20110316Application.pdf

Owest
1600 7th Avenue, Room 1506
Seattle, Washington 98191
[phone]
F¡¡csimile [phone]
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Paralegal
Regulatory Law
March is, 2011
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. &w-l5--t -tl-04
Application for Approval of Interconnection Agreement
WiMacTel, Inc.
Dear Ms. Jewell:
Qwest~
Spirit of Service~
Via Overnight delivery
Enclosed for filing is an original and three copies of the Application for Approval of an
Interconnection Agreement between Qwest Corporation and WiMacTel. Qwest respectfully
requests that this matter be placed on the Commission Decision Meeting Agenda for
expedited approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matter.
Sincerely,~E~
Maura E. Peterson
mep
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seatte, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr(Q q west.com
9= 33
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
THE INTERCONNECTION
AGREEMENT FOR THE STATE OF
IDAHO PURSUANT TO 47 U.S.C. §252(e)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.: æwtC. -=- t( -o¥
APPLICATION FOR APPROVAL OF
INTERCONNECTION
Qwest Corporation ("Qwest") hereby files this Application for Approval of
Interconnection Agreement ("Agreement"). The Agreement with WiMacTel, Inc. ("WiMac") is
submitted herewith.
This Agreement was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement
reached through voluntary negotiations only if the Commission finds that: the agreement (or
portiones) thereof) discriminates against a telecommunications carrer not a party to this
agreement; or the implementation of such an agreement (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits that this Agreement provides no basis for either of these
findings, and, therefore requests that the Commission approve this Agreement expeditiously.
This Agreement is consistent with the public interest as identified in the pro-competitive policies
of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Agreement wil enable WiMacTel
APPLICATION FOR APPRO V AL OF INTERCONNECTION AGREEMENT-
WIMACTEL
to interconnect with Qwest facilities and to provide customers with increased choices among
local telecommunications services.
Qwest further requests that the Commission approve this Agreement without a hearng.
Because this Agreement was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this JS~y of March, 2011.
Qwest orporation
A am L. Sherr
Attorney for Qwest
APPLICATION FOR APPRO V AL OF INTERCONNECTION AGREEMENT ~
WIMACTEL
CERTIFICATE OF SERVICE
I hereby certify that on this _ day of March, 2011, I served the foregoing
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT upon all
parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
jjewell (gpuc.state.id.us
Hand Delivery
U. S. Mail
_X_ Overnight Delivery
Facsimile
Email
Dave Askeland
Chief Operation Officer
WiMacTel, Inc.
1882 Porter Lake Dr Ste 101
Sarasota, FL 34240
da ve. askel and (g q uoitecheq ui ti es .com
Hand Deli very
-K u. S. Mail
Overnight Delivery
Facsimile
Email
~ \(~
Maura Peterson, Paralegal
APPLICATION FOR APPRO V AL OF INTERCONNCTION AGREEMENT -
WIMACTEL
OocuSign Envelope 10: 62856801-CE6B-462A-855F-1DFF6E17A878
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INTERCONNECTION AGREEMENT
TERMS AND CONDITIONS FOR INTERCONNECTION,
UNBUNDLED NETWORK ELEMENTS, ANCILLARY SERVICES,
AND RESALE OF TELECOMMUNICATIONS SERVICES
BETWEEN
Qwest Corporation
and
WiMacTel, Inc.
For the State of Idaho
Agreement Number
CDS.11 0201. 0001
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OocuSign Envelope 10: 62856801-CE6B-42A-855F-1DFF6E17A878
TABLE OF CONTENTS
o/l.
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SECTION 1.0 - GENERAL TERMS ........................................ .........................................1
SECTION 2.0 -INTERPRETATION AND CONSTRUCTION ..........................................2
SECTION 3.0 - CLEC INFORMATION ....................................... .....................................4
SECTION 4.0 - DEFINITIONS.........................................................................................6
SECTION 5.0 - TERMS AND CONDITIONS .................................................................28
5.1 GENERAL PROVISIONS ....... ....................................................................... ........ 28
5.2 TERM OF AGREEMENT ...................................................................................... 29
5.3 PROOF OF AUTHORIZATION........................................................... ....................29
5.4 PAyMENT..........................................................................................................30
5.5 TAXES .............................................................................................................32
5.6 INSURANCE ..... ..... ..... .... ....... ....... ............................. ...... ............................ ......33
5.7 FORCE MAJEURE..............................................................................................33
5.8 LIMITATION OF LIABILITY....................................................................................34
5.9 INDEMNITY ........ ........................ ................ ...... ...... .................... ......... .............. 34
5.10 INTELLECTUAL PROPERTY................................... ........................... ...................36
5.11 WARRANTIES ...................................................................................................38
5.12 ASSiGNMENT.................................................................................................... 38
5.13 DEFAULT..........................................................................................................39
5.14 DISCLAIMER OF AGENCy.......... ...........;....................................................... ...... 39
5.15 SEVERABILITY................................................................................... ...............39
5.16 NONDISCLOSURE..............................................................................................40
5.17 SURVIVAL.........................................................................................................42
5.18 DISPUTE RESOLUTION ......................... ...... ....................................................... 42
5.19 CONTROLLING LAW....................................................................................:.......43
5.20 RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION..................................... 43
5.21 NOTiCES..........................................................................................................44
5.22 RESPONSIBILITY OF EACH PARTY ......................................................................44
5.23 No THIRD PARTY BENEFICIARIES ......................................................................45
5.24 INTENTIONALLY LEFT BLANK................. ............................................................. 45
5.25 PUBLICITY ..................................................................,.....................................45
5.26 EXECUTED IN COUNTERPARTS ..........................................................................45
5.27 COMPLIANCE.................................................................................................... 45
5.28 COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAw
ENFORCEMENT ACT OF 1994 .......................................................... ..................45
5.29 COOPERATION .................................................................................................45
5.30 AMENDMENTS ........................................,.........................................................46
5.31 ENTIRE AGREEMENT.....................................;........ ...........................................46
SECTioN 6.0 - RESALE ..............................................................................................47
6.1 DESCRIPTION ...........................................................,.......................................47
6.2 TERMS AND CONDITIONS ............ ...................................................................... 47
6.3 RATES AND CHARGES ........................................................................................52
6.4 ORDERING PROCESS .............................................. .................... ...................... 53
6.5 BILLING............................................................................................................ 54
6.6 MAINTENANCE AND REPAIR...............................................................................55
6.7 COMMINGLING OF RESOLD SERVICES WITH UNBUNDLED NETWORK
ELEMENTS AND COMBINATIONS OF UNBUNDLED NETWORK ELEMENTS ................ 55
Feb 1, 2011/cacliMacTelliDI Agreement Number CDS-11 0201-0001
Qwest Fourteen State Negotiations Template. July 15, 2010
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TABLE OF. CONTENTS
SECTION 7.0 - INTERCONNECTION: .........................................................................56
7.1 INTERCONNECTION FACILITY OPTIONS ............................................................... 56
7.2 EXCHANGE OF TRAFFiC.................................................................................... 57
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................................... 74
SECTION 8.0 - COLLOCATION.....................................................................................75
8.1 DESCRIPTION ........ .... ............... .................................. ................................... ... 75
8.2 TERMS AND CONDITIONS ............................ ........ .......... ....................................77
8.3 RATE ELEMENTS ............................................................................................110
8.4 ORDERING..................................................................................................... 120
8.5 BILLING..........................................................................................................136
8.6 MAINTENANCE AND REPAIR............................................................:................ 137
SECTION 9.0 _ UNBUNDLED NETWORK ELEMENTS ...............................................139
9.1 GENERAL TERMS............................................................................................ 139
9.2 UNBUNDLED Loops........................................................................................152
9.3 SUBLOOP UNBUNDLING...................................................................................171
9.4 INTENTIONALLY LEFT BLANK. ................. .......................................................... 181
9.5 NETWORK INTERFACE DEVICE (NID) ................................................;.............. 181
9.6 UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT) ..............................185
9.7 UNBUNDLED DARK FIBER................................................................................ 190
9.8 INTENTIONALLY LEFT BLANK................................................. ........................... 199
9.9 INTENTIONALLY LEFT BLANK.............................................................................199
9.1 0 INTENTIONALLY LEFT BLANK.................. .............................. ............................199
9.11 INTENTIONALLY LEFT BLANK............................................................................ 199
9.12 INTENTIONALLY LEFT BLANK................................................................ ............199
9.13 INTENTIONALLY LEFT BLANK......... ........... .......... ......... .................. ................... 199
9.14 INTENTIONALLY LEFT BLANK............................................................................ 199
9.15 INTENTIONALLY LEFT BLANK................................ ....... ..................................... 199 .
9.16 INTENTIONALLY LEFT BLANK.......... .............. ............... .............. .................. ..... 199
9.17 INTENTIONALLY LEFT BLANK.......... ................. ................................................. 199
9.18 ADDITIONAL UNBUNDLED ELEMENTS.............................. ...... ............................ 199
9.19 CONSTRUCTION CHARGES..............................................................................199
9.20 INTENTIONALLY LEFT BLANK.................. ..........................................................201
9.21 LINE SPLITIING ..............................................................................................201
9.22 INTENTIONALLY LEFT BLANK...................... ................ ....... ............................... 205
9.23 UNBUNDLED NETWORK ELEMENT COMBINATIONS................ ................ ............ 205
9.24 Loop SpLlTIING.............................................................................................213
9.25 Loop-Mux COMBINATION (LMC)..................................................................... 217
SECTION 10.0 - ANCILLARY SERVICES..................................................................221
10.1 INTERIM NUMBER PORTABILITY ....................................................................... 221
10.2 LOCAL NUMBER PORTABILITY.......................................................................... 228
10.3 911/E911 SERVICE ........................................................................................ 235
10.4 WHITE PAGES DIRECTORY LISTINGS SERViCE.................................................. 240
10.5 DIRECTORY ASSISTANCE SERVICE ....................................................;.............244
fÌ7j Feb 1, 2011/cacIiMacTel/ID/ Agreement Number CDS-110201-Q001
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e2'..,.~~/;:; ):'-''J10.6 DIRECTORY ASSISTANCE LIST .... ..................................................................... 248
10.7 TOLL AND ASSISTANCE OPERATOR SERVICES .... ...... ........................................252
10.8 ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAY ...........................257
SECTION 11.0 - NETWORK SECURITY ..........................................................;.........272
SECTION 12.0,- ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) ....... ..... 278
12.1 DESCRIPTION ............. .................................................................................... 278
12.2 OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROVISIONING ....... ..........278
12.3 MAINTENANCE AND REPAIR.... ........................................-................................. 290
SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS............................................301
SECTIÒN 14.0 - LOCAL DIALING PARITY.................................................................302
SECTION 15.0 - QWEST'S OFFICIAL DIRECTORY PUBLISHER................;.............303
SECTION 16.0 - REFERRAL ANNOUNCEMENT ....................................................... 304
SECTION 17.0 - BONA FIDE REQUEST PROCESS..................................................305
SECTION 18.0 - AUDIT PROCESS ............................................................................308
SECTION 19.0 - CONSTRUCTION CHARGES ..........................................................311
SECTION 20.0 - SERVICE PERFORMANCE .............................................................312
SECTION 21.0 - NETWORK STANDARDS ................................................................313
SECTION 22.0 - SIGNATURE PAGE..........................................................................316
Feb 1, 2011/cacJiMacTel/ID/ Agreement Number CDS-110201-Q001
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EXHIBIT A
EXHIBITB
EXHIBITC
EXHIBITD
EXHIBIT E
EXHIBIT F
EXHIBITG
EXHIBITH
EXHIBIT I
EXHIBIT J
EXHIBITK
TABLE OF CONTENTS FOR EXHIBITS
Rates
Service Performance Indicators
Service Interval Tables
Qwest Right of Way, Pole Attachment and/or Innerduct Occupancy General
Information Document
Intentionally Left Blank
Special Request Process
Intentionally Left Blank
Calculation of the Relative Use Factor (RUF)
Individual Case Basis (ICB)
Intentionally Left Blank
Intentionally Left Blank
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Secton 1
General Terms
Section 1.0 . GENERAL TERMS
1.1 This Agreement for Interconnection, Unbundled Netwrk Elements, ancilary
services, and resale of Telecommunications Services is between Qwest Corporation rQwest"),
a Colorado corporation, and WiMacTel, Inc. (CLEC), a Delaware corporation with offces at
1882 Porter Lake Drive, Suite 101, Sarasota, FL 34240, pursuant to Section 252(f) of the
Telecommunications Act of 1996, for purposes of fulfiling 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
wil provide to CLEC network Interconnection, access to Unbundled Network Elements, ancilary
services, and Telecommunications Services available for resale within the geographical areas in
which Qwest is providing local Exchange Service at that time, and for which Qwest is the
incumbent Local Exchange Carrier within the state of Idaho, for purposes of providing local
Telecommunications Services.
1.4
1.5
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank
1.6
1.7
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.
Feb 1, 2011/cacJiMacTelliDI Agreement Number CDS-110201-0001
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Section 2
Interpretation and Constructon
Section 2.0 -INTERPRETATION AND CONSTRUCTION
2.1 This Agreement includes this Agreement and all Exhibits appended hereto, each
of which is hereby incorporated by reference in this Agreement and made a part hereof. All
references to Sections and Exhibits shall be deemed to be references to Sections of, and
Exhibits to, this Agreement unless the context shall otherwise require. The headings and
numbering of Sections and Exhibits used in this Agreement are for convenience only and will
not be construed to define or limit any of the terms in this Agreement or affect the meaning and
interpretation of this Agreement. Unless the context shall otherwise require, any reference to
any statute, regulation, rule, 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
of 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
unti 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 sixt (60) Days
after notification from a Part seeking amendment due to a modification or change of the
Existing Rules or if any time during such sixt (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 Agreemènt. 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 Part provides notice to the other Part within thirt (30) Days of the
effective date of an order issuing a legally binding change, any resulting amendment shall be
deemed effective on the effective date of the legally binding change or modification of the
Existing Rules for rates, and to the extent practicable for other terms and conditions, unless
otherwise ordered. In the event neither Party provides notice within thirt (30) Days, the
Feb 1, 2011/cacJiMacTeI/ID/ Agreement Number CDS-110201-u001
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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 sixt (60) Days. For purposes of this
section, "legally binding" means that the legal ruling has not been stayed, no request for a stay
is pending, and any deadline for requesting a stay designated by statute or regulation, has
passed.
2.2.1 In addition to, but not in limitation of, Section 2.2 above, nothing in this
Agreement shall be deemed an admission by Qwest or CLEC concerning the
interpretation or effect of any rule, regulation, statute, or interpretations thereof, including
but not limited to the FCC's Triennial Review Order and/or its Triennial Review Remand
Order and state rules, regulations, and laws as they may be issued or promulgated.
Nothing in this Agreement shall preclude or estop Qwest or CLEC from taking any
position in any forum concerning the proper interpretation or effect of any rule,
regulation, or statute, or concerning whether the foregoing should be changed, vacated,
dismissed, stayed or modified.
2.3 Unless otherwise specifically determined by, the Commission, in cases of conflict
between this Agreement and Qwests Tariffs, PCAT, methods and procedures, technical
publications, policies, product notifications or other Qwest documentation relating to 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 Part under this Agreement, the rates, terms and conditions of this
Agreement shall prevaiL.
2.3.1 Intentionally Left Blank.
Feb 1, 20111cacJiMacTeillDI Agreement Number CDS-110201-0001
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Section 3
CLEC Infonnation
Section 3.0 - CLEC INFORMATION
3.1 Except as otherwise required by law, Qwest will not provide or establish
Interconnection, Unbundled Network Elements, ancilary services and/or resale of
Telecommunications Services in accordance with the terms and conditions of this Agreement
prior to CLEC's execution of this Agreement. The Parties shall complete Qwests "New
Customer Questionnaire," as it applies to CLEC's obtaining of Interconnection, Unbundled
Network Elements, ancilary services, and/or resale of Telecommunications Services hereunder.
3.2 Prior to placing any orders for services under this Agreement, the Parties wil
jointly complete the following sections of Qwests "New Customer Questionnaire:"
General Information
Biling and Collection (Section 1)
Credit Information
Billng Information
Summary Billing
OSS and Network Outage Notification Contact Information
System Administration Contact Information
Ordering Information for LIS Trunks, Collocation, and Associated Products (if CLEC
plans to order these services)
Design Layout Request - LIS Trunking and Unbundled Loop (if CLEC plans to order
these services)
3.2.1 The remainder of this questionnaire must be èompleted 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 specifc activity;
Collect credit information;
Obtain Billng information;
Create summary bills;
Establish input and output requirements;
Create and distribute Qwest and CLEC contact lists; and
Feb 1, 2011/cac,iMacTel/ID/ Agreement Number CDS-110201-0001
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Section 3
CLEC Information
Identif CLEC hours and holidays.
3.2.2 CLECs that have previously completed a Questionnaire need not fil out a
New Customer Questionnaire; however, CLEC wil update its New Customer
Questionnaire with any changes in the required information that have occurred and
communicate those changes to Qwest. Before placing an order for a new product,
CLEC will need to complete the relevant New Product Questionnaire and amend this
Agreement.
3.3 Intentionally Left Blank.
Intentionally Left Blank.3.4
Feb 1, 2011/cacIiMacTeillDI Agreement Number CDS-110201-o001
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Secon 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 wil be used to order trunking and
facilties between CLEC and Owest for Local Interconnection Service.
"Access Services" refers to the interstate and intrastate switched access and private line
transport services offered for the. origination and/or termination of interexchange traffc.
"Access Tandem Switch" is a Switch used to connect End Offce Switches to interexchange
Carrier Switches. Owests 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 theexchange of local traffc. .
"Act" means the Communications Act of 1934 (47 U.S.C. § 151 et. seq.), as amended and as
from time to time interpreted in the duly authorized rules and regulations of the FCC or the
Commission.
"Advanced Services" refers to high speed, switched, broadband, wireline Telecommunications
capabilty that enables users to originate and receive high-quality, voice, data, graphics or video
Telecommunications using any technology.
i
"Affliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with, another person. For purposes of this paragraph,
the term 'own' means to own an equity interest (or the equivalent thereof) of more than 10percent. '
"AMI T1" is a transmission system sometimes used on loops to transmit DS1 signals (1.544
Mbps) using Altemate 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 Owest an application for service
containing required information as set forth in this Agreement.
"ATIS" or "Allance for Telecommunications Industry Solutions" is a North Amencan
telecommunication industry standards forum which, through its committees and working groups,
creates, and publishes standards and guidelines designed to enable interoperabilty and
Interconnection for Telecommunications products and seryices. 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.
Feb 1, 2011/cacliMacTei/iDI Agreement Number CDS-110201-D001
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Section 4
Definitions
"Automatic Location Identification" or "ALI" is the automatic display at the Public Safety
Answering Point (PSAP) of the caller's telephone number, the address/location of the telephone
and supplementary emergency services information for Enhanced 911 (E911).
"Automatic Location Identification/Database Management System" or "ALI/DBMS" \is an
Enhanced 911/ (E911) database containing End User Customer location information (including
name, service address, telephone number, and sometimes special information from the local
service provider) used to determine to which Public Safety Answering Point (PSAP) to route the
call and used by the PSAP for emergency call handling (i.e., dispatch of emergency aid).
"Automatic Location Identification Gateway" or "ALI Gateway" is a computer facilty into which
CLEC delivers Automatic Location Identification (ALI) data for CLEC Customers. Access to the
ALI Gateway wil be via a dial-up modem using a common protocol.
"Automatic Number Identification" or "ANI" is the Biling telephone number associated with the
access line from which a call originates. ANI and Callng Part Number (CPN) usually are the
same number.
"Automatic Route Selection" or "ARS" is a service feature that provides for automatic selection
of the least expensive or most appropriate transmission facility for each call based on criteria
programmed into a circuit Switch routing table or system.
"Basic Exchange Telecommunications Service" means, unless otherwise defined in
Commission rules and then it shall have the meaning set forth therein, a service offered to End
User Customers which provides the End User Customer with a telephonic connection to, and a
unique local telephone number address on, the public switched telecommunications network,
and which enables such End User Customer to generally place calls to, or receive calls from,
other stations on the public switched telecommunications network. Basic residence and
business line services are Basic Exchange Telecommunications Services. As used solely in the
context of this Agreement and unless otherwise agreed, Basic Exchange Telecommunications
Service includes access to ancilary services such as 911, directory assistance and operator
services.
"Bill Date" means the date on which a Billng period ends, as identified on the bil.
"Billng" involves the provision of appropriate usage data by one Telecommunications Carrier to
another to faciltate Customer Billng with attendant acknowledgments and status reports. It
also involves the exchange of information between Telecommunications Carriers to process
claims and adjustments.
"Binder Groups" mean the sub-units of a cable, usually in groups of 25, 50 or 100 color-coded
twisted pairs wrapped in colored tape within a cable.
"Bona Fide Request" or "BFR" shall have the meaning set forth ih 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 Qwest itself or by CLEC that leases the line from Qwest. The number of
Feb 1, 2011/cacliMacTel/ID/ Agreement Number CDS-110201-0001
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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 tallies (1) shall include only those access lines connecting End User Customers
with Qwest end-offces for switched services; (2) shall not include non-switched special access
lines; and (3) shall account for ISDN and other digital access lines by counting each 64 kbps-
equivalent as one line. For example, a 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.
"Callng Part Number" or "CPN" is a Common Channel Signaling (CCS) parameter which
refers to the ten digit number transmitted through a network identifying the callng part.
Reference Qwest Technical Publication 77342.
"Carrier" or "Common Carriet' See Telecommunications Carrier.
"Carner 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 Interoperabilty Forum (NIIF), the Ordering and Billng Forum
(OBF), the Industry Numbering Committee (INC), and the Toll Fraud Prevention Committee
(TFPC). On occasion, the CLC commissions ad hoc committees when issues do not have a
logical home in one of the subtending forums. OBF and Network Installation and Maintenance
Committee (NIMC) publish business process rules for their respective areas of concern.
"Central Offce" means a building or a space within a building where transmission facilties or
circuits are connected or switched.
"Central Offce Switch" means a Switch used to provide Telecommunications Services,
including, but not limited to:
"End Ofice 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") are used to connect and switch trunk
circuits between and among other End Offce Switches. CLEC Switch (es) shall be
considered Tandem Office 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 "CMOS" means the operation system that Local
Exchange Carners use to exchange outcollect and lABS access messages among each other
and other parties connected to CMOS.
"Centrex" shall have the meaning set forth in Section 6.2.2.9.
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Secion 4
Definitions
"Charge Number" is a Common Channel Signaling parameter, which refers to the number,
transmitted through the network identifying the Billing number of the callng party. Charge
Number frequently is not the Callng Party Number (CPN).
"Collocation" is an arrangement where Qwest provides space in Qwest Premises for the
placement of CLEC's equipment to be used for the purpose of Interconnection or access to
Qwest Unbundled Network Elements.
"Collocation - Point of Interconnection" or "C-POI" is the point outside Qwests Wire Center
where CLEC's fiber facilty meets Qwests Fiber Entrance Facilty, except where CLEC uses an
Express Fiber Entrance Facilty. In either case, Qwest wil extend or run the Fiber Entrance
Facilty to CLEC's Collocation Space.
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C. § 332 and FCC rules
and orders interpreting that statute.
"Commingling" means the connecting, attaching, or otherwise linking of an Unbundled Network
Element, ora Combination of Unbundled Network Elements, to one or more facilties or services
that a requesting Telecommunications Carrier has obtained at wholesale from Qwest, or the
combination of an Unbundled Network Element, or a Combination of Unbundled Network
Elements, with one or more such facilties or services.
"Commingle" means the act of Commingling.
"Commission" means the Idaho Public Utilties 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 carres the actual calL. Signaling System 7 ("SS7") is currently the preferred CCS method.
"Communications Assistance for Law Enforcement Act" or "CALEA" refers to the duties and
obligations of Carriers to assist law enforcement agencies by intercepting communications and
records, and installng pen registers and trap and trace devices.
"Competitive Local Exchange Carrier" or "CLEC" refers to a Part that has submitted a request,
pursuant to this Agreement, to obtain Interconnection, access to Unbundled Network Elements,
ancilary 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 (I LEG).
. "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 Part from which an End User Customer is planning to
port its telephone number(s).
"Custom Callng Features" comprise a group of features provided via a Central Offce Switch
without the need for special Customer Premises Equipment. Features include, but are not
Feb 1, 2011/cacJiMacTel/lDI Agreement Number CDS-110201-Q001
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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 relection.
"Customer" is a Person to whom a Party provides or has agreed to provide a specific servce or
set of services, whether directly or indirectly. Customer includes Telecommunication Carriers.
See also, End User Customer.
"Customer Premises Equipment" or "CPE" means equipment employèd 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 Qwest AMA equipment and forwarded to CLEC.
"Dark Fiber" shall have the meaning set forth in Sectiori 9.7.1.
"Data Local Exchange Carriet' or "DLEC" is a CLEC interconnecting primarily for purposes of
transporting data.
"Day" means calendar days unless otherwise specified.
. "Dedicated Transport" means Qwest transmission facilties between Wire Centers or switches
owned by Qwest, or between Wire Centers or switches owned by Qwest 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 Qwest owned or controlled facilties cease, and
CLEC, End User Customer, premises owner or landlord ownership or control of facilties 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 fòrth 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 facilties. 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
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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 wil 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 04
channel banks or other DSO and above multiplexing equipment used to provide the function of a
manual Cross Connection. Interconnection is between a DSX or LGX to a Switch, another
Cross Connection, or other service platform device.
"Digital Signal Level" means one of several transmission rates in the time-division multiplex
hierarchy.
"Digital Signal Level 0" or "DSO" is the 64 Kbps standard speed for digitizing one voice
conversation using pulse code modulation. There are twenty-four (24) DSO channels in a DS1.
"Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS1 is
the initial level of multiplexing. There are twenty-eight (28) DS1s in a DS3.
"Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level signal in the time-division
multiplex hierarchy. In the time-division mUltiplexing hierarchy of the telephone network, DS3 is
defined as the third level of multiplexing.
"Digital Subscriber Line Access Multiplexer" or "OS LAM" is a network device that: (i) aggregates
.Iower 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 OS LAM must be located at the end of a copper Loop nearest the
Serving Wire Center (e.g., in a Remote Terminal, Central Office, or an End User Customer's
premises).
"Digital Subseriber 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 Offce to the End User Customer) and up to 1 Mbps digital signal upstream (from
the End User Customer to the Central Offce) over one (1) copper pair.
"HDSL" or ¡'High-Data Rate Digital Subscriber Line" is' a synchronous baseband DSL
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.
Feb 1, 2011fcacliMacTelflDf Agreement Number CDS-110201-o001
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Section 4
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"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 Kbpsusing ISDN CPE but not circuit switching.
"SDSL" or "Symmetnc Digital Subscriber Line" is a baseband DSL transmission
technology that permits the bi-directional transmission from up to 160 kbps to 2.048
Mbps on a single pair.
"VDSL" or "Very High Speed Digital Subscriber Line" is a baseband DSL transmission
technology that permits the transmission of up to 52 Mbps downstream (from the Central
Office to the End User Customer) and up to 2.3 Mbps digital signal upstream (from the
End User Customer to the Central Offce). VDSL can also be 26 Mbps symmetrical, or
other combination.
"Directory Assistance Database" shall have the meaning set forth in Section 10.5.2.2.
"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 or Provider, as applicable, and such subscnbers' 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 Carner and/or Provider
provides or uses for the purpose of publishing the Listings in any directory format; or (2) that the
Telecommunications Carrier and/or Provider provides or uses in Directory Assistance Service,
Directory Assistance List Service, or for other lawful purposes.
"Disturber" is defined as a technology reconized by industry standards bodies that significantly
degrades service using another technology (such as how AMI T1x affects DSL).
"DSX Panel" means a cross connect bay or panel used for the termination of equipment and
facilties operating at digital rates.
"Due Date" means the specific date on which the requested service is to be available to CLEC
or to CLEC's End User Customer, as applicable.
"Effective Date" shall have the meaning set forth in Section 5.2.1.
"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.
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Section 4
Definitions
"Electronic File Transfer" means any system or process that utilzes 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 faciltates Selective Routing and transfer, if required, to the appropriate PSAP and the
dispatch of proper Emergency Response Agency(ies).
"End User Customer" means a third part retail Customer that subscribes to a
Telecommunications Service provided by either of the Parties or by another Carrier or by two (2)
or more Carrers.
"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 Liabilty Act, Superfund Amendment and Reauthorization Act, Resource
Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar
purposes in applicable foreign, state and local jurisdictions) or (ii) poses risks to human health,
safety or the environment (including, without limitation, indoor, outdoor or orbital space
environments) and is regulated under any Applicable Law.
"Exchange Access" shall have the same meaning as in the Act.
"Exchange Message Interface" or "EMI" means the format used for exchange of
Telecommunications message information among Telecommunications Carriers. It is
referenced in the Allance for Telecommunications Industry Solutions (ATIS) document that
defines industry guidelines for the exchange of message records.
"Exchange Message Record" or "EMR" is the standard used for exchange of
telecommunications message information between telecommunications providers for bilable,
non-bilable, sample, settlement and study data. EMR format is contained in BR-01 0-200-01 0
CRIS Exchange Message Record, a Telcordia document that defines industry standards for
exchange message records.
"Exchange Service" or "Extended Area Service (EAS)/Local Traffc" means traffc that is
originated and terminated within the Local Callng Area as defined in Qwests Southern Idaho
and Northern Idaho Exchange and Network Services Catalogs.
"FCC" means the Federal Communications Commission.
"Fiber-based Collocator" means any carrer, unaffliated with Qwest, that maintains a Collocation
arrangement in a Qwest Wire Center, with active electrical power supply, and operates a fiber-
Feb 1, 2011/cacliMacTel/ID/ Agreement Number CDS-11 0201-0001
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optic cable or comparable transmission facilty that (1) terminates at a Collocation arrangement
within the Wire Center; (2) leaves the Qwest Wire Center premises; and (3) is owned by a part
other than Qwest or any affilate of Qwest, except as set forth in this paragraph. Dark fiber
obtained from Qwest on an indefeasible right of use basis shall be treated as non-Qwest fiber-
optic cable. Two (2) or more 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 "affilate" is defined by 47 U.S.C. § 153(1).
"Fiber Meet" means an Interconnection architecture method whereby the Parties physically
interconnect their networks via an optical fiber interface (as opposed to an electrical interface) at
a mutually-agreed-upon location.
"Finished Services" means complete end-to-end services offered by Qwest to wholesale
customers or retail End User Customers. Finished Services do not include Unbundled Network
Elements or combinations of Unbundled Network Elements. Finished Services include Access
Services, private lines, retail services, and resold services.
"Firm Order Confirmation" or "FOC" means the notice Qwest provides to CLEC to confirm that
CLEC's Local Service Order (LSR) has been received and has been successfully processed.
The FOC confirms the schedule of dates committed to by Qwest for the Provisioning of the
service requested.
"Hub Provider" means an entity that (i) provides Common Channel Signaling (SS7) connectivity
between the networks of service providers that are not directly connected to each other; or (ii)
provides third part database services such as L1DB. The SS7 messages received by Hub
Providers are accepted or rejected by the Hub Provider depending on whether a contractual
arrangement exists between the Hub Provider and the message originator (sender) and whether
the message originator has contracted for the type of SS7 messages being submitted for
transmission to the Hub Provider.
"Individual Case Basis" or "ICB" shall have the meaning set forth in Exhibit i.
"Information Service" is the offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilzing, or making available information via
Telecommunications, and includes electronic publishing, but does not include any use of any
such capabilty 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 (?) 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.
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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 traffc, IntraLATA LEC
Toll and Jointly Provided Switched Access traffc.
"Interconnection Agreement" or "Agreement" is an agreement entered into between Qwest and
CLEC for Interconnection, Unbundled Network Elements or other services as a result of
negotiations, adoption and/or arbitration or a combination thereof pursuant to Section 252 of the
Act. When CLEC signs and delivers a copy of this Agreement to Qwest pursuant to the notice
provision of the Agreement, it becomes the Interconnection Agreement between the Parties
pursuant to Section 252(e) of the Act.
"Interexchange Carrier" or "IXC" means a Carrier that provides InterLTA 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 portabilty, such as Remote Call
Forwarding ("RCF") or any other comparable and technically feasible arrangement, that allows
one Part to port telephone numbers from its 'network to the other Part's network with as litle
impairment of quality, reliabilty and convenience to the customer as possible, but does not
comply with the Local Number Portabilty performance criteria set forth in 47 C.F.R. Section
52.23(a).
"lnterLATA Traffic" describes Telecommunications between a point located in a Local Access
and Transport Area ("LATA") and a point located outside such area.
"Internet Service Provider-Bound" or "ISP-Bound" refers only to the traffc delivered to an
Internet Service provider for which the FCC prescribed intercarrier compensation in the
Intercarrier Compensation for ISP-Bound Traffc, CC Docket No. 99-68, Order on Remand and
Report and Order, 16 FCC Red 9151 (2001)(the "ISP Remand Orden. Such traffc does not
include traffc delivered to an Internet Service provider located in a different 'local callng area
than the callng part.
"Interoperabilty" means the ability of a Qwest ass Function to process seamlessly (Le., without
any manual intervention) business transactions with CLEC's ass application, and vice versa,
by means of secure exchange of transaction data models that use data fields and usage rules
that can be received and processed by the other Part to achieve the intended ass Function
and related response. (See also Electronic Bonding.)
"lntraLATA LEC Toll" means IntraLATA Toll traffic carried solely by a Local Exchange Carrier
and not by an IXC.
"lntraLATA Toll Traffc" describes IntraLATA Traffc outside the Local Callng Area.
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"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.
"local Calling Area" is a geographically defined area as established by the effective tariffs of
Owest as approved by the Commission.
"local Exchange Carriet' 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 (LIS) Entrance Facilty" is a DS1 or DS3 facilty that extends from
ClEC's Switch location or Point of Interconnection (POI) to the Owest Serving Wire Center. An
Entrance Facilty may not extend beyond the area served by the Owest Serving Wire Center.
"local Interconnection Service (LIS)" is the Owest product name for its provision of
Interconnection as described in Section 7 of this Agreement.
"local Number Portabilty" or "lNP" shall have the meaning set forth in Section 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 Owest 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").
Feb 1, 2011/cacliMacTelliDI Agreement Number CDS-110201-0001
Qwest Fourteen State Negotiations Template, July 15, 2010
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OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878
Section 4
Definitions
"Loop" or "Unbundled Loop" shall have the meaning set forth in Section 9.2.1.
"LoopConcentrator/Multiplexer" or "LCM" is the Network Element that does one or more of the
following:
aggregates lower bit rate or bandwidth signals 'to higher bit rate or bandwidth signals
(multiplexing);
disaggregates higher bit rate or bandwidth signals to lower bit rate or bandwidth signals
( demultiplexing);
aggregates a specified number of signals or channels to fewer channels (concentrating);
. performs signal conversion, including encoding of signals (e.g., analog to digital and
digital to analog signal conversion); or
in some instances performs electncal to optical (ElO) conversion.
LCM includes DLC, and D4 channel banks and may be located in Remote Terminals or
Central Offices.
"Main Distribution Frame" or "MDF" means a Owest distnbution frame (e.g., COSMICTM frame)
used to connect Owest cable pairs and line and trunk equipment terminals on a Owest switching
system.
"Maintenance and Repair" involves the exchange of information between Carriers where one
initiates a request for maintenance or repair of existing products and services or Unbundled
Netwrk Elements or combinations thereof from the other with attendant acknowledgments and
status reports in order to ensure proper operation and functionalit of f?cilties.
"Maintenance of Service charge" is a Miscellaneous Charge that relates to trouble isolation work
performed by Owest. Basic Maintenance of Service charges apply when the Owest technician
performs work dunng standard business hours. Overtime Maintenance of Service charges
apply when the Owest technician performs work on a business day, but outside standard
business hours, or on a Saturday. Premium Maintenance of Service charges apply when the
Owest technician performs work on either a Sunday or Owest recognized holiday.
"Master Street Address Guide" or "MSAG" is a database of street names and house number
ranges within their associated communities defining particular geographic areas and their
associated ESNs to enable proper routing of 911 calls.
"Meet Point" is a point of Interconnection between two (2) networks, designated by two (2)
Telecommunications Carriers, at which one Carner's responsibilty for service begins and the
other Carrier's responsibilty ends.
"Meet-Point Biling" or "MPB" or "Jointly Provided Switched Access" or "JPSA" refers to an
arrangement whereby two (2) or more Telecommunications Carriers including an ILEC, CLEC
or CMRS carrier receive traffc 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 ILEC,
CLEC or CMRS carrier receiving an appropriate share of the revenues from the IXC as defined
by their effective Switched Access Tariffs or, if applicable, CMRS contract.
Feb 1, 2011/cacJiMacTeIlID/ Agreement Number CDS-110201-0001
Owest Fourteen State Negotiations Template, July 15, 2010
17
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Section 4
Definitions
"Mid-Span Meet" means an Interconnection between two (2) networks, designated by two (2)
Telecommunications Carriers, whereby each provides its own cable and equipment up to the
Meet Point of the cable facilties.
"Mid-Span Meet POI" A Mid-Span Meet POI is a negotiated Point of Interface, limited to the
Interconnection of facilties between the Qwest Serving Wire Center location and the location of
the CLEC switch or other equipment located within the area served by the Qwest Serving Wire
Center.
"Miscellaneous Charges" mean charges that apply for miscellaneous services provided at
CLEC's request or based on CLEC's actions that result in miscellaneous services being
provided by Qwest, as described in this Agreement.
"Mobile Wireless Service" means all mobile wireless telecommunications services, including
commercial mobile radio service (CMRS). CMRS includes paging, air-ground radio, telephone
service and offshore radiotelephone services, as well as mobile telephony services, such as the
service offerings of carriers using cellular radiotelephone, broadband PCS and SMR licenses.
"Multiple Exchange Carrier Access Biling" or "MECAB" refers to the document prepared by the
Billing Committee 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 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 Carrer. 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, availabilty and implementation of 911 Service nationwide through
research, planning, training, certification, technical assistance and legislative representation.
"Near Real Time" means that Qwests OSS eleètronically receives a transaction 'from CLEC,
automatically processes that transaction, retums the response to that transaction to CLEC in an
automatic event driven manner (without manual intervention) via the interface for the OSS
function in question. Except for the time it takes to send and receive the transaction between
Qwests and CLEC's OSS application, the processing time for Qwests representatives should
be the same as the processing time for CLEC's representatives. Current benchmarks using
TCIF 98-006 averages between two (2) and four (4) seconds for the connection and an average
transaction transmittaL. The specific agreed metrics for Near Real Time transaction processing
wil be contained in the Performance Indicator Definitions (PIDs), where applicable.
Feb 1, 2011/cacJiMacTel/ID/ Agreement Number CDS-110201-0001
Owest Fourteen State Negotiations Template, July 15, 2010
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OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878
Section 4
Definitions
"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 facilty or equipment, including subscriber numbers, databases, signaling systems, and
information suffcient for Biling and collection or used in the transmission, routing, or other
provision of a Telecommunications Service.
"Network Installation and Maintenance Committee" or ftNIMCft is the ATIS/CLC sub-committee
responsible for developing business process rules for Maintenance and Repair or troubleadministration. '
"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 Provider" means the Party to which an End User Customer switches its local
Exchange Service or the Part to which an End User Customer is porting its telephone
number(s).
"911 Service" shall have the meaning set forth in Section 10.3.1.
"911/E911 Interconnection Trunk Groups" shall have the meaning set forth in Section 10.3.7.
"Non-Impaired Facilties" are those network elements identified in an applicable FCC order as
no longer available as unbundled network elements ("UNEs") under 47 U.S.C. § 251 (c)(3) as
reflected in this Agreement based on non-impairment or tier designations.
"Non-impaired Wire Center" means a Wire Center that meets the loop thresholds identified in 47
C.F.R. § 51.319(a)(4)(i) for DS1 Loops and 47 C.F.R. § 51.319(a)(5)(i) for DS3 Loops. Non-
impaired Wire Centers also include Tier 1 and Tier 2 Wire Centers as defined in 47 C.F.R. §
51.319(e)(3) and subject to the limitations of 47 C.F.R. § 51.319(e)(2)(ii)(A) for DS1 Dedicated
Transport and 47 C.F.R. § 51.319(e)(2)(ii)(A) for DS3 Dedicated Transport.
ftNorth 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 fift (50) states, the District of Columbia and the U.S.
territories in the North American Numbering Plan area.
"Numbering Plan Area" or "NPA" is also sometimes referred to as an area code. It is a unique
three-digit indicator that is defined by the "A," "B" and "C" digits of each 10-digit telephone
number within the NANP. Each NPA contains 800 possible NXX Codes. There are two (2)
general categories of NPA. "Geographic NPA" is associated with a defined geographic area
Feb 1, 2011/cacJiMacTel/ID/ Agreement Number CDS-110201-o001
Qwest Fourteen State Negotiations Template, July 15, 2010
19
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Section 4
Definitions
and all telephone numbers bearing such NPA are associated with services provided within that
geographic area. A "Non-Geographic NPA," also known as a "Service Access Code" (SAC
Code), is typically associated with a specialized Telecommunications Service which may be
provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are
examples of Non-Geographic NPAs.
"NXX," "NXX Code," "Central Office Code," or "CO Code" is the three- (3)-digit Switch entity
code which is defined by the "0," "E" and "F" digits of a ten- (10) digit telephone number within
the NANP.
"Operational Support Systems" or "OSS" shall have the meaning set forth in Section 12.
"Optional Testing" is testing conducted by Qwest, at the request of CLEC, that is in lieu of
testing CLEC should complete to isolate trouble to the Qwest network prior to submitting a
trouble ticket to Qwest.
"Ordering and Biling Forum" or "OBF" means the telecommunications industry forum, under the
auspices of the Carrier Liaison Committee of the Allance for Telecommunications Industry
Solutions, concerned with inter-company ordering and Biling.
"Originating Line Information Parameter" or "OLIP" is a CCS SS7 signaling parameter that
identifies the line class of service, Le., originating screening and routing translation.
"P;01 Transmission Grade of Service" means a circuit switched trunk facilty Provisioning
standard with the statistical probabilty of no more than one (1) call in one hundred (100)
blocked on initial attempt during the average busy hour.
"Packet Switch" is a router designed to read the destination address in an incoming cell or
packet, consult a routing table and route the packet toward its destination. Packetizing is done
in originating CPE and reassembly is done in terminating CPE. Multiple packet formats or
protocols exist (e.g., x.25, x.75, frame relay, ATM, and IP).
"Parity" means the . provision of non-discriminatory access to Interconnection, Resale,
Unbundled Network Eiements and other services provided under this Agreement to the extent
legally required on rates, terms and conditions that are non-discriminatory, just and reasonable.
Where Technically Feasible, the access provided by Qwest wil be provided in "substantially the
same time and manner" to that which Qwest provides to itself, its End User Customers, its
Affliates or to any other part.
"Party" means either Qwest or CLEC and "Parties" means Qwest and CLEC.
"Performance Indicator Definitions" or "PI Os" shall have the meaning set forth in Exhibit B.
"Person" is a general term meaning an individual or associatión, 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.
Feb 1, 2011/cacNiMacTeIlID/ Agreement Number CDS-110201-0001
Qwest Fourteen State Negotiations Template, July 15,2010
20
OocuSign Envelope 10: 62856801-CE6B-42A-855F-1DFF6E17A878
Section 4
Definitions
"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 Offce Switch but does not include Switch features. The Port serves as
the hardware termination for line or Trunk Side facilties connected to the Central Offce Switch.
Each Line Side Port is typically associated with one or more telephone numbers that serve as
the Customer's network address.
"POTS" means plain old telephone service.
"Power Spectral Density (PSD) Masks" are graphical templates that define the limits on signal
power densities across a range of frequencies to permit divergent technologies to coexist in
close proximity within the same Binder Groups.
"Premises" refers to Qwests Central Ofces and Servng Wire Centers; all buildings or similar
structures owned, leased, or otherwise controlled by Qwest that house its network facilties; all
structures that house Qwest facilties on public rights-of-way, including but not limited to vaults
containing Loop Concentrators or similar strctures; 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 Qwest' web site:
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.
"Provider" means a servce provider that offers services other than Telecommunications
Services and that provides Listings to Qwest for inclusion in the Directory Assistance Database.'
"Provider Subscriber" means a third part retail customer that subscribes to a service provided
by a Provider.
"Provisioning" involves the exchange of information between Telecommunications Carriers
wtiere one. executes a request for a set of products and servces or Unbundled Network
Feb 1, 2011/cacliMacTeIlID/ Agreement Number CDS-110201-0001
Qwest Fourteen State Negotiations Template, July 15, 2010
21
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Section 4
Definitions
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 Answenng Point" or "PSAP" is the public safety communications center where
911/E911 calls for a specific geographic area are answered.
"Public Switched Network" includes all Switches and transmission facilties, whether by wire or
radio, provided by any Common Carrier including LECs, IXCs and CMRS providers that use the
NANP in connection with the provision of switched services.
"Rate 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 traffc to/from the particular NPA-NXX designations with the specific Rate Center, and
2) the corresponding geographic area which is associated with one or more particular NPA-NXX
codes which have been assigned to a LEC for its provision of Telephone Exchange Service.
"Ready for Service" or "RFS" - A Collocation job is considered to be Ready for Service when
Owest has completed all operational work in accordance with CLEC Application and makes
functional space àvailable to CLEC. Such work includes, but is not necessanly limited to: 'DC
. power (fuses available, Battery Distribution Fuse Board (BDFB) is powered, and cables
between CLEC and power are terminated), cage enclosures, pnmary AC outlet, cable racking,
and circuit terminations (e.g., fiber jumpers are placed between the outside plant fiber
distnbution panel and the Central Office fiber distribution panel serving CLEC) and APOT/CFA
are complete, telephone service, and other services and facilties ordered by CLEC for
Provisioning by the RFS date.
"Records Issue Date" or "RID" means the date that all design and assignment information is
sent to the necessary service implementation groups.
"Remote Call Forwarding" or "RCF" means the INP method that redirects calls within the
telephone network. .If an End User Customer changes its local service provider from one Part
to the other Party, using RCF, the old service providets switch wil route the End User
Customer's calls to the new service provider by translating the dialed number into another
telephone number with an NXX corresponding to the new service providets switch. The new
service provider then completes the routing of the call to its new End User Customer.
"Remote Premises" means. all Owest Premises, other than Owest Wire Centers or adjacent to
Owest Wire Centers. Such Remote Premises include . controlled environmental vaults,
controlled environmental huts, cabinets, pedestals and other Remote Terminals.
"Remote Terminal" or "RT" means a cabinet, vault or similar structure at an intermediate point
between the End User Customer and Owests Central Ofice, where Loops are aggregated and
hauled to the Central Office or Serving Wire Center using LCM. A Remote Terminal may
contain active electronics such as digital loop carriers, fiber hubs, DSLAMs, etc.
Feb 1, 2011/cacJiMacTel/ID/ Agreement Number CDS-110201-0001
Qwest Fourten State Negotiations Template, July 15, 2010
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OocuSign Envelope 10: 62856801-CE6B-2A-855F-1DFF6E17A878
Secion 4
Definitions
"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 writen agreement for a specific End User
Customer's future use.
"Route" is a transmission path between one of Qwests Wire Centers or switches and another of
Qwests Wire Centers or Switches. A route between two (2) points (e.g., Wire Center or Switch
"A" and Wire Center or Switch "Z") may pass through one (1) or more intermediate Wire
Centers or Switches (e.g., Wire Center or Switch "X"). Transmission paths between identical
end points (e.g., Wire Center or Switch "A" and Wire Center or Switch "Z") are the same "route,"
irrespective of whether they pass through the same intermediate Wire Centers or Switches, if
any.
"Scheduled Issued, Date" or "SID" means the date the order is entered into Qwests order
distribution system.
"Selective Router" means the equipment necessary for Selective Routing.
"Selective Routing" is the automatic routing of 911/E911 calls to the PSAP that has jurisdictional
responsibilty for the service address of the caller, irrespective of telephone company exchange
or Wire Center boundaries. Selective Routing may also be used for other services.
.
"Service Date" or "SD" means the date servce is made available to the End User Customer.
This also is referred to as the "que Date."
"Service Provider Identification" or "SPID" is the number that identifies a service provider to the
relevant NPAC. The SPID may be a state-specific number.
"Serving Wire Center" denotes the Qwest building from which dial tone. for local Exchange
Service would normally be provided to a particular End User Customer premises.
"Signaling System 7" or "SST' 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.
Feb 1, 2011/cacliMacTel/ID/ Agreement Number CDS-110201-D001
Qwest Fourteen State Negotiations Template, July 15, 2010
23
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Section 4
Definitions
"Spectrum Compatibilty" 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 compatibilty is
defined on a per twisted pair basis for specific well-defined transmission systems. For the
purposes of issues regarding Spectrum Compatibility, service degradation means the failure to
meet the Bit Error Ratio (BER) and Signal-to-Noise Ratio (SNR) margin requirements defined
for the specific transmission system for all Loop lengths, model Loops, or loss values within the
requirements for the specific transmission system.
"Splitter" means a device used in conjunction with a OSLAM either to combine or separate the
high (OSL) and low (voice) frequency spectrums of the Loop in order to provide both voice and
data over a single Loop.
"Stand-Alone Test Environment" or "SATE" shall have the meaning set forth in Section
12.2.9.3.2.
"Subloop" shall have the meaning set forth in Section 9.3.1.1.
"Suspended Lines" means subscriber lines that have been temporarily disconnected.
"Switch" means a switching device employed by a Carrier within the Public Switched Network.
Switch includes but is not limited to End Offce Switches, Tandem Switches, Access Tandem
Switches, Remote Switching Modules, and Packet Switches. Switches may be employed as a
combination of End OfficelTandem Switches.
"Switched Access Service" means the offenng of transmission and switching services to
Interexchange Carriers for the purpose of the origination or termination of telephone toll service.
Switched Access Services include: Feature Group A, Feature Group B, Feature Group 0, axx
access, and 900 access and their successors or similar Switched Access Services.
"Switched Access Traffic" is traffic that originates at one of the Part's End User Customers and
terminates at an IXC Point of Presence, or onginates at an IXC. POint of Presence and
terminates at one of the Party's End User Customers, whether or not the traffc transits the other .
Party's network.
"Synchronous Optical Network" or "SONET" is a TOM-based (time division multiplexing)
standard for high-speed fiber optic transmission formulated by the Exchange Carriers Standards
Association (ECSA) for the American National Standards Institute ("ANSI").
"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 feasibilty does not include
consideration of economic, accounting, Biling, space, or site concerns, except that space and
site .concerns may be considered in circumstances where there is no possibilty of expanding
the space available. The fact that an incumbent LEC must modify its facilties or equipment to
respond to such request does not determine whether satisfying such request is Technically
Feb 1, 2011/cacliMacTeIlID/ Agreement Number CDS-110201-Q001
Qwest Fourteen State Negotiations Template, July 15, 2010 .
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OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878
Secton 4
Definitions
Feasible. An incumbent LEC that claims that it cannot satisfy such request because of adverse
network reliabilty impacts must prove to the Commission by clear and convincing evidence that
such Interconnection, access, or methods would result in specific and significant adverse
network reliabilty impacts.
"Telecommunications" means the transmission, between or among points specifed by the user,
of information of the user's choosing, without change in the form or content of the information as
sent and received.
"Telecommunications Carrier" means any provider of Telecommunications Services, except that
such term does not include aggregators of Telecommunications Services (as defined in Section
226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the
Act only to the extent that it is engaged in providing Telecommunications Services, except that
the Federal Communications' Commission shall determine whether the provision of fixed and
mobile satellte service shall be treated as common carriage.
"Telecommunications Equipment" means equipment, other than Customer Premises
Equipment, used by a Carrier to provide Telecommunications Services, and include softare
integral to such equipment, including upgrades.
"Telecommunications Services" means the offering of Telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available directly to the public,
regardless of the facilties used.
"Telephone Exchange Service" means a servce 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 facilties (or
combinations thereof) by which a subscriber can originate and terminate a Telecommunications
Service.
"TELRIC" means Total Element Long-Run Incremental Cost.
"Tier 1 Wire Centers" means those Qwest Wire Centers that contain at least four (4) Fiber-
based Collocators, at least thirty-eight thousand (38,000) Business Lines, or both. Tier 1 Wire
Centers also are those Qwest tandem switching locations that have no line-side switching
facilties, but nevertheless serve as a point of traffc aggregation accessible by CLEC. Once a
Wire Center is determined to be a Tier 1 Wire Center, that Wire Center is not subject to later
reclassification as a Tier 2 or Tier 3 Wire Center.
"Tier 2 Wire Centers" means those Qwest Wire Centers that are not Tier 1 Wire Centers, but
contain at least three (3) Fiber-based Collocators, at least twenty-four thousand (24,000)
Business Lines, Qr both. Once a Wire Center is determined tó be a Tier 2 Wire Center, that
Wire Center is not subject to later reclassification as a Tier 3 Wire Center.
"Tier 3 Wire Centers" means those Qwest Wire Centers that do not meet the criteria for Tier 1 or
Tier 2 Wire Centers.
Feb 1, 2011/cacJiMacTel/ID/ Agreement N~mber CDS-110201-u001
Qwest Fourteen State Negotiations Template, July 15, 2010
25
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"Toll Free Service" means service provided with any dialing sequence that invokes Toll Free,
Le., 800-like, service processing. Toll Free Service currently includes calls to the Toll Free
Service 800/888/877/866 NPA SAC codes.
"Transaction Set" is a term used by ANSI X12 and elsewhere that denotes a collection of data,
related field rules, format, structure, syntax, attributes, segments, elements, qualifiers, valid
values that are required to initiate and process a business function from one trading partner to
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.
"Transit Service" is any traffc 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).
"Trouble Isolation Charge" - see "Maintenance of Service."
"Trunk Sidé 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.
"UNE Combination" means a combination of two (2) or more Unbundled Network Elements that
were or were not previously combined or connected in Owests network, as required by the
FCC, the Commission or this Agreement.
"Virtual Collocation" shall have the meaning set forth in Sections 8.1.1.1 and 8.2.2.1.
"VNXX Traffc" is all traffc originated by a Part's End User Customer and dialed with a local
dialing pattern that is notterminated to the other Party's End User Customer physically located
within the same Owest Local Calling Area (as approved by the state Commission) as the
originating caller, regardless of the NPA-NXX dialed. VNXX does not include originating 8XX
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 Owest 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,
Owest or their respective contractors or agents intend to use in their original form in connection
with similar activities, are Waste. Waste shaH not include substances, materials or components
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Section 4
Definitions
iricorporated into structures (such as cable routes) even after such components or structures
are no longer in current use\
'Wire Center" means the location of a Qwest local switching facility containing one or more
Central Offces, as defined in the Appendix to Part 36, Chapter 1 of Title 47 of the Code of
Federal Regulations. Wire Center boundaries define the area in which all End User Customers
served by a given Wire Center are located.
'Wired and Ofce Tested Date" or "WOT" means the date by which all intraoffce wiring is
completed, all plug-ins optioned and aligned, frame continuity established, and the interoffce
facilties, if applicable, are tested. This includes the date that switching equipment, including
translation loading, is installed and tested.
"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 arid the rules
implementing the Act, shall have the meaning defined there. The definition of terms that are
included here and are also defined in the Act, or its implementing orders or rules, are intended
to include the definition as set forth in the Act and the rules implementing the Act.
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Section 5
Terms and Conditions
Section 5.0 - TERMS AND CONDITIONS
5.1 General Provisions
5.1.1 Intentionally Left Blank.
5.1.2 The Parties are each solely responsible for participation in and compliance with
national network plans, including the National Network Security Plan and the Emergency
Preparedness Plan.
5.1.3 Neither 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 Part's End User Customers. In addition, neither Part's provision of
or use of services shall interfere with the services related to or provided under this Agreement.
5.1.3.1 If such impairment is matenal and poses an immediate threat to the
safety of either Part's employees, Customers or the public or poses an immediate
threat of a service interruption, that Part shall provide immediate notice by email to the
other Part'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 Part's facilties as the cause of the impairment), 2) date and
location of the impairment, and 3) the proposed remedy for such impairment for any
affected service. Either 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 eventeither Part disputes any action that the other
Party seeks to take or has taken pursuant to this provision, that Part may pursue
immediate resolution by expedited or other Dispute Resolution.
5.1.3.2 If the impairment is service impacting but does not meet the parameters
set forth in Section 5.1.3.1, such as low level noise or other interference, the other Part
shall provide wntten notice within five (5) Days of such impairment to the other Part 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 Part may pursue immediate resolution by
expedited or other Dispute Resolution.
5.1.3.3 If either Part causes non-service impacting impairment the other Part
shall provide written notice within frfeen (15) Days of the impairment to the other Part
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 Part fails to take all appropriate steps to correct as
soon as reasonably possible, the other Part may pursue immediate resolution by
expedited or other Dispute Resolution.
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Section 5
Terms and Conditions
5.1.3.4 It is the responsibility of either Part to inform its End User Customers of
service impacting impairment that may result in discontinuance of service as soon as the
Part receives notice of same.
5.1.4 Each Part is solely responsible for the services it provides to its End User
Customers and to other Telecommunications Carriers. This provision is not intended to limit the
liabilty of either Part for its failure to perform under this Agreement.
5.1.5 The Parties shall work cooperatively to minimize fraud associated with third-
number biled calls, callng card calls, and any other services related to this Agreement.
5.1.6 Nothing in this Agreement shall prevent either Part from seeking to recover the
costs and expenses, if any, it may incur in (a) complying with and implementing its obligations
under this Agreement, the Act, and the rules, regulations and orders of the FCC and the
Commission, and (b) the development, modification, technical installation and maintenance of
any systems or other infrastructure which it requires to comply with and to continue complying
with its responsibilties and obligations under this Agreement. Notwithstanding the foregoing,
Qwest shall not assess any charges against CLEC for services, facilties, 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 ancilary services) and all new and additional
services or Unbundled Network Elements to be provided hereunder, shall be priced in
accordance with all applicable provisions of the Act and the rules and orders of the Federal
CommunicatiOns Commission and orders of the Commission.
5.2 Term of Agreement
5.2.1 This Agreement shall become effective on the date of Commission Approval
("Effective Date"); however the Parties may agree to implement the provisions of this Agreementupon execution. This Agreement shall be binding upon the Parties for a term of three (3) years.
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 iri accordance with this Section
5.2.2. Any Part may request negotiation of a successor agreement by written notice to the
other Party no earlier than one hundred sixt (160) Days prior to the expiration of the term, or
the Agreement shall renew on a month to month basis. The date of this notice wil be the
starting point for the negotiation window under Section 252 of the Act. This Agreement wil
terminate on the date a successor agreement is approved by the Commission. However,
nothing relieves CLEC from fulfillng the obligations incurred under the prior Agreement.
5.3 Proof of Authorization
5.3.1 Each Part shall be responsible for obtaining and maintaining Proof of
Authorization (POA) as required by applicable feceral and state law, as amended from time to
time.
5.3.2 The Parties shall make POAs available to each other upon request in the event
of an allegation of an unauthorized change in accordance with all Applicable Laws and rules
and shall be subject to any penalties contained therein.
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Section 5
Terms and Conditions
5.4 Payment
5.4.1 Amounts payable under this Agreement are due and payable within thirt (30)
Days after the date of invoice (Payment Due Date). If a Payment Due Date falls on a Sunday,
or on a holiday which is observed on a Monday, the payment date shall be the first non-holiday
day following such Sunday or holiday. If a Payment Due Date falls on a Saturday or on a
holiday which is observed on Tuesday, Wednesday, Thursday or Friday, the payment date shall
be the last non-holiday day preceding such Saturday or holiday. For invoices distributed
electronically, the date of invoice date is the same as if the invoice were biled on paper, not the
date the electronic delivery occurs. If either Part fails to make payment on or before the
Payment Due Date, the other Party may invoke all available rights and remedies.
5.4.2 One Party may discontinue processing orders for the failure of the other Part to
make full payment for the services, less any good faith disputed amount as provided for in
Section 5.4.4 of this Agreement, for the services provided under this Agreement within thirt
(30) Days following the payment due date provided the Billng Part has notified the other Partin writing at least ten (10) business days prior to discontinuing the processing of orders for
services. If the Billing Part does not refuse to accept additional orders for the services on the
date speCified in the ten (10) business days' notice, and the other Part's non-compliance
continues, nothing contained herein shall preclude the Biling Part's right to refuse to accept
additional orders for the services from the non-complying Part without further notice. Fòr order
processing to resume, the biled Part wil be required to make full payment of all charges for
the services not disputed in good faith under this Agreement. Additionally, the Billng Part may
require a dep9sit (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 Billing Part may disconnect services for failure by the billed Part 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 sixt (60) Days following the
payment due date. The billed Part wil pay the applicable reconnect charge set forth in Exhibit
A required to reconnect each service disconnected pursuant to this paragraph. The Biling Part
wil notify the biled Part at least ten (10) business days prior to disconnection of theservic~(s).
In case of such disconnection, all applicable undisputed charges, including termination charges,
shall become due. If the Billng Party does not disconnect the biled Part's service(s) on the
date specified in the ten (10) business days notice, and the biled Part's noncompliance
continues, nothing contained herein shall preclude the Biling Part'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 Biling Party will request a deposit (or
recalculate the deposit) as specified in Section 5.4.5 and 5.4.7 from the biled Part, pursuant to
this Section. If the biled Part is a new CLEC customer of Qwest, the application of this
provision wil be suspended for the initial three (3) Billng cycles of this Agreement and wil not
apply to amounts biled during those three (3) cycles. In addition to other remedies that may be
available at law or equity, each Part reserves the right to seek equitable relief, including
injunctive relief and specific 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
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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 Part disputes charges and does not pay such charges by the
payment due date, such charges may be subject to late payment charges. If the
disputed charges have been withheld and the dispute is resolved in favor of the Billng
Party, the withholding Part shall pay the disputed amount and applicable late payment
charges no later than the next Bil Date following the resolution. If the disputed charges
have been withheld and the dispute is resolved in favor of the disputing Party, the Billng
Part shall credit the bil of the disputing Part for the amount of the disputed charges
and any late payment charges that have been assessed no later than the second Bil .
Date after the resolution of the dispute. If a Part pays the disputed charges and the
dispute is resolved in favor of the Biling Part, no further action is required.
5.4.4.2 If a Part pays the disputed charges and the dispute is resolved in favor
of the Billing Part, no further action is required. If a Part pays the charges disputed at
the time of payment or at any time thereafter pursuant to Section 5.4.4.3, and the
dispute is resolved in favor of the disputing Part, the Billing Party wil adjust the Biling,
usually within two (2) Billing cycles, after the resolution of the dispute, as follows:
(1) The Billng Part wil credit the Biled Part's bil for the disputed amount and
any associated interest; or
(2) If the disputed amount is greater than the bil to be credited, pay the
remaining amount to the Biled Part.
(3) The interest calculated on the disputed amounts wil be the same rate as latepayment charges. In no event, however, wil any late payment charges be
assessed on any previously assessed late payent charges.
5.4.4.3 If the Biled Part fails to dispute a rate or charge within sixt (60) Days
following the invoice date on which the rate or charge appeared, adjustment 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 establlshed 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 dunng the last twelve (12) month penod. The deposit may
not exceed the estimated total monthly charges for a two (2) month period based upon recent
Biling. The deposit may be adjusted by CLEC's actual monthly average charges, payment
history under this Agreement, or other relevant factors, but in no event will the security deposit
exceed five milion dollars ($5,000,000.00). The deposit may be an irrevocable bank letter of
credit, a letter of credit with terms and conditions acceptable to Qwest, or some other form of
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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 will generally be one full
year of timely payments of undisputed amounts in full by CLEC. Upon a material change in
financial standing, including factors referenced in Section 5.4.5 above, CLEC may request and
the 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.
5.4.10 CLEC must not remit payment for the Services with funds obtained through the
American Recovery and Reinvestment Act (or ARRA) or other similar stimulus grants or loans
that would obligate Owest to provide certain information or perform certain functions unless
those functions and obligations are specifically agreed to by the parties in this Agreement or in
an amendment to this Agreement.
5.5 Taxes
5.5.1 Any federal, state,or local sales, use, excise, gross receipts, transaction or
similar taxes, fees or surcharges resulting from the performance of this Agreement shall be
borne by the Part upon which the obligation for payment is imposed under Applicable Law,
even if the obligation to collect and remit such taxes is placed upon the other Part. However,
where the sellng Part is permitted by law to collect such taxes, fees or surcharges, from the
purchasing Party, such taxes, fees or surcharges shall be borne by the Part purchasing the
services. Each Party is responsible for any tax on its borporate existence, status or income.
Whenever possible, these amounts shall be biled as a separate item on the invoice. To the
exterit a sale is claimed to be for resale tax exemption, the purchasing Part shall furnish the
providing Part a proper resale tax exemption certificate as autt;orized or required by statute or
regulation by the jurisdiction providing said resale tax exemptiOn. Until such time as a resale tax
exemption certificate is provided, no exemptions wil be applied. If either Part (the Contesting
Part) contests the application of any tax collected by the other Part (the Collecting Party), the
Collecting Party shall reasonably cooperate in good faith with the Contesting Part's challenge,
provided that the Contesting Part pays any costs incurred by the Collecting Part. The
Contesting Part is entitled to the benefit of any refund or recovery resulting from the contest,
provided that the Contesting Part is liable for and has paid the tax contested.
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Terms and Conditions
5.6 Insurance
5.6.1 Each Part shall at all times during the term of this Agreement, at its own cost
and expense, carry and maintain the insurance coverage listed below with insurers having a
"Best's" rating of A-VII with respect to liabilty arising from that Party's operations for which that
Part has assumed legal responsibilty in this Agreement. If either Part or its parent company
has assets equal to or exceeding ten billon dollars ($10,000,000,000), that Part may utilze an
Affliate captive insurance company in lieu of a "Best's" rated insurer. To the extent that the
parent company of a Part is relied upon to meet the 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 Part fails to meet such obligations.
5.6.1.1 Workers' Compensation with statutory limits as required in the state of
operation and Employers' Liabilty insurance with limits of not less than one hundred
thousand dollars ($100,000) each accident.
5.6.1.2 Commercial General Liabilty insurance covering claims for bodily injury,
death, personal injury or propert damage occurring or arising out of the use or
occupancy of the premises, including coverage for independent contractots protection
(required if any work wil be subcontracted), premises-operations, products and/orcompleted operations and contractual liabilit with respect to the liabilty assumed by
each Part hereunder. The limits of insurance shall not be less than one milion dollars
($1,000,000) each occurrence and two milion dollars ($2,000,000) general aggregatelimit. .
5.6.1.3 Business automobile liabilty insurance covering the ownership, operation
and maintenance of all owned, non-owned and hired motor vehicles with limits of not
less than one milion dollars ($1,000,000) per occurrence for bodily injury and propert
damage.
5.6.1.4 Umbrella/Excess Liabilty insurance in an amount of ten millon dollars
($10,000,000) excess of Commercial General Liabilty insurance specifed above. These
limits may be obtained through any combination of primary and excess or umbrella
liabilty insurance so long as the total limit is eleven milion dollars ($11,000,000).
5.6.1.5 "All Risk" Propert coverage on a full replacement cost basis insuring all
of CLEC personal propert situated on or within the Premises or Remote Premises.
5.6.2 Each Party wil initially provide certificate(s) of insurance evidencing coverage,
and thereafter wil provide such certificate(s) upon request. Such certificates shall (1) name the
other Part as an additional insured under commercial general liabilty coverage; (2) provide
thirt (30) Days prior written notice of cancellation of the policy(s) to which certificate(s) relate;
(3) indicate that coverage is primary and not excess of, or contributory with, any other valid and
collectible insurance purchased by the other Part; and (4) acknowledge severabilty of
interest/cross liabilty 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 miltary authority, government regulations,
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Section 5
Terms and Conditions
embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear
accidents, floods, work stoppages, power blackouts, volcanic action, other major environmental
disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event).
Inabilty 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 Part's control and
without that Part's fault or negligence. The Part affected by a Force Majeure Event shall give
prompt notice to the other Part, shall be excused from performance of its obligations hereunder
on a day to day basis to the extent those obligations are prevented by the Force Majeure Event,
and shall use reasonable efforts to remove or mitigate the Force Majeure Event. In the event of
a labor dispute or strike the Parties agree to provide service to each other at a level equivalent
to the level they provide themselves.
5.8 Limitation of Liabilty
5.8.1 Each Part's liabilty to the other Part for any loss relating to or arising out of any
act or omission in its performance under this Agreement, whether in contract, warranty, strict
liabilty, or tort, including (without limitation) negligence of any kind, shall be limited to the total
amount that is or would have been charged to the other Party by suph breaching Part for the
service(s) or function(s) not performed or improperly performed. Each Part's liability to the
other Part for any other losses shall be limited to the total amounts charged to CLEC under this
Agreement during the contract year in which the cause accrues or arises. Payments pursuant
to the QPAP shall not be counted against the limit provided for in this Section.
5.8.2 Neither Part shall be liable to the other for indirect, incidental, consequential, or
special damages, including (without limitation) damages for lost profits, lost revenues, lost
savings suffered by the other Party regardless of the form of action, whether in contract,
warranty, strict liabilty, tort, including (without limitation) negligence of any kind and regardless
of whether the Parties know the possibilty that such damages could result. If the Parties enter
into a Performance. Assurance Plan under this Agreement, nothing in this Section 5.8.2 shall
limit amounts due and owing under any Performance Assurance Plan.
5.8.3 Intentionally Left Blank.
5.8.4 Nothing contained in this Section shall limit either Part's liabilty to the other for
(i) wilful or intentional misconduct or (ii) damage to tangible real or personal propert
proximately caused solely by such Part's negligent act or omission or that of their respective
agents, subcontractors, or employees.
5.8.5 Nothing contained ili this Section 5.8 shall limit either Part's obligations of
indemnification specified in this Agreement, nor shall this Section 5.8 limit a Part's liabilty for
failng to make any payment due under this Agreement.
5.8.6 Intentionally Left Blank.
5.9 Indemnity
5.9.1 The Parties agree that unless otherwise specifically set forth in this Agreement
the following constitute the sole indemnification obligations petween and among the Parties:
5.9.1.1 Each of the Parties agrees to release, indemnify, defend and hold
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Terms and Conditions
harmless the other Part and each of its offcers, directors, employees and agents (each
an Indemnitee) from and against and in respect of any loss, debt, liabilty, damage,
obligation, claim, demand, judgment or settlement of any nature or kind, known or
unknown, liquidated or unliquidated including, but not limited to, reasonable costs and
expenses (including attorneys' fees), whether suffered, made, instituted, or asserted by
any Person or entity, for invasion of privacy, bodily injury or death of any Person or
Persons, or for loss, damage to, or destruction of tangible property, whether or not
owned by others, resulting from the Indemnifying Part's breach of or failure to perform
under this Agreement, regardless of the form of action, whether in contract, warranty,
strict liabilty, 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 Part, the Part whose End User Customer alleged or incurred such
claims or loss (the Indemnifying Party) shall defend and indemnify the other Part and
each of its offcers, directors, employees and agents (collectively the Indemnified Part)
against any and all such claims or loss by the Indemnifying Part's End User Customers
regardless of whether the underlying service was provided or Unbundled Network
Element was provisioned by the Indemnified Part, unless the loss was caused by the
wilful misconduct of the Indemnified Part.. The obligation to indemnif 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 propert, whether or not owned by others, alleged to have
resulted directly from the negligence or intentional conduct of the employees,
contractors, agents, or other representatives of the Indemnified Part.
,
5.9.1.3 Intentionally Left Blank.
5.9.1.4 Intentionally Left Blank.
5.9.2 The indemnification provided herein shall be conditioned upon:
5.9.2.1 The Indemnified Part shall promptly notify the Indemnifying Party of any
action taken against the Indemnified Part relating to the indemnification. Failure to so
notify the Indemnifying Part shall not relieve the Indemnifying Part of any liabilty that
the Indemnifying Part might have, except to the extent that such failure prejudices the
Indemnifying Parts abilty to defend such claim.
5.9.2.2 If the Indemnifying Part wishes to defend against such action, it shall
give written notice to the Indemnified Part of acceptance of the defense of such action.
In such event, the Indemnifying Part shall have sole authority to defend any such
action, including the selection of legal counsel, and the Indemnified Part may engage
separate legal counsel only at its sole cost and expense. In the event that the
Indemnifying Part does not accept the defense of theaction, the Indemnified Party shall
have the right to employ counsel for such defense at the expense of the Indemnifing
Party. Each Part agrees to cooperate with the other Part in the defense of any such
action and the relevant records of each Part shall be available to the other Party with
respect to any such defense.
5.9.2.3 In no event shall the Indemnifying Part settle or consent to any judgment
pertaini~gto any such action without the prior written consent of the Indemnified Part.
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In the event the Indemnified Part withholds consent, the Indemnified Part may, at its
cost, take over such defense, provided that, in such event, the Indemnifying Part shall
not be responsible for, nor shall it be obligated to indemnify the relevant Indemnified
Part against, any cost or liabilty in excess of such refused compromise or settlement.
5.10 Intellectual Propert
5.10.1 Except for a license to use any facilties or equipment (including softare) solely
for the purposes of this Agreement or to receive any service solely (a) as provided in this
Agreement or (b) as specifically required by the then-applicable federal and state rules and
regulations relating to Interconnection and access to Telecommunications facilties and
services, nothing contained within this Agreement shall be construed as the grant of a license,
either express or implied, with respect to any patent, copyright, trade name, trade mark, service
mark, trade secret, or other proprietary interest or intellectual propert, now or hereafter owned,
controlled or licensable by either Part. Nothing in this Agreement shall be construed as the
grant to the other Party of any rights or licenses to trade or service marks.
5.10.2 Subject to Section 5.9.2, each Part (the Indemnifying Part) shall indemnify and
hold the other Part (the Indemnified Part) harmless from and against any loss, cost, expense
or liabilty arising out of a claim that the use of facilties of the Indemnifying Party or services
provided by the Indemnifying Part provided or used pursuant to the terms of this Agreement .
misappropriates or otherwise violates the intellectual propert rights of any third part. 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) arìy combination
of the facilties or services of the Indemnifying Part with facilities or services of any other
Person (including the Indemnified Part but excluding the Indemnifying Part and any of its
Affliates), which combination is not made by or at the direction of the Indemnifing Part or (b)
any modification made to the facilities or services of the Indemnifing Party by, on behalf of or at
the request of the Indemnified Part and not required by the Indemnifying Part. In the event of
any claim, the Indemnifying Part may, at its sole option (a) obtain the right for the Indemnified
Part to continue to use the facilty or service; or (b) replace or modify the facilty or service to
make such facility or service non-infringing. If the Indemnifying Part is not reasonably able to
obtain the right for continued use or to replace or modify the facilty or service as provided in the
preceding sentence and either (a) the facilty or service is held to be infringing by a court of
competent jurisdiction or (b) the Indemnifying Part reasonably believes that the facilty or
service wil be held to infringe, the Indemnifying Part shall notify the Indemnified Part and the
Parties shall negotiate in good faith regarding reasonable modifications to this Agreement
necessàry to (1) mitigate damage or comply with an injunction which may result from such
infringement or (2) allow cessation of furter infringement. The Indemnifying Part may request
that the Indemnified Part take steps to mitigate damages resulting from the infringement or
alleged infringement including, but not limited to, accepting modifications to the facilties or
services, and such request shall not be unreasonably denied.
5.10.3 To the extent required under applicable federal' and state law, Qwest shall use its
best efforts to obtain, from its vendors who have licensed intellectual property rights to Qwest in
connection with facilities and services provided hereunder, licenses under such intellectual
propert rights as necessary for CLEC to use such facilties and services as contemplated
hereunder and at least in the same manner used by Qwest for the facilties and services
provided hereunder. Qwest 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.
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5.10.3.1 Qwest covenants that it wil not enter into any licensing agreements with
respect to any Qwest facilities, equipment or services, including softare, that contain
provisions that would disqualify CLEC from using or interconnecting with such facilties,
equipment or services, including softare, pursuant to the terms of this Agreement.
Qwest warrants and further covenants that it has not and wil not knowingly modify any
existing license agreements for any network facilties, equipment or services, including
softare, in whole or in part for the purpose of disqualifing CLEC from using or
interconnecting with such facilties, equipment or services, including softare, pursuant
to the terms of this Agreement. To the extent that providers of facilties, equipment,
services or softare in Qwests network provide Qwest with indemnities covering
intellectual propert liabilties and those indemnities allow a flow-through of protection to
third parties, Qwest 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 Part. Neither Part
may use any patent,. copyright, logo, trademark, trade name, trade secret or other intellectual
propert rights of the other Part or its Affliates without execution of a separate agreement
between the Parties.
5.10.5 Neither Part shall without the express written permission of the other Part,
state or imply that: 1) it is connected, or in any way affilated with the other or its Affliates; 2) it
is part of a joint business association or any similar arrangement with the other or its Affliates;
3) the other Party and its Affliates are in any way sponsoring, endorsing or certifying it and its
goods and services; or 4) with respect to its marketing, advertising or promotional activities or
materials, the resold goods and services are in any way associated with or originated from the
other or any of its Affliates. Nothing in this paragraph shall prevent either Part from truthfully
describing the Network Elements it uses to provide service to its End User Customers, provided
it does not represent the Network Elements as originating from the other Party or its Affliates in
any marketing, advertising or promotional activities or materials.
5.10.6 For purposes of resale only and notwithstanding the above, unless otherwise
prohibited by Qwest pursuant to an applicable provision herein, CLEC may use the phrase
"CLEC is a Reseller of Qwest Services" (the Authorized Phrase) in CLEC's printed materials
provided:
5.10.6.1 The Authorized Phrase is not used in connection with any goods or
services other than Qwest services resold by CLEC.
5.10.6.2 CLEC's use of the Authorized Phrase does not cause End User
Customers to believe that CLEC is Qwest.
5.10.6.3 The Authorized Phrase, when displayed, áppears only in text form (CLEC
may not use the Qwest logo) with all letters being the same font and point size. The
point size of the Authorized Phrase shall be no greater than one fourth the point size of
the smallest use of CLEC's name and in no event shall exceed 8 point size.
5.10.6.4 CLEC shall provide all printed materials using the Authorized Phrase to
Qwest for its prior written approvaL.
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5.10.6.5 If Qwest determines that CLEC's use of the Authorized Phrase causes
End User Customer confusion, Qwest may immediately terminate CLEC's right to use
the Authorized Phrase.
5.10.6.6 Upon termination of CLEC's right to use the Authorized Phrase or
termination of this Agreement, all permission or right to use the Authorized Phrase shall
immediately cease to exist and CLEC, shall immediately cease any and all such use of
the Authorized Phrase. CLEC shall either promptly return to Qwest or destroy all
materials in its possession or control displaying the Authorized Phrase.
5.10.7 Qwest 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 Part will infringe the Marks of the other.
5.10.8 Upon request, for all intellectual propert owned or controlled by a third part and
licensed to Qwest associated with the Unbundled Network Elements provided by Qwest under
this Agreement, either on the Effective Date or at any time during the term of the Agreement,
Qwest shall within ten (10) business days, unless there are extraordinary circumstances in
which case Qwest wil negotiate an agreed upon date, then disclose to CLEC in writing (i) the
name of the Party owning, controllng or licensing such intellectual propert, (ii) the facilties or
equipment associated with such intellectual propert, (iii) the nature of the intellectual propert,
and (iv) the relevant agreements or licenses governing Qwests use of the intellectual property.
Except to the extent Qwest 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, Qwest shall provide copies of any relevant agreements or licenses
governing Qwests use of the intellectual propert to CLEC. To the extent Qwest is prohibited
by confidentiality or other provisions of an agreement or license from disclosing to CLEC any
relevant agreement or license, Qwest 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 ferms and conditions equivalent to those governing access by and
disclosure to Qwest.
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, AN~JWARRANTY,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF M~'HANTABILITY
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 Part may assign or transfer (whether by operation of law or otherwise)
this Agreement (or any rights or obligations hereunder) to a third part without the prior writen
consent of the other Part. Notwithstanding the foregoing, either Party may assign or transfer
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this Agreement to a corporate Affilate or an entity under its common control; without the
consent of the other Party, provided that the performance of this Agreement by any such
assignee is guaranteed by the assignor. Any attempted assignment or transfer that is not
permitted is void ab initio. Without limiting the generality of the foregoing, this Agreement shall
be binding upon and shall inure to the benefi of the Parties' respective successors and assigns.
5.12.2 In the event that Qwest transfers to any unaffliated part exchanges including
End User Customers that CLEC serves in whole or in part through facilties or services provided
by Qwest under this Agreement, the transferee shall be deemed a successor to Qwests
responsibilties hereunder for a period of ninety (90) Days from notice to CLEC of such transfer
or until such later time as the Commission may direct pursuant to the Commission's then
applicable statutory authority to impose such responsibilties either as a condition of the transfer
or under such other state statutory authority as may give it such power. In the event of such a
proposed transfer, Qwest shall use its best efforts to faciltate discussions between CLEC and
the transferee with respect to transferee's assumption of Qwests obligations pursuant to the
terms of this Agreement.
5.12.3 Nothing in this section is intended to restrict CLEC's rights to opt into
interconnection agreements under Section 252(i) of the Act and 47 C.F.R. § 51.809.
5.13 Default
5.13.1 If either Part defaults in the payment of any amount due hereunder, or if either
Part violates any other material provision of this Agreement, and such default or violation shall
continue for thirt (30) Days after written notice thereof, the other Part may seek relief in
accordance with the Dispute Resolution provision of this Agreement. The failure of either Part
to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not
be construed as a general waiver or relinquishment on its part of any such provision, but the
same shall, nevertheless, be and remain in full force and effect.
5.14 Disclaimer of Agency
5.14.1 Except for provisions herein expressly authorizing a Party to act for another,
nothing in this Agreement shall constitute a Part as a legal representative or agent of the other
Part, nor shall a Part have the right or authority to assume, create or incur any liability or any
obligation of any kind, express or implied, against or in the name or on behalf of the other Part
unless otherwise expressly permitted by such other Part. Except as otherwise expressly
provided in this Agreement, no Part undertakes to perform any obligation of the other Part
whether regulatory or contractual, or to assume any responsibilty for the management of the
other Parts 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
wil negotiate in good faith for replacement language as set forth herein. If any part of this
Agreement is held to be invalid or unenforceable for any reason, such invalidity or
unenforceabilty 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.
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5.16 Nondisclosure
5.16.1 All information, including but not limited to specifications, microfilm, photocopies,
magnetic disks, magnetic tapes, drawings, sketches, models, samples, tools, technical
information, data, employee records, maps, financial reports, and market data, (i) furnished by
one Part to the other Part dealing with business or marketing plans, End User Customer
specifc, facilty specific, or usage specific information, other than End User Customer
information communicated for the purpose of providing Directory Assistance or publication of
directory database, or (ii) in written, graphic, electromagnetic, or other tangible form and marked
at the time of delivery as "Confidential" or "Proprietary", or (ii) communicated and declared to
the receiving Part 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"), shan remain the propert of the disclosing Part. A Part who
receives Proprietary Information. via an oral communication may request written confirmation
that the material is Proprietary Information. A Part who delivers Proprietary Information via an
oral communication may request written confirmation that the Part receiving the information
understands that the material is Proprietary Information. Each Part 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 Part shall
from that time forward, treat such information as Proprietary Information. To the extent
permitted by Applicable Law, either Party may disclose to the other proprietary or confidential
customer, technical or business information.
5.16.2 Upon request by the disclosing Part, the receiving Party shall return all tangible
copies of Proprietary Information, whether written, graphic or otherwise, except that the
receiving Part may retain one copy for archival purposes.
5.16.3 Each Part shall keep all of the other Part's Proprietary Information confidential
and will disclose it on a need to know basis only. Each Part shall use the other Part's
Proprietary Information only in connection with this Agreement and in accordance with
Applicable Law, including but not limited to, 47 U.S.C. § 222. In accrdance with Section 222 of
the Act, when either Part receives or obtains Proprietary Information from the other Part for
purposes of providing any Telecommunications Services, that Part shall use such information
only for such purpose, and shall not use such information for its own marketing efforts. Neither
Part shall use the other Party's Proprietary Information for any other purpose except upon such
terms and conditions as may be agreed upon between the Parties in writing. Violations of these
obligations shall subject a Part's employees to disciplinary action up to and including
termination of employment. If either Pàrt loses, or makes an unauthorized disclosure of, the
other Part's Proprietary Information, it wil notify such other Part immediately and use
reasonable efforts to retrieve the information.
5.16.4 Unless otherwise agreed, the obligations of confidentiality and non-use set forth
in this Agreement do not apply to such Proprietary Information as:
a) was at the time of receipt already known to the receiving Party free of any
obligation to keep it confidential evidenced by written records prepared prior to delivery
by the disclosing Part; or
b) is or becomes publicly known through no wrongful act of the receiving Part; or
c) is rightfully received from a third Person having no direct or indirect secrecy or
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confidentiality obligation to the disclosing Part with respect to such information; or
d) is independently developed by an employee, agent, or contractor of the
receiving Part which individual is not involved in any manner with the provision of
services pursuant to the Agreement and does not have any direct or indirect access to
the Proprietary Information; or
e) is disclosed to a third Person by the disclosing Part without similar restrictions
on such third Person's rights; or
f) is approved for release by written authorization of the disclosing Part; or
g) is required to be disclosed by the receiving Part pursuant to Applicable Law or
regulation provided that the receiving Party shall give suffcient notice of the requirement
to the disclosing Party to enable the disclosing Part to seek protective orders.
5.16.5 Nothing herein is intended to' prohibit a Part from supplying factual information
about its network and Telecommunications Services on or connected to its network to regulatory
agencies including the Federal Communications Commission and the Commission so long as
any confidential obligation is protected. In addition either Part shall have the right to disclose
Proprietary Information to any mediator, arbitrator, state or federal regulatory body, the
Department of Justice or any court in the conduct of any proceeding arising under or relating in
any way to this Agreement or the conduct of either Part in connection with this Agreement, '
including without limitation the approval of this Agreement, or in any proceedings concerning the
provision of InterLA TA services by Qwest that are or may be required by the Act. The Parties
agree to cooperate with each other in order to seek appropnate protection or treatment of such
Proprietary Information pursuant to an appropnate protective order in any such proceeding.
5.16.6 Effective Date of this Section. Notwithstanding any other provision of this
Agreement, the Propnetary Information provisions of this Agreement shall apply to all
information furnished by either Part to the other in furtherance of the purpose of this
Agreement, even if furnished before the Effective Date.
5.16.7 Each Party agrees that the disclosing Party could be irreparably injured by a
breach of the confidentiality obligations of this Agreement by the receiving Part or its
representatives and that the disclosing Part shall be entitled to seek equitable relief, including
injunctive relief and specific performance in the event of any breach of the confidentiality
provisions of this Agreement. Such remedies shall not be deemed to be the exclusive remedies
for a breach of the confidentiality provisions of this Agreement, but shall be in addition to all
other remedies available at law or in equity.
5.16.8 Nothing herein should be construed as limiting either Part's rights with respect
to its own Proprietary Information or its obligations with respect to the other Part's Proprietary
Information under Section 222 of the Act. "
5.16.9 Forecasts provided by either Part to the other Part shall be deemed
Confidential Information and the Parties may not distribute, disclose or reveal, in any form, this
matenal 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
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connection with their representation of awest in any dispute regarding the qualit or
timeliness of the forecast as it relates to any reason for which ClEC provided it to awest
under this Agreement, as well as to ClEC's wholesale account managers, wholesale LIS
and Collocation product managers, network and growth planning personnel responsible
for preparing or responding to such forecasts or forecasting information. In no case shall
retail marketing, sales or strategic planning have access to this forecasting information.
The Parties wil inform all of the aforementioned personnel with access to such
Confidential Information, of its confidential nature and will require personnel to execute a
nondisclosure agreement which states that, upon threat of termination, the
aforementioned personnel may not reveal or discuss such information with those not
authorized to receive it except as specifically authorized by law. Violations of these
requirements shall subject the personnel to disciplinary action up to and including
termination of employment.
5.16.9.1.1 Upon the specific order of the Commission, awest may provide
the forecast information that ClEC has made available to awest under this
Agreement, provided that awest 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 awest
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 liabilties or obligations of a Party for acts or omissions prior to the
termination of this Agreement, and any obligation of a Party under the provisions regarding.
indemnification, Confidential or Proprietary Information, limitations of liabilty, and any other
prQvisions 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 Part may give written
notice to the other Part of any dispute nôt resolved in the normal course of business. Each
Part wil within seven (7) Days after delivery of the written notice of dispute, designate a vice-
president level employee or a representative with authority to make commitments to review,
meet, and negotiate, in good faith, to resolve the dispute. The Parties intend that these
negotiations be conducted by non-lawyer, business representatives, and the locations, format,
frequency, duration, and conclusions of these discussions wil be at the discretion of the
representatives. By mutual agreement, the representatives may use other procedures to assist
in these negotiations. The discussions and correspondence among the representatives for the
purposes of these negotiations wil be treated as Confidential Information (Confidential
Information) developed for purposes of settlement, and wil be exempt from discovery and
production, and not be admissible in any subsequent proceedings without the concurrence of
both Parties.
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5.18.2 If the designated representatives have not reached a resolution of the dispute
within fifteen (15) Days after the written notice (or such longer period as agreed to in writing by
the Parties), then either Part may commence an action which wil be brought before the
Commission or the FCC. If the claims are not within the jurisdiction or the scope of the statutory
authority of the Commission or the FCC, or if the Part commencing the action seeks a
judgment for money damages, including, but not limited to, payment of amounts billed, 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 if not, in the Denver District Court for the State of
Colorado. The Parties agree that such courts have personal jurisdiction over them.
~.18.3 Waiver of Jury Trial and Class Action. Each Part, to the extent permitted by
law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to
pursue any claim or action arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
5.18.4 No cause of action, including disputes raised pursuant to Section 5.4.4,
regardless of the form, arising out of or relating to this Agreement, may be brought by either
Part more than two (2) years after the cause of action arises.
5.19 Controllng Law
5.19.1 This Agreement is offered by Qwest and accpted by CLEC in accordance with
applicable federal law and the state law of Idaho. It shall be interpreted solely in accordance
with applicable federal law and the state law of Idaho.
5.20' Responsibilty for Environmental Contamination
5.20.1 Neither Part shall be liable to the other for any costs whatsoever resulting from
the presence or release of any Environmental Hazard that either Part 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,
liabilties, fines, penalties and expenses (including reasonable attorneys' fees) that arise out of
or result from (i) any Environmental "Hazard that the Indemnifying Part, its contractors or agents
introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for
which the Indemnifying Part is responsible under Applicable Law.
5.20.2 In the event any suspect materials within Qwest-owned, operated or leased
facilties are identified to be asbestos containing, CLEC will ensure that to the extent any
activities which it undertakes in the facilty 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 responsibilty for managing, nor is it the owner of, nor does it have any
liabilty for, or in connection with, any asbestos-containing materiaL. Qwest agrees to
immediately notify CLEC if Qwest undertkes any asbestos control or asbestos abatement
activities that potentially could affect CLEC personnel, equipment or operations, including, but
not limited to, contamination of equipment.
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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 Interconnection Agreements
1801 California Street, Room 2400
Denver, CO 80202
Email: intagreelâgwest.com
Phone: [phone]
Fax: [phone]
With copy to Qwest at the address shown below:
Qwest Law Department
Associate General Counsel, Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Email: Legal.lnterconnection~qwest.com
Phone: [phone]
and with a copy to CLEC at the address shown below:
Dave Askeland
Chief Operating Officer
WiMacTel, Inc.
1882 Porter Lake Dr., Suite 101
Sarasota, FL 34240
dave.askeland~quortechequities.com
Phone: [phone]
Fax: [phone]
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 Part 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
Part 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.
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Subject to the limitations on liabilty and except as otherwise provided in this Agreement, each
Party shall be responsible for (i) its own acts and performance of all obligations imposed by
Applicable Law in connection with its activities, legal status and propert, real or personal, and
(ii) the acts of its own Affilates, employees, agents and contractors during the performance of
that Part's obligations hereunder.
5.23 No Third Part 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 Part to this Agreement with
any remedy, claim, liabilty, reimbursement, claim of action, or other right in excess of those
existing by reference in this Agreement.
5.24 Intentionally Left Blank
5.25 Publicity
5.25.1 Neither Part shall publish or use any publicity materials with respect to the
execution and delivery or existence of this Agreement without the prior written approval of the
other Part. Nothing in this section shall limit a Party's abilty to issue public statements with
respect to regulatory or judicial proceedings.
5.26 Executed in Counterparts
5.26.1 This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original; but such counterparts shall together constitute one and the same
instrument.
5.27 Compliance
5.27.1 Each Part shall comply with all applicable federal, state, and local laws, rules
and regulations applicable to its 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, facilties or services
provided to the other Part under this Agreement comply with the CALEA. Each Party shall
indemnify and hold the other Part harmless from any and all penalties imposed upon the other
Party for such noncompliance and shall at the non-compliant Part's sole cost and expense,
modify or replace any equipment, facilities or services provided to the other Part under this
Agreement to ensure that such equipment, facilties and servces 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 servces. Accordingly, the Parties agree to work jointly and
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Section 5
Terms and Conditions
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 Part may request an amendment to this Agreement at any time by
providing to the other Part in writing information about the desired amendment and proposed
language changes. If the Parties have not reached agreement on the requested amendment
within sixt (60) Days after receipt of the request, either Part may pursue resolution of the
amendment through the Dispute Resolution provisions of this Agreement.
5.30.2 Intentionally Left Blank.
5.30.3 The provisions of this Agreement, including the provisions of this sentence, may
not be amended, modifed or supplemented, and waivers or consents to departures from the
provisions of this Agreement may not be given without the written consent thereto by both
Parties' authorized representative. No waiver by any part of any default, misrepresentation, or
breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend
to any prior or subsequent default, misrepresentation, or breach of warranty or covenant
hereunder or affect in any way any rights arising by virtue of any prior or subsequent such
occurrence.
5.31 Entire Agreement
This Agreement (including the documents referred to herein and any amendments to the
Agreement) constitutes the full and entire understanding and agreement between the Parties
with regard to the subjects of this Agreement and supersedes any prior understandings,
agreements, or representations by or between the Parties, written or oral, to the extent they
relate in any way to the subjects of this Agreement.
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Section 6.0 - RESALE
6.1 Description
6.1.1 Qwest shall offer for resale at wholesale rates any Telecommunications Services
that it provides at retail to subscribers who are not Telecommunications Carriers, subject to the
terms and conditions of this Section. All Qwest retail Telecommunications Services are
available for resale from Qwest pursuant to the Act and wil include terms and conditions
(except prices) in Qwests applicable product Tariffs, catalogs, price lists, or other retail
Telecommunications Services offerings. To the extent, however, that a 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
Qwest services to CLEC for resale by CLEC, the Parties also acknowledge that CLEC is
required to provide its Telecommunications Services to Qwest for resale by Qwest. Upon
request by Qwest, CLEC shall make its Telecommunicàtions Services available to Qwest for
resale pursuant to the applicable provisions of the Telecommunications Act of 1996, the FCC's
relevant orders and rules, and the Commission's relevant orders and rules.
6.1.3 Certain Qwest services are not available for resale under this Agreement, as
noted in Section 6.2. The applicable discounts for services available for resale are identified in
Exhibit A.
6.2 Terms and Conditions
6.2.1 Qwest shall offer introductory training on procedures that CLEC must use to
access Qwest's ass at no cost to CLEC. If CLEC asks Qwest personnel to travel to CLEC's
location to deliver training, CLEC wil pay Qwests reasonable travel related expenses. Qwest
may also offer to CLEC other training at reasonable costs.
6.2.2 . Services available for resale under this Agreement may be resold only to the
same class of End User Customers to which Qwest sells such services where such restrictions
have been ordered or approved by the Commission. Such restrictions are listed below in this
Section 6.2.2.
6.2.2.1 Promotional offerings of ninety (90) Days or less are available for resale.
Such promotions are. available for resale under the same terms and conditions that are
available to Qwest retail End User Customers, with no wholesale discount. Should
Qwest re-offer any promotion for a sequential ninety (90) Day or less promotion period
following the initial ninety (90) Day or less promotion period, then the initial and
. subsequent promotion(s) wil be available to CLEC for resale with any applicable
wholesale discount.
6.2.2.2 Market trials of ninety (90) days or less are not available for resale.
6.2.2.3 Residential services and telephone assistance plans (TAP), including but
not limited to Lifeline/Link-up and Tribal Lifeline services, are available for resale by
CLEC only to the same class of End User Customers eligible to purchase these services
from Qwest
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6.2.2.3.1 If CLEC is an Eligible Telecommunications Carrier (ETC) it must
secure TAP credits directly from the appropriate federal or state agency(ies) as
Owest will not collect TAP credits on an ETC's behalf.
6.2.2.3.2 If CLEC is not an ETC and if CLEC wishes to resell TAP services,
CLEC shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC
and any applicable state requirements governing TAP programs. CLEC shall
complete and provide such certification to Owest before CLEC purchases TAP
services for resale, and shall re-certify annually. The certification form and
instructions are provided at Owests web site in the Resale General Product
Catalog. Use of the Owest certification form is mandatory to demonstrate
compliance with the requirements of this Section.
