. BI-3A - UNEs and Resale - None
· BI-3B - Reciprocal Compensation Minutes of Use - Billng adjustments as a result of CLEC-cused
errrs in retum of minutes of use
Product Reporing:Standards:.BI-3A - UNEs and Resale .BI-3A - UNEs and Resale: 98%.BI-3B - Reciprocl Compensation Minutes of .BI-3B - Reciprocal Compensation (MOU) _
Use (MOU) 95%
Availabilit:Notes:
Available
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Pag 81
.
BI-4 - Biling Completeness
Purpose:.UNEs and Resale - Evaluates the completenes with which Owt refl non-recurrng and
recurring charges associated with copleted service orders on the bils..Reciprocal Compensation Minutes of Use (MOU) - Evaluates the completeness with which Owest
reflects the revenue for Locl Minutes of Use assoiated with CLEC locl traffc over Owests
netwrk on the bils.
Description:
BI-4A - UNEs and Resale: Measures the percentage of non-recurrng and recurrng charges
assoiated with copleted service orders appear on the correct bil.'
BI-4B - Reciprocal Compensation (MOU): Measures the percentage of revenue assiated with locl
minutes of use appearing on the corect (current) bilL."
. Correct bil = next available bil
Reporting Period: One month Unit of Measure: Percnt
Reporting Comparisons: CLEC aggregate,Disaggrega Repng: Statewide level.
individual CLECs, and Owest Retail results
Formula:
BI-4A - UNEs and Resale = IE(Count of service orders with non-recurrng and recurrng charges
associated with completed service ordrs on th bills that are bille on th correct bil + total
count of service orders with non-recurrng and recurrng chrgs asociated with completed
service orders biled on the bil)) x 100
BI-4B - Reciprocl Compensation MOU = (1(Revenue for Locl Minuts of Use bille on th correc"
bil + Total revenue for Local Minutes of Use coleed during th moth)) x 100
Exclusions: None
.
Product Reportng:Standard:.UNEs and Resale BI-4 - UNEs and Resle: Parity with Owst.Reciprol Compensation (MOU)Retail bills.
BI- - ReciDr Cooenstio (MOU): 95%
Availabilty:Notes:
Available
.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 82
.
.
.
.
Database Updates
08-1 - Time to Update Databases
Purpose:
Evaluates the time reauired for updates to the databases of E911, L1DB, and Director Builder.Descñptn:.Measures the average time required to update the databases of E911, L1DB, and Directory
Builder..Incudes all database updates as specified under Disaggregation Reporting completed during
the reporting period..For DB-1A the time to update the E911 database is provided by the third part vendor that
penors the update. The elapsed time is captured automatically by the database sytem. There
are no "indiVidual E911 database update records" provided wit which to measure the database
updte proces..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 methd
produces a result from the vendor data that is the same as that which would be produced by
totallna the uPdate times from individual E911 database uPdate records.
Reporting Period: One month Unit of Measure:
E911 - Hrs: Mins.
L1DB & Director Listinas - SecndsReporting Compañsons:Disaggregation Reporing:DB-1A - E911: Combine results for Owest Retail DB-1A:E911 for Owest Retail and Resellerand Reseller CLEC Aggregate;CLEG-tate levelDB-1B - L1DB: Combined result for all Owest DB-1B:L1DB for Owst Retail, Reseller CLECRetail, Reseller CLEC and Facilities Based CLEC and Facilities Based CLEC - Multiupdates;state region-wide levelDB-1C-1 - Listings: Combined results for all DB-1 C-1: Listings for all Provider tys includingProvider types including Owst Retail, Reseller Owst Retail, Reseller CLEC, andCLEC, and Facilities Based CLEC, ILEC and Facilities Based CLEC, ILEC andUnknown Provider, Electronically Submited,Unknown Provider, ElectronicallyElecroically Procesed updates. NOTE 1 Submitted, Electronically Processed-
Sub-region applicable to state
Forula:
~((Date and Time of database update for each database updte as spefied under Disaggregation
Reporng in the reporting period) - (Date and Time of submissions of data for entry into the database
for each database update as specified under Disaggregation Reporting in the reporting period)) + Total
databas updates as specifed under Disaggregtion Reportng completed in the reporting period
Exclusion:.Invalid startstop dateslmes.
Owest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 83
08-1 - Time to Update Databases (continued)
Product Reporting:Standards:
Not applicable (Repored by database type)DB-1 A-E911: Parity by design
DB-1B-L1DB: Parity by design
DB-1C-1 - Listings: Parity by design
Availabilty:Notes:
Available 1.Becuse they cannot be separated, result for Qwst Retail, Reseller
CLEC, Facilities-b CLECs, ILEC and Unkown Provider updates
are report cobine wihin th disagreli.
.
.
Qwst Idaho SGAT Third Revision, Eighth Amended Exibit B June 26, 2007 Page 84
.
.
.
.
08-2 - Accurate Database Updates
Purpe:
Evaluates the accuracv of database uodates comolted without error in the reooring oeri,
Description:.Measures th percentage of database updates copleted without errrs in the repoing period..Includes all database updates as specified under Disaggregtion Repoing complete during the
reoorting oeriod.
Reporting Period: One month Unit of Measure: Percnt
Reporting Comparisons:Disaggregation Reporting:DB-2C-1 Listings - Combined results for all DB-2C-1, Listings for Owest Retail, Reseller
Qwest Retail, Reseller CLEC and Facilties-CLEC, and Facilites-Based CLEC ElectronicallyBased CLEC Electronically Submitted,Submitted, Electronically Processed updates:Electroically Procesed updates Statewe
Formula:
(Total database updates as specfied under Disagregtio Repong completed without errors in the
reportng period + Total database updates as specified under Disagretion Reporting completed in
the reporting period x 100
Exclusions:
Invalid startstop datesltimes.
Product Reporting:Standards:
Not applicble (Reported by database type)DB-2C-1 - Listings: Pari by design NOTE 1
Availability:Notes:
Available 1.Qwest retail and Reseller CLECs are parity by design. Because
Facilties-based CLEC Electically Submitted, Electronically
Procssed cannot be separated out from Reseller CLECs they are
reoorted combined wihin this disaoareoation.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 85
Directory Assistance .
DA-1 - Speed of Answer - Directory Assistance
Purpose:
Evaluates timeliness of customer access to Qwests Directory Assistance operators, focusing on how
lono 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 Direcory Assistance calls..Includes all calls to Owest directory assistance during the reportng period..Because a system (electronic voice) prompts for cit, state, and listing requested before the actal
operator comes on the line, the first ring is defined as when the voice respns unit placs the call
into queue. .Measurements are taken by sampling calls from the netwrk queue at 10-nd intervals. A
count of calls in ,the queue is taken for every sampling event (1O-eo snapshot), and this cont
is multiplied by 10 to get a measurement of waiting intervals..Using this method, calls that enter the queue aftr a sample is taken bu exit before the next
sample is taken are not counted, Le., are effecively counted as a ze intervaL. However, this
situation is offset by calls that enter just pri to a sampling time, but exit befor the next sampling
time, and which are counted as 10 secods. The call intervals sh than 10 seconds that are
counted as 10 seconds are offt bv those calls shorer th 10 sec tht are not conted.
Reporting Period: One month Unit of Measure: Sends
Reporting Comparions: Results for Owest and Disaggregation Reporting:
all CLECs are combined.Sub-ion applicable to state
Formula:
E((Date and Time of Call Answer) - (Date and Time of First Ring)) + (Totl Calls Answere by Center)
Exclusions: Abandoned Calls are not included in th total numbr of cals ansre by th center.
Product Reporting: None Standa: Pari by deign
Availability:Notes:
Available .
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 86
.
.
.
.
Operator Services
OS.1 - Speed of Answer - Operator Services
Purpe:
Evaluates timeliness of customer access to Qwst's operator, focing on how long it takes for calls
to be answered.
Description:
Measures the time following first ring unti a call is answere by the Qwest agent..Includes all calls to Qwests oprator services during the reporting period, subjec to exclusions
specified below..Measurements are taken by sampling calls from the netwrk queue at 10-second intervals. A
count of calls in the queue is taken for every sampling event (10-second snapshot), and this count
is multiplied by 10 to get a measurement of waiting intervals..Using this metho, calls that enter th queue after a sample is taken but exit before the next
sample is taken are not counted, Le., are effectvely conted as a zero intervaL.However, thissituation is offet 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 the calls shorter than 10 secnds that are not counted.
Reporting Period: One month Unit of Measure: Seconds
Reporting Comparisons: Qwst and all CLECs Disaggreation Reporting:are aggregated in a single measure.Sub-region applicable to state
Formla:
r((Date and Time of Call Answer) - (Date and Time of First Ring)) + (Total Calls Answered by Center)
Exclusions: Abanded Calls are not included in the total number of calls answered by the center.
Product Reporting: None Standard:Parity by design
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 87
Network Performance .
NI-1 - Trunk Blocking
Purpose:
Evaluates factors affecting completion of calls from Owst end ofce to CLEC.end offces. compared with
the completion of calls from Qwest end offics to oter Owst end offces. focsing on average busy-hur
blocking percntages in interconnectio or interoffce final trnks.
Descnption:
Measures the percentage of trunks blocing in intercnecon and interoffce final trnks.
. Includes blocking percentages on all dire final and altemate final intercnection and interoffce trnk
i:rops that are in service duriri the reporiri period. subiect to exclusions speified below.
Reporting Period: One month
I Unit of Measure: Percent Blockage
Reporting Compansons:Disaggregation Reporting: Statewide leveL.
CLEC aggregate.Repos the percentage of trunks blocking in interconnection final trnks.
individual CLEC. and reported by:
Qwest Interoffce trunk NI-1A Interconnection (LIS) trunks to Qwest tandem offces. with TGSR-
blocking results.related exclusions applied as specified below;
NI-1B LIS trunks to Qwest end offces. with TGSR-related exclusions
applied as specified below;
NI-1C LIS trunks to Qwest tandem offces. without TGSR-related
exclusions;
NI-1D LIS trunks to other Owt end offce. witho TGSR-rlated
exclusions.
Formula:
lIL(Blockage in Final Trunk Group of Specified Type)x(Number of Circits in Trunk Grop)) + (Total Number
of Final Trunk Cincuits in all Final Trunk Groups)l x 100
Explanation: Actual average percentage of trunk blockae is calculated by dividing the equivalent average
number of trnk circuits blocking by the total number of trunk circuits in final trunks of the tye being
measured.
Exclusions:
For NI-1A and NI-1B only:.Trunk groups, blocing in excess of one percent in the reporting period. for which:
- A Trunk Group Service Request (TGSR) NOTES 1 & 2 has ben issued in the reportng 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 Repors; or
c)Notification of traffc re-outing (as descrbed in Note 1 below),
For NI-1A NI-1B. NI-1C, and NI-1D:.Trunk groups, blocking in excess of on percent in the reporting period, for which Owest can idElntify. in
time to incorporate in the regular reprting of this measurement. the cause as being attributble to:-Trunk group out-of-service conditions arising from cable cuts. severe weathr. or force majeure
circumstances;-The CLEC placing trnks in a "busy" condition;-Lack of interconection facilities to fulfill LIS requests for which the CLEC did not provide a timely
forecast to Owest. (This portion of the exclusion is limited to being applied in (a) the month the LIS
requests could not be fulflled. due to lack of facilities. and (b) each month thereafter up to the month
following facility availabilty OR ul, to five months after the month the LIS requests could not be
fulfilled, whichever is sooner NOT 4); or-Isolated incidences of blocking. about which Qwest provides notification to the CLEC. that (a) are
not recurring or persistent (affecting the same trunk groups). (b) do not warrant corrtive action by
CLEC or Owes!. and (c) thus, do not reQuire an actionable TGSR.
.
Qwes! Idaho SGAT Third Revision. Eighth Amended Exibit B June 26. 2007 Page 88
.
.
.
.
NI-1 - Trunk Blocking (Continued)
· Trunk groups recently activated that have not been in service for a full "2o-high-day, busy hour" review
period.
· Toll trunks, no-final trunks, and trunks tht are not connected to the public switched netwrk.
. One-way trunks originating at CLEC end offce.
. Owest offcial services trnks, lol interoffce operator and direcory assistance trunks, and locl
interoffce 911/E911 trunks.
· Records with invalid product cos.
· Records missina data essential 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 Owt Interoffce Trunks to tandems
1 %
Parity with Owst Interoffce Trunks to end offces
Diaanostic NOTE 5
Availabilty: Notes:
Available 1. Owest uses TGSRs to notify CLECs when trunk blocing exceeds standard thresholds or is
determined to be persistent. To respond properly to TGSRs, a CLEC must (a) submit
within 20 days ASRs to provide necessary trunk augmentations to avoid further blocking,
(b) notify Owest within 20 days that it is initiating a Trouble Report where Owest trffc
routing problems are causing the blocking reference by the TGSR, or (c) notify Owest that
the CLEC wil undertke its own re-routing of trafc within 20 days to alleviate the blocking.
2. The TGSR-related exclusion is applied in the month in which the TGSR is issued and in
the month in which the above-specified 20-day response perid ends. Thus, any trunk
group excluded in one month will not be excluded in the next moth, unless there is (a) a
2O-ay period following a TGSR ends in that month, (b) there is another TGSR applicable
to the next month for the same trunk group or (c) an exception documente, 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 refleced by CLEC-initiated order supplements that move the due date
later.
a) Owest-initiated due date delays, including supplements made pursuant to Owest
requests to delay due dates, shall not be counted as CLEC delays in this
measurement.
b) Owst-initiated due date changes to earlier dates that the 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 Owst-established due date being missed shaii not be counted as a
CLEC delay in this measurement.
4. The limitation on part (3) ofthis exclusion is intended to bound its applicabilty to a period
of time that treats the unforecsted ASR as if it were, in effect, the first forecast for the
facilities needed.
a) Given that forecast advance intervals are currently six months, this provision allows the
exclusion to apply for no longer than that period of time.
b) Nevertheless, this limitation to the exclusion also recnizes that facilities may become
available sooer and, if so, reduces the limitation accrdingly. In that context, this
limitation reconizes that, absent a CLEC forecast, Owst still retains a responsibility to
provide facilities for the ASR, although in a longer timeframe than for ASRs covered by
forecasts. NI-1C and NI-1D wil be reported for inforation purposes only, with no
standard to be applied.
c) This limitation may change depending on the outcome of separate worshos dealing
with issues of intercnnecton forecasting.
5. NI-1C and NI-1 D will be repored for inforation purpses only, with no standard to be
applied.
Owst Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Pag 89
Np.1 - NXX Code Activation
Purpose:
Evaluates the timeliness of Qwests NXX coe activation prior to the LERG effecive date or by the
"revised" effecive date, as set forth herein.
Description:
NP-1A: Measures the percentage of NXX coes 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 coes actvated in the reporting period that are delayed
beyond the LERG date or "revised" date due to Qwst-cused Interconnection facility delays,
subject to exclusions shown below. Included among activations counted as a Qwest delay in
this sub-measurement are cases in which "2-6 coes" NOTE 1 asciated with th Owest
interconnection facilities are provided late by Owest to th CLEC.
. Qwest must receive complete and accurate routng infontio reuire for coe activation, which
includes but is not limited to "2-6 coes" for all intercnectio trnk groups assated wih the
activation no less than 25 days prir to the LERG Due Date or Revi Due Date.
. The "revised" date, for purpses of this measurement, is a CLEe-initiated renegtiation of the
activation effective date that is no less than 25 days after Owt reives complete and accrate
routing information required for coe activation, which includes but is not limited to "2-6 coes" for
all interconnection trunk groups associated with the actvation.
. The NXX code activation notice is provided by the LERG (Locl Exchange Routing Guide) to
Qwest.
. NXX coe activation is defined as complete when all translations assoiated with the new NXX are
complete by 11 :59 p.m. of the day prior to the date identified in the LERG or the "revised" date (if
different than the LERG date).
. The NXX coe activation completion procss includes testing, including calls to the test number
when provided.Reporting Period: One month Unit of Measure: Percnt
.
Reporting Comparisons: CLEC aggreate, Disaggregaon Reprtng: Statewie.
individual CLEC and Qwest Retail results.
Formula:
NP-1A == ((Number of NXX coes loaded and tesed in the rerirting peri pror to th LERG effecve
date or the "revised" date) + (Number of NXX co loaded and tes in th reportng
period)) x 100 .NP-1 B == ((Number of NXX coes loade and tested in the reporing perio that were delayed past the
LERG effective date or "revised" date affeced by Owest Intercnection Facilty Delays) +
(Number of NXX coes loaded and tested in the reporting period, including NXX coes
loaded and tested in the reporting period that were delayed pat the LERG effective date or
the "revised" date due to Interconnection Facility Delays)) x 100
Exclusions:
NP-1A:
. NXX coe activations completed after th LERG date or .revi" date due to delays in the
installation of Owest provided intercnec facilities ased wit the actions. NOT 2
NP-1A and NP-1B:
. NXX coes with LERG dates or "revise. dates resulting in loding intervals shorter than
industry standard (currently 45 calendar days).
. NXX coes where QWEST received complete and accurate roting information required for
coe activations less than 25 days prior to the LERG due date or Revise due date.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 90
.
.
.
.
Np.1 - NXX Code Activation (continued)
Product Reporting: None ,Standards:
NP-1A: Parity
NP-1B: Diaanostic
Availability:Notes:
Available 1..2-6 coes. are industr-standrd
designators for locl interconection trnk
groups, consisting of 2 alpha letters and six
numeric digits.
2.Only Qwest-provided intercnecion facilties
are noted in this exclusion, becuse delays
related to facilities provided by ClECs or
others are accnted for by revising the due
date.
Qwest Idaho SGAT Third Revision, Eighth Amended Exibit B June 26.2007 Pag 91
Collocation .
CP.1 - Collocation Completion Interval
Purpse:
Evaluates the timelines of Owests installaton of colocti arrngements for CLECs, focusing on the
averaae time to complete such arrnaements.
Description:
Measures th interval betwen the Collotion Aplicati Date and Owsts copletin of th
collocation installation.
· Includes all collocations of tys spefi herein that are assigned a Ready for Service (RFSI date
by Owest and completed during the reporting peri, subject to exclusions specified below.
· Collocation types included are: physical calessnPhysical caed, shared physical caged, physical-
line sharing, cage less-line sharing, and virtaL. NO 1
· The Colloction Application Date is the date Owt receves frm the CLEC a coplete and valid
application for colocation. In cases whre the CLEC's colloction 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, heting, venting or air conditioning equipment.
· Completion of the colloction installation is the date on which the requested collocation arrangement
is "Ready For Service" as defined in the Definition of Terms secton herein.
· Establishment of RFS Dates: RFS dates are esblis accing to intervals spefied in
interconnection agreements. Where an intercecon agrement do not sp intervals, or
where the CLEC requests, RFS dates are esishe as folo:
· Collocation Applicatons wi Timely Quote Acptnce and, for Virtal Colloctions, also
with Timely Equipment Ready - for collocti applicaions where the CLEe accpts th quote
in seven or fewer calendar days after th quoe date and, for virtal colloctins, where the CLEC
provides the equipment to be colocted to Owst 53 calendar days or less after the Colloction
Application Date, the RFS date shall be:
- Forecasted Collocations: 90 calendar days after the Collocation Application Date for
colloctions for which the CLEC proides a complete forecast to Owest 60 or more calendar
days in advance of the Colloction Application Date.
Unforecasted Collocations: 120 calendar days after the Colloction Application Date for
colloctions for which the CLEC dos no proide a forst to Owst 60 or more calendar
days in adance of the Colloction Applicati Date.
· Collocation Applications with Lae Quote Accepnce and, for Virtual Colloctions, also
with Timely Equipment Ready - for coloction applictions where the CLEC accpts the quote
in eight or more calendar days after the quote date and, for virtual colloctins, where the CLEC
provides the equipment to be colocted to Qw 53 calendar days or less after the Colloction
Application Date, the RFS date shall be:
Forecasted Collocations: 90 calendr days aftr the quote accptance date for colloctions
for which the CLEC provides a complete forcast to Owest 60 or mo calendar days in
advance of the Colloction Application Date.
- Unforecasted Collocations: 120 calendar days after the quote accptance date for
colloctions for which the CLEC does not provide a forecast to Owst 60 or more calendar
days in advance of the Colloction Application Date.
· Virtual Collocation Applications with Timely Quote Acceptance and Late Equipment Ready
- for virtual collocation applications where the CLEC (1) accpts the quote in seven or fewer
calendar days after the quote date and (2) provides the equipment to be collocated to Owest
more than 53 calendar days after the Collocation Application Date, the RFS date shall be:
- Forecasted Collocations: 45 calendar days after the equipment is provided to Owest, for
colloctions for which the CLEC provides a complete forecast to Owest 60 or more calendar
days in advance of the Coloction Application Date.
- Unforecasted Collocations: 75 calendar days after the equipment is provided to Owest, for
.
Owest Idaho SGAT Third Revision, Eighth Amended exhibitS June 26, 2007 Pag 92
.
.
.
.
CP-1 - Collocation Completion Interval (continued)
colloctions for which the CLEC does not provide a forecast to Owst 60 or more calendar
days in advance of the Collocation Application Date.
· Virtal Collocation Applications with Late Quote Acceptance and Late Equipment Ready _
for virtual colloction applictions where the CLEC (1) accpts the quote in eight or more
calendar days after the quote date and (2) provides the equipment to be collocated to Owst
more than 53 calendar days after the Colloction Application Date, the RFS date shall be:
- Forecsted Colloctions: 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 Colloction Application Date.
- Unforecasted Collocations: 75 calendar days after the equipment is provided to Owst, for
colloctions for which the CLEC does not provide a forecast to Owest 60 or more calendar
days in advance of the Collocation Application Date.
. All Collocations (physical. virtual. forecasted. or unforecastedl requiring Major
Infrastructure Modifications: the later of (1) up to 150 calendar days (as specified in the quote)
after the Colloction Application Date, or (2) for virtal colocations, 45 days following the date
equipment to be collocated is provided to Owest for colloctions in which Major Infrastructure
Modifications are required. Owest will provide to the OLEC, as part of the quotation, the need for,
and the duration of, such extended intervals.
· When a CLEC submits six (6) or more Colloction applications in a one-week period in any state,
completion intervals wil be individually negotiated. These colloction arrangements will be
included in CP-1A, -lB, or -lC according to the interval criteria specified below for thesemeasurements.
. Where there is a CLEC-cused delay, the RFS Date is rescheduled
· RFS dates may be extended beyond the above intervals for CLEC reasons, or for reasons beyond
Owests contro, but not for Owest reasons.
· Where CLECs do not accpt the quote within thirt days of the quote date, the application is
considered expired.
Cp.1A Measures collocation installations for which the scheduled interval from Collocation
Application Date to RFS date is 90 calendar days or less.
CP-1B Measures collocation installations for which the scheduled interval frm Collocation
Application Date to RFS date is 91 to 120 calendar days.
CP-1 C Measures colloction installations for which the scheduled interval frm Colloction
Aoolication Date to RFS date is 121 to 150 calendar dayS.Reporting Period: One month Unit of Measure: Calendar Days
Reporting Comparisons: CLEC aggregate and
individual CLEC results Disaggregation Reporting: Statewide.
Formula: (for CP-1A, CP-1B and CP-1C)
i:((Collocation Completion Date) - (Complete Application Date)) + (Total Number of Collocations
Completed in Reporting Period)
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 93
CP-1 - Collocation Completion Interval (continued)
Exclusions:.CP-1A: CLEC coloctio applications with RFS dates yielding sceduled intervals longer thn 90
calendar days from Collocion Aplicati Date to RFS date..CP-1 B: CLEC colloction applications with RFS dates yielding scheduled intervals shorter than 91
calendar days or longer than 120 calendar days from Colloction Application Date to RFS date..CP-1C: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 121
calendar days or longer than 150 calendar days from Collocation Application Date to RFS date.
.Cancelled or exoired aoolications.
Product Repoing: None Standards:
CP-1A: 90 calendar days
CP-1B: 120 calendar days
CP-1C: 150 calendardavs
Availabilty:Notes:
Available 1. Collocations covere by this measurement are central offce related. As
additional tyes of centrl offce colloctin are defined and offered. they
wil be induded in this meurement Non-cntral offe-based typs of
colloion (such as ree coloti and field conect ponts) will be
considere for eitr incus in this measurement, or in new. separate
measurements, after the terms. conditons. and prosses for such
collocation types beco finalized. accepted. mature (Le.. six months of
experience frm first installations). and ordere in volumes warranting
reportini: (Le.. consistently more than tw per month in any state),
.
.
Qwest Idaho SGA T Third Revision. Eighth Amended Exhibit B June 26. 2007 Page 94
.
.
.
.