6.2.2.4 Universal Emergency Number Service is not available for resale.
Universal Emergency Number Service (E911/911 service) is provided with each local
Exchange Service line resold by CLEC whenever E911/911 service would be- provided
on the same line if provided by Owest to a Owest retail End User Customer.
6.2.2.5 Inside wiring maintenance plans are available for resale at Owest retail
rates with no wholesale discount. Other non-Telecommunications Services such as
inside wiring installation, calling cards and CPE, are not available for resale.
6.2.2.6 Voice messaging service is available for resale at the retail rate with no
discount. Enhanced Services and information services, other than voice messaging, are
not available for resale.
6.2.2.7 Owest 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) inOwests applicable Tariffs, catalogs, price lists, or other
retail Telecommunications Services offerings wil apply to resale of CSAs, including early
termination liabilty. Nothing in this Agreement shall affect any obligation of any Owest
retail End User Customer that early terminates a CSA, including payment of any early
termination charges. Where CLEC seeks to continue serving an End User Customer
presently served through a resold Owest CSA, but wishes to provide such service
through alternate resale arrangements, Owest shall provide CLEC the same waivers of
early termination liabilties as it makes to its own End User Customers in similar
circumstances. In any case where it is required to offer such a waiver, Owest shall be
entitled to apply provisions that provide Owest substa,ntially the same assurances and
benefits that remained to it under the resold agreement as of the time it is changed.
6.2.2.8 Grandfathered services are available for resale by CLEC to existing End
User Customers of the grandfathered product or service.
6.2.2.9 Centrex terms and conditions related to calculation of charges for, and
Provisioning - of common blocks, station lines and optional features will be based on the
Centrex definition of a system and CLEC's serving location.
6.2.2.9.1 Where a common block is applicable, a Centrex system is
defined by a single common block or multiple common blocks for a single CLEC
within a single Central Ofice switching system. A common block defines the
dialing plan for intercom callng, access to the Public Switched Network and/or.Feb 1, 20111cacJiMacTei/iDI Agreement Number CDS-110201-0001
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private facilties, 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 Offce Switch may have network access register and private facilty
trunk groups aggregated across multiple common blocks. Centrex system based
optional features (i.e., Automatic Route Selection) may not be aggregated across
multiple common blocks. A Centrex system must provide station lines to at least
one (1) location and may provide station lines to multiple locations.
6.2.2.9.2 Centrex station lines are provisioned and charges are calculated
based on serving CLEC's location. A location is defined as the site where Qwest
facilties (cable plant from the serving Central Offce Switch) meet CLEC facilties
(inside wire). In a multi-tenant building, Qwest may bring facilties directly to asingle Point of Interconnection with CLEC facilities, typically in a basement
equipment room, which would be considered a single location for this multi-
tenant building. Should Qwest bring service to multiple floors or offces within a
multi-tenant building each floor or offce with a separate CLEC facilties
.termination point is considered a location. Where CLEC has multiple buildings
within contiguous propert (campus), such buildings wil be provisioned and biled
as a single location. Contiguous propert is defined as property owned or leased
by CLEC and not separated by public thoroughfare, river or railroad rights-of-
way. Propert wil be considered contiguous when connected via connecting
passageways or conduit acceptable to Qwest for its facilties. Where CLEC has
Centrex station lines from multiple Central Offce switching systems, within the
same Qwest Wire Center, and provisioned to the same location, CLEC wil not be
charged for service or provisioned as if service was originating from a single
Centrex system. For example, station lines may only be aggregated from a
single CLEC Centrex system to a single CLEC serving location for rating
purposes. CLEC may not specify a Central Offce as CLEC's location for the
termination of Centrex station lines.
6.2.2.10 Private line service used for Special Access is available for resale but not
at a discount.
6.2.2.11 Intentionally Left Blank.
6.2.2.12 Telecommunications Services provided directly to CLEC for its own use
and not resold to End User Customers must be identified by CLEC as such, and CLEC
wil pay Qwest retail prices for such services.
6.2.3 Qwest shall provide to CLEC Telecommunication~s' Services for resale that are at
least equal in quality and in substantially the same time and manner that Qwest provides these
services to itself, its subsidiaries, its Affliates, other Resellers, and Qwests retail End User
Customers. Qwest shall also provide resold services to CLEC in accordance with the
Commission's retail service quality requirements, if any. Qwest further agrees to reimburse
CLEC for credits or fines and penalties assessed against CLEC as a result of Qwests failure to
provide service to CLEC, subject to the understanding that any payments made pursuant to this
provision will be an offset and credit toward any other penalties voluntarily agreed to by Qwest
as part of a performance assurance plan, and further subject to the following provisions:
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6.2.3.1 Owest shall provide service credits to CLEC for resold services in
accordance with the Commission's retail service requirements that apply to Owest retail
services, if any. Such credits shall be limited in accordance with the following:
a) Owests service credits to CLEC shall be subject to the wholesale
discount;
b) Owest shall only be liable to provide service credits in accordance with
the resold services provided to CLEC. Owest is not required to provide service
credits for service failures that are the fault of CLEC;
c) Intentionally Left Blank.
d) Intentionally Left Blank.
e) In no case shall Owests credits to CLEC exceed the amount Owest
would pay a Owest End User Customer under the service qualit requirements,
less any wholesale discount applicable to CLEC's resold services; and
f) In no case shall Owest be required to provide duplicate reimbursement
or payment to CLEC for any service quality failure incident.
6.2.3.2 Fines and Penalties - Owest shall be liable to pay to CLEC fines and
penalties for resold services in accordance with the Commission's retail service
requirements that apply to Owest retail services, if any. Such credits shall be limited in
accordance with the following:
a) Owests fines and penalties paid to CLEC shall be subject to the
wholesale discount;
b) Owest shall only be liable to provide fines and penalties in accordance
with the resold services provided to CLEC. Owest is not required to pay fines
and penalties for service failures that are the fault of CLÈC;
c) Intentionally Left Blank.
d) In no case shall Owests fines and penalties to CLEC exceed the
amount Owest would pay the Commission under the service quality plan, less
any wholesale discount applicable to CLEC's resold services; and
e) In no case shall Owest be required to provide duplicate reimbursement
or payment to CLEC for any service quality failure incident.
6.2.4 In the event that there are existing agreements' between CLEC and Owest for
resale under Owest retail Tariffs, catalogs, price lists, or other retail Telecommunications
Services offerings, CLEC may elect to continue to obtain services for resale under the existing
agreements and such retail Tariffs, catalogs, price lists, or other retail Telecommunications
Services offerings, or CLEC may elect to terminate such existing agreements and obtain such
services by adopting this Agreement pursuant to the General Terms of this Agreement. If CLEC
so adopts this Agreement, the associated wholesale discount specified in Exhibit A of this
Agreement wil apply.
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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 Qwest wil accept at no charge one (1) pnmary white pages Directory Listing for
each main telephone number belonging to CLEC's End User Customer based on End User
Customer information provided to Qwest by CLEC. Qwest wil place CLEC's End User
Customer's Listings in Qwests Directory Assistance Database and wil include such Listings in
Qwests Directory Assistance Service. Additional terms and conditions with respect to Directory
Listings are described in the Ancilary Services Section and the Qwests Official Directory
Publisher Section of this Agreement.
-
6.2.8 Qwest shall provide to CLEC, for CLEC's End User Customers, E911/911 call
routing to the appropriate Public Safety Answering Point (PSAP). Qwest shall not be
responsible for any failure .of CLEC to provide accurate End User Customer information for
listings in any databases in which Qwest is required to retain and/or maintain such information.
Qwest shall provide CLEC's End User Customer information to the Automatic Location
Identification/Database Management System (ALIOMS). Qwest shall use its standard process
to update and maintain CLEC's End User Customer service information in the ALI/OMS used to
support E911/911 services on the same schedule that it uses for it retail End User Customers.
Qwest assumes no liabilty for the accuracy of information provided by CLEC.
6.2.9 If Qwest provides and CLEC accepts Qwests 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 InterLATA and IntraLATA services. CLEC and Qwest shall
follow all Applicable Laws, rules and regulations with respect to PIC changes. Qwest shall
disclaim any liabilty for CLEC's improper InterLTA and liitraLATA PIC change requests, and
CLEC shall disclaim any liabilty for Qwest's improper InterLATA (when applicable) and
IntraLATA PiC change requests.
6.2.11 When End User Customers switch from Qwest 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 Portabilty (LNP).
6.2.12 In the event Qwest 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 Qwest be responsible for providing
such notice to CLEC's End User Customers. Qwest wil provide notice to CLEC of Qwests
termination of a resold service on a timely basis consistent with Commission rules and notice
requirements.
6.2.13 The underlying network provider of a resold service shall be entitled to receive,
from the purchaser of Switched Access, the appropnate access charges pursuant to its then
effective Switched Access Tariff.
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6.2.14 Resold services are available where facilties currently exist and are capable of
providing such services without construction of additional facilties or enhancement of existing
facilties. However, if CLEC requests that facilties be constructed or enhanced to provide
resold services, Qwest wil construct facilties to the extent necessary to satisfy its obligations to
provide basic local Exchange Service as set forth in Qwests retail Tariffs, catalogs, price lists,
or other retail Telecommunications Services offerings and Commission rules. Under such
circumstances, Qwest will develop and provide to CLEC a price quotation for the construction.
Construction charges associated with resold services will be applied in the same manner that
construction charges apply to Qwest retail End User Customers. If the quotation is accepted by
CLEC, CLEC wil be billed the quoted price and construction wil commence after receipt of
payment.
6.3 Rates and Charges
6.3.1 Wholesale discounts for resold Telecommunications Services offerings are
provided in Exhibit A. The Telecommunications Services offerings available for resale but
excluded from the wholesale pricing arrangement in the Agreement are available at the retail
Tanff, 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, wil continue to be paid by CLEC without discount for each local
exchange line resold under this Agreement. All federal and state rules and regulations
associated with SLC as found in the applicable Qwest Tariffs, catalogs, price lists, orother 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 IntraLATA 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 servces
or features that are biled on a per use or per activation basis (e.g., continuous redial, last call
return, call back callng, 'call trace) subject to the applicable discount in Exhibit A as such may
be amended pursuant to this Section. With respect to all such charges, Qwest shall provide
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 Telecornmunications Services offerings.
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6.3.7 If the Commission orders additional services to be available for resale, Qwest wil
revise Exhibit A to incorporate the servces added by such order into this Agreement, effective
on the date ordered by the Commission. If the Commission indicates those additional services
must be available for resale at wholesale discount rates, those additional services wil be added
to this Agreement at the original Agreement wholesale discount rate.
6.3.8 Qwest shall timely bil new or changed Commission-ordered resale rates or
charges using the effective date for such rates or charges as ordered by the Commission. If
Qwest bills CLEC amounts different from new or changed rates or charges after the effective
date of such rates or charges, Qwest shall make appropriate bil adjustments or provide
appropriate bil credits on CLEC's bil(s).
6.3.9 If rates for services resold by CLEC under this Agreement change, based on
changes in Qwests Tariffs, catalogs, price lists or other retail Telecommunications Services
offerings, charges biled to CLEC for such services wil be based upon the new Tariff, catalogs,
price lists, or other retail Telecommunications Services offerings rates less the applicable
wholesale discount, if any, as agreed to herein or as established by Commission order. The
new rate will be effective upon the effective date of the Tariff, catalog, price list, or other retail
Telecommunications Services offerings.
6.3.10 Product-specific nonrecurrng charges as set forth in Qwests applicable Tariffs,
catalogs, price lists, or other retail Telecommunications Services offerings wil apply when new
or additional resold services are ordered and installed at CLEC's request for use by CLEC's End
User Customers. Such nonrecurring charges will be subject to the wholesale discount, if any,
that applies to the underlying service being added or changed.
6.4 Ordering Process
6.4.1 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,
Biling, collection and inquiry. CLEC's End User Customers contacting Qwest in error wil be
instructed to contact CLEC; and Qwests End User Customers contacting CLEC in error will be
instructed to contact Qwest. In responding to calls, neither Party shall make disparaging
remarks about each other. To the extent the correct provider can be determined, misdirected
calls received by either Part wil be referred to the proper provider of local Exchange Service;
however, nothing in this Agreement shall be deemed to prohibit Qwest or CLEC from discussing
its products and services with CLEC's or Qwests End User Customers who call the other Party
seeking such information.
f.
6.4.2 CLEC shall transmit to Qwest all information necessary. for the ordering (Biling,
Directory Listing and other information), installation, repair, maintenance and post-installation
servicing according to Qwests standard procedures, as described in the Qwest Product Catalog
(PCAT) available on Qwest's public web site located at http://ÝJ.qwest.com/wholesale/pcat.Information shall be provided using Qwests designated Local Service Request (LSR) format
which may include the LSR, End User Customer and resale forms.
6.4.3 Qwest wil use the same performance standards and criteria for installation,
Provisioning, maintenance, and repair of services provided to CLEC for resale under this
Agreement as Qwest provides to itself, its Affilates, its subsidiaries, other Resellers, and Qwest
retail End User Customers. The installation, Provisioning, maintenance, and repair processes
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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 Qwest complete and accurate End User
Customer Directory Listing information including initial and updated information for Directory
Assistance Service, white pages directories, and E911/911 Emergency Services. The Ancilary
Services Section of this Agreement contains complete terms and conditions for Directory
Listings for Directory Assistance Services, white pages directories, and E911/911 Emergency
Services.
6.45 If Qwests retail End User Customer, or the End User Customer's New Service
Provider orders the discontinuance of the End User Customer's existing Qwest service in
anticipation of the End User Customer moving to a New Service Provider, Qwest wil render its
closing bil to the End User Customer, discontinuing Billng as of the date of the discontinuance
of Qwests service to the End User Customer. If the Current Service Provider, or if the End User
Customer's New Service Provider orders the discontinuance of existing resold service from the
Current Service Provider, Qwest wil bill the Current Service Provider for service through the
date the End User Customer receives resold service from the Current Service Provider: Qwest
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. Qwest will 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 Qwest and Qwest shall provide CLEC with points of contact
for order entry, problem resolution and repair of the resold services. These points of contact wil
be identified for both CLEC and Qwest in the event special attention is required on a service
request.
6.4.7 Prior to placing orders on behalf of the 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 Qwest through Operational Support Systems or by facsimile.
Intervals provided to CLEC shall be equivalent to intervals provided by Qwest to itself, its
Affliates, its subsidiaries, other Resellers, and to Qwests retail End User Customers. .
6.5 Biling
6.5.1 Qwest shall bil 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 Qwest shall provide CLEC, on a monthly basis, within seven (7) to ten (10) Days
of the last day of the most recent Billng period, in an agreed upon standard electronic Billng
format as detailed in Section 12.2.5, Biling information including (1) a summary bil, and (2)
individual End User Customer sub-account information consistent with the samples available for
CLEC review.
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6.6 Maintenance and Repair
6.6.1 Qwest wil maintain its facilties and equipment used to provide CLEC resold
services. CLEC or its End User Customers may not rearrange, move, disconnect or attempt to
repair Qwests facilties or equipment, including facilities or equipment that may terminate or be
located at CLEC's End User Customer's premises, other than by connection or disconnection to
any interface between Qwest and the End User Customer's facilties, without the written consent
of Qwest.
6.6.2 Maintenance and Repair procedures are detailed in Section 12. Access to
telephone numbers and Dialing Parity are discussed in Sections 13 and 14 respectively.
6.6.3 CLEC and Qwest wil employ the procedures for handling misdirected repair calls
as specified in Section 12.3.8 of this Agreement.
6.7 Commingling of Resold Services with Unbundled Network Elements and
Combinations of Unbundled Network Elements
6.7.1 To the extent it is Technically Feasible and pursuant to the terms of Section 9.1,
CLEC may Commingle Telecommunications Servces purchased on a resale basis with an
Unbundled Network Element or combination of Unbundled Network Elements.
6.7.1.1 Services are available for Commingling only in the manner in which they
are provided in Qwests applicable product Tariffs, catalogs, price lists, or other
Telecommunications Services offerings.
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Section 7
Interconnection
Section 7.0 - INTERCONNECTION:
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 traffc exchange wil be mutual
and reciprocal and all traffic exchanged between the Parties must be provisioned pursuant to
this Agreement. A Part 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 Offce Cross Connection points, (v) out-of-band
Signaling Transfer Points necessary to exchange traffc at these points and access call-related
databases, and (vi) points of access to Unbundled Network Elements. Section 9 of this
Agreement describes Interconnection at points (i), (iv), (v), and (vi), although some aspects of
these Interconnection points are described in Section 7. "Interconnection" is as described in the
Act and refers, in this Section of the Agreement, to the connection between networks for the
purpose of transmission and routing of Telephone Exchange Service traffc and IntraLATA LEC
Toll traffc at points (ii) and (iii) described above. Interconnection, which Qwest curreritly names
"Local Interconnection Service" (LIS), is' provided for the purpose of connecting End Offce
Switches to End Offce Switches or End Offce Switches to local or Access Tandem Switches for
the exchange of Exchange Service (EAS/Local traffc); or End Offce Switches to Access
Tandem Switches for the exchange of IntraLATA LEC Toll or Jointly Provided Switched Access
traffc. Qwest Tandem Switch to CLEC Tandem Switch connections will 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 calis' of
its own or any Affliate'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, Affliate, or any other part 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 facilties 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 callng area for which
it wishes to exchange traffc within Qwest territory. The Parties shall establish, through
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negotiations, at least one (1) of the following Interconnection arrangements, at any Technically
Feasible point: (1) a DS1 or DS3 Qwest-provided facilty; (2) Collocation; (3) negotiated Mid-
Span Meet POI facilties; 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 part, or is offered by Qwest as a product
7.1.2.1 . Qwest-provided Facilty. Interçonnection may be accomplished through
the provision of a DS1 or DS3 Entrance Facißty of CLEC's determination. An Entrance
Facilty extends from the Qwest Servng Wire Center to CLEC's Switch location or any
Technically Feasible POI chosen by CLEC. Qwest-provided Entrance Facilties may not
extend beyond the area served by the Qwest Serving Wire Center. The rates for Qwest-
provided Entrance Facilties are provided in Exhibit A. Qwests private line transport
service is available as an alternative to Qwest-provided Entrance Facilties, when CLEC
uses such private line transport service for multiple services. Entrance Facilties may not
be used for Interconnection with Unbundled Network Elements.
7.1.2.2 Collocation. Interconnection may be accomplished throu,gh 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 facilties 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 actu~1 physical Point of
Interface and facilties used wil be subject to negotiations between the Parties. Each
Part will be responsible for its portion of the build to the Mid-Span Meet POI. CLEC
may not use remaining capability in an existing Mid-Span Meet POI to gain access to
Unbundled Network Elements. These Mid-Span Meet POls wil consist of facilties 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 Traffc
7.2.1 Description
7.2.1.1 This Section 7.2 addresses the exchange of traffc between CLEC's
network and Qwests network. Where either Part interconnects and delivers traffc to
the other from third parties, each Part shall bil such third parties the appropriate
charges pursuant to its respective Tariffs or contractual offerings for such third part
terminations. Unless otherwise agreed to by the Parties, via an amendment to this
Agreement, the Parties wil directly exchange traffc between their respective networks
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Interconnection
without the use of third part transit providers.
7.2.1.2 The traffic types to be exchanged under this Agreement include:
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 traffc as defined in this Agreement.
7.2.1.2.3 Jointly Provided Switched Access traffc as described in Section
7.5.1. Jointly Provided Switched Access is associated with Meet-Point Billing.
7.2.1.2.4 For purposes of the Agreement, Transit Service does not
include traffic carried by Interexchange Carriers. That traffic is defined as Jointly
Provided Switched Access. Tram¡it 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 Traffic having special Billng or trunking requirements includes,
but is not limited to, the following:
a) Directory Assistance;
b) 911/E911;
c) Operator Busy Line Verif/Busy Line Interrupt;
d) Toll Free Services; and
e) ISP-Bound traffc.
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) traffc wil 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 Part elects to provision its own one-way trunks for
delivery of Exchange Service (EAS/Local) traffc to be terminated on the
other Part's network, the ordering Part wil provision its own one-way
trunks. The Part ordering one-way trunks wil choose the POI location
for such one-way trunks.
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7.2.2.1.2.2 CLÈC may purchase transport services from Qwest or
from a third part, including a third part that has leased the private line
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7.2.2.3
Section 7
Interconnection
transport service facilit from Owest. Such transport provides a facilty for
the LIS trunk to be provisioned in order to deliver the originating Party's
Exchange Service EAS/Local traffc to the terminating Part'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
Part's obligation under Section 251 (a) of the Act.
7.2.2.1.3 When either Part utilizes the other Parts Tandem Switch for
the exchange of local traffc, where there is a DS1's worth of traffc (512 CCS)
between the originating Parts End Ofce Switch delivered to the other Part's
Tandem Switch for delivery to one (1) of the other Parts End Offce Switches,
the originating Party wil order a direct trunk group to the other Part's End Offce
Switch. To the extent that CLEC has established a Collocation arrangement at a
Owest End Offce Switch location, and has available capacity, CLEC may, at its
sole option, provide two-way direct trunk facilties from that End Office 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 specifed in Exhibit A of this
Agreemerit, will apply to the transport provided from the Tandem Switch to
Owests End Ofce Switch.
7.2.2.1.5 If direct trunked transport is greater than fift (50) miles in
length, and existing facilties are not available in either Part'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
facilty, 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 trnking has not been established, such traffc shall be routed
via a Owest Tandem Switch.
IntraLATA LEC Toll Traffc
7.2.2.2.1 One-way or two-way trunk groups. may be established.
However, if either Part elects to provision its own one-way trunks for delivery of
IntraLATA LEC Toll traffc to be terminated on. the other Part's network, the
ordenng Part wil provision its own one-way trunks. The Part ordering one-way
trunks wil 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 Offce Switch(es), as designated by CLEC.
Transit Traffc
7.2.2.3.1 Owest wil accept traffc originated by CLEC's network and/or its
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end user(s) for termination to other Telecommunications Carrier's network and/or
its end users that is connected to Owests Switch. Owest 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 traffc does not include traffic carried by Interexchange Carriers. That
traffc 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 full Interoperabilty and Biling 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 traffc exchange agreements with third part
Telecommunications Carriers prior to delivering traffic to be transited to third
party Telecommunications Carriers. In the event one Party originates traffc that
transits the second Part's network to reach a third part Telecommunications
Carrier witn whom the originating Part does not have a traffc exchange
agreement, then the originating Part will indemnify, defend and hold harmless
the second Part against any and all charges levied by such third part
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 Owest is the designated IntraLATA Toll provider for existing LECs,
Owest will be responsible for payment of appropriate usage rates.
7.2.2.3.4 When Owest receives an unqueried call from CLEC to a
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 Owest in the state where the transit call terminated, CLEC
must execute an agreement for that state if it is a state served by Owest. In the
absence of a second agreement, the transit rate in Exhibit A of this Agreement
wil be biled to the CLEC.
7.2.2.4 Jointly Provided Switched Access. The Parties wil use industry
standards developed and routing based on the LERG to handle the Provisioning and
Billng of Jointly Provided Switched Access (MECAB, MECOD, and the Parties' FCC and
state access Tarifs). Each Party wil bil the IXC the appropriate portion of its Switched
Access rates. Owest will also provide the one-time notification to CLEC. of the billng
name, biling address and Carrier identification codes of the IXCs subtending any
Access Tandem Switches to which CLEC directly èonnects. This type of traffic is
discussed separately in this Section.
7.2.2.5 Interface Code Availabilty. Supervisory signaling specifications, and the
applicable network channel interface codes for LIS trunks can be found in the Owest
Technical Publication for Local Interconnection Service 77398.
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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 part signaling provider. Each of the Parties, Qwest and
CLEC, wil provide for Interconnection of their signaling network for the mutual
exchange of signaling information in accrdance 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 Capabilty. Clear Channel Capabilty (64CCC)
permits 24 DSO-64 Kbps services or 1.536 Mbps of information on the 1.544
Mbps/s line rate. 64CCC is available for LIS trunks equipped with SS7 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 traffc through the Qwest web site: http://ww.qwest.com/disclosures.
Where available to Qwest, Qwest wil 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 Offce Switch indicating the called End User Customer
has answered. The measurement of terminating call usage over LIS trunks ends when
the terminating LIS entry Switch receives disconnect supervision from either the called
End User Customer's End Office Switch, indicating the called End User Customer has
disconnected, or CLEC's Point of Interconnection, whichever is recognized first by the
entry Switch. This is commonly referred to as "conversation time." The Parties 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 Billng 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 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 facilties of each Pàrt. Qwest
shall provide CLEC trunk group specifc projections to CLEC on or before thedate 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 for ordering and installation. 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 utilze CLEC's semi-annual forecasts and near-term demand
submitted on Unforecast Demand Notification Forms to ensure availabilty of
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Secton 7
Interconnection
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 apprópriate 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
forecasting process. Each Part wil provide adequate information associated
with the Owest 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 Part's
forecast or Interconnection requirements. No later than two (2) weeks prior to
the joint planning meetings, the Parties shall exchange information to facilitate
the planning process. Owest shall provide CLEC a report reflecting then current
spare capacity at each Owest Switch that may impact the Interconnection traffc.
Owest 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. Owest
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 Owest 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 Owest web site.
a) Owest Tandem Switches and Owest 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).
Owest wil notify CLEC six (6) months prior to LERG amendment, the anticipation
of a new local, Tandem Switch.
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7.2.2.8.10 Qwest network disclosure of deployment information for specific
technical capabilties (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 wil 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 underutilzation is
such that it restricts 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 facilties 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.
r
7.2.2.8.15 Each Part shall provide a specified point of contact for
planning, forecasting and trunk servicing purposes.
7.2.2.8.16 Interconnection facilties 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 notifing CLEC in
writing that it will not construct the requested facilties, or within ten (10) Days of
notice from CLEC in writing that Qwest must either commence construction of
the facilties 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 Parts use of the overall capacity of the route
involved. Qwest and CLEC may also choose to work in good faith to identify and
locate alternative routes that can 'be used to accmmodate CLEC forecasted
build. Extraordinary circumstances include, but are not limited to, natural
Feb 1, 2011/cacNiMacTelliDI Agreement Number CDS-110201-0001
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Section 7
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.'(;;')~I obstructions such as lakes, nvers, or steep terrain, and legal obstructions such
as governmental, federal, Native American or private rights of way. The standard
Qwest 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 facilties that
meet the same technical criteria and service standards, such as probabilty of
blocking in peak hours and transmission standards, in accordance with currentindustry standards. .
7.2.2.9.1.1 Qwest shall provide monthly reports to CLEC on all
Interconnection trunk groups and quarterly reports on all interoffice trunk
groups carrying EAS/Local traffc between Qwest Tandem Switches and
Qwest End Offce Switches. The reports wil contain busy hour traffic
data, including but not limited to, overflow and the number of trunks in
each trunk group.
7.2.2.9.2 Intentionally Left Blank.
7.2.2.9.3 Separate trunk groups may be established based on Billng,
signaling, and network requirements. The following is the current list of traffic
types that require separate trunk groups, unless specifically otherwise stated in
this Agreement.
a) Directory Assistance trunks (where the Switch type requires
separation from operator services trunks);
b) 911/E911 trunks;
c) Operator services . trunks (where the Switch type requires
separation from Directory Assistance trunks);
d) Mass callng trunks, if applicable.
7.2.2.9.3.1 Exchange Service (EAS/Local), ISP-Bound Traffc,
IntraLATA LEC Toll, and Jointly Provided Switched Access may be
combined in a single LIS trunk group at access tandems as appropnate
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 traffc
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) traffc, terminating IntraLATA LEC Toll traffc and Switched
Access FG D traffc on the same FG D trunk group.
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
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and terminating Jointly Provided Switched Accss traffc.
7.2.2.9.3.2.2 Qwest wil send Qwest originating Exchange Service
(EAS/Local) traffc, IntraLATA LEC Toll traffc 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 0 Provider and BANS and states
involved in this option. Qwest wil need up to two months lead time to
ensure that the appropriate mechanized billng 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 traffc.
Directory Assistance, 911/E911, operator Bùsy Line Interrupt and Busy Line
Verify 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 will provision all trunking using SS7/CCS
capabilties. Exceptions to this arrangement would be limited to operator
services trunking, Directory Aasistance trunking and 911 trunking.
b) When the Parties interconnect via CCS for Jointly Provided
Switched Accss Service, the Tandem Switch provider wil 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 traffic 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.
7.2.2.9.7 To the extent Qwest is using a specific End Offce 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 Offce Switch (one (1) route via a Tandem
Switch and one (1) direct route), CLEC may elect to utilze alternate traffc
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Interconnection
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), miliwatt (102 type), nonsynchronous or synchronous,
automatic transmission measuring (105 type), data transmission (107
type), loop-around, short circuit, open circuit, and non-inverting digitalloop-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.
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) traffc between CLEC's network and Qwests network. Where
either Part acts as an IntraLATA Toll provider, each Part shall bill the other the appropriate
charges pursuant to its respective tariff or price lists. Where either Party interconnects and
delivers traffc to the other from third parties, each Part shall bill such third parties the
appropriate charges pursuant to its respective tarifs, price lists or contractualofferings for such
third party terminations. Absent a separately negotiated agreement to the contrary, the Parties
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Interconnecton
wil directly exchange traffic between their respective networks without the use of third part
transit providers.
7.3.1.1
7.3.1.2
LIS Entrance Facilities
7.3.1.1.1 Recurring and nonrecurrng rates for LIS Entrance Facilties are
specified in Exhibit A and wil apply for those DS1 or DS3 facilties dedicated to
use as LIS.
7.3.1.1.2 If CLEC chooses to provision LIS facilties over an existing
facilty purchased as private line transport service from the Qwest state or FCC
access Tariffs, the rates from those Tarifs will 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
facilties shall be shared among the Parties by reducing the LIS two-way
Entrance Facilty (EF) rate element charges as follows:
7.3.1.1.3.1 The provider of the LIS two-way Entrance Facilty
(EF) will initially share the cost of the LIS two-way EF by assuming an
initial relative use factor (RUF) of fif percent (50%) for a minimum of one
(1) quarter ifthe Parties have not exchanged LIS traffc previously. Thenominal charge to the other Part 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
substantiáte a change in that factor. For purpo~es 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 Part 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 or
traffc delivered to Enhanced Service providers is interstate in nature.
Collocation
7.3.1.2.1 See Section 8.
7.3.2 Direct Trunked Transport
7.3.2.1
Part.
Either Part may elect to purchase direct trunked transport from the other
7.3.2.1.1 Direct trunked transport (OTT) is available between the Serving.
Wire Center of the POI and the terminating and/or transiting Part's Tandem
Switch or End Office Switches. The applicable rates are described in Exhibit A.
OTT facilities are provided as dedicated DS3, DS1 or DSO facilties.
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(.'/'-.,7.3.2.1.2 When OTT is provided to a local or Access Tandem Switch for
Exchange Service (EAS/Local) traffic, or to an Access Tandem Switch for
IntraLATA LEC Toll, or Jointly Provided Switched Access traffc, the applicable
OTT rate elements apply between the Serving Wire Center and the Tandem
Switch. Additional rate elements for delivery of traffic to the terminating End
Offce Switch are tandem switching and tandem transmission. These rates are
described below.
7.3.2.1.3 Mileage shall be measured for OTT 'based on V&H coordinates
between the Serving Wire Center and the local/Access Tandem Switch or End
Ofce Switch.
7.3.2.1.4 Fixed Charges per OSO, OS 1 or OS3 and per mile charges are
defined for OTT in Exhibit A of this Agreement.
7.3.2.2 If the Parties elect to establish LIS two-way OTT trunks, for reciprocal
exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way OTT
facilties shall be shared among the Parties by reducing the LIS two-way OTT rate
element charges as follows:
7.3.2.2.1 The provider of the LIS two-way OTT facilty will initially share
the cost of the LIS two-way OTT facility by assuming an initial relative use factor
of fift percent (50%) for a minimum of one (1) quarter if the Parties have not
exchanged LIS traffic previously. The nominal charge to the other Part for the
use of the OTT 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 traffc to
substantiate a change in that factor. For purposes of determining the relative use
factor, the terminating carrier is responsible for ISP-Bound traffc and for VNX
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 Part. 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 (OS1/0S3 MUX or OSO/OS1 MUX) are available at
the rates specified in Exhibit A.
7.3.3 Trunk Nonrecurring charges
7.3.3.1 Installation nonrécurring charges may be åssessed 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 specifed
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7.3.4.1
7.3.4 Exchange Service (EAS/Local) Traffc
.End Offce Call Termination
7.3.4.2
7.3.4.1.1 The Parties agree that, because this State is a new market for
CLEC, end office call termination compensation for Exchange Service
(EAS/Local) traffc shall be based upon the bil and keep compensationmechanism, whereby neither Part charges the other Part reciprocal
compensation for the termination of EAS/Local traffc originated by the other
Part. Bil and keep shall govern compensation for such traffic exchanged by the
Parties in this State until the earlier of: (1) the expiration of the Agreement, or (2)
further action by the Federal Communications Commission (FCC), or a court of
competent jurisdiction, vacates, replaces, modifes, or supersedes the applicable
rules adopted in Order on Remand and Report and Order, CC Docket Nos. 96-
98,99-68, FCC 01-131 (reI. Apr. 27, 2001).
7.3.4.1.2 Intentionally Left Blank.
7.3.4.1.3 Intentionally Left Blank.
7.3.4.1.4 Neither Part shall be responsible to the other for call termination
charges associated with third part traffc that transits such Party's network.
Tandem Switched Transport
7.3.4.2.1 For traffc delivered through a awest or CLEC tandem Switch (as
defined in the Agreement), the Parties agree that, because this State is a new
market for CLEC, tandem switched transport functions for Exchange Service
(EAS/Local) non-transit traffc shall be compensated based upon the bil andkeep compensation mechanism. Bil and keep wil apply to Qoth the tandem
switching rate and the tandem transmission rate. Bil and keep shall govern
compensation for such traffic exchanged by the Parties in this State until the
earlier of: (1) the expiration of the Agreement, or (2) further action by the Federal
Communications Commission (FCC), or a court of competent jurisdiction,
vacates, replaces, modifies, or supersedes the applicable rules adopted in Order
on Remand and Report and Order, CC Docket Nos. 96-98, 99-68, FCC 01-131
(reI. Apr. 27, 2001).
7.3.4.2.2 Intentionally Left Blank.
7.3.4.2.3 Intentionally Left Blank.
7.3.4.2.4 When awest receives an unque~ied call from CLEC to a number
that has been ported to another Switch within the EAS/Local Callng Area, and
awest performs the query, mileage sensitive tandem transmission rates will
apply which reflect the distance to the End Ofce 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 bil LNP
query charges, awest and CLEC are required to utilze the Number
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Secton 7
Intercnnection
7.3.4.3
7.3.4.4
Portabilty Administration Center (NPAC) database, or another database
that is supported by OBF.
Intentionally Left Blank.
Intentionally Left Blank.
7.3.5 Miscellaneous Charges
Miscellaneous Charges apply for the following miscellaneous services when provided with LIS
trunks. Exhibit A includes a reference to the Tariff, catalog, price list, or other similar document
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 Section
5.2.3 and trunk nonrecurring charges referenced in this Agreement.
7.3.5.2 Expedite' requests for LIS trunk orders are available. Expedites are
requests for intervals that are shorter than the interval defined in Qwests Service
Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates. When expedites are
approved, 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. Expedite charges apply to LIS trunk orders based on the rates described in
Exhibit A.
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 an expedite wil be approved only when
resources are available and the request meets the criteria outlined in the Pre-
Approved Expedite Process in Qwests Product Catalog at Qwests wholesale
web site.
7.3.5.3 Additional testing, including cooperative acceptance testing, automatic
scheduled testing, cooperative scheduled testing, manual scheduled testing, and non-
scheduled testing, is available for LIS trunks.
7.3.6 ISP-Bound Traffc
7.3.6.1 The Parties agree that ISP-bound traffc is Interstate traffc and governed
by the FCC's Order on Remand and Report and Order (Intercarrier Compensation for
ISP-bound Traffic) CC Docket 01-131 (FCC ISP Order), effective June 14, 2001.
However, the Parties agree to exchange ISP-bound traffc utilzing the bil and keep
compensation mechanism. Bil and keep wil apply to ,both end offce call termination
and tandem switched transport of ISP-bound traffc.
.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
Part, as contained in Exhibit A.
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Intercnnecton
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
wil be biled by the Parties to the IXC based on MECABguidelines and each Part's
respective FCC and state access Tariffs.
7.3.8 Signaling Parameters: Owest and CLEC are required to provide each other the
proper signaling information (e.g., originating Callng Part Number (CPN), Charge Number
(ChN) and destination called part number, etc.) per 47 C.F.R. § 64.1601 to enable each Part
to issue bils in a complete and timely fashion. All CCS signaling parameters will be provided
including CPN, callng part category, ChN and Originating Line Information Parameter (OLlP)
on calls destined for Interexchange Carriers (IXCs). All privacy indicators will be honored.
Where SS7 connections exist, each Part 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 wil be
billed as either EAS/Local Traffc or IntraLATA Toll Traffc 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 0 trunk group. If either Party fails to
provide ChN and/or CPN (valid originating information), and cannot substantiate technical
restrictions (I.e., MF signaling) such traffc will be biled as Intrastate Switched Access when the
calls traverse an interconnection trunk. Traffc sent to the other Part 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 wil not
exceed more than five percent (5%) of the total Exchange Service (EAS/Local) and IntraLATA
LEC Toll traffic delivered to the other Party. The Switch owner wil provide to the other Part,
upon request, information to demonstrate that Part's portion of no-CPN/ChN traffc does not
exceed five percent (5%) of the total traffc delivered. The Parties wil 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 Part shall specify requirements on the Access
Service Request (ASR): 1) the type and number of Interconnection facilties to terminate at the
Point of Interconnection in the Serving Wire Center; 2) the type of interoffce transport, (I.e.,
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 diferent than those determined to
be available, the Parties wil work cooperatively in determining an accptable configuration,
based on available facilties, equipment and routing plans.
7.4.2 For each NXX Code assigned to CLEC by the NANPA, CLEC wil provide Owest
with the CLLI codes of the Owest Tandem Switches and CLEC's Point of Interface to which
traffic associated with the NXX wil be routed. For NXX Codes assigned to existing LIS trunk
groups, CLEC wil also provide Owest with the Owest 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 Owest web site:
http://ww.qwest.comlwholesale/notices/npa_nxxProcess.html.
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Interconnection
Either Party shall respond to a special request for a NPA NXX Code Request Routing Form
when a single Switch is served by multiple trunk groups.
7.4.3 When either Party has ordered a DS3 Entrance Facilty or private line facilty, that
Part wil order the appropriate DS 1 facilty required and identify the channels of the DS3 to be
used to provide connecting facilty assignments (CFA). Also, if either Part has provided or
ordered a DS1 Entrance Facilty or private line facilty, that Part will be responsible for
identification of the DSO channels of the DS1private line to be used to provide CFA.
7.4.4 A joint planning meeting will 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 traffc 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.r
7.4.8 The ordering Part may cancel an order at any time prior to notification that
service is available. If the ordering Part is unable to accept service within thirt (30) Days after
the Service Date, the provider has the following options:
a) The order will be canceled; cancellation charges as specified in 7.3.5.1 apply
unless otherwise mutually agreed to by the Parties; .
b) Intentionally Left Blank.
c) Billng 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 after 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 Billing (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. Qwestand CLEC agree that the originating, intermediate, and terminating LECs for
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switched access will cooperatively determine the Jointly Provided Switched Access
arrangements in which all parties concur.
7.5.2 Qwest will agree to function as the Access Service Coordinator (ASC) as defined
in the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD) (Technical
Reference SR-TAP-000984). Qwest wil 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 wil be unable to fulfill the role of ASC if CLEC does
not fully comply with MECOD requirements, including filing CLEC's End Offce Switches and
billed percentages (BPs) in the NECA 4 Tariff.
7.5.3 The ATIS Network Interconnection Interoperabilty Forum (NIIF) recommended
methodologies must be adhered to by all Local Exchange Carriers (LECs) to provide timely
notification to the industry of changes in their access network architecture.
7.5.3.1 The ATIS document is titled Recommended Notification Procedures to
Industry for Changes in Access Network Architecture
7.5.4 Qwest aiid CLEC wil each render a separate bil to the IXC, using the multiple
bil, single tariff option.
7.5.5 A charge wil apply for Category 11-01-XX Accss Services records sent in an
EMI meèhanized format. These records can be 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 record created and transmitted is listed in Exhibit A of
this Agreement.
7.6 Transit Records
7.6.1 Qwest and CLEC wil exchange wireline network usage data originated by a
wireline Local Exchange Carrier (LEG) where the NXX resides in a wireline LEC Switch, transits
Qwests network, and terminates to CLEC's network when Technically Feasible and
commercially reasonable. Each Part agrees to provide to the other this wireline network usage
data when Qwest or CLEC acts as a transit provider currntly 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 Biling the wireline LEC.
CLEC will 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 Qwests
network, and terminates to CLEC's network when Technically Feasible and commercially
reasonable. Each Part 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 Biling the WSP. CLEC wil provide to Qwest
information to be able to provide transit records on a mechanized basis when Technically
Feasible. This includes, but is not limited to: service center information, operating company
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Section 7
Interconnection
".",;~;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 EMI mechanized format. These records can be used to
provide information necessary for each Party to bill the originating Carrier for transit when
Technically Feasible. The charge for each record created and transmitted is listed in Exhibit A
of this Agreement.
7.7 Locallnterco"nection Data Exchange for Biling
7.7.1 There are certain types of calls or types .of Interconnection that require exchange
of Billing records between the Parties, including, for example, alternate 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 wil be handled via the Parties'
respective operator service platforms. The Parties agree to utilze, where possible and
appropriate, existing accounting and settlement systems to bil, exchange records and settle
revenue.
7.7.2 The exchange of Billing records for alternate biled calls (e.g., callng card, bil-to-
third-number and collect) wil 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 Part will 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
biled to third number calls which originate on one (1) service provider's network and are biled
. by another service provider located within the same Qwest geographic specific region. The
Parties agree to negotiate and execute an agreement for settlement of non-ICS revenue. This
separate arrangement is necessary since existing CATS processes do not permit the use of
CATS for non-ICS reveni:e. The Parties agree that current message distribution processes,
including the CMDS system or Qwest in-region facilties, can be used to transport the call
records for this traffc.
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 bills via tapes, disks or Network Data Mover
(NDM) wil be made without the mutual agreement of the Parties.
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Section 8
Collocation
Section 8.0 - COLLOCATION
8.1 Description
8.1.1 Collocation allows for'the placing of equipment by CLEC at Qwest's 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 ancilary 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 Facilty 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 wihin the cage.
8.1.1.3 Cage less Physical Collocation -- is a non-caged area within a Qwest
Premises. In Wire Centers, space wil be made available in single frame bay
increments. In Wire Centers, the current minimum square footage is nine (9) square feet
per bay, however, if smaller bays are or become available, Qwest wil reduce the
minimum square footage accordingly. Space wil be provided utilzing industry standard
equipment bay configurations in which CLEC can place and maintain its own èquipment.
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,
pùrsuant 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 Biling relationship with each applicant and wil look
to each collocating CLEC for payment of its proportionate share of the charges relating
to the Collocation space. Qwest will 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
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collocating CLEC (and billed directly to each such CLEC) based on the percentage of
the total space utilzed by that CLEC as per the Collocation Application. Qwest shall not
place unreasonable restrictions on CLEC's use of a Collocation cage, such as limiting
CLEC's abilty 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 Qwest utilze a Shared Collocation arrangement,
Qwest 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
Qwest. Qwest 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 Qwest Wire Center. With ICDF
Collocation, CLEC wil have access to the Qwest 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 faciltating
CLEC's combination of UNEs and ancilary services, CLEC may do so through
the placement of a CLEC-owned Cross Connection device collocated in the
Qwest 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 Qwest Premises to accommodate Physical
Collocation. Qwest shall make space available in adjacent controlled environmental
vaults, controlled environmental huts, or similar structures to the extent Technically
Feasible. Qwest shall permit CLEC to construct or otherwise procure such an adjacent
structure on propert owned, leased or otherwise controlled by Qwest, subject only to
applicable OSHA, EPA, federal, state, and local safety and maintenance requirements.
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, which approval may not be unreasonably withheld or delayed. Qwest must
provide power and physical Collocation services and facilties, subject to the same
nondiscrimination requirements as applicable to any other physical Collocation
arrangement Qwest must permit CLEC to place its own equipment, including, but not
limited to, copper cables,. coaxial cables, fiber cables, and Telecommunications
Equipment, in adjacent facilties constructed by Qwest, by CLEC itself, or a third part.
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.
Qwest 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 Qwest Remote Premises. The terms for Remote Collocation are set forth more fully
in Section 8;2.7 and 8.4.6.
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Application Form is required to designate Cross Connections in a Subloop
environment when the Collocation takes place in the detached terminal location.
This application can be found under the Applications and APOT forms table in
Owests. Collocation Product Catalog on Owests web site. A nonrecurring
charge wil 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 accmmodate CLEC's request, an additional nonrecurring
charge wil 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 -- Facilty Connected (FC) Collocation
allows CLEC to access Unbundled Netwrk Elements (UNEs), ancillary services and
Finished Services within a Owest Wire Center via an Entrance Facilty without
collocating physical equipment in the Wire Center. FC Collocation is provided on a
termination block or termination panel within the designated Wire Center and is
engineered, provisioned, maintained, and repaired by Owest.
8.2 Terms and Conditions
8.2.1 Terms and Conditions - All Collocation
8.2.1.1 Owest shall provide Collocation on rates, terms and conditions that are
just, reasonable and nondiscriminatory. In addition, Owest shall provide Collocation in
accordance with all applicable federal and state laws.
8.2.1.1.1 In accrdance 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, Owest will not combine or Commingle
services or Network Elements that are offered by Owest 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 Owest pursuant to Owests applicable product Tariffs,
catalogs, price lists, or other Telecommunications Services offerings.
8.2.1.1.1.2 Entrance Facilties 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 (A TM) 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 ás xDSL.
Equipment used predominantly to support DSLAMs and ATMs, such as routers
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',', ..:' ~,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 Qwest of all
switching equipment and how it will 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,
Qwest wil allow future Collocations of similar equipment without requesting a
written justification unless and until Qwest can establish to the state Commission
that such equipment is not intended for Interconnection or access to Unbundled
Network Elements. However, Qwest wil complete the Collocation within the
appropriate interval unless granted relief by the Commission.
8.2.1.2.3 Remote Switching Units (RSUs) also meet this legal standard
when used for Interconnection or access to Unbundled Network Elements' for
purposes of providing local Exchange Service.
8.2.1.2.4 Except as provided for in Sections 8.2.1.2.1 through 8.2.1.2.3
above, CLEC may not collocate equipment that is not necessary for
Interconnection or access to Unbundled Network Elements.
8.2.1.3 CLEC must identify what transmission and Cross Connection eqùipment
wil be installed and the vendor technical specifications of such equipment so that Qwest
may verify the appropriate power, floor loading, heat release, environmental particulate .
level, HVAC, and tie cables to CLEC-provided Cross Connection device.
8.2.1.4 Demarcation points for Unbundled. Network Elements (UNEs) and
ancilary services. The Demarcation Point for Unbundled Network Elements and
ancilary services is that physical point where Qwest 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 ancilary services
may be delivered to CLEC. CLEC shall specif 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 Point can be at an Interconnection
Distribution Frame (ICDF) or may be established at a location jointly agreed to by CLEC
and Qwest. To the extent CLEC selects a Demarcation Point outside of its collocated
space, CLEC shall provide and Qwest shall install the tie cables from CLEC's collocated
equipment to the Demarcation Point. Alternatively, Qwest shall provide and install these
tie cables, at CLEC's expense.
8.2.1.5 Qwest wil provide a connection between Unbundled Network Elements
and ancillary services and a Demarcation Point. Such connection is an Interconnection
Tie Pair (ITP). The Demarcation Point shall be:
a) at CLEC-provided Cross Connection equipment located in CLEC's
Virtual or Physical Collocation space; or
b) if CLEC elects to use ICDF Collocation, at the Interconnection
Distribution Frame (ICDF); or
c) if CLEC elects to use an ICDF in association with Virtual or Physical
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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 Tarif terms and conditions. These services wil 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 Availabilty 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 Qwest is taking to make additional space available for
Collocation;
e) whether suffcient power is available to meet the specific CLEC request;
f) number of CLECs in queue at the Premises, if any;
g) whether the Wire Center is equipped with DS3 capability; and
h) the number and description of Qwest and its Affliates and reservations
of space by all CLECs.
.8.2.1.9.1 A Space Availabilty Report Charge in Exhibit A wil apply to
each Space Availabilty 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
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(,'~";"/'~"/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 wil 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.
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 suffcient 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 will determine the
feasibilty 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 wil 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 facilties or constructing or leasing new facilties, 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 availabilty 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.
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.'!
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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 wil honor the onginal 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.comlwholesale/noticeslcollo/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 availabledocument. shall include, based on information Qwest develops through the Space
Availabilty Report process, the Reservation Process, or the Feasibilty Study Process:
a) Number of CLECs in queue at the Premises, if any;
b) . Premises that have not been equipped with DS3 capabilty;
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 sité 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 fot
equipment use. The cost of removal of the obsolete unused equipment shall beborne by Qwest. '
8.2.1.14.1.1 If CLEC issues a forecast or reservation for
Collocation, Qwest shall use its best judgment to determine whether it
would be appropriate to reclaim space and or equipment to meet
expected Collocation requirements.
8.2.1.14.1.2 If CLEC issues a Collocation Application and
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i";:::~~:j unused, obsolete equipment must be removed to provide the requested
Collocation, Qwest wil affrmatively 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 feasibilty 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
available for all Collocations under a particular billing authorization number (BAN) for
which CLEC has not received notification of completion from Qwest. Cancellation is
offen¡id 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 will
provide acknowledgment of acceptance or rejection of the Collocation
Cancellation Application within one (1) business day of receipt. Qwest wil 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 wil be based on when Qwest receives the
Collocation Cancellation Application and the completion status of the Collocation
work. A quotation will be issued within thirt (30) Days of Qwesfs acceptance of
the Collocation Cancellation Application.
8.2.1.15.4 Additional Labor - Other. This çharge 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 specifc customer
request.
8.2.1.16 Qwest may retain a' limited amount of floor space for its own specific
future uses, provided, however, that neither Qwest nor any of its Affliates may reserve
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Secion 8
Collocation
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. Owest shall relinquish any
space held for future use before denying a request for Virtual Collocation on the grounds
of space limitations, unless Owest 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
compcarable to and to the same extent that Owest installations and structures meet
earthquake rating requirements as contained in the Network Equipment Building System
(NEBS) - BR GR-63-CORE document. A list of Owest Premises and the applicablerelated earthquake ratings is available for review on the Owest web site at:
http://ww.qwest.comlwholesale/pcat/collocation.html.
8.2.1.18 Owest 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, Owest 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 Owest wil take all reasonable measures to insure that CLEC
equipment collocated in Owest Premises is afforded physical security at Parity
with Owests similarly situated equipment. Should an event occur within a Owest
Premises that suggests vandalism or other tampering with CLEC's equipment,
Owest will, at CLEC's request, vigorously and thoroughly investigate the
situation. CLEC shall cooperate in the investigation as requested by Owest.
Owest wil keep CLEC apprised of the progress of any investigation, and report
any conclusions in a timely manner.
8.2.1.19 Owest 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, sevén (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 Owest Premises. Owest
shall provideCLEC with access to other basic facilties, 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 d,rect access to CLEC's spaCe, or to the nearest restroom facilty from CLEC's
designated space, and such direct access will be outlined during CLEC's orientation
meeting. Access shall not be permitted to any other portion of the building.
8.2.1.21 Nothing herein shall be construed to limit CLEC's abilty to obtain more
than one form of Collocation (i.e., Virtual, Caged, Shared and Cageless Physical
Collocation or ICDF Collocation) in a single Premises, provided space is available.
8.2.1.22 Termination of Collocation Arrangement. CLEC may terminate a
completed Collocation arrangement by a Collocation Decommission or a Collocation
Transfer of Responsibilty. A Collocation site is only eligible for Collocation
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Secton 8
Collocation
Decommission or a Collocation Transfer of Responsibilty 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 submiting 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 thirt (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 wil 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 thirt (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 wil have fifteen (15) Days
to notify Qwest that the equipment is not abandoned and remove its
equipment. If CLEC does not respond to the notification and remove the~,)¡i;~"
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Section 8
Collocation
equipment and Qwest determines that the equipment has been
abandoned, Qwest wil 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 will remove all Collocation entrance facilties.
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
facilties, Qwest wil 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 will be no charge
for the removal of CLEC's Virtual Collocation equipment.
8.2.1.22.1.6 For Collocations with direct CLEC-to-CLEC
connection arrangements, CLEC is required to disconnect and remove
the direct CLEC-to-CLEC connections. 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 thirt (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 wil be treated as abandoned equipment.
8.2.1.22.1.7 CLEC wil 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 wil 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: . 050,' D51, and D53 termination cabling, and fiber
terminations, excluding Collocation entrance facilty 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 decommissioni'g.
8.2.1.22.1.8 CLEC is required to return the space to turnover
condition. Turnover condition is defined as the same condition in which
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Section 8
Collocation
.;, ~-"'- '. "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 thirt (30) Days of receipt of an
accepted Collocation Decommission Application, unless alternative
arrangements have been agreed to by Qwest.
8.2.1.22.1.9 Ordering - CLEC should submit a Collocation
Decommission Application form. Qwest wil notify CLEC within one (1)
business day if the prerequisites have been met. Qwest wil validate the
order within two (2) business days from receipt of the Collocation
Decommission Application. Qwest 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 Billing - Qwest wil not charge for decommissioning
Collocations unless equipment has been abandoned or the Collocation
space has not been retumed 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 wil apply for
unmanned Central Offces and Remote Collocations.
8.2.1.22.2 Collocation Transfer of Responsibilty. Collocation Transfer of ,
Responsibilty 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 Responsibilty is available for Caged Physical Collocation, Cage less
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
Responsibilty 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 Responsibilit
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 Responsibilty is
not available if another CLEC or Qwest are waiting in queue for available
space within the requested Premises; however, if assuming CLE~C
acquires all or substantially all of the Collocation sites of vacating CLEC
in Qwest Premises in the state, such transfers shall not be subject to any
queue for available space. In addition, regardless of any space requests
that may be pending in a Qwest Premises, Collocation Transfer of
Responsibilty shall be available when vacating CLEC and assuming
CLEC are affilated corporate entities prior to or immediately after the
proposed transfer, or the transfer is due to a bankruptcy court order. If
vacating CLEC has filed for bankruptcy, assuming CLEC must comply
with Applicable Law in obtaining the transfer of the Collocation site.
8.2.1.22.2.2 Both vacating CLEC's and assuming CLEC's.Feb 1, 2011/cacJiMacTel/ID/ Agreement Number CDS-110201-0001
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Secton 8
Collocation
Interconnection Agreements with Qwest must contain finalized terms and
conditions for Collocation Transfer of Responsibilty and all associated
services. Assuming CLEC is required to have an Interconnection
Agreement with Qwest prior to submitting a Collocation Transfer of
Responsibilit request. Assuming. CLEC wil need to amend any
previously existing Interconnection Agreement prior to submitting a
Collocation Transfer of Responsibilty 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 Responsibilty 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
Responsibilty prior to initiating any translation activity.
8.2.1.22.2.4 A request for Collocation Transfer of Responsibilty
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. coe. The Collocation site
wil be transferred "as is" and in its entirety. This includes, but is not
limited to, Collocation entrance facilties from the Collocation - Point of
Interface (C-POI) manhole, cables, Splitters, and working circuits, if
applicable. If the Collocation site has a Common Area Splitter Collocation
associated with it, the Common Area Splitter Collocation wil be
transferred as part of the Collocation Transfer of Responsibilty.
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 responsibilty 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 followig 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 wil be restricted from quotation Acceptance until the transfer of the
working circuits is complete. If new connect, change, and disconnect
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Section 8
Collocation
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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
Responsibilty Application has been accepted by Qwest unti assuming
CLEC has accepted the quotation for the Collocation Transfer of
Responsibilty.
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 Offce at the time of the
Collocation Transfer of Responsibility request, then vacating CLEC must
relinquish security access to the building. '
8.2.1.22.2.11 Vacating CLEC's financial obligations to Qwest 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 Responsibilty Application. Vacating CLEC's financial
obligations include payment of one hundrèd percent (100%) of all
nonrecurring charges and all applicable recurring charges for the specific
Collocation account that are more than thirt (30) Days past due.
Vacating CLEC may meet its financial obligations by having them
expressly assumed, in writing, by assuming CLEC and assuming CLEC
pays such obligations at the time it accepts the quotation for Collocation
Transfer of Responsibility.
8.2.1.22.2.12 Assuming CLEC's financial obligations to Qwest
must be in good standing prior to submitting a Collocation Transfer of
Responsibilty 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
Qwest Transfer Authorization Agreement: Qwest Central Office Name,
applicable CLL,.I™ 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.
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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 utilze 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
CLEC must provide an email notification to Qwest with the Collocation..,,'.'
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Section 8
Collocation
Transfer of Responsibilty Application representing that all of its End User
Customers have been property 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 Colloction Transfer of Responsibilty
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 Responsibilty and has received the preliminary
APOT information from Owest. Orders to transfer Local Interconnection
Service (LIS) 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 Responsibilty 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 Owest are all required to
sign the Owest Services Transfer Agreement.
8.2.1.22.2.19 Billing. Vacating CLEC wil not incur charges for the
transfer of the Collocation site. Vacating CLEC is obligated to pay all
recurring charges associated with the Collocation until Owest completes
the Collocation Transfer of Responsibilty 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
Responsibilty, Owest wil begin Biling assuming CLEC for all recurring
charges based on assuming CLEC's Interconnection Agreement and
cease Billng vacating CLEC.
8.2.1.22.3 Abandoned Equipment. If Owest finds, in the course of
business, reasonable evidence to substantiate that any equipment or propert of
CLEC has been abandoned or left unclaimed in or at any Premises, Owest shall
notify CLEC in writing, via an electronic form, of the existence of such equipment
or propert and CLEC shall have sixty (60) Days from the date of receipt of such
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Section 8
Collocation
" -",,~., ,notice to remove such' equipment or propert from the Premises. If Qwest has
not received any response to this notice within thirt (30) Days of the sending of
the notice, Qwest shall send a copy of the notice to CLEC via registered maiL. If,
prior to the termination of the sixt (60) Day period, CLEC disputes that the
equipment or propert has been abandoned or left unclaimed at the Premises,
CLEC shall provide written notice to Qwest of such dispute ("Resolution
Request") and commence Dispute Resolution proceedings pursuant to Section
5.18 of this Agreement. If no Resolution Request has been delivered to Qwest
within sixt (60) Days of the first written notice, all equipment or propert of CLEC
not removed from the Premises shall conclusively be deemed and construed to ,
have been transferred, deeded, and assigned by CLEC to Qwest and may be
appropriated, sold, stored, destroyed and/or otherwise disposed of by Qwest
without further notice to CLEC and without obligation to account therefore, and
CLEC shall reimburse Qwest for all reasonable expenses incurred in connection
with the storage or other disposition of such equipment or propert. 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 Qwest, within thirt (30) Days of the delivery of such Resolution
Request, then thirty (30) Days after the date of the Resolution Request, all
equipment or propert of CLEC not removed from the Qwest Premises shall
conclusively be deemed and construed to have been transferred, deeded, and
assigned by CLEC to 'Qwest and may be appropriated, sold, stored, destroyed
and/or otherwise disposed of by Qwest without further notice to CLEC and
without obligation to account therefore, and CLEC shall reimburse Qwest 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 Qwest from and against any and all costs,
expenses, claims, judgments, damages, liabilty or obligation arising out of or in
connection with Qwests 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 propert in accordance with the
terms of Section 8.2.1.22.1 of this Agreement.
8.2.1.23 Qwest 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 Qwest 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 effcient route and cable racking, Qwest shall consider all information provided by
CLEC in the Collocation Application form, including but not limited to, distance limitations
of the facilties CLEC intends to use for the connection. " CLEC shall have access to the
designated route and construct such connection, using copper, coax, optical fiber
facilities, or any other Technically Feasible method utilizing a vendor of CLEC's own
choosing. CLEC may place its own fiber, coax, copper cable, or any other Technically
Feasible connecting facilties outside of the actual physical Collocation space, subject
only to reasonable NEBS Level 1 safety limitations using the route specified by Qwest.
CLEC may perform such Interconnections at the ICDF, if desired. CLEC may
interconnect its network as described herein to any other collocating Carrier, to any
collocated Affilate of CLEC, to any End User Customer's premises, and may.íl~
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interconnect CLEC's own collocated space and/or equipment (e.g., CLEC's Physical
Collocation and CLEC's Virtual Collocation on the same Premises). CLEC-to-CLEC
Connections shall be ordered either as part of a Collocation Application under Section
8.4, or separately from a Collocation Application in accordance with Section 8.4.7.
CLEC-to-CLEC Cross Connections at an ICDF are available, as followS:
8.2.1.23.1 CLEC-to-CLEC Cross Connections at the ICDF.
8.2.1.23.1.1 CLEC-to-CLEC Cross Connection (COCC-X) is
defined as CLEÇ's capabilty to order a Cross Connection from its
Collocation in a Qwest Premises to its non-adjacent Collocation space or
to another CLEC's Collocation within the same Qwest Premises at the
ICDF.
8.2.1.23.1.2 Qwest wil provide the capabilty to combine these
separate Collocations through an Interconnection Distribution Frame
(ICDF). This is accomplished by the use of CLEC's Connecting Facilty
Assignment (CFA) terminations residing at an ICDF. Also, ICDF Cross
Connections must terminate on the same ICDF at the same service rate
leveL.
8.2.1.23.1.3 If CLEC has its own dedicated ICDF, CLEC is
responsible for ordering tie cables to the common ICDF frame/bay where
the other CLEC resides. These tie cables would be ordered through the
existing Collocation Application form.
8.2.1.23.1.4 CLEC is responsible for the end-to-end service
design that uses ICDF Cross Connection to ensure that the resulting
service meets its End User Customer's needs. This is accomplished by
CLEC using the Design Layout Record (DLR) for the service connection.
8.2.1.23.1.5 If two (2) CLECs are Involved, one (1) CLEC acts as
the "ordering" CLEC. The ordering CLEC identifies both connection
CFAs on the ASR. CLEC requests service order activity by using the
standard ASR forms. These forms are agreed upon nationally at the OBF
(Ordering and 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. Qwest must not reproduce copies for its Customers, as this is a
copyright violation. The standard industry forms .for CLEC-to-CLEC
Cross Connections (COCC-X) are: Access Service Request (ASR),
Special Access (SPE) and Additional Circuit Information (ACI).
8.2.1.24 Qwest wil provide CLEC the same connection to the network as Qwest
uses for provision of servides to Qwest End User Customers. The direct connection to
Qwests network is provided to CLEC through a direct connection to Qwests existing
Cross Connection network. CLEC and Qwest will share the same distributing frames for
similar types and speeds of equipment, where Technically Feasible and space
permitting.
8.2.1.25 CLEC terminations will be placed on the appropriate Qwest Cross
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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 charees.
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
facilty that may cause a power disruption to CLEC equipment located in the Qwest
facilty. This does not include notification of routine power testing or power installation
work not expected to cause a power disruption. Qwest wil use dilgent efforts to notif
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 thirt (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
sixt (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
wil also take a reading within thirt (30) Days of a written request by CLEC. Qwest wil
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
on the reading, Qwest will adjust the new monthly usage rate to CLEC's actual usage.Feb 1, 2011/cacJiMacTel/ID/ Agreement Number CDS-110201-u001
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rate on a going forward basis.
8.2.1.31 Joint Testing. Joint Testing allows CLEC to request Qwest to participate
in Joint Testing of CLEC terminations at the Interconnection Distribution Frame (ICDF).
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 with Qwest. CLEC must provide contact
information on the application for Qwest 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
Qwest and CLEC wil promptly meet and agree upon a date to perform Joint Testing,
which shall take place no later than thirt (30) Days after the request.
8.2.1.31.1 Qwest 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 Part wil provide appropriate test equipment for its
technicians. Qwest wil assist CLEC in conducting continuity tests on
terminations at the ICDF. Qwest wil not operate CLEC test equipment. If errors
are found during the Joint Testing, Qwest wil only repair Qwest 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 Qwest-caused error
rate is more than two percent (2%) on the terminations identified for testing,
Qwest wil not charge for this Joint Testing. If there are less than two percent
(2%) errors found or if the errors found are facilty errors on CLEG provided
facilties, Qwest 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 CLECrequests that the charges be waived because Qwesterrors are found during
Joint Testing, Qwest may access CLEC's Collocation space to identif if the
facilty cabling sequence is correct, per applicable standards. CLEC may review
Qwest facilty cabling at the ICDF to verify the cable sequence, per applicable
standards.
8.2.1.32 DC Power Reduction, Restoration, and Deactivation. DC Power
Reduction With Reservation allows CLEC to reserve a fuse or breaker position on the
power board or battery distribution fuse board (SDFS) 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 Qwest it wishes to discontinue the option. DC Power Reduction
Without Reservation allows CLEC to reduce the ordered amps on a primary or
secondary feed to a minimum of twenty (20) amps. DC Power Off allows CLEC to
deactivate their secondary power feed and remove it from the power distribution point
(e.g., SDFS or power board). A primary power feed with a minimum of 20 Amps, must
be maintained in each collocation at all times, with the exception of Adjacent Collocation,
Common Area Splitter Collocation, Facilty Connected Collocation, and ICDF
Collocation. Adjacent Collocation, Common Area Splitter Collocation, Facilty Connected
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Collocation, and ICDF Collocation do not have a minimum DC power requirement.
8.2.1.32.1 Applications for DC Power Reduction/Restoration/Deactivation
may be submitted only for Collocation sites that have been completed and
accepted by CLEC, otherwse CLEC should follow standard change or augment
procedures including the applicable rates for changes or augments. On the
Collocation Application, CLEC should indicate that it is a request for DC Power
Reduction/Restoration/Deactivation and identify the specific power feeds. Qwest
wil notify CLEC of any deficiencies in the Collocation Application, within ten (10)
Days of receipt. A quotation for the DC Power
Reduction/Restoration/Deactivation wil be provided to CLEC within twenty-five
(25) Days. The quoted nonrecurring charges will be honored for thirt (30) Daysfrom 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 reductionJin DC power. Restoration of the DC
power is contingent upon the desired power and fuse availabilty.
8.2.1.32.3 Before submitting a Collocation Application requesting DC
Power Reduction/Restoration/Deactivation; CLEC's financial obligations for the
Collocation site must be current, with the exception of formally disputed charges.
Biling to CLEC wil be revised to reflect the reduced/restored/eliminated DC
power upon receipt of payment of the quoted charges effective back to the date
of acceptance by Qwest of the Collocation Application.
8.2.1.32.4 If a shortage of fuse positions is imminent, Qwest will notify CLEC
of the need to exercise its option to reuse the power feed and fuse, or relinquish
the fuse position for use by another CLEC or Qwest. Upon receipt of such
notification, CLEC must request restoration of the secondary power feed to at
least twenty (20) amps or return the fuse position to Qwest within thirt (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 Qwest' control ("Qwest Postings") and (b) CLEC controlled sites that
may be posted are available for a Transfer of Responsibilty ("CLEC Postings"). Qwest
and CLECs may post available Collocation sites on Qwests wholesale web site at:
http://ww.gwest.comlwholesale/collocation space.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 thè Qwest
Postings as a basis to claim exhaust in any Qwest Premises.
8.~.1.33.1 CLEC obtaining a Collocation site from Qwest Postings must not.Feb 1, 2011/cacIiMacTei/iDI Agreement Number CDS-11 0201-0001
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have any overdue financial obligations owed to Qwest for Collocation, with the
exception of formally disputed charges. CLEC will be required to pay a minimum
of six (6) months of space construction and floor space lease recurring charges if
CLEC terminates its lease prior to six (6) months occupancy.
8.2.1.33.2 Qwest Postings. Collocation sites available in Qwest Postings
may be partially or fully completed before being returned to Qwest inventory.
Both Caged Physical Collocation and Cageless Physical Collocation sites wil be
offered in the Qwest Postings and wil 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 will be charged for the removal of such cable
terminations.
8.2.1.33.3 All services that were previously connected to the Collocation
(e.g., UNEs, CLEC to CLEC, administrative lines, Finished Services, and Line
Splitting) will 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 (i.e., "Special Sites").
These Collocation sites wil 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 sellng 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 conveyèd
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 ánd Health Act (OSHA) (29 U.S.C. § 651 et seq.);
Comprehensive Environmental Response, Compensation, and Liabilit 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 responsibilty 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 otherwse indicate on the manifest that Qwest is the generator,
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arranger, transporter, owner or otherwse the part 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.
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 wil 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 will receive a fifty percent (50%) discount on nonrecurring reusable
elements, if any, as defined in Section 8.2.1.22.
8.2.1.34 CLEC Collocation of Splitters
8.2.1.34.1 If CLEC elects to have Splitters installed in Qwest Wire Centers
via the standard Collocation arrangements, CLEC wil 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 Offce equipment Collocation set by the FCC. CLEC
wil be responsible for installng and maintaining the Splitters in its Collocation
areas within Qwest Wire Centers.
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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-stencilng, 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 traffc
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
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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 arrngements for connecting the Qwest network to the CLEC
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 carr the voice/data from the ICDF to the CLEC
provided Splitter, and the second pair wil carr 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
wil 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-provided Splitter 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 Offce
Collocation site. The purpose of this Joint Inventory Visit is to review space, power,
terminations, synchronization, administrative lines, virtual equipment, common area
splitter,.ACoutlets, and to verify bilable rate elements versus actual biling.
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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 Facilty POI location. Inventory wil be documented and
any deviations identified on a "Collocation-Joint Inventory Visit Form." This form
wil become the basis for a follow-up corrective action plan based on mutual
agreement. A copy wil be provided to CLEC prior to the wrap-up conference
calL.
8.2.1.35.2 Joint Inventory Visit is available for any Central Office premise
type of Collocation.
8.2.1.35.3 Joint Inventory Visit quotation wil be communicated from the
Qwest Collocation Project Management Center (CPMC) via email to CLEC and
followed by an invoice requiring 100% payment. Quotations are sustainable
upon receipt, since the shortened timeframe requires immediate processing by
Qwest.
8.2.1.35.4 The visits wil be conducted during normal business hours defined
as: Monday through Friday from 8 am to 5 pm local time excluding Qwest
recognized holidays.
8.2.1.35.5 The Qwest employee conducting the visit wil be a knowledgeable
management employee. The Qwest 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 availabilty of both Qwest and the
CLEC.
8.2.1.35.7 A maximum of two scheduling visits wil be planned subject to a
minimum fort-eight (48) hour cancellation policy. Any cancellation less than
fort-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.gwest.com/wholesale/pcat/collocation.html#imp.
8.2.1.35.9 Each site requested wiii 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 Qwest 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, Qwest shall install, maintain,
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and repair collocated equipment within the same time periods and with failure rates that
are no greater than those that apply to the performance of similar functions for
comparable equipment of Qwest.
8.2.2.2 CLEC wil not have physical access to the virtually collocated equipment
in the Qwest Premises. However, CLEC will have physical access to the Demarcation
Point in the Qwest Premises.
8.2.2.3 CLEC wil be responsible for obtaining and providing to Qwest
administrative codes (e.g., common language codes) for all equipment provided by
CLEC and installed in Qwest Premises.
8.2.2.4 CLEC shall ensure that upon receipt of CLEC's virtually collocated
equipment by Qwest, all warranties and access to ongoing technical support are passed
through to Qwest 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 Qwest.
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 Qwest interface
specifications (e.g., electrical, functional, physical and softare) of CLEC's virtually
collocated equipment. Such safety and engineering standards shall apply to CLEC
equipment only to the degree that they apply to Qwest equipment 10cated in Qwests
Premises.
8.2.2.6 CLEC must specify all softare options and associated plug-ins for its.
virtually collocated equipment.
8.2.2.7 CLEC wil be responsible for payment of Qwests initial direct training
charges associated with training Qwest employees for the maintenance, operation and
installation of CLEC's virtually collocated equipment when such equipment is different
than the standard equipment used by Qwest in that Premises. This includes per diem
charges (Le., expenses based upon effective Qwest labor agreements), travel and
lodging incurred by Qwest employees attending a vendor-provided training course.
8.2.2.8 CLEC will be responsible for payment of reasonable charges incurred in
the maintenance and/or repair of CLEC's virtually collocated equipment in accordance
with this Agreement, unless otherwise agreed by the Parties. Notwithstanding the
foregoing, CLEe 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 Qwests fault or negligence.
8.2.3 Terms and Conditions - Caged and Cageless Physical Collocation
8.2.3.1 Qwest shall provide Caged and Cageless Physical Collocation to CLEC
for access to UNEs and ancilary services and Interconnection, except that Qwest may
provide Virtual Collocation if Qwest 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.
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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 Qwest wil design the floor space in the most efficient manner possible
within each Premises that wil constitute "GLEC's leased space. CLEC wil, in
accordance with the other terms and conditions of this Section, have access to its leased
space.
8.2.3.5 When Qwest constructs the collocated space, Qwest wil ensure that the
necessary construction work (e.g., racking, ducting and caging for Caged Physical
Collocation) is performed pursuant to Qwest Technical Publication 77350, including all
construction of CLEC's leased physical space and the riser from the vault to the leased
physical space.
8.2.3.6 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 Qwest. One exception is the Bay itself.
8.2.3.6.1 This Section allows CLEC to request Qwest to procure and install
necessary equipment bay infrastructure for CLEC. CLEC agrees to provide
Qwest with all bay specifications needed to procur~ the proper bay.
8.2.3.6.2 Upon receipt of a complete Collocation Application where the
CLEC has requested that Qwest procure and install the Cageless bay
infrastructure, Qwest wil review the bay specifications provided on the
Application. Within three (3) Days of validation of the application, Qwest wil
contact CLEC with any questions.
8.2.3.6.3 If Collocation Entrance Facilities and space are available, Qwest
wil develop a price quotation within twenty-five (25) Days of completion of the
feasibilty study. Price quotations wil be honored for thirt (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 thirt (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, Qwest 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.
.lJ
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).
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8.2.3.7 Qwest shall permit CLEC to commence installation of its equipment prior
to completion of. Qwests work on the remaining Collocation infrastructure, at no
additional charge to CLEC. Such "early access" date will be negotiated by Qwest and
CLEC on a site specific basis. In order to obtain early access, CLEC must pay eighty
percent (80%) of the remaining fift percent (50%) of the quoted nonrecurring charges
before early access is granted, leaving a holdback of ten percent (10%) of the originally
quoted nonrecurring charges. All appropriate (Le., space and cable racking) recurring
charges will begin on a negotiated date. The enclosure for Caged Physical Collocation
must be complete before early access is granted. Such 'early access by CLEC shall not
interfere with the work remaining to be performed by Qwest.
8.2.3.8 Upon completion of the construction of the Collocation project, Qwest will
work cooperatively with CLEC in matters of joint testing and maintenance.
8.2.3.9 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 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 affidavit attesting that all of that equipment meets or exceeds
the safety standard that Qwest contends CLEC's equipment fails to meet. If such
conditions pose an immediate threat to the safety of Qwest employees, interfere with the
performance of Qwest's service obligations, or pose an immediate threat to the physical
integrity of the conduit system, cable facilties or other èquipment 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 wil be subject to random safety audits conducted by
Qwest. These audits will 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
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Section 8
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immediate 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 facilties, 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.
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 wil be
separated from other CLECs and Qwest space through a cage enclosure. Qwest wil
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 Cage less Physical Collocation in a Wire Center, the minimum square
footage is nine (9) square feet per bay (however, if smaller bays are or become
available, Qwest wil reduce the minimum square footage accordingly). Requests for
multiple bay space will be provided in adjacent bays where possible. When contiguous
space is not available, bays may be commingled with other CLECs' equipment bays.
CLEC may request, through the 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 facilty access to its Collocation space. They include: 1) fiber
Entrance Facilties, 2) purchasing private line or Access Services, 3) Unbundled Network
Elements, and 4) microwave Entrance Facilties. Other Entrance Facilty technologies
may be requested through the BFR process.
8.2.4.2 Collocation Fiber Entrance Facilties. Qwest offers three (3) Fiber
Collocation Entrance Facilty options - Standa"rd Fiber Entrance Facilty, Cross Connect
Fiber Entrance Facilty, and Express Fiber Entrance Facilties. These options apply to
Caged and Cage less Physical Collocation and Virtual Collocation. Fiber Entrance
Facilties provide the connectivity betwen. 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 facilty, except the Express Fiber
Entrance Facilties.
8.2.4.3 CLEC is responsible for providing its own fiber facilties to the C-POI
outside Qwests Wir.e Center. Qwest will extend the fiber cable from the C-POI to a
Fiber Distribution Panel (FOP). Additional fiber, conduit and associated riser structure
wil then be provided by Qwest from the FOP. 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
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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 Facilty which provides that CLEC fiber will be pulled
to CLEC Collocation equipment without splices or termination on an FOP.
8.2.4.3.1 Standard Fiber Entrance Facility -- The standard fiber Entrance
Facilty provides fiber connectvit between CLEC's fiber facilties 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) bufer 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 (FOP). A twelve (12) fiber Interconnection cable is
placed between CLEC's Collocation space and the FOP. The FOP 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 Facilty - The cross connect fiber
Entrance Facilty provides fiber connectivity between CLEC's fiber facilties
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 flexibilty 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 flexibilty in distributing fibers within the Wire
Center and readily supports Virtual and Cage less 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 Facilty - 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 wil designate the location of the C:-POI for Virtual, Caged Physical
orCageless Physical Collocation arrangements.
8.2.4.5 The Collocation Entrance Facilty is assumed to be fiber optic cable and
meets industr standards (GR. 20 Core). Metallc sheath cable is not considered a
standard Collocation Entrance Facilty. 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.
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8.2.4.6 Qwest shall provide an Interconnecton 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
least two (2) entry points pre-exist and duct space is available. Qwest wil not initiate
construction of a second, separate Collocation Entrance Facilty solely for Collocation. If
Qwest requires the construction of a new Collocation Entrance Facilty for its own use,
then the needs of CLECwil also be taken into consideration.
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8.2.4.7 As an alternative to the Fiber Entrance Facilties described above, CLEC
may purchase Qwest Tariffed or cataloged Private Line or Switched Access Services.
8.2.4.8 As an alternative to the Fiber Entrance Facilties described above, CLEC
may purchase unbundled dedicated interoffce transport.
8.2.4.9 Microwave Entrance Facilties. Qwest offers Microwave Entrance
Facilties, on Premises owned or controlled by Qwest, to access CLEC transmission
equipment collocated on or inside the Qwest Premises. The rooftop, duct, conduit, and
riser cable space for Microwave Entrance Facilties is available on a first-come, first-
served basis, where Technically Feasible. CLEC may place its microwave antenna on a
Qwest 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 Qwests
network or access to Qwests Unbundled Network Elements.
8.2.4.9.1 Qwest 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 Qwest 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 wil
be provided by Qwest where Technically Feasible. A weather proof cable entry
hatch or an existing wave-guide hatch or other suitable entrance intothe building
is required. If space is available, CLEC may use an existing cable entry hatch or
a new cable entry hatch will need to be constructed. The cable entry hatch
charges are on a per port used basis.
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8.2.4.9.2 CLEC can perform the determination of line-of-sight feasibilty or
structural analysis or CLEC can request that Qwest perform either of these
fUnctions. CLEC wil submit a Microwave Entrance Facilty Application for each
antenna arrangement and each Qwest Premises requested. A site visit wil
include appropriate Qwest 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 Qwest of
CLEC's Microwave Entrance Facilty Application. If CLEC performs the structural
analysis or line-of-sight feasibility, it shall submit a response regarding its
analysis to Qwest and Qwest wil only bil for an escort fee per site requested. If
either Party disputes the technical feasibilty, space availabilty, or other
conditions proposed by Qwest, the Parties wil promptly petition the Commission
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for resolution of the dispute.
8.2.4.9.3 If Owest performs the feasibilty analysis, a response will be
provided to CLEC within thirt (30) Days of the site visit with the structural
analysis and line-of-sight feasibilit. If the site visit determines that unobstructed
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, Owest will
provide a quotation for the Microwàve Entrance Facilty with the quotation for the
submitted Collocation Application. If CLEC does not submit a Collocation
Application for the Premises within thirt (30) Days following the completion of
the line-of-sight and structural feasibilit analysis or CLEC subsequently cancels
the Collocation Application, CLEC wil be billed 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 Owests assistance is
required in order for CLEC to obtain necessary licenses or permits, Owest wil
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. Owest wil do all building penetration
and Owest wil install the coaxial cable or wave-guide/transmission facilit 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 facilties
shall not physically, electronically, or inductively interfere with the existing Owest
or other CLECs' equipment. Each transmitter individually and all transmitters
collectively, for Owest, Owest Afliates and CLECs, at a given location shall
comply with appropriate federal, state, and local regulations goveming the safe
levels of RF radiation.
8.2.4.9.6 Upon expiration or termination of the Collocation arrangement or
the Microwave Entrance Facilty, CLEC shall return the antenna space to its
original condition. CLEC shall repair any damages caused by removal of its
microwave equipment, or by the use, operation or placement of its microwave
equipment on the Premises. If CLEC performs the foregoing, Owest shall
impose no charges on CLEC for such work. In the event CLEC fails to remove
its microwave equipment, CLEC shall be liable tQ Owest for all reasonable costs
of removal, restoration of the propert, storage, and transportation to CLEC of
such microwave equipment incurred by Owest.
8.2.5 Terms and Conditions - ICDF Collocation
8.2.5.1 Interconnection Distribution Frame (ICDF) Collocation is available if
CLEC has not obtained Caged or Cage less Physical Collocation, but requires access to
Owests Wire Center for combining Unbundled Network Elements, Finished Services,
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.-~-';'. ¡'.'including local Interconnection trunks, and ancilary services. ICDF Collocation provides
CLEC with access to the Interconnection Distribution Frame, where Owest wil terminate
the Unbundled Network Elements, Finished Services and ancilary 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
and conditions described for other types of Collocation in this Section. There are
multiple frames that could be used for ICDF Collocation including, but not limited to, the
following: a) existing Interconnection Distribution Frame (ICDF); b) existing DSX panels
for DS1 and DS3 services; c) new Interconnection Distribution Frame; d) existing toll
frame; e) fiber distribution panel; and, f) existing intermediate frame. Owest-provided
combinations in accordance with Sections 9.1 and 9.23.3.7 are not provided by Owest in
CLEC's ICDF Collocation space.
8.2.5.2 All Owest terminations on the Interconnection Distribution Frame wil be
given a frame address. Owest wil establish and maintain frame address records for
Owest terminations. Owest 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. Owest 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 Owest controlled environmental vault, controlled environmental
hut, or similar structures on or under Owest owned, leased or otherwise controlled
propert contiguous to a Owest Premises, to the extent Technically Feasible. Adjacent
Collocation in an existing structure shall be ordered as Physical Collocation. Adjacent
Remote Collocation in an existing structure shall be ordered as Remote Collocation.
8.2.6.1.1 Alternatively, if no such structure described above exists, CLEC
may choose to construct or procure a structure to place on or under Owest
owned, leased or otherwise controlled property contiguous to a Owest Premises.
Such adjacent structure shall be in accordance with Owests design and space
planning for the site. CLEC may propose the design for the adjacent structure,
subject to Owests approvaL. Owest will review the building and propert plans
for the new structure within thirt (30) Days.
8.2.6.1.2 CLEC shall own such structure, subject to a reasonable ground
space lease. If CLEC terminates its Adjacent Collocation space, Owest shall
have the right of first refusal to such structure under terms to be mutually agreed
upon by the Parties. In the event Owest declines to take the structure or terms
cannot be agreed upon, CLEC may transfer such structure to another CLEC for
use for Interconnection and or access to UNEs. Transfer to another CLEC shall
be subject to Owests approval, which approval shall not be unreasonably
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withheld. If no transfer of ownership occurs, CLEC is responsible for removal of
the structure and returning the propert to its original condition.
8.2.6.2 Qwest shall provide written authorization for use of Qwests propert to
CLEC or CLEC's contractor, to the extent that Qwest owns or controls such propert, to
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 utilty easements and
public/private rights of way arrangements, CLEC and Qwest are each responsible for
insuring their respective facilties information (housing locations, cable paths, etc.) is
communicated to OneCall/Blue Stakes-type entities, as appropriate.
8.2.6.3
facilties.
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 propert that can be reasonably made available to CLEC for
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 wil 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 feasibilty (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 (i.e., shelf, relay
rack, etc.).
8.2.8 Terms and Conditions - Facilit Connected (FC) Collocation
8.2.8.1 Facilty Connected (FC) Collocation provides access via an Entrance
Facilty if CLEC does not need to collocate equipment in the Wire Center but requires
access for Interconnection or access to UNEs, ancillary services and Finished Services.
CLEC 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.
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Section 8
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8.2.8.2 Owest 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 facilty assignments (CFAs) from CLEC's alternative point of termination
(~POT) form.
8.2.8.3 FC Collocation is available with the following configurations:
8.2.8.3.1 Copper Entrance Facilty for termination and Cross Connection
to appropriate Digital Service Level 0 (DSO) and Digital Service Level 1 (DS1)
UNE services. If utiized for DS1 UNEs, CLEC must transmit a Trunk Level 1
(T1) templated signal over the copper facilty. DS1 copper Entrance Facilities wil
be wired to a DS1 office repeater to remove line voltage before terminating on
the DSX paneL. Owest wil 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
Facilties and wil require protection units (Le., line voltage isolation equipment) on
standard connector blocks on the distribution frame. Owest wil 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 Facilty 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 CLEC 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 utilzed, space
permitting, Owest wil 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 installng 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
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Owests inabilty to obtain Splitters from vendors, if acting as purchasing agent on behalf
ofCLEC.
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 will carr both voice and data traffc 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. The voice and data traffc wil
be separated at the Splitter, and the separated voice and data traffc wil be routed to the
ICDF via separate tie cables (Le., the second and third tie cables). At the ICDF, the data'
traffic wil be routed to CLEC's Collocation area via a fourth tie cable, and the voice
traffc 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 Owest 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 Owests 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 will apply. New Splitter shelves may be ordered with an existing Collocation by
submitting a new Collocation Application and the applicable fee. Standard intervals as
contained in Exhibit C will apply.
8.2.9.6 Splitter Deployment
8.2.9.6.1 New applications for installation of Splitters wil be processed in
the manner outlined in the Collocation Section for Cageless Collocation.
8.2.9.6.2 CLEC may submit applications for additional DSO tie cable
terminations and/or reclassification to support UNE or other services. Owest wil
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 wil be thirt (30) Days, subject to the
following terms and conditions identified below:
8.2.9.6.3.1 The interval for reclassification wil be afteen (15)
Days, subject to the following terms' and conditions. If the requested
reclassification engineering results in additional requirements' for DSO tie
cable terminations or tie cable support, the interval will default to thirt
(30) Days.
8.2.9.6.3.2 In the event CLEC, or Owest acting as purchasing agent
for CLEC, is unable to procure any equipment needed to complete all
work required by applications submitted to Owest by CLEC, including but
not limited to, Splitters or cabling, Owest wil install the subject equipment
when it becomes available. If Owest is acting as purchasing agent for
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CLEC and is unable to procure equipment to complete all work in a timely
manner, CLEC may provide Qwest with the subject equipment. CLEC
will be notified by Qwest of the required material on-site date for the
affected Wire Center(s) and CLEC wil have two (2) business days to
determine if it wil be able to provide the subject equipment in advance of
the material on-site date. If CLEC does not notify Qwest in writing of its
intent to provide the subject equipment within this two (2) business day
period, or if the subject equipment is not provided in a timely manner,
Qwest 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 verif 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. 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 request
to augment existing Collocations, including, without limitation, adding/removing
cables and adding/removing terminations.
8.3.1.4 Collocation Entrance Facility Charge. Provides for the fiber optic cable (in
increments of 12 fibers) from the C-POI utilzing 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 Cageless Physical Collocation). The Collocation Entrance
Facilty includes manhole, conduitlinnerduct, placement of conduitlinnerduct, fiber cable,
fiber placement, splice case, a splice frame, fiber distribution panel, and relay rack.
Charges apply per fiber pair. Express Fiber Entrance Facilty does not include fiber
cable, splice case, a splice frame or fiber distribution paneL. Microwave Entrance Facilty
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 quantit of -48 volt
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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
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 accss 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
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e) Fiber Distribution Panel
f) Existing Intermediate Frame
8.3.1.11.1.2 The ICDF is the test access point. It would notbe
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
wil apply as contained in Exhibit A of this Agreement. When CLEC
provides the cabling, Collocation Termination rates, on a per termination
basis, will apply as contained in Exhibit A of this Agreement. When CLEC
provides and installs the tie cables, blocks and terminations on the ICDF,
no Collocation Termination rates wil apply.
8.3.1.11.2 Direct Connection
8.3.1.11.2.1 Direct Connectfon provides an uninterrupted path
from the Collocation space to an existing frame. This option will
guarantee that there wil 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 wil 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 will receive an Alternate Point of Termination
(APOT) form so that it may order Finished Services and UNEs. CLEC will
be responsible for augmenting terminations as required. The Direct
Connection APOT information must be provided on the ASR or LSR to
insure that the services are designed to the dedicated path.
8.3.1.11.2.2 CLEC's termination point wil require a CLLI code
(e.g., Frame Number) and the dedicated tie pairs wil require a unique
name to enable automatic assignment through TIRKS™and SWITCHTM
via Carrier Facilties Address (CFA) methods.
(~*~~~9.Úti 8.3.1.11.2.3 If CLEC wishes to arrange terminations on a 2-wire
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POTS level cross connect device of the modular type, i.e. 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 will be required. MELDTM runs wil be required for the initial
COSMICTM plan and each subsequent block addition. 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
MELOTM runs shall be prorated among the parties, including Qwest.
Minimum installation requires at least one (1) block for every two (2)
outside plant modules. A one-half (%) shelf of block capacity must be
reserved for future block space.
8.3.1.11.2.4 Requests for terminations at a DSO, OS 1, DS3 and
optical level (non-POTS) may also be made directly to the respective
frame or panel (i.e., toll frame, DSX, FOP, etc.). Direct Connections to
these frames do not require MELDTM runs and short jumper engineering
principals, as with the COSMICTM frame. However these connections wil
require coordination between Qwest 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 availabilty. wil be determined during the
feasibilty request phase of the order. Rates for Direct Connection
Terminations wil be on an ICB basis using rates defined in Exhibit A.
8.3.1.11.3 Terminations must be purchased in the following increments:
DSO in blocks of one hundred (100) or per termination; DS1 in increments of
twenty-eight (28) or per termination; and DS3 in increments of one (1) coaxial
cable termination or fiber in twelve (12) fiber strands (six (6) fiber pairs).
8.3.1.12 Security Charge. This charge applies to the keys/card and card readers
required for CLEC access to the Qwest Premises for the purpose of Collocation. There
are two monthly recurring rate elements associated with Security Access. The first rate
element is per access card, per CLEC employee, per month. The second rate element
is the number of card accssible premises, per CLEC employee, per month, as included
in Exhibit A to this Agreement.
8.3.1.13 Composite Clock/Central Ofce Synchronization. Recovers the cost of
providing composite clock and/or DS1 synchronization signals traceable to a stratum
one source. CLEC must determine the synchronization requirements for CLEC's
equipment and notify Qwest of these requirements when ordering the clock signals.
Central Offce Synchronization is required for Virtual Collocation involving digital services
or connections. Synchronization may be required for analog services. Central Office
Synchronization is available where Qwest Central Offces are equipped with Building
Integrated Timing Supply (BITS). The rate is applied on a per Port basis in accordance
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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
from the local power distribution bay to the leased physical space (for Caged or
Cageless Physical Collocation) or to the collocated equipment (for Virtual Collocation). It
is charged per foot, per A and B feeder. .,
8.3.1.15 Space 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 will be assessed for Virtual
Collocation connections and cable holes, if applicable. There wil be recurring charges
for cable racking.
8.3.1.17 Microwave Entrance Facilty - The charges for Microwave Entrance
Facilty include the recurring and nonrecurring charges associated with preliminary
rooftop engineering and survey analysis, Premises structural analysis and line of sight
feasibilty, 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.
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. 8.3.1.19 DC Power Reduction Restoration and Deactivation Rates: CLEC wil be
charged the applicable nonrecurring Quote Preparation Fee (QPF) or Engineering and
Design Fee and the DC Power Reduction or DC Power Restoration fee per Collocation
request. 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
wil 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 will be charged a
nonrecurring charge for moves between the battery distribution fuse board and the
power board (for location changes) necessary for DC power reduction/restoration.
When Power is turned off or deactivated on a secondary power feed nonrecurring
charges (Le. Power off wil be assessed for the work required to disconnect the power
feed from the power distribution point. 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 completès for the power feed or CLEC returns the fuse position to Qwest.
If Qwest is unable to provide the requested power restoration of the heldfeed(s) due to
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exhaustion of power capacity, Qwest wil refund all Power Maintenance Charges
collected since the reservation was accpted.
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 will 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
approved QPF will be charged as defined in Exhibit A. CLEC ordering a Special Site, in
addition to the standard Collocation rates, will also be charged a nonrecurring NetWork
Systems Administration Fee for the systems and record updates required to transfer the
Collocation Site to assuming CLEC and, if a site survey is requested by CLEC, a Site
Survey Fee. Any CLEC equipment left in the site will be transferred to assuming CLEC
at no charge. Recurring charges for all products and services 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 perforni 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 timeof 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 will perform maintenance and/or repair work upon receipt of the replacement
maintenance spare and/or equipment from CLEC. A call-out of a maintenance
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 mor,e than one (1) CLEC in the same
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I~:.':. :Î 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 IndividualCase Basis. No Equipment Bay Charge is assessed if CLEC provides its own
equipment bay.
8.3.2.4 Engineering Labor. Provides the planning and engineering of CLEC
virtually collocated equipment at the time of installation, change or removaL.
8.3.2.5 Installation Labor. Provides for the installation, change or removal of
CLEC virtually collocated equipment.
8.3.2.6 Floor Space Lease. Required for Virtual Collocation only in the instance
where CLEC provides its own equipment bay. This rate element provides the monthly
lease for the space occupied by CLEC-provided equipment bay, including propert taxes
and base operating cost without -48 volt DC power. Includes convenience 110 AC, 15
¡3mp electrical outlets provided in accordance with local codes and may not be used to
power transmission equipment or -48 volt DC power generating equipment. Also
includes maintenance for the leased space; provides for the preventative maintenance
(climate controls, filters, fire and life systems and alarms, mechanical systems, standardHVAC); biweekly housekeeping services (sweeping, spot cleaning, trash removal) of
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 specifc
racking. This element has recurring and nonrecurring charges.
8.3.3 Rate Elements - Physical Collocation
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8.3.3.1 Space Construction and Site Preparation. Includes the material and labor
to construct and prepare the space, including all support structure, cable racking and
lighting required to set up the space. It also includes air conditioning (to support CLEC
loads specified), lighting (not to exceed 2 watts per square foot), and convenience
outlets (3 per Caged or Cage less Collocation or number required by building code) and
the cost associated with space engineering. If a new line,,up is established for Cageless
Collocation, an AC power outlet will be provided at every other bay in the line-up.
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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 matenal to a single collocating part, and Qwest
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. Qwest 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 Collocàtion 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 Cage less single-bay
. configuration. The incremental matenal 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 wil 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 Qwest 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. Recurnng and nonrecurnng charges are
assessed per foot to CLEC's equipment.
8.3.3.5 Equipment Bay. Provides mounting space for CLEC collocated
equipment in a 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
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necessary for heat dissipation, is limited to seventy-eight (78) inches.
8.3.3.6 Spacers: Provides for cost associated with procuring and installing
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 offce environment height.
8.3.4 Rate Elements - ICDF Collocation
8.3.4.1 Rate elements for ICDF Collocation include security, QPF, DSO circuit
legs, DS 1 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
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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
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 Qwest personnel on a
metropolitan service area basis provided by the vendor of CLEC's virtually
remote collocated equipment when that equipment is different from Qwest-
provided equipment.
8.3.7 Rate Elements - CLEC-to-CLEC Connections
8.3.7.1 The charges for CLEC-to-LEC Connections are addressed in Section
8.3.1.16.
8.3.8 Rate Elements - Facilty Connected (FC) Collocation
8.3.8.1 Rate elements for Facilty Connected (FC) Collocation include: QPF or
Planning and Engineering; copper entrance facilty; 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 Fe Collocation Application and the type of Entrance
Facilty requested.
i
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 reclassifcation of existing tie cable capacity, by among
other things, reclassification of existing tie cables, frame re-stencilng, 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 Qwest to perform additional
testing, and Qwest may decide to perform the requested testing on a case-by-case
basis. A nonrecurring charge wil apply in accordance with Exhibit A.
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, " ~ . '.' "-.~j 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 Qwest on behalf of CLEC. This charge wil cover the cost of the
Splitter, plus any associated costs incurred by Qwest to order the Splitter.
8.3.9.6 Engineering - A nonrecurring charge will àpply 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
.fI
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,
terrs,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, mustbe submitted with a revised Collocation Application. For purposes of this section,
Material Changes are changes that would significantly impair Qwests abilty 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
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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) Accptance of Quotation.
8.4.1.4 CLEC shall submit an annual forecast, updated at the end of each
quarter, of its future Collocation requirements. The quarterly forecast shall be reviewed
by CLEC and the Qwest account team. CLEC's forecast shall be considered accurate
for purposes of Collocation intervals if the subsequent Collocation Application correctly
identifies a) and e) below, and b) and c) below are wfthin 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
affècting 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, Cage less Physical,Shared,
ICDF, Virtual, etc.);
f)
g)
h)
Intentionally Left Blank;
Entrance Facilty Type (e.g., Express Fiber, Private Line);
,
Type and Quantity of Terminations (optional); and
i) Month or Quarter, during or after which CLEC expects to submit its
Collocation Application.
8.4.1.4.1 The following terms shall apply to the forecasting process:
a) CLEC forecasts shall be provided as detailed in Section
8.4.1.4;
b) CLEC forecasts shall be Confidential Information and Qwest
may not distribute, disclose or reveal, in any form, CLEC forecasts other
than as allowed and described in subsections 5.16.9.1 and 5.16.9.2.
8.4.1.5 CLEC shall submit a Collocation Application to order Collocation at a
particular Qwest Premises. A Collocation Application shall be considered complete, if it
contains:
a) Identification of the Qwest Premises;
b) Floor space requirements, including the number of bays for a Cageless
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Collocation arrangement;
c) Power requirements;
d) Heat dissipation;
e) Type of Collocation (e.g., Caged Physical, Cageless Physical, Shared,
Virtual, etc.);
f) Collocated equipment and technical equipment specifications
(manufacturer make, model no., functionality Le., cross connect, DLC, OS LAM ,
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 Facilty type;
h) Type and quantity of terminations;
i) If desired, an alternate form of Collocation if the first choice is not
available; and
j) Billng 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 fif percent (50%) of quoted charges.
8.4.1.7 Collocation Space Reservation - allows CLEC to reserve space and
identify, to the extent available, infrastructure incidental to that space such as power and
HVAC, in a Qwest Premises for up to one (1) year for transmission equipment (ATM and
DSLAM), three (3) years for circuit switching equipment, and five (5) years for power
equipment. CLEC may reserve space in a particular Qwest Premises through the
Collocation Space Reservation Application Form. Requests for contiguous space will be
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8.4.1.7.1 Collocation Space Reservation Application - Upon receipt of the
Collocation Space Reservation Application Form, Qwest will provide space
feasibilty within ten (10) Days.
8.4.1.7.2 Collocation Space Reservation Quotation -If space is available,
Qwest wil provide a specific pnce 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
nonrecurring charges wil be sent to CLEC within twenty-five (25) Days from the
Collocation Space Reservation Application receipt.
8.4.1.7.2.1 Collocation Space Reservation Acceptance. CLEC
must electronically submit Acceptance or non-Acceptance of the
quotation within seven (7) Days of receipt of the quotation. If CLEC
submits the Acceptance between eight (8) and thirt (30) Days of receipt
of the quotation, Qwest wil honor the reservation upon receipt of the
payment only if Qwest does not receive a competing request for the same
space from another CLEC. Qwest wil not honor reservations if CLEC
submits the Acceptance more than thirt (30) Days after receipt of the
quotation.
8.4.1.7.3 Upon receipt of the twenty-five percent (25%) payment, Qwest
will reserve the space on behalf of CLEC in accordance with the Collocation
Space Reservation Application and take the necessary steps to ensure the
availabilty of power, HVAC and other components reflected on the Collocation
Space Reservation Application. Qwest 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 penod. Upon notification of the cancellation, Qwest 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 will be
returned to CLEC.
b) Cancellation notification within ninety-one (91) and one hundred and
eighty (180) Days from receipt of wire transfer, fift percent (50%) of the
initial down payment will be returned to CLEC.
c) Cancellation notification within one hundred and eighty-one (181) and
two hundred and seventy (270) Days from receipt of wire transfer, twenty-
five percent (25%) of the initial down payment wil be returned to CLEC.
d) Cancellation notifcation 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.
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":;.;';.8.4.1.8 Collocation Space Option
8.4.1.8.1 CLEC, Qwest and Qwest Affliates may option space in Qwest
Wire Center Premises in accordance with the terms of this Section 8.4.1.8 for the
following equipment and time periods:
a) Transmission equipment - one (1) year
b) Circuit switching equipment - three (3) years
c) Power plants - five (5) years
8.4.1.8.2 Optioned space is offered to CLECs for Caged, Cageless, and
Virtual Collocation. To promote fairness and prevent warehousing, the following
limits apply:
a) The Party requesting the option may specify the amount of
space to be optioned but not a specific location within the Wire Center.
CLEC may also request space be contiguous to its existing Collocation
space.
b) A requesting CLEC may option one (1) Collocation space per
Wire Center.
c) The maximum amount of space per Wire Center to be
optioned is:
- two hundred (200) square feet for Caged Collocation
-' four (4) bays for Cageless and Virtual Collocation
8.4.1.8.3 The Collocation Space Option Application form wil 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 Qwest 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
Qwest. Upon receipt of the Collocation Space Option Application form, Qwest
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, Qwest 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
Qwest takes an option on space for itself, Qwest 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
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portion of the Option Fee, Owest wil 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 pnoritization of optioning wil be based
upon the date and time of the Acceptance. The earlier in time an Acceptance is
received by Owest, the higher in priont is such option. The option is limited to
space only and does not include other elements required to provision the
Collocation.
8.4.1.8.6 In order for an option request to avoid expiration, CLEC must:
a)
or
Submit a Collocation Application dunng 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 prionty 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 part) for a Owest Wire Center in which all
available space has been occupied or optioned, the following provisions for First
Right of Refusal will apply:
8.4.1.8.7.1 All Owest out of space reporting requirements apply
to the Collocation Application (Sections 8.2.1.11 and 8.2.1.1"2). In
addition, Owest wil provide CLEC A with option space information (e.g.,
Caged and Cageless optioned space) that may fulfill the requirements of
CLEC A's. Collocation Application. At CLEC A's request, Owest wil
initiate the option enforcement notice process by notifying the option part
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 part that Owest is in possession of a valid Collocation
Application, and calls for the option part to exercise its Right of First
Refusal, or relinquish its space option. The option part 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
penod, whichever is earlier) to fulfll the Collocation Application. Once
optioned space has been relinquished for use to fulfil the Collocation
Application, thé standard ordering terms and conditions for Collocation
shall apply.
8.4.1.8.7.3 Where contiguous space has been optioned, Owest
wil make its best effort to notify CLEC if Owest, its Affliates or other
CLECs require the use of CLEC's contiguous space. Upon notification,
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.... -. .-:;-;. ~~,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
processing of application, feasibilty, 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 part proceeds with a Collocation
Application for optioned space, all payments made pursuant to Section
8.4.1.8.7 .4(b) above shall be applied to such Collocation Application.
8.4.1.9 The intervals for Virtual Collocation (Section 8.4.2), Physical Collocation
(Section 8.4.3), and ICDF Collocation (Section 8.4.4) apply to a maximum of five (5)
Collocation Applications per CLEC per week per state. If six (6) or more Collocation
Applications are submitted by CLEC in a one (1) week period in the state, intervals shall
be individually negotiated. Owest 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
8.42.1 Application -- Upon receipt. of a complete Collocation Application as
described in Section 8.4.1.5, Owest w.i1 perform a feasibilty 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 will be provided within ten (10) Days of receipt
of a complete Collocation Application. As part of the feasibilty study, Owest wil also
notify CLEC of any known circumstance that may delay delivery of the ordered
Collocation space and related facilties.
8.4.2.1.1 If Owest determines that the Collocation Application is not
complete, Owest shall notify, CLEC of any deficiencies within ten (10) Days of the
Collocation Application. Owest shall provide sufficient detail so that CLEC has a
reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises, CLEC must cure any deficiencies
in its Collocation Application and resubmit the Collocation Application within ten
(10) Days after being advised of the deficiencies.
..
8.4.2.2 Ouotation - If Collocation Entrance Facilties and space are available,
Owest will develop a price quotation within twenty-five (25) Days of completion of the
feasibilty study. Subsequent requests to augment an existing Collocation also require
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receipt of a Collocation Application. Adding plug-ins, e.g., DS1 or DS3 cards to existing
virtually collocated equipment, will be processed and provisioned within ten (10)
business days. Virtual Collocation price quotations will be honored for thirt (30) Days
from the date the quotation is provided. During this period the Collocation Entrance
Facility and space are reserved pending CLEC's Accptance 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 Owest wil begin.
8.4.2.4 Interval - The interval for Virtual Collocation shall vary depending upon
four (4) factors: 1) whether the request was forecasted in accordance with Section
8.4.1.4 or the space was reserved, in accrdance with Section 8.4.1.7; 2) whether CLEC
provides its Acceptance within seven (7) Days receipt of the quotation; 3) whether CLEC
delivers its collocated equipment to Owest in a timely manner, which shall mean within
fift-three (53) Days of the receipt of the complete Collocation Application; and 4)
whether the Collocation Application requires major infrastructure additions or
modifications. The installation of line cards and other minor modifications shall be
performed by Owest on shorter intervals and in no instance shall any such interval
exceed thirty (30) Days. When Owest is permitted to complete a Collocation installation
in an interval. that is longer than the standard intervals set forth below, Owest shall use
its best efforts to minimize the extension of the intervals beyond such standard intervals.
8.4.2.4.1 Forecasted Applications with Timely Acceptance - If a
Collocation Application is included in CLEC's forecast at least sixty (60) Days
prior to submission of the Collocation Application, and if CLEC provides a
complete Acceptance within seven (7) Days of receipt of the Owest Collocation
quotation, and if all of CLEC's equipment is available at the Owest Premises no
later than fift-three (53) Days after receipt' of the complete Collocation
Application, Owest shall complete its installation of the Collocation arrangement
within ninety (90) Days of the receipt of the complete Collocation Application. If
CLEC's equipment is not delivered to Owest within fift-three (53) Days after
receipt of the complete Collocation Application, Owest shall complete the
Collocation installation within fort-five (45) Days of the receipt of all of CLEC'sequipment. .~
8.4.2.4.2 Forecasted Applications with Late Acceptance - If a Premises is
included in CLEC's forecst at least sixt (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance more than
seven (7) Days but less than thirt (30) Days after receipt of the Owest
Collocation quotation, and if all of CLEC's equipment is available at the Owest
Premises no later than fif-three (53), Days after' receipt of the complete
Collocation Acceptance, Owest shall complete its installation of the Collocation
arrangement within ninety (90) Days of the receipt of the complete Collocation
Acceptance. If CLEC's equipment is not delivered to Owest within fift-three (53)
Days after receipt of the complete Collocation Acceptance, Owest shall complete
the Collocation installation within fort-five (45) Days of the receipt of all of
CLEC's equipment. If CLEC submits its Acceptance more than thirt (30) Days
after receipt of the Owest quotation, the Collocation Application shall be
resubmitted by CLEC;
8.4.2.4.3 Unforecasted Applications with Timely Acceptance - If a
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Collocation
c':_;:~(t)Premises is not included in CLEC's forecast at least sixt (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
fift-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 fift-three (53) Days after
receipt of the complete Collocation Application, Qwest shall complete the
Collocation installation within seventy-five (75) Days of the receipt of all of
CLEC's equipment.
8.4.2.4.4 Unforecasted Applications with Late Acceptance - If a Premises
is not included in CLEC's forecast at least sixt (60) Days prior to submission of
the Collocation Application, and if CLEC provides a complete Acceptance more
than seven (7) Days but less than thirt (30) Days after receipt of the Qwest
Collocation quotation, 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 fift-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 fif-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 fift (150) Days after receipt of the complete Collocation Application.
The need for, and the duration of, an extended interval shall be provided to
CLEC as a part of the quotation. CLEC may dispute the need for, and the
duration of, an extended interval, in which case Qwest must request a waiver
from the Commission to obtain an extended intervaL.
8.4.2.4.6 Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space. - If CLEC's forecast or reservation triggers the
need for an infrastructure modification, Qwest shall take the steps necessary to
ensure that it 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.
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Section 8
Collocation
8.4.3 Ordering - Caged and Cageless Physical Collocation
8.4.3.1 Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.1.5 Qwest will perform a feasibilty 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 feasibilty study wil be provided within ten
(10) Days from date 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 facilties.
8.4.3.1.1 If Qwest determines that the Collocation Application is not
complete, Qwest shall notif 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 ofthe deficiencies.
8.4.3.2 Quotation -- If Collocation Entrance Facilties and space are available,
Qwest wil develop a quotation for the supporting structure. Qwest will complete the
quotation no later than twenty-five (25) Days of providing the feasibilty study. Physical
Collocation price quotations wil be honored for thirt (30) Days from the date the
quotation is provided. During this period, the Collocation Entrance Facilty and space is
reserved pending CLEC's Acceptance of the quoted charge~.
8.4.3.3 Acceptance -- Upon receipt of a complete Collocation Acceptançe, as
described in Section 8.4.1.6 space wil be reserved and construction by Qwest wil 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.
8.43.4.1 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 sixt (60) Days prior to submission of the
Collocation Application, and if CLEC provides a complete Acceptance more than
seven (7) Days but less than thirt (30) Days after receipt of the Qwest
Collocation quotation, Qwest shall complete its installation of the Collocation
arrangement within ninety (90) Days of the receipt of the complete Collocation
Acceptance. If CLEC submits its Acceptance more than thirt (30) Days after
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Collocation
~ i.' '_;'".~receipt of the Owest 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 sixt (60) Days prior to
submission of the Collocation Application, and if CLEC provides a complete
Acceptance within seven (7) Days after receipt of ..the Owest Collocation
quotation, Owest shall complete its installation of the Collocation. arrangement
within one hundred and twenty (120) Days of the receipt of the completeCollocation Application. .
8.4.3.4.4 Unforecasted Applications with Late Acceptance -If a Premises
is not included in CLEC's forecast at least sixt (60) Days prior to submission of
the Collocation Application and if CLEC provides a complete Acceptance more
than seven (7) Days but less than thirt (30) Days after receipt of the Owest
Collocation quotation, Owest shall complete its installation of the Collocation
arrangement within one hundred and twenty (120) Days of the receipt of the
complete Collocation Acceptance.
8.4.3.4.5 Intervals for Major Infrastructure Modifications Where No
Forecast is Provided - An unforecasted Collocation Application may require
Owest to complete. major infrastructure 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, Owest shall propose to complete
its installation of the Collocation arrangement within an interval of no more than
one hundred and fift (150) Days after receipt of the complete Collocation
Application. The need for, and the duration of, an extended interval shall be
provided to CLEC as a part of the quotation. CLEC may dispute the need for,
. and the duration of, an extended interval, in which case Owest must request a
waiver from the Commission to obtain an extended intervaL. .
8.4.3.4.6 Major Infrastructure Modifications where CLEC Forecasts its
Collocation or Reserves Space. If CLEC's forecast or reservation triggers the
need for an infrastructure modification, Owest shall take the steps necessary to
ensure that it wil meet the intervals set forth in Sections 8.4.3.4.1 and 8.4.3.4.2
when CLEC submits a Collocation Application. If not withstanding these efforts,
Owest is unable to meet the interval and cannot reach agreement with CLEC for
an extended interval, Owest may seek a waiver from the Commission to obtain
an extended intervaL. .
8.4.4 Ordering - Interconnection Distribution Frame (ICDF) Collocation
8.4.4.1 Application -- Upon receipt of a complete Collocation Application as
described in Section 8.4.1.5, Owest wil perform a feasibilty study to determine if
adequate space can be found for the placement and operation of CLEC's terminations
within the Wire Center. The feasibilty study wil be provided within ten (10) DaysJrom
date of receipt of a complete Collocation Application. As part of the feasibilty study,
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Section 8
Collocation
Qwes! wil also notify CLEC of any known circumstance that may delay delivery of the
ordered Collocation space and related facilties. CLEC may submit an ICDF forecast in
accordance with Section 8.4.1.4. The forecast shall include demand by DSO, DS1 and
DS3 capacities that will be terminated on the Interconnection Distribution Frame by
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 notif 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.
8.4.4.2 Quotation - If space is available, Owest wil develop a quotation for the
supporting structure. Qwest wil complete the quotation no later than twenty-five (25)
Days of providing the feasibilty study. ICDF Collocation price quotations wil be honored
for thirty (30) Days from the date the quotation is provided. During this period, the space
is reserved pending CLEC's Acceptance of the quoted charges.
8.4.4.3 Acceptance -- Upon receipt of a complete Collocation Acceptance, as
described in Section 8.4.1.6, space will be reserved and construction by 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 fòrth 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 sixt (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, Owest shall
complete its installation of the Collocation arrangement within forty-five (45) Days
of the receipt of the complete Collocation Application.
8.4.4.4.2 Forecasted Applications with Late Acceptance -If a Premises is
included in CLEC's forecast at least sixt (60) Qays prior to submission of theCollocation Application, and if CLEC provides a complete Acceptance more than
seven (7) Days but less than thirt (30) Days after receipt of the Qwest
Collocation quotation, Qwest shall complete its installation of the Collocation
arrangement within fort-five (45) Days of the receipt of the complete Collocation
Acceptance. If CLEC submits its 'Acceptance more than thirt (30) days after
receipt of the Qwest quotation, the Collocation Application shall be resubmitted
byCLEC.
Feb 1, 2011/cacliMacTel/ID/ Agreement Number CDS-110201-D001
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Collocation
8.4.4.4.3 Unforecasted Applications with Timely Acceptance - If a
Premises is not included in CLEC's forecast at least sixt (60) Days prior to
submission of the Collocation Application, and if CLEC provides a complete
Acceptance within seven (7) Days after receipt of the Owest Collocation
quotation, Owest shall complete its installation of the Collocation arrangement
within 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
Owest must request a waiver from the Commission.
8.4.4.4.4 Unforecasted Applications with Late Acceptance - If a Premises
is not included in CLEC's forecast at least sixt (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
re.conditioned. 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
8.45.1 If space for Phy.sical Collocation in a particular Owest Premises is not
available at the time of CLEC's request, CLEC may request Owest to conduct a
feasibilty 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 propert. 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.
8.45.2 If a new structure is to be constructed, the intervl 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
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Section 8
Collocation
Qwest 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 8.45.1 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).
Qwest will perform a feasibilty study to determine if adequate cable racking can be
found for the placement of CLEC's copper, coax, or fiber optic cable, or any other
Technically Feasible method used to interconnect CLEC's collocated equipment that is
in separate locations in the same 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 suffcient detail so that CLEC has a
reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises, CLEC must cure any deficiencies
in its Collocation Application and resubmit the Collocation Application within ten
(10) Days after being advised of the deficiencies.
8.4.7.2 Quotation -- If existing cable racking is available, Qwest will provide
CLEC with a quotation and the specifc cable rack route to Ci.EC with the feasibilty
study. If additional cable racking is required to accommodate CLEC's' request, Qwest
shall provide a feasibilty and quotation to CLEC no later than ten (10) Days of receipt of
Collocation Application. CLEC-to-CLEC Connection quotations wil be honored for thirt
(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 Acceptal'ce -- 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 wil 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 n'ew cable rack by Qwest shall
be within sixt (60) Days of the receipt of the complete Collocation Acceptance. If CLEC
submits its Acceptance more than thirt (30) Days after receipt of the Qwest quotation,
the Collocation Application shall be resubmited by CLEC.
Feb 1, 20111cacliMacTeillDI Agreement Number CDS-110201-0001
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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 j), Qwest wil perform a feasibilty 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 completeCollocation Application. '
8.4.8.1.1 If Qwest determines that the Collocation Application is not
complete, Qwest shall notify CLEC of any deficiencies within ten (10) Days of the
Collocation Application. Qwest shall provide suffcient detail so that CLEC has a
reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises, CLEC must cure any deficiencies
in its Collocation Application and resubmit the Collocation Application within ten
(10) Days after being advised of the deficiencies.
8.4.8.2 Quotation - If existing cable racking is available, Qwest wil provide CLEC
with a quotation and the specific cable rack route with the feasibilty study. If additional
cable racking is required to accommodate CLEC's request, Qwest shall provide a
quotation to CLEC no later than ten (10) Days after receipt of a complete Collocation
Application. Direct Connection quotations wil be honored for thirt (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, Qwest wil
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 COSMIC™frame requiring a
MELD™and or if new cable racking is required.
8.48.4.1 If CLEC provides a complete Acceptance within thirt (30) Days
of receipt of the Qwest Collocation quotation, Qwest shall complete its installation
of the Direct Connection above the DSO level where no new cable racking is
required within thirt (30) Days of the receipt of the complete Collocation
Acceptance. If Direct Connection is required at the DSO level, to the COSMICTM,
or if new cable racking needs to be installed, Qwest wil provision the direct
trunking within sixt (60) Days of the receipt of the complete Collocation
Acceptance..Feb 1, 2011/cacliMacTeIlID/ Agreement Number CDS-110201-0001
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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 wil perform a feasibilty study. The feasibilty study
wil be provided within ten (10) Days of receipt of a complete Collocation Application. As
part of the feasibilty study, Qwest wil also notif CLEC of any known circumstance that
may delay delivery of the ordered Collocation space and related facilties.
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 suffcient detail so that CLEC has a
reasonable opportunit 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
feasibilty study. Facilty Connected Collocation 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.
8.4.9.3 Acceptance .. Upon receipt of a complete Collocation Acceptance, as
described in Section 8.4.1.6, space will be reserved and construction by 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 Facilty to Qwests C-
POI in a timely manner, which shall mean within fift-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 will provide
FC Collocation ninety (90) Days from Acceptance. CLEC must have its Entrance Facility
at the C-POI no later than fift-three (53) Days after Qwest receives the complete
Collocation Application. If CLEC's Entrance Facilty 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 fort-five (45) Days of the completion and availabilty
of CLEC's Entrance Facilty at the C-POI.
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8.5.1 Biling - All Collocation
Section 8
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 fift percent (50%)
balance, Qwest wil activate CLEC transport services and/or UNEs or ancilary services
coincident with completion of the 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 Distnbution
Frame), Qwest wil bil an adjusted amount of the remaining nonrecurring balance, close
the job, and begin Billing the monthly recurring rent charge. In those instances where
the job is delayed due to CLEC not having its fiber to the POI, 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 will 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 Cageless Physical Collocation
8.5.3.1 Payment for the remaining nonrecurring charges shall be upon the RFS
date. Upon completion of the construction activities and payment of the remaining
nonrecurnng 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.
,
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Collocation
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.
8.6.1.3 Upon failure of CLEC's virtually collocated equipment, Qwest wil 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 transporttion and delivery of maintenance spares to
Qwest at the Premises housing the failed equipment. CLEC is responsible for
purchasing and maintaining a supply of spares.
8.6.2 Physical Collocation
, 8.6.2.1 CLEC is responsible for the maintenance and repair of its equipmentlocateå 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 jumpèr wire and tools for
such operations. Qwest is responsible for the overall repair and maintenance .of the
frame; including horizontal and vertical mounting positions, cable raceways, rings, and
troughs, and general housekeeping of the frame.
8.6.4 Adjacent Collocation and Adjacent Remote Collocation
8.6.4.1 CLEC is responsible for the maintenance and repair of its equipment
located within CLEC's Adjacent Collocation and Adjacent Remote Collocation space.
8.6.5 Facilty Connected (FC) Collocation
8.6.5.1 Qwest wil be responsible for an Maintenance and Repair of FC
Collocation facilties from the C-POI into and within the Wire Center, and for the
associated Interconnect.ion, ancilary 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 wil order and install additional Splitter cards as necessary to
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;;(:.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 Offce equipment set by the FCC in its March 31,
1999 Order in CC Docket No. 98-147.
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Section 9
Unbundled Network Elements
SECTION 9.0 - UNBUNDLED NETWORK ELEMEN,TS
9.1 General Terms
9.1.1 Changes in law, regulations or other "Existing Rules" relating to Unbundled
Network Elements (UNEs), including additions and deletions of elements Qwest is required to
unbundle and/or provide in a UNE Combination, shall be incorporated into this Agreement by
amendment pursuant to Section 2.2. CLEC and Qwest agree that the UNEs identified in
Section 9 are not exclusive and that pursuant to changes in FCC rules, the Bona Fide Request
Process, or Special Request Process (SRP), CLEC may identify and request that Qwest furnish
additional or revised UNEs to the extent required under Section 251 (c)(3) of the Act. Failure to
list a UNE herein shall not constitute a waiver by CLEC to obtain a UNE subsequently defined
by the FCC.
9.1.1.1 UNEs shall only be obtaiined for the provision of Telecommunications
Services, which do not include telecommunications utilzed by CLEC for its own
administrative use.
9.1.1.2 CLEC may not access UNEs for the exclusive provision of Mobile
Wireless Services or Interexchange Services.
9.1.1.3 If CLEC accesses and uses a UNE consistently with Section 9.1.2, CLEC
may provide any Telecommunications Services over the same UNE.
9.1.1.4 To submit an order to obtain a high capacity Loop or transport UNE,
CLEC must undertake a reasonably dilgent inquiry and, based on that inquiry, self-
certify that, to the best of its knowledge, its request is consistent with the requirements
discussed in Sections lV, V, and Vi of the Triennial Review Remand Order and that it is
therefore entitled to unbundled access to the particular Network Elements sought
pursuant to Section 251(c)(3) of the Act. As part of such reasonably dilgent inquiry,
CLEC shall ensure that a requested unbundled DS1 or DS3 Loop is not in a Wire Center
identified on the list provided by Qwest of Wire Centers that meet the applicable non-
impairment thresholds as specified in Section 9.2, and that a requested unbundled DS1,
DS3 and/or dark fiber transport circuit UNE is not between Wire Centers found identified
on the list of Wire Centers that meet the applicable non-impairment threshold as
specified in Section 9.6.
9.1.1.4.1 Upon receiving a request for access to a dedicated transport or
high-capacity loop UNE that indicates that the UNE meets the relevant factual
criteria discussed in sections V and Vi of the Triennial Review Remand Order,
Qwest must immediately process the request. To the extent that Qwest seeks to
challenge any other such UNEs, it subsequently can raise that issue through the
dispute resolution procedures provided for in this Agreement.
9.1.1.4.2 Intentionally Left Blank
9.1.1.4.3 Additional Non-Impaired Wire Centers. When Qwest files a
request(s) to add additional Wire Center(s) to the Qwest Non-impaired Wire
Center list, Qwest 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
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Section 9
Unbundled Network Elements
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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. Qwest
and CLEC wil work together to identif those circuits impacted by such change.
9.1.1.4.3.1 Length of Transition Period for Additional Non-Impairment
Designations.
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9.1.1.4.3.1.1 When a wire center meets additional DS1 and DS3
loop or high capacity transport UNE non-impairment as described
in Section 9.1.1.4.3, CLEC wil have ninety (90) Days from the
effective date to transition the applicable Non-Impaired Facilties
to an alternative service.
9.1.1.4.3.1.2 When a wire center meets additional Dark Fiber
transport non-impairment as described in Section 9.1.1.4.3, CLEC
will have one-hundred and eighty (180) Days from the effective
date to transition to an alternative arrangement. The Parties 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 Qwest 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 Qwest as of
that date, but which Qwest is not obligated to unbundle, shall be
available for lease from Qwest 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 Qwest 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 Qwest Non-impaired Wire Center list,
any Dark Fiber Dedicated Transport UNEs that CLEC leases from
Qwest as of that date, but which Qwest is not obligated to
unbundle, shall be available for lease from Qwest 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 Qwest Non-
impaired Wire Center list.
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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
biH adjustment for the time period for which the facilties were in
place wil be applied to each account based on the Biling
Telephone Number (BTN) and/or Circuit (CKT) identification
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Section 9
Unbundled Network Elements
number per Billing Account Number (BAN) with an effective bil
date as of the effective date on which the Commission adds the
Wire Center to the Qwest Non-impaired Wire Center list.
9.1.1.4.3.2.4 For high capacit loops and high capacity transport
UNE transitions, Qwest will assess the non-recurring charge
contained in the appropriate Tariff. No additional non-recurring
charges apply for the trnsition, other than ass non-recurring
charges if applicable. Qwest shall not impose any recurring or
nonrecurring ass charges unless and until the Commission
authorizes Qwest to impose such charges and/or approves
applicable rates at the completion of appropriate cost docket
proceedings.
9.1.1.4.3.2.4.1 When Qwests tariff rate exceeds
$25, Qwest wil provide a clearly identified lump sum credit
within three (3) billing cycles that results in an effective net
non-recurrng 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 thirt
(30) Days to convert such UNEs to alternate service arrangements and CLEC is subject
to back billing 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 servces;
b) Enhanced or Information services;
c) Features or functions not offered for resale on a stand-alone basis or
separate from basic Exchange Service; and
d) Network Elements offered pursuant to Section 271.
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9.1.1.8 CLEC may Commingle UNEs and combinations of UNEs with wholesale
services and facilities (e.g., switched and special access services offered pursuant to
Tariff, and request Qwest to perform the necessary functions to provision such
Commingling. CLEC wil be required to provide the CFA (Connecting Facilty
Assignment) of CLEC's network demarcation (e.g., Collocation or multiplexing facilties)
for each UNE, UNE Combination, or wholesale service. when requesting Qwest to
perform the Commingling of such services. Qwest shall not deny access to a UNE on
the grounds that the UNE or UNE Combination shares part of Qwests network with
access serVices.
9.1.1.8.1 When a UNE and other service are Commingled, the service
interval for each facilty being Commingled wil apply only as long as a unique
provisioning process is not required for the UNE or service due to the
Commingling. Performance measurements and\or remedies do not apply to the
total Commingled arrangement but do apply to each facilty 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
facilty or service.
9.1.1.8.2 Qwest wil not combine or Commingle services or Network
Elements that are offered by Qwest solely pursuant to Section 271 of the
Communications Act of 1934, as amended, with Unbundled Network Elements or
combinations of Unbundled Network Elements.
9.1.1.8.3 Services are available for Commingling only in the manner in
which they are provided in Qwests applicable product Tariffs, catalogs, price
lists, or other Telecommunications Services offerings.
9.1.1.8.3.1 Entrance Facilties and mid-span meet SPOI obtained
pursuant to Section 7 of this Agreement are not available for
Commingling.
9.1.1.9 Ratcheting. To the- extent that CLEC requests Qwest to commingle a
UNE or a UNE Combination with one or more facilties or services that CLEC has
obtained at wholesale from Qwest pursuant to a method other than unbundling under
Section 251 (c)(3) of the Act, Qwest wil not be required to bil that wholesale circuit at
multiple rates, otherwise known as ratcheting. Such commingling wil not affect the
prices of UNEs or UNE Combinations involved.
tllY
9.1.1.9.1 To the extent a multiplexed facilty is included in a Commingled
circuit then: (1) the multiplexed facilty will 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 facilty wil be ordered and biled pursuant to the
appropriate Tariff.
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9.1.1.10 Service Eligibilty Criteria. The following Service Eligibilty Criteria apply
to combinations and/or Commingling of high capacity (OS1 and OS3) Loops and
interoffce transport (high capacit 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 Netwrk Elements and Combinations of Unbundled
Network Elements wihout 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 Eligibilty 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 facilty 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 OS1 circuit, each OS1 EEL, and
each OS1-equivalent circuit on a OS3 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 OS1 circuit must have at least one (1) local telephone number
and each OS3 circuit has at least twenty-eight (28) local telephone .
numbers. The origination and termination of local voice traffc on each
local telephone number assigned to a circuit shall not include a toll charge
and shall not require dialing special digits beyond those normally required
for a local voice calL.
9.1.1.10.2.4 911 or E911. Eachcircuit to be provided to each End User
Customer wil have 911 or E911 capability prior to the provision of service
over that circuit.
9.1.1.10.2.5 Collocation.
a) Each circuit to be provided to each End User Customer wil
terminate in a Collocation arrangement that is established pursuant to
Section 251(c)(6) of the Act and located at Qwest' 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;
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b) Each circuit to be provided to each End User Customer wil
terminate in a Collocation arrangement that is located at the third 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
facilty,. the multiplexed facilty 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 traffc, those arrangements cannot be attributed
toward satisfaction of this criterion. At a minimum, each DS1 circuit must
be served by a DSO equivalent LIS trunk in the same LATA as the End
User Customer served by the circuit. For each twenty-four (24) 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 Calling Part Number. Each circuit to be provided
to each End User Customer wil be served by an Interconnection
trunk over which CLEC wil transmit the Callng Part Number in
connection with calls exchanged over the trunk. For each twenty-
four (24) DS1 EELs or other facilties having equivalent capacity,
CLEe wil have at least one (1) active DS1 LIS trunk over which
CLEC wil transmit the Callng Part Number in connection with
calls exchanged over the trunk. If the Callng Party Number is not
exchanged over an Interconnection trunk, that trunk shall not be
counted towards meeting these criteria.
9.1.1.10.2.7 End Offce Switch. Each circuit to be provided to each End
User Customer will be served by an End Offce Switch capable of
switching local voice traffc. CLEC must certify that the switching
equipment is either registered in the LERG as a Class 5 Switch or that it
can switch local voice traffc.
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9.1.1.10.3 CLEC must provide certification to Qwest .through a certifcation
letter, or other mutually agreed upon communication, that each individual high
capacity loop in combination, or Commingled, with a Qwest-provided high
capacity transport facilty or service, meets the Service Eligibilty Criteria set forth
above before Qwest wil provision or conVert the high capacity facilty in
combination or Commingled.
9.1.1.10.4 CLEC's high capacity combination or Commingled facilty Service
Eligibilty shall remain valid only so long as CLEC continues to meet the Servce
Eligibilty Criteria set forth above. If CLEC's Service Eligibilty on a given high
capacity combination or Commingled facilty is no longer valid, CLEC must
submit a service order converting the facilty to the appropriate private
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line/special access service within thirt (30) Days.
9.1.1.10.5 Service Eligibilty Audits. In order to confirm reasonable
compliance with these requirements, Qwest may perform Service Eligibilty
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 Eligibilty Audit to ascertain whether those high
capacity facilities were eligible for UNE treatment at the time of
Provisioning or conversion and on an ongoing basis thereafter.
9.1.1.10.5.2 CLEC shall make reasonable efforts to cooperate with any
Service Eligibilty Audit by 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 facilties meet the Service Eligibility
Criteria.
9.1.1.10.5.3 An independent auditor hired and paid for by Qwest shall
perform any Service Eligibilit Audits, provided, however, that if a Service
Eligibilty Audit reveals that CLEC's high capacity combination and
Commingled facilty circuit(s) do not meet or have not met the Service
Eligibilty 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
Eligibilty Audit.
9.1.1.10.5.4 An independent auditor must perform its evaluation in
accordance with the standa'rds established by the American Institute for
. Certified Public Accountants (AI CPA) and during normal business hours,
unless there is a mutual agreement otherwise.
9.1.1.10.5.5 Qwest shall not exercise its Service Eligibilty Audit rights
with respect to CLEC (excluding Affliates), more than once in any
calendar year, unless an audit finds non-compliance. If a Service
Eligibilty Audit does find non-compliance, Qwest shall not exercise its
Service Eligibilty Audit rights for sixt (60) Days following that audit, and if
any subsequent Service Eligibilty Audit does not find non-compliance,
then Qwest shall not exercise its Service Eligibilty Audit rights for the
remainder of the calendar year.
9.1.1.10.5.6 At the same time that Qwest provides notice of a Service
Eligibilty Audit to CLEC under this paragraph, Qwest shall send a copy of
the notice to the Federal Communications Commission.
9.1.1.10.5.7 Service Eligibility Audits conducted by Qwest for the
purpose of determining compliance with Service Eligibilty Criteria shall
not effect or in any way limit any audit or Dispute Resolution rights that
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Qwest may have pursuant to other provisions of this Agreement.
9.1.1.10.5.8 Qwest shall not use any other audit rights it may have
under this Agreement to audit for compliance with the Service Eligibilty
Criteria of this Section. Qwest shall not require a Service Eligibilty Audit
as a prior prerequisite to Provisioning combination and Commingled
facilties.
9.1.1.10.5.9 CLEC shall maintain appropriate records to support its
Service Eligibilty Criteria. However, CLEC has no obligation to keep any
records that it does not keep in the ordinary course of its business.
9.1.1.10.5.10 If a Service Eligibilty Audit demonstrates that a high
capacity combination and Commingled facilties do not meet the Service
Eligibilty Criteria above, the CLEC must convert all non-compliant circuits
to private line/special access circuits and CLEC must true-up any
difference in payments within thirt (30) days.
9.1.2 Qwest shall provide non-discriminatory access to Unbundled Network Elements
on rates, terms and conditions that are non-discriminatory, just and reasonable. The quality of
an Unbundled Network Element Qwest provides, as well as the access provided to that
element, wil be equal between all Carriers requesting access to that element; second, where
Technically Feasible, the access and Unbundled Network Element provided by Qwest will be
provided in "substantially the same time and manner" to that which Qwest provides to itself or to
its Affliates. In those situations where Qwest does not provide access to Network Elements to
itself, Qwest wil provide access in a manner that provides CLEC with a meaningful opportunity
to compete. For the period of time Qwest provides access to CLEC to an Unbundled Network
Element, CLEC shall have exclusive use of the Network Element, except when the provisions .
herein indicate that a Network Element will be shared. Notwithstanding the foregoing, Qwest
shall provide access and UNEs at the service performance levels set forth in Section 20.
Notwithstanding specific language in other sections of this Agreement, all provisions of this
Agreement regarding Unbundled Network Elements are subject to this requirement. In addition,
Qwest shall comply with all state wholesale service quality requirements.
9.1.2.1 If facilties are not available, Qwest wil build facilties dedicated to an End
User Customer if Qwest would be legally obligated to build such facilties to meet its
Provider of Last Resort (POLR) obligation to provide basic local Exchange Service or its
Eligible Telecommunications Carrier (ETC) obligation to provide primary basic local
Exchange Service. CLEC wil be responsible for any construction charges for which an
End User Customer would be responsible. In other situations, Qwest does not agree
that it is obligated to build UNEs, but it 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, Qwest wil follow the same
process that it would follow for an equivalent retail service to determine if
assignable facilties exist that fit the criteria necessary for the service requested.
If available facilties are not readily identified through the normal assignment
process, but facilties 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
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facilit work (Le., conditioning, place a drop, add a Network Interface Device, and
other routine network modifications as described below) in order to complete
facilties to the End User Customer's premises.
9.1.2.1.2.1 Owest shall make all routine network modifications to
unbundled Loop and transport facilties used by CLEC where the
requested loop or transport facilty has already been constructed. Owest
shall perform these routine network modifications to unbundled Loop or
transport facilities in a non-discriminatory fashion, without regard to
whether the Loop or transport facilty beind accessed was constructed on
behalf, or in accordance with the specications, of any carrier.
9.1.2.1.2.2 A routine network modification is an activity that
Owest regularly undertkes for its own retail End User Customers.
Routine network modifications include, but are not limited to, rearranging
or splicing of cable; adding an' equipment case; adding a doubler or
repeater; adding a smart jack; installng a repeater shelf; adding a line
card; deploying a new multiplexer or reconfiguring an existing multiplexer;
and attaching electronic and other equipment that Owest 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 facilty. 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 facilties are
identified for the UNE requested, Owest wil look for existing engineering job
orders that could fil the request in the future. If an engineering job currently
exists, Owest wil add CLEC's request to that engineering job and send CLEC a
jeopardy notice. Upon completion of the engineering job, Owest will send CLEC
another FOC with a new Due Date. If facilties are not available and no
engineering job exists that could fill the request in the future, Owest wil treat
CLECs request as follows:
9.1.2.1.3.1 For UNEs that meet the requirements set forth in
Section 9.1.2.1, CLEC wil receive a jeopardy notice. Owest will initiate
an engineering job order for delivery of primary service to the End User
Customer. When the eng.ineering job is completed, CLEC wil receive
another FOC identifing a new Due Date when the Loop will be ready for
installation. Upon receipt of the second FOC, CLEC can request a
different Due Date by submitting a supplernental 'order to change the Due
Date to a later date.
9.1.2.1.3.2 For UNEs that do not meet the requirements in
Section 9.1.2.1, Owest wil send CLEC a rejection notice canceling the
LSR or ASR. Upon receipt of the rejection notice, CLEC may submit a
request to build UNEs pursuant to Section 9.19 of this Agreement.
9.1.2.1.4 Owest wil provide CLEC notifcation of major Loop facilty builds
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Section 9
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through the ICONN database. This notification shall include the identification of
any funded outside plant engineering jobs that exceeds one hundred thousand
dollars ($100,000) in total cost, the estimated Ready for Service Date, the
number of pairs or fibers added, and the location of the new facilties (e.g.,
Distribution Area for copper distribution, route number for copper feeder, and
termination CLLI codes for fiber). CLEC acknowledges that Owest does not
warrant or guarantee the estimated Ready for Service Dates. CLEC also
acknowledges that funded Owest outside plant engineering jobs may be modified
or cancelled at any time.
9.1.2.1.5 Intentionally Left Blank.
9.1.3 Intentionally Left Blank.",
9.1.4 Owest wil provide a connection between Unbundled Network Elements and a
Demarcation Point. Such connection is an Interconnection Tie Pair (ITP). An ITP is required for
each Unbundled Network Element or ancillary service delivered to CLEC. The ITP provides the
connection between the Unbundled Network Element and the ICDF or other Central Offce
Demarcation Point. The ITP is ordered in conjunction with a UNE. The charges for the ITP are
contained in Exhibit A. The ITP may be ordered per termination. The Demarcation Point shall
be:
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.
Owest wil provide CLEC with the same features, functions and capabilties of a particular
element or combinations of elements that Owest provides to itself. Owest wil provide CLEC
with all of the features and functionalities of a particular element or combination of elements
(regardless of whether such combination of elements is ordered from Owest in combination or
as elements to be combined by CLEC), so that CLEC can provide any Telecommunications
Services that can be offered by means of such element or combination of elements. Owest wil
provide Unbundled Network Elements to CLEC in a manner thát allows CLEC to combine such
elements to provide any Telecommunications Services. Owest shall not in any way restrict
CLEC's use of any element or combination of elements (regardless of whether such
combination of elements is ordered from Owest in combination or as elements to be combined
by CLEC) except as Owest may be expressly permitted or required by Existing Rules.
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9.1.6 Except as set forth in Section 9.23, the UNE Combinations Section, Owest
provides UNEs on an individual element basis. Charges, if any, for testing pursuant to this
paragraph are contained in Exhibit A to this Agreement.
9.1.6.1 When elements are provisioned by Owest on an individual element basis
(whether or not such elements are combined by CLEC with other elements provided by
Owest or CLEC):
a) Owest wil perform testing necessary or reasonably requested by CLEC,
to determine that such UNE is capable of meeting the technical parameters
established for each UNE.
b) Owest wil repair and maintain such element to ensure that UNE
continues to meet the technical parameters established for each UNE. CLEC is
responsible for the end-to-end transmission and circuit functionality testing for
UNE Combinations created by CLEC.
c) Owest wil cooperate with CLEC in any Technically Feasible testing
necessary or reasonably requested by CLEC to assist in determining end-to-end
transmission and circuit functionality of such UNE.
9.1.6.2 When elements are provisioned by Owest in combination: .
a) Owest wil perform testing necessary or reasonably requested by CLEC
to determine that such combination and each UNE included in such combination
is capable of meeting the technical parameters of the combination.
b) .. Owest wil repair and maintain such combination and each UNE
included in such combination to ensure that si.ch UNE continues to meet the
technical parameters of the combination.
c) Owest wil cooperate with CLEC in any Technically Feasible testing
necessary or reasonably requested by CLEC to. determine end-to-end
transmission and circuit functionality of such combination.
9.1.7 Installation intervals for Unbundled Netwrk Elements are contained in Exhibit C.
9.1.8 Maintenance and repair is described herein. The repair center contact telephone
numbers are provided in the PCAT, which is located on the Owest web site. .
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9.1.9 In order to maintain and modemize 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 Interoperabilty pursuant to applicable FCC rules. Changes that affect network
Interoperability include changes to local dialing from seven (7) to ten (10) digit, area code splits,
and new area code implementation. FCC rules are contained in C.F.R. Parts 51 and 52. Qwest
provides such disclosures on an Internet web site.
9.1.10 Channel Regeneration. Qwests design wil ensure t~e 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 T1.1 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 c 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 Qwests regular business hours. Overtime or premium rates apply.
c) Additional labor - other - work not included in "additional labor - installation"
above that involves labor only, including testing and maintenance that are not part of
initially requested installation or maintenance, or, for example, for Optional Testing when
CLEC reports trouble and provides no test results and authorizes Qwest to 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 availabilty of necessary
qualified Qwestpersonnel ànd test equipment at test locations, which normally include
the Qwest Central Office and may include CLEC's specified location. Tests include, but
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are not limited to, loop back, attenuation, intermodulation, phase jitter, noise, delay,
echo, and frequency shif tests. Basic, overtime, or premium rates apply.
e) Non-scheduled testing - performing specifc tests requested by CLEC as
described above under "cooperative testing" or "manual testing" on a non-scheduled
basis. Tests include, but are not limited to, loss, noise, slope, delay, and echo. Such
tests are performed as the result of a repair request and are in addition to tests required
to isolate and repair trouble. Basic, overtime, or premium rates apply.
f) Cancellation - cancellation of a pending order for the installation of services at
any time prior to notification by Qwest that service is available for use. The cancellation
date is the date Qwest receives notice from CLEC that the order is cancelled. If CLEC
or CLEC's End User Customer is unable to accept service within thirt (30) Days after
the original Due Date, the order wil be cancelled by Qwest. 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.
h) Dispatch - 1) information provided by CLEe, 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 facilties; and 3) a Qwest
technician(s) is dispatched and CLEC or CLEC's End User Customer is not available or
ready.
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 will
accommodate CLEC's request for an expedited installation if it can do so without
delaying Due Dates or orders of other CLECs or End User Customers. Charges for
expedited installations are in addition to nonrecurring charges for the service ordered.
Prices for this miscellaneous service are market-based, using Qwests Tariffed,
cataloged, price listed, or other similarly documented prices, and are subject to change.
D Maintenance of Servicerrrouble Isolation - work performed by Qwest whenCLEC reports trouble to Qwest and no trouble is found in Qwesfs facilties. CLEC is
responsible for payment of charges when the trouble is in equipment or systems
provided bya part(ies) other than Qwest. Additionally, when CLEC reports trouble
within a quantity of services and circuits, but fails to identif 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
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scheduled work period is subject to a minimum charge of four (4) hours. Failure of
Qwest personnel to find trouble in Qwest facilties will result in no charge if the trouble is
subsequently found in those facilties. Charges apply per Qwest 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.
9.1.13
9.1.14
Intentionally Left Blank.
Intentionally Left Blank.
9.1.15 Expedite requests for designed Unbundled Network Elements are available.
Expedites are requests for intervals that are shorter than the interval defined in Qwests Service
Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates. When expedites are approved,
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. Expedite charges wil
apply to Unbundled Network Elements orders based on the rates described in Exhibit A.
9.1.15.1 CLEC wil request an expedite for designed Unbundled Network
Elements, including an expedited Due Date, on the Local Service Request (LSR) or the
Access Service Request (ASR), as appropriate.
9.1.15.2 The request for an expedite wil be allowed only when resources are
available and the request meets the criteria outlined in the Pre-Approved Expedite
Process in Qwests Product Catalog for expedites at Qwests wholesale web site.
9.1.16 Intentionally Left Blank.
9.2 Unbundled Loops
9.2.1 Description
The Unbundled Loop is defined as a transmission facilty between a distribution frame (or its
equivalent) in a Qwest Central 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 facilty. Those features, functions, and capabilities include, but are not limited
to, attached electronics that are necessary for the full functionality of the loop (except those
electronics used for the provision of Advanced Services, such as Digital Subscriber Line Access
Multiplexers), and line conditioning. The Unbundled Loop includes DSO, DS1, and DS3 Loops.
9.2.1.1 Loop Demarcation Point - For purposes of this Section, Loop
Demarcation Point is the point where Qwest owned or, controlled facilties cease, and
CLEC, End User Customer, owner or landlord ownership of facilties begins.
9.2.1.2 FTTH and FTTC Loops. For purposes of this Section, a Fiber-to-the-
Home (FTH) loop is a local Loop consisting entirely of fiber optic cable, whether dark or
lit, and serving an End User Customer's premises, or, in the case of predominantly
residential multiple dwellng units (MDUs), a fiber optic cable, whether darkor lit, that
extends to the MDU's minimum point of entry (MPOE): For purposes of this Section, a
Fiber-to-the-Curb (FTC) loop is a local loop consisting of fiber optic cable connecting to
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a copper distribution plant loop that is not more than 500 feet from the End User
Customer's premises or, in the case of predominantly residential MDU, not more than
500 feet from the MDU's MPOE. The fiber optic cable in a FTTC must connect to a
copper distribution plant loop at a serving area interface from which every other copper
distribution Subloop also is not more than 500 feet from the respective End User
Customer's premises.
9.2.1.2.1 FTH/FTC New Builds. Qwest shall have no obligation to
provide access to an FTH/FTC 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 facilit.
9.2.1.2.2 FTTH/FTC 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 facilty. Notwithstanding the foregoing, where Qwest
deploys a FTTH/FTC 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/FTTC loop to
a 64 kbps transmission path capable of voice grade service.
9.2.1.2.3 Retirement of Copper Loops or Copper Subloops and
Replacement with FTH/FTC 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 replaqament on its web site
(ww.qwest.com/disclosures); (ii) provide e-mail notice of such planned
retirement to CLECs; and (ii) provide public notice of such planned replacement
to the FCC. Such notices shall be in addition to any applicable state Commission
notification that may be required. Any such notice provided to the FCC shall be
deemed approved on the ninetieth (90th) Day after the FCC's release of its public
notice of the filing, unless an objection is filed pursuant to the FCC's rules. In
accordance with the FCC's rules: (i) CLEC objection to a Qwest notice that it
plans to replace any copper Loop or copper Subloop with a FTTH/FTTC Loop
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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
which the FCC releases public notice of the filng, unless the FCC rules
otherwise within that period.
9.2.1.3 Hybrid Loops. A "Hybrid Loop" is an Unbundled Loop composed of both
fiber optic cable, usually in the feeder plant, and copper wire or cable, usually in the
distribution plant.
9.2.1.3.1 Broadband Services. When CLEC seeks access to a Hybrid
Loop for the provision of broadband services, including DS1.or DS3 capacity, but
not DSL, Qwest shall provide CLEC with non-discriminatory access on an
unbundled basis to time division multiplexing features, functions, and capabilties
of that Hybrid Loop, only where impairment has been found to exist to establish a
complete transmission path between Qwests Central Office and an End User
Customer's premises. This access shall include access to all features, functions,
and capabilities of the Hybrid Loop that are not used to transmit packetized
informatlon.
9.2.1.3.2 Narrowband Services. When CLEC seeks access toa Hybrid
Loop for the provision of narrowband services, Qwest may either: .
a) Provide non-discriminatory access, on an unbundled basis, to
an entire Hybrid Loop capable of voice-grade service (i.e., equivalent to
DSO capacity), using time division multiplexing technology; or
b) Provide non-discriminatory access to a spare home-run copper
loop serving that End User Customer on an unbundled basis.
9.2.1.4 Intentionally Left Blank.
9.2~2 Terms and Conditions
9.2.2.1 Qwest shall provide CLEC, on a non-discriminatory basis, Unbundled
Loops (unbundled from local switching and transport) of substantially the same quality
as the Loop that Qwest uses to provide service to its own End User Customers. For
Unbundled Loops that have a retail analogue, Qwest wil provide these Unbundled
Loops in substantially the same time and manner as Qwest provides to its own End User
Customers. Unbundled Loops shall be provisioned in accordance with Exhibit C and the
performance metrics set forth in Section 20 and with a minimum of service disruption.
,l
9.2.2.1.1 Use of the word "capable" to describe Loops in Section 9.2
means that Qwest assures that the Loop meets the technical standards
'associated with the specified Network Channel/Network Channel Interface
codes, as contained in the relevant technical publications and industry standards.
9.2.2.1.2 Use of the word "compatible" to describe Loops in Section 9.2
means the Unbundled Loop complies with technical parameters of the specified
Network Channel/Network Channel Interface codes as specified in the relevant
technical publications and industry standards. Qwest makes no assumptions as
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to the capabilities of CLEC's Central Ofce equipment or the Customer Premises
Equipment.
9.2.2.2 Analog (Voice Grade) Unbundled Loops. Analog (voice grade)
Unbundled Loops are available as a two-wire or four-wire voice grade, point-to-point
configu~ation suitable for local exchange type services. For the two-wire configuration,
CLEC must specify the signaling option. The actual Loop facilties may utilze various
technologies or combinations of technologies.
9.2.2.2.1 If Qwest uses Integrated Digital Loop Carrier (IDLC) systems to
provide the Unbundled Loop, Qwest will first attempt, to the extent possible, to
make alternate arrangements such as Line and Station Transfers (LST), to
permit CLEC to obtain a contiguous copper Unbundled Loop. If a LST is not
available, Qwest may also seek alternatives such as Integrated Network Access
(INA), hair pinning, or placement of a Central Offce terminal, to permit CLEC to
obtain an Unbundled Loop. If no such facilties are available, Qwest wil make
every feasible effort to provision Unbundled Loops over the IDLC in order to
provide the Unbundled Loop for CLEC.
9.2.2.2.1.1 In areas where Qwest has deployed amounts of
IDLC that are suffcient to cause reasonable concern about CLEC's
abilty to provide service. through available copper facilties on a broad
scale, CLEC shall have the abilty to gain access to Qwest information
suffcient to provide CLEC with a reasonably complete identification of
such available copper facilties. Qwest shall be entitled to mediate
access in a manner reasonably related to the need to protect Confidential
or Proprietary Information. CLEC shall be responsible for Qwests
incremental costs to provide such information or access mediation.
9.2.2.2.2 If there are state service quality rules in effect at the time CLEC
requests an Analog Unbundled Loop, Qwest wil provide an Analog Unbundled
Loop that meets the state technical standards. If necessary to meet the state
standards, Qwest wil, at no cost to CLEC, remove load coils and Bridged Taps
from the Loop in accordance with the requirements of the specific technical
standard.
9.2.2.3 Digital Capable Loops - DS1 and DS3 Capable Loops, Basic Rate (BRI)
ISDN Capable Loops, 2/4 Wire Non-Loaded Loops and xDSL-1 Capable Loops.
Unbundled digital Loops are . transmission paths capable of carring specifically
formatted and line coed digital signals. Unbundled digital Loops may be provided using
a variety of transmission technologies including, but not limited to, metallc wire, metallc
wire based digital Loop çarrier, and fiber optic fed digital carrier systems. Qwest wil
provision digital Loops in a non-discriminatory manner, using the same facilties
assignment processes that Qwest uses for itself to provide the requisite service. Digital
Loops may use a single or multiple transmission technologies. DC continuity does not
apply to digital capable Loops. If conditioning is required, then CLEC shall be charged
for such conditioning as set forth in Exhibit A if it authorized Qwest to perform suchconditioning. '
9.2.2.3.1 Intentionally Left Blank.
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Unbundled Network Elements.
9.2.2.3.1.1 DS 1 Unbundled Loops. Subject to the cap described in
Section 9.2.2.3.1.1.1, Qwest shall provide CLEC with non-discriminatory
access to a DS1 Loop on an unbundled basis to any building not served
by a Wire Center with at least 60,000 Business Lines and at least four (4)
Fiber-based Collocators. Once a Wire Center exceeds both of these
thresholds, no future DS1 Loop unbundling wil be required in that Wire
Center.
9.2.2.3.1.1.1 Cap on Unbundled DS1 Loop Circuits. CLEC may
obtain a maximum of ten (10) unbundled DS1 Loops to any single
building in which DS1 Loops are available as Unbundled Loops.
9.2.2.3.1.2 DS3 Unbundled Loops. Subject to the cap described
in Section 9.2.2.3.1.2.1, Qwest shall provide CLEC with non-
discriminatory access to a DS3 Loop on an unbundled. basis to any
building not served by a Wire Center with at least 38,000 Business Lines
and at least four (4) Fiber-based Collocators. If a Wire Center exceeds
both of these thresholds, no future DS3 Loop unbundling is required in
that Wire Center.
9.2.2.3.1.2.1 Cap on Unbundled DS3 Loop Circuits. CLEC may
obtain a maximum of a single 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, Qwest wil conduct an
assignment process which considers the potential for an LST or alternative
copper facilty. If no copper facility capable of supporting the requested service is
available, then Qwest wil reject the order.
9.2.2.4 Non-Loaded Loops. CLEC may request that Qwest provide a non-loaded
Unbundled Loop. In the event that no such facilties are available, CLEC may request
that Qwest condition existing spare facilties. CLEC may indicate on the LSR that it pre-
approves conditioning if conditioning is necessary. If CLEC has not pre-approved
conditioning, Qwest 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, Qwest will dispatch a technician to condition the Loop by removing load coils
and excess Bridged Taps to provide CLEC with a non-loaded Loop. CLEC will be
charged the nonrecurring conditiòning charge (Le., cable unloading and Bridged Taps
removal), if applicable, in addition to the Unbundled Loop installation nonrecurring
charge.
.€1
9~2.2.4.1 Where Qwest fails to meet a Due Date for performing Loop
conditioning, CLEC shall be entitled to a credit equal to the amount of any
conditioning charges applied, where it does not secure the Unbundled Loop
involved within three (3) months of such Due Date. Where Qwest does not
perform conditioning in accord with the standards applicable under this
Agreement, CLEC shall be entitled to a credit of one-half (1/2) of the conditioning
charges made, unless CLEC can demonstrate that the Loop as conditioned is
incapable of substantially performing the functions. normally within the
parameters applicable to such Loop as this Agreement requires Qwest to deliver
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it to CLEC. In the case of such fundamental failure, CLEC shall be entitled to a
credit of all conditioning charges, except where CLEC asks Qwest to cure any
defect and Qwest does so. In the case of such cure, CLEC shall be entitled to
the one-half (1/2) credit identified above.
9.2.2.5 When CLEC requests a Basic Rate ISDN capable or an xDSL-1 capable
Loop, Qwest wil dispatch a technician, if necessary, to provide Extension Technology
that takes into account for example: the additional regenerator placement, Central Ofice
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 specifcations necessary to accommodate the
requested service. If the circuit design requires Exension 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 recurnng 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 Offce network interface at a DS1 panel or equivalent in a Qwest serving
Central Offce and the network interface at the End User Customer location. DS1
capable Loops transport bi-directional DS1 signals with a nominal transmission
rate of 1.54 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 specifed in Technical Publications 77384
(Unbundled Loop) and 77324 (8S3).
9.2.2.7 Qwest is not obligated to provision BRI-ISDN, xDSL-I-capable, DS1 or
DS3-capable Loops to End User Customers in areas served exclusively by Loop
facilties 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 Qualifcation Tool, and ISDN Qualifcation TooL. These and any future
Loop qualification tools Qwest develops wil provide CLEC access to Loop qualification
information in a nondiscnminatory manner and wil provide CLEC the same Loop
qualification information available to Qwest. CLEC may request an audit of Qwests
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company records, back office systems and databases pertining to Loop information
pursuant to Section 18 of this Agreement.
9.2.2.8.1 Loop Qualification TooL. CLEC may use the Loop Qualification
tool to pre-qualify the requested circuit 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.gwest.com. The Wire Center Raw Loop
Data Tool provides CLEC the following information: Wire Center CLLI code,
cable name, pair name, terminal address, ML T distance, segment (F1, F2), sub-
segment (e.g., 1 of F1), segment length, segment gauge, Bridged Taps length by
segment, Bridged Taps offset distance, load coil type, and pair gain type. CLEC
may also access the IMA Raw Loop Data Tool for Loop specific information. The
IMA Raw Loop Data Tool may be accessed through IMA-GUlor IMA-EDI. This
tool provides CLEC the following information: Wire Center CLLI code, cable
name, pair name, terminal address, ML T distance, segment (F1, F2), sub-
segment (e.g., 1 of F1), segment length, segment gauge, Bridged Taps length by
segment, Bridged Taps offset distance, load coil type, number of loads, and pair
gain type.
9.2.2.8.3 POTS Conversion to Unbundled Loop TooL. The POTS
Conversion to Unbundled Loop Tool is available to CLEC through IMA-GUI or
IMA-EDI. This tool informs CLEC whether the facilty is copper or pair gain and
whether there are load coils on the Loop.
9.2.2.8.4 DSL Qualification TooL. The DSL Qualification Tool is available
to CLEC through IMA-GUI or IMA-EDI. This tool provides a "yes/no" answer
regarding the Loop's abilty to support Qwest DSL service. If the DSL
Qualification Tool returns a "no" answer, it provides a brief explanation.
9.2.2.8.5 ISDN Qualification TooL. The ISDN Qualification Tool is
available to CLEC through IMA-GUI or IMA-EDI. This tool permits 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.
p;~~~~,.~
9.2.2.8.6 If the Loop make-up information for a particular facilty is not
contained in the Loop qualification tools, if the Loop qualification tools return
unclear or incomplete information, or if CLEC ipentifies 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 wil
provide CLEC, via email, the Loop information identified during the manual
search within fort-eight (48) hours of Qwests receipt of CLEC's request for
manual search. The email will contain the following Loop makeup information:
composition of the Loop material; location and type o~ pair gain devices, the
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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
and distribution facilties that could be used to provision service to the End User
Customer, including any spare facilities not connected to the Switch and Loop
makeup for such spare facilties. After completion of the investigation, Qwest wil
load the information into the Loop Facilties Assignment and Control System
(LFACS) database, which wil populate this Loop information into the fields in the
Loop qualification tools.
9.2.2.9 Provisioning Options. The following provisioning options are available for
Unbundled Loop elements. Charges for these Provisioning options vary depending on
the type of Loop requested. Rates are contained in Exhibit A of this Agreement. Testing
parameters are described below and in Qwest Technical Publication 77384, Qwest
Interconnection Service - Unbundled Loop.
9.2.2.9.1 Basic Installation. Basic Installation may be ordered for new or
existing Unbundled Loops. Upon completion, Qwest wil call CLEC to notify
CLEC that the Qwest work has been completed.
9.2.2.9.1.1 For an existing End User Customer, the Basic
Installation option is a "lif and lay" procedure. The Central Offce
Technician (COT) "lifs" 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 éxisting 2/4 wire analog
Loops, Qwest provides a Quick Loop with or without Local Number
Portabilty (LNP) option, that enables CLEC to receive the Quick Loop
installation interval as set forth iri Exhibit C. Quick Loop installation
without LNP includes only a simple lift and lay procedure. Quick Loop
with LNP installation provides a lift and lay, and the LNP functions. Quick
Loop is not available with cooperative testing, coordinated installation, or
when unbundling from an IDLC to a copper alternative.
9.2.2.9.2 Basic Installation with Performance Testing. Basic Installation
with Performance Testing may be ordered for new or existing Unbundled Loops.
9.2.2.9.2.1 For an existing End User Customer, Basic
Installation with Performance Testing .is a "lift and lay" procedure. The
Central Offce Technician (COT) "lifts" the Loop from its current
termination and "lays" it on a new termination connecting CLEC. The
COT and ImplementorlTester perform the required performanèe tests to
ensure that the new circuit meets required parameter limits.
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6""~ " ,"9.2.2.9.2.2 The awest 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
address.
9.2.2.9.2.3 For new End User Customer service, the Basic
Installation with Performance Testing option requires a dispatch to the
End User Customer premises. The COT and Field Technician complete
circuit wiring and perform the required performance tests to ensure the
new circuit meets the required parameter limits. These test results are
read to CLEC by the awest ImplementorfTester on close-out. Within two
(2) business days, awest wil 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 (DO), at CLEC's designated
Appointment Time, the awest ImplementorfTester 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
awest is not ready within thirty (30) minutes of the scheduled Appointment Time,
awest wil waive the nonrecurring charge for the installation option, and the
Parties will attempt to set a new appointment for the same day. If awest fails to
perform cooperative testing due to awests fault, awest wil 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, awest will issue a jeopardy notice and a FOC with a new
Due Date.
9.2.2.9.3.1 For an existing End User Customer, Coordinated
Installation With Cooperative Testing is a "lift and lay" procedure with
cooperative testing. The COT completes the installation in the Central
Office and performs testing that CLEC requests. Upon completion of
awest performance testing, the awest ImplementorfTester wil contact
CLEC, read the Owest test results, and begin CLEC cooperative testing. .
Within two (2) business days, awest wil email the awest test results to a
single, designated CLEC office email address. CLEC. wil be charged for
any Provisioning test CLEC requests that is not defined in the awest
Technical Publication 77384.
.(l
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 Owest performance' testing, the Owest
ImplementorfTester wil contact CLEC, read the Owest test results, and
begin CLEC cooperative testing. Within two (2) business days, Owest will
email the Owest test results to a single, designated CLEC offce email
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address. CLEC wil be charged for any Provisioning test not defined in
the Qwest Technical Publication 77384.
9.2.2.9.4 Coordinated Installation Without Cooperative Testing.
Coordinated Installation Witout Cooperative Testing may be ordered for new or
existing service. For both new and existing service, CLEC must designate a
specific "Appointment Time" when it submits the LSR. On the Due Date (DO), at
CLEC's designated Appointment Time, the Qwest ImplementorfTester contacts
CLEC to ensure CLEC is ready for installation. If CLEC is not ready within thirt
(30) minutes of the scheduled Appointment Time, then CLEC must reschedule
the installation by submitting a supplemental LSR. If Qwest is not ready within
thirt (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 abilty 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 cordinated installation once the circuit is in place. The COT
completes the installation in the Central Offce, and the COT and
ImplementorfTester complete the required performance tests to ensure
that the new circuit meets required parameter limits. CLEC wil not
receive test results. When installation is complete, 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
ImplementorfTester 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 will perfonn 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.
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9.2.2.9.5.3 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.
9.2.2.9.6 Performance Testing.
performance tests for vanous Loop types:
a) 2-Wire and 4-Wire Analog Loops
No Opens, Grounds, Shorts, or Foreign Volts
Qwest performs the following
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 = TMAO 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
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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 Qwestand CLEC. All requests wil be processed on a first
come, first served basis and are subject to Qwests abilty to meet a
reasonable demand. Considerations such as system down time, Switch
upgrades, Switch maintenance, and the possibility of other CLECs
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requesting the same Frame Due Time (FDT) in the same Switch (Switch
contention) must be reviewed. In the event that any of these situations
would occur, Qwest wil negotiate with CLEC for an agreed upon FDT,
prior to issuing the Firm Order Confirmation (FOC). In special cases
where CLEC is ordering Unbundled Loop with LNP, the FDT must be
agreed upon, the interval to reach agreement wil not exceed two (2) days
from receipt of an accurate LSR. In addition, standard intervals wil apply.
9.2.2.9.7.2 CLEC shall request a Project Coordinated
Installation by submiting a Locl 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 Qwests standard
installation hours or out of hours. Qwest standard installation hours for
Unbundled Loops are 8:00 a.m. to 5:00 p.m. (local time), Monday through
Friday, excluding holidays. Where LNP is included, see Section 10.2.5.4
for rate elements.
9.2.2.9.7.4 Qwest wil schedule the appropriate number of
employees prior to the cut, normally not to exceed four (4) employees,
based upon information provided by CLEC. If the Project Coordinated
Installation includes LNP, CLEC wil also have appropriate personnel
schedUled for the negotiated FDT. If CLEC's information is modified
during the installation, and, as a result, non-scheduled employees are
required, CLEC shall be charged a three (3) hour minimum callout charge
per each additional non-scheduled employee. If the installation is either
cancelled, or supplemented to change the Due Date, within twenty-four
(24) hours of the negotiated FOT, CLEC wil be charged a one (1) Person
three (3) hour minimum charge. For Project Coordinated Installations
with LNP, if the Coordinated Installation is cancelled due to a Qwest error
or a new Due Date is requested by Qwest, within twenty-four (24) hours
of the negotiated FDT, Qwest may be charged by CLEC one (1) Person
three (3) hour minimum charge.
9.2.2.9.7.5 If CLEC orders Project Coordinated Installation with
LNP and in the event the LNP conversion is not successful, CLEC and
Qwest agree to isolate and fix the problem in a timeframe acceptable to
CLEC or the End User Customer. If the problem cannot be corrected
within an acceptable timeframe to CLEC or the End User Customer,
CLEC may request the restoral of Owest ~ervice for the ported End User
Customer. Such restoration shall begin immediately upon request. If
CLEC is in error then a supplemental order shall be provided to Qwest. If
Qwest is in errr, 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, Qwest shall ensure that any LNP order activity requested in
conjunction with a Project Coordinated Installation shall be implemented
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~' , " ~'. ; ,in a manner that avoids interrupting service to the End User Customer.
9.2.2.10 CLEC may request Qwest to Commingle DS1 or DSO analog voice grade
unbundled Loops with DS3 or DS1 multiplexed facilties ordered by CLEC from Qwests
special access or private line Tariffs. Terms and conditions for this Commingled
arrangement are provided in Section 9.25 of this Agreement.
9.2.2.11 In order to properly maintain and modernize the network, Qwest may
make necessary modifications and changes to Unbundled Loops, ancillary and Finished
Services in its network on an as needed basis. Such changes may result in minor
changes to transmission parameters. Changes that affect network Interoperabilty
require advance notice pursuant to the Notices Section of this Agreement.
9.2.2.12 If there is a 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 wil initiate
contact with CLEC.
9.2.2.13 Facilties and lines Qwest furnishes on the premises of CLEC's End User
Customer up to and including the Loop Demarcation Point are the property of Qwest.
Qwest shall have reasonable access to all such facilities for network management
purposes. Qwest will coordinate entry dates and times with appropriate CLEC personnel
to accommodate testing, inspection repair and maintenance of such facilties and lines.
CLEC wil not inhibit Qwests employees and agents from entering said premises to test,
inspect, repair and maintain such facilties 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 propert in that facilty. Entry for any other purpose is subject to audit provisions
in the Audit section of this Agreement.
9.2.2.14
9.2.2.15
Intentionally Left Blank.
Reuse of Loop Facilties
9.2.2.15.1 When an End User Customer contacts Qwest with a request to
convert their local service from CLEC to Qwest, Qwest wil notify CLEC of the
loss of the End User Customer, and wil disconnect the Loop Qwest provided to
CLEC. Qwest wil disconnect the Loop oniy where Qwest has obtained proper
Proof of Authorization.
.Ll~
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 Qwestto CLEC, at CLEC request, Qwest wil reuse the
existing Loop facilties for the service requested by CLEC to the extent those
facilties are technically compatible with the service to be provided. Upon CLEC
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request, Qwest wil condition the existing Loop in accordance with the rates set
forth in Exhibit A.
9.2.2.15.4 Upon completion of the disconnection of the Loop, Qwest wil
send a Loss Notification report to the original competitive Carrier signifying
completion of the loss.
9.2.2.16 Lack of Facilties; Priority Right to Facilities. In the event Qwest notifies
CLEC that facilities ordered are not available from Qwest at the time of the order, Qwest
shall maintain the order as pending for a period of thirt (30) business days. If facilities
become available to fill the order within that thirt (30) business day period, Qwest shall
notify CLEC of such availabilty. CLEC and Qwest acknowledge that the availabilty of
facilties hereunder is on a first come, first served basis. Any faci,lity orders placed by
any other provider, including Qwest, which predate CLEC's order shall have priority for
any facilties 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 Recurrng and Nonrecurring rates.
9.2.3.3 DS1 and DS3-Capable Loop, Basic Rate (BRI) ISDN ánd 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 ratee 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.
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;:"~. .i¡.\9.2.3.7.5 For coordinated installations scheduled to commence Out of
Hours, or rescheduled by CLEC to commence Out of Hours, CLEC wil incur
additional labor - installation Miscellaneous Charges in addition to regular
nonrecurring charges for the installation.
9.2.3.8 Conversions' of private line/special access circuits to Unbundled Loops.
9.2.4 Ordering Process
9.2.4.1 Unbundled Loops are ordered via an LSR. Ordering processes are
contained in the Operational Support Systems Section of this Agreement. Detailed
ordering processes are found on the Owest 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 Owests Loop
make-up tools available via IMA-EDI, IMA-GUI, or the web-based application
interface to obtain specific information about the Loop CLEC seeks to order.
9.2.4.3.1.1 Based on the Loop make up information provided
through Owest tools, CLEe must determine whether conditioning is
required to provide the 'xDSL service it intends to offer. If Loop
conditioning is required, CLEC may authorize Owest to perform such
Loop conditioning on its LSR. If CLEC does not pre-approve Loop
conditioning, Owest wil assume that CLEC has determined that Loop
conditioning is not necessary to provide the xDSL service CLEC seeks to
offer. If CLEC or Owest determines that conditioning is necessary, and
CLEC authorizes Owest to perform the conqitioning, Owest wil perform
the conditioning. CLEC wil be charged for the conditioning in accordance
with the rates in Exhibit A. If Owest determines that conditioning is
necessary and CLEC has not previously authorized Owest to perform the
conditioning on the LSR, Owest 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
Owest 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, Owest 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 Owest has identified a Loop a,ssignment. Such FOC wil
provide CLEC with a firm Due Date commitment or indication that
appropriate facilties are not available to fill CLEC's order.
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conditioning, and conditioning is not necessary, Qwest wil return
the FOC with the standard interval (i.e., five (5) days).
9.2.4.3.1.2.2 If CLEC has not pre-approved Loop
conditioning and Qwest determines that the Loop contains load
coils, Qwest wil notify CLEC via a reject notifcation. 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 Qwest.
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 Qwest receives a complete and accurate LSR. The LSR
date is considered the start of the service interval if the order is received prior to 7:00
p.m. For service requests received after 7:00 p.m., the service interval wil begin on the
next business day.
9.2.4.4.1 When CLEC places an order for an Unbundled Loop with Qwest
that is complete and accurate, Qwest will reply to CLEC with a Firm Order
Confirmation within the time specifed in Section 20. The Firm Order
Confirmation wil contain the Due Date that specifies the date on which Qwest
wil provision the Loop. Qwest wil implement adequate processes and
procedures to assure the accuracy of the commitment date. If Qwest must make
changes to the commitment date, Qwest wil promptly issue a jeopardy
notification to CLEC that wil clearly state the reason for the change in
commitment date. Qwest wil also submit a new Firm Order Confirmation that wil
clearly identify the new Due Date.
9.2.4.5 Installation intervals for Unbundled Loops apply when Qwest has facilties
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 facilties 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
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9.2.4.9.2 When load coils and/or Bridged Taps do exist, CLEC wil
request the minimum fifteen (15) business days Desired Due Date. CLEC can
determine the existence of load coils or Bridged Taps by using one of the Loop
make-up tools. CLEC may pre-approve line conditioning on the LSR and, by
doing so, CLEC agrees to pay any applicable conditioning charges. If CLEC did
not request the fifteen (15) day interval and Qwest determines that conditioning is
required, then the fifteen (15) business day interval starts when the need for
conditioning is identified and CLEC approves the conditioning charges.
9.2.4.10 Out of Hours Coordinated Installations
9.2.4.10.1 For purposes of this Section, Qwests standard installation hours
are 8:00 a.m. to 5:00 p.m. (local time), Monday through Friday, excluding
holidays. CLEC may request an out of hours Coordinated Installation outside of
Qwests standard installation hours. Installations requested outside of standard
installation hours are considered to be out of hours Installations.
9.2.4.10.2 Intentionally Left Blank.
9.2.4.10.3 To request out of hours Coordinated Installations, CLEC wil
submit an LSR designating the desired appointment time. CLEC must specify an
out of hours Coordinated Installation in the "remarks" section of the LSR.
9.2.4.10.4 The date and time for out of hours Coordinated Installations may
need to be negotiated between Qwest and CLEC because of system downtime,
Switch upgrades, Switch maintenance, and the 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 responsibilty for resolution of any service trouble report(s) from its End User
Customers. CLEC will perform trouble isolation on the Unbundled Loop and any
associated ancilary services prior to reporting trouble to Qwest. CLEC shall have
access for testing purposes at the NID or Loop Demarcation Point. Qwest wil work
cooperatively with CLEC to resolve trouble reports when the trouble condition has been
isolated and found to be within a portion of Qwests network. Qwest and CLEC wil
report trouble isolation test results to the other. For Unbundled Loops, each Part shall
be responsible for the costs of performing trouble isolation on its facilties, subject to
Sections 9.2.5.2 and 9.2.5.3.
9.2.5.2 When CLEC requests that Qwest perform trouble isolation with CLEC, a
Maintenance of Service charge applies if the trouble is found to be on CLEC's side or on
the End User Customer's side of the Loop Demarcation Point. If the trouble is on the
End User Customer's side of the Loop Demarcation Point, CLEC is required to perform
its own maintenance.
9.2.5.3 Before submitting a repair request to Qwest, CLEC wil isolate trouble to
the Qwest network and must submit test results indicating the location of the trouble
when submitting the repair request. If a trouble ticket with test results is accepted by
Qwest, and Qwest determines that the trouble is on CLEC's or the End User Customer's
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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
processes are set forth in Section 12.3 of this Agreement.
9.2.5.4 Owest 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.
Owest wil conduct a quarterly root cause analysis of problems associated with Loops
provided to CLEC by Owest. Based on this analysis, Owest 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 Owest shall allow access to the NID for testing purposes where access at
the Demarcation Point is not adequate to allow testing suffcient to isolate troubles; in the
evènt that Owest 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 Owest will provide 2/4 Wire non-loaded Loops, ISDN-capable Loops,
xDSL-I-capable Loops, DS1-capable Loops, and DS3-capable Loops (collectively
referred to in this Section 9.2.6 as "xDSL Loops") in a non-discriminatory manner to
permit CLEC to provide Advanced Services to its End User Customers. Such Loops are
defined herein and. are in compliance with FCC requirements and guidelines
recommended by the Network Reliabilit andlnteroperabilty Council (NRIC) to the FCC,
such as guidelines set forth in T1-417.
9.2.6.2 When ordering xDSL Loops, CLEC wil provide Owest with appropriate
information using NC/NCI codes to describe the Power Spectral Density Mask (PSD) for
the type of technology CLEC wil deploy. CLEC also agrees to notif Owest of any
change in Advanced Services technology that results in a change in spectrum
management class on the xDSL Loop. Owest 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 Owest pursuant to Section 9.2.6.2
shall be deemed Confidential Information and Owest 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 ánd growth planning personnel
responsible for spectrum management functions. In no case shall the
aforementioned personnel who have accss to such Confidential Information be
involved in Owests retail marketing, sales or strategic planning.
9.2.6.3 If CLEC wishes to deploy new technology not yet designated with a PSD
mask; Owest and CLEC agree to work cooperatively to determine Spectrum
Compatibilty. Qwest and CLEC agree, as defined by the FCC, that technology is
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\ .:-\,'~:;:';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".
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9.2.6.4 Qwest recognizes that the analog T1 service traditionally used within its
network is a "known Disturber" as designated by the FCC; Qwest wil place such T1 s,
by whomever employed, within binder groups in a manner that minimizes interference.
Where such placement is insufficient to eliminate interference that disrupts other
services being provided, Qwest shall, whenever it is Technically Feasible, replace its
T1 s with a technology that will eliminate undue interference problems. Qwest also
agrees that any future "known Disturber" defined by the FCC or the Commission will be
managed as required by FCC rules.
9.2.6.5 If either Qwest or CLEC claims a service is significantly degrading the
performance of other Advanced Services or traditional voice band services, then that
Part must notify the causing Carrier and allow the causing Carrier a reasonable
opportunity to correct the problem. Upon notification, the causing Carrier shall promptly
take action to bring its facilties/technology into compliance with industry standards.
Upon request, within fort-eight (48) hours, Qwest wil provide CLEC with binder group
information including cable, pair, Carrer 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 5.18of this Agreement. -
9.2.6.9 Where CLEC demonstrates to Qwest that it has deployed Central Office
based DSL services serving a reasonably defined area, it shall be entitled to require
Qwest to take appropriate measures to mitigate the demonstrable adverse effects on
such service that arise from Qwests use of repeaters or remotely deployed DSL service
in that area. It shall be presumed that the costs of such mitigation wil not be chargeable
to any CLEC or to any other Customer; however, Qwest shall have the right to rebut this
presumption, which it may do by demonstrating to the Commission by a preponderance
of the evidence that the incremental costs of mitigation would be suffcient to cause a
substantial effect upon other Customers (including but not limited to CLECs securing
UNEs) if charged to them. Upon such a showing, the Commission may determine how
to apportion responsibilty 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 Iike-for-Iike facilties, e.g., DS1 private line to DS1 capable Unbundled Loop; 2) must.Feb.1, 2011/cacliMacTeillDI Agreement Number CDS-110201-0001
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originate at CLEC's Collocation site in the serving Central Offce; and 3) must terminate at an
End User Customer's premises. The provisioning intervals for converting from private
line/special access to Unbundled Loop are located in the Service Interval Guide (SIG).
Additional information can be found in the Product Catalog for Unbundled Loop.
9.3 Subloop Unbundling
9.3.1 Description
9.3.1.1 An Unbundled Subloop is defined as the distribution portion of a copper
Loop or hybrid Loop comprised entirely of copper wire or copper cable that acts as a
transmission facilty between any point that it is Technically Feasible to access at
terminals in Qwest' 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 facilties only
to the extent it is part of a complete transmission path, not a Subloop, between the
Central Ofce 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
reliabilty of the facilties of Qwest and other CLECs, (5) the engineering and
operations standards and practices to be applied at Qwest facilties 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 Part may request, under any procedure provided for by
this Agreement for addressing non-standard services or network conditions, the
development of standard terms and conditions for any configuration(s) for which
it can provide reasonably clear technical and operational characteristics and
parameters. Once developed through such a process, those terms and
conditions shall be generally available to any CLEC for any configuration fitting
the requirements established through such process.
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9.3.1.1.4 Prior to the development of such standard terms and conditions,
Qwest shall impose in the six (6) areas identified in Section 9.3.1.1.2 above, only
those requirements or intervals that are reasonably necessary, and shall make its
determinations within ten (10) business days and shall apprise CLEC of the
conditions for access. If there is a dispute regarding the conditions for access,
Qwest shall attempt to accommodate access pending resolution of the specific
issues in dispute.
\:_~' ::';:. '';
9.3.1.1.4.1 MTE Terminals: Accessible terminals within a
building in a MTE environment or accessible terminals physically attached
to a building in a MTE environment. Qwest Premises located on real
propert that constitutes a campus environment, yet are not within or
physically attached to a non-Qwest owned building, are not considered
, MTE Terminals.
9.3.1.1.4.2 Detached Terminals: All accessible terminals other
than MTE Terminals.
9.3.1.1.5 Intentionally Left Blank.
9.3.1.2 Standard Subloops available.
Two-Wire/Four Wire Unbundled Distribution Loopa)
b)
c)
d)
Intentionally Left Blank
Two-Wire/Four Wire Non-loaded Distribution Loop
9.3.1.3
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 CLEC has constructed a cross connect field at the building terminaL.
9.3.1.4 Field Connection Point
e-
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 facilties to a terminal block
within the accessible terminaL. The terminal block allows a technician to access
and combine UnbundledSubloop elements. When a FCP is required, it must be .
in place before Sublóop orders are processed.
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9.3.1.4.2 Placement of a FCP within a Qwest Premises for the sole
purpose of creating a cross connect field to support Subloop unbundling
constitutes a "Cross Connect Collocation."
9.3.1.4.2.1 The terms, conditions, intervals and rates for Cross
Connect Collocation are found within Section 9.3.
9.3.1.4.2.2 To the extent that CLEC places equipment in a
Qwest Premises that requires power and or heat dissipation, such
Collocation is governed by the terms of Section 8 and does not constitute
a Cross Connect Collocation.
9.3.1.4.3 A FCP arrangement can be established either within a Qwest
accessible terminal, or, if space within the accessible terminal is legitimately
exhausted and when Technically Feasible, CLEC may place the FCP in an
adjacent terminaL. CLEC will have access to the equipment placed within the
Collocation for maintenance purposes. However, CLEC will not have access to
the FCP Interconnection point.
9.3.1.5 MTE Point of Interconnection (MTE-POI)
9.3.1.5.1 A MTE-POI is necessary when CLEC is obtaining access to the
Distribution Loop 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 facilties to Qwests Subloops. The Demarcation Point between
CLEC and Qwests facilties is the MTE-POI.
9.3.1.6 Once a state has determined that it is Technically Feasible to unbundle
Subloops at a designated accessible terminal, Qwest shall either agree to unbundle at
such access point or shall have the burden to demonstrate, pursuant to the Dispute
Resolution provisions of this Agreement, that it is not Technically Feasible, or that
suffcient 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 Qwest-
provided facilty from the Qwest accssible 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 Qwest-
provided facilty without load coils and excess Bridged Taps from the Qwest
accessible terminal to the Demarcation Point or Network Interface Device (NID)
at the End User Customer location. When CLEC requests a Non-Loaded
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Unbundled Distribution Loop and there are none available, Qwest will contact
CLEC to determine if CLEC wishes to have Qwest unload a Loop. If the
response is affrmative, Qwest .will dispatch a technician to "condition" the
Distribution Loop by removing load coils and excess Bridged Taps (i.e., "unload"
the Loop). CLEC may be charged the cable unloading and Bridged Taps
removal nonrecurring charge in addition to the Unbundled Loop installation
nonrecurring charge. If a Qwest technician is dispatched and no load coils or
Bridged Taps are removed, the nonrecurring conditioning charge wil not apply.
CLEC can obtain access to this Un-bundled Network Element at any Technically
Feasible accessible terminaL.
9.3.2.1.3 Intrabuilding Cable Loop: a Qwest-provided facilty 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 propert,
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 accessSubloops 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, reliabilty, 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 facilties into and terminating the facilties in the MTE. CLEC shall seek
to work with the building owner to create space for such terminations without requiring
Qwest to rearrange its facilties.
9.3.3.5 If there is space in the building for CLEC to enter the building and
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terminate its facilties without Owest having to rearrange its facilties, CLEC must seek to
use such space. In such circumstances, an inventory of CLEC's terminations within the
MTE shall be input into Owests systems to support Subloop orders before Subloop
orders are provisioned or in conjunction wih the first Subloop order in the MTE. If CLEC
requires immediate access to the Subloop, then CLEC may access the Subloop element
prior to the completion of the inventory per Section 9.3.5.4.7. 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 termiiiations 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 wrien 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 facilties using any
temporary wiring or cut-over devices, CLEC shall remove any remaining temporary
winng 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 facilties 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 facilties to that MTE and owns, controls, or leases the inside wire at the
MTE. In addition, Owest shall have an oblig.ation only when CLEC indicates that it
intends to place an order for access to an unbundled Subloop Network Element via a
SPOI. In such instances, CLEC shall pay the applicable charge, identified in Exhibit A,
which shall be ICB, based on the scope of the work required.
9.3.3.7.1 If Owest must rearrange its MTE Terminal to make space for
CLEC, Owest shall have fort-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 fort-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 suitble for CLEC, the interval for completion shall be
negotiated betwe~n 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
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propert to its original condition.
9.3.3.8 At no time shall either Part rearrange the other Party's facilties within the
MTE or otherwise tamper with or damage the other Party's facilties within the MTE.
This does not preclude normal rearrangement of wiring or jumpers necessary to connect
inside wire or intrabuilding cable to CLEC facilties in the manner described in the MTE
Access Protocol. If such damage accidentally occurs, the Part responsible for the
damage shall immediately notify the other and shall be financially responsible for
restoring the facilties 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 Owest is not required to build additional space for CLEC to
access Subloop elements. When Technically Feasible, Owest shall allow CLEC
to construct its own structure adjacent to Owests accessible terminaL. CLEC
shall obtain any necessary authorizations or rights of way required (which may
include obtaining access to Owest rights of way, pursuant to Section 10.8 of this
Agreement) and shall coordinate its facilty placement with Owest, when placing
its facilties adjacent to Owest facilties.. Obstacles that CLEC may encounter
from cities, counties, electric power companies, propert oWners and similar third
parties, when it seeks to interconnect its equipment at Subloop access points,
wil be the responsibilty of CLEC to resolve with the municipality, utilty, propert
owner or other third part.
9.3.4.3.2 The optimum point and method to access Subloop elements wil
be determined during the Field Connection Point process. The Parties recognize
a mutual obligation to interconnect in a manner that maintains network integrity,
reliabilty, and security.
9.3.4.3.3 CLEC must identify the size and type of cable that wil be
terminated in the Owest FCP location. Owest wil terminate the cable in the
Owest accessible terminal if termination capacity is available. If termination
capacity is not available, Owest wil expand the FDI at the request of CLEC if
Technically Feasible, all reconfiguration costs to be borne by CLEC. In this
situation only, Owest shall seek to obtain any necessary authorizations or rights
of way required to expand the terminaL. It wil be the responsibilit of Owest to
seek to resolve obstacles that Owest may encounter from cities, counties,
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electric power companies, propert owners and similar third parties. The time it
takes for Qwest to obtain such authorizations or nghts of way shall be excluded
from the time Qwest is expected to provision the Collocation. CLEC wil be
responsible for placing the cable from the Qwest FCP to its equipment. Qwest
wil perform all of the initial splicing at the FCP.
9.3.4.3.4 CLEC may cancel a Collocation associated with a FCP request
prior to 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 utilze 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 insuffcient space in the accessible terminal to accommodate the
FCP, or that the requested Interconnection is not Technically Feasible.
9.3.4.4 At no time shall either Part rearrange the other Part's facilties within the
accessible terminal or otherwise tamper with or damage the other Part's facilties. If
such damage accidentally occurs, the Part responsible for the damage shall
immediately notify the other and shall be financially responsible for restoring the facilties
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 All Subloop Types
9.3.5.1.1 CLEC may order Subloop elements through the Operational
Support Systems descnbed in Section 12.
9;3.5.1.2 CLEC shall identify Subloop elements by NC/NCI codes. This
information shall be kept confidential and used solely for spectrum management
purposes.
9.3.5.2 Additional Terms for Detached Terminal Subloop Access
9.3.5.2.1 CLEC may only submit orders for Subloop elements after the
FCP is in place. The FCP shall be ordered pursuant to Section 9.3.5.5. CLEC
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 wntten authorization
. from. Qwest.
9.3.5.2.3 Once the FCP is in place, the Subloop Provisioning intervals
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I .~ '. "'.'~i contained in Exhibit C shall apply.
9.3.5.3 Intentionally Left Blank.
9.3.5.4 Additional Terms for MTE Terminal. Subloop Access - MTE-Access
Ordering Process
9.3.5.4.1 CLEC shall notify its account manager at Qwest in writing,
including via email, of its intention to provide access to End User Customers that
reside within a MTE. Upon receipt of such request, Qwest shall have up to ten
(10) Days to notify CLEC and the MTE owner whether Qwest believes it or the
MTE owner owns the intra building cable. In the event that there has been a
previous determination of on-premises winng ownership at the same MTE, Qwest
shall provide such notification within two (2) business days. In the event that
CLEC provides Qwest with. a wntten claim by an authorized representative of the
MTE owner that such owner owns the facilties on the End User Customer side of
the terminal, the preceding ten (10) Day period shall be reduced to five (5) Days
from Qwests receipt of such claim.
9.3.5.4.1.1 Intentionally Left Blank.
9.3.5.4.2 If the MTE owner owns the facilties on the Customer side of the
terminal, CLEC may obtain access to all facilties in the building in accordance
with Section 9.5 concerning access to unbundled NIDs.
9.3.5.4.3 If Qwest owns the facilties on the Customer side of the terminal
and if CLEC requests space to enter the building and terminate its facilties and
Qwest must rearrange facilties or construct new facilties to accommodate such
access, CLEC shall notify Qwest. Upon receipt of such notification, the intervals
set forth in Section 9.3.3 shall begin.
9.3.5.4.4 CLEC may only submit orders for Subloop elements after the
facilties are rearranged and/or a new facility constructed, if either are necessary.
. CLEC wil populate 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.
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9.3.5.4.5 If CLEC orders Intrabuilding Cable Loop, CLEC shall dispatch a
technician to run a jumper between its Subloop elements and Qwests Subloop
elements to make a connection at the MTE-POI in accordance with the MTE
Access Protocol. If CLEC ordered a Subloop type other than Intrabuilding Cable
Loop, Qwest will dispatch a technician to run a jumper between CLECs Subloop
elements and Qwests Subloop elements to make a connection at the MTE-POI.
CLEC, at its option, may request that Qwest run the jumper for intrabuilding cable
in MTEs when the inventory is done and a complete LSR has been submitted.
9.3.5.4.5.1 When CLEC accesses a MTE Terminal, it shall
employ generally accepted best engineering practices in accordance with
industry standards. CLEC shall clearly label the cross connect wires it
uses. CLEC wiring wil be neatly dressed. When CLEC accesses
Subloops in MTE Terminals, it shall adhere to Qwests. Standard MTE
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Access Protocol unless the Parties have negotiated a separate document
for such Subloop access. If CLEC requests a MTE Access Protocol that
is different from Qwests Standard MTE Access Protocol, Qwest shall
negotiate with CLEC promptly and in good faith toward that end.
9.3.5.4.6 Once inventory is complete and, if necessary, the facilities are
rearranged and or a new facilit 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 wil be notified of its termination location, which will 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 will install equipment requiring power and/or
heat dissipation shall be in accordance with the intervals set forth
in Section 8.4.
9.3.5.5.2.1.2 A Cross Connect Collocation in a detached
términal 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 persnnel 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
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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
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 will schedule with CLEC an inspection of the FCP
with CLEC if requested. Upon completion of the 'Acceptance
inspection, CLEC will be provided the assignments and necessary
ordering information. With prior arrangements, CLEC can request
testing of the FCP at the time of the Acceptance inspection. If
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
9.3.6.2
9.3.6.3
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.
Intentionally Left Blank.
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.
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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.
9.3.6.3.3 Subloop Nonrecurrng Jumper Charge: CLEC will be charged a
nonrecurring basic installation charge for Qwest running jumpers within the
accessible terminal for each Subloop ordered by CLEC.
9.3.6.4 Additional Rate Elements for MTE Terminal Subloop Access
9.3.6.4.1 CLEC wil be charged the Subloop MTE - POI Site Inventory
nonrecurring charge for Qwest to complete an inventory of CLEC's facilties
within the MTE such that Subloop orders can be submitted and processed.
9.3.6.4.2 CLEC wil be charged the MTE - POI Rearrangement of
Facilties nonrecurring charge for Qwest to complete a rearrangement of facilties
to make room for an MTE for CLEC.
9.3.6.4.3 CLEC wil be charged the MTE - POI Construction of N~w 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 descnbed 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
facilties and equipment in the accessible terminal and CLEC wil maintain all of its
facilties and equipment in the accessible terminaL.
9.3.7.2 MTE Terminal Subloop Access: Qwest will maintain all of its facilties and
equipment in the MTE and CLEC wil maintain all of its facilties and equipment in the
MTE.
9.4 Intentionally Left Blank
9.5 Network Interface 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 porton of a multiple line termination device required to
terminate a single line or circuit at a premises. If CLEC seeks to access a NID as well as a
Subloop connected to that NID, it may do so only pursuant to Section 9.3. If CLEC seeks to
access only a NID (I.e., CLEC does not wish to access a Subloop connected to that NID), it may
only do so pursuant to this Section 9.5. Qwest shall permit CLEC. to connect its own Loop
facilties to on-premises wiring through Qwests NID, or at any other Technically Feasible point.
The NID carnes with it all features, functions and capabilities of the facilties used to connect the
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Loop distribution plant to the End User Customets 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 Customets premises wiring, it may not represent
the Demarcation Point where Qwest ownership or control of the intra-premises wiring ends.
The NID contains a protective ground connection that protects the End User Customer's on-
premises wiring against lightning and other high voltage surges and is capable of terminating
media such as twisted pair cable. If CLEC orders Unbundled Loops on a .reuse basis,the
existing drop and Qwests 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 Customets equipment. Notwithstanding the foregoing, an Unbundled
Loop and any Subloop terminating at a NID shall include the existing drop and the functionalit
of the NID as more specifically set forth in Section 9.2. The NID is offered in three (3) vaneties:
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 winng termination, and a modular plug which connects
the inside wire to the distribution plant or dial tone source. The non-modular NID is a
protector block with the inside wire terminated directly on the distribution facilities.
9.5.1.2 Smart NID - To the extent Qwest has deployed "smartì, devices in
general meaning a terminating device that permits the service provider to isolate the
Loop facilty from the premises wiring for testing purposes, and such devices have spare
functioning capacity not currently used by Qwest or any other provider, Qwest shall
provide unbundled access to such devices. Qwest shall also continue to allow CLEC, at
its option, to use all features and functionality of the Qwest 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 facilty on
the NID.
9.5.1.3 Multi-Tenant (MTE) NID - The MTE NID is divided into two (2) functional
components: one containing the over-voltage unit (protector) and the other containing
. the terminations of the on-premises inside wiring. Such devices contain the protectors
for, and maý be located externally or internally to the premises served.
9.5.1.4 Intentionally Left Blank.
9.5.2 Terms and Conditions
9.5.2.1 CLEC may use the existing Qwest NID to terminate its drop if space
permits, otherwse 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 Qwest facilty in the NID by unplugging the modular unit. If CLE.C
requires that a non-modular unit be replaced with a modular NID, Qwest wil perform the
replacement for the charge descnbed in Section 9.5.3.1. If CLEC is a facilties-based
provider up to and including its NID, the Qwest facilty currently in place, including the
NID, wil remain in place.