CP-2 - Collocations Completed within Scheduled Intervals
Purpe:
Evaluates the extent to which Qwst completes colloction arrangements for CLECs within the standard
intervals or intervals established in interconnection aareements.
Description:
Measures the percentage of collocation applications that are completed within standard intervals, including
intervals set forh in interconnection agreements.
· Includes all colloctions of types specified herein that are assigned a Ready for Service Date RFS date by
Qwest and that are completed within the reporting penod, including those with CLEC-rquested RFS dates
longer than the standard interval and thos with extended RFS dates negotiated with the CLEC (including
supplemented colloction orders that extend the RFS date) subject to exclusions specified below.
Collocation tys included are: physical caReless, physical caged, shared physical caged, physical-line
shanng, cageless-line sharing, and virtaL. OTE 1
· The Colloction Application Date is the date Qwest receives from the CLEC a complete and valid
application for colloction. In cases where th CLEC's collocation application is received by Qwest on a
weekend or holiday, the Collocation Application Date is the next business day following the wekend or
holiday.
. Major Infrastructure Modifications are defined as conditioning the collocation space, obtaining permits, and
installing DC power plant, standby generators, heating, venting or air conditioning equipment.
· A colloction 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 intercnnection
agreements require different intervals, in which case the intervals specified in the interconnection
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 collocations, where the CLEC provides the
equipment to be collocated to Qwest 53 calendar days or less after the Collocation Application Date,
the RFS date shall be:
- Forecasted Collocations: 90 calendar days after the Colloction Application Date for physical
collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days
in advanc ofthe Colloction Application Date.
- Unforcasted Collocations: 120 calendar days after the Collocation Application Date for physical
colloctions for which the CLEC does not provide a forecat to Qwest 60 or more calendar days in
advance of the Colloction Application Date.
· Collocaion Applications with Late Quote Acceptance and, for Virtal Collocations, also with
Timel Equipment Ready - for colloction applications where the CLEC accepts the quote in eight or
more calendar days after the quote date and, for virtual colloctions, where the CLEC provides the
equipmnt to be collocted to Qwest 53 calendar days or less after the Collocation Application Date,
the RFS date shall be:
- Forecasted Collocations: 90 calendar days after the quote accptance date for colloctions for
which the CLEC provides a complete forecst to Qwest 60 or more calendar days in advance of the
Colloction Appliction Date.
- Unforeasted Collocations: 120 calendar days after the quote accptanc date for colocations
for which the CLEC does not provide a forecat to Qwest 60 or more calendar days in advance of
the Colocation Application Date,
· Virtual Collocation Applications with Timely Quote Acceptnce and Late Equipment Ready - for
virtual collocation 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 collocated to Qwest more than 53 calendar
days after the Colloction Application Date, the RFS date shall be:
- Forecated Collocations: 45 calendar days after the equipment is provided to Qwest, for
colloctions for which the CLEC provides a complete forecast to Qwest 60 or more calendar days
in advanc ofthe Coloction Application Date.
- Unfoecasted Colloctions: 75 calendar days after the equipment is provided to Qwst, for
colotions for which the CLEC does not provide a forecast to Qwst 60 or more calendar days in
advance of the Collotion Application Date.
. Virtual Colloction Annlications with Late Quote AcceDtnce and Late Eouinment Readv - for
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 95
CP-2 - Collocations Completed within Scheduled Intervls (continued)
virtual coloction applications where the CLEC (1) acpts th quote in eight or more calendar days
after the quote date and (2) provis the equipmnt to be coloted to Qwest mor than 53 calendar
days after the Collocation Application Date, the RFS date shall be:
- Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for
collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days
in advance of the Colloction Application Date.
- Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwst, for
colloctions for which the CLEC does not provide a forecst to Qwest 60 or more calendar days in
advance of the Collocation Applicatio Date..All Collocations (physicl. virtual. forecated, or unforecstedl requirinq Major .Infrastrcture
Modifcations: the later of (1) up to 150 calendar days (as specied in th quote) aftr th Collocation
Application Date, or (2) for virtual coloction, 45 caendar days following the date equipment to be
collocated is provided to Qwst for colloctions in whic Major Infrasctre Modiftions are
required. Qwst will provid to the CLEC, as part of th quotation, th ned for, and the duration of,
such extended intervals..When a CLEC submits six (6) or more Collocation applictions in a onk penod in any state,
completion intervals wil be indivdually negtiate. The colocti arrangements will be included in
CP-2A, -2B, or -2C accrding to th cñtena spcified below for thes merements.
. Where there is a CLEC-cused delay, the RFS Date is rescheduled..Where CLECs do not accpt the quote within thirt calendar days of the quote date, the application is
considered expired.
CP-2A Forecsted Collocations: Measures collocation installations for which CLEC provides a forecast
to Qwest 60 or more calendar days in advance of the Colloction Application Date.
Cp.2B Non-Forecasted and Late Forecasted Collocations: Measures colloction installations for
which CLEC does not provide a forecst to Qwest 60 or mo calendar days in adance of th
Colloction Application Date,
CP-2C All Colloctions requiring Major Inftructre Motlons and Collocaions with
intervals longer than 120 days: Measur all collotion instllation reuinng Majo
Infrastructure Modificati and colloctions for which th RFS da is mo thn 120 calendar
days after the Collocion Application Date.
Reporting Period: One month
I Unit of Meure: Percnt
Reporting Comparisons: CLEC aggregate and
I Disaggregaton 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 Collocaions Completed in the Reporting
Period)) x 100
Exclusions:.RFS dates missed for reasons beyond Qwests contrl..Cancelled or expired reuests.
Product Reporing: None
I Standars:
CP-2A&-2B:90%
CP-2C:90%
.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 96
.
.
.
.
CP-2 - Collocations Completed within Scheduled Intervals (continued)
Availabilty:
Available
Notes:
1, Colloctions covered by this measurement are centrl offce related. As
additional tyes of cetral offce collotion are defined and offered, they wil
be included in this measurement. Non-cntral offce-based tyes of
collotion (such as remote collotion and field conection points) will be
considered for either inclusion in this measurement, or in new, separate
measurements, after the terms, conditons, and processes for such
colloction tys become finalized, accpted, mature (i.e., six moths of
experin~ frm first installations), and ordered in volumes warranting
reoortina (i.e., cosistentlv more than tw oer moth in anv statel.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 97
CP-3 - Collocation Feasibilty Study Interval .Purpose:
Evaluates the timeliness of the Qwest sub-prs funcio of prviing a coloction feasibility study
to the CLEC.
Description:
Measures average interval to respond to colloction studies for feaibilit of installation..Includes feasibilty studies, for colloctions of types specified herein that are completed in the
reporting period, subject to exclusions speified below. Collocation tyes included are: physical
cageless, lhysical caged, shared physical caged, physical-line sharing, cageless-line sharing, and
virtuaL. NOT 1.Interval begins with the Collocation Application Date and ends with the date Qwst completes the
Feasibility Study and provides it to the CLEC..The Collocation Aplication Date is the date Qwest receives from the CLEC a complete
application for collocation. In cases where the CLEC's application for colloction is received by
Qwest on a weekend or holiday, the Collocatio Application Date is the next business day
followini: the weekend or holiday,
Reporting Period: One month Unit of Measure: Calendar Days
Reporting Comparisons: CLEC aggregate and Disaggrega Reporting: Statewide leveL.
individual CLEC results
Formula:
I:((Date Feasibility Study provided to CLEC) - (Date Qwest recives CLEC reuest for Feasibility
Study)) + (Total Feasibility Studies Completed in the Reporting Period )
Exclusions:.CLEC-caused delays of, or CLEC requests for feasibility study completions resulting in greater
than ten calendar days from Collocation Application Date to scheduled feasibility study completion
date.
Product Reporting:None Standard:10 calendar days or less
Availabilty:Notes:
Available 1.Colloctions covere by this measrement are centl offIce related.
As additional ty of cetrl offce colotion are define and
offered, they will be includ in this meurement. Nonntral
offce-base type of colocti (suc as remote coloction and
field connection points) will be cosider for either incusion in this
measurement, or in ne, separate measurements, after the terms,
conditions, and procees for such colloction tyes become
finalized, accepted, mature (I.e., six months of experience from first
installations), and ordered in volumes warranting reportng (I.e.,
consistently more than tw per month in any state).
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 98
.
.
.
.
CP-4 - Collocation Feasibilty Study Commitments Met
Purpose:
Evaluates the degree that Qwest completes the sub-rocss funcon of providing a coloction
feasibilitv studv to the CLEC as commited.
Description:
Measures the percentage of colloction feasibilty studies for installations that are copleted within the
Scheduled Interval.The Scheduled Interval is ten calendar days from the Collocation Aplication Date or, if
interconnection agreements call for different intervals, within intervals specified in the agreements,
or if otherwse delayed by the CLEC, the interval resultng from the delay..Includes all feasibilty studies for colloctions of tys specified herein, that are completed in the
reporting period. Collocation tyes included are: physical caless, physical caged, shared
physical caged, physical-line sharing, cageless-line sharing, and virtuaL. NOTE 1.Considers the interval from the Colloction Application Date to the date Qwest completes the
Feasibilty Study and provides it to the CLEC..The Collocation Application Date is the date Qwest receives from the CLEC a complete
application for collocation. In cases where th CLEC's application for collocation is recived by
Qwest on a weekend or holiday, the Collocation Application Date is th next business day
followng the weekend or holiday..Subject to superceding terms in the CLEC's interconnection agreement, when a CLEC submits six
(6) or moe Collocation applications in a one-week period in any state, feasibility study intervals
wil be individually negotiated and the resulting intervals used instead of ten calendar days in this
measurement.
Reportng Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Statewde leveL.and individual CLEC results
Formula:
((Total Applicable Collocation Feasibilty studies completed within Scheduled Intervals) + (Total
applicable Colloction Feasibilty studies completed in the reporting perid)) x 100
Exclusions: None
Product Reporting: None Stndard:90 percent or more
Availabilty:Notes:
Available 1.Collotions 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-cntral offce-based types of collocation (such as remote
colloction and field connecion points) wil be considered for
either inclusion in this measurement, or in new, separate
measurements, after the terms, codition, and processes for
such collotion tyes become finalized, accepted, mature (i.e.,
six months of experience frm first instllations), and orered in
volumes warranting reporting (Le., cosistently more than two
per month in any state).
Qwest Idaho SGAT Third Revision, Eighth Amened Exhibit B June 26, 207 Page 99
DEFINITION OF TERMS .
Application Date (and Time) - The date (and time) on which Owest receives from the CLEC a
complete and accurate locl service request (LSR) or accss service request (ASR) or retail order,
subject to the following:
. For the following types of reuestsorders, the application date (and time) is the start of the next
business day:
(1) LSRs and ASRs received after 3:00PM MT for Designed Service and Local NumberPortabilty (except non-dsigned, flow-through LNP).
(2) Retail ordrs received after 3:00 PM locl time for Deigne Service.
(3) LSRs received after 7:00PM MT for POTS Resale (Residnc and Busnes), Non-Design
Resale Centrex, non-designed UNE-P, Unbundled Loops, and nosigned, flow-through
LNP.
(4) Retail orders for comparable non-esigned services canno be received after ctosing time, sothe cutoff time is essentially the business offce closing time.
. For all types of orders that are recèived from Friday at 7:00 PM MT through Sunday, or on
holidays, and do not flow through, the application date (and time) is the next, non-weekend
business day.
Automatic Location Information (ALI) - The feature of E911 that displays at the Public Safety
Answering Point (PSAP) the street address of the callng telephone number. This feature requires a
data storage and retrieval system for translating telephone numbers to the associated address. All
may include Emergency Service Number (ESN), street address, rom or floor, and names of the
enforcement, fire and medical agencies with jurisdictional respnsibility for th address. The
Management System (E911) database is used to update th Automatic E911 Loction Informtion
databases,
Bil Date - The date shown at the top of th bil, reprnting the date on which Owt begins to
close the bil.
Blocking - Condition on a telecomunicatis netwrk where, due to a maintenanc problem or an
traffc volumes exceing trunking capacty in a part of th ne, so or all orginating or
terminating calls cannot reach their final destinations. Depending on the codition and th part of the
network affected, th netwrk may make subseuent attempts to coplete the call or the call may be
completely blocked. If the call is completely blocked, the callng part will have to re-initiate the call
attempt.
Business Day - Workdays that Owest is normally open for busine. Business Day = Monday
through Friday, excluding weekends and Owest published Holidays including New Year's Day,
Memoral Day, July 4th, Labor Day, Thanksgiving and Christmas, Individual measurement definitions
may modfy (typically expanding) this definition as described in the Notes section of the measurement
definition.
Cleared Trouble Report - A trouble repor for which the trouble has been cleared, meaning the
customer is "back in service".
Closed Trouble Report - A trouble report that has ben clos out from a maintenance center
perspective, meaning the ticket is closed in the trouble reportng system following repair of the
trouble.
Code Actvation (Opening) - Pross by which new NPAlNXXs (area coe/prefi) is defined,
through softare translations to netwrk databases and switches, in telephone networks. Coe
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 thos numbers to
be passed between carrers.
Common Channel Signaling System 7 (CCSS7) - A netwrk architecture used to for the exchange
of signaling infomiation betwen telecommunications noes and netwrks 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 carrer, often including the traffc of both the ILEC and several CLECs.
Completion - The time in the order process when the service has been provisioned and service is
available.
.
Owest Idaho SGAT Third Revision, Eighth Amended Exibit B June 26, 2007 Pag 100
.
.
.
.
DEFINITON OF TERMS (continued)
Completion Notice - A notification the ILEC provides to the CLEC to infonn the CLEC tht the
requested service order activity is complete.
Coordinated Customer Conversion - Orders that have a due date negtiated betwen the ILEC,
the CLEC, and the customer so that wor activities can be performed on a cordinated basis under
the direction of the receiving carrer.
Customer Requested Due Date - A spefic due date requested by the customer which is either
shorter or longer than the standard interval or the interval offered by the ILEC.
Customer Trouble Report - A report that the carrer providing the underlying service opens when
notified that a customer has a problem with their service. Once resolved, the dispoition of th
trouble is changed to closed.
Dedicated Transport - A netwrk facilit reserved to the exclusive use of a single customer, carrr
or pair of carriers used to exchange switched or speal, locl exchange, or exchange accs traffc.
Delayed Order - An order which has been completed after the scheduled due date and/or time.
Director Assistance Database - A database that contains subscrber records used to provide live
or automated operator-assisted direcory assistance. Including 411, 555-1212, NPA-555-1212.
Directory Ustings - Subscriber information used for DA and/or telephone direcory publishing,
including name and telephone number, and optionally, the customets address,
DS-o - Digital Service Level O. Service provided at a digitl signal speed commonly at 64 kbps, but
occsionally at 56 kbps.
DS-1 - Digital Service Level 1. Service provided at a digital signal speed of 1.544 Mbps.
DS-3 - Digital Service Level 3. Service provided at a digital signal spe of 44.736 Mbps.
Due Date - The date provided on the Finn Ordr Confinnation (FOC) the ILEC sends the CLEC
identifyng the planned completion date for the order.
End Ofce Switch - A switch from which an end users' exchange services are directly conneced
and offered.
Final Trunk Groups - Intercnnection and interoffce trunk groups that do not overfow traffc to
other trunk groups when busy.
Firm Orde Confirmation (FOC) - Notice the ILEC sends to the CLEC to notify the CLEC that it has
received the CLECs service request, created a service order, and assigned it a due date.
Flow-Through -The tenn used to describe whether a LSR electronically is passed from the OSS
interface system to the ILEC legacy system to automatically create a service order. LSRs that do not
flow through require manual intervention for the service order to be created in the ILEC legacy
system.
Interval Zone 1/Zone 2 - Interval Zone 1 areas are wire centers for which Qwest specifies shorter
standard service intervals than for Interval Zone 2 areas.
Installation - The actvity performed to activate a service.
Installation Troubles - A trouble, which is identified after service order activity and installation, has
completed on a customer's line. It is likely attributable to the service activity (within a defined time
period).
Interconnecton Trunks - A netwrk facility that is used to intercnnect two switches genrally of
different locl exchange carrets
Inward Activity - Refers to all orders for new or additinal lines/circuits. For change order tyes,
additional lines/circuits consist of all C orders with "I" and "r action co line/circuit USOCs that
represent new or additional lines/circuits, including coversions from retail to CLEC and CLEC to
CLEC.
Jeopardy - A condition experienced in the service provisioning proc which results potentially in
the inabilty of a carrier to meet the committ due date on a service order
Jeopardy Notice - The actual notice that the ILEC sends to the CLEC when a jeopardy has been
identified.
Lack of Facilties - A shortge of cable facilities identified after a due date has been committed to a
customer, including the CLEC. The facilities shoage may be identified during the inventory
assignment proc or during the service installation pro, and tyically trggers a jepardy.
Local Exchange Routing Guide (LERG) - A Bellcore master file that is use by the telecm
industry to identify NPA-NXX routing and homing infoation, as well as netwrk element and
equipment designations. The fie also includes scheduled netwrk changes assciated with actvity
within the North American Numbering Plan (NANP).
Local Exchange Traffc - Traffc oriinated on the netwrk of a LEC in a locl callng area that
tenninates to another LEC in a local callng area,
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 101
DEFINmON OF TERMS (continued)
Local Number Portability (forme defined under Permanent Number Porbilty and also
known as - Long Term Number Porbility) - A netwrk technoogy which allows end user
customers to retain their telephoe number when moving their serv betwn locl service
providers. This technology dos not emply remote call forrding, but actually allow the
customer's teleph number to be moved and refine in th netwrk of the new service provider.
The activity to move the telephon number is called "portng."
Local Service Request (LSR) - Transctn sent frm th CLEC to th ILEC to ordr services or to
request a change(s) be made to existing services.
MSAlNon-MSA - Metropolitan Statistical Area is a govemment defined geographic are with a
populaton of 50,000 or greater. Non-Metropoitan Statistical Area is a govemment defined
geographic area with population of less than 50,000. Qwest depict MSA Non-MSA based on NPA
NXX. Where a wire center is predominantly within an MSA, all lines are counted wihin the MSA.
Mechanized BiI- A bil that is delivered via electronic transmission.
Nxx NXX Code or Centrl Ofce Code - The three digit switch entity indicator that is defined by
the "0", "E", and "F. digits of a 1o-igit telephone number within the NANP. Each NXX Code
contains 10,000 station numbers.
Plain Old Telephone Service (POTS) - Refers to basic 2-wire, non-cmplex analog residential and
business services, Can include feature capabilities (e.g., CLASS features).
Project - 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 categoried according to
standards issue by OBF andor th FCC.
Ready For Service (RFS)- The status achieved in th installation of a colloction arrngement
when all "operational" work has been completed. Operational work cosists of the following as
applicable to the particular type of colloction:
. Cage enclosure complete;
. DC power is active (including fuses available, BDFB (Battery Distribution Fuse Board) in place,
and cables betwen the CLEC and power terminated);
. Primary AC outlet in place;
. Cable racking and circuit terminations are complete (e.g. fiber jumpers place between the
Outsid Plant Fiber Distribution Panel and the Central Ofce Fiber Distrbution Panel serving th
CLEC). and
. The following items coplete, subjec to the CLEC having mad reuired payments to Qwest
(e.g., final payment): (If the require CLEC paymnts have not ben mad, th folowing items
are not required for RFS):
Key turnver made available to CLEC.
- APOT/CFA complete, as definerequire in th CLEC's internect agrement
and
- Basic telephone service and othr services and facilties complete, if ordered by CLEC in
time to be provided on the scheduled RFS date (per Qwsts published standard installation
intervals for such telephone service).
Ready for Service Date (RFS date) - The due date assigned to a collocation order (tyically
determined by regulatory rulings, contract terms, or negotiations with CLEC) to indicate when
colloction installation is scheduled to be ready for service, as defined above.
Rejec - A status that can occur to a CLEC submitted local service request (LSR) when it does not
meet certin criteria. There are tw types of reject: (1) syntax, which ocur if require 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 coected and re-submitted before provisioing can bein.
Repeat Report - Any trouble report that is a secod (or greater) repo on the same telephone
number/circuit 10 and at the same premises address within 30 days. The original report can be any
category, including exclud reports, and can carr any dispition co.
Service Group Type - The designation used to identify a category of similar services, .e.g., UNE
loops.
Servce Order - The wok order created and distributed in ILECs systems and to ILEC work groups
in response to a complete, valid local service request.
.
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 102
.
.
.
.
DEFINITION OF TERMS (continued)
Service Order Type - The designation used to identify the major tyes of provisioning actvities
assoated with a locl service request.
Standard Intervl- 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 stndard. These intervals are specified by service typ and ty of service modification
requested, ILECs publish these standard intervals in documents used by their own service
representatives as well as orenng instructions provided to CLECs in the Qwst Standard Interval
Guidelines.
Subsquent Report - A trouble report that is taken in relation to a previously-rported trouble pnor
to the date and time the initial report has a status of .close..
Tandem SwItch - Switch used to connect and switch trunk circits between and among Central
Offce switches.
Tini to Restore - The time interval from the receipt, by th ILEC, of a trouble report on a
customer's service to the time service is fully restored to the customer.
Unbundled Network Element - Platform (UNE-P) - Combinations of netwrk elements, including
both new and conversions, involving POTS (i.e" basic services proiding dial tone).
Unbundled Loop - The Unbundled Loop is a transmission path between a Qwest Central Offce
Distribution Frame, or equivalent, and the Loop Demarcation point at an end user premises. Loop
Demarcation Point is defined as the point where Qwest owned or controlled facilties cease, and
CLEC, end user, owner or landlord ownership of facilities begins.
Usage Data - Data generated in network nodes to identify switched call data on a detailed or
summarized basis. Usage data is used to create customer invoices for the calls.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007
Page 103
GLOSSARY OF ACRONYMS .
ACRONYM DESCRIPTION
ACD Automatic Call Distributor
ADSL Asvmmetric Digital Subscber Line
ALI Automatic Line Infortion (for 911Æ911 sYStems)
ASR Service ReQuest (proed via Exact system)
BRI Basic Rate Interfce (tv of ISDN service)
CABS Carrr Acs Biling Svsm
CKT Circuit
CLEC Cooetitive Locl Exchna Carr
CO Cetrl Of
CPE Custor Prse Eauint
CRIS Customer Reco Infali SyStem
CSR Customer Servic Rec
DA Direcorv Asistance
DB Decibel
DB Database
DSO Diçiital Service 0
DS1 Dioital Service 1
DS3 Diaital Service 3
E911 MS E911 Manaçiement System
EAS Extended Area Service
EB-TA Electronic Boina - Troble Administratin
EDI Electronic Da Interc
EELS Enhance Exnd Loo
ES Emerçienev Seic (fo 911/E911)
FOC Finn Or Cofinnation
GUI Graohical Use Interfac
HDSL Hiçih-Bit-Rate Dkit Subsbe Line
HICAP Hioh Caoacitv Diaitl Se
IEC Interexchange Carrer
ILEC Incumbent Locl Exchanii Carrier
INP Interim Number Portbilitv
10F Interoffce Facilities (refers to trnk facilties located between
Qwst central offceš)
ISDN Inteçirated Serices Diçiital Netw
IMA Interconnect Mediated Accs
LATA Local Accss Transport Ara
LERG Local Exchna Routinç Guide
L1DB Line Identification Database
LIS Local Interconnection Servce Trunks
LNP Lonçi Tenn Number Porbilitv
LSR Locl Service Reauest
N, T,C Service Orer Type - - N (new), T (to or transfer), C
(chana)
NANP Nort American Numberinçi Plan
NDM Netwrk Data Mover
NPAC Number Portbility Administration Center
NXX Telephone number prefix
OBF Orderina and Billna Form
OOS Out of servic (tye of trouble condition)
OSS Operations Suooort SYStems
.
Qwest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 104
.
.
.
.
GLOSSARY OF ACRONYMS (continued)
ACRONYM DESCRIPTON.PBX Private Branch Exchano
PON Purchase Order Number
POTS Plain Old Teleohone Service
PRI Primarv Rate Interface (tvoe of ISDN service)
RFS Readvfor Service (refers to collocation installations)
SIA SAAFE (Strtegic Application Aritecture Framework and
Environment) Informtion Accss
SOP Service Order Prossor
SOT Service Order Tvo
SS7 SiQnalinQ System 7STPSianalina Transfer Point
TN Teleohone Number
UDIT Unbundled Dedicated Interoffce Transport
UNE Unbundled Netwk Element
UNE-P Unbundled Netwrk Element- Platform
VRU Voice Resoonse Unit
WFA Work Force Administration
XDSL (x) Digital Subscriber Line. (The "x" prefix refers to DSL
generically. An "x" replaced by an .A" refers t~tsymmetriCDSL, and by an "H" refers to Hiah-bit-rate DSL.