9.5.2.1.1 Qwest shall allow CLEC to connect its Loops directly to the NID
field containing the terminations of the on-premises inside wiring not owned or _
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the on-premises inside wiring, CLEC and the landowner shall determine
procedures for such access.
9.5.2.1.2 Qwest shall allow CLEC to use all features and functionality of
the Qwest NID including any protection mechanisms, test capabilties, or any
other capabilties now existing or as they may exist in the future.
9.5.2.1.3 Pursuant to generally accptable work practices, and provided
the inside wire re-termination is required to meet service requirements of either
Parties' End User Customer, either Part may remove the inside wire from the
NID and connect that wire to that Parts own NID. Future installation of Qwest
NIDs will be such that it wil not unnecessanly impede access to the End User
Customets winng.
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-discnminatory fashion and timeframe and without an End
User Customets perceivable disruption in service. Qwest wil not make any
rearrangements of winng that is provided by another Carrier that relocates the
other Carriets test accs 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 will be assessed per Section 9.5.3.5 except where Section
9.5.5.1 applies. Qwest is not required to inventory NID loèations 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 wil 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 in a Qwest NID that is attched 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 connecUts 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
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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
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 modifcations 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
wil 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 Agreemènt,
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 will 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 wil be billed only for the portion of the change-out that is specifc
to CLEC's request for modified/additional capacity. Charges wil 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 infeasibilty and, at the same time,
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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 infeasibilty pùrsuant to the Dispute Resolution provisions of this
Agreement. No additional verification is needed by Qwest and CLEC shall tag its
jumper wire.
9.5.4.3 Subject to the terms of Section 9.5.4.2, CLEC may perform a NID-to-NID
connection, according to Section 9.5.2.3, and accss 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 facilties and
lines have been removed from the protector field or damaged by CLEC, CLEC wil 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 ass
Section of this Agreement.
9.6 Unbundled Dedicated Interoffce Transport (UDlT)
Qwest shall provide access to Unbundled Dedicated Interoffce Transport (UOIT) in a non-
discriminatory manner according to the following terms and conditions.
9.6.1 Description
9.6.1.1 Unbundled Dedicated Interoffce 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 interoffce transmission path
designed to a DSX in each Qwest Wire Center. UDIT is available in DSO through DS3
bandwidths. CLEC can assign channels and transport its choice of voice or data.
Specifications, interfaces and parameters are described in Qwest Technical Publication
77389.
9.6.1.2
9.6.1.3
Intentionally Left Blank.
Intentionally Left Blank.
9.6.2 Terms and Conditions
9.6.2.0 Intentionally Left Blank.
9.6.2.0.1 Qwest shall unbundle DS1 transport between any pair of Qwest
Wire Centers except where, through application of "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
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Center at either end of a requested Route is not a Tier 1 Wire Center, or if neither
is a Tier 1 Wire Center.
9.6.2.0.1.1 On Routes for which no unbundling obligation for DS3
dedicated transport circuits exists but for which DS1 Dedicated Transport
is available on an unbundled basis, CLEC may obtain a maximum of ten
(10) unbundled DS1 Dedicated Transport circuits.
9.6.2.0.2 Qwest shall unbundle DS3 transport between any pair of Qwest
Wire Centers except where, through application . of "Tiet' classifications, as
defined in Section 4 of this Agreement, both Wire Centers defining the Route are ,
either Tier 1 or Tier 2 Wire Centers. As such, Qwest must unbundle DS3 .
transport if a Wire Center on either end of a requested Route is a Tier 3 Wire
Center.
9.6.2.0.2.1 CLEC may obtain a maximum of twelve (12) unbundled
DS3 dedicated transport circuits on each Route where DS3 dedicated
transport is available on an unbundled basi~.
9.6.2.0.3 Intentionally Left Blank.
9.6.2.0.4 All services provided in this Section 9.6 are subject to the
Ratcheting criteria as provided in Section 9.1.1.9 of this Agreement.
9.6.2.0.5 All services' provided in this Section 9.6, when combined with high
capacity Loops, are subject to the Service Eligibilty Critena 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 wil not be required of CLEC when CLEC orders
a continuous UDITelement 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 utilze any form of Collocation at both ends of the
UDIT. Qwests design will 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.
Intentionally Left Blank...9.6.2.5
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9.6.2.7
9.6.2.8
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Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
9.6.2.9 Upon CLEC request, Qwest wil convert special access- or private line
circuits to UDIT, provided the servce originates at CLEC's Collocation in the Serving
Wire Center.
9.6.3 Rate Elements
Exhibit A provides recurring and nonrecurrng 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 Facilties (Per Mile) Rate Element. This recurring rate
element provides a transmission path of 1.544 Mbps between Qwest 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 Qwest Wire Centers.
c) Intentionally Left Blank.
d) DS1 Nonrecurring Charge. One-time charges apply for à specific work
activity associated with installation of the DS 1 service.
e) Intentionally Left Blank.
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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 Facilties (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.
9.6.3.3
"
9.6.3.4
9.6.3.5
9.6.3.6
9.6.3.7
9.6.3.8
c) Intentionally Left Blank.
d) DS3 Nonrecurring Charge. One-time charges apply for a specific work
activity associated with installation of the DS3 service.
e)Intentionally Left Blank.
DSO UDIT includes the following rate elements:
a) DSO Transport Termination (Fixed). This recurrng 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 Facilties (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 DSOUDIT. 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 settings at each end of the DSO UDIT.
Intentionally Left Blank.
Intentionally Left Blank.
9.6.3.5.1 Intentionally Left Blank.
Nonrecurring charges apply for rearrangements of UDIT.
Intentionally Left Blank.
Intentionally Left Blank.
9.6.3.9 The following miscellaneous services, as described in Section 9.1.12, are
available with UDIT. Miscellaneous Charges apply for miscellaneous services.
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a)Additional labor - other
b)Cancellation
c)Design Change
d)Dispatch
e)Expedite
f)Maintenance of Service.
9.6.3.10 A nonrecurrng 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 Owest receives a complete and
accurate ASR. This date is considered the start of the installation interval if the
order is received prior to 3:00 p.m. The installation interval wil begin on the next
business day for service requests received after 3:00 p.m. The installation
intervals have been established and are set forth in Exhibit C of this Agreement.
9.6.4.1.4 Intentionally Left Blank.
9.6.4.1.5 ' An order may be canceled any time up to and including the Due
Date/Service Date. Cancellation Miscellaneous Charges apply for such
cancellations except when:
a) The original Due Date or CLEC-initiated subsequent Due Date
was, or CLEC has been notifed by Owest that such Due Date wil be,
delayed ten (10) business days or longer; or
b) The original Due Date has been scheduled later than the
expiration of the standard interval set forth in Exhibit C and CLEC cancels
its order no later than ten (10) days before such original Due Date.
9.6.4.1.6 Definitions of the most common critical dates that occur during
the ordering and installation process are included in the Definitions Section of
this Agreement.
9.6.4.2 UDIT is ordered with basic installation. Owest wil install the UDIT
extending connections to CLEC Demarcation Point and wil notify CLEC when the work
activity is complete.
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9.6.4.3 Intentionally Left Blank.
Intentionally Left Blank.9.6.4.4
9.6.4.5 Qwest wil perform industry standard tests, set forth in Technical
Publication 77389, when 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 billng.
9.6.4.7 CLEC wil submit an Access Service Request (ASR) for rearrangement
including appropriate termination information (e.g., Connecting Facilty Assignment
(CFA) or Network Channel Codes/Netwrk 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 will be repaired by CLEC
and Qwest Cross Connections will be repaired by Qwest. Maintenance and Repair
processes are contained in the Access to CSS 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 wil be completed within the normal
intervals outlined in Exhibit C. If CLEC desires a coordinated rearrangement of
terminations or options changes, additional labor installation as identified in Exhibit A
shall apply.
9.6.6.3 CLEC wil submit an ASR with the rearrange USCC 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 interoffce 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)
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distinct forms: (a) UDF interoffce facilty (UDF-IOF), which constitutes a deployed route
between two (2) Qwest Wire Centers; and (b) UDF MTE Subloop that begins at or near an MTE
premises to provide access to MTE premises wiring. Deployed Dark Fiber facilties shall include
all local exchange Dark Fiber Qwest owns directly or to which it has a right to access under
agreements with any other part affliated or not, that do not prohibit Qwests abilty to provide
access to another Person or entity. Deployed Dark Fiber facilities shall not be limited to facilities
owned by Qwest, but wil include in place and easily called into service facilities to which Qwest
has otherwise obtained a right'of access, including but not limited to capitalized Indefeasible Right
to Use (IRUs) or capitalized leases. Qwest shall not be required to extend access in a manner
that is inconsistent with the restrictions and other terms and conditions that apply to Qwests
access; however, in the case of access obtained from an Affliate: (a) the actual practice and
custom as between Qwest and the Affliate shall apply, in the event that it provides broader
accss than does any documented agreement that may exist, and (b) any terms restricting access
by ClEC that are imposed by the agreement with the Affliate (excluding good-faith restrictions
imposed by any agreement with a third part from whom the Affliate has gained rights of access)
shall not be applied to restrict ClEC access.
9.7.2 Terms and Conditions
9.7.2.0 Qwest shall unbundle dark fiber transport between any pair of Qwest Wire
Centers except where, through application of "Tier" classifications described in Section 4
of this Agreement, both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire
Centers. As such, Qwest must unbundle dark fiber transport if a Wire Center on either
end of a requested Route is a Tier 3 Wire Center.
9.7.2.1 Qwest wil provide ClEC with non-discriminatory access to UDF in
accordance with Section 9.1. Qwest wil provide UDF of substantially the same quality
as the fiber facilties that Qwest uses to provide retail service to its own End User
Customers. ,
9.7.2.2 Qwest provides access to unbundled Dark Fiber at:
9.7.2.2.1 Accessible terminations such as fiber distribution panels.
9.7.2.2.2 A point of technically feasible access is any point in Qwests
outside plant at or near an MTE premises where a technician can access the
wire or fiber within the cable without removing a splice case to reach the wire or
fiber within to access the wiring in the MTE premises. Such points include, but
are not limited to, a pole or pedestal, the network interface device, the minimum
point of entry, the single point of interconnection, and the feeder/distribution
interface.
9.7.2.2.3 Intentionally left Blank.
9.7.2.3 Qwest wil provide ClEC wih accss to deployed Dark Fiber facilties.
ClEC shall be responsible for obtaining and connecting electronic equipment, whether
light generàting or light terminating equipment, to the Dark Fiber at both ends, provided
that if ClEC requests Qwest to obtain and connect the electronic equipment, Qwest wil
follow the requirements of Section 9.19 in deciding whether or not to build the facilties
forClEC.
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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 available
Dark Fibers or four (4) Dark Fiber strands, whichever is greater, in each fiber cable
segment over a twelve (12) month period. Before CLEC may order additional UDF on
such fiber cable segment, CLEC must demonstrate efficient use of existing fiber in each
cable segment. Effcient use of interoffce cable segments is defined as providing a
minimum of OC-12 termination on each fiber pair. Effcient use of UDF MTE Subloop
fiber is defined as providing a minimum of OC-3 termination on each fiber pair. CLEC
may designate five percent (5%) of its fibers along a fiber cable segment, or two (2)
strands, whichever is greater, for maintenance spare, which fibers or strands are not
subject to the termination requirements in this paragraph.
9.7.2.5 Qwest shall not have an obligation to unbundle Dark Fiber in the following
circumstances:
(C",';¡,';:,;
a) Qwest wil not unbundle Dark Fiber that Qwest utilzes 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 abilty 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
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,
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rule or regulation. CLECshall 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 traffc 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
responsibilty of CLEC.
9.7.2.14 Intentionally Left Blank.
9.7.2.15 Access to Dark Fiber MTE Subloops at or near an MTE Terminal within a
non-Owest owned MTE is done through an MTE-POI. Collocation is not required to
access MTE Subloops.
9.7.2.16 CLEC wil incur all costs associated with disconnecting the UDF from its
side of the network Demarcation Point.
9.7.2.17 Owest and CLEC will jointly participate in continuity testing within the
Provisioning interval established in Exhibit C. Owest and CLEC must coordinate on the
date and time for this continuity testing. As part of their respective duties regarding this
continuity test, Owest shall furnish a light detector at one (1) termination point of t~e
UDF, and CLEC shall fumish 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 Owest
must provide a light detector and the Wire Center at which CLEC will provide
light generating equipment. If CLEC does not identify the Wire Center on its
order, Owest 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.
9.7.2.18 If, within ten (10) Days of the date Owest provisioned an order for UDF,
CLEC demonstrates that the UDF pair(s) provisioned over requested route do not meet
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1":;":/(:1 the minimum parameters set forth in Technical Publication 77383, and if the trouble is in
the Qwest UDF facilty, not due to fault on the part of CLEC, then Qwest will at no
additional cost, attempt to repair the UDF as it relates to Qwest cross connects and .
jumpers. If Qwest cannot repair' the UDF to the minimum parameters set forth in
Technical Publication 77383, Qwest wil 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 wil 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 availabilty 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 (ii) above.
9.7.3.1.3 Ifthere 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 Facilty Assignment)
for its network Demarcation Points in each Qwest Wire Center where the UDF
terminates prior to placing an order for UDF. When preliminary APOT has been
established and delivered to CLEC, Qwest can begin processing the UDF Provisioning
order upon receipt of the UDF Provisioning request. If the preliminary APOT address is
changed by CLEC, a new Provisioning time line for UDF must be established.
9.7.3.3 Based on the CLEC request, (UDF-IOF or UDF MTE Subloop), there are
two (2) possible termination scenarios.
9.7.3.3.1 Termination at an MTE. CLEC shall access the UDF MTE
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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 wil begin the Provisioning process upon notification
from CLEC to proceed and the receipt of fift percent (50%) of the nonrecurring
charges. The notification to proceed is accomplished by completing, signing and
retuming the original inquiry request to the account manager. Provisioning
intervals for this type of request are set forth in Exhibit C. CLEC wil 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 thirt (30), sixt (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 wil be repaired by Qwest. Maintenance and Repair
processes are contained in the Access to ass 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 facilty, 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 wil 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,
wil. discontinue the recurring charges effective as of the date of the commencement of
the trouble.
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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 (lRI). This rate element is a pre-order
work effort that investigates the availabilty 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 wil bil CLEC the IRI
immediately upon receipt of the inquiry. The IRI is a record search and does not
guarantee the availabilty 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 thirt (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 CLEe orders UDF
that has been reserved after a Field Verification has been performed, then the
charge for FVQP will be reduced by the amount of the Engineering Verification
charge assessed in the context of the reservation.
c) Engineering Verification. This rate element is an additional records check
for Unbundled Dark Fiber MTE Subloop.
9.7.5.2 The following rate elements are used once the availabilty 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 facilty. Termination charges apply for
each intermediate offce 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
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Point (ICDF). A minimum of two (2) UDF-IOF fiber cross connects apply
per strand. Cross connect charges apply for each intermediate 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.
9.7.5.2.2 Intentionally Left Blank.
Intentionally Left Blank.9.7.5.2.3
9.7.5.2.4
Order.
Unbundled Dark Fiber - Order Charge, First Strand/Route, Per
9.7.5.2.4.1 This rate element is the nonrecurring component
assessed for installation of Unbundled Dark Fiber, by the strand. The
element applies for the first strand that is requested to terminate at a
single location.
9.7.5.2.5 Unbundled Dark Fiber - Order Charge, Each Additional
Strand/Route, Per Order.
9.7.5.2.5.1 This rate element is the nonrecurring component
assessed for installation of each additional Unbundled Dark Fiber strand.
The element applies to each additional strand ordered to the same
location, on the same request.
9.7.5.2.6 Unbundled Dark Fiber per Pair - IOF Rate Elements
9.7.5.2.6.1 UDF-IOF Termination (Fixed) Rate Element. This
rate element is a recurring rate element and provides a termination at the
interoffce FDP within the Qwest Wire Center. Two UDF-IOF terminations
apply per pair at each end of the facilty. 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 Qwest Wire Centers. The
recurring component of this rate element is mileage sensitive based on
the route miles of the UDF rounded up to the next mile.
9.7.5.2.7 UDF-IOF Fiber Cross Connect Rate Element.
9.7.5.2.7.1 This rate element has both a recurring and' nonrecurring
component and is used to extend the optical connection from the IOF
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 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.
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.",-,..",."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 nònrecurring 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 foiiowing 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.
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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
Secion 9
Unbundled Netwrk 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 wil conduct an individual financial assessment of any request that
requires construction of network capacity, facilities, or space for access to or use of UNEs.
When Qwest constructs to fulfill CLEC's request for UNEs, Qwest wil bid this construction on a
case-by-case basis. Qwest wil charge for the construction through nonrecurrng 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
Tari 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 reliabilty
of Qwests existing network, endanger Qwest's 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 constru a network element, the following will apply.
9.19.2 CLEC may request that Qwest construct new facilties for use in providing
services offered as Unbundled Network Elements (UNEs) using the CLEC-Requested
Unbundled Network Elements Construction ("CRUNEC") method. CRUNEC is not required for
requests that can be resolved through facilty 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:
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11
Enhanced Extended Loop (EEL)
Unbundled Subloop
Unbundled Dark Fiber (UDF)
Unbundled Dedicated Interoffce Transport (UDIT)
Unbundled Local Loop
',CO:: ~ì 11
11
11
11
9.19.2.1 To make a request for construction of facilties, 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 serv~;request.
9.19.3.3 Qwest will retain the CQPF if CLEC chooses not to proceed with the
construction. At any point after remitting payment for construction, if CLEC decides to
begin but then to discontinue construction,' Qwest wil refund the Construction payment,
excluding expenditures already incurred by Qwestfor 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:
11 Engineering labor to analyze the needs for the requested UNE and
design and issue the required work orders
1M Furnished material cost
1M 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 facilties for itself.
9.19.3.5 Rates are included in Exhibit A to this Agreement.
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9.20 Intentionally Left Blank
9.21 Line Splitting
9.21.1 Description
Line Splitting provides CLEC/DLEC with the opportunit 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) wil 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 Spliting, CLEC/DLEC must have a Splitter installed
in the Qwest Wire Center that serves the End User. The POTS Splitter must
meet the requirements for Central Offce equipl1ènt 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
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same number of Cross Connections and the same length of the tie pairs as it
. uses for other split services under this Agreement.
9.21.2.1.7 Intentionally Left Blank
9.21.2.1.8 Splitter Collocation requirements are covered in the Shared Loop
Section of this Agreement.
9.21.3 Rate Elements
The following Line Splitting rate elements are contained in Exhibit A of this Agreement.
9.21.3.1 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 ass Charge - A monthly recurring charge to recover the cost of
the ass modifications necessary to provide access to the high frequency portion
of the 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 nonrecurrng
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 àssure 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 wil be applied in accordance with the Access to OSS- Maintenance and
Repair Section.
9.21.3.3.2 Additional Testing - The Customer of record may request 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, Section 9.20.4.
9.21.3.4 Rates for Splitter Collocation are included in Section 8.1.20 of Exhibit A of
this Agreement.
9.21.3.5 Exhibit A identifies the rates that have been approved by the
Commission. The other rates are interim and wil be subject to true-up based on either
mutually agreed permanent rates or permanent rates established in a cost proceeding
conducted by the Commission. In the event interim rates are established by the
Commission before permanent rates are set, the interim rates set forth in Exhibit A wil
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9.21.5
9.21.6
Section 9
Unbundled Network Elements
be changed to reflect the interim rates set by the Commission; however, no true up will
be performed until mutually agreed to permanent rates are established or permanent
rates are established by the Commission.
Ordering Process
9.21.4.1 Line Splitting
9.21.4.1.1 As a part of the pre-order process, CLEC/DLEC may access Loop
characteristic information through the Loop 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 servce 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 Intentionally Left Blank.
9.21.5.2 Qwest shall bil the Customer of record for all recurring and nonrecurring
Line Splitting rate elements.
Repair and Maintenance
9.21.6.1 Qwest wil allow CLEC/DLEC to access Line Splitting at the point where
the combined voice and data Loop is cross-connected to the Splitter.
9.21.6.2 The Customer of record wil be responsible for reporting to Qwest voice
service troubles provided over Line Splitting. Qwest wil be responsible to repair troubles
on the physical line between Network Interface Devices at the Customer premises and
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Unbundled Network Elements
",~.,"'_'i the demarcation point in Qwest Wire Centers. CLEC/DLEC will 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 Splitter 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 fill the shelf to capacity.
9.21.6.5 . When Splitters are installed in Qwest Wire Centers via standard
Collocation arrangements, CLEC/DLEC mcly install test access equipment in its
Collocation areas in those Wire Centers for the purpose of testing Line Splitting. This
equipment must meet the requirements for Central Offce equipment set by the FCC.
9.21.6.6 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 identifcations, 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 wilful or negligent behavior of Qwest.
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Unbundled Netwrk Elements
9.22 Intentionally Left Blank
9.23 Unbundled Network Element Combinations
9.23.1 General Terms
9.23.1.1 Owest shall provide CLEC with non-discriminatory access to
combinations of Unbundled Network Elements, including but not limited to, Enhanced
Extended Loop (EEL), according to the following terms and conditions.
9.23.1.2 Owest wil offer to CLEC. UNE Combinations, on rates, terms and
conditions that are just, reasonable and non-discriminatory in accordance with the terms
and conditions of this Agreement and the requirements of Section 251 and Section 252
of the Act, the applicable FCC rules, and other Applicable Laws. The methods of access
to UNE Combinations described in this section are not exclusive. Qwest wil make
available any other form of access requested by CLEC that is consistent with the Act
and the regulations thereunder. CLEC shall be entitled access to all combinations
functionality as provided in FCC rules and other Applicable Laws. Owest shall not
require CLEC to accss any UNE Combinations in conjunction with any other service or
element unless specified in this Agreement or as required for Technical Feasibilty
reasons. Owest shall not place any use restnctions or other limiting conditions on UNE
Combinations accessed by CLEC, except as specified in this Agreement or required byExisting Rules. .
9.23.1.2.1 Changes in law, regulations or other "Existing Rules" relating to
UNEs and UNE Combinations, including additions and deletions of elements
Owest is required to unbundle and/or provide in a UNE Combination, shall be
incorporated into this Agreement pursuant to Section 2.2. CLEC and Owest
agree that the UNEs identified in Section 9 are not exclusive and that pursuant to
changes in FCC rules, or the Bona Fide Request process, CLEC may identify
and request that Owest 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 facilties (e.g., switched and special access services
offered pursuant to Tari, and request Owest to perform the necessary functions
to provision such Commingling. CLEC wil be required to providè the Connecting
Facilty Assignment (CFA) of CLEC's network demarcation (e.g., Collocation or
multiplexing facilties) for each UNE, UNE Combination, or wholesale service
when requesting Owest to perform the Commingling of such services. Owest
shall not deny access to a UNE on the grounds that the UNE or UNE
Combination shares part of Qwests netwrk 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 Owest to CLEC
hereunder, Owest shall permit CLEC to combine any UNE provided by Owest
with another UNE provided by Owest or with compatible network components
provided by CLEC or provided by third parties to CLEC in order to provide
Telecommunications Services. Notwhstanding the foregoing, CLEC can
connect its UNE Combination to Owests Directory Assistance and operator
services platforms.
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9.23.1.3 When ordered as combinations of UNEs, Network Elements that are
currently combined and ordered together will not be physically disconnected or
separated in any fashion except for technical reasons or if requested by CLEC. Network
Elements to be provisioned together shall be identified and ordered by CLEC as such.
When CLEC orders in combination UNEs that are currently interconnected and
functional, such UNEs shall remain interconnected or combined as a working service
without any disconnection or disruption of functionality.
9.23.1.4 When ordered in combination, Qwest wil combine for CLEC UNEs that
are ordinarily combined in Qwests network, provided that facilties are available.
9.23.1.5 When ordered in combination, Qwest wil combine for CLEC UNEs that
are not ordinarily combined in Qwests network, provided that facilties are available and
such combination:
9.23.1.5.1 Is Technically Feasible;
9.23.1.5.2 Would not impair the abilty of other Carriers to obtain access to
UNEs or to interconnect with Qwests network; and
9.23.1.5.3 Would not impair Qwests use of its network.
9.23.1.6 When ordered in combination, Qwest wil combine CLEC UNEs with
Qwest UNEs, provided that facilties are available and such combination:
9.23.1.6.1 Is Technically Feasible;
9.23.1.6.2 Shall be performed in a manner that provides Qwest access to
necessary facilties;
9.23.1.6.3 Would not impair the abilty 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, GLEC can order such products
without using the Special Request Process, but CLEC may need to submit a New Customer
Questionnaire and execute an amendment before ordering such products.
9.23.3 Terms and Conditions
9.23.3.1 Qwest shall provide non-discriminatory access to UNE Combinations on
rates, terms and conditions that are non-discriminatory, just and reasonable. The quality
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of a UNE Combination Qwest provides, as well as the access provided to that UNE
Combination, will be equal between all Carrier' 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 will provide accss 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 interoffce transport and may also include multiplexing. EEL transport and
Loop facilties 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 Eligibilit Criteria in Section 9.1.1.10 apply to
combinations of high capacity (DS1 and DS3) Loops and interoffce transport
(high capacity EELs). This includes new UNE EELs, EEL conversions (including
commingled EEL conversions) or new commingled EELs (e.g., high capacity
loops attached to special access transport). CLEC cannot utilze combinations of
Unbundled Network Elements that include DS1 or DS3 Unbundled Loops and
DS1 or DS3 Unbundled Dedicated Interoffce Transport (UDIT) to create high
capacity EELs unless CLEC certifes to Qwest that the EELs meet the Service
Eligibilty Criteria in Section 9.1.1.10.
9.23.3.7.2 Intentionally Left Blank.
9.23.3.7.2.1 Intentionally Left Blank.
9.23.3-.7.2.2 Intentionally Left Blank.
9.23.3.7.2.3 Intentionally Left Blank.
9.23.3.7.2.4 Intentionally Left Blank.
9.23.3.7.2.5 Intentionally Left Blank.
9.23.3.7.2.6 Intentionally Left Blank.
9.23.3.7.2.7 Intentionally Left Blank.
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.r:'.';'~"",;~,\9.23.3.7.2.8
9.23.3.7.2.9
Intentionally Left Blank.".: .:~:::
9.23.3.7.2.10
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
interoffice transport used for the purpose of connecting an End User
Customer to CLEC's Collocation. EEL can also be ordered as a new
installation of circuits for the purpose of CLEC providing services to End
User Customers.
9.23.3.7.2.12.1
9.23.3.7.2.12.2 .
Terms and Conditions
Intentionally Left Blank.
9.23.3.7.2.12.3 One (1) end of the interoffice facilty of a
high capacity EEL must originate at CLEC's Collocation in a Wire
Center other than the Serving Wire Center of the Loop.
9.23.3.7.2.12.4 EEL combinations consist of Loops and
interoffce transport of the same bandwidth (Point-to-Point EEL).
High capacity point-to-point EELs must originate from CLEC's
Collocation in a Wire Center other than the Serving Wire Center of
the Loop. When multiplexing is requested, EEL may consist of
Loops and interoffice transport of different bandwidths
(multiplexed EEL).
9.23.3.7.2.12.5 Intentionally Left Blank.
.~~i)'O:i/
9.23.3.7.2.12.6 Installation intervals are set forth in Exhibit
C and in the Service Interval Guide (SIG) on the following web site
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address: http://ww.qwest.com/carrier/guides/siglindex.html.
9.23.3.7.2.12.7 Intentionally Left Blank.
9.23.3.7.2.12.8 EEL is available only where existing
facilties 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.
Ordenng
9.23.3.8.1
9.23.3.8.2
Intentionally Left Blank.
CLEC wil submit EEL orders using the LSR process.
9.23.3.8.3 Qwest will install the appropriate channel card based on the
DSO EEL Loop LSR order and apply the charges.
9.23.3.8.4 Intentionally Left Blank.
9.23.3..8.5 One (1) LSR is required when CLEC orders Point-to-Point EEL.
Multiplexed EEL and EEL Loops 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, Qwest' standard installation hours are 8:00
a.m. to 5:00 p.m. (local .time), Monday through Friday, excluding holidays.
Installations commencing outside of these hours are considered to be out of
hours project coordinated installations.
9.23.3.8.6.1 The' date and time for the out of hours project
coordinated installation requires up-front planning and shall be negotiated
between Qwest and CLEC. All requests wil be processed on a first
come, first served basis and are subject to Qwests abilty to meet a
reasonable demand. Considerations such as volumes, system down
time, Switch upgrades, Switch maintenance, and the possibilty 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
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....Exhibit A provides recurring and nonrecurring rates for EEL and also provides
Miscellaneous Charges.
9.23.3.9.1 EEL Loop. The EEL Loop is the Loop connection between the
End User Customer premises and the Serving Wire Center. EEL Loop is
available in DSO, DS1, and DS3 bandwidths. Recurring and nonrecurring
charges apply.
9.23.3.9.2 EEL Transport. EEL Transport consists of the dedicated
interoffce facilties 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
ef!
c)Cancellation
d)Design change
e)Dispatch
f)Expedite
g)Maintenance of Service.
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9.23.3.10 CLEC may request access to and, where appropriate, development of,
additional UNE Combinations. For UNEs Owest currently combines in its network,
CLEC can use the Special Request Process (SRP) set forth in Exhibit F. For UNEs that
Owest does not currently combine, CLEC must use the Bona Fide Request Process
(BFR). In its BFR or SRP request, CLEC must identif the specific combination of
UNEs, identifying each individual UNE by name as described in this Agreement.
9.23.3.11 Intentionally Left Blank.
9.23.3.12 If CLEC is obtaining services from Owest under an arrangement or
agreement that includes the application of termination liabilty assessment (TLA) or
minimum period charges, and if CLEC wishes to convert such services to UNEs or a
UNE Combination, the conversion of such services wil not be delayed due to the
applicabilty of TLA or minimum period charges. The applicability of such charges is
governed by the terms of the original agreement, Tarif or arrangement. Nothing herein
shall be construed as expanding the rights otherwise granted by this Agreement or by
law to elect to make such conversions.
9.23.3.13 For installation of new UNE Combinations, CLEC wil not be assessed
UNE rates for UNEs ordered in combination until access to all UNEs that make up such
combination have been provisioned to CLEC as a combination.
9.23.3.14
9.23.3.15
Intentionally Left Blank.
Intentionally Left Blank.
9.23.3.16 In the event Owest 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 Owest
be responsible for providing such notice to CLEC's End User Customers. Owest shall
only be required to notif CLEC of Owests 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, Biling, collection and inquiry. CLEC shall inform its End User Customers
that they are End User Customers of CLEC. CLEC's End User Customers contacting
Owest will be instructed to contact CLEC, and Owests End User Customers contacting
CLEC wil be instructed to contact Owest. In responding to calls, neither Part shall
make disparaging remarks about each other. To the extent the correct provider can be
determined, misdirected calls received by either Part wil be referred to the proper
provider of local Exchange Service; however, nothing in this Agreement shall be deemed
to prohibit Owest or CLEC from discussing its products and services with CLEC's or
Owests End User Customers who call the other Part seeking such information.
9.23.4 Rates and Charges
9.23.4.1 The rates and recurring and nonrecurring charges for the individual
Unbundled Network Elements that comprise UNE Combinations are contained in Exhibit
A, and Exhibit A also provides Miscellaneous Charges.
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9.23.4.1.1 Recurring monthly charges for each Unbundled Network
Element that comprise the UNE Combination shall apply when a UNE
Combination is ordered.
9.23.4.1.2 Nonrecurring charges, if any, wil apply based upon the cost to
Qwest of Provisioning the UNE Combination and providing access to the UNE
Combination.
9.23.4.1.3 Miscellaneous Charges will apply based upon Qwest providing
miscellaneous services, if made available, with UNE combination.
9.23.4.2 If the Commission takes any action to adjust the rates previously ordered,
Qwest wil make a compliance filing to incorporate the adjusted rates into Exhibit A.
Upon the compliance filing by Qwest, the Parties will abide by the adjusted rates on a
going-forward basis, or as ordered by the Commission.
9.23.4.3 CLEC shall be responsible for Billng its End User Customers served over
UNE Combinations for surcharges required of CLEC by statute, regulation or otherwiserequired. .
9.23.4.4 Intentionally Left Blank.
Intentionally Left Blank.9.23.4.5
9.23.4.6 Qwest 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 Intentionally Left Blank.
9.23.5.1.2 Intentionally Left Blank.
9.23.5.1.3 Step 1: Complete product questionnaire with account team
representative.
9.23.5.1.4 Step 2: Obtain Billng Account Number (BAN) through account
team representative.
9.23.5.1.5 Step 3: Allow two (2) to three (3) weeks from Qwests receipt of
a completed questionnaire for accurate loading of UNE Combination rates to the
Qwest Billng system.
9.23.5.1.6 Step 4: After account team notification, place UNE Combination
orders via an LSR or ASR, as appropriate.
Ei~i)."'4;;
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9.23.5.1.7 Additional information regarding the ordering processes is 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 èonsidered 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 Biling period, in an agreed upon standardelectronic Biling format, Billing information including (1) a summary bil, 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 facilties 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 facilties 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
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Secton 9
Unbundled Network Elements
range above the voice band on the copper Loop. The advanced data service may be provided
by the Customer of Record (the voice service provider) or another data service provider chosen
by the Customer of Record. The Splitter separates the voice and data traffc and allows the
copper Loop to be used for simultaneous DLEC data transmission and CLEC provided voice
service to the End User Customer. "CLEC" wil herein be referred to as the voice service
provider while "DLEC" wil be referred to as the advanced data service provider. CLEC and
DLEC may be the same entity.
9.24.1.1 With regard to 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, filter(s) and/or
other equipment necessary for the End User Customer to receive separate voice
and data service across a single copper Loop.
9.24.2.1.2 To order Loop Splitting, CLEC/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 Offce equipment Collocation set
by the FCC or be compliant with ANSI T1.413.
9.24.2.1.3 There may only be one DLEC at any given time that provides
advanced data service on any given Unbundled Loop.
9.24.2.1.4 If Loop Splitting is requested for an analog Loop, the Loop must
be converted to a 2/4 wire non-loaded Loop.
9.24.2.1.4.1 The Customer of Record will be able to request
conditioning of the Unbundled Loop. 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 9.2 of this Agreement.
9.24.2.1.4.2 If requested conditioning significantly degrades the
existing service over the Unbundled Loop to the point that it is
unacceptable to CLEe, Customer of Record shall pay to convert back toan 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 appropnately 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
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Agreement, except for the additional CLEC-to-CLEC connection, which is
required for Loop Splitting.
9.24.3 Rate Elements
Recurring and nonrecurring charges for the following Loop Spliting rate elements are contained
in Exhibit A, and Exhibit A also provides Miscellaneous Charges.
9.24.3.1 Recurring Rates
9.24.3.1.1 Interconnection Tie Pairs (ITP) - A monthly recurring charge to
recover the costs associated with the use of ITPs.
9.24.3.1.2 ass Charge - A monthly recurrng charge to recover the cost of
the ass modifications necessary to provide accss to the high frequency portion
of the Unbundled Loop.
9.24.3.2 Nonrecurrng Rates
9.24.3.2.1 Basic Installation Charge - A nonrecurrng 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/OLEC may access
Loop characteristic information through the Loop Information Tool described in
the Access to ass Section. The Customer of Record wil determine, -in its sole
discretion and at its risk, whether to add data services to any specific Unbundled
Loop.
9.24.4.1.2 The Customer of Record wil provide on the LSR, the
appropriate frame terminations that are dedicated to Splitters. Qwest wil
administer all cross connects/jumpers on the CaSMIC/MOF and IOF.
, 9.24.4.1.3 Basic Installation "lift and lay" procedure wil be used for all Loop
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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'slDLEC's collocated equipment in the same Wire Center.
9.24.4.1.4 The Customer of Record shall not place orders for Loop Splitting
until all work necessary to provision Loop Splitting in a given Qwest Wire Center,
including, but not limited to, Splitter installation and tie cable reclassification or
augmentation has been completed.
9.24.4.1.5 The Customer of Record shall submit the appropriate LSRs
associated with establishing Unbundled Loop and Loop Splitting.
9.24.4.1.6 If the voice service is disconnected on a Loop Splitting
arrangement, the Loop Splitting arrangement shall terminate. . CLEC may
arrange to provide DSL service to the End User Customer through purchase of
another product.
9.24.5 Biling
9.24.5.1 Qwest shall provide a bil to the Customer of Record, on a monthly basis,
within seven (7) to ten (10) Days of the last day of the most recent Biling period, in an
agreed upon standard electronic Biling format.
9.24.5.2 Qwest shall bil the Customer of Record for all recurring and nonrecurring
Loop Splitting rate elements.
9.24.6 Repair and Maintenance
9.24.6.1 Qwest wil allow 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 wil be responsible for reporting to Qwest
service troubles provided over Loop Splitting. Qwest will be responsible to repair
troubles on the physical line between Network Interface Devices at the End User
Customer premises and the point of demarcation in Qwest Wire Centers. Qwest, CLEC
and DLEC each wil be responsible for maintaining its equipment. The entity that
controls the Splitters 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
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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.
9.24.7.3 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 authonzed 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 identifcations, digital certifcates and SecurlD cards, that
allow such Person to access the records of the Customer of Record unless such access
and secunty 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 (PLT), or with a special access (SA), Tariffed DS1
or DS3 multiplexed facilty with no interoffce transport. The PLT/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 thesame Owest Wire Center. '
9.25.1.2 lMC provides CLEC with the abilty 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
PLT/SA multiplexed facilty.
9.25.2.2 LMC Loops wil be provisioned where existing facilties are
available.
9.25.2.3 The PLT/SA DS1 or DS3 multiplexed facilty must terminate in a
Collocation.
9.25.2.4 The multiplexed facilit is subject to all terms and conditions
(ordering, provisioning, and biling) of the appropriate Tariff. '
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9.25.2.5 The multiplexer and the Collocation must be located in the same
Qwest Wire Center.
9.25.2.6 Rearrangements may be requested for work to be performed by
Qwest 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 OS1. Recurring and non-
recurring charges apply.
9.25.3.2 DSO Mux Low Side Channelization. LMC DSO channel cards
are required for each DSO LMC Loop connected to a 1/0 LMC multiplexer.
Channel cards are available for analog loop start, ground start, reverse battery,
and no signaling. See channel performance for recurring charges.
9.25.3.3 Nonrecurring charges apply for billing conversions to LMC Loop.
9.25.3.4 Nonrecurring charge apply for rearrangements of an existing
LMC Loop, or on some private line/special access circuits, when coupled with a
conversion-as-specified request to convert to LMC Loop.
9.25.3.5 Nonrecurring charges apply for conversion of private line/special
access to LMC.
9.25.3.6 Miscellaneous Charges. The following miscellaneous services,
as described in Section 9.1.12, are available with LMC. Miscellaneous Charges
apply for miscellaneous services.
a) Additional labor - installation Miscellaneous Charges apply for out-
of-hours project coordinated installations scheduled to commence out of
hours, or rescheduled by CLEC to commence out of hours, in addition to
standar9, nonrecurring charges for the installation
b) Additional labor - other Miscellaneous Charges apply for OptionalTesting .
c) Cancellation
d) Design change
e) Dispatch
f) Expedite
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g) Maintenance of Service
Ordering Process
9.25.4.1 Ordenng processes for LMC Loop(s) are contained in this
Agreement and in Qwests Product Catalog (PCAT). The following is a high-level
descnption 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 biling 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 billing system.
9.25.4.1.4 Step 4: After account team notification, place LMC Loop
orders via an LSR.
9.25.4.2 Prior to placing an order on behalf of each End User Customer,
CLEC shall be responsible for obtaining and have in its possession a Proof of
Authonzation (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 pnor to 3:00 p.m.
For LMC Loops, 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.
9.25.4.5 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 Fnday, except holidaýs. 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 abilit to meet a reasonable
demand. Considerations such as volumes, system down time, Switch
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Section 9
Unbundled Network Elements
upgrades, Switch maintenance, and the possibility of other CLECs
requesting the same appointment times in the same Switch (Switch
contention) must pe 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 specif an out of hours project coordinated Installation in the
"remarks" section of the LSR.
Biling
9.25.5.1 Qwest shall provide CLEC, on a monthly basis, within seven to ten
(7 to 10) Days of the last day of the most recent biling period, in an agreed upon
standard electronic biling format, billing information including (1) a summary bill,
and (2) individual End User Customer sub-account information.
Maintenance and Repair
9.25.6.1 Qwest wil maintain facilties and equipment for LMC Loops
provided under this Agreement. Qwest will maintain the multiplexed facilty
pursuant to the Tariff. CLEC or its End User Customers may not rearrange;
move, disconnect or attempt to repair Qwest facilties or equipment, other than by
connection or disconnection to 'any interface between Qwest and the End User
Customer, without the prior written consent of Qwest.
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Section 10
Ancilary Servces
Section 10.0 - ANCILLAY SERVICES
10.1 Interim Number Portbilty
10.1.1 Description
10.1.1.1 Interim Number Portabilit (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 Qwst to CLEC or by CLEC to Qwest.
For the purposes of this section, the Part porting traffc to the other Part shall be
referred to as the "INP Provider" and the Part receiving INP traffc for termination shall
be referred to as the "INP Requestor."
10.1.1.2 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 capabilty to route calls placed to telephone numbers assigned to the INP
Providets Switches to the INP Requestots 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 Requestots service. Local Interconnect Service (LIS) is required for
INP.
10.1.1.3 INP is available as INP-Remote Call Forwarding (INP-RCF), Direct
Inward Dialing (DID), and Directory Number Route Index (DNRI) and NXX Migration.
DNRI is available as either direct to an End Offce Switch or through a Tandem Switch,
also referred to as DNRI Tandem (RIPH)or portbilty 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 Availabilty 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 Requestots Switch via a DID trunk
configuration. Each DID trunk group used for INP is dedicated to carrying DID INP traffc
between Qwests End Ofice Switch and CLEC's End Offce 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 10 to CLEC's
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End Office Switch. With DID, because there is no SS7 capability, there are CLASS
feature limitations. For DID, the INP Provider wil deliver the dialed telephone number to
the INP Requestor's Central Ofce.
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 Offce Switch. The INP Provider wil deliver
the dialed seven digit telephone number to the INP requestor's Central Offce. INP
Requestor may terminate the call as desired. Additional capacity for simultaneous call
forwarding is available where Technically Feasible. The INP Requestor will need to
specify the number of simultaneous calls to be forwarded for each telephone number
ported. DNRI Tandem Switch routing requires an additional thirt (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, reliabilty and convenience as
possible.
10.1.2.2 Qwest will coordinate INP with Unbundled Loop cutovers in a reasonable
amount of time and with minimum service disruption.
10.1.2.3 The Parties shall provide INP on a reciprocal basis to each other to the
extent Technically Feasible, and in accordance with rules and regulations as, from time
to time, prescribed by the FCC and/or the Commission.
10.1.2.4 Until the long term number portabilty solution, referred to as Local
Number Portabilty (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 Portabilty has been implemented within a Wire
Center, INP wil no longer be available for ordering within that Wire Center.
10.1.2.6 Upon LNP implementation, the INP offerings wil be withdrawn subject to
advance notice to the other Part. Both Parties wil conform to the Western Region LNP
Technical and Operations team guidelines and agreements for completion of INP to LNP
conversion activity.
10.1.2.7 The INP Requestor's designated INP End Offce Switch must return
answer and disconnect supervision to the INP Provider's End Offce 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
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with the E911 database provider.
10.1.2.9 Owest wil update its Line Information Database (LIDS) listings for ported
telephone numbers as directed by CLEC. Owest wil restrict or cancel callng cards
associated with these ported telephone numbers. LIDS updates shall be completed by
the Parties on the same business day each INP arrangement is activated.
10.1.2.10 An INP telephone number may be assigned by INP Requestor only to the
INP Requestor's End User Customers located within the INP Provider's Local Callng
Area and toll rating area that is associated with the NXX Code of the ported telephone
number.
10.1.2.11 INP is applicable only if the INP Requestor is engaged in a reciprocal
traffc exchange arrangement with the INP Provider.
10.1.2.12 Only the existing INP Provider assigned End User Customer telephone
number may be used as a ported telephone number for INP.
10.1.2.13 An INP telephone number must be active and assigned to an End User
Customer to accommodate INP.
10.1.2.14 INP services shall not be re-sold, shared or assigned by either Part 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 humbers may not be used for mass callng events.
10.1.2.16 The ported telephone number wil be returned to the End Office Switch
which originally had the ported telephone number when the End User Customer
disconnects service from the INP Requestor. The INP Requestor shall not retain it and
reassign it to another End User Customer. The normal intercept announcement 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 Offce Switch if the NXX
Code is used solely for one (1) End User Customer. Where one Part has activated an
entire NXX Code for a single End User Customer, or activated a substantial portion of an
NXX Code for a single End User Customer with the remáining telephone numbers in that
NXX Code either reserved for future use or otherwise unused, if such End User
Customer chooses to receive service from the other Part, the first Part shall cooperate
with the second Part to have the entire NXX Code reassigned to an End Offce Switch
operated by the second Part through the NANP administrator. In addition, both Parties
agree to cooperate in arranging necessary updates and industry notification in the LERG
(and associated industry databases, routing tables, etc.). Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
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r,: _:~-;,'O.:..;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 Offce
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
Portabilty forms. Specific details regarding the ordering of INP service is contained in
the PCAT.
10.1.3.2 CLEC may,order INP service either manually or through an electronic
interface. The electronic gateway solution for ordering service is described in Section 12
of this Agreement.
10.1.3.3 Service intervals for INP are described below. These intervals apply
when facilities and network capacity is available. Where facilties or network capacity is
not available, intervals are on an Individual Case Basis (ICB). Orders received after
3:00 P.M. are considered the next business day. The following service intervals have
been established for Interim Number Portabilit:
Number of Lines Interval
Simple (1 FR/1 FB)
1-49 lines
50 or more lines
3 business days
ICB
Complex (PBX Trunks/ISDN)
1-8 lines or trunks
9-16 lines or trunks
17-24 lines or trunks
25 or more lines or trunks
5 business days
6 business days
7 business days
ICB
Centrex
1-10 lines
11-20 lines
21 or more lines
5 business days
10 business days
ICB
Out of Hours Conversions
Any quantity ICB
10.1.3.4 Qwest will provide FOCs to CLECs within ,a reasonable time, no later than
48 hours after receipt of complete and accurate orders for regular POTS or simple
business End User Customers. The FOC interval for all other complex orders will be
within a reasonable time, no later than 8 business days from receipt of complete and
accurate orders. The FOC for ICB orders will reflect án ICB FOC date.
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a.m. to 7:00 p.m., local time, Monday through Friday. CLEC may also request a Frame
Due Time (FDT) of 5:00 a.m. as a normal business hour, Monday through Friday.
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Requests for Frame Due Times other than the 5:00 a.m. or 7:00 a.m. to 7:00 p.m.
normal business hours shall be considered an out of hours cut.
10.1.3.6 CLEC shall request service within the normal business hours by
submitting a Local Service Request (LSR) and designating the requested Frame Due
Time. Requests for Frame Due Times within normal business hours wil be proactively
managed by 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 cut 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 specif an Out
of Hours cut and the tye of cut (cordinated or non-coordinated).
10.1.3.7.3 The date and time for the coordinated cut may need tQ 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
10.1.3.7.5
Non-Coordinated Out of Hours Cut
10.1.3.7.4.1 CLEC shall request out of hours non-coordinated
cuts by submiting 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 wil not incur additional charges for non-
coordinated out of hours cuts.
Coordinated Out of Hours Cut
10.1.3.7.5.1 CLECs shall request a coordinated out of hours ,cut
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by submitting a LSR and designating the requested FDT.
10.1.3.7.5.2 Out of hours coordinated cuts wil be managed by a
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 wil incur additional charges for coordinated
out of hours cuts.
10.1.3.8 End User Customer Impacts
10.1.3.8.1 The INP Requestor is responsible for all dealings with and on
behalf of its End User Customers, including all End User Customer account
activity (e.g., End User Customer inquiries and complaints).
10.1.3.8.2 Each Part is responsible for obtaining a Proof of Authorization
from its End User Customers who request a transfer of the End User Customets
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 facilties (e.g., Loops).
10.1.3.8.4 If an End User Customer requests transfer of service from the
INP Requestor back to the INP Provider, the INP Provider may rely on that End
User Customer request to institute cancellation of the INP service. The INP
Provider wil provide at least 48 hours notice to the INP Requestor of the
cancellation of INP service, and wil work cooperatively with the INP Requestor to
ensure a smooth End User Customer transition and to provide for coordination
with other facilties (e.g., Loops).
10.1.3.8.5 The INP Requestor wil submit to the INP Provider a disconnect
order for each ported telephone number that is relinquished by the INP
Requestots End User Customers. Qwest Wil provide an electronic interface for
the purpose of ordering INP service. This interface may be accmplished 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
responsibilty for resolution of any service trouble report(s) from its End User Customers.
End User Customers of CLEC wil be instructed to report all cases of trouble to theirService 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 will work cooperatively with CLEC to resolve trouble reports when
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the trouble condition has been isolated and found to be within a portion of the Owest
network. Owest wil perform standard tests to isolate and repair the trouble. For INP
trouble reports, Owest wil not be responsible for testing the Unbundled Loop leased by
CLEC.
10.1.4.4 The trouble ticket will be closed by the functional group that corrected the
trouble. This group wil also contact CLEC to inform them that the ticket has been
closed. Current trouble codes and analysis coes wil be entered to the trouble ticket.
10.1.5 Rate Elements
10.1.5.1 INP Rate Elements
In accordance with Commission requirements, Owest 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. 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 Portabilty rates.
10.1.5.1.1 In accordance with Commission requirements, Owest recovers
an appropriate allocation of its INP costs through charges to CLEC for each NXX
Code assigned to CLEC. Per Commission Orders, a true-up will be completed
semi-annually. The true-up is a mechanism for readjusting the monthly charge
based on forecasted quantities, to account for actual quantities during the year.
10.1.5.1.2 Charges for Coordinated Out of Hours Cuts. Charges for
coordinated out of hours cuts shall be based upon actual hours worked at
Owests overtime rate, time and one-half rates for timeframes outside of Owests
normal hours except for Sundays and Holidays. Charges for coordinated out of
hours cuts on Sundays and Holidays shall be based upon Owests overtime
premium rate, which is double time. Overtime rates wil be multiplied by the
number of Owest 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 Owest wil schedule the appropriate number of
employees prior to the cut, based upon information provided by CLEC. If
such information requires modifcation during the cut and, as a result,
non-scheduled employees are required, CLEC shall be charged a four
hour minimum callout.
10.1.5.2 Switched Accss Revenues. Owest wil comply with the FCC and
Commission rules regarding the sharing of terminating Switched Access revenues.
Once the End Offce Switch is converted to long term number portabilty (LNP), CLEC
has the abilty to directly bil the Interexchange Carrier, and no sharing of terminating
Switched Access revenues is required.
10.1.5.2.1 The Switched Access rate elements are identified inOwests
Switched Access Tariff.
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10.1.5.2.2 Qwest 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 Qwest corporate data
warehouse once each month. This database contains biled information for
posted orders.
10.1.5.2.4 The calculation of the terminating Switched Access charg.es,
along with the appropriate data for the preceding month will be provided to CLEC
to support the payment. Qwest will pay the pass through amounts to CLEC
within one month. Disputes wil be processed as though this credited amount
were a billed amount under this Agreement.
10.2 Local Number Portabilty
10.2.1 Description
10.2.1.1 Local Number Portabilty (LNP) is defined by the FCC as the abilty of
users of Telecommunications Services to retain, at the same location, existing
Telecommunications numbers without impairment of quality, reliabilty, or convenience
when switching from one Telecommunications Carrier to another. Qwest wil allow
CLEC to port telephone numbers for its End User Customers in the same manner as
Qwest ports telephone numbers for Qwest End User Customers. CLEC may port
telephone numbers into and out of Qwest 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 Qwest 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 Ofce 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 Ofce 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 (POOP).
10.2.2 Terms and Conditions
10.2.2.1 Qwest will provide Local Number Portabilty (LNP), also known as long-
term number portabilty, 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 Allance for Telecommunications
Industry Solutions (ATIS). Unless specifically excluded in Section 10.2.2.6, all telephone
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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 Part shall use reasonable efforts to faciltate the expeditious
deployment of LNP. The Parties shall comply with the processes and implementation
schedules for LNP deployment prescnbed by the FCC. In accordance with industry
guidelines, the publications of LNP capable End Offce 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 servce
disruption. For coordination with Loops not associated with Qwests Unbundled Loop
offering, CLEC may order the LNP managed cut, as descnbed in Section 10.2.5.4.
10.2.2.4.1 Parties understand that LNP order activity must be coordinated
with facilties cutovers in order to ensure that the End User Customer is provided
with uninterrupted service. If the Part 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 Part shall notify the other Party
immediately. Parties will work cooperatively and take prompt action to delay or
cancel the port and any Loop disconnection in accordance with industry (LNPA's
National Number Porting Operations Team), accepted procedures to minimize
End User Customer service disruptions.
10.2.2.4.2 Parties shall transmit a port create subscription or port
concurrence message to the NPAC, in accordance with the FCC's LNPA
Working Group's guidelines. 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 fortn by the
generic technical requirements for LNP as specified in Section 21 of this Agreement.
10.2.2.6 Neither Part 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 Ofce Swich becomes equipped with LNP, all NXXs
assigned to that End Ofce Switch will be defined as portble, to the extent Technically
Feasible, and translations will be changed in each Parts Switches so that th,e portable
NXXs are available for LNP database queries. When an NXX is defined as portable, it
wil also be defined as portable in all LNP-capable End Office Switches that have direct
trunks to the End Ofce Switch associated with the portable NXX.
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10.2.2.8 Each Part shall offer Local Number Portabilty 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 U~P from Owest, Owest
shall ensure that the L1DB entry for that telephone number is de-provisioned if the Owest
L1DB is not being used by CLEC.
10.2.2.10 Both Parties agree to follow the LNP End Office Switch request process
established by the Parties and in compliance with industry guidelines. '
10.2.2.11 NXX Migration, or Local Exchange Routing Guide Reassignment,
reassigns the entire Central Office Code (NXX) to CLEC's End Offce Switch if the code
is used solely for one End User Customer. Where one Part 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 Part
to have the entire NXX reassigned to an End Offce Switch operated by the second Part
through the NANP administrator. In addition, both Parties agree to cooperate in
arranging necessary updates and industry notification in the LERG (and associated
industry databases, routing tables, etc.). Such transfer wil be accomplished with
appropriate coordination between the Parties and subject to appropriate industry lead-
times (as identified in the LERG and the Central Offce Code Administration guidelines)
for movement of NXXs from one End Ofce Switch to another. Other applications of
NXX migration will be discussed by the Parties as circumstances arise.
10.2.2.12 In connection with all LNP requests, the Parties agree to comply with the
National Emergency Number Association (NENA) recommended standards for service
provider Local Number Portabilty (NENA-02-011), as may be updated from time to time,
regarding unlocking and updating End User Customers' telephone number records in the
911/Automatic Location Information (ALI) database. The Current SerVice Provider shall
send the 911 unlock record on the completion date of the order to the 911 databaseadministrator. '
10.2.2.13 Porting of Reserved Numbers. The End User Customers of each Part
may port Reserved Numbers from one Part to the other Part via LNP. Owest wil port
telephone numbers previously reserved by the End User Customer via the appropriate
retail Tariffs until these reservations expire. Owest wil reserve telephone numbers in
accordance with the FCC's rules.
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10.2.2.14 Limits on Subscriber Relocation. Owest 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 ~rovider would
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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 Part or the
Part's Service Order Administration (SOA) and Local Service Management System
(LSMS) vendor(s) has systems and equipment that are compatible with the NPAC'sestablished protocols and that the application of such systems and equipment is
compatible with the NPAC.
10.2.3.2 Each Party shall cooperate to faciltate 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 quenes where Qwest
is unable to perform its own query. Qwest query services and charges are defined in
FCC Tanff #5, including End Offce 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 Part 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 Part 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 Part shall be charged for a LNP query by the other Part only if the
Part to be charged is the N-1 Camer and it was obligated to perform the LNP query but
failed to do so. Parties are not obligated to perform the LNP query pnor to the first portrequested in a NXX. '
10,4.4.4 On calls originating from a Part's network, the Part wil populate, if
Technically Feasible, the Junsdiction Information Parameter (JIP) with the first six digits
of the onginating LRN in the SS? Initial Address Message.
10.2.4.5 Each Part 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
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Customer. Qwest shall update its LNP database from the NPAC SMS data within fiffeen
(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/1FB)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 1-25 5 business days
Trunks, ISDN,(includes FOC
Centrex)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 hoursfor LNP, Qwest wil 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.
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10.2.5.3.1 Qwest wil 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 cut are required, at no charge.) The ten (10)
digit unconditional trigger and End Ofce Switch translations associated with the
End User Customer's telephone number wil not be removed, nor wil Qwest
disconnect the End User Customer's Biling 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 Qwest as soon as possible but in no event later than 12:00 p.m.
(mountain time) the néxt business day after the Due Date to Qwests
Interconnect Service Center in the manner set forth below. For a late notification
properly submitted, Qwest agrees to use its best efforts to ensure that the End
User Customer's service is not disconnected prior to 11 :59 p.m. of the next
business day following the new Due Date or, in the case of a cancellation, no
disruption of the End User Customer's existing service. Late notifcations must
be made by callng Qwests Interconnect Service Center followed by CLEC
submitting a confirming supplemental LSR order.
10.2.5.4 LNP Managed Cut With CLEC.Provided Loop: A managed cut permits
CLEC to select a project managed cut for LNP. Managed cuts are offered on a 24 X 7
basis.
10.2.5.4.1 The date and time for the managed cut requires up-front
planning "and may need to be coordinated between Qwest and CLEC. All
requests will be processed on a first come, first served basis and are subject to
Qwests abilty to meet a reasonable demand. Considerations such as system
downtime, Switch upgrades, Switch maintenance, and the possibilty of other
CLECs requesting the same FDT in the same End Offce Switch (Switch
contention) must be reviewed. In the event that any of these situations would
occur, Qwest wil cordinate 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.
10.2.5,43 CLEC wil incur additional Charges for the managed cut
dependent upon the FDT. The rates are based upon whether the request is
within Qwests normal business hours or out of hours. Qwests normal business
hours are 7:00 a.m. to 7:00 p.m., End User Customer local time, Monday through
Friday.. The rate for managed cuts during normal business hours is the standard
rate. The rate for managed cuts out of hours, except for Sundays and Holidays,
is the overtime rate. Sundays and Holidays are at premium rate.
10.2.5.4.4 Charges for managed cuts shall be based upon actual hours
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worked in one-half (%) hour increments. Exhibit A of this Agreement contains the
rates for managed cuts. CLEC understands and agrees that in the event CLEC
does not make payment for managed cuts, unless disputed as permitted under
Section 5.4 of this Agreement, Qwest shall not accept any new LSR requests for
managed cuts.
10.2.5.4.5 Qwest wil schedule the appropriate number of employees prior
to the cut, normally not to exceed three (3) employees, based upon information
provided by CLEC. CLEC wil 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 Qwest
error or a new Due Date is requested by Qwest within twenty-four (24) hours of
the negotiated FDT, Qwest may be charged by CLEC one person three (3) hour
minimum charge as set forth in Exhibit A.
10.2.5.4.6 In the event that the LNP managed cut conversion is not
successful, CLEC and Qwest agree to isolate and fix the problem in a timeframe
acceptable to CLEC or the End User Customer. If the problem cannot be
corrected within an acceptable timeframe to CLEC or the End User Customer,
CLEC may request the restoral of Qwest service for the ported End User
Customer. Such restoration shall begin immediately upon request. If CLEC is in
error then a supplemental order shall be provided to Qwest. If Qwest is in error,
no supplemental order or additional order wil be required of CLEC.
10.2.5.4.7 Qwest 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 Qwest Loop will not be disconnected prior
to confirmation that CLEC's Loop has been successfully installed.
10.2.6 Maintenance and Repair
10.2.6.1 Each Part is responsible for its own End User Customers and wil have
the responsibilty for resolution of any service trouble report(s) from its End User
Customers. End User Customers wil be instructed to report all cases of trouble to theirCurrent Service Provider. .
10.2.6.2 Each Part 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 an'oher on a reciprocal basis.
10.2.6.3 Qwest 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 Qwest network, Qwest wil perform standard tests and isolate and repair the
trouble within twenty-four (24) hours of receipt of the report.
10.2.6.4 Qwest wil proactively test new Switch features and service offerings to
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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 Portabilty.
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/OMS).
The ALI/OMS database contains End User Customer information (including name,
address, telephone number, and sometimes special information from the Current
Service Provider or End User Customer) used to determine to which Public Safety
Answering Point (PSAP) to route the calL. The ALI/OMS database is used to provide
more routing flexibilty 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 Ofce Switches that serve a geographic area. E911 provides
additional Selective Routing flexibilty for 911 calls. E911 uses End User Customer data,
contained in the ALI/OMS, to determine to which Public Safety Answering Point (PSAP)
to route the calL.
10.3.2 Terms and Conditions
10.3.2.1 Qwest wil provide nondiscriminatory access to' the same Basic 911 or
Enhanced 911 features, functions and services that Qwest provides to its End User
Customers. E911 functions provided to CLEC shall be at the same level of accuracy
and reliabilty as for such support and services that Qwest provides to its End User
Customers for such similar functionality.
10.3.2.2 In counties where Qwest has obligations under existing agreements as
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 Part wil be responsible for those portions of the 911 system for
which it has total control, including any necessary maintenance to each Part's portion of
the 911 system.
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10.3.2.6 Qwest wil provide CLEC with the identification of the Qwest 911
controllng 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
responsibilty 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 part is the primary service provider to a county, CLEC wil
negotiate separately with such third part with regard to the provision of 911 service to
the county. All relations between such third part and CLEC are separate from this
Agreement and 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 wil include such provisions in an amendment to this Agreement.
10.3.2.10 CLEC wil separately negotiate with each county regarding the collection
and reimbursement to the county of applicable End User Customer taxes for 911
service.
10.3.2.11 CLEC is responsible for network management of its network components
in compliance with the Network Reliabilty 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 allactivities under this Agreement. .
10.3.2.13 Neither Part will reimburse the other for any expenses incurred in the
provision of E911 services. All costs incurred by the Parties for 911/E911 services shall
be billed to the appropriate PSAP.
10.3.2.14 Qwests designated E911 database provider, an independent third part,
wil be responsible for maintaining the E911 database. CLEC shall have non-
discriminatory unbundled access to the E911 database, including the listings of other
LECs for purposes of providing 911 services related to the public health, safety and
welfare.
10.3.3 E911 Database Updates
10.3.3.1 ÇLEC 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 part,
wil 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
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Individual Case Basis. The data wil be provided in computer readable format. Qwest
shall provide CLEC access to the Master Street Address Guide at a level of accuracy
and reliabilty that is equivalent to the access Qwest provides to itself.
10.3.4 E911 Database Updates for Facilties-Based CLECs
10.3.4.1 Qwest wil ensure that the 911 database entries for CLEC will be
maintained with the same accuracy and reliabilit that Qwest maintains for Qwests own
End User Customers.
10.3.4.2 For Selective Routing table updates, facilties-based CLECs wil negotiate
directly with Qwests database provider for the input and validation of End User
Customer data into the Qwest Automatic Location Identification (ALI) database. CLEC
wil negotiate directly with the PSAP (or PSAP agency's) DMS/ALI provider for input of
End User Customer data into the ALI database. In most cases the Selective Routing
table updates and the ALI database 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 facilties-based, CLEC wil provide End User Customer data to
Qwests agent for the Qwest ALI database utilzing NENA-02-010 Recommended
Formats and Protocols For ALI Data Exchange standards. Qwest wil furnish CLEC any
variations to NENA recommendations required for ALI database input.
10.3.4.4 If it is facilties-based, CLEC wil provide End User Customer data to
Qwests database provider for Qwests ALI database that is MSAG valid and meets all
components of the NENA-02-011 Recommended Data Standards for Local Exchange
Carriers, ALI Service Providers and 9-1-1 Jurisdictions standard format, as specified byQwest. .
10.3.4.5 If it is facilties-based, CLEC wil update its End User Customer records
provided to Qwests database provider for Qwests ALI database to agree with the 911
MSAG standards for its service areas. .
10.3.4.6 Qwests E911 database administrator, an independent third part, shall
resolve failed' Local Number Portabilty migrate records in accordance with the NENA
standard, NENA-02-011 Sections 22B.1-2, for Qwest records where Qwest is the donor
company as defined in the NENA standard. The Qwest E911 database administrator
wil compare CLEC's (Le., recipient company as defined in the NENA standard) failed
migrate records to the Regional Number Portabilty 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.
Qwests E911 database administrator will also resolve failed migrate records for CLEC, if
valid based on the NPAC database.
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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 ALI database in a manner that is at the same level of accuracy
and reliabilty as such updates are provided for Qwests End User Customers. For
resold accounts, CLEC shall provide Qwest with accurate End User Customer location
information to be updated to the ALI/OMS database. Qwest shall use its current process
to update and maintain End User Customer information in the ALI/OMS database.
10.3.6 E911 Database Accuracy
10.3.6.1 E911 Database accuracy shall be measured jointly by the PSAPs and
Qwest's database provider in a format supplied by Qwest. The reports shall be
forwarded to CLEC by Qwests database provider when relevant and wil indicate
incidents when incorrect or no ALI data is displayed. The reports provided to CLEC shall
contain CLEC-specific information regarding CLEC's accounts.
10.3.6.2 Each discrepancy report wil be jointly researched by Qwest and CLEC.
Corrective action wil be taken immediately by the responsible 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 Part providing updates
specifically agrees to indemnify and hold harmless the other Part from any claims,
damages, or suits related to the accuracy of End User Customer data provided for
inclusion in the E911 Database.
10.3.6.4 Qwest and its vendor wil provide non-discriminatory error correction for
records submitted to the Automatic Location Identification (ALI) database. For resold
accounts, if vendor detects errors, it wil attempt to correct them. If vendor is unable to
correct the error, vendor wil contact Qwest for error resolution. For errors referred to
Qwest, Qwest will provide the corrections in a non-discriminatory manner. If Qwest is
unable to resolve the error, Qwest wil contact the Resale-CLEC for resolution. In the
case of facilties-based CLECs, the vendor will interface directly with CLEC to resolve
record errors.
10.3.7 E911 Interconnection
10.3.7.1 If required by CLEC, Qwest shall interconnect direct trunks from CLEC's
network to the Basic 911 PSAP, or the E911 tandem. Such trunks may alternatively be
provided by CLEC. If provided by Qwest, such trunks wil 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 (i.e., 911
Tandem Offce) that serves the areas in which CLEC provides Exchange
Service, for the provision of 911/E911 services and for access to all subtending.
PSAPs (911 Interconnection Trunk Groups). CLEC can order diverse routing for
911/E911 circuits, if facilties are available. . When Qwest facilties 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
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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 (1.54
Mbps) interface. Either configuration must use Centralized Automatic Message
Accounting (CAMA) type signaling with MF tones that will deliver Automatic
Number Identification (ANI) with the voice portion of the call, or Signaling System
7 (SS7) if available (i.e., other signaling technology as available). All 911
Interconnection trunk groups must be capable of transmiting and receiving
Baudot code necessary to support the use of Telecommunications Devices for
the Deaf (TTITDDs).
10.3.7.1.3. Qwest shall begin restoration of 911/E911 trunking facilties
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 will be dispatched without delay. CLEC is responsible for advising
Qwest of the circuit identification when notifing 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 will be managed
in an expeditious manner at all times.
10.3.7.2 For CLEC-identified 911 trunk blockages, Qwest agrees to take corrective
action using the same trunking service procedures used for Qwests own E911 trunk
groups.
10.3.7.3 The Parties wil cooperate in the routing of 911 traffc in those instances
vihere the ALI/ANI information is not available on a particular 911 calL.
10.3.7.4 For facilties-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 offce, 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 Ofce Switch to the Basic 911 PSAP or theE911 Tandem Switch. CLEC
access to such 911 trunks shall be on a shared, non-discriminatory basis.
10.3.8 E911 and Number Portbilty
10.3.8.1 When a Qwest telephone number is ported out, receiving CLEC shall be
responsible to update the ALI/DMS database. When CLEC's telephone number is
ported in, Qwest shall be responsible to update the ALI/DMS database.
10.3.8.2 When Remote Call Forwarding (RCF) is used to provide number
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portabilty 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 pòrted shall be added to the End User Customer record by CLEC.
10.4 White Pages Directory Listings Service
10.4.1 Description
White Pages Directory Listings Service consists of Qwest placing the names, addresses and
telephone numbers of CLEC's End User Customers in Qwests Listings database, based on End
User Customer information provided to Qwest by CLEC. Qwest is authorized to use CLEC End
User Customer Listings as noted below.
10.4.2 Terms and Conditions
10.42.0 White Pages Directory Listings Service is provided to reseller CLEC with
CLEC's resold local exchange lines, and such Listings include terms and conditions
(except prices) for Listings in Qwests applicable product Tariffs, catalogs, price lists, or
other retail Telecommunications Services offerings. To the extent, however, that a
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 facilties-based CLEC using Qwests switching
services to provide local Exchange Service wil provide, and facilties-based CLEC using
its own or a third part's Switch(es) may provide, to Qwest, in standard format, by
mechanized or by manual transmission to Qwest, its primary, premium and privacy
Listings.
10.4.2.1.1 Qwest wil accept one (1) primary Listing for each main telephone
number belonging to CLEC's resale and facilties-based End User Customers at
no monthly recurring charge.
10.4.2.1.2 . CLEC wil be charged for its resale premium Listings (e.g.,
additional, foreign, cross-reference) and privacy Listings (i.e., nonlisted and
non published) at Qwest's General Exchange Listing Tariff rates, less the
wholesale discount, if any, as described in Exhibit A. CLEC wil be charged for
its facilties-based premium Listings (e.g., additional, foreign, cross-reference)
and privacy Listings (i.e., non listed and nonpublished) at market-based prices
contained in Exhibit A. Primary Listings and other types of Listings are defined in
the Qwest General Exchange Tariffs.
10.4.2.2 Intentionally Left Blank.
10.4.2.3 Information on submitting and updating Listings is available in "Facilty
Based CLECs and Reseller/Unbundled Network CLECs Directory Listings User
Document." Qwest wil furnish CLEC Listings format specifications. Directory publishing
schedules and deadlines for Qwests offcial directory publisher wil be provided to
CLEC.
10.4.2.4 If CLEC provides. its End User Customer's Listings to Qwest, CLEC
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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
non listed Listings shall not be used for marketing purpses subject to the terms and
conditions of this Agreement. Qwest will incorporate CLEC End User Customer Listings
in the Directory Assistance Database. Qwest wil incorporate CLEC's End User
Customer Listings information in all existing and future Directory Assistance applications
developed by Qwest. Should Qwest cease to be a Telecommunications Carrier, by
virtue of a divestiture, merger or other transaction, this access grant automatically
terminates.
10.4.2.5 CLEC End User Customer Listings wil be treated the same as Qwests
End User Customer Listings. Prior written authorization from CLEC, which authorization
may be withheld, shall be required for Qwest to sell, make available, or release CLEC's
End User Customer Listings to directory publishers, or other third parties other than
Directory Assistance providers. No prior authorization from CLEC shall be required for
Qwest to sell, make available, or release CLEC's End User Customer Directory
Assistance Listings to Directory Assistance providers. Listings shall not be provided or
sold in such a manner as to segregate End User Customers by Carrier. Qwest 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 liabilty with regard to
Listings, the applicable state Tariff(s) is incorporated herein and supersedes the
Limitation of Liabilty section of this Agreement with respect to Listings only.
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 w~ite pages directory listings, whether for CLEC or Qwest End User Customers,
follow the same processes for entry into the Listings database.
10.4.2.9 Qwest wil take reasonable steps in accordance with industry practices to
accommodate CLEC's non published and non listed Listings provided that CLEC has
supplied Qwest the necessary privacy indicators on such Listings.
10.4.2.10 CLEC's white pages directory listings wil be in the same font and size as
Listings for Qwest End User Customers, and wil not be separately classified.
10.4.2.11 Qwest processes for publication of white pages Directory Listings wil
make no distinction between CLEC's and Qwests subscribers. CLEC's Listings wil be
provided with tFie same accuracy and reliabilty as Qwest' End User Customer Listings.
Qwest will 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.
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10.4.2.12 For CLEC's End User Customers whose Listings CLEC provides to
Qwest for submission to its official directory publisher, Qwest 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 Qwest are accurate and complete. All third part Listings information is
provided AS IS, WITH ALL FAULTS. CLEC further represents that it shall review all
Listings information provided to Qwest, including End User Customer requested
restrictions on use, such as non published and non listed restrictions.
10.4.2.14 Intentionally Left Blank.
10.4.2.15 CLEC shall be solely responsible for knowing and adhering to state laws
or rulings regarding Listings and for supplying Qwest with the applicable Listing
information. Qwest understands that certain states, including, but not necessarily limited
to, Minnesota, South Dakota, and Washington, have enacted statutes that impose
certain requirements upon the provision of wireless listings, and CLEC represents and
warrants that listings CLEC submits to Qwest reflect and are provided in full compliance
with applicable laws and regulations, including but not limited to, laws and regulations
applicable to wireless listings.
10.4.2.16 CLEC agrees to provide to Qwest its End User Customer names,
addresses and telephone numbers in a standard mechanized or manual format, as
specified by Qwest.
10.4.2.17 CLEC wil supply its ACNAICIC or CLCC/OCN, as appropriate, with each
order to provide Qwest the means of identifing 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 Qwest, Qwest wil provide monthly
Listing verification proofs that provide the data to be displayed in the published white
pages directory and available on Qwests Directory Assistance Service. Verification
proofs containing nonpublished and non listed 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 dire,ctory 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:
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10.4.2.22.1 All End User Customer account activity (e.g., End User
Customer queries and complaints);
10.4.2.22.2 All account maintenance activity (e.g., additions, changes,
issuance of orders for Listings to Qwest);
10.4.2.22.3 Determining privacy requirements and. accurately coding the
privacy indicators for CLEC's End User Customer information (if End User
Customer information provided by CLEC to Qwest does not contain a privacy
indicator, no privacy restrictions will apply); and
10.4.2.22.4
Customers.
Any additional services requested by CLEC's End User
10.4.2.23 Pursuant to Sections 222 (a), (b), (c), (d), and (e) of the
Telecommunications Act, Qwest will provide subscriber list information gathered in
Qwests capacity as a provider of local Exchange Service on a timely basis, under non-
discriminatory and reasonable rates, terms and conditions to CLEC upon request for the
purpose of publishing directories in any format. Rates may be subject to federal or state
law or rules, as appropriate. Upon request by CLEC, Qwest shall enter into negotiations
with CLEC for CLEC's use of subscriber list information for purposes other than
publishing directories, and Qwest and CLEC will enter into. a written contract if
agreement is reached for such use.
10.4.2.23.1 Qwest shall use commercially reasonable efforts to ensure that
its retail End User Customer Listings provided to CLEC are accurate and
complete. Any third part Listings are provided AS IS, WITH ALL FAULTS.
Qwest further represents that it shall review all its retail End User Customer
Listings information provided to CLEC including End User Customer requested
restrictions on use, such as non published and non listed restrictions.
10.4.2.24 Qwest represents and warrants that any arrangement for the publication
of white pages Directory Listings with an Affilate or contractor, requires such Affilate or
contractor to publish the Directory Listings of CLEC contained in Qwests Listings
database so that CLEC's Directory Listings are non-discriminatory in appearance and
integration, and have the same accuracy and reliabilty that such Affilate or contractor
provides to Qwests End User Customers.
10.4.2.25 Qwest further agrees that any arrangements for the publication of white
pages Directory Listings with an Affliate or contractor shall require such 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 Qwest agrees that any arrangement with an Affiliate 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.
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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 responsibilties 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 submitteel for inclusion in Qwest white pages
directories according to the directions in the Qwest Listings User Documents for Facilty-
Based and Reseller CLECs, which is available on-line through the PCA T
(http://ww.qwest.com/wholesale/pcatl or will be provided in hard copy to CLEC uponrequest. 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 facilties-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,
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generic branding and with Directory Assistance Call Completion service options, where
available. If facilties-based CLEC chooses to access Owests Directory Assistance
Service, it is provided to CLEC under this Agreement pursuant to Section 251(b)(3) of
the Act. As such, the pricing requirements of Section 252(d)(1) of the Act are not
applicable.
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 callets LATA that are included in Owests 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 Owest.
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) Owest will record CLEC's specific brand message.
10.5.1.1.1.4 Call completion service allows CLEC's End User
Customers' locallintraLATA calls to be completed, where available.
10.5.1.1.2
10.5.1.1.3
Intentionally Left Blank.
Intentionally Left Blank.
10.5.2 Terms and Conditions
10.5.2.0 Directory Assistance Service accessed . over CLEC's resold local
exchange lines includes terms and conditions (except prices) for Directory Assistance
Service in Owests applicable product Tariffs, catalogs, price lists, or other retail
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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 avail,able to facilties-based CLEC as
described in this Section unless otherwise noted. If facilties-based CLEC chooses to
access Qwest's Directory Assistance Service, it is provided to CLEC under this
Agreement pursuant to Section 251 (b)(3) of the Act. As such, the pricing requirements
of Section 252(d)(1) of the Act are not applicable. Directory Assistance Service is
available to CLEC as a facilties-based provider at the market-based prices contained in
Exhibit A.
10.5.2.1 Intentionally Left Blank.
10.5.2.2 Qwest's Directory Assistance Database is the database owned and
maintained by Qwest which contains only those published and non-listed telephone
number Listings obtained by Qwest from its own End User Customers, other
Telecommunications Carriers and ,Providers.
10.5.2.3 Qwest will provide access to Directory Assistance Service for facilities-
based CLEC using its own or a third party's Switch(es) via dedicated multi-frequency
(MF) operator service trunks. CLEC may purchase operator service trunks from Qwestor provide them itself. These operator service trunks wil be connected directly to a
Qwest 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 Qwest wil perform Directory Assistance Services for CLEC in accordance
with operating methods, practices, and standards in effect for all Qwest End User
Customers. Qwest wil provide the same priority of handling for CLEC's End User
Customer calls to Qwests Directory Assistance Service as it provides for its own End
User Customer calls. Calls to Qwests Directory Assistance Service are handled on a
first come, first served basis, without regard to whether calls are originated by CLEC or
Qwest End User Customers.
10.5.2.5 CLEC-specific Call Branding for Directory Assistance requires recording
CLEC's 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 Qwests End User Customers (Le., 411,
555-1212, or NPA+555-1212).
10.5.2.9 Facilties-based CLEC using its own or a third parts Switch(es) may
choose to have its End User Customers dial a unique number or use the same dialing
pattern as Qwest End User Customers use to access Qwest Directory AssistanceService. .
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10.5.2.10 Qwest wil timely enter into its directory assistance database updates of
CLEC's Listings that CLEC provides to Qwest as described in Section 10.4. Qwest wil
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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. Qwest wil 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 Servce. 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 Parts delivery and use of the Listings for
Directory Assistance Service provided hereunder and such other Part's
performance of its obligations under this Agreement. CLEC may perform up to
two (2) audits per twelve (12) month period commencing with the Effective Date
of this Agreement of 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 purpses 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 non listed 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 facilties-based provider at the market-based prices contained in Exhibit
A.
10.5.3.1 A per-call rate applies for Local Directory Assistance and for national
Directory Assistance Services.
10.5.3.2
10.5.3.3
Intentionally Left Blank
A per-cll 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.
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10.5.5 Biling
10.5.5.1 Owest will track and bil CLEC for the number of calls placed to Owests
Directory Assistance Service by CLEC's End User Customers as well as for the number
of requests for call completion service.
10.5.5.2 For purposes of determining when CLEC is obligated to pay the per call
rate, the call shall be deemed made and CLEC shall be obligated to pay when the call is
received by the operator services Switch. An End User Customer may request and
receive no more than two (2) telephone numbers per Directory Assistance calL. Owest
wil not credit, rebate or waive the per call charge due to any failure to provide a
telephone number.
10.5.5.3 Call completion service wil be charged at the per call rate when the End
User Customer completes the required action (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 Owest and other LECs
and Provider Subscribers that are contained in Owests Directory Assistance Database
and, where available, related elements required in the provision of Directory Assistance
Service to CLEC's End User Customers. No pnor authorization from CLEC shall be
required for Owest to sell, make available, or release CLEC's End User Customer
Directory Assistance Listings to Directory Assistance providers. In the case of End User
Customers and/or Provider Subscribers who have non-published Listings, Owest shall
provide the End User Customer's and/or Provider Subscriber's local Numbering Plan
Area (NPA), address, and an indicator to identify the non-published status of the Listing;
however, Owest wil not provide the non-published telephone number in DAL
information. DAL information includes privacy and use restriction indicators as
requested by Owests retail End User Customers and by Carriers and Providers. Except
for DAL information of Provider Subscribers, DAL information 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 information shall be provided to CLEC at market-based
prices contained in Exhibit A.
10.6.1.2 Owest 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. Owest wil provide all changes, additions or deletions to the DAL information
overnight on a daily basis after database updates have been processed. The Parties wil
use a mutually agreed upon format for the data loads.
10.6.1.3 DAL information shall specify whether the Owest End User Customer is a
residential, business, or government subscriber, and the Listings of other Carriers and/or
Providers will specify such information where it has been provided on the Carrier's or
Provider's Listing order.
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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.
10.6.2 Terms and Conditions
10.6.2.1 If CLEC purchases use of ÐAL 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 purpses of providing Directory Assistance
S~rvices and for other lawful purposes subject to the terms and conditions of this
Agreement. CLEC is solely responsible for its lawful use of DAL information obtained
under this Agreement pursuant to Section 251(b)(3) of the Act, including, but not limited
to, 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 Services" shall mean the provision
by CLEC, via telephone, 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
or a competing provider of telephone Exchange Service or telephone toll service, or this
Agreement is terminated, 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
DAL information are accurate and complete. All third part DAL information is
provided AS 15, WITH ALL FAULTS. Qwest shall review all of its End User
Customer Listings information provided to CLEC, including, but not limited to,
End User Customer requested restrictions on use, such as non-published and
non-listed restrictions.
10.6.2.1.2 CLEC must not and wil not (i) use DAL information for purposes
of directory publishing or (ii) sublicense, sell, provide or otherwise transfer ,DAL
information to directory publishers for purpses of directory publishing.
10.6.2.1.3 Listings included in Qwest' DAL information and markèd to
indicate a restriction on use, or to indicate a restriction on inclusion of DAL
information in Directory Assistance Services applications, shall be used by CLEC
only in a manner that is consistent with each such restriction and that does not
violate a restriction, including, but not limited to the following.
10.6.2.1.3.1 Restriction indicators on DAL information include:
TI Privacy indicators, including, but not limited to, nonpublished and
non listed indicators;
No solicitation indicators;
TI Omit from address directories indicators; and
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1M Omit from telemarketing, direct mail, and e-mail lists indicators.
10.6.2.1.3.2 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, non published Listings shall not be used for any
purpose other than in matching a search query. The nonpublished
subscriber name and address, while supplied to CLEC in DAL
information, shall not be provided to any person other than the operator
responding to the End User Customer Directory Assistance Services
query.
10.6.2.2 If CLEC purchases use of DAL information under this Agreement, CLEC
wil obtain and timely enter into its directory assistance database daily updates of the
DAL information, wil implement quality assurance procedures such as random testing
for directory assistance Listing accuracy, and wil identify itself to End User Customers
callng its Directory Assistance Services either by company name or operating company
number so that End User Customers have a means to identify with whom they are
dealing.
10.6.2.3 Intentionally Left Blank.
10.6.2.4 Qwest shall retain all right, title, interest and ownership in and to the DAL
information it provides under this Agreement. CLEC acknowledges and understands
that while it may disclose the names, addresses, and telephone numbers (or an
indication of non-published status) of End User Customers and/or Provider Subscribers
to a third part callng its Directory Assistance Services for such information, the fact that
such End User Customers and/or Provider Subscribers subscribe to Qwests or another
Carrier's Telecommunications Services or to a Provider's services is Confidential and
Proprietary Information and shall not be disclosed to any third part.
10.6.2.5 Each Party shall take commercially reasonable and prudent measures to
prevent unlawful use of 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
DAL information when contained in any database.
10.6.2.5.1 Unauthorized use of DAL information, or any disclosure to a
third party of the fact that an End User Customer or Provider Subscriber, whose
Listing is furnished in the DAL information, subscribes to Qwests or another
Carrier's Telecommunications Services or to a Provider's 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 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 Qwest from CLEC's officer that all of the foregoing
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Carriers and/or Providers if the certification pertains to such Carriers' and/or Providers'
DAL information contained in Qwests Directory Assistance 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 and/or Provider Subscriber
information contained within the DAL infonnation. CLEC must remove from its database
any telephone number for an End User Customer or a Provider Subscriber whose Listing
has become non-published when so notifed by Qwest or such End User Customer or
Provider Subscriber.
10.6.2.8 Audits - In accrdance with Section 18, Qwest may request a
comprehensive audit of CLEC's use of the DAL infonnation. 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 Part's delivery and use of the DAL information provided under this
Agreement and such other Part's performance of its obligations under this
Agreement. Either Part (the Requesting Part) may perform up to two (2)
Audits per twelve (12) month period commencing with the Effective Date of this
Agreement. Qwest shall be entitled to "seed" or specially code some or all of the
DAL information that it provides under this Agreement in order to trace such
information during an Audit and ensure compliance with the disclosure and use
restrictions set forth in this Section 10.6.
10.6.2.8.2 All paper and electronic records wil be subject to Audit.
10.6.2.9 CLEC recognizes that certain Carriers and/or Providers who have
provided DAL information that is included in Qwests Directory Assistance 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.
10.6.2.9.1 CLEC indemnifies Qwest for any and all loss, debt, liabilty,
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, but not limited to, attorneys' fees)
raised by these Carriers and/or Providers, whether formal or informal and wil
handle all communications with these Carrers and/or Providers regarding this
matter.
10.6.2.10 Qwest wil provide a non-discriminatory process and procedure for
contacting End User Customers and/or Provider Subscribers 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 Services and purchases Qwests DAL product.
10.6.2.11 All of the provisions of Section 10.6.2 of this Agreement wil survive
expiration or termination of this Agreement.
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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 Directory Assistance
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 Directory Assistance 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
Directory Assistance Database.
10.6.3.4 One-Time Set-Up Fees -- Charges for 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 infdrmation 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 by Qwest White Page Directory Code or NPA.
10.6.4.2 Special requests for data at specific geographic levels (such as NPA)
must be negotiated in order to address data integrity issues.
10.6.4.3 CLEC shall use the DAL Order Form found in the PCAT.
10.7 Toll and Assistance Operator Services
10.7.1 Description
10.7.1.1 Toll and assistance operator services (operator services) are a family of
offerings that assist CLEC's resale and facilties-based End User Customers in making
and receiving EAS/local and IntraLA T A toll calls. Operator services provided to CLEC
include non-discriminatory access to Qwest operator service centers, services, and
personneL. If facilties-based CLEC using Qwests, its own, or a third part's Switch(es)
chooses to access Qwest's operator services, they are provided to CLEC under this
Agreement pursuant to Section 251 (b)(3) of the Act. As such, the pricing requirements
of Section 252(d)(1) of the Act are not applicable. Operator services shall be provided to
CLEC as a facilities-based provider at the market-based~rates contained in Exhibit A.
10.7.1.1.1 EAS/Local and IntraLATA Assistance. Assists CLEC End User
Customers requesting help or information on making and receiving EAS/local
and IntraLATA toll calls, connects CLEC End User Customers to Qwests
Directory Assistance Service, and provides other information and guidance,
including referral to the business office and repair, as may be consistent with
Qwests customary practice for providing End User Customer assistance.
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10.7.1.1.2 Intentionally Left Blank.
10.7.1.1.3 Emergency Assistance. Provides assistance for handling
CLEC's End User Customets EASlIocal and IntraLATA toll calls to emergency
agencies, including but not limited to, police, sheriff, highway patrol and fire.
CLEC is responsible for providing Qwest wit 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 part
initiating the BLV inquiry. Only one BLV attempt wil be made per cali, and a
charge shall apply.
10.7.1.1.5 Busy Line Interrupt (BU) 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 part that
there is a call waiting. The operator wil not connect the callng and called
parties. The operator wil make only one BU attempt per call and the applicable
charge applies whether or not the called part 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 Servjce. 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.
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 exteÍ1t, 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 facilties-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)
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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 bill reseller CLEC for IntraLATA Toll services at the Qwest retail rate
less the wholesale discount contained in Exhibit A, if any, and wil bill facilties-
based CLEC at the rates contained or referenced in Exhibit A, and Qwest wil not
directly bill CLEC's End User Customers for such IntraLATA Toll services.
10.7.2.0.2 If CLEC assigns Qwest the ILEC, PIC 5123, to CLEC's existing or
new End User Customers, transport beyond Qwests local interoffce 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 interoffce message trunk network.
10.7.2.0.3 If, during the term of this Agreement, Qwest the ILEC offers
IntraLATA Toll services directly to CLEC's End User Customers, Qwest wil
establish its own 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 facilties-based CLEC using its own or a third part'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 facilty 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 part's Switch(es), CLEC must provide an operator service
trunk between CLEC's End Offce Switch and the Interconnection point on the Qwest
operator services Switch for each NPA served.
10.7.2.4 The technical requirements of operator service trunk are covered in the
Operator Services Systems Generic Requirement (OSSGR), Telcordia document FR-
NWT-000271, Section 6 (Signaling) and Section 10 (System Interfaces) in general
requirements form.
10.7.2.5 Each Part's operator bureau shall accept BLV and BLlinquiries from the
operator bureau of the other Part in order to allow transparent provision of BL V1BLI
traffc between the Parties' networks.
10.7.2.6 Facilties-based CLEC using its own or a third part's Switch(es) wil
provide separate no-test trunks (not the 10cal/intraLATA trunks) to the Qwest BLV/BLI
hub or to the Qwest operator services Switches.
10.7.2.7 Qwest wil perform operator services in accordance with operating
methods, practices, and standards in effect for all its End User Customers, including
making and receiving 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
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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 facilties are available. Qwest may from time-te-time modify and change the nature,
extent, and detail of specific operator servces available to its retail End User Customers,
and to the extent it does so, Qwest will 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 part's
Switch(es) shall provide and maintain the facilties 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 part'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 Qwest retail price less the wholesale
discount contained in Exhibit A, if any. Operator services are provided to CLEC as a facilties-
based provider at the market-based prices contained in Exhibit A.
10.7.3.1 Operator services are priced on a per call basis, as follows.
10.7.3.1.1 Operator Services Calls - Charges apply for each completed
call handled by operator services, including EAS/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
10.7.3.1.5
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
Intentionally Left Blank.
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10.7.3.1.6 Busy Line Verify - Charges apply for each call where the
operator deterrines 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 theré 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
nonrecurnng charge to load the Switches with CLEC's branded message will be
assessed each time there is any change to the Switch.
10.7.4 Ordering Process
CLEC wil order operator services by completing the "Qwest Operator Services/Directory
Assistance Questionnaire for Competitive Local Exchange Carriers." Copies of this
questionnaire may be obtained from CLEC's designated Qwest account manager.
10.7.5 Biling
10.7.5.1 Qwest will track usage and bil CLEC for the calls made and received by
CLEC's End User Customers and facilties.
10.7.5.2 Qwest will compute CLEC's invoice based on calls made and received by
CLEC's End User Customers.
10.7.5.3 If, due to equipment malfunction or other error, Qwest does not have
available the necessary information to compile an accurate Biling statement, Qwest may
render a reasonably estimated bil, but shall notify CLEC of such estimate and cooperate
in good faith with CLEC to establish a fair, equitable estimate. Qwest shall render a bil
reflecting actual bilable quantities when and if the information necessary for the Biling
statement becomes available.
10.7.5.4 Qwest shall provide to CLEC usage information within Qwests control
with respect to calls onginated by or terminated to CLEC's End User Customers in the
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form of the actual information that is comparable to the information Owest uses to bill 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 (BLI), 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, Duct, Conduits, and Rights of Way
10.8.1 Description
10.8.1.1 Pole Attachments - Where it has ownership or control to do so, Owest
wil provide CLEC with access to available Pole Attachment space for the placing of
facilties for the purpose of transmitting Telecommunications Services.
10.8.1.1.1 The term Pole Attchment 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
will provide CLEC with access to available ducts/conduits for the purpose of placing
facilties for transmitting Telecommunications Services. A spare duct/conduit wil be
leased for copper facilties only, and an innerduct for the purpose of placing fiber. CLEC
may place innerduct in an empty ductconduit. 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 Facilties, building
entrance links, equipment rooms, Remote Terminals, cable vaults, telephone closets or
building riser.
10.8.1.2.1 The terms duct and conduit mean a single enclosed raceway for
conductors, cable and/or wire. Duct and conduit may be in the ground, may
follow streets, bridges, public or private ROW or may be within some portion of a
multiple tenant environment. Within a multiple tenant environment, duct and
conduit may traverse building entrance facilities, building entrance links,
equipment rooms, Remote Terminals, cable vaults, telephone closets or building
riser. The terms duct and conduit include riser conduit.
10.8.1.2.2 The term innerduct means a dúct-Iike raceway smaller than a
ductconduit that is inserted into a ductconduit so that the duct may typically
carry three (3) cables. '
1 0.8.1.2.3 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,
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Owest 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
facilties. ROW includes land or other propert owned or controlled by Owest and may
run under, on, above, across, along or through public or private propert or enter
multiple tenant environments.
10.8.1.3.1 ROW means a real propert interest in privately-owned real
propert, but expressly excluding any public, governmental, federal or Native
American, or other quasi-public or non-private lands, suffcient to . permit Owest to
place Telecommunications facilties on such real propert; such property owner
may permit Owest to install and maintain facilties 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 Owest as part of its transmission and
distribution network where the boundaries of the pathway are clearly defined
either by written specifications or unambiguous physical demarcation.
10.8.1.4 Intentionally Left Blank.
10.8.1.5 The phrase "ownership or control to do so" means the legal right, as a
matter of state law, to (i) convey an interest in real or personal propert, or (ii) afford
access to third parties as may be provided by the landowner to Owest through express
or implied agreements, or through Applicable Law as defined in this Agreement.
10.8.1.6 Poles, Ducts and Rights of Way (PDR) Transfer of Responsibilty refers to
the transfer of the occupancy of space for either aerial or underground facilties to
assuming CLEC from vacating CLEC..
10.8.1.6.1 A PDR Transfer of Responsibilty request received by Owest is
irrevocable upon one hundred percent (100%) payment by assuming CLEC of
the nonrecurring transfer charge.
10.8.2 Terms and Conditions
Owest shall provide CLEC non-discriminatory access to poles, ducts, conduit and Rights of Way
(ROW) on terms and conditions found in the Revised Owest Rights of Way, Pole Attachment
and/or Duct/lnnerduct Occupancy General Information Document, attached hereto as Exhibit D.
Owest wil not favor itself over CLEC when Provisioning access to poles, ducts, conduits and
Rights of Way (ROW). Owest shall not give itself preference when assigning space.
10.8.2.1 Subject to the provisions of this Agreement, Owest agrees to issue to
CLEC authorization for CLEC to attach, operate, maintain, rearrange, transfer and
remove at its sole expense its facilties on poles/duqt/innerduct or ROW owned or
controlled in whole or in part by Owest, 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 Owest wil rely on such codes as the National Electrical Safety Code
(NESC) to prescribe standards with respect to capacity, safety, reliabilty, and general
engineering principles.
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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 Owest facilties under Section 224(f)( 1) of the Act.
10.8.2.4 CLEC shall provide access to a map of the requested
poles/duct/innerduct/ROW route, including estimated distances between major points,
the identification and location of the poles/duct/innerduct and ROWand a descnption of
CLEC's facilties. Owest 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 fort-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 Owest to construct, install, modify or
place any poles/ductinnerduct or other facilty for use by CLEC.
10.8.2.6 Owest retains the nght to determine the availabilty of space on
poles/duct/innerduct, conduit and ROW consistent with 47 U.S.C. § 224 and FCC
orders, rules and regulations pursuant to 47 U.S.C. § 224. In the event Owest
determines that rearrangement of the existing facilities on poles, duct/innerduct/conduit,
and ROW is required before CLEC's facilties 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 Owest spare duct/conduit include the
placement of innerduct, Owest or CLEC will install the number of innerduct required to fill
the ductconduit to its full capacity.
10.8.2.7 Owest shall make manhole ingress and egress for ductinnerduct access
available to CLEC. Owest will perform a feasibilty 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 authorit does not already exist, CLEC shall be responsible
for obtaining the necessary legal authority to occupy ROW, and/or poleslduct/innerduct
on governmental, federal, Native American, and pnvate rights of way. CLEC shall obtain
any permits, licenses, bonds, or other necessary legal authonty and permission, at
CLEC's sole expense, in order to perform its obligations under this Agreement. CLEC
shall contact all owners of public and pnvate rights-of-way to obtain the permission
required to perform the work prior to entenng the propert or starting any work thereon.
See Section 10.8.4. CLEC shall comply with all conditions of nghts-of-way and permits.