Qwestldaho SGAT Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 105
APPENDIX A .
PO-20 Feature Detail Fields
Feature Detail
Resale and UNE-P (POTS and Centrex 21):
CFN
Validate the call forwarding TN
CFNB
Validate the call forwarding TN
CFND
Validate the call forwrding TN
RCYC
FlO associated wih a call forwrding don't answer USOC that determines how many rings before the call
forwards to the TN provided with the CFN or CFND FIDs.
HLN (HLA Hot Line)
FlO assoiated with the USCC HLA (whch is on our USOC list to validate.) Th Hot Line feture call forward
automaticaiiy to a pre-programmed number. This TN is provide following th HLN FlO. The data provide in
the Feature Detail section on the LSR will be validated against th HLN FlO on the service orr to determine
whether the FlO is present and the TN provided on the LSR wih the FlO is correc on th service order.
LINK (HME CALL FORWARDING TO CELLULAR)
FlO associated with the USCC HME (which is on our USOC list to validate.) The HME feature call forwrds a
call from the landline telephone number to a cellular telephone number. The LINK FlO, along with the PCS
telephone number provided in the Feature Detail sect on the LSR, will be validted against th LINK FlO on
the service orer to determine whethr the FlO is present and the telephone number provide on the LSR
matches the telephone number on the service ordr..DES on DID MBB
If the CLEC requests a DID voice mailbox the DID numbe will follo th FlO DES on the LSR in th Feature
Detail section and on the service order. The DES FlO alo wi th DID telepho number provide in th
Feature Detail section on the LSR wil be validted against the DES FlO on the service order to determine
whether the FlO is present and the DID telephone number provided on the matches the telephone number on
the service order.
Owest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Pag 106
.
.
.
.
APPENDIX A (continued)
TN on Custom Ring USOC (RGG1A etc.)
We currently have 9 custom ring USOCs on our Po-20 USOC list. Alon with the custom ring USOC is th
TN FID. The TN FID along with the custom ring telephone number provided in the Feature Detail section on
the LSR will be validted aginst the TN FID on the service order to determine whether the FID is present and
the custom ring telephone provided on the LSR with the FID is coect on the service order. (The validation
would only apply if the USCC and FID were present in the Feature Detail secion of the LSR.)
CAS (if provid on LSR for SEA)
Call Scning Coe Assignment is a FID assiated with the selective clas of call feature (which is on our
USOC list to validate.) Along with the CAS FID is a two-igit number that indicates what type of screening is
being requested, The CAS FID along with a twigit number is provided in the Feature Detail seion on the
LSR. The Po-20 review will validate that the FID is floated on the service ordr behind the feature USOC and
that the twigit number matches the twigit number provided on the LSR.
WW (if prvided on LSR for TFM)
Working With is a FID assocated with the transfer mailbox feature (which is on our USCC list to validate.)
Along wih the WW FID is a ten-digit number that indicates where the voice mailbox is located. The WW FID
along with th ten-digit number is provided in the Feature Detail section on the LSR. The PO-20 review will
validate that the FID is floated on the service order behind the feature USOC and that the ten-digit number
matches the ten-digit number provided on the LSR.
MBOA (if provide on LSR for VFN)
Mailbox out-dial notification is a FID assocated with the message notificatin feature (which is on our USCC
list to validate.) Along with the MBOA FID is a twigit alphanumeric cobination that indicates where the
notification will be sent (I.e., identifes pager tye.) The MBOA FID along with the two-igit alphanumeric
cobination is provided in the Feature Detail section on the LSR. The Po-20 review will validate that the FID
is floated on the serice order behind the feature USOC and that the tw-digit alphanumeric matches the tw
digit alphanumeric provided on the LSR.
DES on VGT (if provided on LSR)
Description is a FID assoated with the scheduled greeting feature (which is on our USOC list to validate.)
Along with the DES FID is a ten-digit telephne number that reflect the DID mailbox number. The DES FID
along wi the ten-digit telephone number is provided in the Feature Detail section on the LSR. The PO-20
review wil validate that the FID is floated on the service order behind the feature USCC and that the ten-digit
telephone number matches the ten-digit telephone number provided on the LSR.
WL T (WS Warm Une)
Warm line timeout is a FID associated with the warm line feature. Along with the WL T FID is a one or tw
numeric value that indicates the number of seconds that must elapse before the DMS-100 switch sets up the
connecton for a warm line servce number. The WL T FID along with the one or tw numeric value is provided
in the Feature Detail section on the LSR. The Po-20 review will validate that the FID is floated on the service
order behind the feature USCC and that the one or tw numeric value matches the one or two numeric value
proided on the LSR.
Owest Idaho SGAT Third Revision, Eighth Amended Exibit B June 26, 2007 Page 107
APPENDIX A (continue)
FIDs associated with WFA (800 servce line feature which is on our usoe list to validae):
SIT (if provided on LSR for WFA)
Special identifyng telephone number is a FlO associated with the 800 service line feature. Along with
the SIT FlO is a ten-digit telephone number that reflects the 800, 888, 877, or 866 service line feature.
The SIT FlO along with the ten-digit telephone number is provided in the Feature Detail section on the
LSR. The PO-20 review wil validate that the FlO is floated on the service order behind the feature
usoe and that the ten-digit telephne number matches the ten-digit telephone number provided on
the LSR.
.
SIS (if provide on LSR fo WFA)
Special Identifyng Telephone Number Supplemental is a FlO assted with the 80 service line
feature. The SiS FlO along with a one-igit number is provide in th Feature Detail secton on the
LSR. The PO-20 review wil validate that the FlO is floated on th servce order behind the feature
usoe and that the one-digit number matches th oneigit number pro on the LSR.
ELN (if provided on LSR fo WFA)
800 Service listed name is a FlO assoiated wi the 800 servce line feature. Along with the ELN FlO
is a listed name, which follows the fomiat of a busines name. The ELN FlO along with the name is
provided in the Feature Detail section on the LSR. The Po-20 review will validate that the FlO is
floated on the service order behind the feature usoe and that the name matches th 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 fomiat of a listed address plus LATA, State, and ZiP coe. 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 servce ordr behind the feature usoe 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 wih th 800 service line feture. Alon wi the AOS FlO are one
to tw alphanumeric charaers and thre numenc character which reprents LATA and Ae of th
address. The AOS FlO along with the additionl charaers are provid in the Feature Detail section
on the LSR. The PO-20 review will validate that the FlO is floa on the serv order behind th
feature usoe and that the aditional characters match the additonal characters provided on the LSR.
ALe (if provided on LSR for WFA)
IntraLATA carrer is a FlO associated with the 800 service line feature. It indicates the IntraLATA
carrer for the 800 service. Along with the ALC FlO is the three-digit code (OTC) for the IntraLATA
carrier. The ALe FlO along with the three-digit coe 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 coe matches the threeigit coe provided on the LSR.
.
Owest Idaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 108
.
.
.
.
APPENDIX A (continued)
Resale and UNE-P Centrex 21
FIOs associated wit S03, S05, SFB, C2TAX (Electronic Business Set USOCs which are on our USO
list to validate):
KEY (If provided on LSR for Electnic Business Set EBS USOC)
Key Designation (KEY number) is a FlO associated with the Electronic Business Set feature. Along
with the KEY FlO is a numeric value that indicates the key designated for different features or lines on
the EBS. The KEY FlO along with the numeric value is proided in the Feature Detail seion on the
LSR. The PO-20 review will validate that the FlO is floated on the service order behind the feature
USOC and that the numeric value matches the numeric value prvided on the LSR.
MADN (If provided on LSR for Elenic Business Set EBS USOCs)
Multiple Appearance Directory Number Call Arrangement is a FlO assated with th Eleconic
Business Set feature. Along with the MAON FlO is a set of alpha values that indicate the typ,
appearance and ring status desire for different features or lines on the EBS. The KEY FlO along with
the alpha values is provided in the Feature Detail setion on the LSR. Th PO-20 review will validate
that the FlO is floated on the service order behind the feature USOC and that the alpha values match
the alpha values provided on the LSR.
ROL (If provided on LSR for Electronic Busines Set EBS USOCS)
Ring On Line is a FlO associated wih the Electronic B.usiness Set feature. Alon with the ROl FlO is
an alpha value that indicates if the line wil ring (Y or N). The ROL FlO along with the alpha value is
provided in the Feature Detail section on the LSR. The PÛ-20 review will validate that the FlO is
floated on the service order behind the feature USOC and that the alpha value matches the alpha
value provided on the LSR.
TTD (If provided on LSR for C2TAX
Terminal Type is a FlO assoiated with the adjunct moule feature. Along with the TTO FlO is a 4
character alpha value based on customer equipment. The TTO FlO along with the 4 character alpha
value is provided in the Feature Detail section on the LSR. The Pû-20 review will validate that the FlO
is flted on the service order behind the feature USOC and that the 4 character alpha value matches
the 4 character alpha value provided on th LSR.
Owest Idaho SGA T Third Revision, Eighth Amended Exhibit B June 26, 2007 Page 109
APPENDIX A (continued)
FIDs associated with E3PPK (CALL PICK-UP feature which is on our USOC list to validate):
CPG (N provided on LSR for E3PPK)
caii Pickup Group is a FID assoated with the CALL PICK-UP feature. Along with the CPG FID is a
1-3 digit numeric value that identifies the call pickup group. The CPG FID along with the 1-3 digit
numeric value is provided in the Feature Detail sectio on the LSR. The Po-20 review wil validate that
the FID is floated on the service order behind the featre USOC and that the 1-3 digit numeri value
matches the 1-3 digit numeric value provided on th LSR.
.
CPUO (N provided on LSR for E3PPK)
Call Pickup-Originating is a FID assated with th CALL PICK-UP feature. Alng with the CPUO FID
is an alphanumeric value that identifies the call pickup grop. Th CPUO FID alog with th
alphanumeric value is provided in the Feature Detail sec on th LSR. The Po-20 revie wil
validate that the FID is floated on th service ord behind th feature USOC and that the
alphanumeric value matches alphanumeric value provided on the LSR.
CPUT (If provided on LSR for E3PPK)
Call Pickup-Terminating is a FID associated with the CALL PICK-UP feature. Along with the CPUT
FID is an alphanumeric value that identifies the call pickup group. The CPUT FID along with the
alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review will
validate that the FID is floated on the service order behind the feature USOC and that the
alphanumeric value matches alphanumeric value provided on the LSR.
FIDs associated with GVJ, EZ, GVZ, GV2, EVH, GW (Sped 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 assocated with th Speed call feature. Alo with th SCG FID is a 7 digit
numeric value that identifies the controller of th group. The SCG FID alog with the 7 digit numeric
value is provided in the Feature Detail secon on th LSR. The Po-20 reiew will validate lhtthe FID
is floated on the service order behind the feature USOC and that the 7 digit numeric value matches 7
digit numeric value provided on the LSR.
CSL (If provided on LSR for Sped call USOCS)
Change Speed Callng Group List is a FID associated with the Speed call feature. Along with the CSL
FID is a 2 digit numeric value that identifies the size of the group list. The SCG FID along with the 7
digit numeric value is provided in the Feature Detail secton on the LSR. The PO-20 review will
validate that the FID is floated on the service order behind the feature USOC and that the 2 digit
numeric value matches 2 digit numeric value provided on the LSR..
SCF (If provided on LSR for Sped call USOC)
Speed callng Feature Name is a FID associated wi the Spe 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 secion 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.
Qwestldaho SGAT Third Revision, Eighth Amended Exhibit B June 26,2007 Page 110
.
.EXHIBIT C
See Qwest's Wholesale web-site for the Service Interval Guide.
.
.Exhibit C -Qwest Fourteen State Template Version 1.8, May 11, 2005
1
.
.
.
Exhibit D
Date General Information Provided bý Qwest:
General Agreement:BAN Number(must be assigned before processing):
REVISED QWEST RIGHT OF WAY, POLE ATTACHMENT, INNERDUCT OCCUPANCY GENERAL
INFORMATION: EFFECTIVE 6/29/01
1 1. PURPOSE. The purpose of this General Information document is to share information and
provide or deny permission to attach and maintain CLEC's facilties ("Facilties") to Qwest
Corporation's rQwest") Poles, to place Facilities on or within Qwest's Innerduct (collectively
"Poles/lnnerduct") and to obtain access to Qwest's private right of way ("ROW), to the extent Qwest
has the right to grant such access. This General Information is necessary to determine if Qwest can
meet the needs of the CLEC's request but does not guarantee that physical space or access is
currently available. Permission wil be granted on a first-come, first-serve basis on the terms and
conditions set forth in the appropriate agreement pertaining to "Poles/lnnerduct".
2 PROCESS. The Qwest process is designed to provide the CLEC the information so as to assist
CLEC and Qwest to make Poles, Innerduct and ROW decisions in a cost-effcient manner. The
Process has these distinct steps:
2.1 Inguirv Review - Attachment 1.A (Database Search), The CLEC is requested to review
this document and return Attachment 1.A along with two copies of a map and the nonrefundable
Inquiry Fee, calculated in accrdance with Attachment 1.A hereto. These fees are intended to
cover Qwest's expenses associated with performing an intemal record (database) review,
preparing a cost estimate for the required field survey, setting up an account, and determining
time frames for completion of each task to meet the CLEC's Request. Be sure a BAN number is
assigned by the Qwest Service Support Representative for each request before sending an
Attachment 1.A. To request a BAN number send an email requesting one to:
wholesale.servicessupporteaiÚÙgwest.com. Include your name, company, phone number, email
address, city and state of our inquiry. A BAN number wil be assigned to your inquiry and wil be
emailed to you along with other materials.
As indicated on Attachment 1.A, a copy of the signed Attachment and maps of the desired route
must be emailed to wholesale.servicessupporteam~qwest.com while the fee must be sent to the
Qwest CLEC Joint Use Manager with the original signed Attachment 1.A The map should clearly
show street names and highways along the entire route, and specific locations of entry and exit of
the ROW/ducUpole system. Area Maps should be legible and identify all significant geographic
characteristics including, but not limited to, the following: Qwest central offces, streets, cities,
states, lakes, rivers, mountains, etc. Qwest reserves the right to reject ilegible or incomplete
maps. If CLEC wishes to terminate at a partcular manhole (such as a pal) it must be indicated
on the maps. For ROW: Section, Range and Township, to the ~ section must also be provided.
Qwest wil complete the Inquiry review and prepare and return a Poles/lnnerduct
Verification/ROW Access Agreement Preparation Costs Quotation (Attachment 1.B) to the CLEC
generally within ten (10) days or the applicable federal or state law, rule or regulation that governs
this Agreement in the state in which Innerduct attachment is requested. In the case of poles,
Qwest wil assign a Field Engineer and provide his/her name and phone number to the CLEC.
The Field Engineer wil check the locl database and be available for a joint verification with the
CLEC. The Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation
wil be valid for thirt (30) calendar days from the date of quotation. The Inquiry step results only
Qwest Idaho October 4, 2004 Page 1
Exhibit D
in the location and mapping of Qwest facilities and does not indicate whether space is available.
This information is provided with Attachment 1.8.
In the case of ROW, Qwest will prepare and return a ROW information matrix and a copy of
agreements listed in the ROW Matrix, within ten (10) days. The ROW Matrix wil identify (a) the
owner of the ROW as reflected in Qwests records, and (b) the nature of each ROW (Le., publicly
recorded and non-recorded). The ROW information matrix wil also indicate whether or not Qwest
has a copy of the ROW agreement in its possession. Qwest makes no representations or
warranties regarding the accuracy of its records, and CLEC acknowledges that, to the extent that
real propert rights run with the land, the original granting party may not be the current owner of
the propert.
In the case of MDUs, Qwest wil prepare and return an MDU information matrix, within ten (1-0)
days, which wil identify (a) the owner of the MDU as reflected in Qwests records, and (b)
whether or not Qwest has a copy of the agreement between Qwest and the owner of a specific
multi-dwellng unit that grants Qwest accss to the multi-dwellng unit in its possession. Qwest
makes no representations or warranties regarding the accuracy of its records, and CLEC
acknowledges that the original landowner may not be the current owner of the propert.
Qwest wil provide to CLEC a copy of agreements listed in the Matrices that have not been
publicly recorded if CLEC obtains authorization for such disclosure from the third part owner(s)
of the real propert at issue by an executed version of the Consent to Disclosure form, which is
included in Attachment 4. Qwest wil redact all dollar figures from copies of agreements listed in
the Matrices that have not been publicly recorded that Owest provides to CLEC. Alternatively, in
order to secure any agreement that has not been publicly recorded, a CLEC may provide a
legally binding and satisfactory agreement to indemnif Owest in the event of any legal action
arising out of Qwests provision of such agreement to CLEC. In that event, the CLEC shall not be
required to execute the Consent to Disclosure form.
If there is no other effective agreement (i.e., an Interconnection Agreement) between CLEC and
Qwest concerning accèss to Poles, Ducts and ROW, then Attachment 3 must be executed by
both parties in order to start the Inquiry Review and in order for CLEC to obtain access to Poles,
Ducts and/or ROW.
2.2 Attachment 1.8 (Verification) & Attachment 4 (Access Agreement Preparation). With
respect to Poles and Innerduct, upon review and acceptance of signed Attachment 1.8 and
payment of the estimated verification costs by the CLEC, Qwest wil conduct facilties verification
and provide the requested information which mayor may not include the following: a review of
public and/or internal Qwest right-of-ways records for restrictions, identification of additional
rights-of-way required; a field survey and site investigation of the Innerduct, including the
preparation of distances and drawings, to determine availability on existing Innerduct;
identification of any make-ready costs required to be paid by the CLEC, if applicable, prior to
installng its facilties. In the case of Poles, Attachment 1.8 orders the field verification which may
be done jointly. A copy of the signed Attachment 1.8 should be emailed to
wholesale.servicessupporteam~qwest.com while the appropriate fees should be sent to .the
Qwest-CLEC Joint Use Manager with the original signed Attachment 1.8. Upon completion of the
verification, Attachment 2 wil be sent to the CLEC by Qwest.
With respect to ROW, upon review and acceptance of signed Attachment 1.8 and payment of the
ROW conveyance consideration, Qwest wil deliver to the CLEC an executed and acknowledged
Access Agreement to the CLEC in the form attched hereto as Attachment 4 (the "Access
Qwest Idaho Page 2October 4, 2004
.
.
.
.
.
.
Exhibit D
Agreement"). In the event that the ROW in question was created by a publicly recorded docment
and Qwest has a copy of such document in its files, a copy of the Right-of-Way Agreement, as
defined in the Access Agreement, wil be attached to the Access Agreement and provided to the
CLEC at the time of delivery of the Access Agreement. If the ROW was created by a document
that is not publicly recorded, or if Qwest does not have a copy of the Right-of-Way Agreement in
its possession, the Access Agreement wil not have a copy of the Right-of-Way Agreement
attached. If the ROW was created by a non-publicly recorded document, but Qwest does not
have a copy of the Right-of-Way Agreement in its possession, the CLEC must obtain a copy of
the Right-of-Way Agreement or other suitable documentation reasonably satisfactory to Qwest to
describe the real propert involved and the underlying rights giving rise to the Access Agreement.
Although Qwest wil provide thé identity of the original grantor of the ROW, as reflected in
Qwests records, the CLEC is responsible for determining the current owner of the propert and
obtaining the proper signature and acknowledgement to the Access Agreement. If Owest does
not have a copy of the Right-of-Way Agreement in its records, it is the responsibility of the CLEC
to obtain a copy of the Right-of-Way Agreement. If the ROW was created by a publicly recorded
document, the CLEC must record the Access Agreement (with the Right-of-Way Agreement
attached) in the real propert records of the county in which the propert is located. If the ROW
was created by a grant or agreement that is not publicly recorded, CLEC must provide Qwest with
a copy of the properly executed and acknowledged Access Agreement and, if applicable, properly
executed Consent Regarding Disclosure form or letter of indemnification.
Qwest is required to respond to each Attachment 1.8. submitted by CLEC within 35 days of
receiving the Attachment 1.8. In the event that Qwest believes that circumstances require a
longer duration to undertake the activities reasonably required to deny or approve a request, it
may petition for relief before the Commission or under the escalation and dispute resolution
procedures generally applicable under the interconnection agreement, if any, between Owest and
CLEC.
2.3 Poles/Duct Order Attachment 2 (Access). In the case of Poles and Innerduct, upon
completion of the inquiry and verification work described in Section 2.2 above, Qwest wil provide
the CLEC a Poles/lnnerduct Order (Attachment 2) containing annual recurrng charges, estimated
Make-ready costs. Upon receipt of the executed Attachment 2 Order form from the CLEC and
applicable payment for the Make-Ready Fees identified, Qwest wil assign the CLEC's requested
space; Qwest wil also commence the Make-ready work within 30 days following payment of the
Make-Ready Fees. Qwest wil notify CLEC when Poles/lnnerduct are ready for attachment or
placement of Facilities. A copy of the signed Attachment 2 form should be emailed to
wholesale.servicessupporteam(ágwest.com while the payment should go to the Joint Use
Manager along with the original signed Attachment 2.
NOTE: Make-ready work performed by Qwest concerns labor only. For Poles it involves
rearrangement to accommodate the new attachment. For Innerduct, it involves placing the
standard three innerducts in the conduit to accommodate fiber cable where spare conduit exists.
Segments without conduit space are considered "blocked". Qwest will consider repair or clearing
damaged facilities, but may not construct new facilties as part of Make-ready work.
Construction work to place ,conduit or replace poles may be required where facilities are blocked.
The CLEC may contract separately with a Qwest-approved contractor to complete the
construction provided a Qwest inspector inspects the work during and after construction. If other
parties benefit from construction, the costs may be divided among the beneficiaries. Construction
Qwest Idaho October 4, 200 Page 3
Exhibit D
costs are not included in Attachment 2. The CLEC is not encouraged to sign the Poles/lnnerduct
Order (Attachment 2) until provisions have been made for construction.
.
2.4 Provision of ROW/Poles/lnnerduct. Qwest agrees to issue to CLEC for any lawfl
telecommunications purpose, a nonexclusive, revocble Order authorizing CLEC to install,
maintain, rearrange, transfer, and remove at its sole expense its Facilties on Poles/lnnerduct to
the extent owned or controlled by Qwest. Qwest provides access to Poles/lnnerductROW in
accordance with the applicable federal, state, or local law, rule, or regulation, incorporated herein
by this reference, and said body of law, which governs this Agreement in the state in which
Poles/lnnerduct is provided. Any and all rights granted to CLEC shall be subject to and
subordinate to any future federal, state, and/or local requirements. Nothing in this General
Information shall be construed to require or compel Qwest to construct, install, modify, or place
any Poles/lnnerduct or other facility for use by the CLEC.
The costs included in the Polesllnnerduct Verification Fee are used to cover the costs incurred by
Qwest in determining if Polesllnnerduct space is available to meet the CLEC's request; however,
the CLEC must agree and will be responsible for payment of the actuál costs incurred if such
costs exceed the estimate. If the actual costs are less than the estimate, an appropriate credit
can be provided upon request. If Qwest denies access, Qwest shall do so in writing, specifying
the reasons for denial within 45 days of the initial inquiry.
Likewise, the fees included in the ROW processing costs quotation are used to cover the costs
incurred by Qwest in searching its databases and preparing the Access Agreement. In the event
that complications arise with respect to preparing the Access Agreement or any other aspect of
conveying access to Qwests ROW, the CLEC agrees to be responsible for payment of the actual
costs incurred if such costs exceed the standard fees; actual costs shall include, without .
limitation, personnel time, including attorney time.
3. DISPUTE RESOLUTION
3.1. Other than those claims over which a federal or state regulatory agency has exclusive
jurisdiction, all claims, regardless of legal theory, whenever brought and whether between the
parties or between one of the parties to this Agreement and the employees, agents or affliated
businesses of the other party, shall be resolved by arbitration. A single arbitrator engaged in the
practice of law and knowledgeable about telecommunications law shall conduct the arbitration in
accordance with the then current rules of the American Arbitration Association ("AA") unless
otherwise provided herein. The arbitrator shall be selected in accordance with AA procedures
from a list of qualified people maintained by AA. The arbitration shall be conducted in the
regional AA offce closest to where the claim arose.
3.2. All expedited procedures prescribed by the AA shall apply. The arbitrator's decision
shall be final and binding and judgment may be entered in any court having jurisdiction thereof.
3.3. Other than the determination of those claims over which a regulatory agency has
exclusive jurisdiction, federal law (including the provisions of the Federal Arbitration Act, 9 U.S.C.
Sections 1-16) shall govern and control with respect to any issue relating to the validity of this
Agreement to arbitrate and the arbitrability of the claims.