Once such permission is obtained, all such work may be, performed by Owest or CLEC
at the option of CLEC.
1 0~8.2.9 Access to a Owest Central Ofce manhole will be permitted where
Technically Feasible. If space is available, Owest wil allow access through the Central
Ofce manhole to the POI (Point of Interconnection). There shall be a presumption that
there shall be no fiber splices allowed in the Central Offce manhole. However, where
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CLEC can establish the necessity and Technical Feasibilty of splicing in the Central
Office manhole, such action shall be permitted.
10.8.2.10 Replacement/Modification/Installation - If CLEC requests Qwest to
replace or modify existing poles/ductinnerduct to increase its strength or capacity for the
sole benefit of CLEC, CLEC shall pay Qwest the total actual replacement cost, Qwests
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/ductinnerduct, if necessary. Ownership of new poles/duct/innerduct shall vest to
Qwest.
10.8.2.10.1 Upon request, Qwest shall permit CLEC to install
poles/duct/innérduct. QweŠI reserves the right to reject any non-conforming
replacement pole/ductinnerduct 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 facilties of CLEC
to the total amount of space occupied by all parties including Qwest or its
Affliates participating in the modification. Parties who do not initiate, request or
receive additional space from a modification, are not required to share in the cost
of the modification. CLEC, Qwest or any other party that uses a modifcation as
an opportunity to bring its facilties into compliance with applicable safety or other
requirements wil be deemed to be sharing in the modification and wil be
responsible for its share of the modification cost. Attaching entities wil not be
responsible for sharing in the cost of governmentally mandated pole or other
facilty modification. Qwest 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
a result of the modification. The proportionate share of the subsequent attacher
wil be reduced to take account of depreciation to the pole or other facilty that
has occurred since the modification. The modifying part or parties seeking to
recover modification costs from parties that later obtain attachments shall be
responsible for maintaining all records regarding modification costs. Qwest shall
not be responsible for maintaining records regarding modification costs on behalf
of attaching entities.
10.8.2.11 Notification of modifications initiated by or on behalf of Qwest and at
Qwestsexpense shall be provided to CLEC at least sixt (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
facilties within sixty (60) Days after receipt of written notice from Qwest requesting
rearrangement, Qwest 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/duct/innerduct completed at Qwests
expense.
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of CLEC's facilties occupying the poles/duct/innerduct system. CLEC shall reimburse
Qwest for the actual cost of such inspections except where specifed in this Section.
10.8.2.13 .When final construction inspection by Qwest has been completed, CLEC
shall correct such non-complying conditions within the reasonable period of time
specified by Qwest in its wrtten notice. If corrctions are not completed within the
specified reasonable period, occupancy authorizations for the ROW,
poles/ductinnerduct system where non-complying conditions remain uncorrected shall
suspend forthwith, regardless of whether CLEC has energized the facilities occupying
said poles/duct/innerduct or ROW system and CLEC shall remove its facilities from said
poles/duct/innerduct 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. Qwest may deny further occupancy authorization
to CLEC until such non-complying conditions are corrected or until CLEC's facilities are
removed from the poles/duct/innerduct system where such non-complying conditions
exist. If agreed between both Parties, Qwest shall perform or have performed such
corrections and CLEC shall pay Qwest the actual cost of performing such work.
Subsequent inspections to determine if appropriate corrective actions have been taken
may be made by Qwest.
10.8.2.14 Once CLEC's facilties begin occupying the poles/duct/innerduct or ROW
system, Qwest may perform a reasonable number of inspections. Qwest shall bear the
cost of such inspections unless the results of the inspection reveal a material violation or
hazard, or that CLEC has in any other way failed to comply with the provisions of
Section 10.8.2.20; in which case CLEe shall reimburse Qwest the costs of inspections
and re-inspections, as required. CLEC's representative may accompany Qwest 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
construction survey and subsequent inspection shall be biled to CLEC upon completion
of the inspections.
10.8.2.16 Final construction, subsequent, and periodic inspections or the failure to
make such inspections, shall not relieve CLEC of any responsibilties, obligations, or
liabilty 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 facilties so long as such workers have the same
qualifications and training as Qwests workers. CLEC may use any contractor approved
by Qwest to perform make-ready work.
10.8.2.18 If Qwest terminates an order for cause, or if CLEC terminates an order
without cause, subject to 10.8.4.4.4, CLEC shall pay termination charges equal to the
amount of fees and charges remaining on the terminated order(s) and shall remove its
facilties from the poleslduct/innerduct within sixt (60) Days, or cause Qwest to remove
its facilties from the poles/duct/innerduct at CLEC's expense; provided, however, that
CLEC shall be liable for and pay all fees and charges provided for in this Agreement to
Qwest until CLEC's facilties are physically removed. "Cause" as used herein shall
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"'."'include CLEC's use of its facilties in material violation of any Applicable Law orin aid of
any unlawful act or making an unauthorized modification to Qwests
poles/ductlinnerduct, or, in the case of ROW, any act or omission that violates the terms
and conditions of either (a) the Access Agreement by which Qwest conveys a right of
access to the ROW to CLEC, or (b) the instrument granting the original ROW to Qwest
or its predecessor.
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10.8.2.19 Qwest may abandon or sell any poles/ductlinnerductlconduit or ROW at
any time by giving written notice to CLEC. Any poles/ductlinnerductlconduit or ROW
that is sold, wil be sold subject to all existing legal rights of CLEC. Upon abandonment
of poles/ductinnerductconduit or ROW, and with the concurrence of the other joint
user(s), if necessary, CLEC shall, within sixt (60) Days of such notice, either: 1)
continue to occupy the poles/ductlinnerductlconduit or ROW pursuant to its existing
rights under this Agreement if the poles/ductinnerductlconduit or ROW is purchased by
another party; 2) purchase the poles/ductlinnerductlconduit or ROW from Qwest at the
current market value; or 3) remove its facilties therefrom. Failure to explicitly elect one
of the foregoing options within sixt (60) Days shall be deemed an election to purchase
the poles/ductinnerductconduit or ROW at the current market value if no other part
purchased the poles/ductinnerductlconduit or ROW within this sixt (60) Day period.
10.8.2.20 CLEC's facilties shall be placed and maintained in accordance with the
requirements and specifications of the current applicable standards of Telcordia Manual
of Construction Standards, the National Electrical Code, the National Electrical Safety
Code, and the rules and regulations of the Occupational Safety and Health Act, all of
which are incorporated by reference, and any governing authority having jurisdiction.
Where a difference in specifications exists, the more stringent shall apply.
Notwithstanding the foregoing, CLEC shall' only be held to such standard as Qwest, its
Affliates or any other Telecommunications Carrier is held. Failure to maintain facilties
in accordance with the above requirements or failure to correct as provided in Section
10.8.2.13 shall be cause for termination of the order. CLEC shall in a timely manner
comply with all requests from Qwest to bring its facilties into compliance with these
terms and conditions.
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10.8.2.21 Should Qwest under the provisions of this Agreement remove CLEC's
facilties from the poles/ductlinnerduct covered by any order, 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 CLEC removes facilties from poles/ductlinnerduct
for other than repair or maintenance purposes, no replacement on the
poles/ductinnerduct shall be made until all outstanding charges due Qwest for previous
occupancy have been paid in fulL. CLEC shall advise Qwest in writing as to the date on
which the removal of facilties from the poles/ductinnerduct has been completed.
10.8.2.22 If any facilties are found attached to poles/ductlinnerduct for which no
order is in effect, Qwest, without prejudice to its other rights or remedies under this
Agreement, may assess a charge and CLECagrees 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
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audit required to identif 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 0, within thirt (30) Days of written notification from
Owest of the unauthorized attachment; and (2) the unauthorized attachment did not
require Owest to take curative measurés 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 unauthonzed occupancy, a poles/ductinnerduct
application. If such application is not received by Owest within the specified time period,
CLEC wil be required to remove its unauthonzed facilit within thirt (30) Days of the
final date for submitting the required application, or Owest may remove CLEC's facilties
without liabilty, 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 authonzation 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 liabilties of the Agreement in regard to said unauthorized occupancy from its
inception.
10.8.2.24 Owest will provide CLEC non-discnminatory access to
poles/ductslinnerducts/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 0, on one hand, and this Agreement or 47 U.S.C. § 224 and FCC
orders, rules and regulations pursuant to 47 U.S.C. § 224, on the other, this Agreement
or 47 U.S.C. § 224 and FCC orders, rules and regulations pursuant to 47 U.S.C. § 224
shall govern, provided however, that any Access Agreement that has been duly
executed, acknowledged and recorded in the real property records for the county in
which the ROW is located shall govern in any event pursuant to its terms.
10.8.2.25 Nothing in this Agreement shall require Owest to exercise eminent
domain on behalf of CLEC.
10.8.2.26 Owest 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.
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.,;":: :~;10.8.2.27 For purposes of permitting CLEC to determine whether Qwest has
ownership or control over duct/conduit or ROW, including ductconduit or ROW within a
specific multiple tenant environment, if CLEC requests a copy of an agreement between
Qwest and the owner of a duct/conduit or ROW, including duct/conduit or ROW within a
specific multiple tenant environment, that grants Qwest access to, ownership of, or
control of ductconduit or ROW within a specific multiple tenant environment, Qwest will
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, Qwest wil prepare
and return an MTE matrix or ROW matrix, as applicable, within ten (10) Days,
which will identify (a) the owner of the duct/conduit or ROW or multiple tenant
environment as reflected in Qwests records, and (b) whether qr not Qwest has a .
copy of an agreement that provides Qwest access to ductconduit or ROW or
multiple tenant environment in its possession. Qwest makes no representations
or warranties regarding the accuracy of its records, and CLEC acknowledges that
the original propert owner may not be the current owner of the property.
10.8.2.27.2 Qwest 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. Qwest 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 part owner(s) of the real propert
at issue by presenting to Qwest 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 Qwest access to a multiple tenant environment that
Qwest provides to CLEC or that CLEC obtains from the multiple tenant
environment owner or operator, . Qwest shall redact all dollar figures from copies
of agreements that have not been publicly recorded that Qwest provides to CLEC
and shall require that the multiple tenant environment owner or operator make
similar redaction's prior to disclosure of the agreement.
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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 propert described in the agreement; (b) to
determine the ownership of wire within the propert described in the agreement;
or (c) to determine the Demarcation Point between Qwest facilties and the
owner's facilties in the propert 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
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meet Qwest specifications.
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10.8.2.29 In cities where Qwest has not deployed microduct and CLEC wishes to
use this technology, CLEC must lease an innerduct. In these locations CLEC will be
required to furnish and place the microduct. At the conclusion of the lease, CLEC and
Qwest 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 facilties for which no order is in
effect, Qwest, without prejudice to it 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 unauthonzed occupancy by removing it
or submiting a valid order for the attachment within thirt (30) days of
written notification from Qwest.
10.8.2.30.2.2 The unauthonzed 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
waive the unauthonzed ocupancy fee if the unauthorized occupancy
arose due to error by Qwest rather than CLEC. CLEC is required to
submit in wnting, within ten (10) business days after receipt of wntten
notification from Qwest of the unauthorized occupancy, a
Poles/DuctlnnerductMicroduct Application. If such application 'is not
received by Qwest within the specifed time penod, CLEC will be required
to remove its unauthorized facility within thirt (30) Days of the final date
for submitting the required application, or Qwest may remove eLEC's
facilties without liabilty, and the cost of such removal shall be borne by
CLEC.
10.8.2.31 To be eligible for PDR Transfer of Responsibilty 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 CLECis required to have an Agreement with
Qwest that includes all elements involved in the transfer.
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10.8.2.31.2 The Agreement referenced in the PDR Transfer of
Responsibilty requestwil 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 CLLl™code will remain the same.
10.8.2.31.4 If vacating CLEC has filed for bankruptcy, assuming CLEC must
comply with 11 U.S.C. Section 365.2.61. The negotiation of the terms and
conditions between vacating CLEC and assuming CLEC is the responsibilty of
those two parties. Owest does not participate in these discussions. Owest
manages the database and records the transfer.
10.8.2.31.5
facilties.
Owest is not responsible for the physical condition of CLEC's
10.8.2.31.6 Prior to submission of a PDR Transfer of Responsibilty request,
all work in progress must be negotiated between vacating and assuming CLEC.
10.8.2.31.7 Prior to submitting a Transfer of Responsibilty 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 indiçated in Exhibit A.
10.8.2.31.9 Once the transfer request is accepted, Owest wil submit the
signed PDR Transfer of Responsibilty Request Consent Form to vacating and
assuming CLECs and the transfer will be completed.
10.8.3 Rate Elements
Owest recurring and nonrecurring charges for attachments are in accordance with Section 224
of the Act and FCC orders, rules and regulations promulgated there under and with rates
established by the Commission. Charges are included in Exhibit A.
10.8.3.1 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 facilty 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 (i.e., 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 part who has a
multiple tenant environment in Owests possession that relates to Telecommunications
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Services provided to or through real propert owned by the third part (MTE Agreement)
and, for each such MTE Agreement, the name of the third party. Separate Inquiry Fees
apply for ROW, poles and duct/conduit/innerduct.
10.8.3.2 Field Verification Fee/Accss Agreement Preparation Fee. In the case of
poles and duct/innerduct, 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
biled 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 facilty/ROW
available for access. For innerduct, this could include, but is not limited to, the placing of
innerduct in conduit/duct 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 Qut ofCLEC's failure
to comply with the process described in Exhibit 0 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.
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 Responsibilty. Vacating' CLEC wil not incur charges for
a transfer of responsibilty agreement. A PDR Transfer of Responsibilty charge for
assuming CLEC wil be a nonrecurring charge associated with the transfer of the
agreement.
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10.8.4 Ordering
There are two (2) steps required before placing an order for access to ROW, ductinnerduct 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 duct/innerduct occupancy, Qwest wil provide CLEC with Exhibit D. CLEC
wil 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, duct/innerduct and
ROW as well as the street addresses of any multiple tenant environments upon or
through which GLEC proposes construction on ROW owned or controlled by Qwest.
CLEC wil include the appropriate inquiry fee with a completed Attachment 1.A from
Exhibit D.
10.8.4.1.1 Inquiry Review - DuctGonduit/lnnerduct. Qwest wil complete
the database inquiry and prepare a duct/conduit 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
facilties. 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 1.8 of
Exhibit D within ten (10) Days of the request.
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 CLEG 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 CLEG 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 Exhibit D, Attachment 4.
Qwest may redact all dollar figures from copies of agreements listed in the
matrices that have not been publicly recorded that Qwest provides to CLEC. Any
dispute over whether terms have been redacted appropnately 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, GLEC 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, GLEC shall not be required to provide
an executed Consent to Disclosure form. Qwest makes, no warranties
concerning the accuracy of the information provided to GLEC; 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.
10.8.42 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.
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If field verification or Access Agreement preparation is desired, CLEC wil sign and
return Attachment 1.8 of Exhibit 0 along with a check for the relevant verification fee
(Field Verification Fee or Access Agreement Preparation Fee) plus $10.00 per AccessAgreement as consideration for the Accss Agreement. Upon payment of the relevant
fee and Access Agreement consideration. if applicable, Owest will provide. as
applicable. depending on whether the request is for poles. duct/innerduct/conduit. or
ROW: (a) in the case of ductnnerductconduit, a field survey and site investigation of
the duct/innerductconduit, including the preparation of distances and drawings. to
determine availabilty of existing duct/innerductconduit; identification of make-ready
costs required to provide space; the schedule in which the make-ready work wil 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 Owest. Upon completion of the Access Agreement(s) by CLEC, in
accordance with the instrctions, 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 part or parties, and such disputes shall
not involve Owest; and/or (c) in the case of poles, estimates of make-ready costs and
the annual recurnng prices associated with the attchment of facilties shall be as
provided in Exhibit A. The verification of (a), (b), and (c), above. shall be completed by
Owest 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 fort-five (45) Day
intervaL. The Attachment 2 quotation shall be valid for ninety (90) Days.
10.8.4.2.1 CLEe-Performed Field Venfication. At the option of CLEC, it
may perform its own field venfication (in lieu of Owestperforming same) with the
following stipulations: 1) Venfcations wil be conducted by a Owest approved
contractor; 2) A Owest contractor wil monitor the activity of CLEC contractor and
a current labor rate wil be charged to CLEC; 3) CLEC wil provide Owest with a
legible copy of manhole butterfy drawings that reflect necessary make-ready
effort; and 4) Owest wil use CLEC-provided butterfy drawings and
documentation to check against existing jobs and provide a final field report of
available ductinnerduct. CLEC wil be charged standard rates for tactical
planner time. .
10.8.4.3 Order - Poles and Ductlnnerduct. The review, signing and return of
Attachment 2 of the General Information Document along with payment of the Make-
Ready and prorated recurring access charges for the current relevant period (annual or
semi-annual) shall be accpted 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 will notif CLEC when poles/ductinnerduct 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 thirt (30) Days of receipt of an invoice for the
costs that exceed the estimate. .
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10.8.4.4.2 Within fifteen (15) business days of a request, Qwest wil
provide CLEC copies of records reflecting actual cost of Make-Ready work;
provided, however, that, if Qwest does not possess all such records at the time of
the request, then Qwest 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 sixt (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 Qwests 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, Qwest denies the request for poles, ducts or ROW, upon
CLEC request, Qwest 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 thirt (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 Qwests 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 Qwest PDR Transfer
Authorization Agreement, and full payment of the quoted PDR Transfer of Responsibilty
charge.
10.8.4.5.1 The PDR Transfer of Responsibilty Application Form and
Transfer Authorization Agreement are on Qwests web site. at:
http://ww.gwest.com/wholesale/pcaUpoleductrow.html.
10.8.4.5.2 The PDR Transfer of Responsibilty Application Form and an
electronic version of the Transfer Authorization Agreement with "Agreed" entered
in the designated signature blocks (this will act as your electronic signature) must
be submitted to wsst~gwest.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, Litleton CO 80120.
10.8.5 Biling
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
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Ancilary Services
Attachment Fee, Duct/lnnerduct Occupancy Fee and Access Agreement Consideration. Make-
Ready Fees will be computed in compliance with applicable local, state and federal guidelines.
Usage fees for poles/duct/innerduct (Le., Pole Attachment Fee and Ductllnnerduct Occupancy
Fee) will be assessed on an annual basis (unless CLEC requests a semi-annual basis). Annual
usage fees for poles/ductlinnerduct wil be assessed as of January 1 of each year. Semi-annual
usage fees for poleslductinnerduct wil be assessed as of January 1 and July 1 of each year.
All fees shall be paid within thirt (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 recurrng charges until Qwest 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 billng starts for assumingCLEC. .
10.8.6 Maintenance and Repair
In the event of any service outage affecting both Qwest 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 poleslductinnerduct.
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Section 11
Network Security
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 Part and any third parties, its employees,
agents or End User Customers, or their propert as it employs to protect its own personnel, End
User Customers and propert, etc.
11.2 Each 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. Specifcally, 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 covenng its employees On such security requirements and penalties.
11.3 The Parties' Telecommunications networks are part of the national secunty
network, and as such, are protected by federal law. Deliberate sabotage or disablement of any
portion of the underlying equipment used to provide the network is a violation of federal statutes
with severe penalties, especially in times of national emergency or state of war. The Parties are
responsible for covering their employees on such security requirements and penalties.
..
11.4 Qwest and CLEC 'share responsibilty for secunty and network protection for
each Collocation arrangement. Each Part's employees, agents or representatives must secure
its own portable test equipment, spares, etc. and shall not use the test equipment or spares of
other parties. Use of such test equipment or spares without written permission constitutes theft
and may be prosecuted. Exceptions are the use of Qwest ladders in the Wire Center, either
rollng or track, which CLEC may use in the course of work operations. Qwest assumes no
liabilty 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 secunty of its employees, agents or
representatives. Providing safety glasses, gloves, etc. must be done by the respective
employing Part. Hazards handling and safety procedures relative to the Telecommunications
environment is the training responsibilty of the employing Part.. Proper use of tools, ladders,
and test gear is the training responsibilty of the employing Part.
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 Part's 24 x 7 security numbers.
11.7 Each Part 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. .
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Network Securi
11.9 Qwest will limit the keys used in its keying systems for enclosed collocated
spaces which contain or house CLEC equipment or equipment enclosures to its employees and
representatives to emergency access only. -eLEC shall further have the right to change locks
where deemed necessary for the protection and securi of such spaces. -
11.10 Keys may entail either metallc keys or combination electronic ID/key cards. It is
solely the responsibilty of CLEC to ensure keys are not shared with unauthorized personnel
and recover keys and electronic ID/keys promptly from discharged personnel, such that offce
security is always maintained. Qwest has similar responsibilty for its employees.
11.11 CLEC wil train its employees, agents and vendors on Qwest security policiesand guidelines. .
11.12 When working on. Qwest ICDF Frames or in Qwests common or CLEC
equipment line-ups, Qwest and CLEC employees, agents and vendors agree to adhere to
Qwest quality and performance standards provided by Qwest and as specified in this
Agreement.
11.13 CLEC shall report all material losses to Qwest Security. All security incidents are
to be referred directly to local Qwest Security -1-888-879-7328. In cases of emergency, CLEC
shall call 911 and 1-888-879-7328. .
11.14 . Qwest and CLEC employees, agents and vendors 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 propert and equipment losses immediately, any
lost cards or keys, vandalism, unsecured conditions, security violations, anyone who is
unauthorized to be in the work area or is not wearing the Qwest identification/access card.
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
facilties. No open flames shall be permitted anywere within the buildings, Wire Centers or
other facilties. Failure to abide by this restriction may result in denial of access for that
individual and may constitute a violation of the accss rules, subjecting CLEC employee, agent
or vendor to denial of unescorted access. .Qwest shall provide written notice within five (5) Days
of CLECviolation 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 personnei involved, 2)
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identification of the safety regulation violated, and 3) date and location of such violation. CLEC
wil have five (5) Days to remedy any such violation for which it has received notice from Qwest.
In the event that CLEC fails to remedy any such violation of which it has received notice within
such five (5) Days following receipt of such notice, CLEC shall be denied unescorted access to
the affected Premises. In the event CLEC disputes any action Qwest seeks to take or has
taken pursuant to this provision, CLEC may pursue immediate resolution by expedited Dispute
Resolution.
11.20 No flammable or explosive fluids or materials are to be kept or used anywhere
within the Qwest buildings or on the grounds.
11.21 No weapons of any type are allowed on Qwest Premises. Vehicles on Qwest
propert are subject to this restriction as welL.
11.22 Except as otherwise provided in this Agreement, CLEC's employees, agents or
vendors may not make any modifications, alterations, additions or repairs to any space within
the building or on the grounds, provided, however, nothing in Section 11 shall prevent CLEC, its
employees or agents from performing modifications, alterations, additions or repairs to its own
equipment or facilties.
11.23 Qwest employees may request CLEC's employees, agents or vendors to stop
any work activity that in their reasonable judgment is a jeopardy to personal safety or poses a
potential for damage to the Qwest Premises, Qwest equipment or Qwest services within the
facilty until the situation is remedied. CLEC employees may report any work activity that in their
reasonable judgment is a jeopardy to personal safety or poses a potential for damage to the
building, CLEC equipment or CLEC services within the facilty, to Qwest Service Assurance
(800-713-3666) and the reported work activity wil be immediately stopped until the situation is
remedied. In the event such non-compliant activity occurs in a Qwest Central 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 Part 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 Part's facilties,
the compliant Part may perform such work and/or take action as is necessary to correct the
condition at the non-compliant Part's expense. In the event the non-compliant Party disputes
any action the compliant Part seeks to take or has taken pursuant to this provision, the non-
compliant Part may pursue immediate resolution by expedited Qispute Resolution. If the non-
compliant Part 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 Part fails to take all appropriate
steps to correct as soon as reasonably possible, the compliant Part may pursue immediate
resolution by expedited Dispute Resolution.
11.24 Qwest is not liable for any damage, theft or personal injury resulting from CLEC's
employees, agents or vendors parking in a Qwest parking area. '
11.25 CLEC's employees, agents or vendors outside the designated CLEC access
area, or without proper identification may be asked to vacate the Premises and Qwest security
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may be notified. Continued violations may result in termination of access privileges. Qwest
shall provide immediate notice of the securit violation to CLEC and such notice shall include:
1) identification of the security violation, 2) identifcation 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 pnvileges for such individuaL. In the
event CLEC disputes any action Qwest seeks to take or has taken pursuant to this provision,
CLEC may pursue immediate resolution by expedited or other Dispute Resolution.
11.26
Centers:
Building related problems may be referred to the Qwest Work Environment
800-879-3499, (CO, WY, AZ, NM)
800-201-7033 (all other Qviest states)
11.27 CLEC wil submit a Qwest Collocation Access Application form for individuals
needing to access Qwest facilties. CLEC and Qwest wil meet to review applications and
security requirements.
11.28 CLEC employees, agents and vendors wil utilze only corridors, stairways and
elevators that provide direct access to CLEC's space or the nearest restroom facilty. Such
access wil be covered in orientation meetings. Access shall not be permitted to any other
portions of the building.
11.29 CLEC wil collect identification/access cards for any employees, agents or
vendors no longer working on behalf of CLEC and forward them to Qwest Security. If cards or
keys cannot be collected, CLEC wil immediately notif Qwest at 800-210-8169.
11.30 CLEC wil assist Qwest in validation and venfication of identification of its
employees, agents and vendors by providing a telephone contact available seven (7) Days a
week, twenty-four (24) hours a Day.
11.31 Qwest and CLEC employees, agents and vendors wil notify Qwest Service
Assurance (800-713-3666) prior to gaining access into a Central Ofce after hours, for the
purpose of disabling Central Offce alarms for CLEC access. Normal business hours are 7:00
a.m. to 5:00 p.m.
11.32 CLEC wil notify Qwest if CLEC has information that its employee, agent or
vendor poses a safety and/or security risk. Qwest may deny access to anyone who in the
reasonable judgment of Qwest threatens the safety or security of facilties or personneL.
11.33 CLEC wil supply to Qwest Security, and keep up to date, a list of its employees,
agents and vendors who require access to CLEC's space. The list wil include names and
social secunty numbers. Names of employees, agents or vendors to be added to the list wil be
provided to Qwest Secunt, who will provide it to the appropriate Qwest personneL.
11.34 Revenue Protection. Qwest shall make available to CLEC all present and future
fraud prevention or revenue protection features. These features include, but are not limited to,
screening codes, information digits '29' and '70' which indicate prison and cocor pay phone
onginating line types respectively; call blocking of domestic, international, 800, 888, 900, NPA-
976, 700 and 500 numbers. Qwest shall additionally provide partitioned access to fraud
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prevention, detection and control functionality within pertinent Operations Support Systems
which include but are not limited to LIDS Fraud monitoring systems.
11.34.1 Uncollectable or unbilable revenues resulting from, but not confined to,
Provisioning, maintenance, or signal network routing errors shall be the responsibilty of
the Part causing such error or malicious acts, if such malicious acts could have
reasonably been avoided.
11.34.2 Uncollectible or unbilable revenues resulting from the accidental or
malicious alteration of softare underlying Network Elements or their subtending
Operational Support Systems by unauthorized third partiès that could have reasonably
been avoided shall be the responsibilty 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 un billable
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 capabilty requested by CLEC, those costs wil be borne by CLEC.
11.34.5 To the extent that either Part is liable to any toll provider for fraud and to
the extent that either Party could have reasonably prevented such fraud, the Part 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
restriètion, 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, release of 911 trace and subscriber information; in-
progress trace requests; establishing emergency trace equipment, release of information from
an emergency trap/trace or *57 trace; requests for emergency subscriber information;
assistance to law enforcement agencies in hostage/barricade situations, kidnappings, bomb
threats, extortion/scams, runaways and life threats.
11.36 Qwest provides trap/trace, pen register and Title II 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 directlý to the law enforcement agency,
without involvement of CLEC, for any lines served from Qwest Wire Centers or cross boxes.
11.37 In all cases involving telephone lines served from Qwest Wire Centers or cross
boxes, whether. the line is a resold line or Unbundled Loop element, Qwest will perform
trap/trace Title III and pen register assistance directly with lawenforcement. 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
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Section 11
Netwrk Security
will 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 wil provide Qwest with a twenty-four (24)
hours a Day, seven (7) Days a week contact for processing such requests, should they occur.
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Section 12
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 Billng. 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 wil continue to
make improvements to the electronic interfaces as technology evolves, Qwests legacy systems
improve, or CLEC needs require. Qwest shall provide notification to CLEC consistent with the
provisions of fhe Change~anagement 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 Biling 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
effcient 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 pròvide sufficient access to each of the necessary OSS functions. Qwest shall
provide assistance for CLEC to understand how to implement and use an 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 effciently. Qwest shall provide training to enable CLEC to
devise its own course work for its own employees. Through its documentation available to
CLEC, Qwest wil identify how its interface differs from national guidelines or standards. Qwest
shall provide OSS designed to accommodate both current demand and reasonably foreseeable
demand.
12.2 OSS Support for Pre-ordering, Ordering and Provisioning
12.2.0 Qwest wil establish interface contingency plans and disaster recovery plans for
the interfaces described in this Section. Qwest will work cooperatively with CLECs through the
CMP to consider any suggestions made by CLECs to improve or modify such plans. CLEC-
specific requests for modifications to such plans wil be negotiated and mutually agreed upon
between Qwest and CLEC.
12.2.0.1 Ordering and Provisioning
12.2.0.1.1 Ordering and Provisioning - Qwest wil provide access to ordering
and status functions. CLEC wil populate the service request to identify what
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features, services, or elements it wishes Owest to provision in accordance with
Owests published business rules.
12.2.0.1.2 Owest will provide all Provisioning services to CLEC during the
same business hours that Owest provisions services for its End User Customers.
Owest wil provide out-of-hours Provisioning services to CLEC on a non-
discriminatory basis, as it provides such Provisioning services to itself, its End
User Customers, its Affliates or any other Part. Owest shall disclose the
business rules regarding out-of-hours Provisioning on its wholesale web site.
12.2.0.1.3 When CLEC places a manual order, Owest wil provide CLEC with
a manual Firm Order Confirmation (FOC) notice. The confirmation notice wil
follow industry-standard formats.
12.2.0.1.4 Business rules regarding rejection of Local Service Requests
(LSR) or Access Service Requests (ASR) are subject to the provisions of Section
12.2.6.
12.2.1
12.2.0.1.5 When Owest provides installation on behalf of CLEC, Owest wil
advise CLEC's End User Customer to notif 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-application interface
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 utilzes a WEB standard technology, Hyper Text
Markup Language (HTML), JAVA and the Transmission Control ProtocollInternet
Protocol (TCP/IP) to transmit messages.
12.2.1.1.4 Functions Pre-ordering - Owest 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 InterLTA toll available at a validservice address;
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Access to Operational Support Systems (OSS)
12.2.1.1.4.2 Access to Customer Service Records (CSRs) for Qwest
retail or resale End User Customers. The information will include Billng
name, service address, Biling address, service and feature subscription,
Directory Listing information, and Long Distance Carrier identity;
12.2.1.1.4.3 Telephone number request and selection;
12.2.1.1.4.4 Reservation of appointments for service installations
requiring the dispatch of a Qwest technician on a non-discriminatory
basis;.
. 12.2.1.1.4.5 Information regarding whether dispatch . is required for
service installation and available installation appointments;
12.2.1.1.4.6 Service address verification;
12.2.1.1.4.7 Facilty availabilty, Loop qualification and Loop make-up
information, including, but not limited to, Loop length, presence of Bridged
Taps, repeaters, and loading coils;
12.2.1.1.4.8 A list of v,alid available CFAs for Unbundled Loops;
12.2.1.1.4.9 A list of one to five (1-5) individual Meet Points or a range
of Meet Points for shared Loops;
12.2.1.1.4.10 Design Layout Record (DLR) Query which provides the
layout for the local portion of a circuit at a particular location where
applicable;
12.2.1.1.4.11 NC/NCI combinations supported by IMA flow-through can
be addressed;
12.2.1.1.4.12 Raw Loop Data can be validated in IMA and QORA and
retrieved by segments and sub~segments; and
12.2.1.1.4.13 Loop Qualification for ISDN and Qwest DSL services can
be performed using IMA Loop Qualification TooL.
12.2.1.1.5 When CLEC places an electronic order, Qwest will provide
CLEC with an electronic FOC. The FOC 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)
Billing completion that notifies CLEC that the service order has posted to the
Billing system.
12.2.1.1.6 When CLEC places an electronic order, Qwest wil provide
notification electronically.of any instances when 1) Qwests Committed Due Date
is in jeopardy of not being met by Qwest, or 2) an order is rejected. The
standards for returning such notices are set forth in Section 20.
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12.2.1.1.7 When CLEC places a manual order, 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 fort 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 fift (50)
SecurlDs for use by CLEC Customer service representatives at a single
CLEC location, CLEC shall use a T1 line instead of dial-up access at that
location. If CLEC is obtaining the line from Qwest, then CLEC shall be
able to use SecurlDs until such time as Qwest provisions the T1 line and
the line permits pre-order and order information to be exchanged between
Qwest andc CLEC.
12.2.1.1.9 Application-to-application Facilties-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 Qwest shall provide. a computer-to-computer batch file interface,
an application-to-application interface, and a GUI interface for submission of
ASRs based upon the OBF Access Service Order Guidelines (ASOG). Qwest
shall supply exceptions to these guidelines in writing in. suffcient 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 Secton. Qwest will make the following real time pre-
order functions available to CLEC:
12.2.1.2.2.1
12.2.1.2.2.2
12.2.1.2.2.3
12.2.1.2.2.4
12.2.1.2.2.5
12.2.1.2.3
Service Address validation;
CFA validation;
NC-NCI validation;
BAN validation; and
CLLI validation.
When CLEC places an electronic or manual order,
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Qwest will provide notification of any instances when 1) Qwests committed Due
Date is in jeopardy of not being met by Qwest, or 2) an order is rejected. The
standardsJor returning such notices are set forth in Section 20.
12.2.1.2.4 When CLEC places an electronic order, Qwest will provide,
CLEC with an electronic Firm Order Confirmation notice (FOC). The FOC wil
follow industry-standard formats and contain the Qwest Due Date for order
completion. .
12.2:2 Maintenanc;e and Repair
12.2.2.1 Qwest shall provide electronic interface gateways, including an Electronic
Bonding interface and a GUI interface, for reviewing an End User Customer's trouble
history at a specific location, conducting testing of an End User Customets service
where applicable, and reporting trouble to faciltate the exchange of updated information
and progress reports between Qwest and CLEC while the Trouble Report (TR) is open
and a Qwest technician is working on the resolution. CLEC may also report trouble
through manual processes. For designed services, the TR will not be closed prior to
verification by CLEC that trouble is cleared.
12.2.3 Intenace Availabilty
12.2.3.1 Qwest shall make its OSS interfaces available to CLEC during the hours
listed in the Gateway Availabilty PIDs in Section 20.
12.2.3.2 Qwest shall notify CLEC in a timely manner regarding system downtime
through mass email distribution and pop-up windows as applicable.
12.2.4 Biling
12.2.4.1 For products biled out of the Qwest Interexchange Access Biling System
(lABS), Qwest wil utilize the existing CABS/BOS format and technology for thetransmission of bils.
12.2.4.2 For products biled out of the Qwest Customer Record Information
System (CRIS), Qwest wil utilze the existing EDI standard for the transmission of
monthly local Biling information. EDI is an established standard under the auspices of
the ANSI/ASC X12 Committee. A proper subset of this specification has been adopted
by the Telecommunications Industry Forum (TCIF) as the "811 Guidelines" specifically
for the purposes of Telecommunications Billng. 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 wil
capture all regular monthly and incremental/usage charges and present them in a summarized
format. The files and reports delivered to CLEC come in the following categories:
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Usage Record File Line Usage Information
Loss and Completion Order Information
Category 11 Facilty Based Line Usage Information
SAG/FAM Street Address/Facilty Availabilty 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
Biling detail and contain monthly, one-time charges and incremental/call detail
information. The Summary Bil provides one bil and one payment document for
CLEC. These bils are segmented by state and bil cycle. The number of bills
received by CLEC is dictated by the product ordered and the Qwest region inwhich CLEC is operating. .
12.2.5.1.2 lABS Bil - The lABS Bill represents a monthly summary of
charges. This bil includes monthly and one-time charges plus a summary of any
usage charges. These bils are segmented by product, LATA, 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 will be transmitted Monday through Friday, excluding Qwest holidays.
This information is a file of unrated Qwest originated usage messages and rated
CLEC originated usage messages. It is provided in 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 identifcation 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 will be provided for resale
products.
12.2.5.2.2 The charge for this Daily Usage Record File is contained in Exhibit
Aof this Agreement.
12.2.5.2.3 Routing of in-region IntraLATA Collect, Callng Card, and Third
Number Biled Messages - Qwest wil distribute in-region IntraLA T A collect,
callng card, and third number biled messages to CLEC and exchange with other
CLECs operating in region in a manner consistent with existing inter-company
processing agreements. Whenever the daily usage information is transmitted to
a Carrier, it wil contain these records for these types of calls as welL.
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"\ :d~~.~ :_;_~\;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 Portabilty products.
12.2.5.2.5 Completion Report provides CLEC with a daily report. This
report is used to advise CLEC that the order(s) for the service(s) requested is
complete. It details the order number, service name and address and date this
change was completed. Individual reports 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
Availabilty 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 ass, products and processes. The CMP shall include, but not be
limited to, utilzation 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; (ii) 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 ass, products or processes can be
promptly and effectively resolved; (vi) processes that are effective in maintaining the shortest
timeline practicable for the receipt, development and implementation of all CRs; (vii) suffcient
dedicated Qwest processes to address and resolve in a timelýmanner CRs and other issues
that come before the CMP body; (viii) processes for ass Interface testing; (ix) information that
is clearly organized and readily accessible to CLECs, including the availabilty 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
CLEes 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
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CLECs, introduction of new products available to CLECs, discontinuance of products available
to CLECs, modifications to pre-ordering, ordering/provisioning, maintenance/repair or billing
processes, 'introduction of pre-ordering, ordering/provisioning, maintenance/repair or billing
processes, discontinuance of pre-ordering, ordering/provisioning, maintenance/repair or biling
processes, modifications to existing OSS interfaces, introduction of new OSS interfaces, and
retirement of existing OSS interfaces. Qwest will maintain as part of CMP an escalation
process so that CMP issues can be escalated to a Qwest representative authorized to make a
final decision and a process for the timely resolution of disputes. The governing document for
. CMP, known as the "Change Management Process" Document is the subject of ongoing
negotiations between Qwest and CLECs in the ongoing CMP. The CMP Document wil
continue to be changed through those discussions. The CMP Document reflects the
commitments Qwest has made regarding maintaining its CMP and Qwest commits to implement
agreements made in the CMP process as soon as practicable after they are made. The CMP
Document wil be subject to change through the CMP, as set forth in the CMP Document.
Qwest will maintain the most current version of the CMP Document on its wholesale web site.
12.2.6.1 In the course of establishing operational ready system interfaces between
Qwest and CLEC to support local service delivery, CLEC and Qwest may need to define
and implement system interface specifcations that are supplemental to existing
standards.' CLECand Qwest wil submit such specifications to the appropriate
standards committee and will work towards their acceptance as standards.
12.2.6.2
12.2.6.3
Release updates wil be implemented pursuant to the CMP.
Intentionally Left Blank.
12.2.7 CLEC Responsibilties for Implementation of ass Inteñaces
12.2.7.1 Before CLEC implementation can begin, CLEC must completely and
accurately answer the New Customer Qùestionnaire as required in Section 3.2.
12.2.7.2 Once Qwest receives a complete and accurate New Customer
Questionnaire, Qwest and CLEC will mutually agree upon time frames for
implementation of connectivity between CLEC and the OSS interfaces.
12.2.8 Qwest Responsibilties for On-going Support for ass Inteñaces
Qwest wil support previous application-to-application releases for six (6) months after the next
subsequent release has been deployed.
12.2.8.1
release.
Qwest wil provide written notice to CLEC of the need to migrate to a new
12.2.8.2 Qwest wil provide an Implementation Coòrdinator to work with CLEC for
business scenario re-certifcation, migration and data conversion strategy definition.
12.2.8.3 Re-certifcation is the process by which CLEC demonstrates the abilty to
generate correct functional transactions for enhancements not previously certified.
Qwest wil provide the suite of tests for re-certification to CLEC with the issuance of the
disclosure document.
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12.2.8.4 Qwest shall provide training mechanisms for CLEC to pursue in educating
its internal personnel. Qwest shall provide training necessary for CLEC to use Qwests
ass interfaces and to understand Qwests documentation, including Qwests business
rules.
12.2.9 CLEC Responsibilties for On-going Support for ass Intenaces
12.2.9.1 If using the GUI interface, CLEC will take reasonable efforts to train CLEC
personnel on the GUI functions that CLEC wil be using.
12.2.9.2 An application-to-application exchange protocol wil be used to transport
electronically-formatted content. CLEC must perform 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 ass wil be capable of interacting smoothly and
efficiently with Qwests ass. Qwest has established the following test processes to
assure the implementation of a solid interface between Qwest and CLEC:
12.2.9.3.1 Connectivity Testing - CLECand Qwest wil conduct
connectivity testing. This test wil 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:
Qwests stand-alone testing environment wil take pre-order and order requests,
pass them to the stand-alone database, and return responses to CLEC during its
development and implementation of application-to-application interface.
Regression testing-SATE provides CLEC the opportunity to validate its technical
development efforts built via Qwest documentation without the need to schedule
test times. This testing verifies CLEC's abilty to send correctiy formatted
electronic transactions through the IMA system edits successfully for both new
and existing releases. SATE uses test account data supplied by Qwest. Qwest
wil make additions to the test beds and test accounts as it introduces new ass
electronic interface capabilties, 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 CLECwith the opportunity to
validate technical development efforts and to quantify processing results.
Progression testing provides CLEC the opportunity to validate its technical
development efforts built via Qwest documentation without the need to schedule
test times. This testing verifies CLEC's abilty to send correctly formatted
electronic transactions through IMA system edits successfully for both new and
existing releases. SATE uses test accunt data supplied by Qwest. Qwest wil
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make additions to the test beds and test accunts as it introduces new ass
electronic interface capabilties, 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 Prouction - Owest and CLEC will perform controlled
production. The controlled producton process is designed to validate the abilty
of CLEC to transmit electronic data that completely meets, the appropriate
electronic transmission standards and complies with all 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 will 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 CLEe a reasonably suficient amount of
time during the day and a reasonably suffcient number of days during the week
to complete certification of its business scenarios consistent with CLEC's
business plan. It is the sole responsibility of CLEC to schedule an appointment
with Owest for certifcation 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 responsibilty 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 certifcation being delayed. If a delay is due to Owest, Owest wil
honor CLEC's schedule through the use of alternative hours.
12.2.9.4 If CLEC is using the application-to-application interface, CLEC must work
with Owest to certify the business scenarios that CLEC wil be using in order to ensure
successful transaction processing. Owest and CLEC shall mutually agree to the
business scenarios for which CLEC requires certifcation. Certification wil be granted for
the specified release of the interface. If CLEC is certifing multiple products or services,
CLEC has the option of certifing those products or services serially or in parallel where
Technically Feasible.
12.2.9.4.1 For a new softare release or upgrade, Owest will provide
CLEC a stable testing environment that mirrors the production environment in
order for CLEC to test the new release. Forsóftare 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-ta-application interface may require re-
certification of some or all business scenarios. A determination as to the need for re-
certification wil be made by the Owest coordinator in conjunction with the release
manager of each IMA release. Notice of the need for re-certifcation will be provided to
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';:.:':.'::c.'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 Qwest 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:
;~\'~. :2:
12.2.9.6.1.1 SATE regression or SATE progression
interoperabilty testing must begin on the prior release before the next
release is implemented. Otherwise, CLEC wil be required to move its
implementation plan to the next release.
12.2.9.6.1.2 New IMA application-to-application users must be
certified and in production with at least one (1) product and one (1) order
activity type on a prior release two (2) months after the implementation of
the next release. Otherwise, CLEC wil be required to move its
implementation plan to the next release.
12.2.9.6.1.3 Any IMA application-to-application user that has
been placed into production on the prior release not later than two (2)
months after the next release implementation may continue certifying
additional products and activities until two (2) months prior to the
retirement of the release. To be placed into production, the
products/order activities must have been tested in the SATE environment
before two (2) months after the implementation of the next release.
12.2.9.7 CLEC wil be expected to execute the re-certification test cases in the
stand alone test environment. CLEC wil provide Purchase Order Numbers (PONs) of
the succssful test cases to Qwest.
12.2.9.8 In addition to the testing set forth in other sections of Section 12.2.9, upon
request by CLEC, Qwest 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 åssigning responsibilty for the costs of such testing. Absent a
finding that the test scope and activities address issues of common interest to the CLEC
community, the costs shall be assigned to CLEC requesting the test procedures.
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12.2.10 CLEC Support
12.2.10.1 Qwest shall provide documentation and assistance for CLEC to
understand how to implement and use all of the available ass functions. Qwest shall
provide to CLEC in writing any internal business rules and other formatting information
necessary to ensure that CLEC's requests and orders are processed effciently. This
assistance wil include, but is not limited to, contacts to the CLEC account team, training,
documentation, and CLEC Help Desk. Qwest wil also supply CLEC with an escalation
level contact list in the event issues are not resolved via contacts to the CLEC account
team, training, documentation and CLEC Help Desk.
12.2.10.2 CLEC Help Desk
12.2.10.2.1 The CLEC Systems Help Desk wil provide a single point of
entry for CLEC to gain assistance in areas involving connectivity, system
availabilty, and file outputs. The CLEC Systems Help Desk areas are further
described below.
12.2.10.2.1.1 Connectivit covers trouble with CLEC's access to
the Qwest system for hardware configuration requirements with relevance
to application-to-application and GUI interfaces; softare configuration
requirements with relevance to application-to-application and GUI
interfaces; modem configuration requirements, T1 configuration and dial-
in string requirements, firewall accss configuration, web-services
configuration, SecurlD configuration, Profile Setup, and password
verification.
12.2.10.2.1.2 System Availability covers system errors generated
during an attempt by CLEC to place orders or open trouble reports
through application-ta-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 Additior:al assistance to CLEC is available through various public web
sites. These web sites provide electronic interface training information and user
documentation and technical specifications and are located on Qwests wholesale web
site. Qwest will provide Interconnect Service Center Help Desks which wil provide a
single point of contact for CLEC to gain assistance in areas involving order submission
and manual processes.
12.2.11 Compensation/Cost Recovery
Recurring and nonrecurring ass 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 ass charges unless and until the Commission authorizes. Qwest to
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impose such charges and/or approves applicable rates at the completion of appropriate cost
docket proceedings.
12.3 Maintenance and Repair
12.3.1 Service Levels
12.3.1.1 Qwest wil provide repair and maintenance for all services covered by this
Agreement in substantially the same time and manner as that which Qwest provides for
itself, its End User Customers, its Affliates, or any other part. Qwest shall provide
CLEC repair status information in substantially the same time and manner as Qwest
provides for its retail services.
12.3.1.2 During the term of this Agreement, Qwest wil provide necessary
maintenance business process support to allow CLEC to provide similar service quality
to that provided by Qwest to itself, its End User Customers, its Affliates, or any other
part.
12.3.1.3 Qwest wil perform repair service that is substantially the same in
timeliness and quality to that which it provides to itself, its End User Customers, its
Affliates, 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 Affilates, except as expressly permitted by CLEC.
12.3.3 Service Interruptions
12.3.3.1 The characteristics and methods of operation of any circuits, facilities or
equipment of either Part connected with the services, facilties or equipment of the
other Party pursuant to this Agreement shall not: 1) interfere with or impair service over
any facilties of the other Part, its affilated companies, or its connecting and concurring
Carriers involved in its services; 2) cause damage to the plant of the other Party, its
affliated companies, or its connecting concurring Carriers involved in its services; 3)
violate any Applicable Law or regulation regarding the invasion of privacy of any
communications carried over the Part's facilties; or 4) create hazards to the employees
of either Part or to the public. Each of these requirements is hereinafter referred to as
an "Impairment of Service".
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12.3.3.2 If it is confirmed that either Part is causing an Impairment of Service, as
set forth in this Section, the Part whose network or service is being impaired (the
"Impaired Part") shall promptly notify the Part causing the Impairment of Service (the
"Impairing Part") of the nature and location of the problem. The Impaired Party shall
advise the Impairing Part that, unless promptly rectifed, a temporary discontinuance of
the use of any circuit, facilty or equipment may be required. The Impairing Part and
the Impaired Part agree to work together to attempt to promptly resolve the Impairment
of Service. If the Impairing Part is unable to promptly remedy the Impairment of
Service, the Impaired Part may temporarily discontinue use of the affected circuit,
facilty or equipment.
12.3.3.3 To faciltate trouble reporting and to coordinate the repair of the service
provided by each Part to the other under this Agreement, each Part shall designate a
repair center for such service.
12.3.,3.4 Each Party shall furnish a trouble reporting telephone number for the
designated repair center. This number shall give access to the location where records
are normally located and where current status reports on any trouble reports are readily
available. If necessary, alternative out-of-hours procedures shall be established to
ensure access to a location that is staffed and has the authority to initiate corrective
action.
12.3.3.5 Before either Party reports a trouble condition, it shall use its best efforts
to isolate the trouble to the other's facilties.
12.3.3.5.1 In cases where a trouble condition affects a significant portion of
the other's service, the Parties shall assign the same priority provided to CLEC
as itself, its End User Customers, its Affliates, or any other party.
12.3.3.5.2 The Parties shall coperate 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 responsibilty for resolution of any service trouble report(s) from its End User
Customers. CLEC wil perform trouble isolation on ~ervices it provides to its End User'
Customers to the extent the capabilty to perform such trouble isolation is available to
CLEC, prior to reporting trouble to Qwest. CLEC shall have access for testing purposes
at the Demarcation Point, NID, or Point of Interface. Qwest wil work cooperatively with
CLEC to resolve trouble reports when the trouble condition has been isolated and found
to be within a portion of Qwests network.' Qwest and CLEC will report trouble isolation
test results to the other. Each Part shall be responsible for the costs of performing
trouble isolation on its facilities, subject to Sections 12.3.4.2 and 12.3.4.3.
12.3.4.2 When CLEC requests that Qwest perform trouble isolation with CLEC, a
Maintenance of Service Miscellaneous Charge or a Trouble Isolation charge applies if
the trouble is found to be on CLEC's side or on the End User Customer's side of the
Demarcation Point. If the trouble is on the End User Customer's side of the Demarcation
Point,CLECis required to perform its own maintenance.
12.3.4.3 Before submitting a repair request to Qwest, CLEC wil isolate trouble to
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the Qwest network and must submit test results indicating the location of the trouble
when submitting the repair request. If a trouble ticket with test results is accepted by
Qwest, and Qwest determines that the trouble is on the CLEC or the End User
Customer's side of the Loop Demarcation Point, a Maintenance of Service
Miscellaneous Charge or a Trouble Isolation Charge applies. When CLEC elects not to
perform trouble isolation and Qwest performs tests at CLEC request, a Maintenance of
Service Miscellaneous Charge or a Trouble Isolation charge applies if the trouble is not
in Qwests facilities, including Qwests facilties leased by CLEC. When trouble is found
on Qwests side of the Demarcation Point, or Point of Interface, during the investigation
of the initial or repeat trouble report for the same line or circuit within 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, Qwest 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 TestingJTest Requests/Coordinated Testing/UNEs
12.3.6.1 Where CLEC does not have the abilty to diagnose and isolate trouble on
a Qwest line, circuit, or service provided in this Agreement that CLEC is utilzing to serve
an End User Customer, Qwest wil conduct testing, to the extent testing capabilties are
available to Qwest, to diagnose and isolate a trouble in substantially the same time and
manner that Qwest provides for itself, its End User Customers, its Affliates, or any other
party.
12.3.6.2 Prior to Qwest conducting a test on a line, circuit, or service provided in
this Agreement that CLEC is utilzing to serve an End User Customer, Qwest must
receive a trouble report from CLEC.
12.3.6.3 On manually reported trouble for non-designed services, Qwest wil
provide readily available test results to CLEC or test results to CLEC in accordance with
any applicable Commission rule for providing test results to End User Customers or
CLECs. On manually reported trouble for designed services provided in this Agreement,
Qwest wil provide CLEC test results upon request. For electronically reported trouble,
Qwest wil provide CLEC with the abilty to obtain basic test results in substantially the
same time and manner that Qwest provides for itself, its End User Customers, its
Affliates, or any other part.
12.3.6.4 CLEC shall isolate the trouble condition, to Qwests portion of the line,
circuit, or service provided in this Agreement before Qwest accepts a trouble report for
that line, circuit or service. Once Qwest accepts the trouble report from CLEC, Qwest
shall process the trouble report in substantially the same time and manner as Qwest
does for itself, its End User Customers, its Affliates, or any other part.
12.3.6.5 Qwest shall test to ensure electrical continuity of all UNEs, including
Central Offce Demarcation Point, and services it provides to CLEC. prior to closing a
trouble report.
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12.3.7 Work Center Interlaces
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 will 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 Part seeking
such information.
12.3.8.1.4 CLEC and Qwest wil 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 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 Part shall make disparaging remarks about each
other. To the extent the correct provider can be determined, misdirected calls
received by either Part will be referred to the proper provider of local Exchange
SerVice; however, nothing in this Agreement shall be deemed to prohibit Qwest
or CLEC from discussing its products and services with CLEC's or Qwests End
User Customers who call the other Part seeking such information.
12.3.9 Major Outages/Restoral/Notiflcation
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 Affilates, or any
other part. This notification wil be via e-mail to CLEC's identified contact. With the
minor exception of certain Propnetary .Information such as Customer information,.Qwest
wil utilze the same thresholds and processes for external notification as it does for
internal purposes. This major outage information will be sent via e-mail on the same
schedule as is provided internally within Qwest. The email notification schedule shall
consist of initial report of abnormal condition and estimated restoration time/date,
abnormal condition updates, and final disposition. Service restoration wil be non-
discriminatory, and wil be accomplished as quickly as possible according to Qwest
.1
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and/or industry standards.
12.3.9.2 Qwest wil meet with associated personnel from CLEC to share contact
information and review Qwests outage restoral processes and notification processes.
12.3.9.3 Qwests emergency restoration process operates on a 7X24 basis.
12.3.10 Protective Maintenance-
12.3.10.1 Qwest wil perform scheduled maintenance of substantially the same type
and quality to that which it provides to itself, its End User Customers, its Affliates, or any
other part.
12.3.10.2 Qwest wil work cooperatively with CLEC to develop industry-wide
processes to provide as much notice as possible to CLEC of pending maintenance
activity. Qwest shall provide notice of potentially CLEC Customer impacting
maintenance activity, to the extent Qwest can determine such impact, and negotiate
mutually agreeable dates with CLEC in substantially the same time and manner as it
does for itself, its End User Customers, its Affilates, or any other part.
12.3.10.3 Qwest shall advise CLEC of non-scheduled maintenance, testing,
monitonng, and surveillance activity to be performed by Qwest on any services,
including, to the extent,Qwest can determine, any hardware, equipment, softare, or
system providing service functionality which may potentially impact CLEC and/or CLEC
End User Customers. Qwest shall provide the maximum advance notice of such non-
scheduled maintenance and testing activity possible, under the circumstances; provided,
however, that Qwest shall provide emergency maintenance as promptly as possible to
maintain or restore service and shall advise CLEC promptly of any such actions it takes.
12.3.11 Hours of Coverage
12.3.11.1 Qwests repair operation is seven (7) Days a week, twenty-four (24) hours
a day. Not all functions or locations are covered with scheduled employees ona 7X24
basis. Where such 7X24 coverage is not available, Qwests repair operations center
(always available 7X24) can call-out technicians or other personnel required for theidentified situation. .
12.3.12 Escalations
12.3.12.1 Qwest wil provide trouble escalation procedures to CLEC. Such
procedures wil be substantially the same type and quality as Qwest employs for itself,
its End User Customers, its Affliates, or any other part. Qwest escalations are manual
processes.
12.3.12.2 Qwest repair escalations may be initiated by either callng the trouble
reporting center or through the electronic interfaces. Escalations sequence through five
tiers: tester, duty supervisor, manager, director, vice president. The first escalation point
is the tester. 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.
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12.3.12.3 Qwest shall handle chronic troubles on non-designed services, which are
those greater than three (3) troubles in a rollng thirt (30) Day period, pursuant to
Section 12.2.2.1.
12.3.13 Dispatch
12.3.13.1 Qwest wil provide maintenance dispatch personnel in substantially the
same time and manner as it provides for itself, its End User Customers, its Affiliates, or
any other part.
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
wil be Qwests decision whether or not to send a technician out on a dispatch. Qwest
reserves the right to make this dispatch decision based on the best information available
to it in the trouble resolution process. It is not always necessary to dispatch. to resolve
trouble; should CLEC require a dispatch when Qwest believes the dispatch is not
necessary, appropriate Miscellaneous Charges for dispatch will be 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 facilties or
equipment.
12.3.13.3 For POTS lines and designed servce 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 anytime after creation..
12.3.14.2 Manually reported trouble tickets may be accssed by CLEC through
electronic interfaces when the ticket has been closed. CLEC wil only be able to view
the history on the accunt.
12.3.15 Intervals/Parity
12.3.15.1 Similar trouble conditions, whether reported on behalf of Qwest End User
Customers or on behalf of CLEC End User Customers, will receive commitment intervals
in substantially the same time and manner as Qwest provides for itself, its End User
Customers, its Affliates, or any other part.
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 part, that a trouble report commitent (appointment or interval) has been or is
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likely to be missed. At CLEC option, notification may be sent by email or fax through the
electronic interface. CLEC may telephone 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 facilties. For services and facilties where the capabilty to
test all or portions of the Qwèst network service or facility rest with Qwest, Qwest wil
perform test isolation and test the service and facilty 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 Affilates, or any other party. On electronically reported trouble
reports the electronic system will automatically update status information, including
trouble completion, across the joint electronic gateway as the status changes.
12.3.19 End User Customer Intenace 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 will be trained in non-discriminatory behavior.
12.3.19.3 Qwest will recognize the designated CLEC/DLEC as the Customer of
Record for all services ordered by CLEC/DLEC and wil send all notices, invoices and
pertinent information directly to 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 CLEe to Qwest wil be answered with
the same quality and speed as Qwest answers calls from its own End User Customers.
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12.3.21 Single Point of Contact
12.3.21.1 Qwest wil 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 Qwest maintains an information database, available to CLEC for the
purpose of allowing CLEC to obtain information about Qwests NPAs, LATAs, Access
Tandem Switches and Central Offces.
12.3.22.2 This database is known as the ICONN database, available to CLEC via
Qwests web site.
12.3.22.3
database.
CPNI Information and NXX activit reports are also included in this
12.3.22.4 ICONN data is updated in substantially the same time and manner as
Qwest updates the same data for itself, its End User Customers, its Affliates, or any
other party.
12.3.23 Maintenance Windows
12.3.23.1 Generally, Qwest performs major Swich 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 Genera'iiy, the maintenance window is between 10:00 p.m. through 6:00
a.m. Monday through Friday, and Saturday 10:00 p.m. through Monday 6:00 a.m.,
Mountain Time. Although Qwest normally does major Switch maintenance during the
above maintenance window, there wil be occsions where this wil not be possible.
Qwest 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 Qwest provides this information to itself, its
End User Customers, its Affliates, or any other part.
12.3.23.3 Intentionally Left Blank.
12.3.23.4 Planned generic upgrades to Qwest Switches are included in the ICONN
database, available to CLEC via Qwests web site.
12.3.24 Switch and Frame Conversion Service Order Practices
12.3.24.1 Switch Conversions. Switch conversion activity generally consists of the
removal of one Switch and its replacement with another. Generic Switch softare or
hardware upgrades, the addition of Switch line and trunk connection hardware and the
addition of capacity to a Switch do not constitute Switch conversions.
12.3.24.2 Frame Conversions. Frame conversions are generally the removal and
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¡'._" _. ~~.~_l,.', '~:_,:'.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 facilty connections are frozen to
faciltate conversion from one Switch or frame to another with minimal disruption to the
End User Customer or CLEC servces. During the embargo period, Qwest wil reject
orders for Trunk Side facilties (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 facilty related service orders for itself, its End User Customers,
its Affiliates, or any other part during embargoes, Qwest shall provide CLEC the same
capabilties.
12.3.24.4.1 ASRs for Switch or frame Trunk Side facilty 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 facilties issued by CLEC or Qwest, its End
User Customers, its Affliates or any other part during the. embargo period,
regardless of the order's Due Date except for conversion ASRs described in
Section 12.3.24.4.3.
12.3.24.4.2 For Switch and Trunk Side frame conversions, 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
facilty conversion ASRs to Qwest no later than thirt (30) Days before the
Conversion Date for Iike-for-Iike, where CLEC mirrors their existing circuit design
from the old Switch or frame to the new Switch òr frame, and sixty (60) Days
before the Conversion Date for addition of trunk capacity or modification of circuit
characteristics (Le., change of AMI to 88ZS).
12.3.24.5 Frame Embargo Period. During frame conversions, serVice orders and
ASRs shall be subject to an embargo period for services and facilties connected to the
affected frame. For conversion of trunks where CLEC mirrors their existirig circuit
design from the old frame to the new fràme on a Iike-for-Iike basis, such embargo period
shall extend from thirt (30) Days prior to the Conversic;m Date until five (5) Days after
the Conversion Date. If CLEC requests the addition of trunk capacity or modification of
circuit characteristics (Le., change of AMI to 88ZS) to the new frame, new facilty ASRs
shall be placed, and the embargo period shall extend from sixt (60) Days prior to the
Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an
embargo period, Qwest shall identify the particular dates and locations for frame
conversion embargo periods in its ICONN database in substantially the same time and
manner as Qwest notifies itself, its End User Customers, Affilates, or any other part.
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12.3.24.6 Switch Embargo Period. During Switch conversions, servce orders and
ASRs shall be subject to an embargo period for services and facilties associated with
the Trunk Side of the Switch. For conversion of trunks where CLEC mirrors their
existing circuit design from the old Switch to the new Switch on a Iike-for-Iike basis, such
embargo period shall extend from thirt (30) Days prior to the Conversion Date until five
(5) Days after the Conversion Date. If CLEC requests the addition of trunk capacity or .
modification of circuit characteristics to the new Switch, new facilty ASRs shall be
placed, and the embargo .period shall extend from sixt (60) Days prior to the
Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an
embargo period, Qwest shall identif the particular dates and locations for Switch
conversion embargo periods in its ICONN database in substantially the same time and
manner as Qwest notifies itself, its End User Customers, Affliates, or any other part.
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 will be handled
as set forth below, with the understanding that Owest shall use its best efforts to
avoid the loss of End User Customer service. Such best efforts shall be
substantially the same time and manner as Qwest uses for itself, its End User
Customers, its Affliates, or any other part.
12.3.24.7.2 The quiet period for Switch conversions, where no LSRs except
those requesting order activity described in 12.3.24.7 are processed for the
affected location, extends from five (5) Days prior to Conversion until two (2)
Days after the conversion and is identified in the ICONN database.
12.3.24.7.3 The quiet period for frame conversions, where ho LSRs except
those requesting order activit 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, will be processed after the quiet
period expires.
12.3.24.7.6 CLEC may request a Due Date change to a LNP related
disconnect scheduled during quiet periods up to 12:00 noon Mountain Time the
Day prior to the scheduled LSR Due Date. Such changes shall be requested by
issuing a supplemental LSR requesting a Due Date change. Such changes shall
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12.3.24.7.7 CLEC may request a Due Date change to a LNP related
disconnect order scheduled during quiet periods after 12:00 noon Mountain Time
the Day prior to the scheduled LSR Due Date until 12 noon Mountain Time the
Day after the scheduled LSR Due Date. Such changes shall be requested by
issuing a supplemental LSR requesting a Due Date change and contacting the
Interconnect Service Center. Such changes shall be handled as emergency
orders by Qwest.
12.3.24.7.8 In the event that CLEC End User Customer service is
disconnected in error, Qwest wil restore service in substantially the same time
and manner as Qwest does for itself, its End User Customers, its Affliates, or
any other part. Restoration of CLEC End User Customer service wil be
handled through the LNP escalations process.
12.3.24.8 Switch Upgrades. Generic Switch softare and hardware upgrades are
not subject to the Switch conversion embargoes or quiet periods described above. If
such generic Switch or softare upgrades require significant activity related to
translations, an abbreviated embargo and/or quiet period may be required. Qwest shall
implement service order embargoes and/or quiet periods during Switch upgrades in
substantially the same time and manner as Qwest does for itself, its End User
Customers, its Affilates, and any other part.
12.3.24.9 Switch Line and Trunk Hardware Additions. Qwest shall use its best
efforts to minimize CLEC service order impacts due to hardware additions and
modifications to Qwests existing Switches. Qwest shall provide CLEC substantially the
same service order processing capabilties as Qwest provides itself, its End User
Customers, Affilates, or any other part during such Switch hardware additions.
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Section 13
Access to Telephone Numbers
Section 13.0 - ACCESS TO TELEPHONE NUMBERS
13.1 Nothing in this Agreement shall be construed in any manner to limit or otherwise
adversely impact either Part's right to request an assignment of any NANP number resources
including, but not limited to, Central Ofce (NXX) Codes pursuant to the Central Offce Code
Assignment Guidelines published by the Industry Numbering Committee (INC) as INC 95-0407-
008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling Administration
Guidelines INC 99-0127-023, when these Guidelines are implemented by the FCC or
Commission Order. The latest version of the Guidelines 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 Part to program and update its own
Switches and network systems pursuant to the Local Exchange Routing Guide (LERG) to
recognize and route traffq to the other Part's assigned NXX or NXX-X codes. Neither Part
shall impose any fees or charges on the other Part for such activities. The Parties wil
cooperate to establish procedures to ensure the timely activation of NXX assignments in their
respective networks.
13.4 Each Part is responsible for administering numbering resources assigned to it.
Each Part wil cooperate to timely rectify inaccuracies in its LERG data. Each Party will
maintain/revise the LERG to reflect current homing arrangements, which includes subtending
arrangements for local and access tandems. Each Part is responsible for updating the LERG
data for NXX codes assigned to its End Ofce Switches. Each Part 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 Part shall be responsible for notifying its End User Customers of any
changes in numbering or dialing arrangements to include changes such as the introduction of
new NPAs.
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Section 14
Local Dialing 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 will provide local Dialing Parity to competing providers of
Telephone Exchange Service and telephone toll service, and wil permit all such providers to
have non-discriminatory access to telephone numbers, operator services, Directory Assistance,
and Directory Listings, with no unreasonable dialing delays. CLEC may elect to route all of its
End User Customers' calls in the same manner as Qwest routes its End User Customers' calls,
for a given call type (e.g., 0, 0+,1+,411).
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Secton 15
Qwests Offcial Direry 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 wil be the subject of negotiations between CLEC and
directory publishers, including Qwests Ofcial Directory Publisher. Qwest acknowledges that
CLEC may request Qwest to faciltate discussions between CLEC and Qwests Official Directory
Publisher.
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Referral Announcement
Section 16.0 . REFERRAL ANNOUNCEMENT
16.1 When an End User Customer changes from Qwest to CLEC, or from CLEC to
Qwest, and does not retain its original main/listed telephone number, the Part formerly
providing service to the End User Customer wil provide a transfer of service announcement on
the abandoned telephone number. Each Part wil provide this referral service consistent with
its tariff. This announcement wil provide details on the new number that must be dialed to
reach the End User Customer.
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Section 17
Bona Fide Request Process
Section 17.0 - BONA FIDE REQUEST PROCESS
17.1 Any request for Interconnection or access to an Unbundled Network Element or
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, Tarif 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 feasibilty of
new/different points of Interconnection. Qwest will administer the BFR Process in a non-
discriminatory manner.
17.2 A BFR shall be submitted in writing and on the appropriate Qwest form for BFRs.
CLEC and Qwest may work together to prepare the BFR form and either Part may request that
such coordilJation 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
shaU 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 twnty-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.
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Section 17
Bona Fide Request Process
17.6 If Qwest determines duling such twenty-one (21) Day period that the BFR
qualifies under the Act or state law, it shall notify GLEG in writing of such determination within
ten (10) Days, but in no case later than the end of such twenty-one (21) Day period.
17.7 As soon as feasible, but in any case within forty-five (45) Days after Qwest notifies
GLEG that the BFR qualifies under the Act, Qwest shall provide to GLEG a BFR quotation. The
, BFR quotation wil include, at a minimum, a description of each Interconnection, Network
Element, and ancillary service, the quantity to be provided, any interface specifications, and the
applicable rates (recurring and nonrecurring) including the separately stated development costs
and construction charges of the Interconnection, Unbundled Network Element or ancilary
service and any minimum volume and term commitments required, and the timeframes the
request wil be provisioned.
17.8 GLEG has sixt (60) business days upon receipt of the BFR quotation, to either
agree to purchase under the quoted price, or cancel its BFR.
17.9 If GLEG has agreed to minimum volume and term commitments under the
preceding paragraph, GLEG may cancel the BFR or volume and term commitment at any time,
but may be subject to termination liabilty assessment or minimum period charges.
17.10 If either Part believes that the other 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 Part to another
under this Section are maximum time intervals. Each Party agrees that it wil provide all
responses to the other Part as soon as the Part has the information and analysis required to
respond, even if the time interval stated herein for a response is not over.
17.12 In the event GLEG has submitted a request for Interconnection, Unbundled
Network Elements or any combinations thereof, or 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 GLEe shall not be subject to
the BFR process. To the extent Qwest has deployed or denied a substantially similar
Interconnection, Unbundled Network Elements or combinations thereof or ancillary services
under a previous BFR, a subsequent BFR shall not be required and the BFR application fee
shall be refunded immediately. Qwest may only require GLEG to complete a New Product
Questionnaire before ordering such Interconnection, Unbundled Network Elements or
combinations thereof, or ancilary services. 1GB pricing and intervals wil 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 GLEG shall not exceed the BFR quoted price.
17.14 Upon request, Qwest shall provide GLEG with Qwests supporting cost data
and/or studies for the Interconnection, Unbundled Network Element or ancilary service that
GLEG wishes to order within seven (7) business days, except where Qwest cannot obtain a
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Section 17
Bona Fide Request Process
release from its vendors within seven (7) business days, in which case Qwest wil make the data
available as soon as Qwest receives the vendor release. Such cost data shall be treated as
Confidential Information, if requested by Qwest under the non-disclosure sections of this
Agreement.
17.15 Qwest wil provide notice to CLECs of all BFRs which have been deployed or
denied, provided, however, that identifing information such as the name of the requesting
CLEC and the location of the request shall be removed. Qwest shall make avaUable a topical
list of the BFRs that it has received from CLECs. The description of each item on that list shall
be sufficient to allow CLEC to understand the general nature of the product, service, or
combination thereof that has been requested and a summary of the disposition of the request as
soon as it is made. Qwest shall also be required upon the request of CLEC to provide sufficient
details about the terms and conditions of any granted requests to allow CLEC to take the same
offering under substantially identical circumstances. Qwest shall not be required to provide
information about the request initially made by CLEC whose BFR was granted, but must make
available the same kinds of information about what it offered in response to the BFR as it does
for other products or services available under this Agreement. CLEC shall be entitled to the
same offering terms and conditions made under any granted BFR, provided that Qwest may
require the use of ICB pricing where it makes a demonstration to CLEC of the need therefore.
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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 offce systems and databases
pertaining to Loop information.
18.1.2 "Examination" shall mean an inquiry into a specific element or process
related to the above. Commencing on the Effective Date of this Agreement, either Part
may perform Examinations as either Part deems necessary.
18.2 This Audit shall take place under the following conditions:
18.2.1 Either Party may request to perform an Audit or Examination.
18.2.2 The Audit or Examination shall occur upon thirt (30) business days
written notice by the requesting Part to the non-requesting Part.
18.2.3 The Audit or Examination shall occur during normal business hours.
However r such Audit wil be conducted in a commercially reasonable manner and both
Parties wil work to minimize disruption to the business operations of the Part being
audited.
18.2.4 There shall be no more than two (2) Audits requested by each Part
under this Agreement in any twelve (12) month period. Either 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 Part may review the non-requesting Part's records,
books and documents, as may reasonably contain information relevant to the operation
of this Agreement.
18.2.6 The location of the Audit or Examination shall be the location where the
requested records, books and documents are retained in the normal course of business.
18.2.7 All transactions under this Agreement which are over twenty-four (24)
months prior to the date of request wil be considered accepted and no longer subject to
Audit. In the event an audit is initiated, the Parties agree to retain records of all
transactions under this Agreement for at least twenty-four (24) months
and all subsequent transactions will also be subject to audit.
18.2.8 Audit or Examination Expenses
18.2.8.1 Each Part shall bear its own expenses in connection with
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Section 18
Audit Process
conduct of the Audit or Examination. The requesting Part wil pay for the
reasonable cost of special data extractons required by the Party to conduct the
Audit or Examination. For purposes of this section, a "Special Data Extraction"
means the creation of an output record or informational report (from existing data
files) that is not created in the normal course of business. If any program is
developed to the requesting Part's specifcation and at that Party's expense, the
requesting Part will specify at the time of request whether the program is to be
retained by the other Part 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 Part's commercially reasonable expenses in the event
an Audit or Examination identifes a difference between the amount biled and the
amount determined by the Audit that exceeds five percent (5%) of the amount
biled and results in a refund and/or reduction in the Biling to the requesting
Part.
18.2.9 The Part requesting the Audit may request that an Audit be conducted
by a mutually agreed-to independent auditor, which agreement will not be unreasonably
withheld or delayed by the non-requesting Part. Under this circumstance, the costs of
the independent auditor shall be paid for by the Part requesting the Audit subject to
Section 18.2.8.2.
1,8.2.10 In the event that the non-requesting Party requests that the Audit be
performed by an independent auditor, the Parties shall mutually agree to the selection of
the independent auditor. Under this circumstance, the costs of the independent auditor
shall be shared equally by the Parties. The portion of this expense borne by the
requesting Part shall be borne by the non-requesting Part if the terms of Section
18.2.8.2 are satisfied.
18.2.11 Adjustments, credits or payments wil be made and any corrective action
must commeACe within thirt (30) Days after the Parties' receipt of the final Audit report
to compensate for any errors and omissions which are disclosed by such Audit or
Examination and are agreed to by the Parties. The interest rate payable shall be in
accordance with Commission requirements. In the event that any of the following
circumstances occur within thirt (30) business days after completion of the Audit or
Examination, they may be resolved at either Part'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 orotherwise. . " . ."
18.2.13 This Section wil survive expiration or termination of this Agreement for a
period of two (2) years after expiration or termination of the Agreement.
18.3 All information received or reviewed by the requesting Part 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-
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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 Part.
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 Part, to insure the protection of
the proprietary nature of information of other competitors. To the extent a competitor is an
Affliate of the Part being audited (including itself and its subsidiaries), the Parties shall be
allowed to examine such Affilate's disaggregated data, as required by reasonable needs of the
Audit. Information provided in an Audit or Examination may only be reviewed by individuals with
a need to know such information for purposes of this Section 18 and who are bound by the
nondisclosure obligations set forth in Section 5.16. In no case shall the Confidential Information
. be shared with the Parties' retail marketing, sales or strategic planning.
18.3.1 Either Part may request an Audit of the other's compliance with this
Agreement's measures and requirements applicable to limitations on the distribution,
maintenance, and use of proprietary or other protected information that the requesting
Part has provided to the other. Those Audits shall not take place more frequently than
once in every three (3) years, unless cause is shown to support a specifically requested
Audit that would otherwise violate this frequency restriction. Examinations wil not be
permitted in connection with investigating or testing such compliance. All those other
provisions of this Section 18 that are not inconsistent herewith shall apply, except that in
the case of these Audits, the Part to be audited may also request the use of an
independent auditor.
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Section 19
Constructon Charges
Section 19.0 - CONSTRUCTION CHARGES
19.1 All rates, charges and initial service periods specifed in this Agreement
contemplate the provision of network Interconnection services and access to Unbundled Loops
or ancilary services to the extent existing facilties are available. Except for modifications to
existing facilties necessary to accommodate Interconnection and access to Unbundled Loops
or ancillary services specifically provided for in this Agreement, Qwest wil consider requests to
build additional or further facilties for network Interconnection and access to Unbundled Loops
or ancilary services, as described in the applicable section of this Agreement.
19.2 All necessary construction wil be undertaken at the discretion of Qwest,
consistent with budgetary responsibilties, consideration for the impact on the general body of
End User Customers and without discnmination 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 pnce and construction wil commence after
receipt of payment. If CLEC chooses not to have Qwest construct the facilities, Qwest reserves
the nght to bill CLEC for the expense incurred for producing the engineered job design.
19.4 In the event a construction charge is applicable, CLEC's service Application Date
wil become the date upon which Qwest receives the required payment.
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Service Perfrmance
Section 20.0 - SERVICE PERFORMANCE
20.1 Performance Indicator Definitions (PIDs), in their current form are included in
Exhibit B of this Agreement. Subsequent changes to these PIDs submitted to the Commission
shall be incorporated into Exhibit B as soon às they are effective either by operation of law or
Commission order, whichever occurs first and without further Amendment to this Agreement.
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Section 21
Netwrk Standards
Section 21.0 - NETWORK STANDARDS
21.1 The Parties recognize that Qwest services and Network Elements have been
purchased and deployed, over time, to Telcordia and Qwest technical standards. Specification
of standards is built into the Qwest purchasing process, whereby vendors incorporate such
standards into the equipment Qwest purchases. Qwest supplements generally held industry
standards with Qwest Technical Publications.
21.2 The Parties recognize that equipment vendors may manufacture
Telecommunications equipment that does not fully incorporate and may differ from industry
standards at varying points in time (due to standards development processes and consensus)
and either Part may have such equipment in place within its network. Except where otherwise
explicitly stated within this Agreement, such equipment is acceptable to the Parties, provided
said equipment does not pose a security, service or safety hazard to Persons or propert.
21.3 Generally accepted and developed industry standards which the Parties agree to
support include, but are not limited to:
21.3.1 Switching
GR-1428-CORE Common Channel Signaling (CCS) 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 ISDN UP
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 Accss Service
TR-NWT -000335 Voice Grade Special Access Services
GR,;529-CORE LSSGR Public Safety
GR-505-CORE Call Processing
FR-NWT-000271 Operator Services Systems Generic Requirements (OSSGR)
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Section 21
Network Standards
GR-1156-CORE OSSGR Section 21: Operator Subsystems
SR-1171 Methods and Procedures for System Reliabilty Analysis
21.3.2 Transport
FR-440 Transport System Generic Requirements (TSGR)
GR-499-CORE Transport Systems Generic Requirements (TSGR): Common
Requirements
GR-820-CORE Generic Transmission Surveilance; DS1 and DS3 Performance
GR-253-CORE Synchronous Optical Network (SONET) Transport Systems:
Common Generic Criteria
GR-507-CORE LSSGR: Transmission, Section 7
TR-NWT-000776 NID for ISDN Subscriber Access
GR~342-CORE High C~pacity Digital Special Access Service Transmission
Perimeter Limits and Interface Combinations '
ST-TEC-000051 & 52 Telecommunications Transmission Engineering
Handbooks Vòlumes 1 & 2
ANSI T1.1 02-1993 Digital Hierarchy - Electrical Interface, Annex B
21.3.3 Loops
GR-57 -CORE Functional Criteria for Digital Loop Carrier (DLC) Systems
TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital
Subscriber Lines
GR-253-CORE SONET Transport Systems: Common Generic Criteria
GR-303-CORE Integrated Digital Loop 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 BuildingEntrance Terminals (BETs) .
TR-NW-000133 Generic Requirements for Network Inside Wiring
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Section 21
Network Standards
ANSI n.417, Spectrum Management for Loop Transmission Systems
21.3.4 Local Number Portabilty
Number Portability Generic Switching and Signaling Requirements for Number
Portabilty, Issue 1.00, February 12,1996 (Editor- Lucent Technologies, Inc.);
Generic Requirements for SCP Application and GTI Function for Number
Portabilty, Issue 0.95, Final Draft, September 4, 1996 (Editor - Ameritech Inc.);
Generic Operator Services Switching Requirements for Number Portabilty, 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 Portabilty Switching
Systems, April 1999;
ATIS, TRQ No.3, Technical Requirements for Number Portability Database and
Global Title Translation, April 1999;
FCC First Report and Order and Further Notice of Proposed Rulemaking; FCC
96-286; CC Docket 95-116, RM 8535; Released July 2, 1996;
FCC First Memorandum Opinion and Order on Reconsideration; FCC 97-74; CC
Docket 95-116, RM 8535; Released March 11, 1997.
FCC Second Report and Order, FCC 97-298; CC Docket 95-116, RM8535;
Released August 18, 1997.
21.4 The Parties will cooperate in the development of national standards for
Interconnection elements as the competitive environment evolves. Recognizing that there are
no current national standards for Interconnection Network Elements, Qwest has developed its
own standards for some Network Elements. Details of these standards are documented in the
Qwest Technical Publications. Qwest Technical Publications have been developed to support
service offerings, inform End User Customers and suppliers, and promote engineering
consistency and deployment of developing technologies. Qwest provides all of its Technical
Publications at no charge via web site: http://ww.qwest.comltechpub/.
Feb 1, 2011/cacliMacTeIlID/ Agreement Number CDS-110201-0001
Qwest Fourteen State Negotiations Template, July 15, 2010
315
..~."?"..
\C~:~,::')""::~'-~
~:~..
OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878.
.."'X!t,\
0~~':'i.'......,/
..'-~
Secton 22
Signature Page
Section 22.0 - SIGNATURE PAGE
By signing below, and in consideration of the mutual promises set forth herein, and other good
and valuable consideration, the Parties agree to abide by the terms and conditions set forth in
this Interconnection Agreement.
WiMacTel, Inc.Qwest Corporation
Q~~J:~~06~L ~~-~_.:i::=7:risWSignatureSignature
James MacKenzie
Name PrintedlTyped
L. T. Christensen
Name PnntedlTyped
CEO
Title
Director - Wholesale Contracts
Title
2/13/2011 2/14/2011
Date Date
Feb 1, 2011/cacJiMacTel/ID/ Agreement Number CDS-110201-Q001 '
Qwest Fourteen State Negotiations Template, July 15,2010
316
OocSlgn Enelop 10: S285601-eSB-55F.1DFFSE17A88
.ExibltA
Idaho
WiMacTeI, Inc,
Select Traffc Type EAS I Local Traffc
(
Recipraal Compensation
lecton"".,,,,""',Nots
6.0 Resale Wholesale Wholesale
Discnt DiscountPergePercentage
Recl.ng Nonrerrng
Charoes Charoes
6.1 Wholesale Discount Rate
6.1,1 Souther Idaho
6,1.1.1 Basic Exchanoe Residential Line Service 1825%18;25%B B
6,1,1.2 Basic Exchani:e Business Une Service 18,25%18,25%B B6,1.,3 IntLATA Toll 18,25%18,25%B B
6,1.1.4 Packi:e I Soecal Services e,o., Cen Discnted UneiFeature Packoes ISDN,18,25%18,25%B B
6.1,1,5 Listni:s, CO Features & Infnnation Services .18,25%18,25%B B
6.1,1,6 Private Line 18,25%18,25%B B
6.1.1,7 Ooertor Services I Directrv Assist OS/DAl 18,25%18.25%B B
6,1.1,8 Volume Packai:ed Service - Hii:h Volume Customers 6,65%6,65%B B
6,1.1.9 Public Accss Line ¡PAL Serice 0,00%0.00%B B
6.1,2 Nortem Idaho
6.12.1 Basic Exchani:e Residental Une Seice 19.37%19,37%B B
6,1.2.2 Basic Exchanoe Business Une Serice I PBX 19.37%-19.37%B B
6.1,2,3 IntrLATA Toll 19,37%19.37%B B
6,1.2.4 Packaie I Soecal Servces e.i:" Centrx Discunted Line/Feature Packaoes, ISDN 19,37%19,37%B B
6,1.2,5 Listinos, CO Features & Infation Services 19,37%19,37%B B
6,1,2,6 Private Line 19,37%19,37%B B
6,1,2,7 Ooerr Servces I Directorv Assistnce OSIDAI 19,37%19,37%B B
6,1.2,8 Volume Packaoed Service - Hii:h Volume Customers 6.87%6,87%B B
6,1.2,9 Public Accss Une PAL Serice 0.00%0,00%B B
6.2 Customer Transfer Charie ierc
6,2,1 CTC for POTS Serice
6,2,1,1 Manual
6,2,1.1,1'First Line $16.22 B
6,2,1.1,2 Each Additional Une $2,27 B
6.2,1,2 Mecanized
6,2,1.2,1 First Line $0,63 B
6.2,1,2,2 Each Additional Line $0.12 B
6,2,2 CTC for Private Una Transoor Servce
6,2,2.1 IFirst Circit $38,84 B
6,2,2.2 IAdditonal Circuit. DBr Circuit, same CSR $33,50 B
6,2,3 CTC for Adanced Communications Services, DBr Circit $46,81 B
7,Ollnterconnecion .
7.1 Entrce Facilities
7,1.1 Intenlonallv Left Blank
7,1,2 DS1 $103,61 $208,34 B B
7,1,3 DS3 .$524,42 $27773 B B
7.2 LIS EICT
7.2,1 PerDS1 $0,00 $0,00 B .B
7,2,2 PerDS3 $0,00 $0,00 B B
7.3 Direct Trunked TrnsDort
7,3,1 Intentonallv Left Blank
7,3,2 OS1 IRecunino Fixed & DBr Mile
7.3.2,1 Over 0 to 8 Miles $37,35 $1.25 B B
7,3,2,2 Over 8 to 25 Miles $37,35 $1,82 B B
7,3,2.3 Over 25 to 50 Miles $37,35 $1.89 B B
7,3.2,4 Over 50 Miles $37,35 $1,90 B B
7,3,3 DS3 (Reunini: Fixed & oar Mile
7,3,3.1 Over 0 to 8 Miles $257.18 $19,48 B B
7,3,3.2 Over 8 to 25 Miles $260.49 $24,24 B B
7,3,3,3 Over 25 to 50 Miles $260,77 $26.3 B B
7.3,3.4 Over 50 Miles $259,32 $26,35 B B
7.4 MultiDlexlna
7.4,1 DS1toDSO $263,86 $193,30 B B
7,4,2 DS3toDS1 $304,22 $193,30 B B
7,5 Trunk Nonreurrlna Charaes
7,5,1 Intenionallv Left Blank
¿i~tf~g~~~1
7,5,2 OS 1 Interfce
7,5,2,1 First Trunk $229,40 B
'':-:';;:7,;j 7,5,2,2 Each Additional Trunk $5.46 B
I 7,5,3 DS31ntrface.CDS-110201-oo01
Effecve 12129/08 (COMA)Page 1 of 12
DoSlgn Envelope ID: 6285D1-e5F-1DFF6E17A878
Exibit A
Idaho
WIMaTeI, Inc .
;
7,5,3.1 Firs Trunk $235,71 B ;"
I I 17,5,3,2 lEach Additional Trunk $11,78 B
.
7.6 Exchanoe SeMce EAS/Locall Traffc
7,6,1 End Ofce Call Tennination, per Minue of Use $0.001343 ##
7.6.2 Tandem Swtched Trasoor, oer Minute of Use $0.00690 #
7.6,3 Tandem Transmission, oer Minut of Use Recurrna Fixed & oer Mile
7,6,3,1 Over 0 to 8 Miles $0,0004564 $0,0000367 B B
7,6,3.2 Over 8 to 25 Miles $0.000464 $0,0000367 B B
7,6,3.3 Over 25 to 50 Miles $0.0004564 $0,000367 B B
7,6,3.4 Over 50 Miles '$0,000426 $0.0000144 B B
.
I 7.71Locl Traffc - FCC -ISP Ra CaDS
I 17.7,1 Mlnute.Of Use as of June 14, 2003, rae in ef until furt FCC actn $0,0007 '5
7.8 Miscellaneous Charaes
7,8,1 Exdite Charge (LIS Trunks)Qwest's
Idaho Acss
Service
Catalog
7,8,2 Cancellation Charge (LIS Trunk)Qwest's
Idaho Acce
Serce
Catalog
7,8.3 Additional Tesng (LIS Trunks)Qwst's
Idaho Acss
Service
Catalog
7.9 Transit Traffc
7.9,1 Local & IntLATA Toll Transit, Der Minute of Use $0,00 2,13
7.9,2 Intentnallv Lef Blank
7.9,3 Intentonallv Left Blank
7.9,4 Cateoorv 11 Mechanized Recrd Charae. oer Recrd
7,9.4,1 Mechanized Transit Recrds $0,0025 2,13
7.10 JointlY Provided Switched Ac Serce
7,10.1 Mechanize Accs Recrds.$0,0014877 B
7.11 IntraLATA Toll Traffc Qwests Idaho Qwesl's Idao /
Accss Acss
Service Servce
Cataloa Cataoa
8.0 Collocation
8.1 All Collocation
8,1,1 Plannina and Enaineerna
8,1.1,1 Intntonallv Lef Blank
8,1,1,2 Ceble Auamen Quote Preoera Fee $1,264,30 B
8.1,2 Entrnc facilitv
8,1,2,1 Standar Share. oa Aber $5.44 $616.32 B B
8.1,2,2 Crass Conect Der Fiber $5,56 $722,65 B B
8,1,2.3 I Exre, oar Cable $88,19 $9,009,73 B B
8,1.3 Cable Salicino
8,1.3,1 Fibe. oa Se-UD $399,93 B
8,1.3,2 Per Abe Soliced $37,15 B
8,1,4 Power
8,1,4,1 Pow Plan
8,1.4,1.1 Les Than 60 AmOl. Der AmD Orer $10.64 B
8,1.4.1.2 Eoual To or Greer Than 60 Amos, oe Ama 0n $8,42 B
8,1,4,2 Power Usaoe .
8,1,4,2.1 Les Than or Eaual To 60 Amps, oa AmD Order $2,47 B
8,1.4,2,2 Grer Than 60 Ams. Der Am Orre or Use $4,93 B
8,1.5 AC Pow Feed
8,1.5,1 AC Power Fee, oa AmD. oa Morth
8,1,5,1,1 120V $16,09 B
8,1.5,1,2 208 V. Sinale Phase $2,89 B
8,1,5,1,3 208 V Th Phase $4,25 B
8,1,5,1,4 240 V Sinale Phase $32,19 B
8,1,5,1,5 240 V Three Phase $55,68 B
8,1,5,1.6 480 V Three Phase $111.35 B
8.1.5,2 AC Power Fee. Dar Fool oa Month
8,1,5,2,1 20 AmD. Sinole Phase $0,00 $7.43 B
8,1,5,2,2 20 AmD, Thre Phas $0.Q05 $9,22 B ~~i~~:, 'Y
8,1,5.2,3 30 Amo, Sinole Phase $0.0091 58.02 B B
CDS-110201-0001
Effectve 12129/08 (COMA)
.
Page 2 of 12
DoSign Envelop 10: S28561-GESB-S2A55F.10FFSE17A878.ExibitA
Idaho
WiMacTeI,lnc,
8,1,5.2.4 30 Amo. Three Phase $0.0125 $11.01 a a
8.1.5.2,5 40 Aro, Sinale Phase $0.0107 $9.43 a a
8,1.5,2,6 40 Aro. Three Phase $0.0147 $12.97 a a
8,1.5,2,7 50 Aro. Sinale Phase $0,0127 $11,18 a a
8,1,5,2,8 50 Amo. Thre Phase $0,0177 $15,61 a a
8,1,5,2,9 60 Amo. Sinale Phase $0,0144 $12,64 a a
8,1,5,2.10 60 Ara, Thre Phas $0,0204 $17,97 a a
8.1,5.2,11 100 Aro, Sinale Phase $0,0178 $15.68 a a
8,1.5,2.12 100 Aro, Thre Phase $O,02n $24,44 a a
8.1.6 Insoecr Labo. oer Half Hour
8,1.6.1 Reouler Hours Rae $28,25 a
8.1.6,2 After Hour Rate, minimum 3 Hours $37,88 a
8,1.7 Channel R eneration
8,1,7.1 oS1 $0.00 $0,00 6 6
8,1,7.2 OS3 $0.00 $0.00 6 6
8.1.8 Collo.cation Terinations
8,1,8.1 Share Acces
8,1,8,1,1 OSC
8.1,8,1.1.1 Cable Placement, Der 100 Pair aioc $0,2262 $208,61 a a
8.1,8,1.1,2 Cable Placeent Der Terminaton $0,0090 $4,12 a a
8,1,8,1,1,3 Cable, oer 100 Pair alock $0,3304 $304,71 a a
8.1,8,1.1,4 Cable. oer Termination $0,0066 $4,50 a a
8,1.8.1,1,5 aioc. Der 100 Pair alock $0,5730 $528.2 a a
8,1.8.1,1,6 Blcks oer Terination $0,0115 $8,62 a a
8,1.8,1.1,7 aiock Placet. oer 100 Pair aiock $0.2381 $219,55 a a
8,1,8,1.1.8 alock Placement Der Termination $0.0048 $3,69 a a
8,1.8,1.2 OS1 ,
8,1.8,1.2.1 Cable Placement Der 28 oS1s $0.4111 $362.14 a a
8,1,8,1,2,2 Cable Piacement Der Termination $0,0442 $38,94 a a
8,1,8,1.2,3 Cable. oer 28 oS1s $0,3993 $351,74 a a
8,1,8,1,2.4 Cable. oer Termination $0,0429 $37,82 a a
8,1,8,1,2,5 Panel, Der 28 OS1 s $0,2742 $241,59 a a
8,1,8,1,2.6 Panel, per Termination $0.0330 $29.04 a a
8.1,8,1,2.7 Panel Placement. oer 28 OS 1 s $0.0847 $74,58 a a
8.1,8,1.2,8 Panel Placement per Termination $0.091 $8.02 a a
8,1,8,1,3 oS3 .
8,1,8,1.3,1 Cable Placement oar Terminaton $0,1521 $134.00 a a
8,1,8.1.3,2 Cable, per Termination $0,2578 $227,14 a a
8,1,8,1,3,3 Panel / Connec, oer Termination $0,2625 $231,21 a a
8,1.8,1,3,4 Panel / Connecr Placemen. oer Terination $0,0204 $18,01 a a
8,1,8.1.4 Fiber
8,1,8.1.4.1 Terminations, _12 Fibers $26.24 $1,513,88 a a
8,1.8,1.4.2 Additional Connecr If Aoolicable $0.47 $411.65 a a
8.1,8.1.4,3 Cable Racklno. Share. oer 12 Fibe $26,47 a
8.1,8,1.4.4 Cable Rackina, Deicated $1,63 $1,433,96 a a
8,1.9 Securllv Charaes .
8.1.9.1 IPer Emolovee, _ Caro $0,86 a
8.1,9,2 ICaro Acss, oer Emolovee, per Central Ofce $7,00 a
8,1,10 Comooslte Cloc / Cenl Ofce Svnchronization
8,1,10,1 ISynchronization - Comoosite Cloc, per Port $7,44 a
8,1,11 Intentonallv Left alank
8,1,12 Soace Availabillv Reoort Charoe $313,63 a
8,1.13 Coloction Space Reservtion Fee Charge will
be 25% of
Nonrerrng
Fee
8.1.14 Colloction Soace Ootlon Administtion Fee $1107,35 a
8.1,15 Collocation Soce Ootion Fee. oar Souare Foot $2,00 a
8,1.16 Joint invenrv Visit Fee. oer Visit $1610,12 12
8,1.17 IntentionallY Left alank
8.1,18 Intentlonallv Lef alank
8,1,19 IntentionallY Left Blank
8,1,20 Solittr Collocation
8.1,20,1 TIE Cable Recassifcation ica 3
8.1,20.2 Solitler Shel Charae $4.15 $503,72 1 1
8.1,20,3 Enaineerna $1079,85 a
8.1,20.4 Solltt TIE Cable Connecons
8,1,20,4.1 SoIlttr In the Common Area - Data to 410 alock $3,05 $2689,07 a a
8,1,20,4,2 Solittr in the Commo Ara - Data Dire to CLEC $3,24 $2,85,97 a a
8,1,20,4,3 SDlitter on the loF - Dat to 410 aioc $0.95 $834,92 a a
8,1,20.4,4 Solittr on the loF . Data Dire to CLEC $1,84 $1623.47 a a
8,1,20,4,5 Solltt on the MoF . Data to 410 aioc $0,98 $861.91 a .a
8,1,20.4,6 Solitt on the MoF . Data Direct to CLEC $2,18 $1922,42 a a
8,1,20.5 Solltler Charoe ica 3
8,1,21 Miscllaneos Charaes
~:ffri~;
8,1,21.1 Maintenance Labor, _ Half Hour see rate in 8.2,2\
8,1,21.1,1 i Reoular Hours Rate $29,01 15
_:'",.,Y 8,1,21.1,2 IAfter Hours Rate $39,00 15
8,1,21.2 Enaineena Labor. oer Half Hour see rates in 8,2,5\.COS-110201-C001
Effecve 12129/08 (COMA)Page 3 of 12
DocSlgn enelop.ID: 6265681-GE855F-1DFF6E17A878
Exhibit A
idaho
WiMacTeI, inc,.
8.1.21.2.1 ReoularHours Rate 2.94 15
8.1.21,2.2 IAfter Hours Rate $43,31 15
8.1.21.3 Installation Labor. Dar Haif Hour se rate in 8.2,6\
8,1.21,3,1 IRlluiar Hours Rate $31.77 15
8,1,21,3,2 iAft Hours Rate $41.32 15
8.2 Virtal Collocation
8,2,1 Plannino and Enoineerino
8,2,1.1 IQuot Preoaration Fee $3,146.41 B,7
8.2,2 Maintenance Labor, oa Half Hour
8,2,2,1 i Reoular Hours Rate $29,01 B
8,2,2,2 IAfter Hours Rate $39,00 B
8,2.3 Trainina Labor, Dar Half Hour
8.2.3.1 I Recular Hours Rate $29,01 B
8.2,4 Bav Soace
8.2.4.1 Eouioment Bav, Dar Shelf $4,17 B
8.2.4,2 Virtl Soace Constcton, Initial Bav Provided $20,15 $17,749.07 B B
8.2.4.3 Each Additional Bay Space $3,24 $2,854.33 B B
8,2.4.4 Virtal Cable Rackno. oer Shelf $0,44 $384.59 B B
8.2,5 Enaineerin Labor, per Haif Hour
8,2,5,1 Reoular Hours Rate $32,94 B
8,2,5,2 After Hours Rate $43,31 B
8.2.6 Installation Labor, per Half Hour
8,2,6.1 I Recular Hours Rate $31,77 B
8.2.6.2 IAft Hour Rate $41.32 B
8,2.7 Rent
8,2,7,1 I Floo Soace Leas, per Sauare Foot $2,70 B
8,2,7,2 i Rent, oa Shelf $4.05 B
8,2,8 Intentonally Left Blank
8,2,9 -48 Volt DC Power Cable, oer Cable
8.2.9.1 20 Amo Power Fee $4.52 $398.41 B B
8,2.9,2 30 Amp Power Fee $5,15 $4537.67 B B
8.2.9.3 40 Amp Power Feed $6,22 $5,80.42 B B
8,2.9.4 60 Amo Power Fee $11,02 $9706,03 B B
8,2,9.5 100 Amo Power Fee $18.58 $16370,51 B B
8.2,9.6 200 Amp Power Feed $34.59 $30473.53 B B
8,2,9,7 300 Amo Power Fee $54.39 $47,917,87 B B
8,2,9.8 400 Amo Power Feed $77,23 $68037,02 B
8.3 Cao.les Pliyslcal Collocation
8,3.1 Plannina and Enoineerino
8,3,1.1 Quote Prearation Fee $3146.41 B 7
8,3.2 Soace Constructon and Site PreDaration
8,3,2.1 Site PreDaration Fee ICB 3
8,3,2,2 Space Constion for 2 Bavs $23,39 $20603.40 B B
8,3,2,3 Intentionalv Lef Blank
8,3,2.4 Intntionallv Lef Blank
8,3,2~5 Each Additional Bav $3,24 $2854,33 B B
8.3,2,6 Adiustment to use a Sinole Bay - Chanoe to Standard Desian $3,24 1$2,854,33 B B
8.3.2,7 -48 Volt DC Poer Cable. oer Fee
8,3.2,7,1 20 Amp Powr Feed $4,52 $3985.41 B B
8,3,2,7,2 30 Amp Powr Feed $5.15 $4,537,67 B B
8,3,2,7,3 40 AmD Power Feed $6.22 $5,60.42 B B
8,3,2,7.4 60 AmP Power Feed $11.02 $9706,03 B B
8.3,2,7,5 100 AmD Power Fee $18.58 $16,370,51 B B
8,3,2,7,6 200 Amo Power Feed $34.59 $30473.3 B B
8.3.2.7,7 300 Amo Power Feed $54,39 $47,917,87 B B
8,3,2,7,8 400 AmP Power Feed $7723 $68037.02 B B
8.3.2.8 IntentionallY Lef Blank
8,3.2.9 Caaeless Bay Fees
8,3,2,9,1 Bay, per BaY $2042,23 1
8,3,2,9,2 2,5 Inc Soaær Fee, oa S_$269,64 1
8,3,2,9,3 5 Inch Soacer Fee, Da Soa $283.32 1
8,3.3 Floor Soace Lease, Der Sauare Foo $2.0 B
8.4 Caoed P vslcal Collocation
8.4,1 Plannino and Enoineerino
8.4,1.1 Quoe Prearation Fee $3,185,58 B 7
8,4,2 Soace Constrcton and Site Preoaration
8.4,2,1 Site Pre_on Fee ICB 3
8.4.2,2 Intentionallv Lef Blank
8.4.2,3 Intentionallv Lef Blank
8.4.2.4 Soace Constrion
8.4,2,4,1 Caae: Up to 100 So, Fl $38,51 $33927.78 B B
8,4,2.4,2 Caae: 101 to 200 So, Ft.$34.18 $30113.98 B B
8.4,2,4,3 Caoe: 201 to 300 So, Ft.$42,18 $37154.11 B B
8.4.2,4.4 Caae: 301 to 400 So, Ft.$44.18 $38,922.82 B
8.4,2,5 Intntionallv Lef Blank
8.4.2.6 -48 Valt DC Power Cable, per Feed
CDS-110201-o001
Effve 1219/08 (COMA)Page 4 of 12
OocSign Enope 10: 62856801-GE61l-8SSF-10FF6E17A878
.Exibit A
Idaho
WiMacTeI, Inc,
8.4.2.6,1 20 Amo Power Feed $5.62 $4954,85 B B
8.42,6,2 30 Amo Powr Feed $6.20 $5,57,64 B B
8,4,2,6.3 40 Amo Power Feed $7.41 $6526.00 B B
8.4.2,6.4 60 Amo Power Feed $12,23 $10772,79 B B
8.4.2,6,5 100 Amo Power Fee $19,90 $17,531,29 B B
8.4,2.6.6 200 Amo Power Feed $37,04 $32634,30 B B
8.,2.6,7 300 Amo Power Feed $58,25 $51,315.56 B B
8.4,2,6,8 400 Amo Power Feed $82,71 $72,861,29 B B
8.4,3 Soace Constcton - Fenclno Credit
8.4.3,1 Caae: Uo to 100 So, FL.$10,07 $5,723,12 B B
8.4.3,2 Caae: 101 to 200 So. FL.$12,70 $7135,89 B B
8.4.3,3 Caoe: 201 to 300 So, FL.$14.47 8015.26 B B
8,4,3.4 Caae: 301 to 400 So, FL.$16,15 $8851.38 B B
8.4.4 Floo Soace Lease, oar Sauare Foot $2,70 B
8,4,5 Intentonallv Left Blank
8,4,6 Inlntonallv Left Blank
8,4,7 Intentonallv Left Blank
8.4.8 Groundlno
8..8,1 2/0 AWG. oerFoot $0.0097 $8,52 B B
8,4.8,2 1/0AWG.oerFoot $0,0170 $14,99 B B
8,4,8,3 410 AWG, oar Foot $0,0200 $17.64 B B
8.4,8.4 350 kcmil. oer Foo $0,0258 $22,77 B B
8.4,8.5 500 kcmil, oer Foot $0,0299 $26.35 B B
8.48.750 kcmil. oar Foot .$0,0456 $40,17 B B
8.5 Ad acnt Collocation ICB 3
8.6 Remote Collocion
8.6.1 Phvsical & Virtal Remote Collocation
8,6,1,1 Soace. oer Standard Mounllno Unil $0,57 $665.47 B B
8,6,1,2 FDI Terminations, oer 25 Pair $0,35 $484,90 B B
8,6,1,3 Power Usaae see rates in 8,1,4,2 .
8,6,1.3.1 ILess Than or Eaual To 60 Amos, oar Amo Orered $2.47 15
8.6,1,32 Greater Than 60 Amos, oer Amo Orere or Used $4.93 15
8.6,1.4 Quote Preoaration Fee $1,064,52 B
8.6.2 Ad' acent Remote Collocation ICB 3
8.6.3 Additional Virtal Remo1 Terminal Features
8,6,3,1 Flat Charoe, oa Job $36,16 B
8,6,3,2 Enaineerino, oer Half Hour $35,65 B
8,6,3,3 Maintenance, oer Half Hour $29.40 B
8,6,3.4 Installation, oer Half Hour $29.40 B
8,6,3,5 Trainino, oar Half Hour $29.40 B
8.7 CLEC-to-CLEC
8,7,1 Desion El1ineerina & Installation - No Cables
8,7,1,1 IFiber Flat Charne $1229,81 B
8,7.1,2 I FlatCharae $634,76 B
8.7.2 Cable Racklno
8.7,2,1 DSO. oer Foot oer Cable $0.1184 B
8,7,2.2 051. oer Foo. oer Cable $0,13075 B
8,7,2,3 053, oer Foot, Dar Cable $0,10234 B
8,7,2.4 Fiber,r Foot, Der Fiber $0,93313 B
8,7,3 Virtua Connecons If Anolicale - Connecons OnlY: No Cabes
8,7,3,1 DSO,~r 100 Connecons $194,39 B
8,7,3.2 DS1,~r 28 Connecons $91.54 B
8,7,3,3 053, oar 1 Connecon $5,90 B
8,7.3,4 Fiber Connecons, oer Fiber Solice (se rate frm 8,1,3,2\$37,15 15
8,7.4 Cable Hole, if Aoollcable $386,89 B
8,7,5 CLECotoCLEC CroConnecon $201,36 B
8,8 Interconnecion Distribution Frame IICDFl Colloation
8,8,1 Quote Preoaration Fee see rate in 8,1.1.2 $1,284.30 15
8,8.2 050 Circit oer 200 La. s $17,80 $2,171,94 12 12
8.8.3 051 Circit oer Two L s $0,91 $71.59 12 12
8.8.4 DS3 Circit, ber Two Le s $8,91 $1,182.27 12 12
8.8.5 Fiber Circit oer Two Leas $2,25 $236,98 12 12
8.9 Colloion Cancellation QPF.
Prorate Job
Costs
8,9,1 Additional Laba Othr, oa Half Hour or fracton there se rates in 9.20
8,9,1.1 Additional Labor - Basic $27,70 15
8,9,1.2 Additional Labor - Overtme $36,98 15
8,9.1,3 Additional Labor - Preium $46,29 15
8,9,2 Additional Disotc. oer Reouest see rate in 9,20 $87.98 15
"
I 8.10lMlcrowav Entrnce Faclltv ICB ICB 3 3,
I 8.111lntentionallv Lef Blank.CDS-110201-Q01
Effve 12129/08 (COMA)Page 5 of 12
OocSlgn En 10: 628501-eB--8F.1DF8E17A878
EibiA
Idaho
WiMacTeI, Inc .
8ij
8,12 Faclltv Conneced (Fe Collocation
8,12.1 Quote Preoaration Fee, Dar Reouest ICB 3
8.12.2 Enoineerino Fee, oer Job ICB 3
8.12,3 Coooer Entrance Faciltv, oar 100 Pair iea ICB 3 3
8,12,4 Fiber Entanc Faciltv, Der 12 Strands see rates in 8,1.2,1 $5.44 $616.2 15 15
8,12.5 Termination Block with Gas Protecors, oar 100 Pairs ICB ICB 3 3
8.12,6 Termination Panel, oer 12 Strnds ICB ICB 3 3
8,12.7 OS 1 Voltaoe Isolation, oer OS 1 ICB ICB 3 3
8.13 DC Power Reducton and Restoration
8,13,1 Power Reduction
8,13.1.1 Quote Preoaration Fee. oa Offce $703.70 B
8,13.1.2 Power Reducton with or without Restion. oar Fee Sa
8,13.1.2,1 ILess Th 60 Amos $494.45 B
8,13.1.2,2 I Eoual To 60 Am $706,91 B
8.13,1,2,3 IGreater Than 60 AmDS $895,31 B
8.13,1.3 Power Of, Dar Fee Sal DAr Sendarv Fee $621.09 B
8,13.1.4 Power Maintenance Charoe (Resertion Chme \. lI Fus Set $6,59 B
8,13.1.5 Location Chanoe from Powe Board to BOFB ICB 3
8,13.2 Powar Restoration
8,13,2,1 Quote Preoaration Fee, Dar Ofce $703,70 B
8,13,2,2 Power Restortion, aoolies to Primarv & Secondarv Feed
8.13,2.2,1 Power Restoration with Reseration
8,13,2.2.1,1 Less Than 60 Amns $494,45 12
8,13.2,2.1,2 Eoual To 60 Amos $706,91 12
8,13.2.2.1,3 Greater Than 60 Amos $895,31 12
8,13,2,2,2 Powar Restration without Reseation ICB 12
8,13,2.3 Loction Chanee from Power Board to BOFB ICB 3
8,14 Collocation Transfer of Resoonslblltv
8.14,1 Intentlonallv Left Blank
8,14,2 Asessment Fee, oer Reouest $1036.00 B
8,14,3 NelWrÎ Svten Administration Fee. oer R""ues $1,586.00 B
8,14.4 Transfer of Resoonsibiltv aoolies to Wireline & Wireles Locllntneon Trunks, UOIT $32,80 12
8,14,5 Transfer of Resoonsibiltv aoolies to Unbndled Looo. Sublooo, Loo Soliltna, Lon Mux Combo $32,80 12
8,15 Collocaion Available Inventorv
8.15.1 Standard Sit
8,15,1,1 Removal of Teninations
8.15,1,1.1 OSO Dar 100 Termination ICB 3
8.15,1,1.2 OS1 , oa Termination ICB 3
8,15,1,1.3 OS3 DAr Termination ICB 3
8,15,1,1.4 OCN, oer 12 Fibers ICB 3
8,15,2 Soadal Sites
8,15,2,1 ISoacial Site Assessment Fee $1,051,23 12
8,15.2.2 Networ Svstems Assessmen Fee $1,652,38 12
8,15,2,3 Site Survev Fee $163,65 12
8,15.3 Re-usable Elemen ICB 3
8,15.4 Quote Preoaration Fee (QPF
8.15,4,1 Caaeess see rate In 8,3,1,1 $3146.41 14
8,15,4,2 Caoed (se rate In 8.4,1,1 $3185.8 14
8.16 Collocation Demmisslonina see raes In 9.20)
8.16,1 Additional Labor other. oer Half Hour or frcton th
8,16.1,1 Additional Labor Oth . Basic $27,70 15
8,16,1.2 Additional Labor Othar - Overme $36.98 15
8,16,1.3 Additional Labor Other. Premium $46.29 15
8,16,2 Additional Oisoatc. oer Orde $87.98 15
8.17 Joint Testln"
8.17.1 Set-Uo Fee (see rate in 8,2.2,1 with a one hour minimuml $58.2 15
8,17.2 Test Time Fee, Dar Half Hour see rate in 8,2,2,1 \$29,01 15
9.0 Unbundled Networ Elements (UNEs)
9.1 Interconneion Tie Pairs ITPI. Per Termination
9.1,1 OSO $0,38 B
9.1.2 OS1 $1,24 B
9,1,3 OS3 114,76 B
9,2 Unbundled LOODS
9,2,1 Anoo Loo s See 9,2.4
9,2,1,1 2-Wlre Voice Grade Loon
9.2,1,1,1 Zone 1 $15,65 ##
9,2,1,1,2 Zone 2 $23,76 ##.
9,2.1,1,3 Zone 3 $40,50 ##
9.2.1,2 Intntonallv Lef Blank 'I:'
9,2.1.3 4-Wlre Voice Grade Looo
0 11 1-0C S- 020 01
Effctve 12/2910 (COMA)Page 6 of 12
OocSlgn EiopolO: 62858801-eE6B-45F.l0FF6E17A88
.Exibit A
Idaho
WiMacTeI, Inc,
,!
i,',,d: 9.2,1.3,1 Zone 1 30.70 ##
19.2.1,3,2 IZone2 $46.3 ##
.19,2.1.3,3 IZone 3 $79.47 ##
9.2.2 Nonloaded Looos See 9.2.4
9,2,2,1 2-Wire Nonloaded Loop
9,2,2,1.1 IZone 1 $15,65 ##
9.2,2.1,2 IZone2 $23.76 ##
9.2.2,1,3 IZone 3 $40,50 ##
9,2,2,2 Intentionally Left Blank
9,2.2.3 4-Wire Nonoaded Looo
9,2,2,3.1 Zone 1 $30,70 ##
9,2,2,3.2 Zone 2 $46.3 ##
9,2,2,3,3 Zon 3 $79,47 ##
9.2,2.4 Loop Unloadln $9,00 A
9,2,2,5 Loop Conditionina $22,00 A
9.2.3 Dioital Carn Ie Looos
9,2,3.1 Basi Rate ISDN / xDSL-1 Caoable See 9.2,4
9.2,3,1.1 Zon 1 $15.65 ##
9.2,3,1,2 Zone 2 $23,78 ##
9,2.3.1,3 Zone 3 $40,50 ##
9,2.3,2 IntntionallY Left Blank
9,2.3.3 DS1 Caoable Loop See 9.2,5
9,2,3,3,1 Zone 1 $86.8 ##
9,2,3,3,2 Zone 2 $86.46 ##
9,2,3,3,3 Zone 3 $99,96 ##
9,2,3,DS3 Caoable Looo See 9.2.6
9,2,3A1 Zone 1 $941.95 ##
9,2.3.4,2 Zone 2 $955.04 ##
9,2,3A3 Zone 3 $1,264.56 ##
9,2,3.5 Intentonallv Lef Blank
9.2,3.6 2-Wire Exnsion TechnolOlY $22,00 A
9.2,4 Loop Instllation Chares fo 2 & 4-Wire Analog / Nonloaded. ISDN BRI Capable and xDSL - I See 9,2,1 &
Caoable LooP8 whre coditionina is no reauired,9,2.2
9.2.4,1 Basic Instllation
9,2.4.1,1 Firs $11,03 A
9,2.4.1.2 Eaoh Additonal $6,07 A
9,2A2 Basic Insllation with Performanc Testina
9,2,4,2,1 First $17,72 A
9,2,4,2,2 lEach Additional $8,99 A
9.2.4,3 Coordinat Installation with Coopertive Testlno /. Proiect Coordinated Insllation
9.2.4,3,1 Firs $171,87 #
9.2.4,3,2 IEaoh Additonal $94,09 #
9,2.4.4 Coordinated Installaton withou Coopertive Tesno / Pro ee Coordnated Installation
9,2.4.4,1 IFirs $59.81 ¡#
9,2.4.4.2 IEaoh Additonal $53,32 #
9,2.4.5 Basic Insllaton with Coperative Testno
9,2.4,5.1 IFirst $142,10 #
9,2.4,5,2 lEach Additional $94,09 #
9,2,5 051 Loop Installation Charaes See 9,2.3.3
9.2.5,1 Basic Installation
9.2.5,1,1 IFlrs $128,71 B
9.2.5,1,2 IEaoh Additional $99,73 B
9,2,5,2 Basic Installation with Perfrmanc Testina
9,2,5,2,1 IFlrst $279.37 B
9,2,5,2,2 IEaoh Additional $212,57 B
9,2.5,3 Cooinated Insllation with Coopertive Testina / Pro'ect Cordinated Instllation
9,2,5,3.1 IFirs $316,94 B
9,2,5,3,2 I Each Additional $222,40 B
9.2,5.4 Coordinate Installaton without Cooperative Testna / Pro'ee Coordinated Instllation
9,2,5,4,1 IFirs $135.78 B
9,2,5,,2 IEaoh Additonal $106.79 B
9.2.5.5 Basic Instllation with Cooperative Testino
9,2,5.5.1 IFirs $272,24 B
9,2,5,5,2 IEaoh Additional $195.8 B
9.2.6 DS3 Loop Instllation Charoes See 9.2,3.4
9,2,6.1 Basic Installation
9,2,6.1.1 I Firs $128,71 B
9.2.6.1.2 I Each Additonal $99.73 .B
9,2,6,2 Basic Instllation with Perfrmanc Testna
9,2,6,2.1 First $279,37 B
9.2,6.2,2 IEaoh Additional $212.57 B
9.2,6.3 Coordinated Installation wi Coooerave Testino / Pro'ec Coordinated Instllation
9,2.6.3.1 First $316,94 B
9,2,6,3,2 Eaoh Additional $22.40 B
9,2,6.4 Coordinate Insllation without Cooeratiye Tesno / Proiec Coordinated Installation
9.2,6.,1 First $135.78 B
!I~9.2,6.4,2 Each Additional $108,79 B
~.9.2,6,5 Basic Installation with Coooerative Tesna'
9,2,6,5,1 Firs $272,24 B.CDS-110201-Q01
Effve 12129/08 (COMA)Page 7 of 12
DoSlgn EnvlopolD: 628566D1-e6BF-1DFF6E17A876
Exibit A
Idah
WIMaTei. Inc,.
.:,..~',::_:9.2.6.5.2 Each Additional $195.8 B ',(y
9.2.7 Intentionallv Left Blank
9.2.8 Private Line I Snecial Acc to Unbundled Lnn Conon (as is ~34,SO B
9.3 SublooD
9,3,1 2-WireAnal"I and Nonloaded Distrbuon Loon
9.3,1.1 First $107,92 1
9,3,1.2 Each Additional $29.2 1
9,3,1,3 First & Each Additonal 2-Wire Distrbuon Ln
9,3,1,3.1 lZone 1 $11.00 ##
9.3,1,3,2 IZone 2 $16.70 ##
9.3,1.3.3 IZone3 $27,57 1
9,3.2 Intentionall Left Blank
9,3,3 Intr-Bulldin Cable Loon; ner Pair $0,70 1
9,3,3,1 No Disoato, Firs ~51,97 1
9.3.3.2 No DisDatch, Each Additional $21.32 1
9,3.3.3 Disnatch, Firs $98,14 1
9.3.3.4 Disnalch, Each Additional $31,62 1
9,3,4 Intentionall Left Blank
9,3,5 MTE Tenninal Sublonn Acess
9.3,5,1 ISubloon MTE - POi Sita Inventrv ner Reouest $110.46 1
9.3.5.2 i MTE - POI Rearranaement of Facilities ICB 3
9.3,5.3 i MTE - POi Constrion of New SPOI ICB 3
9,3.6 Intentionallv Left Blank
9,3,7 Field Connecton Point FCPl
9,3,7,1 Feasibllilv Fee I Qute Prenaraon Fee $1197,07 1
9.3.7.2 FCP Set-Un. ner RAnuest $3,291,11 12
9,3.7,3 FCP Salicina. ner 25 Pairs $13.88 12
9,3.7.4 FCP Recassfication $463,26 1
9.4 Share Services
9.4,1 Intentonallv Left Blank
9.4,2 LineSnliltnn
9.4.2,1 Basic Installation Charne for Line Snliltna $33.79 1
9.4.3 Looo Snlillino
9.4,3,1 Basic Installation Cham for LoonSnliltnn $33,79 1
9.4.4 OSS. ner Line. ner Mont $3,23 1
9.5 Network Interfce DevicelHID $0,51 $52,76 A 10
9.6 Unbundled Dedicaed Interoffce TransDorl UDm
9,6,1 DSOUDIT Recurrnn Fixed & ner Mile $241,74 B
9,6,1,1 Over ° to 8 Miles $24,67 $0,29 B B
9,6,1.2 Over 8to 25 Miles $24,69 $0.23 B B
9,6,1,3 Over 25 to 50 Miles $24,86 $0,15 B B
9.6,1.4 Over 50 Miles $24,69 $0,05 B B
9.6,2 DS1 UDIT Recurrna Fixed & ner Mile $284,52 B
9,6,2.1 Over ° to 8 Miles $36.43 $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 Miles $39,12 $1,81 B B
9,8,2.4 Over SO Miles $37,77 $0,78 B B
9.6,3 DS3 UDIT Recurrina Fixed & nAr Mile $284.52 B
9,6,3,1 Over ° to 8 Miles $238,61 $54,07 B B
9.6,3,2 Over 8 to 25 Miles $242,03 $16,78 B B
9.6.3,3 Over 25 to SO Miles $223,90 $21.34 B B
9.6,3.4 Over 50 Miles $235.64 $14.83 B B
9,6.4 Intentionallv Lef Blank
9,6,5 Intntionallv Left Blank
9,6,6 Intentionallv Left Blank
9,6,7 UDIT DSO Channel Perfornce
9,6,7,1 DSO UDIT Low Side Channelization $13,10 B
9.6,8 Intentonallv Left Blank
9,6.9 Intentonallv Left Blank
9.6.10 Intenonallv Left Blank
9,6,11 UDIT Rearrnoement
9,6,11.1 DSC Sinnie Ofce $184.40 B
9,6,11,2 DS Dual Ofce $206.79 B
9,6,11,3 Hiah Canactv, Sinale Ofce $221,94 B
9,6,11.4 Hinh Canac/v Dual Ofce $249.30 B
9.6,12 Private Une I Snecial Accss to UDIT Conversion as isl $131,19 12
9.7 Unbundled Dark Fiber IUDF
9.7,1 Initial Records Innuirv (IRII
9.7.1.1 ISimnle $196.2 B.
9,7,1.2 IComolex $251.07 B
9,7,2 Field Verficaon and Quote Pre""ration FVQP $907,28 ~,9,7,3 Enalneerina Vericaon $297,03
9.7.4 UDF - Sinale Strnd
9,7,4,1 IUDF -Interce Facili/v IUDF-IOF1- Sinale Strand
CDS-110201-0001
Effctve 12/910 (COMA)
.
Page 8 of 12
OoSign Enlope 10: 62S5601-GE6B-4F-10FFE17A87S
.EiibitA
Idaho
WiMacTal, Inc,
,C'ø,-,.--"
9,7.4,1,1 Order Chama, Dar First Strand / Route / Order $492,60 B
9,7.4,1,2 Orar Chame, Each Additional Strnd / Routa / Order $255,66 B
9,7,4.1.3 Fiber Transoort. oer Strand / Mile $50,87 9
9,7.4,1,4 Termination, Fixe, Der Strand / Ofce / Termination $4.80 B
9,7.4,1.5 Fiber CrossConnect Minimum of 2 Cro-Connecs annlv\, ner $2.39 $19,38 B B
9,7,5 UDF - oer Pair .
9.7.5,1 UDF - Interoffce Facilitv tUDF-IOF - Der Pair
9,7,5.1.1 Order Chama DAr First Pair / Route / Order $492,60 B
9,7,5.1,2 Order Charoe Each Additional Pair / Route / Order $255,66 B
9.7.5,1,3 Fiber TransDort, D9r Pair / Mile $66,15 B
9,7.5.1.4 Termination Fixed, Der Pair / Ofce / Terminaton $7,31 B
9,7,5,1,5 Fiber Cross-Cnnect Minimum of 2 Cros-Connec annlv\ ner Pair $4.43 $19,38 B B
9.7.6 Dark Fiber Slice $602,60 B
9.7.7 UDF MTE SubioOD ICB ICB 3 3
9.8 Intentionally Lef Blank
9.9 Intentlonallv Lef Blank
9.10 IntntionallY Lef Blank
9.11 IIntentionallv Lef Blank
I 9,lZIIntentionallv Lef Blank
I 9,1311ntentionallv Left Blank
I 9.14l1ntentionallY Lef Blank
I 9,1511ntentlonallv Lef Blank
I 9.1SlIntentlonally Lef Blank
I.9.17l1ntentionallY Lef Blank
i 9,1811ntentlonallv Lef Blank
9.19 Constrction Charoes
9,19,1 CLEC Reauested UNE Constructon CRUNEC\- aODlies to Unbundled Dark Fiber Unbundled
9,19.1.1 I Recs Quote Pr8Daraion Fee $347.46 12
9,19.1,2 IConston Quote PreDaratlon Fee $863.3 12
9,19.2 Constcton of Networ CaDacitv, Facilities or Saace for Acess to or use of UNEs ICB ICB 3 3
9.0 Miscellaneous Charoes
9,20,1 Aditonal Enaineerina. oer Half Hour or frction thereo
9.20.1,1 IAdditional Enaineerina - Basic $31,74 B
9,20,1,2 IAddltlonal Enaineerna - Overtime $39.61 B
9,20.2 Additional Labor Instalation, oer Half Hour or frction thre
9,20,2,1 IAdditional Labor Installation - Ovrtme $9,02 B
9,20,2.2 IAdditianal Labor Installation - Premium $18.05 B
9,20,3 Additional Laba Other, Der Half Hour or fraction thereo
9,20,3.1 Additional Labor Other - tODtionl Testino Basic $27,70 B
9,20.3,2 Additional Labor Other - (ODtionl Testiiin\ Overtime $36,98 B
9,20.3,3 Additonal Labor Other - tODtional Testina\ Prmium $46,29 B
9,20,4 Intenlonall Lef Blank
9.20,5 Intenlonallv Left Blank
9.20,6 Additional CooDertive AccDtance Tesno. Der Half Hour or frcton theref
9.20,6,1 Additional CooDerative Accealnc Tesno - Basic $29,40 B
9.20,6,2 Additional C""rative Accntance Testino - Overtime $39,28 B
9.20,6,3 Additional Coerative AccDtanc Testina . Premium $49,16 B
9.20,7 Nonsuled CooDerative Testina, oe Half Hour or fracton ther
9,20,7,1 Nonscheduled Coooerative Testna - Basic $29.40 B
9,20,7,2 Nonscheduled Coooerative Tesna - Overtme $39,28 B
9,20,7.3 Nonsceduled Coooerative Tesno - Preium .$49.09 B
9,20,8 Nonscheduled Manual Testina, Dar Half Hour or frcton ther
9,20,8.1 Nonseduled Manual Tesna. Basic $29.40 B
9,20,8.2 Nonsceduled Manual Testino . Overtime $39.28 B
9,20.8,3 Nonsceduled Manual Testina - Premium $49,16 B
9,20,9 Intntionellv Left Blank
9,20,10 Intetionallv Left Blank
9,20,11 Additianal Disaatch, aer Order $87,98 B
9.20,12 Intenlonallv Left Blank
9.20,13 Desian Chanae, Der Orer $73,99 B
9,20,14 Exodite Chare, Der Day Advanced se rates in Owest s Tariff FCC No, 1 Section 5\$200.00 11
9,20,15 Callation Chame ICB 3
t~~~~1~1
9,20,16 Maintance of Service, Der Half Hour or frcton thereof
9,20,16,1 Maintenance of Servce - Basic $28.86 B
~i0:y 9.20,16,2 Maintnance of Service - Ovartime $36,98 B
I 9.20,16,3 Maintnance of Service - Premium $46,29 B.CDS-ll0201-QOl
Effctve 12129/08 (COMA)Page9of12
DoSign Envelope 10: 62856801-eE6IF-10FF6E17A88
Exibit A
Idaho
WIMacTel, Inc,.
~
9,21 Channel Reaeneration
9.21.1 IOS1 $0,00 $0,00 6 6
9,21,2 IOS3 $0,00 $0,00 6 6
9.22 Intentlonallv Lef Blank
9.23 UNE Combinations
9,23,1 Inlentionallv Left Blank
9.23,2 Enhanced Exnded Loon (EEL
9,23,2,1 EEL Loon, OSO 2-Wire Annn
9,23,2,1.1 EEL 2-Wire Loon Inslat
9,23,2,1,1,1 Firs $245,11 1
9,23,2.1.1.2 Each Additional $182,97 1
9.23.2.1.2 2-Wire Analnn Loon lse ra in 9.2,1,1)
9,23.2.1,2,1 Zone 1 $15,65 15
9,23.2,1,2,2 Zon 2 $23,76 15
9.23.2.1.2.3 Zone 3 $40,50 15
9,23,2.2 EEL Loon, OSO 4-Wire Analon
9,23,2,2.1 EEL 4-Wire Loon Installation
9,23,2,2,1,1 Firs $245,11 1
9.23.2,2,1,2 Each Additional $182,97 1
9,23,2,2,2 4-Wire Analon Loo see rates In 9,2,1,3
9,23,2.2,2,1 Zone 1 $30,70 15
9.23,2,2.2,2 IZone2 $46.3 15
9,23,2,2,2,3 IZone 3 $79.47 15
9,23.2,3 EEL Loon, OS1
9.23,2,3.1 EEL OS 1 Loon Installation
9.23.2.3,1,1 First $300.49 1
9.23.2.3.1,2 Each Additional $225,39 1
9,23.2.3.2 OS1 earibleL Xl (see ra In 9,2,3,3)
9,23,2,3,2,1 Zoe 1 $86.8 15
9,23,2,3,2,2 Zoe 2 $86.6 15
9.23.2.3,2,3 Zone 3 $99,96 15
9,23,2.4 EEL Looo, OS3
9,23,2.4.1 ' EEL OS3 Loon Installation
9,23,2.4,1.1 First $323,61
9,23,2.41,2 Each Additional $248,51
9.23,2,4,2 OS3 Ca""b1e see rates In 9.2,3.4
9.23.2,4,2,1 Zone 1 $941.95 15
9,23.2.4.2,2 Zone 2 $955.04 15
9.23,2.4,2.3 Zone 3 $1,264,56 15
9,23.2.5 Private Line / S""cial Acess to EEL Conversion as Is $34.50 B
9.23,2,6 EEL Reerrnnemenl
9.23.2,6,1 OSO $130.83 12
9.23,2.6,2 Hinh C~nacit $148,50 12
9,23.2,7 EEL Transoor
9,23,2,7,1 OSO Renn Fixe & DB Mile se ra 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 Over 25 to 50 Miles $24,86 $0.15 15 15
9,23,2,7,1,4 Over 50 Miles $24,69 $0,05 15 15
9,23.2,7,2 OS1 Recnina Fix & pe Mile) (se rate In 9,6,21
9.23,2.7.2.1 Over 0 to 8 Miles $36.3 $3,20 15 15
9,23,2,7,2.2 Over 8 to 25 Miles $37.26 $3,19 15 15
9.23,2,7.2.3 Over 25 to 50 Miles $39.12 $1.61 15 15
9.23,2,7,2,4 Over 50 Miles $37,77 $0,78 15 15
9.23,2,7,3 OS3 Recuninn Fix & ner Mile) (se rates In 9,6.31
9,23,2,7,3,1 Over 0 to 8 Miles $238,61 $5,07 15 15
9.23.2.7,3,2 Ove 8 to 25 Miles $242,03 ~16,78 15 15
9,23,2.7.3,3 Ov 25 to 50 Miles ~223,90 $21,34 15 15
9,23,2,7,3.4 Over 50 Miles $235,64 $14,83 15 15
9,23.2.8 EEL Multiolexi
9,23.2,8,1 OS1 to DS $263,86 $246,92 B 1
9,23,2,8,2 OS3to OS1 $3,22 $246,92 B 1
9,23,2,9 EEL OSO Channl Perfan
9,23,2,9,1 îDso Low Side Channiza $13,10 B
9,23.2,9,2 IOS1 / OSO Lo Si Chneizaon $7,47 B
I 9.241lntentlonallv Lef Blank
9.5 Looo Mux Combination LMC
9,25,1 Loon Mux 2.Wire Analon
9,25,1.1 LMC 2-Wire Instllation
9.25.1.1,1 Firs $225.7 .~9,25,1.1,2 Each Additional $148,96
9,25.1.2 2-Wlre Analon Loon (see rate Inm 9,2,1,1
9,25.1,2.1 Zone 1 $15,65 15
COS-110201-Q01
Effve 1219/08 (COMA)
.
Page 10 of 12
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.Exibit A
Idaho
WiMacTeI, Inc,
~\9,25,1,2.2 Zone 2 $23,76 15
9.25.1.2,3 Zone 3 $40,50 15
9,25,2 LOOD Mux, 4-Wire Analoo
9.25.2.1 LMC 4-Wire Instllation
9.25,2,1.1 IFirs $225.7 1
9,25,2,1,2 I Each Additional $148,96 1
9,25.2,2 4-Wire Analon LOOD (see rates fin 9,2.1,3
9,25.2.2,1 IZone 1 $30.70 15
9,25,2,2,2 IZone 2 $46.3 15
9,25,2,2,3 IZone3 $79.47 15
9.25,3 LOOD Mux DS1
9,25.3,1 LMC DS1 loD Installation
9,25,3.1,1 I Firs $285.8 .1
9,25,3,1,2 lEach Additional $209,98 1
9,25,3,2 DS1 Caoable LOOD (see rates in 9,2.3,3
9,25,3,2.1 IZone 1 $86.8 15
9,25.3.2,2 IZone 2 $86.46 15
9,25.3.2.3 IZone 3 $99,96 15
925.4 Pnvate Line I SDeciai Accss to LMC Conversion (as is !h'l.5O B
9.25,5 DSO Channel Performance
9,25,5,1 Intntionallv Lef Blank
9,25.5,2 OS 1 I DSO Low Side Channelization $7.47 B
9.25,6 LMC RealTnoement
9.25.6.1 DSO $130,83 12
9,25,6,2 Hiah CaDacitv $148,50 12
10,0 Ancillarv Servces
10,1 Locl Number Portbilit
10,1,1 LNPQuaries See FCC See FCC
Tanf#1 Tanf#1
Secon 13 &Secton 13&
20 20
10.1,2 LNP Mana ed Cuts
10.1.2,1 Standard Manaoed Cut, Der Pern, oer Half Hour $26,57 B
10,1,2,2 Overtme Manaoed Cut, oer Persn ""r Half Hour $34,38 B
10,1,2,3 Preum Manaoed Cuts. Der Person, Dar Half Hour $42,21 B
10.2 911 1 E911
10.2.1 19111E911.Calino NoCharne No Char"e
10,3 Whit P es Direct"" Listlnas Faclllt Based Provders
10,3.1 Pnmarv Listino NoCha~e NoChame
10,3,2 Premium I Pnvacy listngs Genral Genera
Exchange Exhane
TanfRete,TanffRete,
Less Less
Wholesale Wholesale
DIscont ,Discount
,
10.4 Directon Asistance Facillv Based Providers
10.4,1 Local Dlrerv Assistance. oar Call $0,34 2
10.42 National Direcorv Assistnce, oar Call $0,34 2
10.4.3 Intentlonallv Lef Blank
10,4.4 Intentlonallv Lef Blank
10,4,5 Call ComDletion, oarCaII $0,04 2
10.5 Diren Asistance List Inforation
10,5,1 Inital Database Load. oar Listino $0,025 B
10,5,2 Reload of Database, Der Listina $0,020 B
10,5,3 Dailv Uodales, !Jr Listino $0.25 B
10,5.4 One-TIme Set-Uo Fee $73,29 B
10.5,5 Media Charaes for File Deliverv
10,5,5,1 IElectic Transmission $0,0020 B
10.6 Toll and Assistance ODeror Serces Faciltv Based Providers
10,6,1 Onertor Assistance, oar Call $0,50 2
10,6,2 Bus Line Venf, oar Cal $0,72 2
10,6,3 Busy Line InterrDt $0,87 2
10,6.4 Call Brandina, Set-UD & Recrdlno $10,500,00 2
10.6.5 Loadlna Brand. oa 5wch $800,00 2
10.7 Açes to Poles Duct Conduit and Rlahts of Wav tROWl
10.7,1 Pole lnauirv Fee, ner Innuirv $341,63 1
10,7,2 Innerduct Inauirv Fee, Der lnauirv $233,51 1
~~~l)
10,7,3 ROW Inauirv Fee, Dar Inauirv $378.87 1
10,7,4 ROW Document PreDaration Fee $122.91 1
10,7,5 Field Venficaion Fee, oar Pole $20.48 1
I 10,7,6 FieldVenficaon Fee, oar Manhole $190,89 1.CDS-110201-0001
Effecve 12/29108 (COMA)Page 11 of12
llSlgn Enlop.ID: S28568D1-e1lll-8F,1DFF6E17A87S
EibitAIda
WlMaTeI, Inc,.
i'
10.7,7 Planner Verication. oa Manhole 16.2 1::':)
10.7~8 Manhole Vencation Insper, per Manhole $92.18 1
10,7.9 Manhole Make-Rea Insoer, oa Manhole $245.2 1
10.7,10 Transfr of Resoonsiblliv $106,86 1
10.7.11 Pole Attchment Fee. per Foot. per Year $2,77 B.4
10,7,12 Innerduct
10,7.12,1 Micrduc Occoancv Fee. oar Micruc, oar Foo. oa Year $0,1861 12
10,7.12.2 Inneruc Occpancv Fee oer FooL. oa Year $0.31 B 4
10,7,13 Accss Aoæement Considertion $10,00 B
10,7,14 Make Readv ICB 3
12,OlOperaionai SuPPor Systes
I 12.1 I Devloomnt and Enhanceent, per Order $5,00 B
I 12.210noolno Maintenance, De.Orde.$1.40 B
I 12,31Dallv Usaiie Record File, per Rec $0,00019 B
I 12,41T.ouble isolation Charae See 9,20
17.01 Bona Fide Reouest Process
I 17.1lProesslnli Fee $1851,86 B
i I I I I
NOTES:.Unless otheise indicated all rates a.e oursuant to Idaho Public Utilltes Commission Dockets:
A AT&T Aritrtion Docket USW- T -9.15 Order NO 27738 efecve Semembe. 17 1998
B Cost Docket QWE-T -01-11 Order No, 29408 Januarv 5 2004 rates effectve Januarv 5 2004,
#Voluntarv Rate Reducon Dock USW-T -0-3 efive 6110/02, Reducons reect in the 5124102 Exibit A,
##Second Voluntarv Ra Reducton, Doket USW-T -00-3, efve 61/02, Reductions reec in the 7/10102 Eibit A.##Third Voluntarv Rate Reducton Docket USW- T -00-3 efectve 12/1612 Reucns reec In th 10116102 Exibit A.
1 TELRIC rates pred in Cost Docet QWE-1-o1-11 temon filed on Novembe 12, 20, The ca was birc and th raes using thIs fotnote ara
nmos In Phase 2 of the cost docet.
2 Market-base raes,
3 ICB Individual Cae Basis oricina.
4 Th State of Idaho has retained th ove".h! on th ra, The ra ar no under th ursdicton of the FCC,
5 FCC ordere rates puuan to the FCC's Order on Remand and Rep and Ord (Intrrer Cotion for ISP-BOUnd TraC) CC Doket 01-131 (FCC ISPOrder\. efve June 14 2001. .
6 Effecve August 1, 203, Qwes WILL no longer bil the reng and nonrrng chrgs fo Ch Regeneration. Qwest reserves the righ to revert back to the
contrcutal rate onv after appronriate notice is niven,
7 Th preliminary Quote Preparation Fees (QPF) are incuded in the space coon ches, Upo completion of the coloction constrcton, the QPF will be
creite to the final space constrcton chare for the virtal, caed 0. cageles coloction job, Thse enineerng and planning chrges ere also included in the
Virtual Caoed and Caoeles Quote Preosralon Fees,
8 Intentionallv Lef Blank
9 Qwst is voluntrilv reucno ths rate In order to keep rate relationshio With th Fiber Trasoort "oar Pair" rate element.
10 Qwest has not implemeted this UNE rate 0' charoe in its bilino svstem bu reseres the rioh! to asses such a charoe in the fuure,
11 Market.based prces, All chrges and incrmen shall be the same as the comparable charges and incrments provided in Qwest FCC, Retail Tari, Catalogs. or
Price List.
12 Rate not address in Cos Docket esmat TELRIC
13 The proision of trnsiting service is not reuire pursuan to Seon 251 of the Telecmunicaons Ac, Qwes has chosn to ofer this servce as part of its
intercnnecton aore but this sece is not l'uire to be nree aclna to a TELRIC meolnn.
14 Rate was orer for a similar elem and Is belna us beus the cots fo this ele ar th same,,
15 Rate was orousv orderd for this element In a difnt seon of Exibi A,(!Qwestl Element Added or Rate Chaoed oer Amenme
CDS-110201-o001
Effve 12/29108 (COMA)
tfl£~'.~.
Page 12 of12
DocuSign Envelope 10: 62856801-eE6B-462A-855F-10FF6E17A878.
Qwest:
Spirit of S'fvlce
Service Penormance Indicator Definitions (PID)
IDAHO 271 PID Version 9.1
.
OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878
QWEST'S SERVICE PERFORMANCE INDICATOR DEFINITIONS (PID)
271 PIO Version 9.1
Introduction
Qwest wil report performance results for the servce performance indicators defined herein. Qwest wil report
separate performance results associated with the services it provides to Competitive Local Exchange Carriers
(CLECs) in aggregate (except as noted herein), to CLECs individually and. as applicable, to Qwests retail
customers in aggregate. Within these categories, performance results related to service provisioning and
repair wil be reported for the product listed in each definition. Reports for CLECs individually will be subject
to agreements of confidentiality and/or nondisclosure.
\,
Qwest Idaho SGAT Third R.evision, Ninth Amended Exhibit B December 17, 2010 Pageii
ê~.(;:""'.'\\i')'''':~':::'j
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Table of Contents
Qwests Service Performance Indicator Definitions
ELECTRONIC GATEWAY AVAILABILITY ...........................................................................1
GA-1 - Gateway Availabilty - IMA-GUI..............................................................................1
GA-3 - Gateway Availability - EB-TA .................................................................................2
GA-4 - System Availability - EXACT .....;............................................................................3
GA-6 - Gateway Availability - GUI- Repair .......................................................................4
GA-7 - Timely Outage Resolution following Softare Releases .........................................5
GA-8 - Gateway Availability - IMA-XML ............................................. ................................6
PRE.ORDER/ORDER............................................................................................................7
PO-1 - Pre-Order/Order Response Times.......................................................................... 7
PO-2 - Electronic Flow-through ..........................................................................................9
PO-3 - LSR Rejection Notice ,Interval............... ................... ................................... ..........10
PO-4 - LSRs Rejected..................................................................................................... .11
PO-5 - Firm Order Confirmations (FOCs) On Time...... ............... .......... ................... ........12
PO-6 - Work Completion Notification Timeliness............................................................ ..15
PO-7 - Biling Completion Notification Timeliness ............................................................16
PO-8 - Jeopardy Notice Interval.. ............................ .................. ................... ................... .18
PO-9 - Timely Jeopardy Notices...................................................................................... .19
PO-15 - Number of Due Date Changes per Order ...........................................................20
PO-16 - Timely Release Notifications ...........................................................................21
PO-19 - Stand-Alone Test Environment (SATE) Accuracy...............................................23
PO-20 (Expanded) - Manual Service Order Accuracy.............................................. ....... .26
ORDERING AND PROVISIONING ......................................................................................32
OP-2 - Calls Answered within Twenty Seconds -Interconnect Provisioning Center........32
OP-3 -Installation Commitments Met...............................................................................33
OP-4 - Installation Interval................................................................................................36
OP-5 - New Service Quality.......................................................................... ................... .39
OP-6 - Delayed Days........................................................................................................44
OP-7 - Coordinated "Hot Cut" Interval- Unbundled Loop ................................................47
OP-8 - Number Portabilty Timeliness............... ....... ...... ..... .............. ........... ...... ............ ..48
OP-13 -JCoordinated Cuts On Time - Unbundled Loop ...................................................49
OP-15 -Interval for Pending Orders Delayed Past Due Date...........................................51
OP-17 - Timeliness of Disconnects associated with LNP Orders .....................................54
MAINTENANCE AND REPAIR ...........................................................................................56
MR-2 - Calls Answered within 20 Seconds - Interconnect Repair Center.... ......... .......... .56
MR-3 - Out of Service Cleared within 24 Hours............... ................................... .......... ....57
MR-4 - All Troubles Cleared within 48 hours ....................................................................59
MR-5 - All Troubles Cleared within 4 hours ......................................................................61
MR-6 - Mean Time to Restore .........................................:................................................63
MR-7 - Repair Repeat Report Rate ..................................................................................65
MR-8 - Trouble Rate.........................................................................................................68
MR-9 - Repair Appointments Met ..... ... ............................................................................. 71
MR-10 - Customer and Non-Qwest Related Trouble Reports ..........................................72
MR-11 - LNP Trouble Reports Cleared within Specified Timeframes ............................... 74
BILLING ...........................................................................................................;.....~............. 76
BI-1 - Time to Provide Recorded Usage Records ............................................................ 76
BI-2 -Invoices Delivered within 10 Days ..........................................................................77
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page ii
. OocuSign Envelope 10: 62856801-CE6B-42A-855F-10FF6E17A878
Table of Contents
BI-3 - Biling Accuracy - Adjustments for Errrs ............................................................... 78
BI-4 - Billng Completeness ..............................................................................................79
DATABASE UPDATES .............................................................,..........................................80
DB-1 - Time to Update Databases....................................................................................80
DB-2 - Accurate Database Updates........................................................................ .........82
DIRECTORY ASSISTANCE ................................................................................................83
DA-1 - Speed of Answer - Directory Assistance............................................................. .83
OPERATOR SERVICES ......................................................................................................84
OS-1 - Speed of Answer - Operator Services ........ ................. ..................................... ....84
NETWORK PERFORMANCE..............................................................................................85
NI-1 - Trunk Blocking.........................................................................................................85
NP-1 - NXX Code Activation.............................................................................................87
COLLOCATION ...................................................................................................................89
CP-1 - Collocation Completion Interval..............................................................................89
CP-2 - Collocations Completed within Scheduled Intervals........................................... ...92
CP-3 - Collocation Feasibilty Study Interval..........~........................................................95
CP-4 - Collocation Feasibility Study Commitments Met ...................................................96
DEFINITION OF TERMS ................................................................................................~....97
GLOSSARY OF ACRONYMS ...........................................................................................101
APPENDIX A .....................................................................................................................103
Feature Detail..................................................................................................................103
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page iv
.
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Electronic Gateway Availabilty
GA-1 - Gateway Availabilty - IMA-GUI
Purpose:
Evaluates the quality of CLEC accss to the IMA-GUI electronic gateway and one associated system,
focusina on the extent thev are actuallv available to CLECs.
Description:
GA-1A: Measures the availability of the IMA-GUI (Interconnect Mediated Access- Graphical User
Interface), and reports the percentage of Scheduled Availabilty Time the IMA-GUI interface is
available for view and/or input.
.. Scheduled.Up Time hours for preorder, order, and provisioning transactions are based on the
currently published hours of availabilty found on the following website:¡
http://ww.qwest.com/wholesale/cmp/ossHours.html.
GA-1 D: Measures the availability of the SIA system, which facilitates access for the IMA-GUI .interface
and the IMA-XML interface (see GA-2), and reports the percentage of scheduled time the SIA
system is available. Scheduled availability times will be no less than the same hours as listed for
IMA-GUI and IMA-XML..Time Gateway is Available to CLECs is equal to Scheduled Availability Time minus Outage Time..Scheduled Availabilty Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communicated that the interface is not available due to
maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance
and/or upgrade work wil be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or
component (Le., IMA-GUI, SIA), affecting Owests abilty to serve its customers. An outage is
determined by Owest technicians through the use of verifiable data, collected from the affected
customer(s) and/or from mecHanized event management systems.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Region-wide leveL.
results Results wil be reported as follows:.GA-1A IMA Graphical User Interface Gateway
.. GA-1D SIA sYStem
Formula:
((Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period) .. (Number of
Hours and Minutes of Scheduled Availability Time During Reporting Period)) x 100
. Exclusions: None
Product Reporting: None Standard:99.25 percent
Availabilty:Notes:
Available
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 1
OocuSign Ehvelope 10: 628568D1-CE6B-42A-855F-10FF6E17A878 ~", ;~
GA-3 - Gateway Availabilty - EB-TA
Purpose:
Evaluates the quality of CLEC access to the EB- T A interface, focusing on the extent the gateway is
actuallv available to CLECs.
Description:
Measures the availabilty of EB-TA (Electronic Bonding - Trouble Administration) interface and reports
the percentage of scheduled availabilty time the EB-TA Interface is available..Scheduled Up Time hours are based on the currently published hours of availabilty found on the
following website: http://ww.qwest.com/wholesale/cmp/ossHours.html..Time Gateway is Available to CLECs is equal to Scheduled Availabilty Time minus Outage Time..Schei:uled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communicated that the interface is not available due
to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine
maintenance and/or upgrade work wil be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or
component (Le., EB-TA), affecting Qwests abilty to serve its customers. An outage is determined
by Qwest technicians through the use of verifiable data, collected from the affected customer(s)
and/or from mechanized event management systems.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate results Disaggregation Reporting: Region-wide leveL.
Formula:
((Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period) . (Number
of Hours and Minutes of Scheduled Availabilty During Reporting Period)) x 100
.
Exclusions: None
Product Reporting: None Standard:99.25 percent
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 2
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GA-4 - System Availabilty - EXACT
Purpose:
Evaluates the quality of CLEC batch access to the EXACT electronic access service request system,
focusini: on the extent the system is actuallv available to CLECs.
Description:
Measures the availabilty of EXCT system and reports the percentage of scheduled availabilty time
the EXACT system is available..Scheduled Up Time hours are based on the currently published hours of availabilty found on the
following website: http://ww.gwest.comlwholesale/cmp/ossHours.html..Time System is Available to CLECs is equal to Scheduled Availabilty Time minus Outage Time...Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communicated that the system is not available due to
maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance
and/or upgrade work wil be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or
component (Le., EXACT), affecting Owests abilty to serve its customers. An outage is
determined by Owest technicians through the use of verifiable data, collected from the affected
customerCs) and/or from mechanized event manaaement sYStems.
Reporting Period: One month Unit of Measure: Percent
Reportihg Comparisons: CLEC aggregate results O,saggregation Reporting: Region-wide level.
Formula:
((Number of Hours and Minutes EXCT is Available to CLECs During Reporting Period) .. (Number of
Hours and Minutes of Scheduled Availability During Reporting Period)) x 100
Exclusi~ms: None
Product Reporting: None Standard:99.25 percent
Availabilty:Notes:
Available
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 3
OocuSignEnvelope 10: 62856801-CE6B-2A-855F-10FF6E17A878
GA-6 - Gateway Availabilty - GUI - Repair
Purpose:
Evaluates the quality of CLEC accss to the GUI Repair elecnic gateway, focusing on the extent the
gateway is actually available to CLECs.
Description:
Measures the availabilty of the GUI (Graphical User Interface) repair electronic interface and reports
the percentage of scheduled availabilty time the interface is available for view and/or input. All times
during which the interface is scheduled to be operating during the reporting period are measured..Scheduled Up Time" hours are based on the currently published hours of availabilty found on the
following website: http://ww.qwest.comlwholesale/cmp/ossHours.html..Time Gateway is Available to CLECs is equal to Scheduled Availabilty Time minus Outage Time..Scheduled Availabilty Time is equal to SCheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communicated that the interface is not available due
to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine
maintenance and/or upgrade work wil be provided no less than 48 hours in advance.
.. An outage is a critical or serious loss of functionality, attbutble to the specified gateway or
component (Le., GUI-Repair), affecting Owests abilty to serve its customers. An outage is
determined by Owest technicians through the use of verifiable data, collected from the affected
customer(s) and/or from mechanized event management systems.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC Disaggregation Reporting: Region-wide leveL.
aggregate results
Formula:
(Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period. Number of
Hours and Minutes of Scheduled Availabilty Time During Reporting Period) x 100
Exclusions: None
.
Product Reporting: None Standard:99.25 percent
Availabilty:Notes:
Available
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 4
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'.,4; GA-7 - Timely Outage Resolution following Softare Releases
..:~i
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Purpose:
Measures the timeliness of resolution of gateway or system outages attributable to software releases for
specified ass interfaces, focusing on CLEC-affecting softare releases involving the specified gateways
orsvstems.
Description:.Measures the percentage of gateway or system outages, which are attributable to ass system
softare releases and which occur within two weeks after the implementation of the ass system
softare releases, that are resolved NOTE 1 within 48 hours of detection by the Owest monitoring group
or reporting by a CLEC/co-provider..Includes softare releases associated with the following ass interfaces in Owest: IMA-GUI, IMA-
XML, and CEMR, Exchanøe Access, Control, & Tracking (EXACT)NOTE 2, Electronic Bonding- Trouble
Administration (EB _ T A) N TE 3.An outage for this measurement is a critical or serious loss of functionality, attributable to the
specified gateway or component, affecting Owest's abilty to serve its customers or data loss NOTE 4 on
the Owest side of the interface. An outage is determined by Owest technicians through the use of
verifiable data, collected from the affected customer(s) and/or from mechanized event management
systems..The outage resolution time interval considered in this measurement start at the time Owest's
monitoring group detects a failure, or at the date/time of the first transaction sent to Owest that cannot
be processed (Le. lost data), and ends with the time functionality is restored or the lost data is
recovered.
Reporting Period: Monthly Unit of Measure: Percent
Reporting Comparisons: CLEC Aggregate Disaggregation Reporting: Region-wide leveL.
Formula:
((Total outages detected within two weeks of a Softare Release that are resolved within 48 hours of the
time Owest detects the outage) + (Total number of outages detected within two weeks of Softare
Releases resolved in the Reporting Period)) x 100
Exclusions:.Outages in releases prior to any CLEC migrating to the release..Duplicate reports attributable to the same softare defect.
Product Reporting: None Standards:
Volume = 1-20: 1 miss
Volume;)20:g5%
Availabilty:Notes:.
1. "Resolved" means that service is restored to the reporting CLEC, as
Available experienced by the CLEC.
2. EXACT is a Telecordia system. Only releases for changes initiated by
Owest for hardware or connectivity wil be included in this measurement.
3. Outages reported under EB- T A are the same as outages in MEDIACC.
4. For clata loss to be considered for GA-7, a functional acknowledgement
must have been provided for the data in question (e.g., LSR ID or troubleticket number). _
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 5
DouSign Envelope 10: 62856801-CE6B-462A-85F-10FF6E17A878
GA-8 - Gateway Availabilty - IMA-XML
Purpose:
Evaluates the quality of CLEC accss to the IMA-XML electronic gateway, focusing on the extent the
gate~ay is actually available to CLECs.
Description:
Measures the availabilty of IMA-XML (Interconnec Mediated Accss - Extensible Markup Language)
interface and reports the percentage of scheduled availability time the IMA-XML Interface is available
for view and/or input. All times during which the interface is scheduled to be operating during the
reporting period are measured..Scheduled Up Time hours for IMA-XML based on the currently published hours of availabilty
found on the following website: http://ww.qwest.com/wholesale/cmp/ossHours.html. Time
Gateway is Available to CLECs is equal to Scheduled Availabilty Time minus Outage Time..Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communicated that the interface is not available due
to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine
maintenance and/or upgrade work wil be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or
component (Le., IMA-XML), affectng Owests abilty to serve its customers. An outage is
determined by Owest technicians through the use of verifiable data, collected from the affected
customer(s) and/or from mechanized event manaaement svstems.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC Disaggregation Reporting: Region-wide leveL.
aaareaate results (See GA-1D for reportina of SIA system availabilty.)
i:ormula:
((Number of Hours and Minutes Gateway is Available to CLECs During Reporting Period) . (Number
of Hours and Minutes of Scheduled Availabilty Time During Reporting Period) ) x 100 -
Exclusions: None
Product Reporting: None Standard:99.25 percent
Availabilty:Notes:
Effectve with December 2010 results published in
Januarv 2011
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 6
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Pre-Order/Order
"
PO-1 - Pre-Qrder/Order Response Times
Purpose:
Evaluates the timeliness of responses to specific preorder~ng/ordering queries for CLECs through the use of
Qwests Operational Support Systems (OSS). Qwests OSS are accessed through the specified gateway
interface.
Description:
PO-1A & PO-1X:
Measures the time interval between query and response for specified pre-order/order transactions through the
electronic interface.
. Measurements are made using a system that simulates the transactions of requesting pre-
ordering/ordering information 'from the underlying existing OSS. These simulated transactions are
made through the operational production interfaces and existing systems in a manner that reflects, in a
statistically-valid manner, the transaction response times experienced by CLEC service
representatives in the reporting period.
. The time interval between query and response consists of the period from the time the transaction
request was "sent" to the time it is "received" via the gateway interface. ,
. A query is an individual request for the specified type of information..
Reporting Period: One month Unit of Measure:
PO-1A, PO-1X: Seconds
Reporting
Comparisons: .
CLEC aggregate.
Disaggregation Reporting: Region-wide leveL. Results are reported as follows:
. PO-1A Pre-Order/Order Response Time for IMA-GUI
.PO-1X Pre-Order/Order Response Time for IMA-XML
Results are reported separately for each of the following transaction types: NOTE 1
1. Appointment Scheduling (Due Date Reservation, where appointment is required)
2. Service Availabilty Information
3. Facilty Availability
4. Street Address Validation
5. Customer Service Records
6. Telephone Number
7. Loop Qualification Tools NOTE 2
8. Left intentionally blank to preserve numbering
9. Connecting Facility Assignment NOTE 3
10. Meet Point Inquiry NOTE 4
For PO-1A (transactions via IMA-GUI), in addition to reporting total response time,.
response times for each of the above transactions wil be reported in two parts: (a) time
to access the request screen, and (b) time to receive the response for the specified
transaction. For PO-1A 6, Telephone Number, a third part (c) accept screen, will be
reported.
For PO-1X (transactions via.IMA-XML), request/response wil be reported as a
combined number.
1.
Formula:
PO-1X = -((Query Response Date & Time) - (Query Submission Date & Time)) _(Number of
Queries Submitted in Reportina Period)
Exclusions:
· Reiected reauests/errors, and timed out transactions
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 7
OocuSign Envelope 10: 62856801-CE6B-2A-855F-10FF6E17A878
PO-1 - Pre-orderlOrder Response Times (continued)
Product Reporting: None Standards:IMA-GUI IMA-XML
Total Response Time:
1.Appointment Scheduling .:10 seconds .:10 seconds
2.Service Availabilty .:25 seconds .:25 seconds
Information
3.Facility Availabilty .:25 seconds5.:10 .:25 seconds5
4.Street Address Validation seconds .:10 seconds
5.Customer Service Records .:12.5 seconds5 .:12.5 seconds5
6.Telephone Number .:10 seconds .:10 seconds
7.L~ Qualification Tools . 20 seconds6 .20 secondsNO 2
8.Left intentionally blank to
preserve numbering
9.Connecting Facilty ..25 seconds .25 seconds
Assignment
10. Meet Point Inquiry .30 seconds .30 seconds
Availabilty:Notes:
Available except as specified 1.As additional transactions, currently done manually,. are mechanized,
below:they will be measured and added to or included in the above list of
transactions, as applicable.
PO-1X: Effective with December 2.Results based on a weighted combination of ADSL Loop Qualification
2010 results published in January and Raw Loop Data TooL.
2011 3.Results based on Connecting Facilty Assignmerit by Unit Query.
4.Results based on meet Point Query, POTS Splitter option for Shared
loops.
5.Times reflect non-complex services, including residential, simple
business, or POTS account. Does not include ADSL or accounts~25
lines.
6.Benchmark applies to response time only.Request time and Total
time wil also be reoorted.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 8
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PO~2 - Electronic Flow-through
Purpose:
Monitors the extent Qwests processing of CLEC Local Service Requests (LSRs) is completely
electronic, focusing on the degree that electronically-transmitted LSRs flow directly to the service
. order processor without human intervention or without manual retvinQ.
Description:
PO-2A - Measures the percentage of all electronic LSRs that flow from the specified electronic
gateway interface to the Service Order Processor (SOP) without any human intervention.
. Includes all LSRs that are submitted electronically during the reporting penod, subject to
exclusions specified below.
PO-2B - Measures the percentage of all flow-through-eligible LSRs NOTE 1 that flow from the specified
electronic gateway interface to the SOP without any human intervention.
. Includes all flow-through-eligible LSRs that are submitted electronically during the reporting
period, subiect to exclusions specified below.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC
I Disaggregation Reporting: Statewide level (per multi-aggregate, individual CLEC state system servin a the state).
Formula:
PO-2A = ((Number of Electronic LSRs that pass from the Gateway Interface to the SOP without
human intervention) .. (Total Number of Electronic LSRs that pass through the Gateway
Interface)) x 100
PO-2B =((Number of flow-through-eligible Electonic LSRs that actually pass from the Gateway
Interface to the SOP without human intervention) -(Number of flow-through-eligible
Electronic LSRs received throuQh the Gatewav Interface)l x 100
Exclusions:.Rejected LSRs and LSRs containing CLEC-caused non-fatal errors..Non-electronic LSRs (e.g., via fax or couner)..Records with invalid product codes.
..Records missing data essential to the calculation of the measurement per the PID..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.).Invalid startstop dates/times.
Product Reporting:Standards:.Resale PO-2A:.Unbundled Loops (with or Diagnostic
without Local Number
Portbilty)PO-2B:.Local Number Portability.UNE-P (Centrex 21)Resale:95%
.Line Shanng Unbundled Loops:85%
LNP:95%
UNE.P Centrex 21:95%
Line Shanna:DiaQnostic NVIi:"
Availability:Notes:
Available 1.The list of LSR types classified as eligible for flow through is contained in
the "LSRs Eligible for Flow Through" matn.x. This matnx also includes
availabilty for enhancements to flow through. Matnx wil be distributed
through the CMP process.
2.The standard and future disaggregated reporting of the Line Sharing
product is TBD, pending resolution of TRO issues.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page9
OocuSign Envelope 10: 62856801-CE6B-462A-855F-1 OFF6E17 A878
PO-3 - LSR Rejection Notice Interval
Purpose:
Monitors the timeliness with which Qwest notifes CLECs that electronic and manual LSRs were
reiected.
Description:
Measures the interval between the receipt of a Local Service Request (LSR) and the rejection of the
LSR for standard categories of errors/reasons..Includes all.LSRs submitted through the specified interface that are rejeced during the reporting
period..Standard reasons for rejections are: missinglincomplete/mismatching/unintellgible information,
duplicate request or LSRlPON (purchase order number), no separate LSR for each account
telephone number affected, no valid contract, no valid end user verification, account not working in
Qwest terrtory, service-affecting order pending, request is outside established parameters for
service, and lack of CLEC response to Qwest question for clarification about the LSR..Included in the interval is time required for effort by Qwest to work with the CLEC to avoid the
necessity of rejectng the LSR..With hours: minutes reporting, hours counted are (1) business hours for manual rejects. Business
hours are defined as time during normal business hours of the Wholesale Delivery Service
Centers, except for PO-3C in which hours counted are workweek clock hours.
Reporting Period: One month Unit of Measure:
Hrs: Mins.
Reporting Comparisons:Disaggregation Reporting:
CLEC aggregate and Results for this indicator are reported according to the gateway interface
individual CLEC results used to submit the LSR:.PO-3C, LSRs received via facsimile: Statewide
. PO-3X. LSRs received electnicallv and reiected manually
Formula:
. ((Date and time of Rejection Notice transmittl) - (Date and time of LSR receipt)).. (Total number of
LSR Rejection Notifications)
Exclusions:.Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.).Invalid startstop datesltimes.
Product Reporting: Not applicable (reported by Standards:
ordering interface)..PO-3C:. 24 work week clock
hours.PC-3X .12 business hours
Availabilty:!Notes:
Available, except as specified below:
PO-3X: Combined interface reporting is
effective with December 2010 results published
in January 2011 and until such time that the
aggregated results are provided, reporting wil
be based on the prior PID version.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 10
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PO-4 - LSRs Rejected
Purpose:
Monitors the extent LSRs are rejected as a percentage of all LSRs to provide information to help
address Dotential issues that might be raised bv the indicator of LSR reiection notice intervals.
Description:
Measures the percentage of LSRs rejected (returned to the CLEC) for standard categories of
errors/reasons..Includes all LSRs submitted through the specified interface that are rejected or FOC'd during the
reporting period..Standard reasons for rejections are: missingtincomplete/mismatching/unintellgible information;
duplicate request or LSRlPON (purchase order number); no separate LSR for each account
telephone number affected; no valid contract; no valid end user verification; account not working in
Qwest territory; service-affecting. order pending; request is outside established parameters for
service; and lack of CLEC reSDonse to Qwest ( uestion for clarification about the LSR.
Reporting Period: One month Unit of Measure: Percent of LSRs
Reporting Comparisons: CLEC aggregate and Disaggregation Reporting:
individual CLEC results Results for this indicator are reported according to
the gateway interface used to submit the LSR:
PO-4C LSRs received via facsimile-
Statewide
P0-4X-1, LSRs received electronically and
rejected manually - Statewide
P0-4X-2, LSRs received electronically and
auto-reiected - Statewide
Formula:
((Total number of LSRs rejected via the specified method in the reporting period) . (Total of all LSRs
that are received via the specified interface that were rejeced or FOC'd in the reportng period)) x 100
Exclusions:.Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.).Invalid startstoD dates/times.
Product Reporting: Not applicable (reported by Standard: Diagnostic
orderina interface).
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 11
OocuSign Envelope 1.0: 62856801-CE6B-462A-855F-1DFF6E17A878
PO-5 - Firm Order Confirmations (FOCs) On Time
Purpose:
Monitors the timeliness with which Qwest returns Firm Order Confirmations (FOCs) to CLECs in
response to LSRs/ASRs received from CLECs, focusing on the degree to which FOCs are provided
within soecified intervals.
Description:
Measures the percentage of Firm Order Confirmations (FOCs) that are provided to CLECs within the
intervals specified under "Standards. below for FOC notifications.
. Includes all LSRs/ASRs that are submitted through the specified interface or in the specified
manner (Le., facsimile) that receive an FOC during the reporting period, subject to exclusions
specified below. (Acknowledgments sent separately from an FOC are not included.)
. For PO-SA, the interval measured is the period between the LSR received date/time (based on
scheduled up time) and Qwests response with a FOC notification (notification date and time).
. For PO-58, 5C, and 50, the interval measured is the period betwen the application date and time,
as defined herein, and Qwests response with a FOC notification (notification date and time).
. "Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-XML, (2) that involve
no manual intervention, and (3) for which FOCs are provided mechanically to the CLEC. NQTE 2
. "Electronic/manual. LSRs are received electronically via IMA-GUI or IMA-XML and involve manual
processing.
. "Manual" LSRs are received manually (via facsimile) and processed manually.
. ASRs are measured only in business days.
. LSRs wil be evaluated according to the FOC interval categories shown in the "Standards" section
below, based on the number of lines/services requested on the LSR or, where multiple LSRs from
the same CLEC are related, based on the combined number of lines/services requested on the
related LSRs.
Reporting Period: One month I Unit of Measure: Percent
Reporting Disaggregation Reporting: Statewide level (per multi-state system
Comparisons: CLEC serving the state).
aggregate and individual Results for this indicator are reported as follows:
CLEC resi:lts . PO-SA: * FOCs provided for fully electronic
. PO-58:* FOCs provided for electronic/manual LSRs
. PO.5C:* FOCs provided for manual LSRs received via Facsimile. .
. PO-50: FOCs provided for ASRs requesting LIS Trunks.
* Each of the PO-SA, PO.58 and PO-5C measurements listed above
wil be further disaggregated as follows:
. (a) FOCs provided for Resale services and UNE-P
. (b) FOCs provided for Unbundled Loops and specified
Unbundled Network Elements
. (c) FOCs orovided for LNP
Formula:
PO-SA = ((Count of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR received
date/time (based on scheduled up time))" is within 20 minutes) . (Total Number of original
FOC Notifications transmitted for the servce category in the reporting period)l x 100
PO-58, 5C, & 50 = ((Count of LSRs/ASRs for which the original FOC's "(FOC Notification Date & Time)
- (Application Date & Time)" is within the intervals specifed for the service category involved)
.. (Total Number of original FOC Notifications transmitted for the service category in the
reoortinQ oeriodH x 100
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit 8 December 17, 2010 Page 12
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PO-5 - Firm Order Confirmations (FOCs) On Time (continued)
Exclusions:.LSRs/ASRs involving individual case basis (ICB) handling based on quantities of lines, as specified
in the .Standards" section below, or service/request types, deemed to be projects..Hours on Weekends and holidays. (Except for PO-SA which only excludes hours outside the
scheduled up time)..LSRs with CLEC-requested FOC arrangements different from standard FOC arrangements..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.).Invalid startstop dates/times.
Additional PO-50 exclusion:.Records with invalid a )plication or confirmation dates.
Product Reporting:Standards:
.For PO-SA (all):95% within 20 minutes NU I t: ;¿
.For PO-SA, -5B and .For PO-5B (all):90% within standard FOCintervals
-5C:(specified below)
(a) Resale services .For PO-5C (manual):90% within standard FOC intervalsUNE-P Centrex specified below PLUS 24 hours NOTE 3
(b) Unbundled Loops .For PO-50 (LIS Trunks):85% within eiaht business daysand specified
Unbundled Network Standard FOC Intervals for PO-58 and PO-5CElements.
(c) LNP Product Group NOTE 1 FOC Interval
For PO-50: LIS Resale.Residence and Business POTS 1-39 lines Trunks.ISDN-Basic 1-10 lines.Conversion As Is 24 hours.Adding/Changing features.Add primary directory listing to established loop.Add call appearance
Centrex Non-Design 1-19 lines
with no Common Block Configuration
Centrex line feature changes/adds/removals (all)
LNP 1-24 lines
Unbundled Loops 1-24 loops
2/4 Wire analog
DS3 CapableSub-loop 1-24 sub-loops
(included in Product Reporting group (b))
Line Sharing/Line Splitting/Loop Spliting
1-24 shared loops
nncluded in Product Reportina i:roup (b))
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 13
DocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878
po-s - Firm Order Confirmations (FOCs) On Time (continued)
1-10 lines
1-3
1-24 trnks
1-24
1-24
1-3
2549 lines
48 hours
Resale
Centrex (including Centrex 21, Non-design,
Centrex 21 Basic ISDN, Centrex-Plus,
Centron, Centrex Primes) 1-10 lines
. With Common Block Configuration required
. Initial establishment of Centrex CMS services
. Tie lines or NARs activity
. Subsequent to initial Common Block
. Station lines
. Automatic Route Selection
. Uniform Call Distribution
. Additional numbersUNE.P Centrex 1-10 linesUNE.P Centrex 21 1-10 lines
Unbundled Loops with Facilty ChecktNOTE2,
3) 1 - 24 loops
2/4 wire Non-loaded
ADSL compatible
ISDN capable
XDSL-I capable
DS1 capable
Resale
ISDN-PRI (Truks)
ForPO.5D:
LIS Trunks
Notes:
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 carries a
72-hour FOC interval the FOC results for this product wil
appear in PO-5B if received electronically or PO-5C if received
manually.
3. Unbundled Loop with Facilty Check wil not add an additional
24 hours to the 72-hour interval if the LSR is submitted
manually.
1-12 trunks
1-240 trunk circuits
Availabilty:
Available except as specified
below:
PO-5A & PO-5B: Combined
interface reporting is effective
with December 2010 results
published in January 2011 and
until such time that the
aggregated result are
provided, reporting wil be
based on the orior PID version.
l 72 hours
96 hours
8 business
days
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 14
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PO-6 - Work Completion Notification Timeliness
Purpose:
To evaluate the timeliness of Qwest issuing electronic notification at an LSR level to CLECs that
provisioning work on all service orders that comprise the CLEC LSR have been completed in the
Service Order Processor and the service is available to the customer.
Description:
. Includes all orders completed in the Qwest Service Order Processor that generate completion
notifications in the reporting period, subject to exclusions shown below.
. The start time is the date/time when the last of the service orders that comprise the CLEC LSR is
posted as completed in the Service Order Processor.
. The end time is when the electronic order completion notice is made available NOTE 1 to the CLEC
via the ordering interface used to place the local service request. The notification is made
available at an LSR level when all service orders that comprise the CLEC LSR are complete.
. With hours: minutes reporting, hours counted are during the published Gateway Availabilty hours.
Gateway Availability hours are based on the currently published hours of availabilty found on the
followinQ website: http://ww.Qwest.com/wholesale/cmp/ossHours.html.Reporting Period: I Unit of Measure:One month Hrs:Mins
Disaggregation Reporting: Statewide level.Reporting
Comparisons: CLEC
aggregate and individual
CLEC results.Formula: '
e((Date and Time Completion Notification made available) - (Date and Time the last of the service
orders that comprise the CLEC LSR is completed in the Service Order Processor))e(Number of
completion notifcations made available in reportinQ period)
Exclusions:
. Records with invalid completion dates.
. LSRs submitted manually (e.g., via facsimile).
. ASRs submitted via EXCT.
Product Reporting:
.
I Standard:6 hours
Availabilty:
Available
except as
specified
below:
Notes:
1. The time a notice is "made av.ailable" via the IMA-GUI is the time Qwest stores
a status update related to the completion notice in the IMA Status Updates
database. When this occurs, the notice can be immediately viewed by the
CLEC using the Status Updates window or by using the LSR Notice Inquiry
function. The time a notice is "made available" via the IMA-XML is the time
Qwest makes the completion notice available for XML transmission (push) or
retrieval (pull). When this occurs, the notice can be immediately transmitted by
Qwest or retrieved by the CLEC.
Combined
interface
reporting is
effective with
Dec 2010
results
published in
Jan 2011 and
until such time
that the
aggregated
results are
provided,
reporting wil be
based on prior
PID version.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 15
OocuSign Envelope 10: 62856801-CE6B-42A-855F-1DFF6E17A878
PO-7 - Biling Completion Notification Timeliness
Purpose:
To evaluate the timeliness with which electronic billng completion notifications are made available to
CLECs, focusing on the percentage of notifications that are made available (for CLEes) or posted in
the bilina svstem (for Qwest retaii) wihin five business davs.
Description:
PO-7X:
. This measurement includes all orders posted in the CRIS biling system for which biling completion
notices are made available in the reporting penod, subject to exclusions shown below.
. Intervals used in this measurement are from the time a service order is completed in the SOP to
the time billng completion for the order is made available to the CLEC.
. The time a notice is "made available" via the IMA-GUI consists of the time Qwest stores the
completion notice in the IMA Status Updates database. When this occurs, the notice can be
immediately viewed by the CLEC using the Status Updates window.
. The time a notice is "made available" via the IMA-XML is the time Qwest makes the completion
notice available for XML transmission (push) or retneval (pull). When this occurs, the notice can be
immediately transmitted by Qwestor retneved by the CLEC. Applicable only to those CLECs who
are certified and setup to receive the notices via IMA-XML The start time is when the completion of
the service order is posted in the Qwest SOP. The end time is when, confirming that the order has
been posted in the CRIS billing system, the electronic biling completion notice is made available to
the CLEC via the same ordenng interface as used to submit the LSR.
. Intervals counted in the numerator of this measurement are those that are five business days or
less.
PO-7C:
. This measurement includes all retail orders posted in the CRIS Biling system in the reporting
penod, subject to exclusions shown below.
. Intervals used in this measurement are from the time an order is completed in the SOP to the time
it is posted in the CRIS biling system.
. The start time is when the completion of the order is posted in the SOP. The end time is when the
order is posted in the CRIS billing system. .
. Intervals counted in the numerator of this measurement are those that are five business days or
less.
Reporting Period: One month
I Unit of Measure: Percent
Disaggregation Reporting: Statewide leveL.
. PO-7X Notices made available via IMA-GUI
. PO-7C Biling system posting completions for Qwest Retail
Reporting Comparisons:
PO-7X: CLEC aggregate and
individual CLEC results.
PO-7C: Qwest retail results.
Formula:
For wholesale service orders Qwest generates for LSRs received via IMA:
PO-7X = (Number of electonic biling completion notices in the reporting penod made available
within five business days of pòsting complete in the SOP) - (Total Number of electronic
biling completion notices made available during the reporting penod)
For service orders Qwest generates for retail customers (i.e., the retail analogue for PO-7X):
PO-7C = (Total number of retail service orders posted in the CRIS billing system in the reportng
period that were posted within five business days) -(Total number of retail service
orders posted in the CRIS billing system in the reoortina oenod)
Qwest Idaho SGAT Third Revision. Ninth Amended Exhibit B December 17,2010 Page 16
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PO-7 - Biling Completion Notification Timeliness (continued)
Exclusions:
PO-7C & 7X
. Services that are not biled through CRIS, e.g. Resale Frame Relay.
. Records with invalid completion dates.
PO-7X
. LSRs submitted manually.
. ASRs submitted via EXCT.
Product Reporting:
Not applicable
Availabilty: Notes:
Available, except as specified
below:
¡Standard:
PO-7X: Parity with PO-7C
PO-7X: Combined intenace
reporting is effective with
December 2010 results
published in January 2011 and
until such time that the
aggregated results are
provided, reporting wil be
based on the prior PID version.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 17
OocuSign Envelope 10: 62856801-CE6B-62A855F-1DFF6E17A878
PO-8 - Jeopardy Notice Interval
Purpose:
Evaluates the timeliness of jeopardy notifications, focusing on how far in advance of original due dates
jeopardy notifications are provided to CLECs (regardless of whether the due date was actually
missed).
Description:
Measures the average time lapsed between the date the customer is first notified of an order jeopardy
event and the original due date of the order.
. Includes all orders completed in the reportinQ period that recived jeopardy notifications.
Reporting Period: One month Unit of Measure: Average Business days NUll:'
Reporting Comparisons: CLEC Disaggregation Reporting: Statewide leveL.
aggregate, individual CLEC and Owest (This measure is reported by jeopardy notification process
Retail results as used for the categories shown under Product
Reporting.)
Formula:
(-(Date of the original due date of orders completed in the reporting period that received jeopardy
notification - Date of the first jeopardy notification) _ Total orders completed in the reporting period
that received jeopardy notification)
Exclusions:.Jeopardies done after the original due date is past..Records involving offcial company services..Records with invalid due dates or application dates..Records with invalid completion dates..Records with invalid product codes..Records missina data essential to the calculation of the measurement per the PID.
Product Reporting:Standards:
A Non-Designed Services A Parity with Retail POTS
B Unbundled Loops (with or without B Pariy with Retail POTS
Number Portabilty)
C LIS Trunks C Parity with Feature Group D (FGD) services
Availabilty:Notes:
Available 1. For PO-8A and -D, Saturday is counted as a
business day for all non-dispatched orders for
Resale Residence, Resale Business,), as well as
for the retail analogues specified above as
standards. For dispatched orders for Resale
Residence, Resale Business, and for all other
product reported under PO-8B and -8C,
Saturday is counted as a business day when the
servce order is due on Saturday.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17,.2010 Page 18
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PO-g - Timely Jeopardy Notices
Purpose:
When original due dates are mis~d, measures the extent to which Qwest notifies customers in
advance of ieooardized due dates.
Description:
Measures the percentage of late orders for which advance jeopardy notification is provided..Includes all inward orders (Change, New, and Transfer order types) assigned adue date by
Qwest and which are completed/closed in the reporting period that missed the original due date.
Change order types included in this measurement consist of all C orders representing inward
activity..Missed due date orders with jeopardy notifications provided on or after the original due date is
oast wil be counted in the denominator of the formula but wil not be counted in the numerator..
Reporting Period: One month
I Unit of Measure: Percent
Reporting Comparisons: CLEC Disaggregation Reporting: Statewide leveL.
aggregate, individual CLEC and (This measure is reported by jeopardy notification process as
Qwest Retail results used for the categories shown under Product ReoortinQ.)
Formula:
((Total missed due date orders completed in the reporting period that received jeopardy notification in
advance of original due date)-(Total number of missed due date orders completed in the reporting
period)) x 100
Exclusions:.Orders missed for customer reasons..Records with invalid product codes..Records involving offcial company services..Records with invalid due dates or application dates..Records with invalid completion dates..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID.
Product Reporting:Standards:
A Non-Designed Services A Parity with Retail POTS
B Unbundled Loops (with or without Number B Pariy with Retail POTS
Portabilty)
C LIS Trunks C Parity with Feature Group D (FGD) Services
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 19
OocuSigri Envelope 10; 62856801-CE6B-62A-855F-1DFF6E17A878
PO-15 - Number of Due Date Changes per Order
Purpose:
To evaluate the extent to which Qwest chances due dates on orders.
Description:
Measures the average number Of Qwest due date changes per order..Includes all inward orders (Change, New, and Transfer order'tyes) that have been assigned a
due date in the reporting period subject to the exclusions below. Change order types for
additional lines consist of all .C. orders representing inward actvity..Counts all due date changes made for Qwest reasons following assignment of the original due
date.
Reporting Period: One month
I Unit of Measure: Average Number of Due ~ate Changes.
Reporting Comparisons:Disaggregation Reporting: Statewide leveL.
CLEC aggregate, individual CLEC, and Qwest
retail results.
Formula:
-(Count of Qwest due date changes on all orders) - (Total orders in reporting period)
Exclusions:.Customer requested due date changes..Records involving offcial company services..Records with invalid due dates or application dates..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID.
Product Reporting:Standard:
None Diagnostic
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 20
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PO-16- Timely Release Notifications
Purpose:
Measures the percent of release notifcations for changes to specified OSS interfaces sent by Owest to
CLECs within the intervals and scope specified within the change management plan found on Owests
Change Management Process, (CMP) website at htto:/Iw.awest.com/wholesale/cmo/whatiscmo.html.
Description:
. Measures the percent of release notices that are sent by Owest within the intervals/timeframes
prescribed by the release notification procedure on Owests CMP website. NOTE 1
. Release notices measured are:
. Draft Technical Specifications (for App to App interfaces only);
. Final Technical Specifications (for App to App interfaces only);
. Draft Release Notices (for IMA-GUI interfaces only);
. Final Release Notices (for IMA-GUI interfaces only); and
. OSS Interface Retirement Notices. NOTE 2
. For the following OSS interfaces:
.. IMA-GUI, IMA-XML;
. CEMR;
. Exchange Access, Control, & Tracking (EXCT); NOTE
3
. Electronic Bonding - Trouble Administration (EB _ TA); NOTE 4
. lABS and CRIS Summary Bil Ou~uts; NOTE 5
. Loss and Completion Records; NO E 5
. New OSS interfaces (for introduction notices only.) NOTE 6 ,
. Also included are notifications for connectivity or system function changes to Resale Product
Database.
. Includes OSS interface release notifications by Owest relating to the following products and
service categories: LIS/Interconnection, Collocation, Unbundled Network Elements (UN E),
Ancilary, and Resale Products and Services.
. Includes OSS interface release notifications by Owest to CLECs for the following OSS
functions: Pre-Ordering, Ordering, Provisioning, Repair and Maintenance, and Billing.
. Includes Types of Changes as specified in the "Owest Wholesale Change Management
Process Document" (Section 4 - Types of Changes).
. Includes all OSS interface release notifications pertining to the above OSS systems, subject to
the exclusions specified below.
. Release Notifications sent on or before the date required by the CMP are èonsidered timely. A
release notification "sent date" is determined by the date of the e-mail sent by Owest that provides the
Release Notification. NOTE 7
. Release Notifications sent after the date required by the (CMP) are considered untimely. Release
Notifications required but not sent are considered untimely.
Reporting Period: One month
Reporting Comparisons: CLEC Aggregate
Unit of Measure: Percent
Disaggregation Reporting: Region-wide leveL.
Formula:
((Number of required release notifications for specified OSS interface changes made within the reportng
period that are sent on or before the date required by the change management plan (CMP) . Total
number of required release notifications for specified OSS interface changes within reporting period))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 where Owest and CLECs aaree, throuah the CMP, that notification is unnecessarv.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 21
OocuSign Envelope 10: 62856801-CE6B-62A-855F-1DFF6E17A878
PO-16 Timely Release Notifications (continued)
Product Reporting:None Standards:
Vol. 1-10: No more than one
untimely notification
Vol. ;: 10: 92.5% timelv notifications
Availabilty:
Available
Notes:
1. The Qwest Wholesale Change Management Process Document specifies the
intervals for release notifications by tye of notification. These intervals are
documented in the change management plan.
2. The documents described in secon "9.0 - Retirement of Existing OSS
Interfaces" of the RQwest Wholesale Change Management Process Document"
as "Initial Retirement Notice" and "Final Retirement Notice."
3. EXACT is a Telecordia system. Only release notifications for changes initiated
by Qwest for hardware or connectivity wil be included in this measurement.
4. EB-TA is the same system as MEDIACC.
5. CRIS, lABS, and Loss and Completions wil adhere to the notification intervals
documented in section 8.1 - Changes to Existing Application to Application
Interface.
6. The documents described in secton "7.0 - Introduction of New OSS Interface" of
the "Qwest Wholesale Change Management Process Document" as "Initial
Release Announcement and Preliminary Implementation Plan" (new App to App
only), "Initial Interface Technical Specification" (new App to App only), "Final
Interface Technical Specifications (new App to App only), "Release Notification"
(new GUI only). CMP notices for "Introduction of a New OSS" are to be included
in this measurement even though the new system is not explicitly listed in the
"Description" section of this PID. However, once implemented, the system will
not be added to the measurement for purposes of measuring release, change
and retirement notifications unless specifically incorporated as an authorized
change to the PID.
7. The intervals used to determine timeliness are based on CMP guidelines.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 22
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PO-19 - Stand-Alone Test Environment (SATE) Accuracy
Purpose:
Evaluates Qwests abilty to provide accurate production-like tests to CLECs for testing new releases in
the SATE and croduction environments.
Description:
PO.19X
. Measures the percentage of test transactions that conform to the test scenarios published in the IMA
XML Data Document - for the Stand Alone Test Environment (SATE) that are successfully executed
in SATE at the time a new IMA Release is deployed to SATE
. Includes one test transaction for each test scenario published in the IMA XML Data Document - for
the Stand Alone.Test Environment (SATE).
. Test transactions 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 XML Data Document - for the Stand Alone Test
Environment (SATE).
. The successful execution of a transaction is determined by the Qwest Test Engineer according to:
. The expected results of the test scenario as described in the IMA XML Data Document - for the
Stand Alone Test Environment (SATE) and the XML disclosure document.
. The transactions strict adherence to business rules published in Qwests most current IMA XML
Disclosure Documentation for each release and the associated Addenda. NOTE 1
. For this measurement, Qwest wil execute the test transactions in the Stand-Alone Test Environment.
. Release related test transactions wil be executed when a full or point release of IMA is installed
in SATE. These transactions will be executed within five business days of the numbered release
being originally installed in SATE. This five-business day period wil be referred to as the "Testing
Window."
. Test transaction results wil be reported by release and included in the Reporting Period during which
the release transactions or mid-release test transactions are completed.
PO.19B
. Validates the extent that SATE mirrors production by measuring the percentage of IMA XML test
transactions that produce comparable results in SATE and in production.
. Transactions counted as producing comparable results are those that return correctly formatted
data and fields as specified in the release's XML disclosure document and developer worksheets
related to the IMA release being tested.
. Comparabilty will be determined by evaluating the data and fields in each XML message for the
test transactions against the same data and fields for Preorder queries, LSRs, and
Supplementals, and returned as Query Responses, Acknowledgements, Firm Order
Confirmations (FOCs) for flow-through eligible products, and rejects.
. Test transactions are executed one time for each new major IMA release within 7 days after the IMA
release.
. Test transactions consist of a defined suite of Product/Activity combinations. Qwests three
regions wil be represented. NOTE 2
. Pre-order, Order, and Post-order transactions (FOCs for flow-through product) are included.
. With respect to the comparabilty of the structure and content of results from SATE and production
environments, this measurement focuses only on the validity of the structure and the validitr of the
content, per developer worksheets and WSDLs distributed as part of release notifications. OTE 3
Reporting Period: Unit of Measure: Percent
One month (for those months in which release-
related test transactions are completed)
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 23
OoëuSign Envelope 10: 62856801-CE6B-462A-855F.10FF6E17A878
Reporting Comparisons: None
PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued)
Disaggregation Reporting:
PO-19X - Reported separately for each release tested
in the reporting period
PO-19B - None
c::s.
tt:.;:'1
Formula:
PO-19X
((Total number of successfully completed SATE test transactions executed for a Softare Release in
the Reporting Period) - (Total number of SATE test trnsactions executed for each Softare Release
completed in the Reporting Period)) x 100
PO-19B
((Total number of completed IMA XML test trnsactions executed in SATE and production that
produce comparable results for each new major IMA Softare Release completed in the Reporting
Period) + (Total number of completed IMA EDI test transactions executed in SATE and production for
each new major IMA Softare Release completed in the Reporting Period)) x 100
Exclusions:
For PO-19B:
. Transactions that fail due to the unavailabilty of a content item (e.g., TN exhaustion in SATE or the
production environment) or a function in the SATE or production environments (e.g., address
validation query or CSR query) that is unsuccessful due to an outage in systems that interface with
IMA-xml (e.g., PREMIS or SIA).
. Transactions that fail because of differences betwen the production and SATE results 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 between
production IMA and SATE caused bv SATE releases packaged pursuant to CMP decisions.Product Reporting: None Standard:
PO-19X - 95% for each release tested
PO-19B - 95%
Notes:
1. Transactions that are executed and found to
have inconsistencies with the data and format
rules wil be corrected and rerun. Rerun
volumes wil not be counted in the denominator
for PQ-19. Such corrections and re-executions
are intended to enforce strict adherence to
business rules published in Qwests most
current IMA XML Data and Disclosure
Documents.
2. The product and activity combinations that
make lip the test decks for PO-19B wil be
updated after each major IMA softare release
and provided to CLECs with the publication of
IMA XML Draft Interface Technical
Specifications for the next major IMA softare
release as defined in the CMP process. All
combinations with XML transaction volumes :;
100 in the previous 12-month period will be
included in the test deck. 75 days prior to the
execution of the test, Qwest wil run a query
against IMA to determine which combinations
meet the criteria for inclusion (Le., volumes :;
100).
3. The intent of this provision is to avoid including
the effects of circumstances beyond the SATE
environment that could cause differences in
SATE and production results that are not due
Availabilty:
Available, except as specified below:
PO-19X: Combined interface reporting is effective
with December 2010 results published in January
2011 and until such time that the aggregated
results are provided, reporting wil be based on the
prior PID version.
.
Page 24
~.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010
OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878
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PO-19 Stand-Alone Test Environment (SATE) Accuracy (continued)
to problems in mirroring production. For
example, because of real-time data
manipulation in production, an appointment
availabilty query transaction in SATE wil not
return the same list of available appointments
as in production. Available appointments in
production are fully dependent on real-time
activities that ocur there, whereas available
appointments in SATE are based on a pre-
defined list that is representative of production.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 25
I!
OoeuSign Envelope 10: 62856801-CE6B-42A-855F-10FF6E17A878
PO-20 (Expanded) - Manual Service Order Accuracy
Purpose:
Evaluates the degree to which Owest accurately procsses CLECs' Local Service Requests (LSRs), which
are electronically-submittèd and manually proessed by Owest, into Owest Service Orders, based on
mechanized compansons of specifed LSR-Servce Order fields and focusing on the percentage of manually-
processed Service Orders that are accurate/errr-free.
Description:
Measures the percentage of manually-processed Owest Service Orders that are populated correctly, in
specified data fields, with information obtained from CLEC LSRs.
. Includes only Service Orders created from CLEC LSRs that Owest receives NOTE 1 electronically (via IMA-
GUI or IMA-XML) and manually processes in the creation of Service Orders, regardless of flow through
eligibility, subject to exclusions specified below.
. Includes only Service Orders, from the prouct reportng categones specified below, that request inward
line or feature activity (Change, New, and Transfer order tyes), are assigned a due date by Owest, and
are completed/closed in the reporting penod. Change Service Order types 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 crtena 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 compansons of this measurement determine that the fields
specified in the Service Order Fields Evaluated section below (when the source fields have been properly
populated on the LS~) are all accurate on the Service Order. An inward feature Service Order wil be
classified as "accurate" if the fields specified in the Service Order Fields Evaluated section below (when
the source fields have been properly populated on the LSR) are all accurate on the Service Order and if
no CLEC notifications to the call center have generated call center tickets coded to LSRlSO mismatch for
that order.
. Service Orders will be counted as being accurate if the contents of the relevant fields, as recorded in
the completed Service Orders involved in provisioning the servce, properly mçitch or correspond to
the information from the specified fields as provided in the latest version of associated LSRs.
. Service orders generated from LSRs receiving a PIA (Provider Initiated Activity value wil be counted
as being accurate if .each and every mismatch has a correc and corresponding PIA value.
. Service Orders, including those otherwse considered accurate under the above-descnbed
mechanized field comparison, wil not be counted as accurate if Owest corrects errors in its Servce
Order(s) as a result of contacts received from CLECs no earlier than one business day prior to the
original due date.
Reporting Period: One month, reported in Unit of Measure:
arrears (Le., results first appear in reports one
month later than results for measurements that are
not reported in arrears), in order to exclude Service
Orders that are the subject of call center tickets
counted in OP-5B and OP-5T, as having new
service problems attbuted to Service Order errors.
Percent
Reporting Comparisons:
CLEC Aggregate and individual CLEC
Disaggregation Reporting:
Statewide Level
Formula:
((Number of aècurate, evaluated Service Orders) . (Number of evaluated Service Orders completed in
the reporting period)) x 100
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 26
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PO-20 (Expanded) - Manual Service Order Accuracy (continued)Exclusions: ..
. Service Orders that are the subject of call center tickets counted in OP-5B and OP-5T as having new
service problems attributed' to Service Order errors.
. Cancelled Service Orders.
. Service Orders that cannot be matched to a corresponding LSR
. Records missina data essential to the calculation of the measurement per the PID.Product Reporting: Standard:. Resale and UNE-P (Centrex.21) 95%
. Unbundled Loops (Analog and Non-Loaded 214-wire, DS1
Capable, DS3 and higher Capable, ADSL Compatible,
XDSL-I Capable, ISDN-BRI Capable)
Availabilty:
Available, except as specified below:
Notes:
1. To be included in the measurement, Service
Orders created from CLEC LSRs must be
received and completed in the same version of
IMA-GUI or IMA-XML.
2. Consists of all manually-processed, qualifying
Service Orders per product reporting category
specified above, from throughout Owests 14-
. state local service region.
Inclusion of XML reporting is effective with
December 2010 results published in January 2011
and until such time that the XML results are
provided, reporting wil be ,based on the prior PID
version.