3.4. If any part fies a judicial or administrative action asserting claims subject to arbitration,
and another part successfully stays such action and/or compels arbitration of such claims, the
Qwest Idaho October 4, 2004 Page 4 .
.
.
.
Exhibit D
party filing the action shall pay the other part's costs and expenses incurred in seeking such stay
or compellng arbitration, including reasonable attorney's fees.
Qwest Idaho October 4, 2004 Page 5
Exhibit D
ATTACHMENT 1. A
Poles/lnnerductl or ROW Inquiry Preparation Fee
General Agreement
BAN Number (one for each route must be assigned before processing):
.
Date Submitted:Date Replied to CLEC:
CLEC Name
Biling Address:
Phone Number:
State and city of inquiry:
Contact name:
e-mail address:
Poles/lnnerduct Permit Database Search Costs Quotation(One Mile Minimum) Costs Est. Miles Total
1. Pole Inquiry Fee (see attached pricing chart) X
2. Innerduct Inquiry Fee (see attched pricing chart) X
3. ROW Records Inquiry (see attached pricing chart) X
4. Estimated Interval for Completion of Items 1, 2 or 3: 10
5. Additional requirements of CLEC:
= $
= $
= $
Days
This Inquiry wil result in (a) for Poles and Innerduct: a drawing of the duct or innerduct structure
fitting the requested route, if available, and a quote of the charges for field verification, and/or (b)
in the case of ROW, a ROW identification matrix, a quote of the charges for preparation of and .
consideration for, the necessary Access Agreements, and copies of ROW documents in
Qwests Possession. (c) For Poles, the name and telephone number of the Field Engineer are
provided so that the CLEC may contact the Qwest Field engineer and discuss attachment plans.
If a field verification of poles is required, Attachment 1.B must be completed and the appropriate
charges paid. Innerduct verification is always needed.
By signing below and providing payment of the Estimated Costs identified above, the CLEC
desires Qwest to proceed with the processing of its database/records search and acknowledges
receipt of this General Information, including the General Terms and Conditions under which
Qwest offers such Poles/lnnerduct. Quotes expire in 30 days.
Owest Corporation
SiQnature Signature
Name Tvoed or Printed Name Typed or Printed
Title Title
Date Date
This signed form (original) must be sent with a check for the Inquiry amount (to "Owest") to:
Qwest Idaho October 4, 200 Page 6 .
.
.
.
Exhibit 0
Manager, Qwest Joint Use, 6912 S Quentin, Suite 101, Englewood, CO 80112 303-784-0387
A copy of this form must be sent with two acceptably-detailed maps showing the requested route to:
Qwest Service Representative at: wholesale.servicessuPDorteam(ágwest.com. Put "Agree" on
signature line.
Qwest Idaho October 4, 2004 Pag 7
Exhibit 0
ATTACHMENT 1.B .
General Agreement
BAN Number:
Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation
Date Nonrefundable Received:Date Replied to CLEC:
**NOTE: THIS ATTACHMENT WILL BE COMPLETED BY QWEST AND SENT TO THE CLEC FOR
SIGNATURE AFTER THE DATABASE INQUIRY IS COMPLETE.**
Estimated Costs Number Total Charge
$
$
$
$
1. Pole Field Verification Fee (10 pole minimum)
2. Innerduct Field Verification Fee
3. Preparation of private ROW documents
4. Access Agreement Prep. and Consideration$lO/ Access Agreement
5. Estimated Interval to Complete Items 1 or2 or 3 and/or 4:Working Days
Comments:.
By signing below and providing payment of the Total Estimated Costs identified above, the CLEC desires
Qwest to proceed with the processing of its field survey/preparation of Access Agreements, and
acknowledges receipt of this General Information, including the General Terms and Conditions under
which Qwest offers such ROW/Poles/lnnerduct. The CLEC acknowledges the above costs are estimates
only and CLEC may be financially responsible for final actual costs which exceed this estimate, or
receive credit if requested. Quotes expire in 30 days.
Qwest Corporation
Signature Signature
Name Typed or Printed Name Typed or Printed
Title Title
Date Date
The original signed form must be sent with a check for the verification amount to:
Qwest Idaho October 4, 200 Page 8 .
.
.
.
Exhibit 0
Manager, Qwest CLEC Joint Use, 6912 S Quentin, Suite 101, Englewood, CO 80112
An email COPYOfthisformmustbesentto:wholesale.servicessupprteamCigwest.com. with "Agree" on
the signature line.
Qwest Idaho October 4, 2004 Page 9
Exhibit D
ATTACHMENT 2
Poles/lnnerduct Order General Agreement
BAN Number:
**NOTE: THIS FORM WILL BE COMPLETED BY QWEST AND SENT TO CLEC FOR SIGNATURE**
Make-ready Work required: Yes ( ) No () Date Received
If Yes is checked, estimated Make-ready costs: $
The following Attachments are hereby incorporated by reference into this Order:
1. Term - Effective Date -
2. Summary of Field Results (including Make-Ready work if required).
3. When placing fiber, CLEC must:
a. provide Qwest representative, a final design of splice, racking and slack locations in Qwest utilty holes.
b. tag all equipment located inIon Qwests facilties from beginning of the route to the end, and at the entrance and
exit of each utility hole with the following information: (1) CLEC's Name and Contact Number, (2) Contract Number
and Date of Contract, (3) Number of Fibers in the Innerduct and Color of Occupied Innerduct.
A i thO P 'tIRChnnuaecurrnQarQes or is ermi:
Total Annual
Annual Chame Quanti Charge
1. Pole Attachment, Per Pole $I $
2, Innerduct Occupancy, Per Foot $$
3.Request conf. call for Construction?YES NO
Please check YES if construction by Qwest is needed for accss to Qwest manholes (e.g. core drills, stubouts, not
innerduct placement) For Poles, quantity is based on the number of vertical feet used (One cable attachment = one
foot). If you do not place an order at this time, these Polesllnnerduct wil be assigned on a first come-first served
basis.
Additional Comments: THE ESTIMATED COSTS ARE FOR THE INSTALLATION OF INNERDUCT OR
REARRANGEMENT PER THE WORK SHEETS. THE ANNUAL RECURRING CHARGE FOR YEAR 2001 HAS
BEEN PRORATED TO (/DAY * DAYS). PLEASE PROVIDE PAYMENT FOR THE MAKE-
READY COSTS AND THE PRORATED 2001 RECURRING FEE ALONG WITH THIS SIGNED ORDER
By signing below and providing payment of the Make-ready costs and the first yeats prorated Annual Recurring
Charge (or, if CLEC requests Semiannual biling, then the first half-yeats prorated Semiannual Recurring Charge),
the CLEC desires Qwest to proceed with the Make-ready Work identified herein and acknowledges receipt of the
General Terms and Conditions under which Qwest offers such Poles/lnnerduct. By signing this document you are
agreeing to the access described herein. Quotes expire in 90 days.
Return this signed form and check to: Manager, Joint Use Supervisor, Suite 101, 6912 S. Quentin,
EngJewood, CO 80112. Send a copy to: whoJesale.servicessupporteam~Qwest.com.
Qwest Corporation
SiQnature SiQnature~
Name Typed or Printed Name Typed or Printed
Qwest Idaho October 4, 200 Page 10
.
.
.
Exhibit 0.
I
I TWe §:::Date
.
"
.Qwest Idaho October 4, 200 Page 11
Exhibit D
ATTACHMENT 3 .
General Agreement:
QWEST RIGHT OF WAY ACCESS, POLE ATTACHMENT ANDIOR INNERDUCT OCCUPANCY
GENERAL TERMS AND CONDITIONS
This is an Agreement between ("CLEC") and Qwest Corporation ("Qwest"), for
one or more Orders for the CLEC to obtain access to Qwests Right-of-Way ("ROW") and/or to
install/attach and maintain their communications facilities ("Facilties") to Qwests Poles and/or placement
of Facilties on or within Qwests Innerduct (collectvely "Poles/lnnerduct") described in the General
Information and CLEC Map, which are incorporated herein by this reference (singularly "Ordet' or
collectively, "Orders"). If there is no other effective agreement (i.e., an Interconnection Agreement)
between CLEC and Qwest concerning access to Poles, Ducts and ROW, then this
Agreement/Attachment 3 must be executed by both partes in order to start the Inquiry Review and in
order for CLEC to obtain access to Poles, Ducts and/or ROW.
1. SCOPE.
1.1 Subject to the provisions of this Agreement, Qwest agrees to issue to CLEC for any lawful
telecommunications purpose, (a) one or more nonexclusive, revocable Orders authorizing
CLEC to attach, maintain, rearrange, transfer, and remove at its sole expense its Facilties
on Poles/lnnerduct owned or controlled by Qwest, and/or (b) access to Qwests ROW to
the extent that (i) such ROW exists, and (ii) Owest has the right to grant access to the
CLEC. Any and all rights granted to CLEC shall be subject to and subordinate to any
future local, state and/or federal requirements, and in the case of ROW, to the original
document granting the ROW to Owest or its predecessors..
1.2 Except as expressly provided herein, nothing in this Agreement shall be construed to
require or compel Qwest to construct, install, modify, or place any Poles/lnnerduct or other
facility for use by CLEC or to obtain any ROW for CLEC's use.
1.3 Qwest agrees to provide access to ROW/Poles/lnnerduct in accordance with the
applicable local, state or federal law, rule, or regulation, incorporated herein by this
reference, which governs this Agreement in the state in which Poles/lnnerduct is provided.
2. TERM. Any Order issued under this Agreement for Pole attachments or Innerduct occupancy
shall continue in effect for the term specified in the Order. Any access to ROW shall be non-
exclusive and perpetual, subject to the terms and conditions of the Access Agreement (as
hereinafter defined) and the original instrument granting the ROW to Qwest. This Agreement shall
continue during such time CLEC is providing Poles/lnnerduct attachments under any Order to this
Agreement.
3. TERMINATION WITHOUT CAUSE.
3.1 To the extent permitted by law, either party may terminate this Agreement (which wil have
the effect of terminating all Orders hereunder), or any individual Order(s) hereunder,
without cause, by providing notice of such termination in writing and by certified Mail to the
other part. The written notice for termination without cause shall be dated as of the day it ~j
Qwest Idaho October 4, 200 Page 12 .
.
.
.
Exhibit 0
is mailed and shall be effective no sooner than one hundred twenty (120) calendar days
from the date of such notice.
3.2.Termination of this Agreement or any Order hereunder does not release either part from
any liabilty under this Agreement that may have accrued or that arises out of any claim
that may have been accring at the time of termination, including indemnity, warranties,
and confidential information.
3.3 If Owest terminates this Agreement for Cause, or if CLEC terminates this Agreement
without Cause, CLEC shall pay termination charges equal to the amount of fees and
charges remaining on the terminated Order(s) and shall remove its Facilities from the
Poles/lnnerduct within sixt (60) days, or cause Owest to remove its Facilities from the
Poles/lnnerduct at CLEC's expense; provided, however, that CLEC shall be liable for and
pay all fees and charges provided for in this Agreement to Owest until CLEC's Facilties
are physically removed. Notwithstanding anything herein to the contrary, upon the
termination of this Agreement for any reason whatsoever, all Orders hereunder shall
simultaneously terminate.
3.4 If this Agreement or any Order is terminated for reasons other than Cause, then CLEC
shall remove its Facilities from Poles/lnnerduct within one hundred and eighty (180) days
from the date of termination; provided, however, that CLEC shall be liable for and pay all
fees and charges provided for in this Agreement to Owest until CLEC's Facilties are
physically removed.
3.5 Owest may abandon or sell any Poles/lnnerduct at any time by giving written notice to the
CLEC. Upon abandonment of Poles/lnnerduct, and with the concurrence of the other
CLEC(s), if necessary, CLEC shall, within sixty (60) days of such notice, either apply for
usage with the new owner or, purchase the Polesllnnerduct from Owest, or remove its
Facilities therefrom. Failure to remove its Facilties within sixt (60) days shall be deemed
an election to purchase the Poles/lnnerduct at the current market value.
4. CHARGES AND BILLING.
4.1. CLEC agrees to pay Owest Poles/lnnerduct usage fees ("Fees") as specified in the Order.
Fees wil be computed in compliance with applicable local, state and Federal law,
regulations and guidelines. Such Fees wil be assessed, in advance on an annual basis.
Annual Fees wil be assessed as of January 1st of each year. Fees are not refundable
except as expressly provided herein. CLEC shall pay all applicable Fees and charges
specified herein within thirt (30) days from receipt of invoice. Any outstanding invoice will
be subject to applicable finance charges.
4.2. Owest has the right to revise Fees, at its sole discretion, upon written notice to CLEC
within at least sixty (60) days prior to the end of any annual billng period.
5. INSURANCE. The CLEC shall obtain and maintain at its own cost and expense the following
insurance during the life of the Contract:
5.1. Workers' Compensation and/or Longshoremen's and Harbor Workers Compensation
insurance with (1) statutory limits of coverage for all employees as required by statute;
and (2) although not required by statute, coverage for any employee on the job site; and
Qwest Idaho October 4, 200 Page 13
Exhibit D
(3) Stop Gap liabilty or employets liabilty insurance with a limit of One Hundred
Thousand Dollars ($100,000.00) for each accident.
5.2 General liability insurance providing coverage for underground hazard coverage
(commonly referred to as "U" coverage), products/completed operations, premises
operations, independent contractots protection (required if contractor subcontracts the
work), broad form propert damage and contractual liability with respect to liabilty
assumed by the CLEC hereunder. This insurance shall also include: (1) explosion
hazard coverage (commonly referred to as "X" coverage) if the work involves blasting and
(2) collapse hazard coverage (commonly referred to as "C" coverage) if the work may
cause structural damage due to excavation, burrowing, tunneling, caisson work, or under-
pinning. The limits of liability for this coverage shall be not less than One Milion Dollars
($1,000,000.00) per occurrence combined single limit for bodily injury or propert damage.
These limits of liability can be obtained through any combination of primary and excess or
umbrella liability insurance.
5.3 Comprehensive automobile liability insurance covering the use and maintenance of
owned, non-owned and hired vehicles. The limits of liabilty for this coverage shall be not
less than One Millon Dollars ($1,000,000.00) per occurrence combined single limit for
bodily injury or propert damage. These limits of liabilty can be obtained through any
combination of primary and excess or umbrella liability insurance.
5.4 Owest may require the CLEC from time-to-time during the life of the Contract to obtain
additional insurance with coverage or limits in addition to those described above.
However, the additional premium costs of any such additional insurance required by
Owest shall be bome by Owest, and the CLEC shall arrange to have such costs biled
separately and directly to Owest by the insuring carrier(s). Owest shall be authorized by
the CLEC to confer directly with the agent(s) of the insuring carrier(s) concerning the
extent and limits of the CLEC's insurance coverage in order to assure the suffciency
thereof for purposes of the work performable under the Contract and to assure that such
coverage as a hole with respect to the work performable are coordinated from the
standpoint of adequate coverage at the least total premium costs.
5.5 The insuring carrier(s) and the form of the insurance policies shall be subject to approval
by Owest. The CLEC shall forward to Owest, certificates of such insurance issued by the
insuring carrier(s). The insuring carrer(s) may use the ACORD form, which is the
Insurance Industries certificate of insurance form. The insurance certificates shall provide
that: (1) Owest is named as an additional insured; (2) thirt (30) calendar days prior
written notice of cancellation of, or material change or exclusions in, the policy to which
the certificates relate shall be given to Owest; (3) certification that underground hazard
overage (commonly referred to as "U" coverage) is part of the coverage; and (4) the words
"pertains to all operations and projects performed on behalf of the certificate holdet' are
included in the description portion of the certificate. The CLEC shall not commence work
hereunder unti the obligations of the CLEC with respect to insurance have been fulfilled.
The fulfillment of such obligations shall not relieve the CLEC of any liability hereunder or
in any way modify the CLEC's obligations to indemnify Owest.
5.6 Whenever any work is performed requiring the excavation of soil or use of heavy
machinery within fift (50) feet of railroad tracks or upon railroad right-of-way, a Railroad
Protective Liabilty Insurance policy wil be required. Such policy shall be issued in the
name of the Railroad with standard limits of Two Milion Dollars ($2,000,000.00) per
Qwest Idaho Page 14October 4, 2004
.
.
.
.
.
.
Exhibit D
occurrence combined single limit for bodily injury, propert damage or physical damage to
property with an aggregate limit of Six Milion Dollars ($6,000,000.00). In addition, said
policy shall name Owest and the CLEC/SubCLEC on the declarations page with respect
to its interest in these specific job. Said insurance policy shall be in form and substance
satisfactory both to the Qwest and the Railroad and shall be delivered to and approved by
both parties prior to the entry upon or use of the Railroad Propert.
5.7 Whenever any work must be performed in the Colorado State Highway right-of-way,
policies and certificates of insurance shall also name the State of Colorado as an
additional insured. Like coverage shall be furnished by or on behalf of any subcontractor.
Copies of said certificates must be available on site during the performance of the work.
6. CONSTRUCTION AND MAINTENANCE OF FACILITIES.
6.1 Owest retains the right, in its sole judgment, to determine the availability of space on
Polesllnnerduct. When modifications to a Owest spare conduit include the placement of
innerduct, Owest retains the right to install the number of innerducts required to occupy
the conduit structure to its full capacity. In the event Owest determines that
rearrangement of the existing facilities on Poles/lnnerduct is required before CLEC's
Facilties can be accommodated, the cost of such modification wil be included in the
CLEC's nonrecurring charges for the associated Polesllnnerduct Order.
6.2 CLEC shall be solely responsible for obtaining the necessary underlying legal authority to
occupy Polesllnnerduct on governmental, federal, Native American, and private rights of
way, as applicable, and Owest does not warrant or represent that providing CLEC with
access to the Polesllnnerduct in any way constitutes such legal right. The CLEC shall
obtain any necessary permits, licenses, bonds, or other legal authority and permission, at
the CLEC's sole expense, in order to perform its obligations under this Agreement. The
CLEC shall contact all owners of public and private rights-of-way, as necessary, to obtain
written permission required to perform the work prior to entering the propert or starting
any work thereon and shall provide Owest with written documentation of such legal
authority prior to placement of its facilties on or in the Polesllnnerduct. The CLEC shall
comply with all conditions of rights-of-way and Orders.
6.3 CLEC's Facilties shall be placed and maintained in accordance with the requirements and
specifications of the current applicable standards of Bellcore Manual of Construction
Standards, the National Electrical Code, the National Electrical Safety Code, and the rules
and regulations of the Occupational Safety and Health Act, all of which are incorporated
herein by reference, and any governing authority having jurisdiction of the subject matter
of this Agreement. Where a difference in specifications exists, the more stringent shall
apply. Failure to maintain Facilities in accordance with the above requirements shall be
Cause as referenced in Section 3 to this Agreement for termination of the Order in
question. Termination of more than two (2) Orders in any twelve-month period pursuant
to the foregoing sentence shall be Cause as referenced in Section 3 for termination of this
Agreement. Owests procedures governing its standard maintenance practices shall be
made available upon request for public inspection at the appropriate Owest premises.
CLEC's procedures governing its standards maintenance practices for Facilties shall be
made available to Owest upon written request. CLEC shall within thirt (30) days comply
and provide the requested information to Owest to bring their facilities into compliance
with these terms and conditions.
Qwest Idaho October 4, 200 Page 15
Exhibit D
6.4. In the event of any service outage affecting both Qwest and CLEC, repairs shall be
effectuated on a priority basis as established by local, state or federal requirements, or
where such requirement do not exists, repairs shall be made in the following order:
electrical, telephone (locl), telephone (long distance), and cable television, or as mutually
agreed to by the users of the effected Poles/lnnerduct.
6.5 In the event of an infrastructure outage, the CLEC should contact their Network
Maintenance Center at 1-800-223-7881 or the CLEC may contact their Account Manager
at the Interconnect Service Center.
7. MODIFICATION TO EXISTING POLESIINNERDUCT.
7.1. If CLEC requests Qwest to replace òr modify existing Poles/lnnerduct to increase its
strength or capacity for the benefit of the CLEC and Qwest determines in its sole
discretion to provide the requested capacity, the CLEC shall pay Qwest the total
replacement cost, Qwests cost to transfer its attachments, as necessary, and the cost for
removal (including destruction fees) of any replaced Poles/lnnerduct, if such is necessary.
Ownership of new Polesllnnerduct shall vest in Qwest. To the extent that a modification is
incurred for the benefit of multiple parties, CLEC shall pay a proportionate share of the
total cost as outlined above, based on the ratio of the amount of new space occupied by
the Facilties to the total amount of space occupied by all parties joining the modification.
Modifications that occur in order to bring Poles/lnnerduct into compliance with applicable
safety or other requirements shall be deemed to be for the benefit of the multiple parties
and CLEC shall be responsible for its pro rata share of the modification cost. Except as
set forth herein, CLEC shall have no obligation to pay any of the cost of replacement or
modification ofPoleslInnerduct requested solely by third parties.
7.2 Written notification of modification initiated by or on behalf of Owest shall be provided to
CLEC at least sixt (60) days prior to beginning modifications if such modifications are not
the result of an emergency situation. Such notification shall include a brief description of
the nature and scope of the modification. If CLEC does not rearrange its faciltates within
sixty (60) days after receipt of written notice from Qwest requesting such rearrangement,
Qwest may perform or cause to have performed such rearrangement and CLEC shall pay
for cost thereof. No such notice shall be required in emergency situations or for routine
maintenance of Polesllnnerduct.
8. INSPECTION OF FACILITIES. Qwest reserves the right to make final construction, subsequent
and periodic inspections of CLEC's facilties occupying the Polesllnnerduct system. CLEC shall
reimburse Qwest for the cost of such inspections except as specified in Section 8 hereof.
8.1. CLEC shall provide written notice to Qwest, at least fifteen (15) days in advance, of the
locations where CLEC's plant is to be constructed.
8.2. The CLEC shall forward Exhibit A, entitled "Pullng In Report" attached hereto and
incorporated herein by this reference, to Qwest within five (5) business days of the date(s)
of the occupancy.
8.3. Qwest shall provide written notification to CLEC within seven (7) days of the date of
completion of a final construction inspection.
Qwest Idaho October 4, 2004 Page 16
.
.
.
.
.
.
Exhibit D
8.4. Where final construction inspection by Qwest has been completed, CLEC shall be
obligated to correct non-complying conditions within thirt (30) days of receiving written
notice from Qwest. In the event the corrections are not completed within the thirty (30)-
day period, occupancy authorization for the Poles/lnnerduct system where non-complying
conditions remain uncorrected shall terminate immediately, regardless of whether CLEC
has energized the facilties occupying said Poles/lnnerduct system, unless Qwest has
provided CLEC a written extension to comply. CLEC shall remove its facilities from said
Poles/lnnerduct in accordance with the provisions set forth in Section 10 of this
Agreement. No further occupancy authorization shall be issued to CLEC until such non-
complying conditions are corrected or until CLEC's facilties are removed from the
Pole/Conduit system where such non-complying conditions exist. If agreed to in writing,
by both parties, Qwest shall perform such corrections and CLEC shall pay Qwest the cost
of performing such work. Subsequent inspections to determine if appropriate corrective
action has been taken my be made by Qwest.
8.5. Once the CLECs facilties occupy Qwest Poles/lnnerduct system and Exhibit A has been
received by Qwest, Qwest may perform periodic inspections. The cost of such
inspections shall be borne by Qwest, unless the inspection reveals any violations,
hazards, or conditions indicating that CLEC has failed to comply with the provisions set
forth in this Agreement, in which case the CLEC shall reimburse Qwest for full costs of
inspection, and re-inspection to determine compliance as required. A CLEC
representative may accompany Qwest on field inspections scheduled specifically for the
purpose of inspecting CLEC's Facilties; however, CLEC's costs associated with its
participation in such inspections shall be borne by CLEC. Qwest shall have no obligation
to notify CLEC, and CLEC shall have no right to attend, any routine field inspections.
8.6. The costs of inspections made during construction and/or the final construction survey
and subsequent inspection shall be biled to the CLEC within thirt (30) days upon
completion of the inspection.
8.7. Final construction, subsequent and periodic inspections or the failure to make such
inspections, shall not impose any liabilty of any kind upon Qwest, and shall not relieve
CLEC of any responsibilties, obligations, or liabilty arising under this Agreement.
9. UNAUTHORIZED FACILITIES
9.1 If any facilities are found attached to Poles/lnnerduct for which no Order is in effect,
Qwest, without prejudice to any other rights or remedies under this Agreement, shall
assess an unauthorized attachment administrative fee of Two Hundred Dollars ($200.00)
per attachment per Pole or innerduct run between manholes, and require the CLEC to
submit in writing, within ten (10) day after receipt of written notification from Qwest of the
unauthorized occupancy, a Poles/lnnerduct application. Qwest shall waive the
unauthorized attachment fee if the following conditions are both met: (1) CLEC cures
such unauthorized attachment (by removing it or submittng a valid Order for attachment
in the form of Attachment 2 of Exhibit D, within thirt (30) days of written notification from
Qwest of the unauthorized attachment; and (2) the unauthorized attachment did not
require Qwest to take curative measures itself (e.g., pullng additional innerduct) prior to
the cure by CLEC. Qwest shall also waive the unauthorized attachment fee if the
unauthorized attachment arose due to error by Qwest rather than by CLEC. If such
application is not received by Qwest within the specified time period, the CLEC wil be
required to remove its unauthorized facilty within ten (10) days of the final date for
Qwest Idaho October 4, 2004 Page 17
Exhibit D
submitting the required application, Owest may remove the CLEC's facilities without
liability, and the cost of such removal shaU be borne by the CLEC.
9.2 For the purpose of determining the applicable charge, the unauthorized Poles/lnnerduct
occupancy shall be treated as having existed for a period of five (5) years prior to its
discovery, and the charges, as specified in Section 4, shall be due and payable forthwith
whether or not CLEC is ordered to continue the occupancy of the Poles/lnnerduct system.
9.3. No act or failure to act by Qwest with regard to an unauthorized occupancy shall be
deemed to constitute the authorization of the occupancy; any authorization that may be
granted subsequently shall not operate retroactively or constitute a waiver by Qwest of
any of its rights of privileges under this Agreement or otherwse.
10.REMOVAL OF FACILITIES. Should Qwest, under the provisions of this Agreement, remove
CLEC's Facilities from the Poles/lnnerduct covered by any Order (or otherwise), Qwest wil
deliver the Facilties removed upon payment by CLEC of the cost of removal, storage and
delivery, and all other amounts due Qwest. If payment is not received by Qwest within thirty (30)
days, CLEC wil be deemed to have abandoned such facilties, and Qwest may dispose of said
facilties as it determines to be appropriate. If Qwest must dispose of said facilities, such action
wil not relieve CLEC of any other financial responsibilty associated with such removal as
provided herein. If CLEC removes its Facilties from Polesllnnerduct for reasons other than repair
or maintenance purposes, the CLEC shall have no right to replace such facilties on the
Poles/lnnerduct until such time as all outstanding charges due to Qwest for previous occupancy
have been paid in full. CLEC shall submit Exhibit B, entitled "Notification. of Surrender of
Modifcation of Conduit Occupancy License by CLEC," or Exhibit C, entitled "Notification of
Surrender of Modification of Pole Attchment by CLEC," each as attached hereto, advising Qwest
as to the date on which the removal of Facilties from each Poles/lnnerduct has been completed.
11. INDEMNIFICATION AND LIMITATION OF LIABILITIES. CLEC shall indemnify and hold
harmless Qwest, its owners, parents, subsidiaries, affliates, agents, directors, and employees
against any and all liabilities, claims, judgments, losses, orders, awards, damages, costs, fines,
penalties, costs of defense, and attorneys' fees ("Liabilities") to the extent they arise from or in
connection with: (1) infringement, or alleged infringement, of any patent rights or claims caused,
or alleged to have been caused, by the use of any apparatus, appliances, equipment, or parts
thereof, furnished, installed or utilized by the CLEC; (2) actual or alleged fault or negligence of the
CLEC, its offcers, employees, agents, subcontractors and/or representatives; (3) furnishing,
performance, or use of any material supplied by CLEC under this Contract or any product liability
claims relating to any material supplied by CLEC under this Contract; (4) failure of CLEC, its
offcers, employees, agents, subcontractors and/or representatives to comply with any term of
this Contract or any applicable local, state, or federal law or regulation, including but not limited to
the OSH Act and environmental protection laws; (5) assertions under workers' compensation or
similar employee benefit acts by CLEC or its employees, agents, subcontractors, or
subcontractors' employees or agents; (6) the acts or omissions (other than the gross negligence
or wilful misconduct) of Qwest, its offcers, employees, agents, and representatives, except as
otherwise provided in paragraphs 11.3 and 11.4 below; and/or, (7) any economic damages that
may rise, including damages for delay or other related economic damages that the Qwest or third
parties may suffer or allegedly suffer as a result of the performance or failure to perform work by
the CLEC. If both Qwest and the CLEC are sued as a result of or in connection with the
performance of work arising out of this Contract, the parties hereby agree that the defense of the
case (including the costs of the defense and attorneys' fees) shall be the responsibilty of the
CLEC, if Qwest desires. Qwest shall give the CLEC reasonable written notice of all such claims
Qwest Idaho October 4, 200 Page 18
.
.
.
.
.
.
Exhibit D
and any suits alleging such claims and shall furnish upon the CLEC's request and at the CLEC's
expense all information and assistance available to the Qwest for such defense. The parties shall
employ Article 13, Dispute Resolution, to resolve any dispute concerning the proportional fault
and liability after the underlying case is terminated.
11.1 IF WORK iS PERFORMED IN THE STATE OF WASHINGTON UNDER THIS
GENERAL CONTRACT, THE CLEC ACKNOWLEDGES AND AGREES THAT THIS
INDEMNIFICATION OBLIGATION SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL
CLAIMS AGAINST QWEST BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE
CLEC, AND THE CLEC EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON
LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, OTHER WORKERS'
COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE
BENEFIT ACT OF ANY JURISDICTION WHICH WOULD OTHERWISE BE
APPLICABLE IN THE CASE OF SUCH A CLAIM.
11.2 Except as expressly provided herein, NEITHER PARTY SHALL BE LIABLE TO THE
OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF USE,
LOSS OF (BUSINESS OR LOSS OF PROFIT; provided, however, there shall be no
limitation on a party's liabilty to the other for any fines or penalties imposed on the
other party by any court of competent jurisdiction or federal, state or local
administrative agency resulting from the failure of the party to comply with any term or
condition of this Contract or any valid and applicable law, rule or regulation.
11.3 FOR ANY WORK PERFORMED IN ARIZONA, IDAHO, SOUTH DAKOTA, UTAH OR
WASHINGTON, SECTION 11(6) SHALL NOT EXTEND TO THE SOLE
NEGLIGENCE OF QWEST BUT SHALL EXTEND TO THE NEGLIGENCE OF
QWEST WHEN CONCURRENT WITH THAT OF THE CLEC.
11.4 FOR ANY WORK PERFORMED IN THE STATES OF MINNESOTA, NEBRASKA,
NEW MEXICO, OR OREGON, ARTICLE 11 SHALL NOT APPLY, EXCEPT THAT
SECTION 11 SHALL APPLY FOR WORK PERFORMED IN MINNESOTA FOR
MAINTENANCE OR REPAIR OF MACHINERY, EQUIPMENT, OR OTHER SUCH
DEVICES, USED AS PART OF A MANUFACTURING, COVERING, OR OTHER
PRODUCTION PROCESS INDULGING ELECTRIC, GAS, STEAM, AND
TELEPHONE UTILITY EQUIPMENT USED FOR PRODUCTION, TRANSMISSION,
OR DISTRIBUTION PURPOSES.
12. FORCE MAJEURE
12.1 The CLEC shall be excused from its performance as to any Order if prevented by acts or
events beyond the CLEC's reasonable control including extreme weather conditions,
strikes, fires, embargoes, actions of civil or miltary law enforcement authorities, acts of
God, or acts of legislative, judicial, executive, or administrative authorities.
12.2 If such contingency occurs, Qwest may elect:
12.2.1 To terminate this Agreement as to the Order in question; or
Qwest Idaho Ocober 4, 200 Page 19
Exhibit 0
12.2.2 To terminate already-assigned specific work assignment(s) the CLEC is unable to
perform, or any part thereof, and to assign new specifc work assignments to other
parties for the duration of the cause of the delay; or
.
12.2.3 To suspend already-assigned specifc work assignment(s) the CLEC is unable to
perform, or any part thereof, for the duration of the cause of the delay; and to
assign new specific work assignments to other parties for the duration of the cause
of the delay.
12.3 Qwest shall be deemed to have elected Section 12.2.3 above unless written notice of
termination is given by Qwest after the contingency occurs. With respect to Qwests
election of Section 12.2.3 above:
12.3.1 Qwest shall give the CLEC written notice of the work to be performed by
such other part prior to its performance and shall deduct from the CLEC's
price the cost of the work or services actually performed by such other
parties.
12.3.2 The CLEC shall resume performance, and complete any work not
performed or to be performed by another part, once the delaying cause
ceases.
12.3.3 If appropriate, at the Qwests discretion, the time for completion of specific
work assignment(s) shall be extended up to the length of time the
contingency endured.
12.4 Qwest shall be excused from its performance if prevented by acts or events beyond the .
Qwests reasonable control including extreme weather conditions, strikes, fires,
embargoes, actions of civil or miltary law enforcement authorities, acts of God, or acts of
legislative, judicial, executive, or administrative authorities.
13. DISPUTE RESOLUTION.
13.1. Other than those claims over which a regulatory agency has exclusive jurisdiction, all
claims, regardless of legal theory, whenever brought and whether between the parties or
between one of the parties to this Agreement and the employees, agents or affliated
businesses of the other part, shall be resolved by arbitration. A single arbitrator engaged
in the practice of law and knowledgeable about telecommunications law shall conduct the
arbitration in accordance with the then current rules of the American Arbitration
Association ("AA") unless otherwise provided herein. The arbitrator shall be selected in
açcordance with AA procedures from a list of qualified people maintained by AA. The
arbitration shall be conducted in the regional AA offce closest to where the claim arose.
13.2. All expedited procedures prescrbed by the AA shall apply. The arbitratots decision
shall be final and binding and judgment may be entered in any court having jurisdiction
thereof.
13.3. Other than the determination of those claims over which a regulatory agency has
exclusive jurisdiction, federal law (including the provisions of the Federal Arbitration Act, 9
U.S.C. Sections 1-16) shall govern and control with respect to any issue relating to the
validity of this Agreement to arbitrate and the arbitrability of the claims.
Qwest Idaho October 4, 2004 Page 20 .
.
.
.
Exhibit D
13.4. If any part files a judicial or administrative action asserting claims subject to arbitration,
and another part successfully stays such action and/or compels arbitration of such
claims, the party fiing the action shall pay the other party's costs and expenses incurred
in seeking such stay or compellng arbitration, including reasonable attomey's fees.
14. LAWFULNESS. This Agreement and the parties' actions under this Agreement shall comply with
all applicable federal, state, and local laws, rules, regulations, court orders, and governmental
agency orders. Any change in rates, charges or regulations mandated by the legally constituted
authorities wil act as a modification of any contract to that extent without further notice. This
Agreement shall be governed by the laws of the state where Poles/lnnerduct is provided. Nothing
contained herein shall substitute for or be deemed a waiver of the parties' respective rights and
obligations under applicable federal, state and local laws, regulations and guidelines, including
(without limitation) Section 224 of the Communications Act of 1934, as amended (47 U.S.C. 224).
The CLEC represents that it is a certified Competitive Local Exchange Carrier or otherwise has
the legal right, pursuant to 47 U.S.C. 224 to attach to Qwest's pole pursuant to the terms thereof.
The CLEC acknowledges that Qwest wil rely on the foregoing representation, and that if such
representation is not accurate, this Agreement shall be deemed void ab initio, except for Article 9
hereof, for which CLEC shall remain fully liable.
SEVERABILITY. In the event that a court, governmental agency, or regulatory agency with
proper jurisdiction determines that this Agreement or a provision of this Agreement is unlawful,
this Agreement, or that provision of the Agreement to the extent it is unlawful, shall terminate. If a
provision of this Agreement is terminated but the parties can legally, commercially and practicably
continue without the terminated provision, the remainder of this Agreement shall continue in
effect.
15.
16.GENERAL PROVISIONS.
16.1 Failure or delay by either party to exercise any right, power, or pnvilege hereunder, shall
not operate as a waiver hereto.
16.2 This Agreement shall not be assignable by CLEC without the express wntten consent of
Qwest, which shall not be unreasonably withheld. Assignment of this Agreement by
CLEC to CLEC's subsidiary or affliate shall be presumed to be reasonable; provided,
however, that CLEC must obtain Qwests consent in any event.
16.3 This Agreement benefits CLEC and Qwest. There are no third part beneficiaries.
16.4 This Agreement constitutes the entire understanding between CLEC and Qwest with
respect to Service provided herein and supersedes any prior agreements or
understandings.
Qwest Idaho October 4, 2004 Page 21
Exhibit 0,
The parties hereby execute and authorize this Agreement as of the latest date shown below:
CLEC Qwest Corporation
Signature Signature
Name Typed or Printed Name Typed or Printed
PRODUCT MANAGER
TitleTitle
Date Date
Address for Notices Address for Notices
Qwest Corpration
1801 California, Rm. 2330
Denver, CO 80202
Contact:Contact: Manager
Phone:Phone:303-896-0789
FAX:FAX:303-896-9022
Qwest Idaho OCtober 4, 2004 Page 22
.
.
.
.
.
.
Exhibit 0
EXHIBIT A
PULLING IN REPORT
This report is to be completed by the CLEC when fiber cable is placed into innerduct.
Send to:
Manager. Qwest Corp
700 W Mineral. Rm IAF12
Littleton. CO 80120 (303-707-7598)
20_
This is to advise you that pursuant to General Agreement No. granted to us
under the terms of the Innerduct Agreement dated , 20_ we have completed installation
of the following cable into the following ducts.
Municipality
Location
From
Manhole at
To
Manhole at
Cable and
Equipment Installed
NameofCLEC
By:
Title:
Receipt of the above report is hereby acknowledged ,20_.
Qwest Corporation
By:
Title:
1. Reports shall be submitted in duplicate.
2. A complete description of all facilties shall be given, including a print showing the locations,
quantities, sizes and types of all cables and equipment.
3. Sketch to be furnished showing duct used. Must be same duct assigned to Licensee by Licensor
as shown on Exhibit _, unless a change has been previously authorized in writing by Licensor.
Qwest Idaho October 4, 2004 Page 23
Exhibit D
EXHIBIT B
CLEC:
NOTIFICATION OF SURRENDER OR MODIFICATION
OF CONDUIT OCCUPANCY ORDER BY CLEC
Return to:
Manager. Qwest Corp
700 W Mineral, Rm IAF12
Littleton, CO 80120
In accordance with the terms and conditions of this Agreement between us, dated , 6L,
notice is hereby given that the licenses covering occupancy of the following conduit are surrendered
(and/or modified as indicated in Licensee's prior notification to Licensor, dated
20_) effective
CONDUIT LOCATION L1C. NO. &SURRENDER OR DATE
DATE MODIFICATION FAC. RMVD. OR
MODIFIED
Name of Licensor Name of Co- Provider
By
Date Notifcation Received
Title
Date Modification Accepted
By
Discontinued:Total duct footage
Qwest Idaho October 4, 2004 Page 24
.
.
.
.
.
.
Exhibit D
EXHIBITC
CLEC:
NOTIFICATION OF SURRENDER OR MODIFICATION
OF POLE A IT ACHMENT ORDER BY CLEC
Return to:
Manager. Owest Corp
700 W Mineral, Rm IAF12
Littleton, CO 80120
In accordance with the terms and conditions of the Agreement between Owest and CLEC, dated
,20_, notice is hereby given that the licenses covenng attachments to the following poles and/or
anchors, and/or utilzation of anchor/guy strand is surrendered (or modified as indicated in CLEC's pnor
notification to Owest, dated , 20 -J effective
POLE NO.ASSOC. POLE L1C. NO. &SURRENDER OR DATE FAC.NO.DATE MODIFICATION RMVDOR
MODIFIED1.A
NGS-
2.A
NGS-
3.A
NGS-
4.A
NGS-
5.A
NGS-
6.A
NGS-
7.A
NGS-
8.A
NGS-
9.A
NGS-
Date Notification Received
Date Modification Received
By:NameofCLEC
Discontinued:
Poles
Anchors
By:
Anchor/Guy Strands Its:
Qwest Idaho October 4, 2004 Page 25
Exhibit D
ATTACHMENT 4
FORM OF ACCESS AGREEMENT
After recording, please return to:
Manager
700 W Mineral, Rm IAF12
Littleton, CO 80120
ACCESS AGREEMENT
THIS ACCESS AGREEMENT (this "Agreement") is made as of the _ day of _' 20_, by
and between QWEST CORPORATION, a Colorado corpration, succssor in interest to U S WEST
COMMUNICATIONS, INC., a Colorado corpration ("Grantot'), whose address is, and a
, whose address is
("Grantee").
RECITALS
A.This Agreement relates to certain real propert (the "Propert") located in the County of
(the "County"), State of (the "State").
B. A copy of an agreement purporting to grant to Grantor certain rights to use the Property,
as described therein (the "Easement Rights"), is attached as Exhibit A (the "Right of Way Agreement").
C. Pursuant to 42 U.S.C. §§ 224 and 251(b)(5), Grantor, as a Local Exchange Carrier, is
required to provide access to rights-of-way to a requesting telecommunications carrier, as defined in 42
U.S.C. § 224. Grantee is a telecommunications carrer that has requested access to Grantots Easement
Rights. To comply with the aforementioned legal requirement, Grantor has agreed to share with Grantee
its Easement Rights, if any, relating to the Propert, to the extent Grantor may legally convey such an
interest.
D. Subject to the terms and conditions set forth in this Agreement, Grantor has agreed to
convey to Grantee, without any representation or warranty, the right to use the Easement Rights, and
Grantee has agreed to accept such conveyance.
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. Grant of Right of Access. Grantor hereby conveys to Grantee and its Authorized Users (as
defined below) a non-exclusive, perpetual right to access and use the Easement Rights, which right shall
be expressly (a) subject to, subordinate to, and limited by the Right of Way Agreement, and (b) subject to
the terms and conditions hereof. As used in this Agreement, "Authorized Users" of Owner, Grantor and
Grantee shall mean Owner, Grantor or Grantee, as applicable, their respective Affliates and agents,
licensees, employees, and invitees, including, without limitation, contractors, subcontractors, consultants,
Qwest Idaho October 4, 2004 Page 26
.
.
.
.
.
.
Exhibit D
suppliers, public emergency vehicles, shipping or delivery vehicles, or construction vehicles. "Affliates"
means, with respect to any Person, any Person that controls, is controlled by or is under common control
with such Person, together with its and their respective members, partners, venturers, directors, offcers,
stockholders, agents, employees and spouses. A Person shall be presumed to have control when it
possesses the power, directly or indirectly, to direct, or cause the direction of, the management or
policies of another Person, whether through ownership of voting securities, by contract, or otherwise.
"Person" means an individual, partnership, limited liability company, association, corporation or other
entity.
2. Grantor's Reserved Rights. Grantor reserves to itself and its Authorized Users the right to usethe Easement Rights for any purpose not incompatible with the rights conveyed to Grantee
by thisAgreement.
3. Conditions Precedent to Effectiveness of Agreement. This Agreement is expressly
conditioned on the following:
a. Recordation of Agreement. If the Right-of-Way Agreement has been publicly
recorded, Grantee shall be responsible for assuring that the Agreement is in appropriate form for
recording in the real property records of the County, shall pay for the recording thereof, and shall
provide a copy of the recorded Agreement to Grantor at the address set forth above. A legible
copy of the Right of Way Agreement must be attached to the Agreement when recorded or the
Agreement shall not be effective.
b. Payment of Costs and Expenses. Grantee shall pay to or reimburse Grantor for all
costs and expenses, including reasonable attorneys' fees, relating to Grantor's execution and
delivery of this Agreement.
4. Grantee's Representations and Warranties. Grantee represents and warrants to Grantor that:
a. Authority. Grantee is a , duly formed and validly existing under the laws
of the State of . All necessary action has been taken by Grantee to execute and
deliver this Agreement and to perform the obligations set forth hereunder. Grantee is a
"telecommunications carrier" as that term is defined in 42 U.S.C. § 224.
b. Due Dilgence. Grantee acknowledges and agrees that neither Grantor nor any agent,
employee, attorney, or representative of Grantor has made any statements, agreements,
promises, assurances, representations, or warranties, whether in this Agreement or otherwise
and whether express or implied, regarding the Right of Way Agreement or the Easement Rights
or the assignability or further granting thereof, or title to or the environmental or other condition of
the Propert. Grantee further acknowledges and agrees that Grantee has examined and
investigated to its full satisfaction the physical nature and condition of the Property and the
Easement Rights and that it is acquiring the Easement Rights in an "AS iS, WHERE iS'' condition.
Grantee expressly waives all claims for damages by reason of any statement, representation,
warranty, assurance, promise or agreement made, if any.
Qwest Idaho October 4, 2004 Page 27
Exhibit D
5. Grantee's Covenants.
.
a. Compliance with Right of Way Agreement. Grantee agrees that the rights granted by
Grantor hereunder are expressly subject to, subordinate to,. and limited by the Right of Way
Agreement, and Grantee further agrees to comply in all respects with the terms and conditions of
the Right of Way Agreement as they apply to the holder or user of the Easement Rights. In the
event Grantee fails to observe or perform any of its obligations under the Right of Way
Agreement, Grantor shall have the right, but not the obligation, to perform or observe such
obligation to the extent that such obligation can be observed or performed by Grantor.
b. Compliance with Laws. Grantee agrees to use the Propert and the Easement Rights
in compliance with all applicable laws.
c. No Further Grant. Grantee shall not grant to any Person other than Grantee's
Authorized Users the right to use the Easement Rights without the prior written consent of
Grantor, which consent may be granted or withheld in Grantots sole discretion.
d. Non-Interference. Grantee agrees that it wiìi not interfere with Grantor's or Grantor's
Authorized Users' use of the Easement Rights and wil not take any action or fail to take any
action that would negatively affect the Easement Rights or cause or contribute to the termination
of the Right of Way Agreement.
6. Indemnification. Grantee hereby agrees to indemnif, defend and hold Owner, Grantor and
their respective Affliates harmless from and against any and all claims, judgments, damages, liabilities,
penalties, fines, suits, causes of action, costs of settement, and expenses (including, without limitation,
reasonable attorneys' fees) which may be imposed upon or incurred by Grantor or its Authorized Users, .
or any of them, arising from, relating to or caused by Grantee's breach of this Agreement or the use, or
the use by any of Grantee's Authorized Users, of the Easement Rights. In addition to the indemnity
obligations described above, in the event that any act or omission of Grantee or Grantee's Authorized
Users causes, directly or indirectly, and without reference to any act or omission of Owner, Grantor or
their respective Authorized users, the termination or revocation of the Easement Rights, Grantee shall be
liable to Grantor for all costs incurred in connection with (a) acquiring replacement Easement Rights over
the Property or over other suitable Property, as determined in Grantots sole judgment (the
"Replacement Easement"), (b) the fully-loaded cost of constructing replacement facilities over the
Replacement Easement, (c) the cost of removing its facilties and personal propert from the Property, if
required by the Right of Way Agreement, and (d) any other costs of complying with the Right of Way
Agreement, including, without limitation, reasonable attorneys' fees. Grantee shall pay all such amounts
within ten (10) days of receipt of any invoice for such costs delivered to Grantee by Owner, Grantor or
their respective Authorized Users.
7. Condemnation. If any action is taken whereby the Right of Way Agreement or any part of the
Easement Rights are terminated, relocated or otherwise affected, by any taking or partial taking by a
governmental authority or otherwise, then such any compensation due or to be paid to the holder of the
Easement Rights due to such occurrence shall belong solely to Grantor.
8. Severable Provisions. If any term of this Agreement shall, to any extent, be inval.id or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each term of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
9. Default; Remedies. (a) If Grantee files a petition in bankruptcy, or a petition is bankruptcy is
filed against Grantee, which is not dismissed on or before fifteen (15) days after such filing, or (b) in the
Qwest Idaho October 4, 2004 Page 28 .
.
.
.
Exhibit D
event of Grantee's breach or threatened breach of any term, covenant or condition of this Agreement,
then Grantor shall have, in addition to all other legal and equitable remedies, the right to (x) terminate
this Agreement, (y) enforce the provisions hereof by the equitable remedy of specific performance, or (z)
enjoin such breach or threatened breach by injunctive action, all without the necessity of proof of actual
damages or inadequacy of any legal remedy. Grantee agrees to pay all costs of enforcement of the
obligations of Grantee hereunder, including reasonable attorneys' fees and all costs of suit, in case itbecomes necessary for Grantor to enforce the obligations of Grantee hereunder, whether suit be brought
or not, and whether through courts of original jurisdiction, as well as in courts of appellate jurisdiction, or
through a bankruptcy court or other legal proceedings.
10. Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties
hereto and their respective successors and assigns. This Agreement may be assigned at any time in
whole or in part by Grantor.