LSR-5ervice 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 Carner CCNA field of LSR form compared to the RSID/ZCID field
Name identifier in the Extended ID section of the Service Order.
Abbreviation
PON Purchase Order PON field of LSR form compared to the PON field in Bil
Number Section of the Service Order.
DITSENT Date and time The DITSENT field of LSR form from the Firm Order
sent Manager, using applied business day cut-off rules and
business typing rules, and compare to the APP (Application
Date) used on the Service Order.
CHC Coordinated Hot Applies only to Unbundled Loop.
Cut Requested Validate that the installation USOC used on the Service
LSR Order matches the Coordinated Cut request. (Evaluated in
conjunction with the TEST field to determine correct USQC.)
TEST Testing required Applies only to Unbundled Loop.
Validate that the installation USOC used on the Service
Order matches the TEST request. (Evaluated in conjunction
with the CHC field to determine correct USOC.)
NC Network Channel Applies only to Unbundled Loop. NC field on the LSR form
Code compared to provisioning USOC for CKL 1 on the Service
Order.
NCI Network Channel Applies only to Unbundled Loop NCI field on the LSR form
Interface Code compared to provisioning USOC for CKL 1 on the Service
Order.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 27
OocuSign Envelope 10: 62856801-CE6B-462A-855F-1DFF6E17A878
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:
LSR Field
Form Code LSR Field Name Remarks/Service Order Field:
SECNCI Secondary Applies only to Unbundled Loop orders.
Network Channel SECNCI field 'On the LSR form compared to the provisioning
Interface Code USOC for CKL2 on the Service Order.
PIC InterLAT A Pre-PIC field on Resale or Centrex form compared to PIC
subscription populated on the "I" or "r" action lines in the Service and
Indicator Code Equipment section of the Service Order.
Note:
LSR PiC = None; S.O. PIC = None
Resale or LPIC IntraLA T A Pre-LPIC field on Resale or Centrex form compared to lpic
Centrex subscription populated on the "I" or "T" action lines in the Service and
Indicator Code Equipment section of the Service Order.
Note:
LSR LPIC = None; S.O. LPIC = 9199
LSR LPIC = DFLT; S.O. LPIC = 5123
TNS Telepho'ne Validate that all telephone numbers in the TNS fields in the
Numbers Service Details section on the Resale or Centrex form
reauirina inward activitv are addressed on the Service Order.
FAJ Feature When the FA = N, T, V
FEATURE Activity/Feature Validate line and feature USOCs provided in the FEATURE
Codes field on the Resale or Centrex form are addressed with "I"
Resale and/or "r" action lines on the Service Order.
or Note: Comparison will be based on the USOCs associated
Centrex with line and feature activity listed in the PO-20 USOC List
posted on Qwests public website, on the web,page
containing the current PID
ww.qwest.com/wholesale/results). Qwest may add USOCs
to the list, delete grand-fathered! discntinued or obsolete
USOCs, or update USOCs assigned to listed descriptions by
providing notice in the monthly Summary of Notes and
uodating the list.
LS ECCKT Exchange Applies to LSRs with ACT = C (only when NC code has not
Company Circuit changed, M, or T.
ID
ECCKT field on the LS form compared to the CLS field in the
Service and Equipment section of the Service Order.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17; 2010 Page 28
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OocuSign Envelope 10: 62856801-CE6B-462A-855F-1DFF6E17 A878.
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PO-20 (Expanded) - Manual Service Order Ac~uracy (continued)
LSR-5ervice Order Fields Evaluated
Mechanized comDarison of the fields from the Service Order to the LSR:
LSR Field
Form Code LSR Field Name Remarks/Service Order Field:
LS/CFA Connecting CFA field on the LS or LSNP forms compared to the CFA
LSNP Facilty field used in CKL 1 of the Service Order. (Verbal acceptance
Assignment of CFA changes wil be FOC'd and PIA'd, which wil account
for the mismatch and eliminate it as an error in the PO-20
calculation.
LTY Listing Type L TY = 1 (Listed - appears in DA and the directory.) Validate
that there is a LN in the List section of the Service Order.
L TY = 2 (Non Listed - appears only in DA.) Validate that
there is non listing instructions in the LN field in the List
section of the Service Order.
CentrallWestern Region: Validate that the left handed field
is NLST and (NON-LIST) is contained in the NLST data field
in the List section of the Service order.
Eastern Region: Validate that the left handed field is NL
and (NON LIST) is contained in the NL data field in the List
,section of the Service Order.
L TY =3 (Non Pub - does not appear in the directory and
telephone number does not appear in DA.) Validate that
there is non published instructions in the LN field in the List-section of the Service Order.II CentrallWestern Regions: Validate that the left handedClcElfield is NP and (NON-PUB) is contained in the NP data field
.. .o in the List section of the Servce Order.
oS c Eastern Region: Validate that the left handed field is NPII .-
Cl CI and (NP LODA) or (NP NODA) is contained in the NP data
c :E field in the List section of the Service Order.:¡ iã.! u TOA Type of Account Validate TOA entres (only reviewed when BRO field on DL.o 0
~~form is not populated):
S oS .TOA valid entries are B or RPu ::Validate that there is a semi colon (;) within the LN in the!-._ c List section of the Service Order.co
I "0-.TOA valid entries are R or BP
.o S Validate that there is a comma (,) within the LN in the ListQ CI::section of the Service Order.iã
~Exception: When LSR-TOS = 3, TOA review is Not-Applicable. Handled by Complex Listing Group. Requires
seoarate Service Order.
DML Direct Mail List DML field = 0 on DL form; Service Order LN contains
(OCLS),
NOSL No Solicitation Arizona Only
Indicator NOSL field = Y on DL form; Service Order LN contains
(NSOi) (OCLS),
TMKT Telemarketing Colorado Only
TMKT field = 0 on DL form; Service Order LN contains
(OATD).
When both the DML and the TMKT fields are populated, DML
validation applies.
LNLN and Listed Name LNLN and LNFN fields on DL form compared to the LN field
LNFN in the List section of the Service Order.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 -Page 29
OocuSign Envelope 10: 62856801.CE6B-42A-855F.1DFF6E17A878
PO-20 (Expanded) - Manual Service .Order Accuracy (continued)
LSR-5ervice Order Fields Evaluated
Mechanized comparison of the fields from the Service Order to the LSR:
LSR Field
Form Code LSR Field Name Remarks/Service Order Field:
ADI Address Indicator ADI = 0 on DL form; Service Order LA contains (OAD).
LAPR Listed Address LAPR field of the Listing form compared to LA in the List
Number Prefix section of the Service Order.
LANO Listed Address LAO field of the Listing form compared to LA in the List
Number section of the Service Order.
LASF Listed Address LASF field of the Listing form compared to LA in the List
Number Suffx section of the Service Order.
LASD Listed Address LASD field of the Listing form compared to LA in the List
Street Directional secon of the Service Order.
LASN Listed Address LASN field of the Listing form compared to LA in the List
Street Name secon of the Service Order.
LATH Listed Address LATH field of the Listing form compared to LA in the List
Street Type section of the Service Order..
LASS Listed Address LASS field of the Listing form compared to LA in the List
Street Directional section of the Service Order.
Suffx ..
LALOC Listed Address LALOC field of the Listing form compared to LA in the List
Localitv section of the Service Order.
LSR DSPTCH Dispatch Limited to Unbundled Loops where ACT = Z or V only.
If DSPTCH field on the LSR form = Y, validate dispatch
USOC in the Service and Equipment section of the Service
Order.
LTC Line Treatment Applies only to Centrex 21
Code LTC field numeric value on the Centrex form compared to the
data following the CAT field for the Line USOC on the
Centrex Service Order.
COS Class of Service ' Applies only to Centrex 21.
- Owest Specific COS field of the Centrex form compared to the CS field in the
10 section of the Service Order.
Resale FEATURE Feature Details As specified in Appendix A of the 14 State Working PID.
or DETAILS Comparison would be based on the fields associated with the
Centrex USOC list referenced under Feature Activitv above.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B Decmber 17, 2010 Page 30
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PO-20 (Expanded) - Manual Service Order Accuracy (continued)
LSR-Service Order Fields Evaluated
Mechanized comparison of the fields from the Service Order to the LSR:
Form
Resale
or
Centrex
LSR Field
Code LSR Field Name
BLOCK Blocking Type
(Stage 1)
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 wil only validate
based on BA/BLOCK fields and wil 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 associated with the
TNS for that LNUM.i \If BLOCK contains B, validate FlO TBE B is present on the
service order floated behind line USOC associated with the
TNS for that LNUM.
If BLOCK contains C, validate FlO TBE C is present on the
service order floated behind line USOC associated with the
TNS for that LNUM.
DFDT
If BLOCK contains H, validate FlO BLKD is present on the
service order floated behind line USOC associated with the
TNS for that LNUM.
Desired Frame Applicable only to orders for Resale and UNE.P (Centrex 21)
Due Time DFDT field on the LSR form compared to the FDT field in the
Extended 10 section of the Service Order.
Desired Due DOD field from the last FOC'd LSR compared to the original
Date or last subsequent due date in the Extended 10 section on
the Service Order when no CFLAG/PIA is present on the
FOC. (Le. Evaluation includes recognition of valid differences
between DOD and Servce Order based on population of the
CFLAG/PIA field on the LSRC (FOC))
Listed Telephone For Resale and UNE.P (Centrex 21):
Number LTN field on the Listing form compared to the Main Account
Number of the Service Order.
DOD
LSR
LTNIIg) ~ íic .e g)¡ :;.5
:: 'E ûi~ o::oË'tc+. 0 Ql.-u.. '1 lIl! :::iÕ iü iüi ~ g LNPL,. -,.c
For Unbundled Loop: L TN field on the Listing form compared
to the TN floated after the LN in the Listing section of the
Service Order.
Letter Name LNPL field on the Listing form = L, validate that LN on the
Placement Service Order follows letter placement versus word
olacement.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 31
OocuSign Envelope 10: 62856801-eE6B-462A-855F-10FF6E17A878
Ordering and Provisioning
OP-2 - Calls Answered within Twenty Seconds - Interconnect Provisioning Center
Purpose:
Evaluates the timeliness of CLEC access to Qwests interconnection provisioning center(s) and retail
customer access to the Business Offce, focusing on the extent calls are answered within 20 seconds.
Description:
Measures the percentage of (Interconnection Provisioning Center or Retail Business Offce) calls that
are answered by an agent within 20 seconds of the first ring..Includes all calls to the Interconnect Provisioning Center/Retail Business Offce during the
reporting period, subject to exclusions specified below..Abandoned calls and busy calls are counted as calls which are not answered within 20 seconds..First ring is defined as when the customer's call is first placed in queue by the ACD (Automatic
Call Distributor).,
.Answer is defined as when the call is first picked up by the Qwest aoent.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Region-wide leveL.
Qwest Retail results
Formula:
((Total Calls Answered by Center within 20 seconds) -(Total Calls received by Center)) x 100
Exclusions: Time spent in the VRU Voice Response Unit is not counted.
Product Reporting: Not applicable Standard: Parity
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 32
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OP-3 - Installation Commitments Met
Purpose:
Evaluates the extent to which Owest installs services for Customers bv the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
. All inward orders (Change, New, and Transfer order types) assigned a due date by Owest and
which are completed/closed dunng the reportng period are measured, subject to exclusions
specified below. Change order types included in this measurement consist òf all Corders
representing inward activity. Also included are orders with customer-requested due dates longer
than the standard intervaL. .
. Completion date on or before the Applicable Due Date recorded by Owest is counted as a met due
date. T.he Applicable Due Date is the onginal due date or, if changed or delayed by the customer,
the most recently revised due date, subject to the following: If Owest changes a due date for Owest
reasons, the Applicable Due Date is the customer-initiated due date, if any, that is (a) subsequent to
the onQinal due date and (b) pnorto a Owest-initiated, chanQed due date, if anv.
Reporting Period: One month T Unit of Measure: Percent
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: . Results for product/services listed in Product Reporting under "MSA-Type
CLEC aggregate, Disaggregation" wil be reported according to orders involving:
individual CLEC OP-3A Dispatches within MSAs;
and Owest Retail OP-38 Dispatches outside MSAs; and
results OP-3C No dispatches.
. Results for product/services listed in Product Reporting under .Zone-type
Disaggregation" will be disaggregated according to installations:
OP-3D In Interval Zone 1 areas; and
OP-3E In Interval Zone 2 areas.
Formula:
((Total Orders completed in the reporting period on or before the Applicable Due Date). (Total Orders
Completed in the Reporting Penod)) x 100
Exclusions:
. Disconnect, From (another form of disconnect) and Record order types.
. Due dates missed for standard categones of customer and non-Owest reasons. Standard
categones of customer reasons are: previous service at the location did not have a customer-
requested disc~:mnect order issued, no access to customer premises, and customer hold for
payment. Standard categones of non-Owest reasons are: Weather, Disaster, and Work Stoppage.
. Records involving offcial company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the PID.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit 8 December 17, 2010 Page 33
OocuSign Envelope 10: 62856801-CE6B-42A-855F-10FF6E17A878
OP - 3 Installation Commitments Met (continued)
Product Reporting:Standards:
MSA.Tvoe Disaaareaation..Resale
Residential single line service Parity with retail service
Business sinQle line service Parity with retail service
Centrex Parity with retail service
Centrex 21 Parity with retail service
DSO (non-desiQned provisioninQ)Parity with retail service
PBX Trunks (non-desiQned provisionina)Parity with retail service
Primary ISDN (non-designed provisioning)Parity with retail service
Basic ISDN (non-desiQned provisioninQ)Parity with retail service.Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Parity with retail Centrex
lUNE-P) (Centrex).Line Splitting 95%
.Loop Splitting Nun::,Diagnostic
.Line Sharing 95%
..
-Loop Unbundling CO: 90%
All Other States: DiaQnostic
Zone. Tvoe Disaaareaation .
.Resale
Primary ISDN (desiQned provisionina)Parity with retail service
Basic ISDN ldesianed provisionina)Paritv with retail service
DSO ldesianed provisioning)Parity with retail service
DS1 Parity with retail service
PBX Trunks ldesiQned provisionina)Parity with retail service
DS3 and higher bit-rate servces Parity with retail service
laQQreaatef
Frame Relav Paritv with retail service.LIS Trunks Parity with Feature Group D (aggregate).Unbundled Dedicated Interoffce Transport (UDm
UDIT - DS1 level Parity with retail DS1 Private Line
UDIT - Above DS1 level Parity with retail Private Lines above DS 1 level
Dark Fiber - IOF Diaanostic.Unbundled Loops:
AnaloQ Loop 90%
Non-loaded Loop (2-wire)90%
Non-loaded Loop (4-wire)Parity with retail DS 1 Private Line
DS 1-capable Loop Parity with retail DS1 Private Line
xDSL-1 capable Loop 90%
ISDN-capable Loop Parity with retail ISDN BRI (desianed)
ADSL-Qualified Loop 90%
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private
(aggregate)Line services (aQQreQate)
Dark Fiber - Loop Diaanostic
Loops with Conditioning 90%.E911/911 Trunks Parity with retail E911/911 Trunks
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 34
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OP - 3 Installation Commitments Met (continued)
.Enhanced Extended Loops (EELs) - (050 WA:90%
level)All Other States: Diagnostic.Enhanced Extended Loops (EELs) - (051 90%level) ..Enhanced Exended Loops (EELs) - (053 WA:90%
level)All Other States: Diagnostic
Availabilty:Notes:
Available 1.Reporting wil begin at the time CLECs order the product, in any quantity, for
three consecutive months.
Owest Idaho 5GAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 35
OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878
OP-4 - Installation Interval
Purpose:
Evaluates the timeliness of Qwests installation of services for customers, focusing on the average
time to install service.
Description:
Measures the average interval (in business days) NOTE 1 between the application date and the
completion date for service orders accepted and implemented.
. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Owest and which are completed/closed during the reporting period, subject to exclusions specified
below. Change order types for additional lines consist of all C orders representing inward activity.
· Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
. The Applicable Due Date is the original due date or, if changed or delayed by the customer, the
most recently revised due date, subject to the following: If Owest changes a due date for Owest
reasons, the Applicable Due Date is the customer-initiated due date, if any, that is (ab subsequent
to the original due date and (b) prior to a Owest-initiated, changed due date, if any. N TE2
. Time intervals associated with customer-initiated due date changes or delays occurring after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest
Owest-initiated due date, if any, followin~ the Applicable Due Date, from the subsequent
customer-initiated due date, if any. NOTE
Reporting Period: One month .1 Unit of Measure: Average Business Days
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: . Result for productservices listed in Product Reporting under "MSA- Type
CLEC Disaggregation" wil be reported according to orders involving:
aggregate, OP-4A Dispatches within MSAs;
individual CLEC OP-4B Dispatches outside MSAs; andand Owest OP-4C No dispatches.
Retail results . Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be disaggregated according to installations:
OP-4D In Interval Zone 1 areas; and
OP-4E In Interval Zone 2 areas.
Formula:
-((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date
and the Applicable Date) - (Time intervals associated with customer-initiated due date changes or
delays occurring after the Applicable Due Date)) -Total Number of Orders Completed in the reporting
period
Explanation: The average installation interval is derived by dividing the sum of installation intervals for
all orders (in business days) NOTE 1 bv total number of service orders completed in the reportinçi period.
Exclusions:
. Orders with customer requested due dates greater than the current standard intervaL.
· Disconnect, From (another form of disconnect) and Record order types.
. Records involving offcial company services.
· Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
· Records missina data essential to the calculation of the measurement per the PID.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 36
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OP-4 - Installation Interval (çontinued)
Product Reporting:I Standards:
MSA-Tvee Disaaareaation-I.Resale
Residential sini:le line service Parity with retail service
Business sini:le line servce Parity with retail service
Centrex Parity with retail service
Centrex 21 Parity with retail servce
DSO (non-desii:ned provisioning)Parity with retail service
PBX Trunks (non-designed provisioning)Parity with retail service
Primary ISDN (non-designed Parity with retail service
provisioning)v
Basic ISDN (non-desii:ned provisionini:)Paritv with retail serVice.Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Parity with retail Centrex
(UNE-P) (Centrex).Line Splitting 3.3 days.LOOD Splitting NV li:: ~Diagnostic.Line Sharing 3.3 days.Sub-Loop Unbundling CO: 6 days
All other States: Diagnostic
Zone-Tyee Disaaareaation -.Resale
Primary ISDN (designed provisionini:)Parity with retail service
Basic ISDN(desii:ned provisionini:)Parity with retail service
DSO (desii:ned provisionini:)Paritv with retail servce
DS1 Parity with retail service .
PBX Trunks (designed provisionini:)Parity with retail service
DS3 and higher bit-rate services Parity with retail service
(aggregatef
Frame Relay Pariy with retail service.LIS Trunks Parity with Feature Group 0 (aggregate)
.Unbundled Dedicated Interoffce Transport (UDIT)
UDIT - DS1 level.Parity with DS1 Private Line Service
UDIT - Above DS1 level Parity with Private Lines above DS11evei
Dark Fiber - IOF Diagnostic.Unbundled Loops:
Analog Loop 6davs
Non-loaded Loop (2-wire)6davs
Non-loaded Loop (4-wire)Parity with retail DS 1 Private Line
OS 1-eapable Loop Idaho, Iowa, Montana, Nebraska, North
Dakota, Oregon, Wyoming: Parity with retail
DS1 Private Line
Arizona, Colorado, Minnesota, New Mexico,
South Dakota, Utah, Washington: 5.5 days
xDSL-1 capable Loop 6davs
ISDN-capable Loop Parity with retail ISDN BRI (desia'ned)
ADSL-Qualified Loop 6davs
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services
(aggregate)(ai:i:reQate)
Dark Fiber - Loop Diagnostic
Loops with Conditioning 15 days.E911/911 Trunks Parity with retail E911/911 Trunks
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 37
OocuSign Envelope 10: 62856801-CE6B-62A-855F-1DFF6E17 A878
OP-4 - Installation Interval (continued) ·
.Enhanced Extended Loops (EELs) - (DSO Diagnostic
level).Enhanced Extended Loops (EELs) - (DS1 6 days
level)
.Enhanced Extended Loops (EELs) - (DS3 Diagnostic
level)
Availabilty:Notes:
Available 1.For OP-4C, Saturday is counted as a business day for all orders for
Resale Residence, Resale Business âs well as for the retail "
analogues specified above as standards. For all other products
under OP-4Cand for all product under OP-4A, -4B, -40, and -4E.
Saturday is counted as a business day when the service order is
due or completed on Saturday.
2.According to this definition, the Applicable Due Date can change,
per successive customer-initiated due date changes or delays, up
to the point when a Qwest-initiated due date change occurs. At
that point, the Applicable Due Date becomes fixed (Le., with no
further changes) as the date on which it was set prior to the first
Qwest-initiated due date change, if any. Following the first Qwest-
initiated due date change, any further customer-initiated due date
changes or delays are measured as time intervals that are
subtracted as indicated in the formula. These delay time intervals
are calculated as stated in the description. (Though infrequent, in
cases where multiple Qwest-initiated due date changes occur, the
stated method for calculating delay intervals is applied to each pair
of Qwest-initiated due date change and subsequent customer-
initiated due date change or delay. The intervals thus calculated
from each painng of Qwest and customer~initiated due dates are
summed and then subtracted as indicated in the formula.) The
result of this approach is that Qwest-initiated impacts on intervals
are counted in the reported interval, and customer-initiated impacts
. on intervals are not counted in the reported intervaL.
3.Reporting wil begin at the time CLECs order the product, in any
quantity, for three consecutive months.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 38
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OP-5 - New Service Quality
Purpose:
Evaluates the quality of ordering and installng new services (inward line service orders), focusing on the
percentage of newly-installed service orders that are free of CLEC/customer-initiated trouble report during
the provisioning process and within 30 calendar days following installation completion, and focusing on the
Quality of Owests resolution of such conditions with respect to multiple reoorts.,
Description:
Measures two components of new service provisioning quality (OP-5A and -58) and also reports a combined
result (OP-5T), as described below, each as a percentage of all inward line service orders completed in the
reporting period that are free of CLEC/customer-reported provisioning and repair trouble reports, as
described below. Also measures the percentage of all provisioning and repair trouble reports that constitute
multiple trouble reports for the affected service orders. (OP-5R)
. Orders for new services considered in calculating all components of this penormance 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. Ghan~e order types considered in these
measurements consist of all C orders representing inward activity. OTE 1
. Orders for new service installations include conversions (Retail to CLEC, CLEC to CLEC, and same
CLEC converting between products).
. Provisioning or repair trouble reports include both out of service and other service affecting conditions,
such as features on a line that are missing or do not function properly upon conversion, subject to
exclusions shown below.
Op.SA: New Service Installation Quality Reported to Repair .
. Measures the percentage of inward line service orders that are free of repair trouble reports NOTE 2
within 30 calendar days of installation completion, subject to exclusions below.
. Repair trouble reports are defined as CLEC/customer notifications to Owest of out-of-service and
other service affecting conditions for which Owest opens repair tickets in its maintenance and repair
management and tracking systems NOTE 3 that are closed in the reporting period or the following
month, NOTE 4 subject to exclusions shown below. NOTE 5
. Owest is able to open repair tickets for repair trouble reports received from CLECs/customers once
the service order is completed in Owests systems.
OP-5B: New Service Provisioning Quality
. Measures the percentage of inward Ii(le service orders that are free of provisioning trouble reports
during the provisioning process and within 30 calendar days of installation completion, subject to
exclusions shown below.
. Provisioning trouble report are defined as CLEC notifications to Owest of out of service or other
service affecting conditions that are attibutable to provisioning activities, including but not limited to
LSRlservice order mismatches and conversion outages. For provisioning trouble reports, Owest
creates call center tickets in its call center database. Subject to exclusions shown below, call center
tickets closed in the reporting period or the following month NOTE 4 are captured in this measurement.
Call center tickets closed to Network reasons wil not be counted in OP-58 when a repair trouble
report for that order is captured in OP-5A. NOTE 5, 6
OP-ST: New Service Installation Quality Total
. Measures the percentage of inward line service orders that are free of repair or provisioning trouble
reports during the provisioning process and within 30 calendar days of installation completion, subject
to exclusion shown below.
OP.SR: New Service Quality Multiple Report Rate
. Evaluates the quality of Owests responses to repair and provisioning trouble report for inward line
service orders completed in the reporting period. This measurement reports, for those service orders
that were not free of repair or provisioning trouble reports in OP-5A or OP-58, the percentage of
trouble reports affecting the same service orders that were followed by additional repair and
provisioning trouble report, as specified below.
. Measures the percentaae of all reoair arid orovisionina trouble reoorts considered in OP-5A and
Owest Idaho SGATThird Revision, Ninth Amended Exhibit 8 December 17, 2010 Page 39
OocuSign Envelope 10: 62856801-CE6B-462A-855F-1DFF6E17A878
op- 5 - New Service Qualitv (continued)
OP-5B that are additional repair or provisioning trouble reports received by Qwest for the same
service order during the provisioning process or within 30 calendar days following installationcompletion. .
. Additional repair or provisioning trouble report are defined as all such reports that are received
following the first report (whether the first report is represented by a call center ticket or a repair
ticket) relating to the same service order during the provisioning process or within 30 calendar days
following installation completion. In all cases, the trouble reports counted are those that are defined
for OP-5A and OP-5B above. NOTE 7
"":"1.
t(H:J
Reporting Period: One month, reported in arrears (Le., results first appear
in reports one month later than results for measurements that are not
reported in arrears), in order to cover the 30-day period following installation.
Reporting Comparisons: CLEC aggregate, I Disaggregation Reporting: Statewide level
individual CLEC and Qwest Retail results
Formulas:
OP.5A = (Number inward line service orders completed in the reporting period - Number of inward line
service orders with any repair trouble report as specifed above) . (Number of inward line service
ordêrs completed in the reporting period) x 100
Unit of Measure:
Percent
OP-5B = (Number of inward line service orders completed in the reporting period - Number of inward line
service orders with any provisioning trouble reports as specifed above). (Number of inward line
service orders completed in the reporting period) x 100 ,
OP.5T = ((Number of inward line service orders completed in the reporting period) - Number of inward line
service orders with repair or provisioning trouble reports as defined above under OP-5A or OP-5B,
as applicable). (Number of inward line service orders completed in the reporting period) x 100
OP.5R = (Number of all repair and provisioning truble reports, relating to inward line service orders closed in
the reporting period as defined above under OP-5A or OP-5B, that constitute additional repair and
provisioning trouble report, within 30 calendar days following the installation date -Number of all
repair and provisioning trouble report relating to inward line service orders closed In the reporting
period, as defined above under OP-5A or OP-5B) x 100
Exclusions:
Applicable to OP-5A. OP-5T and OP-5R:
· Repair trouble reports attributable to CLEC or coded to non-Qwest reasons as follows:
· For products measured from MTAS data, repair trouble reports coded to disposition codes for:
. Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous-
Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider); and
Reports from other than the CLEC/customer that result in a charge if dispatched.
· For product measured from WFA (Workorce Administrtion) data, repair reports coded to codes for:
· Carrier Action (IEC); Customer Provided Equipment (CPE); Commercial power failure; Customer
requested service order activity; and Other non-Qwest.
· Repair reports coded to disposition codes for referral to another department (Le., for non-repair ticket
resolutions of non-installation-related problems, except cable cuts, which are not excluded).
Applicable to OP-5B. OP-5T and OP-5R only:
. Provisioning trouble reports attributable to CLEC or non-Qwest causes.
· Call center tickets relating to activities that occur as part of the normal process of conversion (Le., while
Qwest is actively and properly engaged in process of converting or installng the service). Provisioning
trouble reports involving service orders that, at the time of the calls, have fallen out for manual handling
and been disassociated from the related service order, as applicable, wil be considered as not in the
normal process of conversion and wil not be excluded.
Applicable to OP-5A. OP-5B, OP-5T and OP-5R:
. Repair or provisioning trouble report related to service orders captured as misses und.er measurements
OP-13 (Coordinated Cuts Timeliness) or OP-17 (LNP Timeliness).
· Subseauent repair or provisioninr: trouble report of any trouble on the installed service before the
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 40
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OoèuSign Envelope 10: 62856801-CE6B-2A-855F-10FF6E17A878.
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op- 5 - New Service Qualitv (continued)
original repair or provisioning trouble report is closed.
. Service orders closed in the reporting period with App Dates earlier than eight months prior to the
beginning of the reporting period.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Disconnect, From (another form of disconnect) and Record order types. When out of service or service
affecting problems are reported to the call center on conversion and move requests, the resulting call
center ticket wil be included in the calculation of the numerator in association with the related inward
order type even when the call center ticket reflects the problem was caused by the Disconnect or From
order.
. Records involving offcial Qwest company services.
Records missinQ data essential to the calculation of the measurement as defined herein.
Product Reporting Categories: Standards:
. As specified below - one OP-5A:
percentage result reported for OP-5B:
each bulleted category under OP-5T:
the sub-measurements shown. OP-5R:
Parity with retail service
96.5%
Diagnostic
Diagnostic for six months following first reportng.
Possible standard (TBD)
(Where parity comparisons involve multiple service varieties in a
product category, weighting based on the retail analogue volumes may
be used if necessary to create a comparison that is not affected by
different proportions of wholesale and retail analogue volumes in the
same reportinQ cateQorv.)
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 41
OocuSign Envelope 10: 62856801-CE6B-62A-855F-1DFF6E17A878
op- 5 - New Service Quality (continued)
Product Reporting:Standards:
ReDorted under OP-5A. OP-5B OP-5T and OP-5R:
OP-5A OP-5B OP.5T &
OP-5R
Resale
Residential single line Parity with retail service 96.5%Diagnostic
service
Business single line Parity with retail service 96.5%Diagnostic
service
Centrex Pari v with retail service 96.5%Diaonostic
Centrex 21 Pari v with retail service 96.5%Diaonostic
PBX Trunks Pari v with retail servce 96.5%Diagnostic
Basic ISDN Pari v with retail servce 96.5%Diaonostic
Primary ISDN Pari v with retail servce 96.5%Diaonostic
DSO Paritv with retail service 96.5%Diagnostic
DS1 Parity with retail service 96.5%Diaonostic
DS3 and higher bit-Parity with retail service 96.5%Diagnostic
rate services
(aaareaate)
Frame Relay Parity with retail service Diaonostic Diaonostic.Unbundled Network Parity with retail Centrex 96.5%Diagnostic
Element - Platform 21 -
(UNE-P) (Centrex 21 ).Unbundled Network Parity with retail Centrex 96.5%Diagnostic
Element - Platform
(UNE-P) (Centrex)
Line Splitting Parity with retail RES &96.5%Diagnostic
BUS POTS
Loop Splittino IW i co 0 Diaanostic Diaanostic Diagnostic
Line Sharing Parity with retail RES &96.5%Diagnostic
BUS POTS
Sub-Looo Unbundlina Diagnostic Diaonostic Diagnostic
Unbundled Loops:
Analog Loop Parity with retail Res &96.5%Diagnostic
Bus POTS with disoatch
Non-loaded Loop (2-Parity with retail ISDN 96.5%Diagnostic
wire)BRI idesianed)
Non-loaded Loop (4- Parity with retail DS1 96.5%Diagnostic
wire)
DS 1-capable Looo Paritv with retail DS1 96.5%Diagnostic
xDSL-1 capable Loop Parity with retail DS1 96.5%Diagnostic
Private Line
ISDN-capable Loop Parity with retail ISDN 96.5%Diagnostic
BRI idesioned)
ADSL-qualified Loop Parity with retail ISDN 96.5%Diagnostic
BRI idesioned)
Loop types of DS3 and Parity with retail DS3 96.5%Diagnostic
higher bit-rates and higher bit-rate
(aaareaate)services (aooreoate)
Dark Fiber - Loop Diaanostic Diaanostic Diaonostic
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 42
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OocuSign Envelope 10: 62856801-CE6Bc462A-855F-1DFF6E17A878.
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op- 5 - New Service Qualitv (continued).Enhanced Extended Loops Diagnostic until volume 96.5%Diagnostic
(EELs) - (DSO level)criteria are met
.Enhanced Extended Loops Parity with retail DS1 96.5%Diagnostic
(EELs) - (DS1 level)Private Line.Enhanced Extended Loops Diagnostic until volume 96.5%Diagnostic
(EELs) - (above DS1 criteria are met
level)
ReDorted under OP.5A and under OP-5R (Der OP.5A sDecifications\:
OP.5A OP-5R.LIS Trunks Parity with Feature Diagnostic
Group D (aaareaate)
Unbundled Dedicated Interoffce Transoort (UDIT)
UDIT (DS1 Level)Parity with Retail Private Diagnostic
Lines (DS1)
UDIT (Above DS1 Level)Parity with Retail Private Diagnostic
Lines (Above DS1 level)
Dark Fiber - IOF Diaanostic Diaanostic.E911/911 Trunks Parity with Retail Diagnostic
E911/911 Trunks
Availabilty:Notes:
1.The specified Change order types representing inward activity exclude Change
Available orders that do not involve installation of lines (in both wholesale and retail results).
Specifically this measurement does not include changes to existing lines, such as
number changes and PIC changes.
2.Including consideration of repeat repair trouble reports (Le., additional 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 determination of whether the newly-installed line/circuit
was trouble free within 30 days of installation.
3.Qwests repair management and tracking systems consist of WFA (Work Force
Administration), MTAS (Maintenance Tracking and Administration System), and
successor repair systems, if any, as applicable to obtain the repair report data for
this measurement. Not included are Call Center Database systems supporting call
centers in logging calls from customers regarding problems or other inquiries (see
OP-58 and OP-5T).
4.The "following month" includes also the period of a few business days (typically four
or five) afterward; up to the time when Qwest pulls the repair data to begin
processing results for this measurement.
5.Includes repair and provisioning trouble reports generated by new processes that
supersede or supplement existing processes for submiting repair and provisioning'
trouble reports as specified in Qwests documented or agreed upon procedures.
6.For purposes of calculating OP-58, a call center ticket for multiple orders with
provisioning trouble reports wil result in all orders reporting trouble counting as a
miss in OP-58. If a repair trouble report(s) is received for the same orders, the
number of orders counted as a miss in OP-58 for Network reasons wil be reduced
by the number of orders with repair troubles counted as a miss in OP-5A.
7.OP-5R will be counted on a per ticket basis.
8.Reporting wil begin at the time CLECs order the product, in any quantity, for three
consecutive months.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit 8 December 17, 2010 Page 43
OocuSign Envelope 10: 62856801-CE6B-462A-85F-10FF6E17A878
OP-6 - Delayed Days
Purpose:
Evaluates the extent Qwest is late in installng services for customers, focusing on the average number of
days that late orders are comoleted beyond the commited due date.
Description:
OP-6A - Measures the average number of business days NOTE 1 that service is delayed beyond the
Applicable Due Date for non-facilty reasons attbuted to Qwest.
. Includes all inward orders (Change, New, and Transfer order types) that are
completed/closed during the reporting period, later, due to non-facilty reasons, than the
Applicablê Due Date recorded by Qwest, subject to exclusions specified below.
OP-6B - Measures the average number of business days NOTE 1 that service is delayed beyond the
Applicable Due Date for facilty reasons attributed to Qwest.
. Includes all inward orders (Change, New, and Transfer order types) that are
completed/closed during the reporting period later due to facility reasons than the original
due date recorded by Qwest, subject to exclllsions specified below.
"~",,,.(,-,)
For both OP-6A and OP-6B:
. Change order types for additional lines consist of "C" orders representing inward activity.
. The Applicable Due Date is the original due date or, if changed or delayed by the customer, the most
recently revised due date, subject to the following: If Qwest changes a due date for Qwest reasons,
the Applicable Due Date is the customer-initiated due date, if any, that is (a) subsequent to the
original due date and (b) prior to a Qwest-initiated, changed due date, if any. NOTE 2 .
. Time intervals associated with customer-initiated due date changes or delays occurring after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest Qwest-
initiated due date, if any, following the Applicable Due Date, from the subsequent customer-initiateddue date, if any. NOTE 2 .
Reporting Period: One month I Unit of Measure: Average Business Days
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: . Results for products/services listed under Product Reporting under "MSA-type
CLEC aggregate, Disaggregation" wil be reported for OP-6A and OP-6B according to ordersindividual CLEC involving:
and Qwest Retail 1. Dispatches within MSAs;
results 2. Dispatches outside MSAs; and
3. No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be disaggregated according to installations:
4. In Interval Zone 1 areas; and
5. In Interval Zone 2 areas.
Formula:
OP-6A = e((Actual Completion Date of late order for non-facilty reasons) - (Applicable Due Date of late
order) - (Time intervals associated with customer-initiated due date changes or delays
occurring after the Applicable Due Date)) . (Total Number of Late Orders for non-facilty
reasons completed in the reporting period)
OP-6B = -((Actual Completion Date of late order for facilty reasons) - (Applicable Due Date of late
order))- (Time intervals associated with customer-initiated due date changes or delays
occurring after the Applicable Due Date).. (Total Number of Late Orders for facilty reasons
completed in the reporting period)
Qweslldaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 44 .
OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878
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op- 6 - Delaved Davs (continued)
Exclusions:.Orders affected only by delays that are solely for customer and/or CLEC reasons..Disconnect, From (another form of disconnect) and Record order types..Records involving offcial company services..Records with invalid due dates or application dates..Records with invalid completion dates..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID.
Product Reporting:I Standards:
MSA. Tvoe Dlsaaareaation .I.Resale
Residential single line service Parity with retail service
Business single line service Parity with retail service
Centrex Parity with retail service
Centrex 21 Parity with retail service
DSO (non-designed provisioning)Parity with retail service
PBX Trunks (non-desii:ned provisionini:)Parity with retail servce
Primarv ISDN (non-desianed orovisioning)Parity with retail service
Basic ISDN (non-designed provisioning)Parity with retail service.Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Network Element - Platform Parity with retail Centrex
(UNE-P) (Centrex).Line Splittini:Parity with retail Res and Bus POTS.Loop Splitting NU I i: ;,Diagnostic.Line Sharing Parity with retail Res and Bus POTS.Sub-Loop Unbundling Diagnostic
Zone.tvoe Dlsaaareaation ..Resale
Primarv ISDN (desii:ned orovisionina)Parity with retail service
Basic ISDN (designed provisionini:)Parity with retail service
DSO (desii:ned provisionini:)Parity with retail service
DS1 Paritv with retail service
PBX Trunks (desianed provisioning)Parity with retail service
DS3 and higher bit-rate services Parity with retail servce
(aaareaate)
Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group D (aggregate).Unbundled Dedicated Interoffce Transport (UDIT
UDIT - DS1 level Parity with retail DS1 Private Line- Service
UDIT -Above DS11evei Parity with retail Private Line- Services above DS1
level
Dark Fiber - IOF Diagnostic.Unbundled Looos:
Analog Loop Parity with retail Res and Bus POTS with disoatch
Non-loaded Loop (2-wire)Parity with retail ISDN BRI (designed)
Non-loaded Looo (4-wire)Parity with retail DS 1 Private Line
DS1-capable Loop Parity with retail DS 1 Private Line
xDSL-1 capable Loop Parity with retail ISDN BRI designed
ISDN-capable Looo Parity with retail ISDN BRI desii:ned
ADSL-qualifed Loop Parity with retail ISDN BRI desianed
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private
(aggregate)Line services (aggregate)
Dark Fiber - Loop Diaanostic
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 45
OocuSignEnvelope 10: 62856801-CE6B-462A-855F-1 OFF6E17A878
OP-6 - Delaved Davs (continued)
.E911/911 Trunks Parity with retail E911/911 Trunks.Enhanced Extended Loops (EELs) - (DSO Diagnostic
level)
.Enhanced 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, as well as for the
retail analogues specified above as standards. For all other products
under OP-6A-3 and OP-6B-3, and for all products under OP-6A-1, -
6A-2, -6A-4, -6A-5, -6B-1, -68-2, -68-, and -6B-5, Saturday is
counted as a business day when the service order is due or
completed on Saturday.
2.According to this definition, the Applicable Due Date can change, per
successive customer-initiated due date changes or delays, up to the
point when a Qwest-initiated due date change occurs. At that point,
the Applicable Due Date becomes fixed (Le., with no further changes)
as the date on which it was set prior to the first Qwest-initiated due
date change, if any. Following the first Qwest-initiated due date
change, any further customer-initiated due date changes or delays are
measured as time intervals that are subtracted as indicated in the
formula. These delay time intervals are calculated as stated in the
description. (Though infrequent, in cases where multiple Qwest-
initiated due date changes occur, the stated method for calculating
delay intervals is applied to each pair of Qwest-initiated due date
change and subsequent customer-initiated due date change or delay.
The intervals thus calculated from each pairing of Qwest and
customer-initiated due dates are summed and then subtracted as
indicated in the formula.) The result of this approach is that Qwest-
initiated impacts on intervals are èounted in the reported interval, and
customer-initiated impact on intervals are not counted in the reported
intervaL.
3.Reporting wil begin at the time CLECs order the product, in any
Quantitv, for three consecutive months.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 46
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OocuSignEnvelope 10: 62856801-CE6B-462A-855F-1DFF6E17A878.
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OP-7 - Coordinated "Hot Cut" Interval - Unbundled Loop
Purpose:
Evaluates the duration of completing coordinated Mhot cuts" of unbundled loops, focusing on the time
actuallv involved in disconnectino the loop from the Owest network and connectina/testina the loop.
Description:
Measures the average time to complete coordinated "hot cuts' for unbundled loops, based on intervals
beginning with the "lift" time and ending with the completion time of Owests applicable tests for the
loop..Includès all coordinated hot cuts of unbundled loops that are completed/closed during the
reporting period, subject to exclusions specified below.."Hot cut" refers to moving the service of existing customers from Owests switch/frames to the
CLEC's equipment, via unbundled loops, that wil serve the customers.."Lift" time is defined as when Owest disconnects the existing loop.."Completion time" is defined as when Owest completes the applicable tests after connecting the
loop to the CLEC.
Reporting Period: One month
I Unit of Measure: Hours and Minutes
Reporting Comparisons: CLEC Disaggregation Reporting: Statewide leveL.
aggregate and individual CLEC
results
Formula:
-(Completion time - Lift time)e(Total Number of unbundled loops with coordinated cutovers
completed in the reporting period)
Exclusions:.Time intervals associated with CLEC-caused delays..Records missing data essential to the calculation of the measurement per the PID..Invalid startstop dates/times or invalid scheduled date/times.
Product Reporting: Coordinated Unbundled Standard:
Loops - Reported separately for:CO: 1 hour.Analog Loops All Other States: Diagnostic in light of OP-13
.. All other Loop Types (Coordinated Cuts On Time)
Availabilty:Notes:
Available
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 47
OocuSign Envelope 10: 62856801-CE6B-42A-855F~1DFF6E17 A878
OP-8 - Number Portabilty Timeliness
Purpose:
. Evaluates the timeliness of cutovers of local number portabiltv (LNP).
Description:
OP-8B - LNP Timeliness with Loop Coordination (percentl: Measures the percentage of coordinated
LNP triggers set prior to the scheduled start time for the loop..All orders for LNP coordinated with unbundled loops that are completed/closed during
the reporting period are measured, subject to exclusions specified below.
OP-8C - LNP Timeliness without Loop CoordinSition (percent): Measures the percentage of LNP
triggers set prior to the Frame Due Time or sceduled start time for the LNP cutover as
applicable..All orders for LNP for which coordination with a loop was not requested that are
completed/closed during the reporting period are measured (including standalone LNP
coordinated with other than Qwest-provided Unbundled Loops and non-coordinated,
standalone LNP), subject to exclusions specified below..For purposes of these measurements (OP-8B and -8C), "trigger" refers to the "10-digit
unconditional trigger" or Line Side Attribute (LSA) that is set or translated by Qwest.."Scheduled start time" is defined as the confirmed appointment time (as stated on the FOC), or a
newly negotiated time. In the case of LNP cutovers coordinated with loops, the scheduled time
used in this measurement wil be no later than the "lay" time for the loop.
Reporting Period: One month Unit of Measure: Percent of triggers set on time
Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Stat!'wide 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 actvations coordinated with unbundled loops completed)) x 100
OP-8C = ((Number of LNP triggers set before the Frame Due Time or Scheduled Start Time) . (Total
Number of LNP activations without loop cutovers completed)) x 100
Exclusions:.CLEC-caused delays in trigger settng..LNP requests that do not involve automatic triggers (e.g., DID lines without separate, unique
telephone numbers and Centrex 21)..LNP requests for which the records used as sources of data for these measurements have the
following types of errors:.Records with no PON (purchase order number) or STATE..Records where triggers cannot be set due to switch capabilties..Records with invalid due dates, application dates, or start dates..Records with invalid completion dates..Records missing data essential to the calculation of the measurement per the PID..Invalid startstop dates/times or invalid frame due or scheduled date/times.
Product Reporting: None Standard:95%
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 48
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OocuSignEnvelope 10: 6285601-CE6Èl-462A-855F-1DFF6E17 A878.
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OP-13 - Coordinated Cuts On Time - Unbundled Loop
Purpose:
Evaluates the percentage of coordinated cuts of unbundled loops that are completed on time, focusing
on cuts completed within one hour of the committed order due time and the percent that were startedwithout CLEC aooroval. .
Description:
. Includes all LSRs for coordinated cuts of unbundled loops that are completed/closed during the
reporting period, subject to exclusions specified below.
. OP-13A - Measures the percentage of LSRs (CLEC orders) for all coordinated cuts of unbundled
loops that are started and completed on time. For coordinated loop cuts to be counted as "on
time" in this measurement, the CLEC must agree to the start time, and Owest must (1) receive
verbal CLEC approval before starting the cut or lifting the loop, (2) complete the physical work and
appropriate tests, (3) complete the Owest portion of any associated LNP orders and (4) call the
CLEC with completion information, all within one hour of the time interval defined by the
committed order due time.
. OP-138 - Measures the percentage of all LSRs for coordinated cuts of unbundled loops that are
actually started without CLEC approvaL.
. "Scheduled start time" is defined as the confirmed appointment time (as stated on the FOC), or a
newly negotiated appointment time.
. The "committed order due time" is based on the number and type of loops involved in the cut and
is calculated by adding the applicable time interval from the following Ust to the scheduled start
time:
. Analog unbundled loops:1 to 16 lines: 1 Hour
17 to 24 lines: 2 Hours
25+ lines: Project*
. All other unbundled loops:1 to 5 lines: 1 Hour
6 to 8 lines: 2 Hours
9 to 11 lines: 3 Hours
12 to 24 lines: 4 Hours
25+ lines: Project*
*For Project scheduled due dates and scheduled start times wil be negotiated between CLEC
and Owest, but no committed order due time is established. Therefore, projects are not includedin OP-13A (see exclusion below). .
. "Stop" time is ~efined as when Owest notifies the CLEe that the Owest physical work and the
appropriate tests have been successfully accomplished, including the Owest portion of any
coordinated LNP orders.
. Time intervals following the scheduled start time or during the cutover process associated with
customer-caused delays are subtracted from the actual cutover duration.
. Where Owests records of completed coordinated cut transactions are missing evidence of CLEC
approval of the cutover, the cut wil be counted as a miss under both OP-13A and OP-138.Reporting Period: One month I Unit of Measure: Percent
Reporting Comparisons: CLEC Disaggregation Reporting: Statewide leveL.
aggregate and individual CLEC Results for this measurement wil, be reported according to:results OP-13A Cuts Completed On Time
OP-138 Cuts Started Without CLEC Aooroval
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit 8 December 17, 2010 Page 49
OocuSign Envelope 10: 62856801-CE6B-462A-855F-1DFF6E17A878
OP-13 - Coordinated Cuts On Time - Unbundled Loop (continued)
Formula:
OP-13A = ((Count of LSRs for Coordinated Unbundled Loop cuts completed .On Time") . (Total
Number of LSRs for Coordinated Unbundled Loop Cuts completed in the reporting period))
x 100
OP-13B = ((Count of LSRs for Coordinated Unbundled Loop cuts whose actual start time occurs
without CLEC approval) .. (Total Number of LSRs for Coordinated Unbundled Loop Cuts
completed in the reporting period)) x 100
Exclusions:
Applicable to OP-13A:
... Loop cuts that involve CLEC-requested non-standard methodologies, processes, or timelines.
OP-13A & OP-13B:
. Records with invalid completion dates.
· Records missing data essential to the calculation of the measurement per the PID which are not
otherwise designated to be .counted as a miss".
. Invalid startstop dates/times or invalid scheduled dateltmes.
. Proiects involvina 25 or more lines.
Product Reporting: Coordinated Unbundled
Loops - Reported separately for:
. Analog Loops
... All Other Loops
Standards:
OP.13A:
AZ: 90 Percent or more
All Other States: 95 Percent or more
Availabilty:
OP.13B: Diagnostic
Notes:
Available
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 50
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OocuSign Envelope 10: 628568D1-CE6B-462A-855F-10FF6E17A878.
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OP-15 - Interval for Pending Orders Delayed Past Due Date
Purpose:
Evaluates the extent to which Owests pending orders are late, focusing on the average number of days the
pending orders are delaved oast the Applicable Due Date, as of the end of the reoortino oeriod.
Description:
OP-15A - Measures the average number of business days that pending orders are delayed beyond the
Applicable Due Date for reasons attributed to Owest..Includes all pending inward orders (Change, New, and Transfer order types) for which the Applicable
Due Date recorded by Owest has been missed, subject to exclusions specified below. Change order
types included in this measurement consist of all .C' orders representing inward activity..The Applicable Due Date is the original due date or, if changed or delayed by the customer, the most
recently revised due date, subject to the following: If Owest changes a due date for Owest reasons, the
Applicable Due Date is the customer-initiated due date, if any, that is ~a) subsequent to the original due
date and (b) prior to a Owest-initiated, changed due date, if any. NOTE ..Time inlervals associated with customer-initiated due date changes or delays occurring after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest Owest-
initiated due date, if any, following the Applicable Due Date, from the subsequent customer-initiated due
date, if any. NOTE 1
OP-15B - Reports the number of pending orders measured in the numerator of OP-15A that were delayed
for Owest facilty reasons.
.
Reporting Period: One month Unit of Measure:
OP-15A - Average Business Days NOTE 2
OP-15B - Number of orders oendino facilties
Reporting Comparisons:Disaggregation Reporting:
CLEC aggregate, individual CLEC, Owest retail Statewide
Formula:
OP-15A =-((Last Day of Reporting Period) - (Applicable Due Date of Late Pending Order) - (Time
intervals associated with customer-initiated due date changes or delays occurring after the
Applicable Due Date)) -(Total Number of Pending Orders Delayed for Owest reasons as of the
last day of Reporting Period)
OP-15B = Count of pending orders measured in numerator of OP-15A that were delayed for Owest facilty
reasons
Exclusions:
.. Disconnect, From (another form of disconnect) and Record order types.
. Records involving offcial company services.
. Records with invalid due dates or application dates.
. Records with invalid prOduct codes.
. Records missino data essential to the calculation of the measurement oer the PID.
Owest Idaho SGAT Thir.d Revision, Ninth Amended Exhibit B Decmber 17, 2010 Page 51
DocuSign Envelope 10: 62856801-eE6B-462A-855F-1DFF6E17A878
OP-15 -Interval for Pending Orders Delayed Past Due Date (continued)
Product Reporting:Standards: OP-15B = diagnostic only
For OP-15A:
. Resale
Residential sinQle line service
Business sinQle line service
Centrex
Centex 21
DiaQnostic Exoectation: Parity with retail service
Diaanostic Expectation: Paritv with retail service
Diaanostic Expecttion: Parity with retail service
Diaanostic Exoection: Parity with retail service
.
PBX Trunk
Basic ISDN
Primary ISDN
DSO
DS1
DS3 and higher bit-rate services
(aQQreQatef
Frame Relav
Unbundled Network Element - Platform
(UNE-P) (Centrex 21 )
Unbundled Network Element - Platform
(UNE-P) (Centrex)
Line Splitting
Diaanostic Expection: Paritv with retail service)
Diaanostic Exoectation: Parity with retail service
Diaanostic Expecttion: Parity with retail service
Diaanostic Exoecttion: Parity with retail service
DiaQnostic Exoectation: Parity with retail service
Diagnostic (Expectation: Parity with retail service)
Diaanostic Expectation: Paritv with retail service)
Diagnostic (Expectation: Parity with retail Centrex 21)
.. Diagnostic (Expectation: Parity with retail Centrex)
.Diagnostic (Expectation: Parity with retail Res and
Bus POTSl
Diagnostic
Diagnostic (Expectation: Parity with retail Res andBusPOTSl.
Diagnostic
Diagnostic (Expecttion: Parity with Feature Group D
(aaareaate)) (separatelv reoorted)
Unbundled Dedicated Interoffce Transport (UDm
UDIT - DS1 level Diagnostic (Expectation: Parity with DS1 Private
Line- Service)
Diagnostic (Expectation: Parity with Private Line-
Services above DS1 leven
Diaanostic
.Loop Splittina NOTE 3
Line Sharing.
.Sub-Loop UnbundlinQ
LIS Trunks.
.
UDIT - Above DS1 level
.Dark Fiber - IOF
Unbundled Loops:
Analog Loop Diagnostic (Expecttion: Parity with retail Res and
Bus POTS with dispatch)
Diagnostic (Expectation: Parity with retail ISDN BRI
(desianed);
Diaanostic Exoectation: Paritv with retail DS1)
Diaanostic Expectation: Parity with retail DS 1)
Diagnostic (Expectation: Parity with ISDN BRI
(desianed))
Diagnostic (Expectation: Parity with retail ISDN BRI
(desianed)l
Diagnostic (Expectation: Parity with retail DS3 and
hiaher bit-rate servces (aaareaate)
Diaanostic
Diagnosc (Expectation: Parity with retail E911/911
Trunks)
Diagnostic
Non-loaded Loop (2-wire)
Non-loaded Loop (4-wire) .
DS1-capable Loop
ISDN-capable Loop
ADSL-qualified Loop
.
Loop types of DS3 or higher bit rate
(aaareaate)
Dark Fiber - Loop
E911/911 Trunks
.Enhanced Extended Loops (EELs)
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 52
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OP-15 -Interval for Pending Orders Delayed Past Due Date (continued)
Availabilty:
Available
Notes:
1. According to this definition, the Applicable Due Date can change, per
successive customer-initiated due date changes or delays, up to the point
when a Qwest-initiated due date change occurs. At that point, the Applicable
Due Date becomes fixed (Le., with no further changes) as the date on which it
was set prior to the first Qwest-initiated due date change, if any. Following
the first Qwest-initiated due date change, any further customer-initiated due
date changes or delays are measured as time intervals that are subtracted as
indicated in the formula. These delay time intervals are calculated as stated
in the description. (Though infrequent, in cases where multiple Qwest-
initiated due date changes occur, the stated method for calculating delay
intervals is applied to each pair of Qwest-initiated due date change and
subsequent customer-initiated due date change or delay. The intervals thus
calculated from each pairing of Qwest and customer-initiated due dates are
summed and then subtracted as indicated in the fomiula.) The result of this
approach is that Qwest-initiated impacts on intervals are counted in the
reported interval, and customer-initiated impacts on intervals are not counted
in the reported intervaL.
2. For OP-15A, Saturday is counted as a business day for all non-dispatched
orders for Resale Residence, Resale Business, as well as for non-dispatched
orders in the retail analogues specified above as standards. For all other
non-dispatched products and for all dispatched products under OP-15A,
Saturday is not counted as a business day.
3. Reporting wil begin at the time CLECs order the product, in any quantity, for
three consecutive months.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 53
DocuSign Envelope 10: 62856801-CE6B-62A-855F-1DFF6E17A878
OP-17 - Timeliness of Disconnects associated with LNPOrders
Purpose:
Evaluates the quality of Owest completing LNP telephone number porting, focusing on the degree to
. which portini: occurs without implementini: associated disconnects before the scheduled time/date.
Description:
OP.17A
. Measures the percentage of all LNP telephone numbers (TNs), both stand alone and associated with
loops, that are ported without the incidence of disconnects being made by Owest before the
scheduled time/date, as identified by associated qualifyng trouble reports.
. Focuses on disconnects associated with timely CLEC requests for delaying the disconnects or no
requests for delays.
. The scheduled time/date is defined as 11 :59 p.m. on (1) the due date of the LNP order recorded
by Owest or (2) the delayed disconnect date requested by the CLEC, where the CLEC submits a
timely request for delay of disconnection.
. A CLEC request for delay of disconnection is considered timely if received by Owest before 8:00
p.m. MT on the current due date of the LNP order recorded by Owest.
OP.17B
. Measures the percentage of all LNP telephone numbers (TNs), both stand alone and associated
with loops, that are ported without the incidence of disconnects being made by Owest before the
scheduled time/date, as identified by associated qualifying trouble reports.
. Includes only disconnect associated with untimely CLEC requests for delaying the
disconnects.
. A CLEC request for delay of disconnection is considered "untimely" if received by Owest
after 8:00 p.m. MT on the current due date of the LNP order recorded by Owest and before
12:00 p.m. MT (noon) on the day after the current due date.
. Disconnects are defined as the removal of switch translations, including the 10-digit trigger.
. Disconnects that are implemented early, and thus counted as a "miss. under this measurement, are
those that the CLEC identifies as such to Owest via trouble reports, within four calendar days of the
actual disconnect date, that are confirmed to be caused by disconnect being made before the
scheduled time.
. Includes all CLEC orders for LNP TNs completed in the reporting period, subject to exclusions
specified below.Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC Aggregate Disaggregation Reporting: Statewide
and Individual CLEC
Formula:
((Total number of LNP TNs ported pursuant to orders completed in the reporting period - Number of TNs
with qualifying trouble reports notifng Owest that disconnection before the scheduled time has occurred)
. Total Number of LNP TNs ported pursuant to orders completed in the reporting period) x 100
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 54
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OP-17 - Timeliness of Disconnects associated with LNP Orders (continued)
Exclusions:
OP-17Aonly
. Trouble reports notifying Qwest of early disconnects associated with situations for which the CLEC
has failed to submit timely requests to have disconnects held for later implementation.
OP.17A& B
. Trouble reports not related to valid requests (LSRs) for LNP and associated disconnects.
. LNP requests that do not involve automatic triggers (e.g., DID lines without separate, unique TNs,
and Centrex 21).
. Records with invalid trouble receipt dates.
. Records with invalid cleared, closed or due dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the PID.
OP.17B only
. Trouble reports notifying Qwest of early disconnects associated with situations for which the CLEC
did not submit its untimely requests by 12:00 p.m. MT (noon) on the day after the LNP due date to
have disconnects held for later implementation.
Product Reporting: LNP Standards:
OP-17A- 98.25%
OP-17B - Diagnostic only, in light of its measuring
only requests for delay of disconnect
that are defined as untimelv.
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 55
OocuSign Envelope 10: 62856801-CE6B-2A-855F-1DFF6E17A878
Maintenance and Repair
MR-2 - Calls Answered within 20 Seconds - Interconnect Repair Center
Purpose:
Evaluates Customer access to Qwests Intercnnecton and/or Retail Repair Center(s), focusing on
the number of calls answered within 20 seconds.
Description:
Measures the percentage of Interconnection and/or Retail Repair Center calls answered within 20
seconds of the first ring..Includes all calls to the Interconnect Repair Center during the reporting period, subject to
exclusions specified below..First ring is defined as when the customets call is first placed in queue by the ACD (Automatic
Call Distributor)..Answer is defined as when the call is first picked up by the Qwest agent..Abandoned calls and busy calls are counted as calls which are not answered within 20 seconds.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Region-wide leveL.
Qwest Retail levels.
Formula:
((Total Calls Answered by Center within 20 seconds) .. (Total Calls received by Center)) x 100
Exclusions: Time spent in the VRU (Voice Response Unit) is not counted.
Product Reporting: None Standard: Parity
Availabilty:Notes:
Available .
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 56
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MR-3 - Out of Service Cleared within 24 Hours
Purpose: '
Evaluates timeliness of repair for specified services, focusing on trouble reports where the out-of-
service trouble reports were cleared within the standard estimate for specified services (Le., 24 hours
for out-of-service conditions).
Description:
Measures the percentage of out of service. trouble reports, involving specified services, that are
cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers.
. Includes all trouble reports, closed during the reporting period, which involve a specified service
that is out-of-service (Le., unable to place or receive calls), subject to exclusions specified below.
. Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date
and time trouble is cleared.Reporting Period: One month I Unit of Measure: Percent
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: . Results for productservices listed in Product Reporting under "MSA-Type
CLEC aggregate, Disaggregation" wil be disaggregated and reported according to trouble
individual CLEC reports involving:
and Qwest Retail MR-3A Dispatches within MSAs;
results MR-3B Dispatches outside MSAs; and
MR-3C No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be disaggregated according to trouble reports involving:
MR-3D In Interval Zone 1 areas; and
MR-3E In Interval Zone 2 areas.
Formula:
((Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24
hours) . (Total Number of Out of Service Trouble Report closed in the reporting period)) x 100
.Exclusions: ,
. Trouble reports coded as follows:
. For product measured from MTAS data (products listed for MSA-type disaggregation),
trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE,
Customer Instruction, Carrer, Alternate Provider).
. For products measured from WFA (Workforce Administration) data (products listed for Zone-
tye disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and
Customer Provided Equipment (CPE).
. Subsequent trouble report of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no áccess" delay.
. Trouble report on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement Der the PID.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 57
OocuSignEhvelope 10: 62856801-CE6B-462A-855F-1DFF6E17A878
MR-3 - Out of Service Cleared within 24 Hours (Continued)
Product Reporting:Standards:
MSA.TvDe Disaaareaation-.Resale
Residential sinQle line service Parity with retail service.Business sinQle line service Parity with retail service
Centrex Parity with retail service
Centrex 21 Parity with retail service
PBX Trunks Parity with retail service
Basic ISDN Parity with retail service.Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 )
. Unbundled Network Element - Platform Parity with retail Centrex
(UNE-P) (Centrex).Line Splittino Parity with retail RES and BUS POTS.Loop SplittinQ NUll:Diagnostic.Line Sharing Parity with retail RES and BUS POTS
.. Sub-Loop Unbundling CO: Parity with retail ISDN-BRI
All Other States: Diaonostic
Zone.tvDe Disaaareaation ..Unbundled Loops
Analoa Loop Parity with retail Res and Bus POTS
Non-loaded Loop (2 wire)Parity with retaillSDN-BRI (desiQned)
xDSL-1 capable Loop Parity wit retail DS1 Private Line
ISDN-capable Loop Parity with ISDN-BRI (designed)
ADSL-aualified Loop Parity with retail ISDN-BRI (desiQned)
Availabilty:Notes:
Available 1.Reporting wil ~begin at the time CLECs order
the product, in any quantity, for three
consecutive months.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 58
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DocuSign Envelope 10: 62856801-CE6B-462A-855F-l0FF6E17A878.
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MR-4 - All Troubles Cleared within 48 hours
Purpose:
Evaluates timeliness of repair for specified sèrvices, focusing on trouble reports of all types (both out
of service and service affecting) and on the number of such trouble reports cleared within the standard
estimate for specified services- (Le., 48 hours for service-affectino conditions\.
Description:
Measures the percentage of trouble reports, for specified services, that are cleared within 48 hours of
receipt of trouble reports from CLECs or from retail customers.
. Includes all trouble reports, closed during the reporting period, which involve a specified service,
subject to exclusions specified below.
. Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date
and time trouble is cleared.
Reporting Period: One month I Unit of Measure: Percent
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: . Results for productservices listed in Product Reporting under "MSA-Type .
CLEC aggregate, Disaggregation" will be disaggregated and reported according to trouble
individual CLEC report involving:
and Qwest Retail MR-4A Dispatches within MSAs;
results MR-4B Dispatches outside MSAs; and
MR-4C No dispatches.
. Results for product/services listed in Product Reporting under .Zone~type
Disaggregation" wil be disaggregated according to trouble reports involving:
MR-4D In Interval Zone 1 areas; and
MR-4E In Interval Zone 2 areas
Formula:
((Total Trouble Reports closed in the reporting period that are cleared within 48 hours) . (Total Trouble
Reports closed in the reportng period)) x 100
Exclusions:
. Trouble reports coded as follows:
. For products measured from MTAS data (products listed for MSA-type disaggregation),
trouble report coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE,
Customer Instruction, Carrier, Alternate Provider).
. For products measured from WFA (Workorce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and
Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under .Zone-tye Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving offcial company services.
. Records with invalid trouble receipt dates. .
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement per the PID.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 59
OocuSign Envelope 10: 62856801-eE6B-62A-855F-1DFF6E17A878
MR-4 - All Troubles Cleared within 48 Hours (Continued)
Product Reporting:Standards:
MSA-TvDe Disaaareaation -1.Resale
Residential single line servce Pari "N with retail service
Business sinale line servce Pari ~ with retail service
Centrex Pari ~ with retail service
Centrex 21 Pari ': with retail service
PBX Trunks Pari 'N with retail service
Basic ISDN Pari tv with retail service.Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 )
· Unbundled Network Element - Platform Parity with retail Centrex
(UNE-P) (Centrex).Line Splittina Parity with retail RES and BUS POTS.Loop Splittina NUllo.Diagnostic.Line Sharilia Parity with retail RES and BUS POTS.Sub-Loop Unbundling Diaanostic
Zone-Tvoe Disaaareaation-.Unbundled Loops:
Analoa Loop Paritv with retail Res and Bus POTS
Non-loaded Loop (2 wire)Paritv with retailISDN-BRI (desianed)
xDSL-1 capable Loop Parity with retail DS1 Private Line
ISDN-capable Loop Paritvwith retailISDN-BRI (desianed)
ADSL-aualified Loop Paritv with retailISDN-BRI (desianed)
Availabilty:Notes:
Available 1.Reporting will begin at the time CLECs order
the product. in any quantity. for three
consecutive months.
Qwest Idaho SGAT Third Revision. Ninth Amended Exhibit B December 17, 2010 Page 60
.
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MR-5 - All Troubles Cleared within 4 hours
Purpose:
Evaluates timeliness of repair for specified services, focusing on all trouble reports of all types
(including out of service and service affecting troubles) and on the number of such trouble reports
cleared within the standard estimate for specified serviceslLe., 4 hours).
Description:
Measures the percentage of trouble reports for specified services that are cleared within 4 hours of
receipt of trouble reports from CLECs or from retail customers..Includes all trouble report, closed during the reporting period, which involve a specified service,
subject to exclusions specified below..Time measured is from date and time that Owest is first notified of the trouble by CLEC to date and
time trouble is cleared.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons:Disaggregation Reporting: Statewide leveL.
CI:EC aggregate. .individual Results for listed products will be disaggregated according to trouble
CLEC and Owest Retail results report:
MR-5A In Interval Zone 1 areas; and
MR-5B In Interval Zone 2 areas.
Formula:
((Number of Trouble Reports closed in the reporting period that àre cleared within 4 hours) ..(Total
Trouble Reports closed in the reporting period)) x 100
Exclusions:.Trouble reports coded as follows:.For products measured using WFA (Workforce Administration) data (products listed for Zone~
type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and
Customer Provided Equipment (CPE)..Subsequent trouble reports of any trouble before the original trouble report is closed..Information tickets generated for internal Owest system/network monitoring purposes..Time delays due to "no access' are excluded from repair time..Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete..Records involving offcial company services..Records with invalid trouble receipt dates..Records with invalid cleared or closed dates..Records with invalid product codes..Records missini: data essential to the calCulation of the measurement per the PID.
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Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 61
DocuSign Envelope 10.: 62856801-CE6B-2A-855F-1 OFF6E17A878
MR-5 - All Troubles Cleared within 4 hours (continued)
Product Reporting:Standards:
Zone- Tvpe Disaaareaation -.Resale
Primary ISDN Pariy with retail service
DSO Pari with retail service
DS1 Paritv with retail servce
DS3 and higher bit-rate services Parity with retail servce
(aggregate)
Frame Relay Parity with retail service.LIS Trunks Parity with Feature Group D (aggregate).Unbundled Dedicated Interoffce Transport (UDIT)
UDIT - DS11evei Paritv with DS1 Private Line Service
UDIT -Above DS11evei Parity with Private Line Services above DS1 level.Unbundled Loops:
Non-loaded Loop (4-wire)Parity with retail DS 1
DS 1-capable Loop Parity with retail DS 1
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services
(aQareaate)-( aaareaate).E911/911 Trunks Parity with retail E911/911 Trunks.Enhanced Exended Loops (EELs) - (DSO Diagnostic
level) ,.Enhanceci Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line
level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic
level).
Availabilty:,Notes:
Available
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 62
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MR-6 - Mean Time to Restore
Purpose:
Evaluates timeliness of reoair, focusina how lana it takes to restore servces to oroper operation.
, Description:
Measures the time actually taken to clear trouble reports.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified below.
. Includes customer direct reports, customer-relayed reports, and test assist reports that result in a
trouble report.
. Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date andtime trouble is cleared. .
Reporting Period: One month I Unit of Measure: Hours and Minutes
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: . Results for productservices listed in Product Reporting under "MSA-Type
CLEC aggregate, Disaggregation" wil be reported according to trouble reports involving:
individual CLEC MR-6A Dispatches within MSAs;
and Qwest Retail MR-6B Dispatches outside MSAs; and
results MR-6C No dispatches.
. Results for products/services listed in Product Reporting under .Zone-type
Disaggregation" wil be disaggregated according to trouble reports involving:
MR-6D In Interval Zone 1 areas; and
MR-6E In Interval Zone 2 areas.
Formula:
-((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) . (Total number of
Trouble Reports closed in the reporting period)
Exclusions:
. Trouble reports coded as follows:
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the
Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer
Instruction, Carrier, Alternate Provider).
. For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and
Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is Closed.
. Trouble report from MTAS orWFA that are coded as No Trouble Found or Test Okay and with
durations of less than or equal to 1 hour.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in Product
Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
. Trouble report on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement per the PID.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 63
OocuSign Envelope 1.0: 62856801-eE6B-462A-855F-10FF6E17A878
MR-6 - Mean Time to Restore (Continued)
Product ReDortina:Standards:
MSA- TVDe Disaaareaation -.Resale
Residential sinale line service Pariy with retail service
Business sinQle line servce Parity with retail servce
Centrex Pari with retail service
Centrex 21 ParitV with retail service .
PBX Trunks Pariy with retail service
Basic ISDN ,Pari with retail service.Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 )
. Unbundled Network Element - Platform Pari with retail Centrex
(UNE-P) (Centrex).Line SolittinQ Parity with retail RES and BUS POTS.Looo Solittina NOTE 1 Diagnostic.Line Sharing Parity with retail RES and BUS POTS.Sub-Loop Unbundling CO: Paritv with retailISDN-BRI
All Other States: DiaQnostic
Zone-TvDe Disaaareaation-.Resale
Primary ISDN Parity with retail service
DSO Parity with retail service
DS1 Pariv with retail service
DS3 and higher bit-rate services Parity with retail service
(aaareaatef
Frame Relav Parity with retail service.LIS Trunks Parity with Feature Group D (aggregate).Unbundled Dedicated Interoffce Transoort (UDIT
UDIT - DS11evei Paritv with retail DS1 Private Line
UDIT -Above DS11evei Paritv with retail Private Lines above DS1 level
Dark Fiber - IOF Diaanostic.Unbundled Loops:
Analoa Loop Paritv with retail Res and Bus POTS
Non-loaded Looo (2-wire)Paritv with retail ISDN BRI (desianed)
Nc:m-Ioaded Loop (4-wire)Pari tv with retail DS 1 Private Line
DS1-capable Loop Pari tv with retail DS1 Private Line
xDSL-1 capable Looo Pari tv with retail DS1 Private Line
ISDN-capable Loop Pari tv with retail ISDN BRI (desianed)
ADSL-Qualified Loop Paritv with retail ISDN BRI (desianed)
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private
(aaareQate)Line services (aaareaate)
Dark Fiber - Looo Diaanostic.E911/911 Trunks Parity with retail E911/911 Trunks.Enhanced Extended Loops (EELs) - (DSO Diagnostic
level).Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS 1 Private Line
level).Enhanced Exended Loops (EELs) - (DS3 Diagnostic
level)
Availabilty:Notes:
Available 1.Reporting will begin at the time CLECs order
the product, in any quantity, for three
consecutive months.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17,2010 Page 64
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MR-7 - Repair Repeat Report Rate
Purpose:
Evaluates the accuracy of repair actions, focusing on the number of repeated trouble reports received
for the same line/circuit within a specified period (30 calendar days).
Description:
Measures the percentage of trouble reports that are repeated within 30 days onend user lines and
circuits.
. Includes all trouble reports closed during the reporting period that have a repeated trouble report
received within thirty (30) days of the initial trouble report for the same service (regardless of
whether the report is about the same type of trouble for that service), subject to exclusions
specified below.
. In determining same service Owest wil compare the end user telephone number or circuit access
code of the initial trouble reports closed during the reporting period with reports received within 30
days of when the initial trouble report closed.
. Includes reports due to Owest network or system causes, customer-direct and customer-relayed
reports.
. The 30-day period applied in the numerator of the formula below is from the date and time that the
initial trouble report is closed to the date and time that the next, or "repeat" trouble report is
received (Le., opened).
Reporting Period: One month, reported in Unit of Measure: Percent
arrears (Le., results first appear in reports one
month later than results for measurements that
are not reported in arrears), in order to cover the
30-dav period followina the initial trouble reoort.
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: . Results for producUservices listed in Product Reporting under "MSA- Type
CLEC Disaggregation" wil be reported accrding to trouble reports involving:
aggregate, MR-7A Dispatches within MSAs;
individual MR-7B Dispatches outside MSAs; andCLEC and MR-7C No dispatches.
Owest Retail . Results for products/services listed in Product Reporting under "Zone-type
results Disaggregation" will be disaggregated according to trouble report involving:
MR-7D In Interval Zone 1 areas; and
MR-7E In Interval Zone 2 areas.
Formula:
((Total trouble reports closed within the reporting period that had a repeated trouble report received
within 30 calendar days of when the initial trouble report closed) .. (Total number ofTrouble Reports
Closed in the reporting period)) x 100
Exclusions:
. Trouble reports coded as follows:
. For products measured from MTAS data (product listed for MSA-type disaggregation),
trouble report coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Owest (includes CPE,
Customer Instruction, Carrier, Alternate Provider). '
. For product measured from WFA (Workorce Administratioh) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for Carrier Action (lEG) and
Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Owest system/netWork monitoring purposes.
. Trouble report on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involvina offcial companv services.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 65
OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878
MR-7 - Repair Repeat Report Rate (Continued)
.Records with invalid trouble receipt dates..
.Records with invalid cleared or closed dates..Records with invalid product codes..Records missinQ data essential to the calculation of the measurement per the PID.
Product Reporting:Standards:
MSA-TvDe Disaaareaation -.Resale
Residential sinQle line service Pari v with retail servce
Business sinQle line service Pari v with retail service
Centrex Pari y with retail servce
Centrex 21 Pari v with retail service
PBX Trunks Pari y with retail service
Basic ISDN Parity with retail service.Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Network Element - Platform (UNE-Parity with retail Centrex
P) (Centrex).Line Splitting Parity with retail Res and Bus POTS
.Loop Splitting NUll: 1 Diagnostic
.Line Sharing AZ & CO: Parity with retail Res and Bus POTS
All Other States: Diagnostic Comparison with
retail Res and Bus POTS
.. Sub-Loop Unbundling CO: Parity with RetailISDN-BRI
All Other States: DiaQnostic
Zone-TvDe Disaaareaation-.Resale
Primary ISDN Parity with retail service
DSO Parity with retail service
DS1 Parity with retail service
DS3 and higher bit-rate services Parity with retail service(aaareaate) .
Frame Relay Parity with retail service.LIS Trunks Parity with Feature GroupO (aggregate).Unbundled Dedicated Interoffce Transoort (UDIT)
UDIT - DS1 level Parity with retail OS 1 Private Line .'.
UDIT - Above DS1 level Parity with retail Private Lines above OS 1 level
Dark Fiber - IOF Diagnostic.Unbundled Loops:
Analoa Looo Parity with retail Res and Bus POTS
Non-loaded Loop (2-wire)Parity with retail ISDN BRI (desiQned)
Non-loaded Loop (4-wire)Parity with retail DS1 Private Line
DS1-capable Looo Parity with retail DS1 Private Line
xDSL-1 caoable Loop Parity with retail OS 1 Private Line
ISDN-capable Loop Pari with retail ISDN BRI (desiQned)
ADSL-Qualified Loop Parity with retail ISDN BRI (desiQned)
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private
(aQQreQate)Line services (aaareaate)
Dark Fiber - Looo DiaQnostic.E911/911 Trunks Parity with retail E911/911 Trunks
Qwest Idaho SeAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 66
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.Enhanced Extended Loops (EELs) - (DSO Diagnostic
level).Enhanced Exended Loops (EELs) - (DS1 Parity with retail DS1 Private Line
level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic
level)
Availabilty:Notes:
. Targeted availabilty with July 2004 1.Reporting wil begin at the time CLECsorder
results reported in September 2004 the product, in any quantity, for three
consecutive months.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 67
DocuSign Envelope 10; 62856801-CE6B-462A-855F-1DFF6E17 AB78
MR-8 - Trouble Rate
Purpose:
Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or
element.
Description:
Measures trouble reports by product and compares them to the number of lines in service..Includes all trouble reports closed during the reporting period, subject to exclusions specified
below..Includes all applicable trouble report, including those that are out of servce and those that are
on Iv service-affectina.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: Statewide leveL.
individual CLEC and Qwest Retail results
Formula:
((Total number of trouble reports closed in the reporting period involving the specified service
grouping) . (Total number of the specified services that are in service in the reporting period)) x 100
Exclusions:.Trouble reports coded as follows:.For products measured from MTAS data, trouble reports coded to disposition codes for:
Customer Action; Non-Telco Plant; Trouble Beyond the Network Intenace; and Miscellaneous
- Non-Dispatch, non-Qwest (includes CPE, Customer Instrcton, Carrer, Alternate Provider). '.For produCt measured from WFA data trouble report coded to trouble codes for Carrier
Action (IEC) and Customer Provided Equipment (CPE)..Subsequent trouble reports of any trouble before the original trouble report is closed..Information tickets generated for internal Qwest system/network monitoring purposes..Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete..Records involving offcial company services..Records with invalid trouble receipt dates..Records with invalid cleared or closed dates..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 68
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MR-8 - Trouble Rate (continued)
Product Reporting:Standards:
.Resale
Residential sinole line service Parity with retail service
Business sino Ie line service Pantv with retail service
,Centrex Parity with retail service
Centrex 21 Parity with retail service
PBX Trunks Paritv with retail service
Basic ISDN Pantv with retail service
Pnmarv ISDN Parity with retail service
DSO Paritv with retail service
DS1 Parity with retail service
DS3 and higher bit-rate services Parity with retail service
(aaareoatef
Frame Relav Paritv with retail service.Unbundled Network Element - Platform Parity with retail Centrex 21
(UNE-P) (Centrex 21 ).Unbundled Network Element -Parity with retail Centrex
Platform(UNE-P) (Centrex).Line SplittinQ Pantv with retail RES and BUS POTS.Looo Solittina NOTE 1 Diagnostic.Line Sharing Parity with retail RES and BUS POTS
.Sub-Loop Unbundling CO: Parity with retail ISDN-BRI
All Other States: Diaonostic.LIS Trunks Panty with Feature Group D-(aggregate).Unbundled Dedicated Interoffce Transoort (UDIT
UDIT - DS11evei Pantv with retail DS1 Private Line Service
UDIT - Above DS1 level Parity with retail Private Lines above DS1 level
Dark Fiber - IOF Diaanostic.Unbundled Loops:
Analoa Looo Pantv with retail Res and Bus POTS
Non-loaded Looo l2-wire)Parity with retail ISDN BRICdesianed)
Non-loaded Loop (4-wire)Parity with retail DS1 Pnvate Line
DS 1-caoable Looo Pantv with retail DS1 Private Line
xDSL-1 caoable Looo Paritv with retail DS 1 Pnvate Line
ISDN-capable Loop Paritv with retail ISDN BRI(desianed)
ADSL-Qualified Looo Parity with retail ISDN BRI ldesianecf
Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services
(aaareaate)(aaareoate)
Dark Fiber - Looo Diaanostic.E911/911 Trunks Parity with retail E911/911 Trunks.Enhanced Extended Loops (EELs) - (DSO Diagnostic
level).Enhanced Extended Loops (EELs) - (DS 1 Parity with retail DS1 Private Line
level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic
level)
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 69
OocuSign Envelope 10: 62856801-CE6B-42A-855F-10FF6E17A878
MR-8 - Trouble Rate (continued)
Availabilty:
Available
Notes:
1. Reporting will begin at the time CLECs order
the product, in any quantity, for three
consecutive months.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 70
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MR-9 - Repair Appointments Met
Purpose:
Evaluates the extent to which Qwest repairs services for Customers bv the aooointment date and time.
Description:
Measures the percentage of trouble reports for which the appointment date and time is met..Includes all trouble reports closed during the reporting period, subject to exclusions specified
below..Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date
and time trouble is cleared.
ReportingPeriod: One month
I Unit of Measure: Percent
Reporting Disaggregation Reporting: Statewide leveL.
Comparisons: CLEC Results for listed services wil be disaggregated and reported
aggregate, individual according to trouble reports involving:
CLEC and Qwest Retail MR-9A Dispatches within MSAs;
results MR-9B Dispatches outside MSAs; and
MR-9C No dispatches.
Formula:
((Total Trouble Reports Cleared by appointment date and time). (Total Trouble Reports Closed in the
Reporting Period)) x 100
Exclusions:.Trouble reports coded as follows:.For products measured from MTAS data, trouble reports coded to disposition codes for:
Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous
- Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider)..Subsequent trouble reports of any trouble before the original trouble report is closed..Information tickets generated for internal Qwest system/network monitoring purposes..Time delays due to "no access" are excluded from repair time by using the rescheduled
appointment time to determine if the repair appointment is met..Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete..Records involving offcial company services..Records with invalid trouble receipt dates..Records with invalid cleared or closed dates..Records with invalid product codes..Records missinQ data essential to the calculation of the measurement Der the PID.
Product Reporting:Standard: Parity
Resale:
Residential single line service
Business single line service
Centrex
Centrex 21
PBX Trunks
Basic ISDN
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 71
OocuSign Envelope 10; 62856801-CE6B-42A-855F-1 OFF6E17 A878
MR-10 - Customer and Non-Qwest Related Trouble Report
Purpose:
Evaluates the extent that trouble repcirt were customer related. and provides diagnostic information
to help address potential issues that might be raised by the core maintenance and repair performance
indicators.
Description:
Measures the percentage of all trouble report that are attbuted to the customer as a percentage of
all trouble reports resolved during the reportng period. subjec to exclusions specified below.
Includes trouble reports closed during the reporting period coded as follows:.For products measured from MTAS data, trouble reports coded to disposition codes for: Customer
Action; Non-Telco Plant, Trouble Beyond the Network Interface; and Miscellaneous - Non-
Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider) and trouble
report involving a "no access" delay for MSA type disaggregated products..For products measured from WFA (Workorce Administration) data trouble reports coded to
trouble codes for Carrier Action (IEC) and Customer Provided EauiDment (CPE).
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: Statewide leveL.
individual CLEC and Qwest Retail results
Formula:
((Number of Trouble Reports coded to disposition codes specified above) -(Total Number of Trouble
Reports Closed in the Reporting Period)) x 100
Exclusions:.Subsequent trouble reports of any trouble before. the original trouble report is closed.Information tickets generated for internal Qwest system/network monitoring purposes..Records involving offcial company services..Records with invalid trouble receipt dates..Records with invalid cleared or closed dates..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID..Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 72
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Product Reporting:Standards:.Resale
Residential sinQle line service Diaanostic
Business sinale line service DiaQnostic .
Centrex DiaQnostic
Centrex 21 Diaanostic
PBX Trunks Diagnostic
Basic ISDN DiaQnostic.Unbundled Network Element - Platform Diagnostic
(UNE-P) (Centrex 21 )
.. Unbundled Network Element - Platform Diagnostic
(UNE-P) (Centrex).Resale
Primary ISDN Diaonostic
DSO DiaQnostic
DS1 DiaQnostic
DS3 and higher bit-rate services Diagnostic
(aggregate)
Frame Relay DiaQnostic.LIS Trunks Diagnostic.Unbundled Dedicated Interoffce Transport (UDIT)
UDIT - DS11evei DiaQnostic
UDIT - Above DS1 level Diagnostic.Unbundled Loops:
Analoa Loop Diagnostic
Non-loaded Loop (2-wire)Diaonostic
Non-loaded Loop (4-wire)Diaanostic
OS 1-capable Loop Diagnostic
xDSL-1 capable Loop DiaQnostic
ISDN-capable Loop Diaonostic
ADSL-aualified Loop Diagnostic
Loop types of DS3 and higher bit-rates Diagnostic
(aaareaate).E911/911 Trunks DiaQnostic
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 73
OocuSignEnvelope 10: 62856801-CE6B-42A-855F-1 OFF6E17 A878
MR-11 - LNP Trouble Report Cleared within Specified Timeframes
Purpose:
Evaluates timeliness of clearing LNP trouble report, focusing on the degree to which residence and
business, disconnect-related, out-of-service truble reports are cleared within four business hours and all
LNP-related trouble reports are cleared within 48 hours.
Description:
MR-11A: Measures the percentage of specified LNP-only (Le., not unbundled-loop), residence and
business, out-of-service trouble report that are cleared within four business hours of Qwest
receiving these trouble reports from CLECs.
. Includes only trouble reports that are received on or before the currently-scheduled due date
of the actual LNP-related disconnect time/date, or the next business day, that are confirmed
to be caused by disconnects being made before the scheduled time, and that are closed
during the reporting period, subject to exclusions specified below.
MR-11 B: Measures the percentage of specified LNP-only trouble reports that are cleared within 48 hours
of Qwest receiving these trouble reports from CLECs.
. Includes all LNP-only trouble reports, received within four calendar days of the actual LNP.
related disconnect date and closed during the reporting period.
. The "currently-scheduled due date/time" is the original due date/time established by Qwest 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 disconnection is considered timely if received by Qwest before 8:00 p.m. MT
on the due date that Qwest has on record at the time of the request.
. A request for delay of disconnection is considered untimely if received by Qwest after 8:00 p.m. MT
on the due date and before 12:00 p.m. MT (noon) on the day after the due date
. Time measured is from the date and time Qwest receives the trouble report to the date and time
trouble is cleared.Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC Aggregate and Disaggregation Reporting: Statewide level (all areIndividual CLEC "non-dispatched).
Formula:
MR-11A = ((Number of specified out-of-service LNP-only Trouble Report, for LNP-related troubles
confirmed to be caused by disconnects, that Qwest executed before the currently-scheduled
due date/time, that were closed in the reporting period and cleared within four business
hours). (Total Number of specified out of service LNP-only Trouble Reports for LNP-related
troubles confirmed to be caused by disconnects that Qwest executed before the currently-
scheduled due date/time, that were closed in the reporting period)) x 100
MR-11 B = ((Number of specified LNP-only Trouble Reports closed in the reporting period that were
cleared within 48 hours) -(Total Number of specified LNP-only Trouble Report closed in the
reporting period)) x 100
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 74
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Exclusions:
. Trouble reports attributed to customer or non-Owest reasons
. Trouble reports not related to valid requests (LSRs) for LNP and associated disconnects.
. Subsequent trouble report of LNP trouble before the original trouble report is closed.
. For MR-11 B only: Trouble reports involving a "no access" delay.
. Information tickets generated for internal Owest system/network monitoring purposes.
. Records involving offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement oer the PID.
Product Reporting: LNP Standards:
MR-11A:
. If OP-17 result meetsits standard, the MR-11A standard is Diagnostic.
. If OP-17 result does not meet its standard, the MR-11A standard is as
follows:
. For 0-20 trouble reports*: No more than 1 ticket cleared in ;: four
business hours
. For;: 20 trouble reports*: The lesser of 95% or Parity with MR-3C
results for Retail Residence and Business
MR-11B:
. For 0-20 trouble reports**: No more than 1 ticket cleared ;: 48 hours
. For;: 20 trouble report**: The lesser of 95% or Parity with MR-4C
results for Retail Residence and Business
*.Based on MR-11A denominator.
Availabilty:
Available
** Based on MR-11 B denominator.
Notes:
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 75
OocuSign Envelope 10: 62856801-CE6B-62A-855F-10FF6E17A878
Biling
BI-1 - Time to Provide Recorded Usage Records
Purpose:
Evaluates the timeliness with which Owest orovides recorded dailv usaae records to CLECs.
Description:
Measures the average time interval frm date of recorded daily \ usage to date usage records are
transmitted or made available to CLECs as applicable.
BI-1A - Measures recorded daily usage for UNEs and Resle and includes indust~ standard
electronically transmitted usage records for feature group switched access, TE 1 local
measured usage, local messge usage, toll usage, and local exchange service components
priced on a per-use basis, subjec to exclusions specifed below.
BI-1 B - Measures the percent of recorded daily usage for Jointly provided switched access provided
within four days.This includes usage created by the CLEC and 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 access, and 900 access and their
successors or similar Switched Access services.
BI-1C - Provides separate reporting for two elements captured in BI-1A above, as follows:.BI-1C-1 - Measures recorded daily usage for UNEs and Resale and includes industry
standard electronically transmitted usage records for feature group switched access, NOTE 1
subject to exclusions specified below..BI-1C-2 - Measures recorded daily usage for UNEs and Resale and includes industry
standard electronically transmitted usage records for local measured usage, local
message usage, toll usage, and local exchange service components priced on a per-use
basis, subject to exclusions sDecified below.
Reporting Period: One month Unit of Measure:
BI-1A, BI-1C-1, BI-1C-2: Average Business Days
BI-1B:Percent
Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: State leveL.
individual CLECs, and Owest Retail results
Formula:
BI-1A, BI-1C-1, BI-1C-2 (for specified products & records) = .(Date Record Transmitted or made
available - Date Usage Recorded)-. (Total number of records)
BI-1 B = ((# of daily usage records for Jointly provided switched access sent within four days) -(Total
daily usage records for Jointly provided switched accss in the report period)) x 100
Exclusions:.Instances where the CLEC request other than daily usage transmission or availabilty..Duolicate records.
Product Reportng:Standards:.UNEs and Resale BI-1A: Parity with Owest retaiL.
· Jointly-provided Switched Access BI-1B: 95% within 4 business days
BI-1C-1, BI-1C-2: Diagnostic Comparison with the
Owest Retail results used in standard for
BI-1A
Availability:Notes:
Available 1."Feature group switched access' includes all
tye 11 OXX detail records for Feature
GrouDs A, B, C, and D.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 76
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BI-2 - Invoices Delivered within 10 Days
Purpose:
Evaluates the timeliness with which Owest delivers industry standard electronically transmitted bils to
CLECs, focusina on the percent delivered within ten calendar davs.
Description:
Measures the percentage of invoices that are delivered within ten days, based on the number of days
between the bil date and bil delivery..Includes all industry standard electronically transmitted invoices for local exchange services arid
toll, subject to exclusions specified below.
Reporting Period: One month Unit of Measure: Percent
.
Reporting Comparisons: Combined Owest Disaggregation Reporting: State level
Retail/CLEC results (Parity by design)
Formula:
((Count of Invoices for which Bil Transmission Date to Bil Date is ten calendar days or less) . (Total
Number of Invoices)) x 100
Exclusions:.Bils transmitted via paper, magnetic tape, CD-ROM, diskette..Records with missing data essential to the calculation of the measurement per the PID.
Product Reporting:Standard:.UNEs and Resale Parity by design.
Availabilty:Notes:
Available
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 77
OocuSign Envelope 10: 62856801-CE6B-62A-855F-1DFF6E17A878
BI-3 - Billng Accuracy - Adjustments for Errors
Purpose:
Evaluates the accuracy with which Qwest bils CLECs, focusing on the percentage of biled revenue
adjusted due to errors.
Description:
Measures the biled revenue minus amounts adjusted off bils due to errors, as a percentage of total
biled revenue..Both the biled revenue and amounts adjusted off bils due to error are calculated from bils
rendered in the reporting period.."Amounts adjusted off bils due to errors" is the sum of all bil adjustments made in the reporting
period that involve, either in part or in total, adjustment codes related to biling errors. (Each
adjustment thus aualifvna is' added to the sum in it entiretv.\
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: State leveL.
individual CLECs, and Qwest Retail results
Formula:
(.(Total Biled Revenue Biled in Reporting Period - Amounts Adjusted Of Bils Due to Errors). (Total
Biled Revenue biled in Reporting Period)) x 100
Exclusions:
.BI-3A - UNEs and Resale - None
. BI-3B - Reciprocal Compensation Minutes of Use - Billng adjustments as a result of CLEC-caused
errors in return of minutes of use
Product Reporting:Standards:.BI-3A - UNEs and Resale .BI-3A - UNEs and Resale: 98%.BI-3B - Reciprocal Compensation Minutes of .BI-3B - Reciprocal Compensation (MOU) -
Use (MOU)95%
Availabilty:Notes:
Available ,.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 78
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BI-4 - Biling Completeness
Purpose:.UNEs and Resale - Evaluates the completeness with which Qwest reflects non-recurring and
recurring charges associated with completed service orders on the bils..Reciprocal Compensation Minutes of Use (MOU) - Evaluates the completeness with which Qwest
reflects the revenue for Local Minutes of Use associated with CLEC local traffc over Qwests
network on the bills.
Description:
BI-4A - UNEs and Resale: Measures the percentage of non-recurrng and recurring charges
associated with completed service orders appear on the correct bil..
i
BI-4B - Reciprocal Compensation (MOU): Measures the percentage of revenue associated with local
minutes of use appearing on the correct (current) bilL..
· Correct bil = next available bil
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: Statewide leveL.
individual CLECs, and Qwest Retail results
Formula:
BI-4A - UNEs and Resale = (-(Count of service orders with non-recurrng and recurring charges
associated with completed service orders on the bills that are biled on the correct bil . total
count of service orders with non-recurring and recurring charges associated with completed
service orders biled on the bil)) x 100
BI-4B - Reciprocal Compensation MOU = (-(Revenue for Locl Minutes of Use biled on the correct.
bil. Total revenue for Local Minutes of Use collected during the month)) x 100
Exclusions: None
Product Reporting:Standards:.UNEs and Resale BI-4A - UNEs and Resale: Parity with Qwest
.. Reciprocal Compensation (MOU)Retail bils.
BI-4B- Reciorocal Comoensation (MOUl: 95%
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 79
OocuSign Envelope 10: 62856801-CE6B-462A-855F-1DFF6E17A878
Database Updates
DB-1- Time to Update Databases
Purpose:
Evaluates the time required for updates to the databases of E911, L1DB, and Directory Builder.
Description:
. Measures the average time required to update the databases of E911, L1DB, and Directory
Builder.
. Includes all database updates as specified under Disaggregation Reporting completed during
the reporting period.
. For DB-1A the time to update the E911 database is provided by the third party vendor that
penorms the update. The elapsed time is captured automatically by the database system. There
are no "individual E911 database update records. provided with which to measure the database
update process.
. The numerator of DB-1A is calculated by multiplying the vendor-calculated results (Average
Minutes in Process Time) by the denominator (Count of records Processed). This method
produces a result from the vendor data that is the same as that which would be produced by
totallng the update times from individual E911 database update records.Reporting Period: One month Unit of Measure:
E911 - Hrs: Mins.
L1DB & Directory Listings - Seconds
Disaggregation Reporting:
DB-1A: E911 for Qwest Retail and Reseller
CLEC-tate level
DB-1 B: L1DB for Qwest Retail, Reseller CLEC
and Facilties Based CLEC - Multi
state region-wide level
DB-1 C-1: Listings for all Provider types including
Qwest Retail, Reseller CLEC, and
Facilities Based CLEC, ILEC and
Unknown Provider, Electronically
Submitted, Electronically Processed-
Sub-region applicable to state
Reporting Comparisons:
DB-1A - E911: Combined results for Qwest Retail
and Reseller CLEC Aggregate;
DB-1 B - L1DB: Combined results for all Qwest
Retail, Reseller CLEC and Facilties Based CLEC
updates;
DB-1C-1 - Listings: Combined results for all
Provider types including Qwest Retail, Reseller
CLEC, and Facilties Based CLEC, ILEC and
Unknown Provider, Electronically Submitted,
Electronically Processed updates. NOTE 1
Formula:
-((Date and Time of database update for each database update as specified under Disaggregation
Reporting in the reporting period) - (Date and Time of submissions of data for entry into the database
for each database update as specified under Disaggregation Reporting in the reporting period)).Total
database updates as specifed under Disaggregation Reporting completed in the reporting period
Exclusion:
. Invalid startstopdates/times.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 80
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Product Reporting:Standards:
Not applicable (Reported by database type)DB-1A-E911: Parity by design
DB-1B-L1DB: Parity by design
DB-1C-1 - Listings: Parity by design
Availabilty:Notes:
Available 1.Because they cannot be separated, results for Qwest Retail, Reseller
CLEC, Facilties-based CLECs, ILEC and Unknown Provider updates
are reported combined within these disaggregations.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 81
OocuSigriEnvelope 10: 62856801~CE6B-462A-855F-1 OFF6E17A878
DB-2 - Accurate Database Updates
Purpose:
Evaluates the accuracv of database uodates comoleted without errors in the reoortina oeriod.