11. No Dedication. Nothing contained in this Agreement shall constitute a gift or dedication of any
portion of the Easement Rights to the general public or for any public purpose whatsoever. There are no
intended third-party beneficiaries to this Agreement.
12. Grantor's Waiver of Confidentiality. If the Right of Way Agreement is not publicly recorded,
Grantor hereby grants a limited waiver of any right to keep the terms and conditions of the Right of Way
Agreement confidential, except for any dollar amounts in the Right of Way Agreement, which rights
Grantor expressly reserves, and subject to Grantee's and Owner's compliance with the terms and
conditions in this paragraph. In all instances, Grantee wil use the Right of Way Agreement only for the
following purposes: (a) to determine whether Grantor has ownership or control over duct, conduits, or
rights-of-way within the propert described in the Right of Way Agreement; (b) to determine the
ownership of wire within the propert described in the Right of Way agreement; or (c) to determine the
demarcation .point between Grantor facilities and the Owner's facilities in the propert described in the
agreement. Grantee further agrees that Grantee shall not disclose the contents, terms, or conditions of
any agreement provided pursuant to Section 10.8 to any Grantee agents or
employees engaged insales, marketing, or product management efforts on behalf of Grantee. Grantor's waiver of rights,
subject to the limitations set forth above, is intended to be effective whether or not such right to
confidentiality is expressly set forth in the Right of Way Agreement or elsewhere or may have been
agreed to orally, and so long as Grantee and Owner comply with the conditions set forth above, Grantor
further covenants not to assert any claim or commence any action, lawsuit, or other legal proceeding
against Owner or Grantee, based upon or arising out of Grantor's alleged right to confidentiality relating
to the Right of Way Agreement, except in the event of disclosure of dollar amounts in the Right of Way
Agreement. Grantor's waiver is expressly conditioned on Owner's waiver of Owner's confidentiality
rights, as set forth in the Consent to Disclosure form, which is a part hereof, or Grantee's provision to
Grantor of a legally binding and satisfactory agreement to indemnify Grantee in the event of any legalaction arising out of Owner's provision of a non-recorded agreement to Grantee. In the event that, the
person executing the Consent to Disclosure form does not have the legal right to bind the Owner,
Grantor reserves the right to maintain an action for damages, including, without limitation, consequential
damages, arising from such improper execution against any Person improperly executing the Consent to
Disclosure form. In any event, Grantor reserves its right to (a) to enforce the confidentiality provisions of
the Right of Way Agreement as to any dollar amounts set forth in such Right of Way Agreements, and/or
(b) to maintain an action for damages, including, without limitation, consequential damages, arising from
the disclosure of the dollar amounts in any Right of Way Agreement, against any party, including, without
limitation, against Grantee or against any Person improperly executing the Consent to Disclosure form.
13. Notices. All notices to be given pursuant to this Agreement shall be deemed delivered (a)
when personally delivered, or (b) three (3) business days after being mailed postage prepaid, by United
Qwest Idaho October 4, 200 Page 29
Exhibit D
states certified mail, return receipt requested, or (c) one business day after being timely delivered to an
overnight express courier service such as Federal Express which provides for the equivalent of a return
receipt to the sender, to the above described addresses of the parties hereto, or to such other address
as a party may request in a writing complying with the provisions of this Section.
14. Modification; Counterparts. This Agreement may not be amended, modified or changed, nor
shall any waiver of any provision hereof be effective, except by an instrument in writing and signed by the
part against whom enforcement of any amendment, modification, change or waiver is sought. This
Agreement may be executed in any number of counterparts, all of which shåll constitute but one and the
same document.
15. Controllng Law. This Agreement shall be governed by and construed in accordance with the
laws of the State.
16. Waiver of JUry TriaL. THE PARTIES HEREBY IRREVOCABLY WAIVE, TO THE FULLEST
EXTENT OF APPLICABLE LAW, ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING
OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.
'Signature pages followl
Qwest Idaho Page 30October 4, 2004
.
.
.
.
.
.
Exhibit D
EXECUTED as of the date first written above.
Witnessed by:
STATE OF
COUNTY OF
GRANTOR:
QWEST CORPORATION, a Colorado corporation,
successor in interest to
U S WEST COMMUNICATIONS, INC.,
a Colorado corporation
By:
Name:
TItle:
)
) ss:
)
The foregoing instrument was acknowledged before me this _ day of20__, by as
corporation.of QWEST CORPORATION, a Colorado
(SEAL)
Qwest Idaho
Witness my hand and offcial seal.
Notary Public
My Commission Expires:
October 4, 2004 Page 31
Exhibit D
EXECUTED as of the date first written above.
Witnessed by:
STATE OF
COUNTY OF
GRANTEE:
,a
By:
Name:
Title:
)
) ss:
)
The foregoing instrument was acknowledged before me this _ day of20__, by as
of
a
(SEAL)
Qwest Idaho
Witness my hand and offcial seal.
Notary Public
My Commission Expires:
October 4, 2004 Page 32
.
.
.
.
.
.
Exhibit D
CONSENT TO DISCLOSURE
THE UNDERSIGNED, , a ("Owner"),whose address is , hereby
consents to the terms of the following paragraphs regarding the agreement described or entitled as
between Owest Corporation, formerly U S WESTCommunications, Inc. ("Owest") and Owner for the property located at
' ("Propert") that provides Owest with access to Owner's Property(the "Agreement").
FOR TEN DOLLARS ($10) and other good and valuable consideration, the receipt and
suffciency of which are hereby acknowledged, Owner agrees as follows:
1. Title to Propert. Owner represents and warrants either (a) that Owner is the owner of fee title to the
Propert described in the Agreement or, if no description of the Propert is given in the Agreement, then
(b) that Owner is the grantor, or the successor to or assignee of the grantor, of the easement rights, if
any, under the Agreement. Owner further represents and warrants that Owner has the legal right to
execute this Consent to Disclosure, including, without limitation, the right to waive the confidentiality of
the Agreement as set forth in paragraph 3 of this Consent to Disclosure.
2. Owner's Acknowledgments. Owner expressly acknowledges that (a) this is a legal document that
may affect Owner's rights and Owner was given the opportunity to have the Agreement and this Consent
to Disclosure reviewed by Owner's attorney; and (b) Owner, by signing this Consent to Disclosure,
waives any rights it may have to keep the terms and provisions of the Agreement confidentiaL.
3. Owner's Waiver of Confidentiality. Owner hereby waives any right it may have to keep the terms and
conditions of the Agreement confidential, whether or not such right to confidentiality is expressly set forth
in the Agreement or elsewhere or may have been agreed to orally, subject to the compliance of the
competitive local exchange carrier ("CLEC") with the requirements of paragraph 5. Owner further
covenants not to assert any claim or commence any action, lawsuit, or other legal proceeding against
Owest or CLEC presenting this Consent to Disclosure, based upon or arising out of Owner's alleged right
to confidentialiy relating to the Agreement. Owner's consent to disclosure applies only to the Agreement
that is described in this Consent to Disclosure form and only to the undersigned CLEC.
4. Owests Waiver of Confidentiality. Owest represents and warrants that it is granting a limited waiver
of its confidentiality rights that permits CLEC to review the Agreement subject to CLEC's compliance with
the requirements of paragraph 5 and Owest's right to redact all dollar amounts set forth in the
Agreement. Owest's consent to disclosure applies only to the Agreement that is described in this
Consent to Disclosure form and only to the undersigned CLEC.
5. CLEC's Obligations. CLEC shall use the Agreement exclusively for the following purpses and for no
other purpose whatsoever:
(a) to determine whether Owest has ownership or control over duct, conduits, or rights-of-way
within the Propert described in the Agreement; or
(b) to determine the ownership of wire within the Propert described in the Agreement; or
Qwest Idaho October 4, 200 Page 33
Exhibit D
(c) to determine the demarcation point between Qwest facilities and the Owner's facilities in
the Propert described in the Agreement.
CLEC further agrees that CLEC shall not disclose the contents, terms, or conditions of the Agreement to
any CLEC agents or employees engaged in sales, marketing, or product management efforts on behalf
ofCLEC.
6. Acknowledgement of Limitation on Waivers. Owner understands that Qwest does not agree to
waive the confidentiality of the dollar amounts set forth in any Agreement, and acknowledges
that Owner has no right to provide copies of such Agreements to any part unless Owner has
completely deleted the dollar amounts. Owner shall not provide a copy of the Agreement unless
Owner has completely deleted all dollar amounts. Whether provided by Owner or Qwest, CLEC
shall comply with the conditions set forth in paragraph 5.
7. Notices. All notices to be given pursuant to this Agreement shall be deemed delivered (a) when
personally delivered, or (b) three (3) business days after being mailed postage prepaid, by United States
certified mail, return receipt requested, or (c) one business day after being timely delivered to an
overnight express courier service such as Federal Express which provides for the equivalent of a return
receipt to the sender, to the above described addresses of the parties hereto, or to such other address
as a party may request in a writing complying with the provisions of this Section.
EXECUTED as of the date first written above.
OWNER:
CLEC:
Qwest Idaho October 4, 2004 Page 34
.
.
.
.
.
.Qwest Idaho
Exhibit 0
EXHIBIT 1
Right of Way Agreement
(This represents the ROW agreement between the Co-Provider and the propert owner)
October 4, 2004 Page 35
.
.
.Qwest All States
EXHIBIT E
INTENTIONALLY LEFT BLANK
October 4, 200 Page 1
.
.
.
EXHIBIT F
SPECIAL REQUEST PROCESS
1.The Special Request Process shall be used for the following requests:
1.1 Intentionally Left Blank.
1.2 Intentionally Left Blank.
1.3 Requesting a combination of Unbundled Network Elements that is a combination
not currently offered by Owest as a standard product and:
1.3.1 that is made up of UNEs that are defined by the FCC or the Commission
as a network element to which Owest is obligated to provide unbundled access,
and;
1.3.2 that is made up of UNEs that are ordinarily combined in the Owest
network.
1.4 Requesting an Unbundled Network Element that does not require a technical
feasibilty analysis and has been defined by the FCC or the State Commission as a
network element to which Owest is obligated to provide unbundled access, but for which
Owest has not created a standard product.
2. Any request that requires an analysis of Technical Feasibilty shall be treated as a Bona
Fide Request (BFR), and wil follow the BFR Process set forth in this Agreement. If it is
determined that a request should have been submitted through the BFR process, Owest wil
consider the BFR time frame to have started upon receipt of the original Special Request
application form.
3. A Special Request shall be submitted in writing and on the appropriate Owest form,
which is located on Owest's website.
4. Owest shall acknowledge receipt of the Special Request within two (2) business days of
receipt.
5. Owest shall respond with an analysis, including costs and timeframes, within fifteen (15)
business days of receipt of the Special Request. In the case of UNE Combinations, the analysis
shall include whether the requested combination is a combination of network elements that are
ordinarily combined in the Owest network. If the request is for a combination of network
elements that are not ordinarily combined in the Owest network, the analysis shall indicate to
CLEC that it should use the BFR process if CLEC elects to pursue its request.
6. Upon request, Owest shall provide CLEC with Owest's supporting cost data and/or
studies for Unbundled Network Elements that CLEC wishes to order within seven (7) business
days, except where Owest cannot obtain a release from its vendors within seven (7) business
days, in which case Owest wil make the data available as soon as Owest receives the vendor
release. Such cost data shall be treated as Confidential Information, if requested by Owest
under the non-disclosure sections of this Agreement.
Qwest All States August 24, 2006
Page 1
.
.
.Owest All States
EXHIBIT G
INTENTIONALLY LEFT BLANK
October 4, 2004 Page 1
.EXHIBIT H
Calculation of the Relative Use Factor (RUF)
Minutes that are Qwest's responsibilty CAl:
· All EAS/LocaI251(b)(5) Minutes of Use (MOU) that Qwest sends to CLEC
· All Qwest Exchange Access MOU that Qwest sends to CLEC
· EAS/LocaI251(b)(5) traffc that transits Qwest network and is terminated to CLEC,
for which Qwest receives compensation from the originating Carrier for performing
the local transiting function
· All IntraLA T A transit MOU that Qwest sends to CLEC
· All ISP-bound and FX MOU that CLEC sends to Qwest
Minutes that are CLEC's responsibilty CB):
.
· All EAS/LocaI251(b)(5) MOU that CLEC sends to Qwest
· All Exchange Access MOU that CLEC sends to Qwest
· All EAS/LocaI251(b)(5) traffc that CLEC sends to Qwest for termination on anotherCarrier's network
· All Intra LA T A transit MOU that CLEC sends to Qwest
· All Jointly Provided Switched Access (unless joint NECA 4 billng percentages have
been filed) that Qwest sends to CLEC and that CLEC sends to Qwest
· All ISP-bound and VNXX MOU that Qwest sends to CLEC
· All VNXX MOU that transits Qwest network and is tèrminated to CLEC
The mathematical equation for RUF is as follows:
Qwest (A) I (A+B) Rounded to nearest whole percentage
CLEC (B) I (A+B) Rounded to nearest whole percentage
Data used for the calculation wil be the average of the most recent three (3) months'
usage determined not to be an anomaly.
.Exhibit H -Qwest Eleven State Template Version 1.8, August 22, 2008
Qwest All States Except Colorado. Minnesota and Washington 1
.1.
Exhibit I - Individual Case Basis
This Agreement contains references to both ICB rates and ICB intervals. The
purose of this exhibit is to identify how CLEC's ICB requests - whether they be
for rates or intervals - are processed though and by Qwest.
2. ICB Rate Intervals
2.1 For those products and services identified in the Agreement that contain a
provision for ICB rates, Qwest wil provide CLEC with a wrtten quote of
the ICB rate within twenty (20) business days unless a specific interval for
providing the quote is either contained in the Agreement or this Exhbit.
2.2 The purose of ths subsection is to identify those circumstances when the
generic twenty (20) business day interval in the aforementioned subsection
to this Exhibit does not apply. In these specified circumstances, Qwest
shall provide CLEC with an ICB quote within the stated specific intervals:
2.2.1
2.2.2
2.2.3.2.2.4
2.2.5
Quotes for all Bona Fide Requests (BFR) shall be provided in
accord with Section 17.
Quotes for all Special Request Processes (SRP) shall be provided
in accord with Exhbit F.
Quotes for all collocation requests, regardless of the tye of
collocation, shall be provided in accord with the Section 8 interval.
Quotes for all Field Connection Point requests shall be provided in
accord with Section 9.3.
Quotes for all Advanced Intellgent Network (AIN) requests shall
be provided in accord with Section 9.
2.3 Upon request, Qwest shall provide CLEC with Qwest's supporting cost
data and/or cost studies for the Unbundled Network Element or service
that CLEC wishes to order with seven (7) business days, except where
Qwest canot obtain a release from its vendors withn seven (7) business
days, in which case Qwest wil make the data available as soon as Qwest
receives the vendor release. Consistent with the terms and conditions of
any applicable vendor contract or agreement, Qwest shall dilgently pursue
obtaining the release of cost information as soon as reasonably possible.
To the extent consistent with the terms and obligations of any applicable
vendor contract or agreement, Qwest shall request the release of vendor
'cost information when Qwest communicates with the vendor(s) when
Qwest seeks a quote for the costs of the ICB project. Such cost data shall
be treated as confidential inormation if requested. by Qwest under the
non-disclosure sections of this Agreement.
3. ICB Provisioning Intervals.Negtiations Template, Exhibit i Page 19-20-4
Exhibit I - Individual Case Basis .3.1 For those products and services provided puruant to ths Agreement that
contain a provision for ICB interval but do not contain a specific provision
for when the ICB interval shall be provided, the ICB interval shall be
provided within twenty (20) business days of receipt of the order, request
or application.
3.2 For ICB intervals for those products and services that requie negotiated
project time lines for intallation, such as 2/4 wire analog loop for more
than twenty-five (25) loops, the Qwest representative, authorized to
commt to intervals, shall meet with CLEC's representative withn seven
(7) business days of receipt of the request from CLEC to negotiate
intervals.
.
Negotiations Template, Exhibit i 9-20-04 Page 2 .
(.
(.
.
Exhibit J
Election of Reciprocal Compensation Option
Pursuant to the election in this Exhibit J of this Agreement, the Parties agree to exchange
(§251 (b)(5)) Traffic, per section 7.3.4.4 at:
CLEC must select either 1. OR 2.
1. The rates applicable to §251 (b)(5) Traffic between Qwest and CLEC shall be the same as the
rates established in ISP-bound traffic pursuant to Exhibit A, Section 7.7. Such rate for ISP-bound
traffic wil apply to §251 (b)(5) T ic in lieu of End Office Call Termination rates, and Tandem
Switched Trans rates.
Signature
te r §251 (b)(5) Traffic shall be as established by the Commission pursuant
.6, the rates as appropriate.
Signature
When the FCC ordered rate for ISP-bound traffic is applied to (§251 (b)(5)) Traffic, the FCC
Ordered ISP rate is used in lieu of End Office call termination and Tandem Switched Transport
rate elements.
Negotiations Template Exhibit J Page 1
" _~f
c5u.J~ .:-ID -0 (Exhibit K
PERFORMANCE ASSURANCE PLAN r:' ¡::('''IC'l ".""" ';"""r ,to,".,
1.0 Introduction 2018 APR -2 AM 9: 36
1.1 As set forth. in this Agreement, Qwest and CLEC vol~~W~~,1~C~fbld
terms of the following Performance Assurance Plan ("PAP"), initially prepared in '.
conjunction with Qwests application for approval under Section 271 of the
Telecommunications Act of 1996 (the "Act") to offer in-region long distance service
and subsequently modified in accordance with the Commission's orders and, where
applicable, by operation of law.
2.0 Plan Structure
2.1 The PAP is a two-tiered, self-executing remedy plan. CLEC shall be provided
with Tier 1 payments if, as applicable, Qwest does not provide parity between the
service it provides to CLEC and that which it provides to its own retail customers, or
Qwest fails to meet applicable benchmarks.
2.1.1 As specified in section 7.0, if Qwest fails to meet parity and benchmark
standards on an aggregate CLEC basis, Qwest shall make Tier 2 payments to a
Fund established by the state regulatory commission or, if required by existing law, to
the state general fund.
2.2 As specified in sections 6.0 and 7.0 and Attachments 1 and 2, payment is
generally on a per occurrence basis, (Le., a set dollar payment times the number of
non-conforming service events). For the performance measurements which do not
lend themselves to per occurrence payment, payment is on a per measurement
basis, (Le., a set dollar payment). The level of payment also depends upon the
number of consecutive months of non-conforming performance, (Le., an escalating
payment the longer the duration of non-conforming performance) unless otherwise
specified.
2.3 Qwest shall be in conformance with the parity standard when service Qwest
provides to CLECis equivalent to that which it provides to its retail customers. The
PAP relies upon statistical scoring to determine whether any difference- between
CLEC and Qwest performance results is significant, that is, not attributable to simple
random variation. Statistical parity shall exist when performance results for CLEe
and for Qwest retail analogue result in a z-value that is no greater than the critical z-
values listed in the Critical Z-Statistical Table in section 5.0.
2.4 For performance measurements that have no Qwest retail analogue, agreed
upon benchmarks shall be used. Benchmarks shall be evaluated using a "stare and
compare" method. For example, if the benchmark is for a particular performance
measurement is 95% or better, Qwest performance results must be at least 95% to
meet the benchmark. Percentage benchmarks wil be adjusted to round the
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
- 1-
)'
Exhibit K
allowable number of misses up or down to the closest integer, except when a
benchmark standard and low CLEC volume are such that a 100% performance result
would be required to meet the standard and has not been attained in which case
section 3.1.2 applies.
3.0 Performance Measurements
3.1 The performance measurements that are in the PAP and either (1) subject to
the PAP payment mechanisms or (2) not subject to the PAP payment mechanisms
but subject to the Reinstatement/Removal Process set forth in section 3.2 below are
identified in Attachment 1 and sections 6.3 and 7.4. Each performance measurement
identified is defined in the Performance Indicator Definitions (IPIDs") included in the
SGAT at Exhibit B.
3.1.1 On Attachment 1, the measurements have been designated as Tier 1,
Tier 2, or both Tier 1 and Tier 2 and given a High, Medium, or Low
designation.
3.1.2 Where applicable elsewhere in the PAP, this provision modifies other
provisions and operates as follows: For any Tier 1 or Tier 2 benchmark or
non-interval parity performance sub-measure, Qwest shall apply one
allowable miss to a sub-measure disaggregation that otherwise would require
100% performance before the performance is considered as non-conforming
to standard (1) if at the eLEe-aggregate level, the performance standard is
met or (2) where the CLEC-aggregate performance must be 100% to meet
the standard, the CLEe-aggregate performance is conforming after applying
one allowable miss at that leveL.
3.2 The following measures, which are listed in Attachment 1 or section 7.4, are
not subject to the payment mechanisms of the PAP; however, they are subject to the
PID Reinstatement/Removal Process. All other measures listed in Attachment 1,
section 6.3 or section 7.4 are subject to the PAP payment mechanisms, but they are
not subject to the PID Reinstatement/Removal Process.
GA-3 Gateway Availability EB-TA
GA-4 System Availabilty EXACT
GA-7 Timely Outage Resolution following Softare Releases
PO-3 LSR Rejection Notice Interval
PO-5D Firm Order Confirmations (FOCs) On Time (ASRs for LIS Trunks)
PO-7 Billng Completion Notification Timeliness
PO-8 Jeopardy Notice Interval
PO-16 Timely Release Notifications
OP-17 Timeliness of Disconnects Associated with LNP Orders
MR-11 LNP Trouble Reports eleared within Specified Timeframes
BI-4 Biling Completeness
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
- 2-
Exhibit K
NI-1 Trunk Blocking
NP-1 NXX Code Activation
3.3 PID Reinstatement/Removal Process: If Qwests performance for any sub-
measure of the PIDs listed in section 3.2 above does not conform to the established
PID standard as set forth in the PAP for three consecutive months, that sub-measure
wil be reinstated (Le., be subject to the PAP payment mechanisms) subject to the
retroactive payment provision of section 3.3.2 and subject to the PAP payment
mechanisms effective in the month following the three consecutive months. The
determination of whether a PID sub-measure is reinstated is made no later than at
the end of the second month following the third consecutive month of non-conforming
performance. The sub-measure wil remain subject to the PAP payment mechanisms
until Qwests performance for that sub-measure satisfies the established standards
for three consecutive months. Effective the month following such conforming
performance, the sub-measure wil no longer be subject to the PAP payment
mechanisms but will continue to be subject to the PID Reinstatement/Removal
Process. The determination of whether a PID sub-measure is removed from being
subject to the PAP payment mechanisms is made no later than the end of the second
month following the third consecutive month of conforming performance. Where
applicable elsewhere in the PAP, this PID Reinstatement/Removal Process modifies
other provisions and operates as follows:
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
eLEC-aggregated or other-aggregated basis such that performance is
evaluated for the purposes of administering the Reinstatement/Removal
Process on a statewide or regionwide level, as applicable per the PID.
3.3.2 Retroactive Payments: To calculate retroactive payments for the sub-
measures reinstated, PAP payment mechanisms will be applied to the three
consecutive months in which the standard was missed, which triggered
reinstatement. These retroactive payments wil be made to applicable CLEes
or the Tier 2 Fund, depending upon the tier designation of the PID, at the end
of the third month after the month in which performance triggered re-
instatement.
3.3.2.1 Accounting for Payments: In support of retroactive payments
(section 3.3.2 above), Qwest wil account separately for PAP payments
that would have been made to individual CLECs or to the Tier 2 Fund
for a sub-measure as though it had been subject to the PAP payment
mechanisms, where automatic reinstatement applies, and account
separately in the same manner for the time between when it is
determined that a sub-measure met the standard for automatic removal
and the effective date of removal (the month following the three
consecutive "met" months). With regard to sub-measures that are
subsequently removed again through this process, any PAP payments
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 3-
Exhibit K
made during the three consecutive months which triggers automatic
removal wil not be recovered by Qwest.
3.3.2.2 Interest: In the case of automatic reinstatement, retroactive
payments will include interest calculated at the prime rate as reported in
the Wall Street Journal from the date a payment would have been
made to the date the payment is actually made.
3.3.2.3 Tracking: Qwest will track and report service and payment
results, including retroactive and avoided (Le., during periods of
removal) PAP payments and the disposition of the avoided payments
on a CLEC, PID sub-measure and aggregate basis each month.
3.3.3 Public Website: Qwest wil maintain a public website showing the
PAP status of each PID or sub-measure with respect to the applicability of the
PAP payment mechanisms (Le., reinstated or removed), which eliminates the
requirement to make filings with the Commission to modify the PAP due to
the application of the PID Reinstatement/Removal Process.
4.0 Statistical Measurement
4.1 Qwest uses a statistical test, namely the modified "z-test," for evaluating the
difference between two means (Le., Qwest and CLEC service or repair intervals) or
two percentages (e.g., Qwest and CLEC proportions), to determine whether a parity
condition exists between the results for Qwest and the CLEe(s). The modified z-
tests shall be applicable if the number of data points are greater than 30 for a given
measurement. For testing measurements for which the number of data points are 30
or less, Qwest wil use a permutation test to determine the statistical significance of
the difference between Qwest and CLEe.
4.2 Qwest shall be in conformance when the monthly performance results for
parity measurements (whether in the form of means, percents, or proportions and at
the equivalent level of disaggregation) are such that the calculated z-test statistics
are not greater than the critical z-values as listed in Table 1, section 5.0.
4.3 Qwest shall be in conformance with benchmark measurements when the
monthly performance result equals or exceeds the benchmark, if a higher value
means better performance, and when the monthly performance result equals or is
less than the benchmark if a lower value means better performance.
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 4-
Exhibit K
The formula for determining parity using the modified z-test is:
z = DIFF / (JOIFF
Where:
DIFF = Mowest - MCLEc
MOWEST = Qwest average or proportion
MCLEc = CLEC average or proportion
(JOIFF = square root D(JDQwest (1/ n CLEC + 1/ n Qwest))
n-2owest = calculated variance for Qwest
nOwest = number of observations or samples used in Qwest
measurement
nCLEC = number of observations or samples used in eLEC
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 eLEC 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, Le., McLEc - MowEsT.
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 CLEe data set (nCLEC) and one reflecting the
remaining data points, and one reflecting the remaining data points,
(which is equal to the size of the original Qwest data set or nOWEST).
Compute and store the modified z..test score (Zs) for this sample.
Count the number of times the z-statistic for a permutation of the data is
greater than the actual modified z-statistic
Compute the fraction of permutations for which the statistic for the rearranged
data is greater than the statistic for the actual samples
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 5-
Exhibit K
If the fraction is greater than a, the significance level of the test, the hypothesis of no
difference is not rejected, and the test is passed. The a shall be .05 when the critical
z value is 1.645 and .15 when the critical z value is 1.04.
5.0 Critical Z-Value
5.1 The following table shall be used to determine the critical z-value that is
referred to in section 6.0. It is based on the monthly business volume of the eLEC
for the particular performance measurements for which statistic testing is being
performed.
TABLE 1: CRITICAL Z-VALUE
CLEC volume LIS Trunks,UDITs,All Other
(Sample size)Resale, UBL-DS1 and DS-
3
1-10 1.04*1.645
11-150 1.645 1.645
151-300 2.0 2.0
301-600 2.7 2.7
601-3000 3.7 3.7
3001 and above 4.3 4.3
* The 1.04 applies for individual month testing for performance measurements
involving LIS trunks and DS-1 and DS-3 that are UDITs, Resale, or Unbundled
Loops. The performance measurements are OP-3d/e, OP-4d/e, OP-5a, o P-6-4/5 ,
MR-5a/b, MR-7d/e, and MR-8.
For purposes of determining consecutive month misses, 1.645 shall be used. Where
performance measurements disaggregate to zone 1 and zone 2, the zones shall be
combined for purposes of statistical testing.
6.0 Tier 1 Payments to CLEC
6.1 Tier 1 payments to CLEC shall be made solely for the performance
measurements designated as Tier 1 on Attachment 1. The payment amount for non-
conforming service varies depending upon the designation of performance
measurements as High, Medium, and Low and the duration of the non-conforming
service condition as described below. Non-conforming service is defined in section
4.0.
6.1.1 Determination of Non-Conforming Measurements: The number of
performance measurements that are determined to be non-conforming and,
therefore, eligible for Tier 1 payments, are limited according to the critical z-value
shown in Table 1, section 5.0. The critical z-values are the statistical standard that
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 6-
OJ
Exhibit K
determines for each CLEC performance measurement whether Qwest has met
parity. The critical z-value is selected from Table 1 according to the monthly CLEC
volume for the performance measurement. For instance, if the eLEC sample size for
that month is 100, the critical z-value is 1.645 for the statistical testing of that parity
performance measurement.
6.2 Determination of the Amount of Payment: Tier 1 payments to CLEC, except
as provided for in sections 6.2.3, 6.3 and 10.0, are calculated and paid monthly
based on the number of performance measurements exceeding the critical z-value.
Payments will be made on either a per occurrence or per measurement basis,
depending upon the performance measurement, using the dollar amounts specified
in Table 2 below. The dollar amounts vary depending upon whether the performance
measurement is designated High, Medium, or Low and escalate depending upon the
number of consecutive months for which Qwest has not met the standard for the
particular measurement.
6.2.1 The escalation of payments for consecutive months of non-conforming
service will be matched month for month with de-escalation of payments for every
month of conforming service. For example, if Qwest has four consecutive monthly
"misses" it wil make payments that escalate from month 1 to month 4 as shown in
Table 2. If, in the next month, service meets the standard, Qwest makes no
payment. A payment "indicator" de-escalates down from month 4 to month 3. If
Qwest misses the following month, it wil make payment at the month 3 level of Table
2 because that is where the payment "indicatot' presently sits. If Qwest misses again
the following month, it wil make payments that escalate back to the month 4 leveL.
The payment level will de-escalate back to the original month 1 level only upon
conforming service sufficient to move the payment "indicatot' back to the month 1
leveL.
6.2.2 For those performance measurements listed on Attachment 2 as
"Performance Measurements Subject to Per Measurement Caps," excluding BI-3A,
payment to a CLEC in a single month shall not exceed the amount listed in Table 2
below for the "Per Measurement Cap" category. For those performance
measurements listed on Attachment 2 as "Performance Measurements Subject to
Per Measurement Payments," if any should be added at a later time, payment to a
CLEC wil be the amount set forth in Table 2 below under the section labeled "Per
Measurement Cap."
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 7-
Exhibit K
TABLE 2: TIER 1 PAYMENTS TO CLEC
Per Occurrence
Measurement Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Each
Group following
month
after
Month 6
add
HiQh $150 $250 $500 $600 $700 $800 $100
Medium $ 75 $150 $300 $400 $500 $600 $100
Low $ 25 $ 50 $100 $200 $300 $400 $100
Per Measurement
Cap
Measurement Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Each
Group following
month
after
Month 6
add
High $25,000 $50,000 $75,000 $100,000 $125,000 $150,000 $25,000
Medium $10,000 $20,000 $30,000 $ 40,000 $ 50,000 $ 60,000 $10,000
Low $ 5,000 $10,000 $15,000 $ 20,000 $ 25,000 $ 30,000 $ 5,000
6.2.3 For the BI-3A performance measurement, the dollar payment amount for non-
conforming performance varies depending upon the Total Bil Adjustment Amount for
the CLEC. The payment amount is calculated using Table 2A below by multiplying
the per occurrence amount times the number of occurrences based on the Total Bil
Adjustment Amount,1 capped at the amount shown in the table for that Total Bil
Adjustment Amount. The escalation of payments for consecutive months as stated in
section 6.2.1 does not apply.
TABLE 2A: TIER 1 PAYMENTS TO CLECS FOR BI-3A
Total Bill Adjustment Per Occurrence eap
Amount Amount
$0 - $0.99 $0 $0
$1 - $199.99 $1 $200
$200 - $999.99 $10 $5,000
$1,000 - $9,999.99 $10 $10,000
$10,000 - $49,999.99 $15 $15,000
$50,000 - $99,999.99 $20 $20,000
$100,000 and over $25 $25,000
6.3 For collocation, CP-2 and CP-4 performance measurements shall be relied
upon for delineation of collocation business rules. For-purposes of calculating Tier 1
payments, collocation jobs and collocation feasibilty studies that are later than the
i Total Bil Adjustment Amount is deternned by subtracting the BI-3A numerator from the BI-3A denomintor
as defmed in the BI-3 Pil formula.
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 8-
Exhibit K
due date wil have a per day payment applied according to Table 3. The per day
payment will be applied to any collocation job in which the feasibilty study is provided
or the collocation installation is completed later than the scheduled date. The
calculation of the payment amount wil be performed by applying the per day
payment amounts as specified in Table 3. Thus, for days 1 through 10, the payment
is $150 per day. For days 11 through 20, the payment is $300 per day and so on.
TABLE 3: TIER-1 COLLOCATION PAYMENTS TO CLECS
Days Late Completion Date Feasibility Study
1 to 10 days $150/day $45/day
11 to 20 days $300/day $90/day
21 to30 days $450/day $135/day
31 to 40 days $600/day $180/day
More than 40 days $1,000/day $300/day
6.4 A minimum payment calculation shall be performed by Qwest at the end of
each year for each CLEC with annual order volumes of no more than 1,200. The
payment shall be calculated by adding the applicable minimum payment amount in
Table 4 below for each month in which at least one payment was due to the CLEC.
To the extent that the actual eLEC payment for the year is less than the product of
the preceding calculation, Qwest shall make an additional payment equal to the
difference.
TABLE 4: MINIMUM PAYMENTS TO CLECS
Minimum Payment
Total Monthly Payment:Amount:
Less than $200 $ 0
Between $200 and $800 $ 1,500
Between $801 and $1,400 $ 2,000
Over $1,400 $ 2,500
7.0 Tier 2 Payments to the State
7.1 Payments to the State shall be limited to the performance measurements
designated in section 7.4 for Tier 2 per measurement payments and in Attachment 1
for per occurrence payments and which have at least 10 data points each month for
the period payments are being calculated. Similar to the Tier 1 structure, Tier 2
measurements are categorized as High, Medium, and Low and the amount of
payments for non-conformance varies according to this categorization.
7.2 Determination of Non-eonforming Measurements: The determination of non-
conformance wil be based upon the aggregate of all CLEC data for each Tier 2
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 9-
Exhibit K
performance measurement. Non-conforming service is defined in section 4.2 (for
parity measurements) and 4.3 (for benchmark measurements), except that a 1.645
critical z-value shall be used for Tier 2 parity measurements that have Tier 1
counterparts. The critical z-value is the statistical standard that determines for each
performance measurement whether Qwest has met parity.
7.3 Determination of the Amount of Payment: Except as provided in section 7.4,
Tier 2 payments are calculated and paid monthly based on the number of
performance measurements failng performance standards for a third consecutive
month, or if two out of three consecutive months in the 12 month period have been
missed, the second consecutive month for Tier 2 measurements with Tier 1
counterparts. For Tier 2 measurements that do not have Tier 1 counterparts,
payments are calculated and paid monthly based on the number of performance
measurements exceeding the critical z-values, identified in section 5.1, in any single
month. Payment wil be made on either a per occurrence or per measurement basis,
whichever is applicable to the performance measurement, using the dollar amounts
specified in Table 5 or Table 6 below. Except as provided in section 7.4, the dollar
amounts vary depending upon whether the performance measurement is designated
High, Medium, or Low.
7.3.1 For those Tier 2 measurements listed on Attachment 2 as "Performance
Measurements Subject to Per Measurement Caps," payment to the State in a single
month shall not exceed the amount listed in Table 5 for the "Per Measurement Cap"
category.
TABLE 5: TIER 2 PAYMENTS TO STATE FUNDS
Per Occurrence
Measurement Group
High $500
Medium $300
Low $200
Per Measurement eap
Measurement Group
High $75,000
Medium $30,000
Low $20,000
7.4 Performance Measurements Subject to Per Measurement Payment: The
following Tier 2 performance measurements shall have their performance results
measured on a region-wide (14 state) basis. Failure to meet the performance
standard, therefore, wil result in a per measurement payment in each of the Qwest
in-region 14 states adopting this PAP. The performance measurements are:
GA-1: Gateway Availabilty - IMA-GUI
GA-2: Gateway Availabilty - IMA-EDI
GA-3: Gateway Availability - EB-TA
GA-4: System Availabilty - EXACT
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 10-
Exhibit K
GA-6: Gateway Availabilty - GUI-Repair
PO-1: Pre-Order/Order Response Times
OP-2: Call Answered within Twenty Seconds - Interconnect Provisioning
Center
MR-2: Calls Answered within Twenty Seconds -Interconnect Repair Center
GA-1 has two sub-measurements: GA-1A, and GA-1 D. PO-1 shall have two sub-
measurements: PO-1A and PO-1B. PO-1A and PO-1B shall have their transaction
types aggregated together.
For these measurements, Qwest will make a Tier 2 payment based upon monthly
performance results according to Table 6: Tier 2 Per Measurement Payments to
State Funds.
TABLE 6: TIER 2 PER MEASUREMENT PAYMENTS TO STATE FUNDS
Measurement Performance State Payment 14 State Payment
GA-1,2,3,4,6 1% or lower $1,000 $14,000
~1% to 3%$10,000 $140,000
~3% to 5%$20,000 $280,000
~5%$30,000 $420,000
PO-1 2 sec. or less $1,000 $14,000
~2 sec.to 5 $5,000 $70,000
sec.
~5 sec. to 10 $10,000 $140,000
sec.
~10 sec.$15,000 $210,000
o P-2/MR-2 1% or lower $1,000 $14,000
~1% to 3%$5,000 $70,000
~3%to 5%$10,000 $140,000
~5%$15,000 $210,000
8.0 Step by Step Calculation of Monthly Tier 1 Payments to CLEC
8.1 Application of the Critical Z-Values: Qwest shall identify the Tier 1 parity
performance measurements that measure the service provided to CLEe by Qwest for
the month in question and the critical z-value from Table 1 in section 5.0 that shall be
used for purposes of statistical testing for each particular performance measurement.
The statistical testing procedures described in section 4.0 shall be applied. For the
purpose of determining the critical z-values, each disaggregated category of a
performance measurement is treated as a separate sub-measurement. The critical
z-value to be applied is determined by the CLEC volume at each level of
disaggregation or sub-measurement.
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 11-
Exhibit K
8.2 Performance Measurements for which Tier 1 Payment is Per Occurrence:
8.2.1 Performance Measurements that are Averages or Means:
8.2.1.1 Step 1: For each performance measurement, the average or the mean that
would yield the critical z-value shall be calculated. The same denominator as the one
used in calculating the z-statistic for the measurement shall be used. (For
benchmark measurements, the benchmark value shall be used.)
8.2.1.2 Step 2: The percentage differences between the actual averages and the
calculated averages shall be calculated. The calculation is % diff = (CLEC result -
ealculated Value)/Calculated Value. The percent difference shall be capped at a
maximum of 100%. In all calculations of percent differences in sections 8.0 and 9.0,
the calculated percent differences is capped at 100%.
8.2.1.2 Step 3: For each performance measurement, the total number of data points
shall be multiplied by the percentage calculated in the previous step and the per
occurrence dollar amounts from the Tier 1 Payment Table shall determine the
payment to the eLEC for each non-conforming performance measurement.
8.2.2 Performance Measurements that are Percentages:
8.2.2.1 Step 1: For each performance measurement, the percentage that would yield
the critical z-value shall be calculated. The same denominator as the one used in
calculating the z- statistic for the measurement shall be used. (For benchmark
measurements, the benchmark value shall be used.)
8.2.2.2 Step 2: The difference between the actual percentages for the eLEC and the
calculated percentages shall be determined.
8.2.2.3 Step 3: For each performance measurement, the total number of data points
shall be multiplied by the difference in percentage calculated in the previous step,
and the per occurrence dollar amount taken from the Tier 1 Payment Table, to
determine the payment to the CLEC for each non-conforming performance
measurement.
8.2.3 Performance Measurements that are Ratios or Proportions:
8.2.3.1 Step 1: For each performance measurement the ratio that would yield the
critical z-value shall be calculated. The same denominator as the one used in
calculating the z-statistic for the measurement shall be used. (For benchmark
measurements, the benchmark value shall be used.)
8.2.3.2 Step 2: The absolute difference between the actual rate for the CLEC and
the calculated rate shall be determined.
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 12-
Exhibit K
8.2.3.3 Step 3: For each performance measurement, the total number of data points
shall be multiplied by the difference calculated in the previous step, and the per
occurrence dollar amount taken from the Tier 1 Payment Table, to determine the
payment to the CLEC for each non-conforming performance measurement.
8.3 Performance Measurements for which Tier 1 Payment is Per Measure:
8.3.1 For each performance measurement where Qwest fails to meet the standard,
the payment to the CLEC shall be the dollar amount shown on the "per measure"
portion of Table 2: Tier 1 Payments to CLEC.
9.0 Step by Step Calculation of Monthly Tier 2 Payments to State Funds
9.1.1 Application of the Critical Z-Value: Qwest shall identify the Tier 2 parity
performance measurements that measure the service provided by Qwest to all
eLEes for the month in question. The statistical testing procedures described in
section 4.0 shall be applied, except that a 1.645 critical z-value shall be used for Tier
2 parity measurements that have Tier 1 counterparts. For Tier 2 parity
measurements that do not have Tier 1 counterparts, the statistical testing procedures
described section 4.0 shall be applied using the critical z-values identified in section
5.1.
9.1.2 To determine if Tier 2 payments for performance measurements listed on
Attachment 1 shall be made in the current month, the following shall be determined.
For Tier 2 measurements that have Tier 1 counterparts, it shall be determined
whether Qwest missed the performance standard for three consecutive months, or if
Qwest has missed the standard in any two out of three consecutive months for the 12
month period and for an additional two consecutive months. For Tier 2
measurements that do not have Tier 1 counterparts, it shall be determined whether
Qwest missed the performance standard for a single month. If any of these
conditions are met and there are at least 10 data points for the measurement in each
month, a Tier 2 payment will be calculated and paid as described below and wil
continue in each succeeding month until Qwests performance meets the applicable
standard. For Tier 2 measures that have Tier 1 counterparts, the most recent three
months of nonconforming performance data that results in payment liabilty shall be
averaged to determine payment.
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 13-
Exhibit K
9.2 Performance Measurements for which Tier 2 Payment is Per Occurrence:
9.2.1 Performance Measurements that are Averages or Means:
9.2.1.1 Step 1: The monthly average or the mean for each performance
measurement that would yield the critical z-value for each month shall be calculated.
The same denominator as the one used in calculating the z-statistic for the
measurement shall be used. (For benchmark measurements, the benchmark value
shall be used.)
9.2.1.2 Step 2: The percentage difference between the actual averages and the
calculated averages for the relevant month(s) shall be calculated. The calculation
for parity measurements is % diff = (actual average - calculated average)/calculated
average. The percent difference shall be capped at a maximum of 100%. In all
calculations of percent differences in section 8.0 and section 9.0, the calculated
percent difference is capped at 100%.
9.2.1.3 Step 3: For each performance measurement, the total number of data points
for the relevant month( s) shall be multiplied by the percentage calculated in the
previous step. The amount (average amount, if more than one month) (rounded to
the nearest integer) is then multiplied by the result of the per occurrence dollar
amount taken from the Tier 2 Payment Table to determine the payment to the State
for each non-conforming performance measurement.
9.3 Performance Measurements that are Percentages:
9.3.1 Step 1: For each performance measurement, the monthly percentage that
would yield the critical z-value for each month shall be calculated. The same
denominator as the one used in calculating the z-statistic for the measurement shall
be used. (For benchmark measurements, the benchmark value shall be used.)
9.3.1.2 Step 2: The difference between the actual percentages and the calculated
percentages for the relevant month(s) shall be calculated. The calculation for parity
measurement is diff = (CLEe result - calculated percentage). This formula shall be
applicable where a high value is indicative of poor performance. The formula shall be
reversed where high performance is indicative of good performance.
9.3.1.3 Step 3: For each performance measurement, the total number of data points
for the relevant month(s) shall be multiplied by the difference in percentage
calculated in the previous step. The amount (average amount, if more than one
month)(rounded to the nearest integer) is then multiplied by the result of the per
occurrence dollar amounts taken from the Tier 2 Payment Table to determine the
payment to the State.
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 14-
Exhibit K
9.4 Performance Measurements that are Ratios or Proportions:
9.4.1 Step 1: For each performance measurement, the ratio that would yield the
critical z-value for each month shall be calculated. The same denominator as the
one used in calculating the z-statistic for the measurement shall be used. (For
benchmark measurements, the benchmark value shall be used.)
9.4.1.1 Step 2: The difference between the actual rate for the CLEe and the
calculated rate for the relevant month(s) shall be calculated. The calculation is: diff =
(CLEC rate - calculated rate). This formula shall apply where a high value isindicative of poor performance. The formula shall be reversed where high
performance is indicative of good performance.
9.4.1.2 Step 3: For each performance measurement, the total number of data points
shall be multiplied by the difference calculated in the previous step for each month.
The amount (average amount, if more than one month)(rounded to the nearest
integer) is then multiplied by the result of the per occurrence dollar amounts taken
from the Tier 2 Payment Table to determine the payment to the State.
9.5 Performance Measurements for which Tier 2 Payment is Per Measure:
9.5.1 For each performance measurement where Qwest fails to meet the standard,
the payment to the State Fund shall be the dollar amount shown on the "per
measure" portion of theTier 2 Payment Table.
10.0 Low Volume, Developing Markets
10.1 For certain qualifying performance standards, if the aggregate monthly
volumes of CLECs participating in the PAP are more than 10, but less than 100,
Qwest 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 disaggregations of
OP-3, OP-4, OP-5a, MR-3, MR-5, MR-7, and MR-8. If the aggregate monthly CLEC
volume is greater than 100, the provisions of this section shall not apply to the
qualifying performance sub-measurement.
10.2 The determination of whether Qwest has met the parity or benchmark
standards wil be made using aggregate volumes of eLECs participating in the PAP.
In the event Qwest does not meet the applicable performance standards, a total
payment to affected eLECs wil be determined in accordance with the high, medium,
low designation for each performance measurement (see Attachment 1) and as
described in section 8.0, except that CLEC aggregate volumes will 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 amounfto eLECs wil
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 15-
Exhibit K
be apportioned to the affected CLEes based upon each CLEC's relative share of the
number of total service misses.
10.3 At the six (6)-month reviews, Qwest wil consider adding to the above list of
qualifying performance sub-measurements, new products disaggregation
representing new modes of CLEe entry into developing markets.
11.0 Payment
11.1 Payments to CLEC, the State, or the Special Fund shall be made one month
following the due date of the performance measurement report for the month for
which payment is being made. Owest wil pay interest on any late payment and
underpayment at the prime rate aS reported in the Wall Street Journal. On any
overpayment, Qwest is allowed to offset future payments by the amount of the
overpayment plus interest at the prime rate.
11.2 Payment to eLEC shall be made via bil credits. Bill credits shall be identified
on a summary format substantially similar to that distributed as a prototype to the
eLECs and the eommissions. To the extent that a monthly payment owed to eLEC
under this PAP exceeds the amount owed to Qwest by eLEC on a monthly bil,
Qwest will issue a check or wire transfer to CLEe in the amount of the overage.
Payment to the State shall be made via check or wire transfer.
11.3 A Special Fund shall be created for the purpose of payment of an
independent auditor and audit costs as specified in section 15.0 and payment of
other expenses incurred by the participating Commissions in the regional
administration of the PAP.
11.3.1 Qwest shall establish the Special Fund as an interest bearing escrow account
upon the first FCe section 271 approval of the PAP applicable to a participating state
Commission. Qwest shall be authorized to withhold and deposit into the Special
Fund one-half of all Tier 2 payments. The cost of the escrow account wil be paid
for from account funds.
11.3.2 eommissions participating in the Special Fund shall appoint a person
designated to administer and authorize disbursement of funds. All claims against the
fund shall be presented to the Commissions' designates and shall be the
responsibilty of the participating Commissions.
11.3.3 Qwest shall advance funds to meet initial claims against the Special Fund to
the extent Tier 2 contributions are insufficient. Such funds shall not exceed $500,000
and shall be reduced appropriately in the event that at least six states in which the
QPAP is in effect do not agree to participate in the Special Fund. Upon a
determination by the participating Commissions that the Special Fund has become
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 16-
Exhibit K
self-sustaining or is no longer required, Qwest shall be allowed to recover any such
advances plus interest at the rate that the escrow account would have earned.
11.3.4 Upon the execution of a memorandum of understanding with the Idaho
Commission, Qwest shall establish an Idaho Discretionary Fund as a separate
interest bearing escrow account. Qwest shall deposit into the Discretionary Fund the
remaining balance of Tier 2 payments after disbursement of Tier 2 payments to the
Special Fund pursuant to section 13.3.1. The Commission shall appoint a person
designated to administer and authorize disbursements of funds from the
Discretionary Fund. Disbursements from the Discretionary Fund shall be limited to
competitively neutral Idaho telecommunications initiatives. The costs of the
Discretionary Fund will paid for from the account's funds.