Description:.Measures the percentage of database updates completed without errors in the reporting period..Includes all database updates as specified under Disaggregation Reporting completed during the
reoortina oeriod.
Reporting Period: One month Unit of Mèasure: Percent
Reporting Comparisons:Disaggregation Reporting:
DB-2C-1 Listings - Combined results for all DB-2C-1, Listings for Qwest Retail, Reseller
Qwest Retail, Reseller CLEC and Facilties-CLEC, and Facilties-Based CLEC Electronically
Based CLEC Electronically Submitted,Submitted, Electronically Processed updates:
Electronically Processed updates Statewide
Formula:
(Total database updates as specified under Disaggregation Reporting completed without errors in the
reporting period -Total database updates as specified under Disaggregation Reporting completed in
the reporting period) x 100
Exclusions:
Invalid starUstop dates/times.
Product Reporting:Standards:
Not applicable (Reported by database type)DB-2G-1 - Listings: Parity by design NOTE 1
Availabilty:Notes:
Available 1.Qwest retail and Reseller CLECs are parity by design. Because
Facilties-based CLEC Electronically Submitted, Electronically
Processed cannot be separated out from Reseller CLECs they are
reoorted combined within this disaaareaation.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 82
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DocuSign Envelope 10: 6285680t-CE6B-462A-855F-1DFF6E17A878.
Directory Assistance
DA-1 - Speed of Answer - Directory Assistance
Purpose:
Evaluates timeliness of customer access to Qwests Directory Assistance operators, focusing on how
long it takes for calls to be answered.
Description:
Measures the average time following first ring until a call is first picked up by the Qwest agent/system
to answer Directory Assistance calls..Includes all calls to Qwest directory assistance during the reporting period..Because a system (electronic voice) prompts for city, state, and listing requested before the actual
operator comes on the line, the first ring is defined as when the voice response unit places the call
into queue.\
.Measurements are taken by sampling calls from the network queue at 10-second intervals. A
count of calls in the queue is taken for every sampling event (10-second snapshot), and this count
is multiplied by 10 to get a measurement of waiting intervals~.Using this method, calls that enter thè queue after a sample is taken but exit before the next
sample is taken are not counted, Le., are effectively counted as a zero intervaL. However, this
situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling
time, and which are counted as 10 seconds. The call intervals shorter than 10 seconds that are
counted as 10 seconds are offset bv those calls shorter than 10 seconds that are not counted.
Reporting Period: One month Unit of Measure: Seconds
Reporting Comparisons: Results for Qwest and Disaggregation Reporting:
all CLECs are combined.Sub-region applicable to state
Formula:
-((Date and Time of Call Answer) - (Date and Time of First Ring)) -(Total Calls Answered by Center)
Exclusions: Abandoned Calls are not included in the total number of calls answered by the center.
Product Reporting: None Standard: Parity by design
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 83
OocuSigri Envelope 10: 62856801-CE6B-2A-855F-10FF6E17A878
Operator Services
OS-1 - Speed of Answer - Operator Services
Purpose:
Evaluates timeliness of customer accss to Qwests operators, focusing on how long it takes for calls
to be answered.
Description:
Measures the time following first ring until a call is answered by the Qwest agent..Includes all calls to Qwests operator services during the reportng period, subject to exclusions
specified below..Measurements are taken by sampling calls frm the network queue at 10-second intervals. A
count of calls in the queue is taken for every sampling event (10-second snapshot), and this count
is multiplied by 10 to get a measurement of waiting intervals..Using this method, calls that enter the queue after a sample is taken but exit before the next
sample is taken are not counted, Le., are effectively counted as a zero intervaL.However, this
situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling
time, and which are counted as 10 seconds. The call intervals shorter than 10 seconds that are
counted as 10 seconds are offset by those calls shorter than 10 seconds that are not counted.
Reporting Period: One month Unit of Measure: Seconds
Reporting Comparisons: Qwest and all CLECs Disaggregation Reporting:
are aggregated in a single measure.Sub-region applicable to state
Formula:
-((Date and Time of Call Answer) - (Date and Time of First Ring)) - (Total Calls Answered by Center)
Exclusions: Abandoned Calls are not included in the total number of calls answered by the center.
Product Reporting: None Standard:Parity by design
Availabilty:Notes:
Available
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 84
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Network Performance
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NI-1 - Trunk Blocking
Purpose:
Evaluates factors affecting completion of calls from Owest end offces to CLEC end offces, compared with
the completion of calls from Owest end offces to other Owest end offces, focusing on average busy-hour
blockinQ percentaQes in interconnection or interoffce final trunks.Description: !
Measures the percentage of trunks blocking in interconnection and interoffce final trunks.
. Includes blocking percentages on all direct final and alternate final interconnection and interoffce trunk
arouos that are in service durina the reportinQ period, subject to exclusions soecified below.Reporting Period: One month I Unit of Measure: Percent Blockage
Reporting Comparisons: Disaggregation Reporting: Statewide leveL.
CLEC aggregate, Reports the percentage of trunks blocking in interconnection final trunks,
individual CLEC, and reported by:
Owest Interoffce trunk NI-1A Interconnection (LIS) trunks to Owest tandem offces, with TGSR-
blocking results. related exclusions applied as specified below;
NI-1B LIS trunks to Owest end offces, with TGSR-related.exclusions
applied as specified below;
NI-1C LIS trunks to Owest tandem offces, without TGSR-related
exclusions;
NI-1 D LIS trunks to other Owest end offices, without TGSR-related
exclusions.
Formula:
n-(Blockage in Final Trunk Group of Specified Type)x(Number of Circuits in Trunk Group)) . (Total Number
of Final Trunk Circuits in all Final Trunk Groups)) x 100
Explanation: Actual average percentage of trunk blockage is calculated by dividing the equivalent average
number of trunk circuits blocking by the total number of trunk circuits in final trunks of the type being
measured.
Exclusions:
For NI-1A and NI-1 B only:
. Trunk groups, blocking in excess of one percent in the reporting period, for which:
.... A Trunk Group Service Request (TGSR) NOTES 1 & 2 has been issued in the reporting period; or
. CLECs do not submit, within 20 calendar days of receiving a TGSR: . ,
a) Responsive ASRs (or have ASRs pending that are delayed for CLEC reasons NOTE
3);
b) Trouble Reports; or
c) Notification of traffc re-routing (as described in Note 1 below).
For NI-1A. NI-1B, NI-1C, and NI-1D:
. Trunk groups, blocking in excess of one percent in the reportng period, for which Owest can identify, in
time to incorporate in the regular reporting of this measurement, the cause as being attributable to:
. Trunk group out-of-service conditions arising from cable cuts, severe weather, or force majeure
- circumstances;
. The CLEC placing trunks in a "busy" condition;
. Lack of interconnection facilities to fulfill LIS requests for which the CLEC did not provide a timely
forecast to Qwest. (This portion of the exclusion is limited to being applied in (a) the month the LIS
requests could not be fulfiled, due to lack of facilties, and (b) each month thereafter up to the month
following facilty availabilty OR li 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 Owest provides notification to the CLEC, that (a) are
not recurring or persistent (affecting the same trunk groups), (b) do not warrant corrective action by
CLEC or Owest, and (c) thus, do not require an actionable TGSR.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 85
OocuSigii Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878
NI-1 - Trunk Blocking (Continued)
. Trunk groups recently activated that have not been in service for a full "20-high-day, busy hour" review
period.
. Toll trunks, non-final trunks, and trnks that are not connected to the public switched network.
. One-way trunks originating at CLEC end offce.
. Qwest offcial services trunks, local interoffce operator and direcory assistance trunks, and local
interoffce 911/E911 trunks.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement oer the PID.
Product Reporting: Standards:
LIS Trunks Where NI-1A -1 %:
Where NI-1A ;:1%:
Where NI-1 B -1 %:
Where NI-1B ;:1%:
NI-1C and NI-1D:
Availabilty:
Available
1 %
Parity with Qwest Interoffce Trunks to tandems
1 %
Pariy with Qwest Interoffce Trunks to end offces
Diaanostic NOTE 5
Notes:
1. Qwest uses TGSRs to notify CLECs when trunk blocking exceeds standard thresholds or is
determined to be persistent. To respond properly to TGSRs, a CLEC must (a) submit
within 20 days ASRs to provide necssary trunk augmentations to avoid further blocking,
(b) notify Qwest within 20 days that it is initiating a Trouble Report where Qwest traffc
routing problems are causing the blocking referenced by the TGSR, or (c) notify Qwest that
the CLEC will undertake its own re-routing of traffc within 20 days to alleviate the blocking.
2. The TGSR-related exclusion is applied in the month in which the TGSR is issued and in
the month in which the above-specified 20-day response period ends. Thus, any trunk
group excluded in one month will not be excluded in the next month, unless there is (a) a
20-day period following a TGSR ends in that month, (b) there is another TGSR applicable
to the next month for the same trunk group or (c) an exception documented, in lieu of
issuing a subsequent TGSR, where the CLEC's response to the previous TGSR indicated
that, for its own reasons, it plans to take no action at any time to augment the trnk group.
3. CLEC delays are reflected by CLEC-initiated order supplements that move the due datelater. .
a) Qwest-initiated due date delays, including supplements made pursuant to Qwest
requests to delay due dates, shall not be counted as CLEC delays in this
measurement.
b) Qwest-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 Qwest-established due date being missed shall not be counted as a
CLEC delay in this measurement.
4. The limitation on part (3) of this exclusion is intended to bound its applicabilty to a period
oHime that treats the unforested ASR as if it were, in effect, the first forecast for the
facilties 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 recgnizes that facilties may become
available sooner and, if so, reduces the limittion accrdingly. In that context, this
limitation recognizes that, absent a CLEC forecast, Qwest stil retains a responsibilty to
provide facilties for the ASR, although in a longe(timeframe than for ASRs covered by
forecasts. NI-1 C and NI-1 D will be reported for information purposes only, with no
standard to be applied.
c) This limitation may change depending on the outcome of separate workshops dealing
with issues of interconnecton forecasting.
5. NI-1C and NI-1D wil be reported for information purposes only, with no standard to be
. aoolied.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B Decmber 17, 2010 Page 86
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NP-1 - NXX Code Activation
Purpose:
Evaluates the timeliness of Qwests NXX code activation prior to the LERG effective date or by the
"revised" effective date, as set forth herein.
Description:
NP-1A: Measures the percentage of NXX codes activated in the reporting period that are actually
loaded and tested prior to the LERG effective date or the "revised" date, subject to exclusions
shown below.
NP-1B: Measures the percentage of NXX codes activated in the reporting period that are delayed
beyond the LERG date or "revised" date due to Qwest-caused Interconnection facilty delays,
subject to exclusions shown below. Included among activations counted as a Qwest delay in
this sub-measurement are cases in which "2-6 codes" NOTE 1 associated with the Qwest
interconnection facilties are provided late by Qwest to the CLEC.
. Qwest must receive complete and accurate routing information required for code activation, which
includes but is not limited to "2-6 codes" for all interconnection trunk groups associated with the
activation no less than 25 days prior to the LERG Due Date or Revised Due Date.
. The "revised" date, for purposes of this measurement, is a CLEC-initiated renegotiation of the
activation effective date that is no less than 25 days after Qwest receives complete and accurate
routing information required for code activation, which includes but is not limited to "2-6 codes" for
all interconnection trunk groups associated with the activation.
. The NXX code activation notice is provided by the LERG ~Local Exchange Routing Guide) to
Qwest.
. NXX code activation is defined as complete when all translations associated with the new NXX are
complete by 11 :59 p.m. of the day prior to the date identified in the LERG or the "revised" date (if
different than the LERG date).
. The NXX code activation completion process includes testing, including calls to the test. number
when orovided.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate, Disaggregation Reporting: Statewide.
individual CLEC and Qwest Retail results.
Formula:
NP.1A = ((Number of NXX codes loaded and tested in the reporting period prior to the LERG effective
date or the "revised" date) . (Number of NXX codes loaded and tested in the reporting
period)) x 100
NP-1 B = ((Number of NXX codes loaded and tested in the reporting period that were delayed past the
LERG effective date or "revised" date affected by Qwest Interconnection Facilty Delays) ·
(Number of NXX codes loaded and tested in the reporting period, including NXX codes
loaded and tested in the reporting period that were delayed past the LERG effective date or
the "revised" date due to Interconnection Facilty Delays)) x 100
Exclusions:
NP-1A:
. NXX code activations completed after the LERG date or "revised" date due to delays in the
installation of Qwest provided interconnection facilties associated with the activations. NOTE 2
NP.1A and NP-1B:
. NXX codes with LERG dates or "revised" dates resulting in loading intervals shorter than
industry standard (currently 45 calendar days).
. NXX codes where QWEST received complete and accurate routing information required for
code activations less than 25 days prior to the LERG due date or Revised due date.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page8?
OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878
NP-1 - NXX Code Activation (continued).
Product Reporting: None Standards:
NP-1A: Parity
NP-1 B: Diagnostic
Availability:Notes:
Available 1."2-6 codes' are industry-standard
designators for local interconnection trunk
groups, consisting of 2 alpha letters and six
numeric digits.
2.Only Owest-provided interconnection facilties
are noted in this exclusion, because delays
related to facilties provided by CLECs or
others are accounted for by revising the due
date.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 88
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Collocation
CP-1 - Collocation Completion Interval
Purpose:
Evaluates the timeliness of Qwests installation of collocation arrangements for CLECs, focusing on the
averai:e time to comolete such arranaements.
Description:
Measures the interval between the Collocation Application Date and Qwests completion of the
collocation installation.
. Includes all collocations of types specified herein that are assigned a Ready for Service (RFS) date
by Qwest and completed dunng the reporting period, subject to exclusions specified below.
. Collocation types included are: physical cageless'rlhysical caged, shared physical caged, physical-
line sharing, cageless-Iine shanng, and virtuaL. NO 1
. The Collocation Application Date is the date Qwest receives from the CLEC a complete and valid
application for collocation. In cases where the CLEC's collocation application is received by Qwest
on a weekend or holiday, the Collocation Application Date is the next business day following the
weekend or holiday.
. Major Infrastructure Modifications include conditioning the collocation space, obtaining permits, and
installng DC power plant, standby generators, heating, venting or air conditioning equipment.
. Completion of the collocation installation is the date on which the requested collocation arrangement
is "Ready For Service" as defined in the Definition of Terms section herein.
. Establishment of RFS Dates: RFS dates are established according to intervals specified in
interconnection agreements. Where an interconnection agreement does not specify intervals, or
where the CLEC requests, RFS dates are established as follows:
. Collocation Applications with Timely Quote Acceptance and, for Virtual Collocations, also
with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote
in seven or fewer calendar days after the quote date and, for virtual collocations, where the CLEC
provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation
Application Date, the RFS date shall be:
. Forecasted Collocations: 90 calendar days after the Collocation Application Date for
collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar
days in advance of the Collocation Application Date.
. Unforecasted Collocations: 120 calendar days after the Collocation Application Date for
collocations for which the CLEC does not provide a forecast to Qwest 60 .or more calendar
days in advance of the Collocation Application Date.
. Collocation Applications with Late Quote Acceptance and, for Virtual Collocations, also
with Timely Equipment Ready - for collocation applications where the CLEC accepts the quote
in eight or more calendar days after the quote date and, for virtual collocations, where the CLEC
provides the equipment to be collocated to Qwest 53 calendar days or less after the Collocation
Application Date, the RFS date shall be:
.. Forecasted Collocations: 90 calendar days after the quote acceptance date for collocations
for which the CLEC provides a complete forecast to Qwest 60 or more calendar days in
advance of the Collocation Application Date.
. Unforecasted Collocations: 120 calendar days after the quote acceptance date for
collocations for which the CLEC does not provide a fore.cast to Qwest 60 or more calendar
days in advance of the Collocation Application Date.
. Virtual Collocation Applications with Timely Quote Acceptance and Late Equipment Ready
- for virtual collocation applications where the CLEC (1) accepts the quote in seven or fewer
calendar days after the quote date and (2) provides the equipment to be collocated to Qwest
more than 53 calendar days after the Collocation Application Date, the RFS date shall be:
. Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for
collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit 8 December 17, 2010 Page 89
OocuSign Envelope 10: 62856801-CE6B-462A-855F-1DFF6E17A878
CP-1 - Collocation Completion Interval (continued)
days in advance of the Collocation Application Date.
- Unforecasted Collocations: 75 calendar days after the equipment is provided to Owest, for
collocations for which the CLEC does not provide a forecast to Owest 60 or more calendar
days in advance of the Collocation Application Date.
· Virtual Collocation Applications with Late Quote Acceptance and Late Equipment Ready -
for virtual collocation applications where the CLEC (1) accepts the quote in eight or more
calendar days after the quote date and (2) provides the equipment to be collocated to Owest
more than 53 calendar days after the Collocation Application Date,. the RFS date shall be:
- Forecasted Collocations: 45 calendar days after the equipment is provided to Owest, for
collocations for which the CLEC provides a complete forecast to Owest 60 or more calendar
days in advance of the Collocation Application Date. .
- Unforecasted Collocations: 75 calendar days after the equipment is provided to Owest, for
collocations for which the CLEC does not provide a forecast to Owest 60 or more calendar
days in advance of the Colloction Application Date.
· All Collocations (physical. virtual. forecasted. or unforecastedl requiring Major
Infrastructure Modifications: the later of (1) up to 150 calendar days (as specifed in the quote)
after the Collocation Application Date, or (2) for virtual collocations, 45 days following the date
equipment to be collocated is provided to Owest for collocations in which Major Infrastructure
Modifications are required. Qwest wil provide to the CLEC, as part of the quotation, the need for,
and the duration of, such extended intervals.
· When a CLEC submits six (6) or more Collocation applications in a one-week period in any state,
completion intervals wil be individually negotiated. These collocation arrangements wil be
included in CP-1A, -18, or -1C according to the interval criteria specified below for these
measurements.
· Where there is a CLEC-caused delay, the RFS Date is rescheduled
· RFS dates may be extended beyond the above intervals for CLEC reasons, or for reasons beyond
Owests control, but not for Owest reasons.
· Where CLECs do not accept the quote within 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-18 Measures collocation installations for which the scheduled interval from Collocation
Application Date to RFS date is 91 to 120 calendar days.
CP-1 C Measures collocation instaUations for which the scheduled interval from Collocation
Application Date to RFS date is 121 to 150 calendar days.Reporting Period: One month Unit of Measure: Calendar Days
Reporting Comparisons: CLEC aggregate and
individual CLEC results
Disaggregation Reporting: Statewide.
Formula: (for GP-1A, CP-18 and CP-1C)
-((Collocation Completion Date) - (Complete Application Date))- (Total Number of Collocations
Completed in Reporting Period)
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit 8 December 17, 2010 Page 90
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CP-1 - Collocation Completion Interval (continued)
Exclusions:
. CP-1A: CLEC collocation applications with RFS dates yielding scheduled intervals longer than 90
calendar days from Collocation Application Date to RFS date.
. CP-1 B: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 91
calendar days or longer than 120 calendar days from Collocation Application Date to RFS date.
. CP-1 C: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 121
calendar days or longer than 150 calendar days from Collocation Application Date to RFS date.
. Cancelled or expired applications.
Product Reporting: None Standards:
CP-1 A: 90 calendar days
CP-1B: 120 calendar days
CP-1 C: 150 calendar days
Availabilty:
Available
Notes:
1. Collocations covered by this measurement are central offce related. As
additional types of central offce collocation are defined and offered, they
wil be included in this measurement. Non-central offce-based types of
collocation (such as remote collocation and field connection points) wil be
considered for either inclusion in this measurement, or in new, separate
measurements, after the terms, conditions, and processes for such
collocation types become finalized, accepted, mature (Le., six months of
experience from first installations), and ordered in volumes warranting
reoortina (Le., consistentlv more than two per month in anv statel.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 91
OocuSignEnvelope 10: 6285680FCE6B-62A-855F.1DFF6E17 A878
CP-2 - Collocations Completed within Scheduled Intervals
Purpose:
Evaluates the extent to which Owest completes collocation arrngements 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 forth in interconnection agreements.
. Includes all collocations of tyes specified herein that are assigned a Ready for Service Date RFS date by
Owest and that are completed within the reporting period, including those with CLEC-requested RFS dates
longer than the standard interval and those with extended RFS dates negotiated with the CLEC (including
supplemented collocation orders that extend the RFS date) subject to exclusions specified below.
Collocation types included are: physical ca~eless, physical caged, shared physical caged, physical-line
sharing, cageless-Iine sharing, and virtuaL. OTE 1
. The Collocation Application Date is the date Owest receives from the CLEC a complete and valid
application for collocation. In cases where the CLEC's collocation application is received by Owest on a
weekend or holiday, the Collocation Application Date is the next business day following the weekend or
holiday.
. Major Infrastructure Modifications are defined as conditioning the collocation space, obtaining permits, and
installng DC power plant, standby generators, heating, venting or air conditioning equipment.
. A collocation arrangement is counted as met under this measurement if its RFS date is met.
. Establishment of RFS Dates: RFS dates are established as follows, except where interconnection
agreements require different intervals, in which case the intervals specified in the interconnection
agreements apply:
. Collocation Applications with Timely Quote Acceptnce and, for Virtual Collocations, also with
Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in seven
or fewer calendar days after the quote date and, for virtual collocations, where the CLEC provides the
equipment to be collocated to Owest 53 calendar days or less after the Collocation Application Date,
the RFS date shall be:
. Forecasted Collocations: 90 calendar days after the Collocation Application Date for physical
collocations for which the CLEC provides a complete forecast to Owest 60 or more calendar days
in advance of the Collocation Application Date.
. Unforecasted Collocations: 120 calendar days after the Collocation Application Date for physical
collocations for which the CLEC does not provide a forecast to Owest 60 or more calendar days in
advance of the Collocation Application Date.
. Collocation Applications with Late Quote Acceptance and, for Virtual Collocations, also with
Timely Equipment Ready - for collocation applications where the CLEC accepts the quote in eight or
more calendar days after the quote date and, for virtual collocations, where the CLEC provides the
equipment to be collocated to Owest 53 calendar days or less after the Collocation Application Date,
the RFS date shall be:
. Forecasted Collocations: 90 calendar days after the quote acceptance date for collocations for
which the CLEC provides a complete forecast to Owest 60 or more calendar days in advance of the
Collocation Application Date.
. Unforecasted Collocations: 120 calendar days after the quote acceptance date for collocations
for which the CLEC does not provide a forecast to Owest 60 or more calendar days in advance of
the Collocation Application Date.
. Virtual Collocation Applications with Timely Quote Acceptance and Late Equipment Ready - for
virtual collocation applications where the CLEC (1) accepts the quote in seven or fewer calendar days
after the quote date and (2) provides the equipment to be collocated to Owest more than 53 calendar
days after the Collocation Application Date, the RFS date shall be:
. Forecasted Collocations: 45 calendar days after the equipment is provided to Owest, for
collocations for which the CLEC provides a complete forecast to Owest 60 or more calendar days
in advance of the Collocation Application Date.
. Unforecasted Collocations: 75 calendar days after the equipment is provided to Owest, for
collocations for which the CLEC does not provide a forecast to Owest 60 or more calendar days in
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 92
.
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OocuSignErivelope 10: 62856801-CE6B-462A-855F-1 OFF6E17A878.
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CP-2 - Collocations Completed within Scheduled Intervals (continued)
advance of the Collocation Application Date.
. Virtual Collocation Applications with Late Quote Acceptance and Late Equipment Ready - for
virtual collocation applications where the CLEC (1) accepts the quote in eight or more calendar days
after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar
days after the Collocation Application Date, the RFS date shall be:
. Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for
collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar days
in advance of the Collocation Application Date.
. Unforecasted Collocations: 75 calendar days after the equipment is provided to Qwest, for
collocations for which the CLEC does not provide a forecast to Qwest 60 or more calendar days in
advance of the Collocation Application Date.
. All Collocations (physical, virtual, forecasted, or unforecasted) requiring Major Infrastructure
Modifications: the later of(1) up to 150 calendar days (as specified in the quote) after the Collocation
Application Date, or (2) for virtual collocations, 45 calendar days following the date equipment to be
collocated is provided to Qwest for collocations in which Major Infrastructure Modifications are
required. Qwest wil provide to the CLEC, as part of the quotation, the need for, and the duration of,
such extended intervals.
. When a CLEC submits six (6) or more Collocation applications in a one-week period in any state,
completion intervals wil be individually negotiated. These collocation arrangements wil be included in
CP-2A, -28, or -2C according to the criteria specified below for these measurements.
. Where there is a CLEC-caused delay, the RFS Date is rescheduled.
. Where CLECs do not accept the quote within thirty calendar days of the quote date, the application is
considered expired.
CP-2A Forecasted Collocations: Measures collocation installations for which CLEC provides a forecast
to Qwest 60 or more calendar days in advance of the Collocation Application Date.
CP-2B Non-Forecasted and Late Forecasted Collocations: Measures collocation installations for
which CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the
Collocation Application Date. .
CP-2C All Collocations requiring Major Infrastructure Modifications and Collocations with
intervals longer than 120 days: Measures all collocation installations requiring Major
Infrastructure Modifications and collocations for which the RFS date is more than 120 calendar
days after the Collocation Application Date.
Reporting Period: One month
.
I Unit of Measure: Percent
Disaggregation Reporting: Statewide leveL.Reporting Comparisons: CLEC aggregate and
individual CLEC results
Formula: (for CP-2A, CP-28 and CP-2C)
((Count of Collocations for which the RFS is met) . (Total Number of Collocations Completed in the Reporting
Period)) x 100
Exclusions:
.. RFS dates missed for reasons beyond Qwests controL.
.. Cancelled or expired requests.
Product Reporting: None Standards:
CP-2A & -28: 90%
CP.2C: 90%
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit 8 Decmber 17, 2010 Page 93
OocuSign Envelope 10: 62856801-eE6B-2A-855F-1DFF6E17A878
CP-2 - Collocations Completed within Scheduled Intervals (continued)
Availabilty:
Available
Notes:
1. Collocations covered by this measurement are central offce related. As
additional types of centrl offce collocation are defined and offered, they wil
be included in this measurement. Non-central offce-based types of
collocation (such as remote collocation and field connection points) will be
considered for either inclusion in this measurement, or in new. separate
measurements, after the terms, conditions. and processes for such
collocation tyes become finalized, accepted, mature (Le., six months of
experience from first installations). and ordered in volumes warranting
reportina (Le., consistentlv more than two per month in anv state),
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 94
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DocuSign Envelope 10: 62856801-CE6B-462A855F-10FF6E17A878.
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CP-3 - Collocation Feasibilty Study Interval
Purpose:
Evaluates the timeliness of the Owest sub-process function of providing a collocation feasibility study
to the CLEC.
Description:
Measures average interval to respond to collocation studies for feasibilty of installation..Includes feasibility studies, for collocations of types specified herein that are completed in the
reporting period, subject to exclusions specified below. Collocation types included are: physical
cageless, ~hysical caged, shared physical caged, physical-line sharing, cageless-line sharing, and
, virtuaL. NOT 1.Interval begins with the Collocation Application Date and ends with the date Owest completes the
Feasibilty Study and provides it to the CLEC..The Collocation Application Date is the date Owestreceives from the CLEC a complete
application for collocation. In cases where the CLEC's application for collocation is received by
Owest on a weekend or holiday, the Collocation Application Date is the next business day
followina the weekend or holidav.
Reporting Period: One month Unit of Measure: Calendar Days
Reporting Comparisons: CLEC aggregate and Disaggregation.Reporting: Statewide leveL.
individual CLEC results
Formula:
-((Date Feasibilty Study provided to CLEC) - (Date Owest receives CLEC request for Feasibility
Study))-. (Total Feasibilty Studies Completed in the Reporting Period)
Exclusions:.CLEC-caused delays of, or CLEC requests for feasibilty study completions resulting in greater
than ten calendar days from Collocation Application Date to scheduled feasibility study completion
date.
Product Reporting:None Standard:10 calendar days or less
Availabilty:Notes:
Available 1.Collocations covered by this measurement are central offce related.
As additional types of central offce collocation are defined and
offered, they wil be included in this measurement. Non-central
offce-based types of collocation (such as remote collocation and
field connection points) wil be considered for either inclusion in this
measurement, or in new, separate measurements, after the terms,
conditions, and processes for such collocation types become
finalized, accepted, mature (Le., six months of experience from first
installations), and ordered in volumes warranting reporting (Le.,
consistentlv more than two per month in anv statel.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 95 .
OocuSign Envelope 10: 62856801-CE6B-42A-855F-10FF6E17A878
CP-4 - Collocation Feasibilty Study Commitments Met
Purpose:
Evaluates the degree that Owest completes the subprocss function of providing a collocation
feasibiltv study to the CLEC as committed.
Description:
Measures the percentage of collocation feasibilty studies for installations that are completed within the
Scheduled Interval.The Scheduled Interval is ten calendar days from the Collocation Application Date or, if
interconnection agreements call for diferent intervals, within intervals specified in the agreements,
or if otherwise delayed by the CLEC, the interval resulting from the delay..Includes all feasibility studies for collocations of types specified herein, that are completed in the
reporting period. Collocation types included are: physical cageless, physical caged, shared
physical caged, physical-line sharing, cageless-line sharing, and virt~al. NOTE 1.Considers the interval from the Collocation Application Date to the date Owest completes the
Feasibilty Study and provides it to the CLEC..The Collocation Application Date is the date Owest receives from the CLEC a complete
application for collocation. In cases where the CLEC's application for collocation is received by
Owest on a weekend or holiday, the Colloction Application Date is the next business day
following the weekend or holiday...Subject to superceding terms in the CLEC's interconnecion agreement, when a CLEC submits six
(6) or more 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.
Reporting Period: One month Unit of Measure: Percent
Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Statewide leveL.
and individual CLEC results
Formula:
((Total Applicable Collocation Feasibility studies completed within Scheduled Intervals) .. (Total
applicable Collocation Feasibilty studies completed in the reporting period)) x 100
Exclusions: None
Product Reporting: None Standard:90 percent or more
Availabilty:Notes:
Available 1.Collocations covered by this measurement are central offce
related. As additional types of central offce collocation are
defined and offered, they will be included in this measurement.
Non-central offce-based types of collocation (such as remote
collocation and field connection points) wil be considered for
either inclusion in this measurement, or in new, separate
measurements, after the terms, conditions, and processes for
such colloction types become finalized, accepted, mature (I.e.,
six months of experience from first installations), and ordered in
volumes warrnting reportng (I.e., consistently more than two
per month in any state).
.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17,2010 Page 96
'Te
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DEFINITION OF TERMS
Application Date (and Time) - The date (and time) on which Qwest receives from the CLEC a
complete and accurate local service request (LSR) or access service request (ASR) or retail order,subject to the following: .
. For the following types of requests/orders, the application date (and time) is the start of the next
business day:
(1) LSRs and ASRs received after 3:00PM MT for Designed Services and Local Number
Portabilty (except non-designed, flow-through LNP).
(2) Retail orders received after 3:00 PM local time for Designed Services.
(3) LSRs received after 7:00PM MT for POTS Resale (Residence and Business), Non-Design
Resale Centrex, non-designed UNE-P, Unbundled Loops, and non-designed, flow-through
LNP.
(4) Retail orders for comparable non-designed services cannot be received after closing time, so
the cutoff time is essentially the business offce closing time.
. For all types of orders that are received from Friday at 7:00 PM MT through Sunday, or on
holidays, and do not flow through, the application date (and time) is the next, non-weekend
business day.
Automatic Location Information (ALI) - The feature of E911 that displays at the Public Safety
Answering Point (PSAP) the street address of the callng telephone number. This feature requires a
data storage and retrieval system for translating telephone numbers to the associated address. ALI
may include Emergency Service Number (ESN), street address, room or floor, and names of the
enforcement, fire and medical agencies with jurisdictional responsibilty for the address. The
Management System (E911) database is used to update the Automatic E911 Location Information
databases.
Bil Date - The date shown at the top of the bil, representing the date on which Qwest begins to
close the bilL.
Blocking - Condition on a telecommunications network where, due to a maintenance problem or an
traffc volumes exceeding trunking capacity in a part of the. network, some or all originating or
terminating calls cannot reach their final destinations. Depending on the condition and the part of the
network affected, the network may make subsequent attempts to complete the call or the call may be
completely blocked. If the call is completely blocked, the callng party wil have to re-initiate the call
attempt.
Business Day - Workdays that Qwest is normally open for business. Business Day = Monday
through Friday, excluding weekends and Qwest published Holidays including New Year's Day,
Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas. Individual measurement definitions
may modify (typically expanding) this definition as described in the Notes section of the measurement
definition.
Cleared Trouble Report - A trouble report for which the trouble has been cleared, meaning the
customer is "back in service".
Closed Trouble Report - A trouble report that has been closed out from a maintenance center
perspective, meaning the ticket is closed in the trouble reporting system following repair of the,
trouble.
Code Activation (Opening) - Process by which new NPAlNXXs (area code/prefix) is defined,
through softare translations to network databases and switches, in telephone networks. Code
activation (openings) allow for new groups of telephone numbers (usually in blocks of 10,000) to be
made available for assignment to an ILEC's or CLEC's customers, and for calls to those numbers to
be passed between carriers.
Common Channel Signaling System 7 (CCSS7) - A network architecture used to for the exchange
of signaling information between telecommunications nodes and networks on an out-of-band basis.
Information exchanged provides for call set-up and 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.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 97
OocuSign Envelope 10: 62856801-CE6B-2A-855F-1DFF6E17A878
DEFINITION OF TERMS (continued)
Completion - The time in the order process when the service has been provisioned and service is
available.
Completion Notice - A notification the ILEC provides to the CLEC to inform the CLEC that the
requested service order activity is complete.
Coordinated Customer Conversion -- Orders that have a due date negotiated between the ILEC,
the CLEC, and the customer so that work actvities can be performed on a coordinated basis under
the direction of the receiving carrier.
Customer Requested Due Date - A specific due date requested by the customer which is either
shorter or longer than the standard interval or the interval offered by the ILEC.
Customer Trouble Report - A report that the carner providing the underlying service opens when
notified that a customer has a problem wih their service. Once resolved, the disposition of the
trouble is changed to closed.
Dedicated Transport - A network facilty reserved to the exclusive use of a single customer, carrier
or pair of carriers used to exchange switched or special, local exchange, or exchange access traffc.
Delayed Order - An order which has been. completed after the scheduled due date and/or time.
Directory Assistance Database - A database that contains subscriber records used to provide live
or automated operator-assisted directory assistance. Including 411, 555-1212, NPA-555-1212.
Directory Listings - Subscriber information used for DA and/or telephone directory publishing,
including name and telephone number, and optionally, the customets address.
DS-O - Digital Service Level O. Service provided at a digital signal speed commonly at 64 kbps, but
occasionally at 56 kbps.
DS-1 - Digital Service Level 1. Service provided at a digital signal speed of 1.544 Mbps.
DS-3 - Digital Service Level 3. Service provided at a digital signal speed of 44.736 Mbps.
Due Date - The date provided on the Firm Order Confirmation (FOC) the ILEC sends the CLEC
identifying the planned completion date for the order.
End Ofice Switch - A switch from which an end users' exchange services are directly connected
and offered.
Final Trunk Groups - Interconnection and interoffce trunk groups that do not overfow traffc to
other trunk groups when busy.
Firm Order Confirmation (FOC) - Notice the ILEC sends to the CLEC to notify the CLEC that it has
received the CLECs service request, created a service order, and assigned it a due date.
Flow-Through -The term used to describe whether a LSR electronically is passed from the OSS
interface system to the ILEC legacy system to automatically create a service order. LSRs that do not
flow through require manual intervention for the service order to be created in the ILEC legacy
system.
Interval Zone 1/Zone 2 - Interval Zone 1 areas are .wire centers for which Owest specifies shorter
standard servce intervals than for Interval Zone 2 areas.
Installation - The activity performed to activate a service.
Installation Troubles - A trouble, which is identified after service order activity and installation, has
completed on a customets line. It is likely attributable to the service activity (within a defined time
period).
Interconnection Trunks - A network facility that is used to interconnect two switches generally of
different local exchange carriers
Inward Activity - Refers to all orders for new or additional lines/circuits. For change order types,
additional lines/circuits consist of all C orders with "I" and "T" action coded line/circuit USOCs that
represent new or additional lines/circuits, including conversions from retail to CLEC and CLEC toCLEC.. .
Jeopardy - A condition experienced in the service provisioning process which results potentially in
the inability of a carrier to meet the committed due date on a service order
Jeopardy Notice - The actual notice that the ILEC sends to the CLEC when a jeopardy has been
identified.
Lack of Facilties - A shortage of cable facilities identified after a due date has been committed to a
customer, including the CLEC. The facilties shortge may be identified during the inventory
assignment process or during the service installation process, and typically triggers a jeopardy.
Local Exchange Routing Guide (LERG) - A Bellcore master file that is used by the telecom
industry. to identify NPA-NXX routing and homing information, as well as network element and
equipment designations. The file also includes scheduled network changes associated with activity
within the North American Numbering Plan (NANP).
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 98
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fJ.
OocuSign Envelope 10: 62856801-CE6B-462A.855F.1DFF6E17A878.DEFINITION OF TERMS (continued)
Local Exchange Traffic - Traffc originated on the network of a LEC in a local callng area that
terminates to another LEC in a local callng area.
Local Number Portabilty (formerly defined under Permanent Number Portabilty and also
known as - Long Term Number Portabilty) - A network technology which allows end user
customers to retain their telèphone number when moving their service between local service
providers. This technology does not employ remote call forwarding, but actually allows the
customer's telephone number to be moved and redefined in the network of the new service provider.
The activity to move the telephone number is called "porting."
Local Service Request (LSR) - Transaction sent from the CLEC to the ILEC to order services or to
request a change(s) be made to existing services.
MSAlNon-MSA - Metropolitan Statistical Area is a government defined geographic, area with a
population of 50,000 or greater. Non-Metropolitan Statistical Area is a government defined
geographic area with population of less than 50,000. Qwest depicts MSA Non-MSA based on NPA
NXX. Where a wire center is predominantly within an MSA, all lines are counted within the MSA.
Mechanized Bil - A bil that is delivered via electronic transmission.
NXX, NXX Code or Central Office Code - The three digit switch entity indicator that is defined by
the "0", "E", and "F" digits of a 10-digit telephone number within the NANP. Each NXX Code
contains 10,000 station numbers.
Plain Old Telephone Service (POTS) - Refers to basic 2-wire, non-complex analog residential and
business services. Can include feature capabilities (e.g., CLASS features).
Projects - Service requests that exceed the line size anclor level of complexity which would allow for
the use of standard ordering and provisioning processes. Generally, due dates for projects are
negotiated, coordination of service installations/changes is required and automated provisioning may
not be practicaL.
Query Types - Pre-ordering information that is available to a CLEC that is categorized according to
standards issued by OBF and/or the FCC.
Ready For Service (RFS) - The status achieved in the installation of a collocation arrangement
when all "operational" work has been completed. Operational work consists of the following as
applicable to the particular type of collocation: .
. Cage enclosure complete;
. DC power is active (including fuses available, BDFB (Battery Distribution Fuse Board) in place,
and cables between the CLEC and power terminated);
. Primary AC outlet in place;
. Cable racking and circuit terminations are complete (e.g. fiber jumpers placed between the
Outside Plant Fiber Distribution Panel and the Central Offce Fiber Distribution Panel serving the
CLEC). and
. The following items complete, subject to the CLEC having made required payments to Qwest
(e.g., final payment): (If the required CLEC payments have not been made, the following items
are not required for RFS):
. Key turnover made available to CLEC.
. APOT/CFA complete, as definedlrequired in the CLEC's interconnection agreement,
and
. Basic telephone service and other services and facilties complete, if ordered by CLEC in
time to be provided on. the scheduled RFS date (per Qwests published standard installation
intervals for such telephone service).
Ready for Service Date (RFS date) - The due date assigned to a collocation order (typically
determined by regulatory rulings, contract terms, or negotiations with CLEC) to indicate when
collocation installation is scheduled to be ready for service, as defined above.
Reject - A status that can occur to a CLEC submitted local service request (LSR) when it does not
meet certain criteria. There are two types of rejects: (1) syntax, which occur if required fields are not
included in the LSR; and (2) content, which occur if invalid data is provided in a field. A rejected
service request must be corrected and re-submitted before provisioning can begin.
Repeat Report - Any trouble report that is a second (or greater) report on the same telephone
number/circuit 10 and at the same premises address within 30 days. The original report can be any
category, including excluded reports, and can carr any disposition code.
Service Group Type - The designation used to identify a category of similar services, .e.g., UNE
loops.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 99
OocuSign Envelope 10: 62856801-CE6B-2A-855F-1DFF6E17A878
DEFINITION OF TERMS (continued)
Service Order - The work order created and distrbuted in ILECs systems and to ILEC work groups
in response to a complete, valid local service request.
Service Order Type - The designation used to identify the major types of provisioning activities
associated with a local service request.
Standard Interval - The interval that the ILEC publishes as a guideline for establishing due dates for
provisioning a service request. Typically, due dates wil not be assigned with intervals shorter than
the standard. These intervals are specified by service type and type of servce modification
requested. ILECs publish these standard intervals in documents used by their own service
representatives as well as ordering instructions provided to CLECs in the Owest Standard Interval
Guidelines.
Subsequent Report - A trouble report that is taken in relation to a previously-reported trouble prior
to the date and time the initial report has a status of .closed:
Tandem Switch - Switch used to connect and switch trunk circuits between and among Central
Office switches.
Time to Restore - The time interval from the receipt, by the ILEC, of a trouble report on a
customets service to the time service is fully restored to the customer.
Unbundled Network Element - Platform (UNE-P) - Combinations of network elements, including
both new and conversions, involving POTS (i.e., basic servces providing dial tone).
Unbundled Loop - The Unbundled Loop is a transmission path between a Owest Central Offce
Distribution Frame, or equivalent, and the Loop Demarcation Point at an end user premises. Loop
Demarcation Point is defined as the point where Owest owned or controlled facilties cease, and
CLEC, end user, owner or landlord ownership of facilties begins.
Usage Data - Data generated in network nodes to identify switched call data on a detailed or
summarized basis. Usage data is used to create customer invoices for the calls.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 100
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OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878.
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GLOSSARY OF ACRONYMS
ACRONYM DESCRIPTION
ACO Automatic Call Distributor
ADSL Asvmmetric Diaital Subscriber Line
ALI Automatic Line Information (for 911/E911 systems)
ASR Service Reauest (orocessed via Ë)act system)
BRI Basic Rate Interface (type of ISDN service)
CABS Carrier Access Biling System
CKT Circuit
CLEC Competitive Local Exchange Carrier .
CO Central Ofice
CPE Customer Premises Equipment
CRIS Customer Record Information System
CSR Customer Service Record
DA Directory Assistance
DB Decibel
DB Database
DSO Diaital Service 0
DS1 Digital Service 1
DS3 Diaital Service 3
E911 MS E911 Management System
EAS Extended Area Service
EB-TA Electronic Bonding - Trouble Administration
EELS Enhanced Extended Loops
ES Emergency Services (for 911/E911)
FOC Firm Order Confirmation
GUI Graphical User Interface
HDSL Hiah-Bit-Rate Diaital Subscriber Line
HICAP High Capacity Digital Service
IEC Interexchange Carrier
ILEC Incùmbent Local Exchange Carrier
INP Interim Number Portbilty
10F Interoffice Facilties (refers to trunk facilties located between
Owest central offces)
ISDN Intearated Services Diaital Network
IMA Interconnect Mediated Access
LATA Local Access Transoort Area
LERG Local Exchange Routing Guide
L1DB Line Identification Database
LIS Local Interconnection Service Trunks
LNP Long Term Number Portabilty
LSR Local Service Request
N, T,C Service Order Types - - N (naw), T (to or transfer), C
(change)
NANP North American Numbering Plan
NDM Network Data Mover
NPAC Number Portability Administration Center
NXX Telephone number prefix
OBF Orderina and Bilina Forum
OOS Out of service (type of trouble condition)
OSS Ooerations Suooort Systems
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 101
OocuSign Envelope 10: 62856801-CE6B-42A-855F-1DFF6E17A878
GLOSSARY OF ACRONYMS (continued)
ACRONYM DESCRIPTION .,
PBX Private Branch Exchange
PON Purchase Order Number
POTS Plain Old Telephone Service
PRI Primary Rate Interface (type of ISDN service)
RFS Readv for Service (refers to collocation installations)
SIA SAAFE (Strategic Application Architecture Framework and
Environment) Information Access
SOP Service Order Processor
SOT Service Order Tvpe
SS?Signaling SYStem ?
STP Sianalina Transfer Point
TN Telephone Number
UDIT Unbundled Dedicated Interoffce Transport
UNE Unbundled Network Element
UNE-P Unbundled Network Element - Platform
VRU Voice Response Unit
WFA Work Force Administration
XDSL (x) Digital Subscriber Line. (The "x" prefix refers to DSL
generically. An "x" replaced by an "A" refers to Asymmetric
DSL, and by an "H" refers to High-bit-rate DSL.)
XML Exensible Markup Lanauaae
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B Decmber 17,2010 Page 102
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APPENDIX A
PO-20 Feature Detail Fields
Feature Detail
Resale and UNE-P (Centrex 21):
CFN
Validate the call forwarding TN
CFNB
Validate the call forwarding TN
CFND
Validate the call forwarding TN
RCYC
FlO associated with a call forwarding don't answer 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 associated with the USOC HLA (which is on our USOC list to validate.) The Hot Line feature call forwards
automatically to a pre-programmed number. This TN is provided following the HLN FlO. The data provided in
the Feature Detail section on the LSR wil be validated against the HLN FlO on the service order to determine
whether the FlO is present and the TN provided on the LSR with the FlO is correct on the service order.
LINK (HME CALL FORWARDING TO CELLULAR)
FlO associated with the USOC HME (which is on our USOC list to validate.) The HME feature call forwards a
call from the landline telephone number to a cellular telephone number. The LINK FlO, along with the PCS
telephone number provided in the Feature Detail section on the LSR, will be validated against the LINK FlO on
the service order to determine whether the FlO is present and the telephone number provided on the LSR
matches the telephone number on the service order.
DES on DID MBB
If the CLEC requests a DID voice mailbox the DID number wil follow the FlO DES on the LSR in the Feature
Detail section and on the service order. The DES FlO along with the DID telephone number provided in the
Feature Detail section on the LSR will be validated against the DES FlO on the servce order to determine
whether the FlO is present and the DID telephone number provided on the matches the telephone number on
the service order.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 103
OocuSign Envelope 10: 62856801-CE6B-42A-855F-1DFF6E17A878
APPENDIX A (continued)
TN on Custom Ring USOC (RGG1A etc.)
We currently have 9 custom ring USOCs on our PO-20 USOC list. Along with the custom ring USOC is the
TN FlO. The TN FlO along with the custom ring telephone number provided in the Feature Detail section on
the LSR wil be validated against the TN FlO on the servce order to determine whether the FlO is present and
the custom ring telephone provided on the LSR with the FlO is correct on the service order. (The validation
would only apply if the USOC and FlO were present in the Feature Detail section of the LSR.)
CAS (If provided on LSR for SEA)
Call Screening Code Assignment is a FlO associated with the selective class of call feature (which is on our
USOC list to validate.) AlOng with the CAS FlO is a two-cigit number that indicates what type of screening is
being requested. The CAS FlO along with a two-digit number is provided in the Feature Detail section on the
LSR. The PO-20 review wil validate that the FlO is floated on the service order behind the feature USOC and
that the two-digit number matches the two-digit number provided on the LSR.
WW (if provided on LSR for TFM)
Working With is a FlO associated with the transfer mailbox feature (which is on our USOC list to validate.)
Along with the WW FlO is a ten-digit number that indicates where the voice mailbox is located. The WW FlO
along with the ten-digit numberis provided in the Feature Detail section on the LSR. The PO-20 review wil
validate that the FlO is floated on the service order behind the feature USOC and that the ten-digit number
matches the ten-cigit number provided on the LSR.
MBOA (if provided on LSR for VFN)
Mailbox out-dial notification is a FlO assocated with the message notification feature (which is on our USOC
list to validate.) Along with the MBOA FlO is a two-digit alphanumeric combination that indicates where the
notification will be sent (Le., identifies pager type.) The MBOA FlO along with the two-digit alphanumeric
combination is provided in the Feature Detail section on the LSR. The PO-20 review wil validate that the FlO
is floated on the service order behind the feature USOC and that the two-digit alphanumeric matches the two-
digit alphanumeric provided on the LSR.
DES on VGT (if provided on LSR)
Description is a FlO associated with the scheduled greeting feature (which is on our USOC list to validate.)
Along with the DES FlO is a ten-digit telephone number that reflects the DID mailbox number. The DES 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 USOC and that the ten-digit
telephone number matches the ten-digit telephone number provided on the LSR.
WL T (WLS Warm Line)
Warm line timeout is a FlO associated with the warm line feature. Along with the WL T FlO is a one or two
numeric value that indicates the number of seconds that must,elapse before the OMS-100 switch sets up the
connection for a warm line service number. The WL T FlO along with the one or two numeric value is provided
in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO is floated on the service
order behind the feature USOC and that the one or two numeric value matches the one or two numeric value
provided on the LSR.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 104
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APPENDIX A (continued)
FIDs associated with WFA (800 service line feature which is on our usoe list to validate):
SIT (if provided on LSR for WFA)
Special identifying telephone number is a 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
USOC and that the ten-digit telephone number matches the ten-digit telephone number provided on
the LSR.
SIS (if provided on LSR for WFA)
Special Identifying Telephone Number Supplemental is a FID associated with the 800 service line
feature. The SiS FlO along with a one-digit number is provided in the Feature Detail section on the
LSR. The PO-20 review wil validate that the FlO is floated on the servce order behind the feature
USOC and that the one-digit number matches the one-digit number provided on the LSR.
ELN (if provided on LSR for WFA)
800 Service listed name is a FlO associated with the 800 service line feature. Along with the ELN FlO
is a listed name, which follows the format of a business name. The ELN FlO along with the name is
provided in the Feature Detail section on the LSR. The PO-20 review will validate that the FlO is
floated on the service order behind the feature USOC and that the name matches the name provided
on the LSR.
ELA (if provided on LSR for WFA)
800 listed address is a FlO associated with the 800 service line feature. Along with the ELA FID is an
address, which follows the format of a listed address plus LATA, State, and ZiP code. The ELA FID
along with the address is provided in the Feature Detail section on the LSR. The PO-20 review wil
validate that the FlO is floated on the service order behind the feature USOC and that the address
matches the address provided on the LSR.
AOS (if provided on LSR for WFA)
Area of service is a FlO associated with the 800 service line feature. Along with the AOS FlO are one
to two alphanumeric characters and three numeric characters which represents LATA and AC of the
address. The AOS FID along with the additional characters are provided in the Feature Detail section
on the LSR. The PO-20 review wil validate that the FlO is floated on the service order behind the
feature USOC and that the additional characters match the additional characters provided on the LSR.
ALe (if provided on LSR for WFA)
IntraLATA carrier is a FlO associated with the 800 service line feature. It indicates the IntraLATA
carrier for the 800 service. Along with the ALC FID is the three-digit code (OTC) for the IntraLATA
carrier. The-ALC FID along with the three-digit code is provided in the Feature Detail secton on the
LSR. The PO-20 review wil validate that the FlO is floated on the service order behind the feature
USOC and that the three-digit code matches the three-digit code provided on the LSR.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 105
OocuSign Envelope 10: 62856801-CE6B-42A-855F-1DFF6E17A878
APPENDIX A (continued)
Resale and UNE..P Centrex 21
FIDs associated with S03, S05, SFB, C2T AX (Electronic Business Set USOCs which are on our USOC
list to validate):
KEY (If provided on LSR for Electrnic Business Set EBS USOCs)
Key Designation (KEY number) is a FlO associated with the Electronic Business Set feature. Along
with the KEY FlO is a numeric value that indicates the key designated for different features or lines on
the EBS. The KEY FlO along with the numeric value is provided in the Feature Detail section on the .
LSR. The PO-20 review wil validate that the FID is floated on the service order behind the feature
USOC and that the numeric value matches the numeric value provided on the LSR.
MADN (If provided on LSR for Electronic Business Set EBS USOCs)
Multiple Appearance Directory Number Call Arrangement is a FID associated with the Electronic
Business Set feature. Along with the MAON FID is a set of alpha values that indicate the type,
appearance and ring status desired for different features or lines on the EBS. The KEY FlO along with
the alpha values is provided in the Feature Detail section on the LSR. The PO-20 review wil validate
that the FID is floated on the service order behind the feature USOC and that the alpha values match
the alpha values provided on the LSR.
ROL (If provided on LSR for Electrnic Business Set EBS USOCs)
Ring On Line is a FID associated with the Electronic Business Set feature. Along with the ROL FID is
an alpha value that indicates if the line wil ring (Y or N). The ROL FID along with the alpha value is
provided in the Feature Detail section on the LSR. The PO-20 review wil validate that the FID is
floated on the service order behind the feature USOC and that the alpha value matches the alpha
value provided on the LSR.
TTD (If provided on LSR for C2TAX
Terminal Type is a FID associated with the adjunct module feature. Along with the TTD FlO is a 4
character alpha value based on customer equipment. The TTO FID along with the 4 character alpha
value is provided in the Feature Detail section on the LSR. The PO-20 review wil validate that the FID
is floated on the service order behind the feature USOC and that the 4 character alpha value matches
the 4 character alpha value provided on the LSR.
Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 106
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OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878.
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APPENDIX A (continued)
FIDs associated with E3PPK (CALL PICK.UP feature which is on our USOC list to validate):
CPG (If provided on LSR for E3PPK)
Call Pickup Group is a FID associated with the CALL PICK-UP feature. Along with the CPG FID is a
1-3 digit numeric value that identifies the call pickup group. The CPG FID along with the 1-3 digit
numeric value is provided in the Feature Detail section on the LSR. The PO-20 review will validate that
the FID is floated on the service order behind the feature USOC and that the 1-3 digit numeric value
matches the 1-3 digit numeric value provided on the LSR.
CPUO (If provided on LSR for E3PPK)
Call Pickup-Originating is a FID associated with the CALL PICK-UP feature. Along with the CPUO FID
is an alphanumeric value that identifies the call pickup group. The CPUO FID along with the
alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review wil
validate that the FID is floated on the service order behind the feature USOC and that the
alphanumeric value matches alphanumeric value provided on the LSR.
CPUT (If provided on LSR for E3PPK)
Call Pickup-Terminating is a FID associated with the CALL PICK.UP feature. Along with the CPUT
FID is an alphanumeric value that identifies the call pickup group. The CPUT FID along with the
alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review wil
validate that the FID is floated on the service order behind the feature USOC and that the
alphanumeric value matches alphanumeric value provided on the LSR.
FIDs associated with GVJ, EZJ, GVZ, GV2, EVH, GVV (Speed Call feature USOCs that are on our USOC
list to validate):
SCG (If provided on LSR for Speed call USOCs)
Speed Call Group is a FID associated with the Speed call feature. Along with the SCG FID is a 7 digit
numeric value that identifies the controller of the group. The SCG FID along with the 7 digit numeric
value is provided in the Feature Detail section on the LSR. The PO-20 review wil validate that the FID
is floated on the service order behind the feature USOC and that the 7 digit numeric value matches 7
digit numeric value provided on the LSR.
CSL (If provided on LSR for Speed call USOCs)
Change Speed Callng Group List is a FID associated with the Speed call feature. Along with the CSL
FID is a 2 digit numeric value that identifies the size of the group list. The SCG FID along with the 7
digit numeric value is provided in the Feature Detail section on the LSR. The PO-20 review wil
validate that the FID is floated on the service order behind the feature USOC and that the 2 digit
numeric value matches 2 digit numeric value provided on the LSR.
SCF (If provided on LSR for Speed call USOCs)
Speed Callng Feature Name is a FID associated with the Speed call feature. Along with the SCF FID
is an alphanumeric value that identifies the controller of the shared list. The SCF FID along with the
alphanumeric value is provided in the Feature Detail section on the LSR. The PO-20 review wil
validate that the FID is floated on the service order behind the feature USOC and that the
alphanumeric value matches alphanumeric value provided on the LSR.
Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 107
OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878.EXHIBIT C
See Qwests Wholesale web-site for the Service Interval Guide.
.'Exhibit C -Qwest Fourteen State Template Version 1.8, May 11, 2005 1
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OocuSign Envelope 10: 62856801-CE6B-462A-855F-1DFF6E17A878
Exhibit D
Date General Information Provided by Qwest:
General Agreement:
BAN Number(must be assigned before processing):
REVISED QWEST RIGHT OF WAY, POLE ATTACHMENT, INNERDUCT OCCUPANCY GENERAL
INFORMATION: EFFECTIVE 6/29/01
1 1. PURPOSE. The purpose of this General Information document is to share information and
provide or deny permission to attach and maintain CLEC's facilties ("Facilties") to Qwest
Corporation's ("Qwesf') Poles, to place Facilties on or within Qwests Innerduct (collectively
"Poles/lnnerduct") and to obtain access to Qwests private right of way ("ROW"), to the extent Qwest
has the right to grant such access. This General Information is necessary to determine if Qwest can
meet the needs of the CLEC's request but does not guarantee that physical space or access is
currently available. Permission 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
CLEe and Qwest to make Poles, Innerduct and ROW decisions in a cost-effcient manner. The
Process has these distinct steps: .
2.1 Inquiry Review -Attachment 1.A (Database Search). The CLEC is requested to review
this document and return Attachment 1.A along with two copies of a map and the nonrefundable
Inquiry Fee, calculated in accordance with Attachment 1.A hereto. These fees are intended to
cover Qwests expenses associated with performing an internal record (database) review,
preparing a cost estimate for the required field survey, setting up an account, and determining
time frames for completion of each task to meet the CLEC's Request. Be sure a BAN number is
assigned by the Qwest Service Support Representative for each request before sending an
Attachment 1.A To request a BAN number send an email requesting one to:
wholesale.servicessupporteamW2qwest.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/ductpole 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 particular manhole (such as a POI) it must be indicated
on the maps. For ROW: Section, Range and Township, to the ~ section must also be provided.
Qwest wil complete the Inquiry review and prepare and return a Poles/lnnerduct
Verification/ROW Aècess Agreement Preparation Costs Quotation (Attchment 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 hislher name and phone number to the CLEC.
The Field Engineer wil check the local 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
Owest Idaho October 4, 2004 Page 1
OocuSign Envelope 10: 62856801-CE6B-2A-855F-10FF6E17A878
Exhibit D .(fj",-,;:""'
in the location and mapping of Qwest facilties and does not indicate whether space is available.
This information is provided with Attchment 1.8.
In the case of ROW, Qwest wil 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 part 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 (10)
days, which will 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 access to the multi-dwelling 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 will provide to CLEC a copy of agreements listed in the Matrices that have not been
publicly recorded if CLEC obtains authorization for such disclosure from the third 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 Qwest provides to CLEC. Alternatively, in
order to secure any agreement that has not been publicly recorded, a CLEC may provide a
legally binding and satisfactory agreement to indemnify Qwest 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 access to Poles, Ducts and ROW, then Attachment 3 must be executed by
both parties in order to start the Inquiry Review and in order for CLEC to obtain access to Poles, .
Ducts and/or ROW.
2.2 Attchment 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 facilities 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 availabilty 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, Attchment 1.8 orders the field verification which may
be done jointly. A copy of the signed Attchment 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 will deliver to the CLEC an executed and acknowledged
Access Agreement to the CLEC in the form attached hereto as Attachment 4 (the "Access
Qwest Idaho October 4, 2004 Page 2 ~\t
OocuSign Envelope 10: 62856801.CE6B-62A-855F.1DFF6E17A878.Exhibit D
Agreement"). In the event that the ROW in question was created by a publicly recorded document
and Owest has a copy of such document in its files, a copy of the Right-of-Way Agreement, as
defined in the Access Agreement, will be attached to the Access Agreement and provided to the
CLEC at the time of delivery of the Access Agreement. If the ROW was created by a document
that is not publicly recorded, or if Owest does not have a copy of the Right-of-Way Agreement in
its possession, the Access Agreement wil not have a copy of the Right-of-Way Agreement
attached. If the ROW was created by a non-publicly. recorded document, but Owest does not
have a copy of the Right-of-Way Agreement in its possession, the CLEC must obtain, a copy of
the Right-òf-Way Agreement or other suitable documentation reasonably satisfactory to Owest to
describe the real propert involved and the underlying rights giving rise to the Access Agreement.
Although Owest will provide the identity of the original grantor of the ROW, as reflected in
Owests records, the CLEC is responsible for determining the current owner of the 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 responsibilty of the CLEC
to obtain a copy of the Right-of-Way Agreement. If the ROW was created by a publicly recorded
document, the CLEe 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 Owest with
a copy of the properly executed and acknowledged Access Agreement and, if applicable, properly
executed Consent Regarding Disclosure form or letter of indemnification.
Owest is required to respond to each Attachment 1.8. submitted by CLEC within 35 days of
receiving the Attachment 1.8. In the event that Owest believes that circumstances require a
longer duration to undertake the activities reasonably required to deny or approve a request, it
may petition for relief before the Commission or under the escalation and dispute resolution
procedures generally applicable under the interconnection agreement, if any, between Owest and
CLEC.
2.3 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, Owest wil provide
the CLEC a Poles/lnnerduct Order (Atachment 2) containing annual recurring charges, estimated
Make-ready costs. Upon receipt of the executed Attachment 2 Order form from the CLEC and
applicable payment for the Make-Ready Fees identified, Owest will assign the CLEC's requested
space; Owest will also commence the Make-ready work within 30 days following payment of the
Make:-Ready Fees. Owest wil notify CLEC when Poles/lnnerduct are ready for attachment or
placement of Facilties. A copy of the signed Attachment 2 form should be emailed to
wholesale.servcessupporteamtigwest.com while the payment should go to the Joint Use
Manager along with the original signed Attachment 2.
NOTE: Make-ready work performed by Owest concerns labor only. For Poles it involves
rearrangement to accommodate the new attachment. For Innerduct, it involves placing the
standard three innerducts in the conduit to accommodate fiber cable where spare conduit exists.
Segments without conduit space are considered "blocked". Owest wil consider repair or clearing
damaged facilties, but may not construct new facilities as part of Make-ready work.
Construction work to place conduit or replace poles may be required where facilties are blocked.
The CLEC may contract separately with a Owest-approved contractor to complete the
construction provided a Owest inspector inspects the work during and after construction. If other
parties benefit from construction, the costs may be divided among the beneficiaries. Construction
fl't
Qwest Idaho October 4, 2004 Page 3
OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878
Exhibit D
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(,,11t':,Jcosts are not included in Attchment 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 lawful
telecommunications purpose, a nonexclusive, revocable 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 facilty for use by the CLEC.
The costs included in the Poles/lnnerduct Veriication Fee are used to cover the costs incurred by
Owest in determining if Poles/lnnerduct space is available to meet the CLEC's request; however,
the CLEC must agree and wil be responsible for payment of the actual costs incurred if such
costs exceed the estimate. If the actual costs are less than the estimate, an appropriate credit
can be provided upon request. If 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 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 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 nncluding 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 arbitrabilty of the claims.
. 3.4. 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
Owest Idaho October 4, 2004 Page 4 .
OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878.Exhibit D
.'~:' :~-:~::._:i party filng the action shall pay the other part's costs and expenses incurred in seeking such stay
or compellng arbitration, including reasonable attorney's fees.
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Qwest Idaho October 4, 2004 Page 5
OocuSign Envelope 10: 62856801-CE6B-2A-855F-1DFF6E17A878
Exhibit D
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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
= $
= $
= $
Days
1. Pole Inquiry Fee (see attached pricing chart) X
2. Innerduct Inquiry Fee (see attached pncing chart) X
3. ROW Records Inquiry (see attached pncing chart) X
4. Estimated Interval for Completion of Items 1, 2 or 3: 10
5. Additional requirements of CLEC:
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. Innercuct verification is always needed.
By signing below and providing payment of the Estimated Costs identified above, the CLEC
desires Qwest to proceed with the processing of its database/records search and acknowledges
receipt of this General Information, including the General Terms and Conditions under which
Qwest offers such Poles/lnnerduct. Quotes expire in 30 days.
Qwest Corooration
Sianature SiQnature
Name Typed 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 "Qwest") to:
October 4, 2004
~~.
Qwest Idaho Page 6
.
."-
OocuSign Envelope 10: 62856801-CE6B-462A-855i=-10FF6E17A878
Exhibit D
Manager, Qwest Joint Use, 6912 S Quentin, Suite 101, Englewood, CO 80112 303-784-0387
A copy of this form must be sent with two acceptably-detailed maps showing the requested route to:
Qwest Service Representative at: wholesale.servcessupporteamtÐgwest.com. Put "Agree" on
signature line.
Owest Idaho October 4, 2004 Page?
OocuSign Envelope 10: 62856801-CE6B-2A-855F-1DFF6E17A878
Exhibit D
ATTACHMENT 1.8
General Agreement
BAN Number:
Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation
Date Nonrefundable Received:Date Replied to CLEC:
**NOTE: THIS ATTACHMENT WILL BE COMPLETED BY QWEST AND SENT TO THE CLEC FOR
SIGNATURE AFTER THE DATABASE INQUIRY IS COMPLETE.**
Estimated Costs Total ChargeNumber
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$10/ 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 identifed 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:
Owest Idaho Page 8October 4, 2004
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DocuSign Envelope 10: 62856801-CE6B-462A-855F-1DFF6E17A878.
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Exhibit D
Manager, Qwest CLEC Joint Use, 6912 S Quentin, Suite 101, Englewood, CO 80112
An email copy of this form must be sent to: wholesale.servicessupporteamßYgwest.com, with "Agree" on
the signature line.
Owest Idaho October 4, 2004 Page 9
OocuSign Envelope 10: 62856801-CE6B-42A-855F-1DFF6E17A878
Exhibit D
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C':1.!JATTACHMENT 2
Poles/lnnerduct Order General Agreement
BAN Number:
**NOTE: THIS FORM WILL BE COMPLETED BY QWEST AND SENT TO CLEC FOR SIGNATURE**
Make-ready Work required: Yes ( ) No () Date Received
If Yes is checked, estimated Make-ready costs: $
The following Attachments are hereby incorporated by reference into this Order:
1. Term - Effective Date -
2. Summary of Field Results (including Make-Ready work if required).
3. When placing fiber, CLEC must:
a. provide Qwest representative, a final design of splice, racking and slack locations in Qwest utility holes.
b. tag all equipment located inIon Qwests facilties from beginning of the route to the end, and at the entrance and
exit of each utilty 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.
An I Rnuaecurnng arges or is ermi:
Total Annual
Annual Chame Quantitv Charge
1. Pole Attachment, Per Pole $I $
2, Innerduct Occupancy, Per Foot $$
3.Requestconf. call for Construction?YES NO
Ch fi th' P 't
Please check YES if construction by Qwest is needed for access to Qwest manholes (e.g. core drills, stubouts, not
innerduct placement) For Poles, quantity is based on the number of vertical feet used (One cable attachment = one
foot). .If you do not place an order at this time, these Poles/lnnerduct 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 Supervi~or, Suite 101, 6912 S. Quentin,
Englewood, CO 80112. Send a copy to: wholesale.servicessupporteam~qwest.com.
Owest Corporation
SiQnature Sianature
Name Tvoed or Printed .Name Tvoed or Printed
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Owest Idaho
ExhibitD
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ATTACHMENT 3
General Agreement:
QWEST RIGHT OF WAY ACCESS, POLE ATTACHMENT AND/OR INNERDUCT OCCUPANCY
GENERAL TERMS AND CONDITIONS
This is an Agreement between ("CLEC") and 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 facilties ("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 parties in order to start the Inquiry Review and in
order for CLEC to obtain access to Poles, Ducts and/or ROW.
1. SCOPE.
1.1 Subject to the provisions of this Agreement, 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) Qwest 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 Qwest 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
facilty 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 specifed 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 part 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
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Exhibit D
is mailed and shall be effective no sooner than one hundred twenty (120) calendar days
from the date of such notice.
3.2. Termination of this Agreement or any Order hereunder does not release either part from
any liabilty under this Agreement that may have accrued or that arises out of any claim
that may have been accruing at the time of termination, including indemnity, warranties,
and confidential information.
3.3 If Qwest 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 Qwest to remove its Facilties 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 Qwest 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 Facilties 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 Qwest until CLEC's Facilties are
physically removed.
3.5 Qwest 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 sixt (60) days of such ndtice, either apply for
usage with the new owner or purchase the Poles/lnnerduct from Qwest, or remove its
Facilties therefrom. Failure to remove its Facilties within sixty (60) days shall be deemed
an election to purchase the Poles/lnnerduct at the current market value.
4. CHARGES AND BILLING.
4.1. CLEC agrees to pay Qwest 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 will be assessed, in advance on an annual basis.
Annual Fees wil be assessed as of January 1 st of each year. Fees are not refundable
except as expressly provided herein. CLEC shall pay all applicable Fees and charges
specified herein within thirt (30) days from receipt of invoice. Any outstanding invoice wil
be subject to applicable finance charges.
4.2. Qwest has the right to revise Fees, at its sole discretion, upon written notice to CLEC
within at least sixt (60) days prior to the end of any annual biling period.
5. INSURACE. 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 åii employees as required by statute;
and (2) although not required by statute, coverage for any employee on the job site; and
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(3) Stop Gap liabilty or employer's liabilty insurance with a limit of One Hundred
Thousand Dollars ($100,000.00) for each accident.
5.2 General liabilty insurance providing coverage for underground hazard coverage
(commonly referred to as "U" coverage), products/completed operations, premisesoperations, independent contractor's protection (required if contractor subcontracts the
work), broad form propert damage and contractual liabilty 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 liabilty 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 liabilty can be obtained through any combination of primary and excess or
umbrella liabilty insurance.
5.3 Comprehensive automobile liabilty insurance covering the use and maintenance of
owned, non-owned and hired vehicles. The limits of liability for this coverage shall be not
less than One Milion 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 Qwest may require the CLEC from time-ta-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
Qwest shall be borne by Qwest, and the CLEC shall arrange to have such costs biled
separately and directly to Qwest by the insuring carrier(s). Qwest shall be authòrized by
the CLEC to confer directly with the agent(s) of the insuring carrier(s) concerning the
extent and limits of the CLEC's insurance coverage in order to assure the sufficiency
thereof for purposes of the work performable under the Contract and to assure that such
coverage as a hole with respect to the work performable are coordinated from the
standpoint of adequate coverage at the least total premium costs.
5.5 The insuring carrier(s) and the form of the insurance policies shall be subject to approval
by Qwest. The CLEC shall forwrd to Qwest, 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) Qwest 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 Qwest; (3) certification that underground hazard
overage (commonly referred to as "U" coverage) is part of the coverage; and (4) the words
"pertains to all operations and projects performed on behalf of the certificate holder" are
included in the description portion of the certificate. The CLEC shall not commence work
hereunder until the obligations of the CLEC with respect to insurance have been fulfilled.
The fulfillment of such obligations shall not relieve the CLEC of any liability hereunder or
in any way modify the CLEC's obligations to indemnify Qwest.
5.6 Whenever any work is performed requiring the excavation of soil or use of heavy
machinery within 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
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occurrence combined single limit for bodily injury, propert damage or physical damage to
property with an aggregate limit of Six Millon Dollars ($6,000,000.00). In addition, said
policy shall name Owest and the CLEC/SubCLEC on the declarations page with respect
to its interest in these specific job. Said insurance policy shall be in form and substance
satisfactory both to the Owest and the Railroad and shall be delivered to and approved by ,
both parties prior to the entry upon or use of the Railroad 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 behaif 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 availabilty of space on
Poles/lnnerduct. When modifications to a Owest spare conduit include the placement of
innerduct, Owest retains the right to install the number of innerducts required to occupy
the conduit structure to its full capacity. In thê event Owest determines that
rearrangement of the existing facilties 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 Poles/lnnerduct 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 PoleslInnercuct 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 Poles/lnnerduct. 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 Elecirical 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 Facilties 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 thirty (30) days comply
and provide the requested information to Owest to bring their facilties into compliance
with these terms and conditions.
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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 Polesllnnerduct.
6.5 In the event of an infrastructure outge, the CLEC should contact their Network
Maintenance Center at 1-800-223-7881 or the CLEC may contact their Accunt Manager
at the Interconnect Service Center. .
7. MODIFICATION TO EXISTING POLESIINNERDUCT.
,7.1. If CLEC requests Qwest to replace or modify existing Poles/lnnerduct to increase its
strength or capacity for the benefit of the CLEC and Qwest determines in its sole
discretion to provide the requested capacity, the CLEC shall pay Qwest the total
replacement cost, Qwests cost to transfer its attchments, as necessary, and the cost for
removal (including destruction fees) of any replaced Polesllnnerduct, 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 p,roportionate 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 of Poles/lnnerduct requested solely by third parties.
7.2 Written notification of modification initiated by or on behalf of Qwest shall be provided to
CLEC at least 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 facilitates within
sixt (60) days after receipt of written notice from Qwest requesting such rearrangement,
Qwest may perform or cause to have performed such rearrangement and CLEC shall pay
for cost thereof. No such notice shall be required in emergency situations or for routine
maintenance of Poles/lnnerduct.
8. INSPECTION OF FACILITIES. Qwest reserves the right to make final construction, subsequent
and, periodic inspections of CLEC's facilties occupying the Poles/lnnerduct system. CLEC shall
reimburse Qwest for the cost of such inspections except as specified in Section 8 hereof.
8.1. CLEC shall provide written notice to Qwest, at least fifteen (15) days in advance, of the
locations where CLEC's plant is to be constructed.
8.2. The CLEC shall forward Exhibit A, entitled .Puflng 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 notifcation to CLEC within seven (7) days of the date of
completion ofa final construction inspection.
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8.4.
Exhibit D
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 facilties 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 unti 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 notif 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
Qwest Idaho
9.1 If any facilties 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 conc!itions are both met: (1) CLEC ClJres
such unauthorized attachment (by removing it or submitting a valid Order for attachment
in the form of Attachment 2 of Exhibit 0, 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 will be
required to remove its unauthorized facilty within ten (10) days of the final date for
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submitting the required application, Qwest may remove the CLEC's facilties without
liabilty, and the cost of such removal shall be bome 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 specifed 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 otherwise.
10. REMOVAL OF FACILITIES. Should Qwest, under the provisions of this Agreement, remove
CLEC's Facilties from the Poles/lnnerduct covered by any Order (or otherwise), Qwest wil
deliver the Facilities 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 thirt (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 facilties, such action
wil not relieve CLEC of any other financial responsibilty associated with such removal as
provided herein. If CLEC removes its Facilties from Poles/lnnerduct for reasons other than repair
or maintenance purposes, the CLEC shall have no right to replace such facilities on the
Poles/lnnerduct until such time as all outstanding charges due to Qwest for previous occupancy
have been paid in fulL. CLEC shall submit Exhibit B, entitled "Notification of Surrender of
Modification of Conduit Occupancy License by CLEC," or Exhibit C, entitled "Notification of
Surrender of Modification of Pole Attachment by CLEC," each as attached hereto, advising 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, affilates, agents, directors, and employees
against any and all liabilties, claims, judgments, losses, orders, awards, damages, costs, fines,
penalties, costs of defense, and attorneys' fees ("Liabilties") to the extent they arise from or in
connection with: (1) infringement, or alleged infnngement, 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 utilzed by the CLEC; (2) actual or alleged fault or negligence of the
CLEC, its officers, employees, agents, subcontractors and/or representatives; (3) furnishing,
performance, or use of any material supplied by CLEC under this Contract or any product liabilty
claims relating to any material supplied by CLEC under this Contract; (4) failure of CLEC, its
officers, 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 act 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 responsibility of the
CLEC, if Qwest desires. Qwest shall give the CLEC reasonable written notice of all such claims
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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 liabilty 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 ÈMPLOYEE OF THE
CLEC, AND THE CLEC EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON
LIABILITY UNDER ANY INDUSTRIAL INSURANCE ÂCT, 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 part's liabilty to the other for any fines or penalties imposed on the
other part by any court of competent jurisdiction or federal, state or local
administrative agency resulting from the failure of the part 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
Owest Idaho October 4, 2004 Page 19
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Exhibit D ,~.
t"""\,,:~9)î12.2.2 To terminate already-assigned specific work assignment(s) the CLEC is unable to
perform, or any part thereof, and to assign new specific work assignments to other
parties for the duration of the cause of the delay; or .
12.2.3 To suspend already-assigned 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 party, once the delaying cause
ceases.
12.3.3 If appropriate, at the Qwests discretion, the time for completion of specific
work assignment(s) shall be extended up to the length of time the
contingency endured.
12.4 Qwest shall be excusec; 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 military law enforcement authorities, acts of God, or acts of
legislative, judicial, executive, or administrative authorities.
13. DISPUTE RESOLUTION.
13.1. Other than those claims over which a regulatory agency has exclusive jurisdiction, all
claims, regardless of legal theory, whenever brought and whether between the parties or
between one of the parties to this Agreement and the employees, agents or affilated
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 otherwse provided herein. The arbitrator shall be selected in
accordance with AA procedures from a list of qualifed people maintained by AA. The
arbitration shall be conducted in the regional AA office closest to where the claim arose.
13.2. All expedited procedures prescribed 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 arbitrabilty of the claims. .
Qwest Idaho October 4, 2004 Page 20
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Exhibit D
13.4.If any part files a judicial or administrative action asserting claims subject to arbitration,
and another party successfully stays such action and/or compels arbitration of such
claims, the party filing the action shall pay the other part's costs and expenses incurred
in seeking such stay or compellng arbitration, including reasonable attorney's fees.
14. LAWFULNESS. This Agreement and the parties' actions under this Agreement shall comply with
all applicable federal, state, and local laws, rules, regulations, court orders, and governmental
agency orders. Any change in rates, charges or regulations mandated by the legally constituted
authorities 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 Carner or otherwise has
the legal right, pursuant to 47 U.S.C. 224 to attach to Owests pole pursuant to the terms thereof.
The CLEC acknowledges that Owest will rely on the foregoing representation, and that if such
representation is not accurate, this Agreement shall be deemed void ab initio, except for Article 9
hereof, for which CLEC shall remain fully liable.
15. SEVERABILITY. In the event that a court, governmental agency, or regulatory agency with
proper jurisdiction determines that this Agreement or a provision of this Agreement is unlawful,
this Agreement, or that provision of the Agreement to the extent it is unlawful, shall terminate. If a
provision of this Agreement is terminated but the parties can legally, commercially and practicably
continue without the terminated provision, the remainder of this Agreement shall continue in
effect.
16. GENERAL PROVISIONS.
16.1 Failure or delay by either part to exercise any right, power, or privilege hereunder, shall
not operate as a waiver hereto.
16.2 This Agreement shall not be assignable by CLEC without the express wntten consent of
Owest, which shall not be unreasonably withheld. Assignment of this Agreement by
CLEC to CLEC's subsidiary or affilate shall be presumed to be reasonable; provided,
however, that CLEC must obtain Owests consent in any event. .
16.3 This Agreement benefits CLEC and Owest. There are no third part beneficiaries.
16.4 This Agreement constitutes the entire understanding between CLEC and Owest with
respect to Service provided herein and supersedes any pnor agreements or
understandings.
Qwest Idaho October 4, 2004 Page 21
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Exhibit D
The parties hereby execute and authorize this Agreement as of the latest date shown below:
CLEC Qwest Corporation
Signature Signature
Name Typed or PrintedName Typed or Printed
PRODUCT MANAGER
TitleTitle
Date Date
Address for Notices Address for Notices
Qwest Corporation
1801 California, Rm. 2330
Denver, CO 80202
Contact:Contact: Manager
Phone:Phone:[phone]
FAX:FAX:[phone]
Qwest Idaho Page 22October 4, 2004
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EXHIBIT A
PULLING IN REPORT
This report is to be completed by the CLEC when fiber cable is placed into innerduct.20_
Send to:
Manager. Qwest Corp
700 W MineraL. Rm IAF12
Littleton, CO 80120 (303-707-7598)
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
Cable and
Eguipment Installed
From
Manhole at
To
Manhole at
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.
Owest Idaho Page 23October 4, 2004
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Exhibit D
EXHIBIT B
CLEC:
NOTIFICATION OF SURRENDER OR MODIFICATION
OF CONDUIT OCCUPANCY ORDER BY CLEC
Return to:
Manager. Owest Corp
700 W Mineral, Rm IAF12
Littleton, CO 80120
In accordance with the terms and conditions of this Agreement between us, dated , Z2,
notice is hereby given that the licenses covering occupancy of the following conduit are surrendered
(and/or modified as indicated in Licensee's prior notification to Licensor, dated
20 -- effective
CONDUIT LOCATION L1C. NO. &SURRENDER OR DATE
DATE MODIFICATION FAC. RMVD. OR
MODIFIED
.
Name of Licensor Name of Co- Provider
By
Date Notification Received
Title
Date Modification Accepted
By
Discontinued:Total duct footage
. Qwest,daho October 4, 2004 Page 24
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EXHIBITC
NOTIFICATION OF SURRENDER OR MODIFICATION
OF POLE ATTACHMENT ORDER BY CLEC
CLEC:
. Return to:
Manager. Qwest Corp
700 W Mineral, Rm IAF12
Littleton, CO 80120
In accordance with the terms and conditions of the Agreement between Qwest and CLEC, dated
,20_, nòtice is hereby given that the licenses covering attachments to the following poles and/or
anchors, and/or utilzation of anchor/guy strand is surrendered (or modified as indicated in CLEC's priornotification to Qwest, dated , 20 ~ effective
POLE NO. ASSOC. POLE L1C. NO. &SURRENDER OR DATE FAC.
NO.DATE MODIFICATION RMVDOR
MODIFIED
1.A
AlGS-
2.A
AlGS-
3.A
ALGS-
4.A
AlGS-
5.A
AlGS-,
6.A
AlGS-
7.A
AlGS-
8.A
AlGS-
9.A
AlGS -
Date Notification Received
Date Modification Received
NameofCLECBy:
Discontinued:
Poles
Anchors
By:
Its:Anchor/Guy Strands
Owest Idaho October 4, 2004 Page 25
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Exhibit D
ATIACHMENT4
FORM OF ACCESS AGREEMENT
After recording, please return to:
Manager
700 W Mineral, Rm IAF12
Littleton, CO 80120
ACCESS AGREEMENT
THIS ACCESS AGREEMENT (this "Agreement") is made as of the _ day of _' 20_, by
and between QWEST CORPORATION, a Colorado corporation, successor in interest to U S WEST
COMMUNICATIONS, INC., a Colorado corporation ("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 "Countv), 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, isrequired 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 Grantor's Easement
Rights. To comply with the aforementioned legal requirement, Grantor has agreed to share with Grantee
its Easement Rights, if any, relating .to the Property, to the extent Grantor may legally convey such an
interest.
D. Subject to the terms and conditions set forth in this Agreement, Grantor has agreed to
convey to Grantee, without any representation or warranty, the right to use the Easement Rights, and
Grantee has agreed to accept such conveyance.
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and suffciency 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 Affilates and agents,
licensees, employees, and invitees, including, without limitation, contractors, subcontractors, consultants,
Qwest Idaho Page 26October 4, 2004
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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, officers,
stockholders, agents, employees and spouses. A Person shall be presumed to have control when it
possesses the power, directly or indirectly, to direct, or cause the direction of, the management or
policies of another Person, whether through ownership of voting securities, by contract, or otherwise.
"Person" means an individual, partnership, limited liabilty company, association, corporation or other
entity.
2. Grantor's Reserved Rights. Grantor reserves to itself and its Authorized Users the right to use
the Easement Rights for any purpose not incompatible with the rights conveyed to Grantee by this
Agreement.
3. Conditions Precedent to Effectiveness of Agreement. This Agreement is expressly
conditioned on the following:
a. Recordation of Agreement. If the Right-of-Way Agreement has been publicly
recorded, Grantee shall be responsible for assuring that the Agreement is in appropriate form for
recording in the real propert 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.
i
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 Agteement or otherwise
and whether express or implied, regarding the Right of Way Agreement or the Easement Rights
or the assignabilty 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 Propert 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 reaso,n of any statement, representation,
warranty, assurance, promise or agreement made, if any.
Qwest Idaho October 4, 2004 Page 27
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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 Grantor's sole discretion.
d. Non-Interference. Grantee agrees that it will not interfere with Grantots or Grantots
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 indemnify, 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 settlement, and expenses (including, without limitation,
reasonable attorneys' fees) which may be imposed upon or incurred by Grantor or its Authorized Users,
or any of them, arising from, relating to or caused by Grantee's breach of this Agreement or the use, or
the use by any of Grantee's Authorized Users, of the Easement Rights. In addition to the indemnity
obligations described above, in the event that any act or omission of Grantee or Grantee's Authorized
Users causes, directly or indirectly, and without reference to any act or omission of Owner, Grantor or
their respective Authorized users, the termination or revocation of the Easement Rights, Grantee shall be
liable to Grantor for all costs incurred in connection with (a) acquiring replacement Easement Rights over
the Propert or over other suitable Property, as determined in Grantor's sole judgment (the
"Replacement Easement"), (b) the fully-loaded cost of constructing replacement facilities over the
Replacement Easement, (c) the cost of removing its facilties and personal propert from the Propert, 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 invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each term of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
9. Default; Remedies. (a) If Grantee files a petition in bankruptcy, or a petition is bankruptcy is
filed against Grantee, which is not dismissed on or before fifteen (15) days after such filng, or (b) in the
Qwest Idaho October 4, 2004 Page 28
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event of Grantee's breach or threatened breach of any term, covenant or condition of this Agreement,
then Grantor shall have, in addition to' all other legal and equitable remedies, the right to (x) terminate
this Agreement, (y) enforce the provisions hereof by the equitable remedy of specific performance, or (z)
enjoin such breach or threatened breach by injunctive action, all without the necessity of proof of actual
damages or inadequacy of any legal remedy. Grantee agrees to pay all costs of enforcement of the
obligations of Grantee hereunder, including reasonable attorneys' fees and all costs of suit, in case it
becomes necessary for Grantor to enforce the obligations of Grantee hereunder, whether suit be brought
or not, and whether through courts of original jurisdiction, as well as in courts of appellate jurisdiction, or
through a bankruptcy court or other legal proceedings.
10. Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties
hereto and their respective successors and assigns. This Agreement may be assigned at any time in
whole or in part by Grantor.
11. No Dedication. Nothing contained in this Agreement shall constitute a gift or dedication of any
portion of the Easement Rights to the general public or for any public purpose whatsoever. There are no
intended third-part beneficiaries to this Agreement.
12. Grantots 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 facilties and the Owner's facilties 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 in
sales, marketing, or product management efforts on behalf of Grantee. Grantor's waiver of rights,.
subject to the limitations set forth above, is intended to be effective whether or not such right to
confidentiality is expressly set forth in the Right of Way Agreement or elsewhere or may have been
agreed to orally, and so long as Grantee and Owner comply with the conditions set forth above, Grantor
further covenants not to assert any claim or commence any action, lawsuit, or other legal proceeding
against Owner or Grantee, based upon or arising out of Grantor's alleged right to confidentiality relating
to the Right of Way Agreement, except in the event of disclosure of dollar amounts in the Right of Way
Agreement. Grantots waiver is expressly conditioned on Ownets waiver of Ownets confidentiality
rights, as set forth in the Consent to Disclosure form, which is a part hereof, or Grantee's provision to
Grantor of a legally binding and satisfactory agreement to indemnify Grantee in the event of any legal
action arising out of Owner's provision of a non-recorded agreement to Grantee. In the event that, the
person executing the Consent to Disclosure form does not have the legal right to bind the Owner,
Grantor reserves the right to maintain an action for damages, including, without limitation, consequential
damages, arising from such improper execution against any Person .improperly executing the Consent to
Disclosure form. In any event, Grantor reserves its right to (a) to ènforce 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 part, 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
Owest Idaho October 4, 2004 Page 29
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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, modifcation, change or waiver is sought. This
Agreement may be executed in any number of counterparts, all of which shall constitute but one and the
same document.
15. 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
Owest Idaho Page 30October 4, 2004
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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
US WEST COMMUNICATIONS, INC.,
a Colorado corporation
By:
Name:
Title:
)
) ss:
)
The foregoing instrument was acknowledged before me this _ day of20__, by as
of QWEST CORPORATION, a Colorado
corporation.
(SEAL)
Qwest Idaho
Witness my hand and offcial seaL.
Notary Public
My Commission Expires:
October 4, 2004 Page 31
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Exhibit D
EXECUTED as of the date first written above.
Witnessed by:
STATE OF
COUNTY OF
GRATEE:
, a
By:
Name:
Title:
)
) ss:
)
The foregoing instrument was acknowledged before me this _ day of20__, by as
of
a
(SEAL)
Owest Idaho
Witness my hand and offcial seaL.
Notary Public
My Commission Expires:
October 4, 2004 Page 32
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CONSENT TO DISCLOSURE
THE UNDERSIGNED, , a ("Owner"),whose address is , hereby
consents to the terms of the following paragraphs regarding the agreement described or entitled as
between Qwest Corporation, formerly U S WEST
Communications, Inc. ("Qwest") and Owner for the propert located at
("Propert") that provides Qwest with access to Owner's Propert
(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. Ownets 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,
c waives any rights it may have to keep the terms and provisions of the Agreement confidentiaL.
3. Owner's Waiver of Confidentiality. Owner hereby waives any right it may have to keep the terms and
conditions of the Agreement confidential, whether or not such right to confidentiality "is expressly set forth
in the Agreement or elsewhere or may have been agreed to orally, subject to the compliance of the
competitive local exchange carrier ("CLEC") with the requirements of paragraph 5. Owner further
covenants not to assert any claim or commence any action, lawsuit, or other legal proceeding against
Qwest or CLEC presenting this Consent to Disclosure, based upon or arising out of Ownets alleged right
to confidentiality relating to the Agreement. Owner's consent to disclosure applies only to the Agreement
that is described in this Consent to Disclosure form and only to the undersigned CLEC.
4. Qwests Waiver of Confidentiality. Qwest represents and warrants that it is granting a limited waiver
of its confidentiality rights that permits CLEC to review the Agreement subject to CLEC's compliance with
the requirements of paragraph 5 and Qwests right to redact all dollar amounts set forth in the
Agreement. Qwests consent to disclosure applies only to the Agreement that is described in this
Consent to Disclosure form and only to the undersigned CLEC.
5. CLEC's Obligations. CLEC shall use the Agreement exclusively for the following purposes and for no
other purpose whatsoever:
(a) to determine whether Qwest has ownership or control over duct, conduits, or rights-of-way
within the Property described in the Agreement; or
(b) to determine the ownership of wire within the Propert described in the Agreement; or
Qwest Idaho October 4, 2004 Page 33
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Exhibit D
(c) to determine the demarcation point between Qwest facilties and the Owner's facilties in
the Property described in the Agreement.
GLEG further agrees that GLEG shall not disclose the contents, terms, or conditions of the Agreement to
any GLEG agents or employees engaged in sales, marketing, or product management efforts on behalf
ofGLEG.
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 part may request in a writing complying with the provisions of this Section.
EXECUTED as of the date first written above.
OWNER:
CLEC:
Qwest Idaho Page 34October 4, 2004
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OocuSign Envelope 10: 62856801-CE6B-462A-855F-1DFF6E17A878.
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Exhibit D
EXHIBIT 1
Right of Way Agreement
(This represents the ROW agreement between the Co-Provider and the propert owner)
Owest Idaho October 4, 2004 Page 35
OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878
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EXHIBIT E
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Owest All States October 4, 2004 Page 1
OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878.EXHIBIT F
SPECIAL REQUEST PROCESS
1. The Special Request Process shall be used for the following requests:
1.1 Intentionally Left Blank.
1.2 Intentionally Left Blank.
1.3 Requesting a combination of Unbundled Network Elements that is a combination
not currently offered by Owest as a standard product and:
1.3.1 that is made up of UNEs that are defined by the FCC or the Commission
as a network element to which Owest is obligated to provide unbundled access,
and;
1.3.2 that is made up of UNEs that are ordinarily combined in the Owest
network.
1.4 Requesting an Unbundled Network Element that does not require a technical
feasibility analysis and has been defined by the FCC or the State Commission as a
network element to which Owest is obligated to provide unbundled access, but for which
Owest has not created a standard product. .
2. Any request that requires an analysis of Technical Feasibilty shall be 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 Owests website.
4. Owest shall acknowledge receipt of the Special Request within two (2) business days of
receipt.
5. Owest shall respond with an analysis, including costs and timeframes, within fifteen (15)
business days of receipt of the Special Request. In the case of UNE Combinations, the analysis
shall include whether the requested combination isa combination of network elements that are
ordinarily combined in the Owest network. If the request is for a combination of network
elements that are not ordinarily combined in the Owest network, the analysis shall indicate to
CLEC that it should use the BFR process if CLEC elects to pursue its request.
6. Upon request, Owest shall provide CLEC with Owests supporting cost data and/or
studies for Unbundled Network Elements that CLEC wishes to order within seven (7) business
days, except where Owest cannot obtain a release fr9m 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 Page 1August 24, 2006
OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878.EXHIBIT G
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fÌ~Qwest All States October 4, 2004 Page 1
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..,EXHIBITH
g:r2:Y'
:::7t:?::"Calculation of the Relative Use Factor (RUF)
Minutes that are Qwests responsibilty (A):
. All EAS/Local 251 (b)(5) Minutes of Use (MOU) that Owest sends to CLEC
. All Owest Exchange Access MOU that Owest sends to CLEC
. EAS/Local 251 (b)(5) traffc that transits Owest network and is terminated to CLEC,
for which Owest receives compensation from the originating Carrier for performing
the local transiting function
. AllintraLATA transit MOU that Owest sends to CLEC
. All ISP-bound and FX MOU that CLEC sends to Owest
Minutes that are CLEC's responsibilty (B):
. All EAS/LocaI251(b)(5) MOU that CLEC sends to Owest
. All Exchange Access MOU that CLEC sends to Owest
. All EAS/Local251 (b)(5) traffc that CLEC sends to Owest for termination on another
Carriets network
. AllintraLATA transit MOU that CLEC sends to Owest
. All Jointly Provided Switched Access (unless joint NECA 4 billng percentages have
been fied) that Owest sends to CLEC and that CLEC sends to Owest
. All ISP-bound and VNXX MOU that Owest sends to CLEC
. All VNXX MOU that transits Owest network and is terminated to CLEC
The mathematical equation for RUF is as follows:
Qwest (A) I (A+B) Rounded to nearest whole percentage
CLEC (B) I (A+B) Rounded to nearest whole percentage
Data used for the calculation wil be the average of the most recent three (3) months'
usage determined not to be an anomaly.
Exhibit H -Owest Eleven State Template Version 1.8, August 22, 2008
Qwest All States Except Colorado. Minnesota and Washington
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OocuSign Envelope 10: 62856801-CE6B-462A-855F-10FF6E17A878.Exhibit I - Individual Case Basis
, ,~.
'.;.,:,'.1.This Agreement contains references to both ICB rates and ICB intervals. The
purose of ths exhbit 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 servces identified in the Agreement that contain a
provision for ICB rates, Qwest will provide CLEC with a wntten quote of
the ICB rate within twenty (20) business days uness 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 circustaces when the
generic twenty (20) business day interval in the aforementioned subsection
to ths Exhibit does not apply. In these specified circumstances, Qwest
shall provide CLEC with an ICB quote within the stated specific intervals:
2.2.1 Quotes for all Bona Fide Requests (BFR) shall be provided in
accord with Section 17:
2.2.2 Quotes for all Special Request Processes (SRP) shall be provided
in accord with Exhibit F.
2.2.3 Quotes for all collocation requests, regardlessof the tye of
collocation, shall be provided in accord with the Section 8 interval.
2.2.4 Quotes for all Field Connection Point requests shall be provided in
accord with Section 9.3.
2.2.5 Quotes for all Advanced Intellgent Network (AI requests shall
be provided in accord with Section 9.
2.3 Upon request, Qwest shall provide CLEC with Qwests supportg cost
data and/or cost studies for the Unbundled Network Element or serice
that CLEC wishes to order within seven (7) business days, except where
Qwest canot obtain a release from its vendors with 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 purue
obtaining the release of cost inforition as soon as reasonably possible.
To the extent consistent with the terms and obligations of any applicable
vendor contract or agreement, Qwest shall request the release of vendor
cost information when Qwest communicates with the vendor(s) when
Qwest seeks a quote for the costs of the ICB project. Such cost data shall
be treated as confidential information if requested by Qwest under the
non-disclosue sections of this Agreement.
fl~Negotiations Template, Exhibit I 9-20-04 Page 1
OocuSign Envelope 10: 62856801-eE6B-462A.855F-1 OFF6E17 A878
Exhibit I - Individual Case Basis
/~.c::;)3.ICB Provisionig Intervals
3.1 For those products and serices provided puruat to this Agreement that
contain a provision for ICB interal but do not contain a specific provision
for when the ICB interal shall be provided, the ICB interval shall be
provided with twenty (20) business days of receipt of the order, request
or application.
3.2 For ICB intervals for those product and services that require negotiated
project time lines for installation, such as 2/4 wie analog loop for more
than twenty-five (25) loops, the Qwest representative, authorized to
commit to intervals, shall meet with CLEC's representative within seven
(7) business days of receipt of the request from CLEC to negotiate
intervals.
Negotiations Template, Exhibit i 9-20-04 Page 2
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Negotiations Template Exhibit J Page 1