12.0 Cap on Tier 1 and Tier 2 Payments
12.1 There shall be a cap on the total payments made by Qwest for a 12 month
period beginning with the effective date of the PAP for the State of Idaho. The
annual cap for the State of Idaho shall be 36% of ARMIS Net Return, recalculated
each year based upon the prior year's Idaho ARMIS results , subject to any
applicable adjustment permitted pursuant to section 12.2. Qwest shall submit to the
Commission the calculation of each yeats cap no later than 30 days after submission
of ARMIS results to the FCC. CLEe agrees that this amount constitutes a maximum
annual cap that shall apply to the aggregate total of Tier 1 liquidated damages,
including any such damages paid pursuant to this Agreement, any other
interconnection agreement, or any other payments made for the same underlying
activity or omission under any other contract, order or rule and Tier 2 assessments or
payments made by Qwest for the same underlying activity or omission under any
other contract, order or rule.
12.2 The 36% annual cap may be increased to 44% or decreased to 30% of
ARMIS Net Return as follows:
12.2.1 An increase in the cap of a maximum of 4 percentage points at anyone time
(Le., first to 40 percent) shall occur upon order by the Commission if the cap has
been exceeded for any consecutive period of 24 months by that same 4 percent or
more, provided that: (a) the eommission has determined that the preponderance of
the evidence shows Qwest could have remained beneath the cap through
reasonable and prudent effort, and (b) the Commission has made that determination
after having available to it on the record the results of audits and root cause
analyses, and provided an opportunity for Qwest to be heard.
12.2.2 A decrease in the cap of a maximum of 4 percentage points at anyone time
shall occur upon order by the Commission after performance for any consecutive
period of 24 months in which total payments are 8 or more percentage points below
the cap amount, provided that: (a) the Commission has determined that the
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 17-
Exhibit K
preponderance of the evidence shows the performance results underlying those
payments results from an adequate Qwest commitment to meeting its responsibilities
to provide adequate wholesale service and to keeping open its local markets and (b)
the Commission shall have made that determination after providing all interested
parties an opportunity to be heard.
12.2.3 The provisions of 12.2.1 and 12.2.2 shall be in effect for the next 24 month
period commencing with the end of the 24 month period upon which the
eommission's order is based.
12.3 If the annual cap is reached, each CLEC shall, as of the end of the year, be
entitled to receive the same percentage of its total calculated Tier 1 payments. In
order to preserve the operation of the annual cap, the percentage equalization shall
take place as follows:
12.3.1 The amount by which any month's total year-to-date Tier 1 and Tier 2
payments exceeds the cumulative monthly cap (defined as 1/1ih of the annual cap
times the cumulative number of months to date) shall be calculated and apportioned
between Tier 1 and Tier 2 according to the percentage that each bore of total
payments for the year-to-date. The Tier 1 apportionment resulting of this calculation
shall be known as the "Tracking Account."
12.3.2 The Tier 1 apportionment shall be debited against the monthly payment due
to each CLEe, by applying to the year-to-date payments received by each the
percentage necessary to generate the required total Tier 1 amount.
12.3.3 The Tracking Amount shall be apportioned among all CLEes so as to provide
each with payments equal in percentage of its total year to date Tier 1 payment
calculations.
12.3.4 This calculation shall take place in the first month that the year-to-date total
Tier 1 and Tier 2 payments are expected to exceed the cumulative monthly cap and
for each month of that year thereafter. Qwest shall recover any debited amounts by
reducing payments due to any eLEe for that month and any succeeding months, as
necessary.
13.0 Limitations
13.1 The PAP shall not become available in the State unless and until Qwest
receives effective section 271 authority from the FCC for that State.
13.2 Qwest wil not be liable for Tier 1 payments to CLEe in an FCC approved
state until the Commission has approved an interconnection agreement between
CLEC and Qwest which adopts the provisions of this PAP.
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26, 2007
- 18-
Exhibit K
13.3 Qwest shall not be obligated to make Tier 1 or Tier 2 payments for any
measurement if and to the extent that non-conformance for that measurement was
the result of any of the following: 1) with respect to performance measurements with
a benchmark standard, a Force Majeure event as defined in section 5.7 of the SGAT.
Qwest will provide notice of the occurrence of a Force Majeure event within 72 hours
of the time Qwest learns of the event or within a reasonable time frame that Qwest
should have learned of it; 2) an act or omission by a CLEe 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 facilties when such forecasts are explicitly required by the SGAT; 3)
problems associated with third-party systems or equipment, which could not have
been avoided by Qwest in the exercise of reasonable dilgence, provided, however,
that this third party exclusion wil not be raised in the State more than three times
within a calendar year. If a Force Majeure event or other excusing event recognized
in this section merely suspends Qwests abilty to timely perform an activity subject to
a performance measurement that is an interval measure, the applicable time frame in
which Qwests compliance with the parity or benchmark criterion is measured wil be
extended on an hour-for-hour or day-for-day basis, as applicable, equal to the
duration of the excusing event.
13.3.1 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 party may petition the Commission to require
Qwest to deposit disputed payments into an escrow account when the requesting
party can show cause, such as grounds provided in the Uniform Commercial eode
for cases of commercial uncertainty.
13.3.2 Notwithstanding any other provision of section 13 of this QPAP, Qwest shall
not be excused for failing to provide such performance that Qwest could reasonably
have been expected to deliver assuming that it had designed, implemented, staffed,
provisioned, and otherwise provided for resources reasonably required to meet
foreseeable volumes and patterns of demands upon its resources by eLECs.
13.4 Qwests agreement to implement these enforcement terms, and specifically
its agreement to pay any "liquidated damages" or "assessments" hereunder, wil not
be considered as an admission against interest or an admission of liabilty 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) Qwests
payment of Tier -1 "liquidated damages" or Tier 2 "assessments" as evidence that
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 19-
Exhibit K
Qwest has discriminated in the provision of any facilities or services under Sections
251 or 252, or has violated any state or federal law or regulation. Qwests conduct
underlying its performance measures, however are not made inadmissible by its
terms.
13.4.2 By accepting this performance remedy plan, CLEe agrees that Qwests
performance with respect to this remedy plan may not be used as an admission of
liability or culpability for a violation of any state or federal law or regulation. (Nothing
herein is intended to preclude Qwest from introducing evidence of any Tier 1
"liquidated damages" under these provisions for the purpose of offsetting the
payment against any other damages or payments a eLEC might recover.) The terms
of this paragraph do not apply to any proceeding before the Commission or the FeC
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
CLEe accepting this PAP agree that proof of damages from any non-conforming
performance measurement would be difficult to ascertain and, therefore, liquidated
damages are a reasonable approximation of any contractual damages that may
result from a non-conforming performance measurement. Qwest and CLEe further
agree that Tier 1 payments made pursuant to this PAP are not intended to be a
penalty. The application of the assessments and damages provided for herein is not
intended to foreclose other noncontractual legal and non-contractual regulatory
claims and remedies that may be available to a eLEC.
13.6 This PAP contains a comprehensive set of performance measurements,
statistical methodologies, and payment mechanisms that are designed to function
together, and only together, as an integrated whole. To elect the PAP, CLEe must
adopt the PAP in its entirety, in its interconnection agreement with Qwest. By
electing remedies under the PAP, CLEC waives any causes of action based on a
contractual theory of liability, and any right of recovery under any other theory of
liabilty (including but not limited to a state utilty regulatory commission or Federal
Communications Commission rule or order) to the extent such recovery is related to
harm compensable under a contractual theory of liability (even though it is sought
through a noncontractual claim, theory, or cause of action).
13.7 If for any reason a CLEC agreeing to this QPAP is awarded compensation for
the same harm for which it received payment under the QPAP , the court or other
adjudicatory body hearing such a claim may offset the damages resulting from such
claim against payments made for the same harm.
13.8 Qwest shall not be liable for both Tier 2 payments under the PAP and
assessments, sanctions, or other payments for the same underlying activity or
omission pursuant to any Commission order or service quality rules.
13.9 Whenever a Qwest Tier 1 payment to an individual eLEC exceeds $3 milion
in a month, Qwest may commence a proceeding to demonstrate why it should not be
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 20-
Exhibit K
required to pay any amount in excess of the $3 millon. Upon timely commencement
of the proceeding, Qwest must pay the balance of payments owed in excess of $3
milion into escrow, to be held by a third-party pending the outcome of the
proceeding. To invoke these escrow provisions, Qwest must file, not later than the
due date of the Tier 1 payments, its application. Qwest wil have the burden of proof
to demonstrate why, under the circumstances, it would be unjust to require it to make
the payments in excess of $3 millon. If Qwest reports non-conforming performance
to eLEe for three consecutive months on 20% or more of the measurements
reported to CLEC and has incurred no more than $1 millon in liabilty to CLEC, then
CLEC may commence a similar proceeding. In any such proceeding CLEC wil have
the burden of proof to demonstrate why, under the circumstances, justice requires
Qwest to make payments in excess of the amount calculated pursuant to the terms of
the PAP. The disputes identified in this section shall be resolved in a manner
specified in the Dispute Resolution section of the SGAT with the eLEC.
14.0 Reporting
14.1 Upon receiving effective section 271 authority from the FCC for a state,
Qwest will provide CLEC that has an approved interconnection agreement with
Qwest, a monthly report of Qwests performance for the measurements identified in
the PAP by the last day of the month following the month for which performance
results are being reported. However, Qwest shall have a grace period of five
business days, so that Qwest shall not be deemed out of compliance with its
reporting obligations before the expiration of the five business day grace period.
Qwest wil collect, analyze, and report performance data for the measurements listed
on Attachment 1 in accordance with the most recent version of the PIDs. Upon
CLEC's request, data files of the CLEC's raw data, or any subset thereof, wil be
transmitted, without charge, to CLEC in a mutually acceptable format, protocol, and
transmission medium.
14.2 Qwest wil also provide the Commission a monthly report of aggregate CLEe
performance results pursuant to the PAP by the last day of the month following the
month for which performance results are being reported. However, Qwest shall have
a grace period of five business days, so that Qwest shall not be deemed out of
compliance with its reporting obligations before the expiration of the five business day
grace period. Individual CLEC reports of participating eLECs will also be available to
the eommission upon request. By accepting this PAP, CLEC consents to Qwest
providing CLEe's report and raw data to the State Commission. Pursuant to the
terms of an order of the Commission, Qwest may provide eLEC-specific data that
relates to the PAP, provided that Qwest shall first initiate any procedures necessary
to protect the confidentiality and to prevent the public release of the information
pending any applicable Commission procedures and further provided that Qwest
provides such notice as the Commission directs to the CLEC involved, in order to
allow it to prosecute such procedures to their completion. Data files of participating
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 21-
;
Exhibit K
CLEC raw data, or any subset thereof, wil be transmitted, without charge, to the
Commission in a mutually acceptable format, protocol, and transmission form.
14.3 In the event Qwest does not provide eLEC 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 wil pay to the State a total of $500 for
each business day for which performance reports are 6 to 10 business days past the
due date; $1,000 for each business day for which performance reports are 11 to 15
business days past the due date; and $2,000 for each business day for which
performance results are more than 15 business days past the due date. If reports
are on time but are missing performance results, Qwest wil pay to the State a total of
one-fifth of the late report amount for each missing performance measurement,
subject to a cap of the full late report amount. These amounts represent the total
payments for omitting performance measurements or missing any report deadlines,
rather than a payment per report. Prior to the date of a payment for late reports,
Qwest may file a request for a waiver of the payment, which states the reasons for
the waiver. The Commission may grant the waiver, deny the waiver, or provide any
other relief that may be appropriate.
14.4 To the extent that Qwest recalculates payments made under this PAP, such
recalculation shall be limited to the preceding three years (measured from the later of
the provision of a monthly credit statement or payment due date). Qwest shall retain
sufficient records to demonstrate fully the basis for its calculations for long enough to
meet this potential recalculation obligation. CLEe verification or recalculation efforts
should be made reasonably contemporaneously with Qwest measurements. In any
event, Qwest shall maintain the records in a readily useable format for one year. For
the remaining two years, the records may be retained in archived format. Any
payment adjustments shall be subject to the interest rate provisions of section 11.1.
15.0 Integrated Audit Program/Investigations of Performance Results
15.1 Audits of the PAP shall be conducted in a two-year cycle under the auspices
of the participating eommissions in accordance with a detailed audit plan developed
by an independent auditor retained for a two-year period. The participating
Commissions shall select the independent auditor with input from Qwest and CLEes.
15.1.1 The participating eommissions shall form an oversight committee of
Commissioners who wil choose the independent auditor and approve the audit plan.
Any disputes as to the choice of auditor or the scope of the audit shall be resolved
through a vote of the chairs of the participating commissions pursuant to Section
15.1.4.
15.1.2 The audit plan shall be conducted over two years. The audit plan wil identify
the specific performance measurements to be audited, the specific tests to be
conducted, and the entity to conduct them. The audit plan wil give priority to auditing
Qwest IdahoSGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 22-
.Exhibit K
the higher risk areas identified in the OSS report. The two-year cycle wil examine
risks likely to exist across that period and the past history of testing, in order to
determine what combination of high and more moderate areas of risk should be
examined during the two-year cycle. The first year of a two-year cycle wil
concentrate on areas most likely to require follow-up in the second year.
15.1.3 The audit plan shall be coordinated with other audit plans that may be
conducted by other state commissions so as to avoid duplication, shall not impede
Qwests ability to comply with the other provisions of the PAP and should be of a
nature and scope that can be conducted in accordance with the reasonable course of
Qwests business operations.
15.1.4 Any dispute arising out of the audit plan, the conduct of the audit, or audit
results shall be resolved by the oversight committee of Commissioners. Decisions of
the oversight committee of Commissioners may be appealed to a committee of the
chairs of the participating Commissions.
15.2 Qwest may make management processes more accurate or more efficient to
perform without sacrificing accuracy. These changes are at Qwests discretion but
wil be reported to the independent auditor in quarterly meetings in which the auditor
may ask questions about changes made in the Qwest measurement regimen. The
meetings, which wil be limited to Qwest and the independent auditor, wil permit an
independent assessment of the materiality and propriety of any Qwest changes,
including, where necessary, testing of the change details by the independent auditor.
The information gathered by the independent auditor may be the basis for reports by
the independent auditor to the participating Commissions and, where the
eommissions deem it appropriate, to other participants.
15.3 In the event of a disagreement between Qwest and eLEC as to any issue
regarding the accuracy or integrity of data collected, generated, and reported
pursuant to the PAP, Qwest and the CLEC shall first consult with one another and
attempt in good faith to resolve the issue. If an issue is not resolved within 45 days
after a request for consultation, CLEC and Qwest may, upon a demonstration of good
cause, (e.g., evidence of material errors or discrepancies) request an independent
audit to be conducted, at the initiating party's expense. The independent auditor wil
assess the need for an audit based upon whether there exists a material deficiency in
the data or whether there exists an issue not otherwise addressed by the audit plan
for the current cycle. The dispute resolution provision of section 18.0 is available to
any party questioning the independent auditots decision to conduct or not conduct a
CLEe requested audit and the audit findings, should such an audit be conducted. An
audit may not proceed until dispute resolution is completed. Audit findings wil
include: (a) general applicability of findings and conclusions (Le., relevance to
eLECs or jurisdictions other than the ones causing test initiation), (b) magnitude of
any payment adjustments required and, (c) whether cost responsibility should be
shifted based upon the materiality and clarity of any Qwest non-conformance with
measurement requirements (no pre-determined variance is appropriate, but should
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 23-
L
.'
Exhibit K
be based on the auditor's professional judgment). eLEC may not request an audit of
data more than three years from the later of the provision of a monthly credit
statement or payment due date.
15.4 Expenses for the audit of the PAP and any other related expenses, except
that which may be assigned under section 15.3, shall be paid first from the Tier 2
funds in the Special Fund. For Idaho, the remainder of the audit expenses wil be
paid by Qwest.
15.5 Qwest will investigate any second consecutive Tier 2 miss to determine the
cause of the miss and to identify the action needed in order to meet the standard set
forth in the performance measurements. To the extent an investigation determines
that a CLEC was responsible in whole or in part for the Tier 2 misses, Qwest shall
receive credit against future Tier 2 payments in an amount equal to the Tier 2
payments that should not have been made. The relevant portion of subsequent Tier
2 payments wil not be owed until any responsible CLEC problems are corrected. For
the purposes of this sub-section, Tier 1 performance measurements that have not
been designated as Tier 2 wil be aggregated and the aggregate results wil be
investigated pursuant to the terms of this Agreement.
16.0 Reviews
16. 1 Every six (6) months, beginning six months after the effective date of section
271 approval by the FCC for the state of Idaho, Qwest, CLEes, or the Idaho Public
Utilties eommission may initiate a review of the performance measurements to
determine whether measurements should be added, deleted, or modified; whether
the applicable benchmark standards should be modified or replaced by parity
standards; and whether to move a classification of a measurement to High, Medium,
or Low, Tier 1 or Tier 2. The criterion for reclassification of a measurement shall be
whether the actual volume of data points was less or greater than anticipated.
eriteria for review of performance measurements, other than for possible
reclassification, shall be whether there exists an omission or failure to capture
intended performance, and whether there is duplication of another measurement.
Any disputes regarding adding, deleting, or modifying performance measurements
shall be resolved pursuant to a proceeding before the Commission and subject to
judicial review. No new performance measurements shall be added to this PAP that
have not been subject to observation as diagnostic measurements for a period of 6
months. Any changes made at the six-month review pursuant to this section shall
apply to and modify this agreement between Qwest and eLEC, subject to a stay,
modification or reversal upon appeal or judicial review.
16.1.1 Notwithstanding section 16.1, if any agreements on adding, modifying or
deleting performance measurements as permitted by section 16.1 are reached
between Qwest and CLECs participating in an industry Regional Oversight
Committee (ROC) PID administration forum, those agreements shall be incorporated
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 24-
_.
Exhibit K
into the QPAP and modify the agreement between CLEC and Qwest at any time
those agreements are submitted to the Commission, whether before or after a six-
month review.
16.1.2 For the first twelve months that any changes made pursuant to paragraphs
16.1 or 16.1.1 are in effect, Qwests liability for such changes shall be limited to 10%
of the monthly payments that Qwest would have made absent the effect of such
changes as a whole. This provision shall be referred as "the 10% payment collar."
Such payment limitation shall be accomplished by factoring the payments resulting
from the changes to ensure that such payments remain within 10% of the payments
Qwest would have made absent such changes.
16.1.3 In the event that the eommission adds, modifies, or reclassifies a
performance measurement that has not been agreed upon in the ROC PID
administration forum process in 16.1.1, the 10% payment collar shall remain in effect
unless removed by the Commission pursuant to this section. If, after a minimum of 6
months of payments to a CLEC, Qwests payments have been limited by the 10%
payment collar to 80% or less of what the total payments would have been absent
the collar for the preceding 6-month period, the Commission may, upon motion by an
affected CLEC, conduct a record proceeding to determine whether the 10% payment
collar should be removed from any such performance measure. The Commission
can prospectively remove the 10% collar for Tier 1 payments to affected CLEe( s) for
any such performance measure upon a demonstration through a record proceeding
and a Commission determination that the total payments to the CLEe(s) under the
QPAP were inadequate to compensate eLEC(s) for actual harm incurred during the
same period and upon a determination that such change is otherwise necessary and
appropriate and in the public interest.
16.1.4 Notwithstanding section 16.1, any party may submit a root cause analysis to
the Commission requesting removal of a PID or sub-measure from the PAP or
requesting exemption of a PID or sub-measure from the application of the trigger
mechanism for reinstatement or subsequent removaL. In the analysis and
recommendations concerning the root cause analysis, the Commission is to consider,
at a minimum, whether the root cause analysis provides evidence of no harm, the
same harm as covered by other PID measures, non-Qwest related causes, or other
factors which directly relate to the harm or circumstances specific to the PID or sub-
measure being analyzed.
16.2 Two years after the effective date of the first FCC 271 approval of the PAP,
the participating Commissions may conduct a joint review by a independent third
party to examine the continuing effectiveness of the PAP as a means of inducing
compliant performance. This review shall not be used to open the PAP generally to
amendment, but would serve to assist Commissions in determining existing
conditions and reporting to the FCC on the continuing adequacy of the PAP to serve
its intended functions. The expense of the reviews shall be paid from the Special
Fund.
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 25-
,~ ..
4.Exhibit K
16.3 Qwest wil make the PAP available for eLEC interconnection agreements
until such time as Qwest eliminates its Section 272 affilate. At that time, the
eommission and Qwest shall review the appropriateness of the PAP and whether its
continuation is necessary. However, in the event Qwest exits the interLATA market,
that State PAP shall be rescinded immediately.
17.0 Voluntary Performance Assurance Plan
This PAP represents Qwests voluntary offer to provide performance assurance.
Nothing in the PAP or in any conclusion of non-conformance of Qwests service
performance with the standards defined in the PAP shall be construed to be, of itself,
non-conformance with the Act.
18.0 Dispute Resolution
For the purpose of resolving disputes over the meaning of the provisions of the PAP
and how they should be applied, the dispute resolution provisions of the SGAT,
section 5.18, shall apply whether the CLEC uses the SGAT in its entirety or elects to
make the PAP part of its interconnection agreements (Le., the unique dispute
resolution provisions of interconnection agreements should not apply).
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 26-
,l . J
"Exhibit K
Attachment 1: Tier 1 and Tier 2 Penormance 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
LSR Rejection Notice Interval PO-3a X
Firm Order Confirmations On Time PO-5 X X
Work Completion Notification Timeliness PO-6°X
Billng Completion Notification Timeliness PO-7°X
Jeopardy Notice Interval PO-8 X
Timelv Jeopardy Notices PO-9 X
Release Notifications PO-16 X
(Expanded)-Manual Service Order PO-20 X
Accuracy
ORDERING AND PROVISIONING
Installation Commitments Met OP-39 X X
Installation Intervals OP_4C,9 X X
New Service Quality OP-X X
5a9 bd,9,
Delaved Davs OP_6e,9 X X
Number Portability Timeliness OP-8 X X
Coordinated Cuts On Time -Unbundled OP-13a X X
Loops
LNP Disconnect Timeliness OP-17 X X
MAINTENANCE AND REPAIR
Out of Service Cleared within 24 hours MR-39 X
All Troubles Cleared within 4 hours MR-59 X
Mean time to Restore MR-X
6a9 b9 c9
df ef ' ,,
Repair Repeat Report Rate MR-79 X X
Trouble Rate MR-89 X X
LNP Trouble Reports Cleared within MR-11 X X
Specified Timeframes
BILLING
Time to Provide Recorded Usage Records BI-1 X X
BillinQ Accuracy-Adiustments for Errors BI-3 X
BillnQ Completeness BI-4 X X
NEnNORK PERFORMANCE
Trunk Blocking NI-1 X X
NXX Code Activation NP-1 X X
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 27-
-.; 1.;.Exhibit K
a. PO-3 is limited to PO-3a-1, PO-3b-1, and PO-3c.
b. PO-6 is included with PO-7 as two "families:" PO-6a/PO-7a and PO-6b/PO-7b. Measurements within
each family share a single payment opportunity with only the measurements with the highest payment being
paid.
c. OP~4 is included with OP-6 as five "families:" OP-4a/OP-6-1, OP-4b/OP-6-2, OP-4c/OP-6-3, OP-4d/OP-
6-4, and OP-4e/OP-6-5. Measurements within each family share a single payment opportunity with only the
measurement with the highest payment being paid.
d. Section 3.1.2 applies to OP-5b only if the number of orders with trouble in OP-5a is no more than one.
e. For purposes of the PAP, OP-6a and OP-6b wil be combined and treated as one. The combined OP-6
breaks down to OP-6-1 (within MSA), OP-6-2 (outside MSA), OP-6-3 (no dispatch), OP-6-4 (zone 1), and
OP-6-5 (zone 2).
f. Applicable only to xDSL-1 capable loops.
g. Excludes the following product disaggregations as applicable to this PID: Resale Centrex, Resale
Centrex 21, Resale DSO (non-designed), Resale DSO (designed), Resale DSO, E911/911 Trunks, Resale
Frame Relay, Resale Basic ISDN (non-designed), Resale Basic ISDN (designed), Resale Basic ISDN,
Resale Primary ISDN (non-designed), Resale Primary ISDN (designed), Resale Primary ISDN, Resale PBX
(non-designed), Resale PBX (designed), Resale PBX, Sub-Loop Unbundling, UNE-P (POTS), UNE-P
(Centrex), and UNE-P (Centrex 21).
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 28-
" ~...l" ,.,-.Exhibit K
Attachment 2: Penormance Measurements Subject to Per Measurement Caps
Biling
Time to Provide Recorded Usage Records - BI-1 (Tier 1fTier 2)
Biling Accuracy - Adjustments for Errors - BI-3 (Tier 1 )
Biling Completeness - BI-4 (Tier 1fTier 2)
Qwest Idaho SGAT Third Revised, Sixth Amended Exhibit K, June 26,2007
- 29-