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HomeMy WebLinkAbout20110829Application.pdf.CENTURYLINK 1600 7th Avenue, Room 1506 Seattle, Washington 98191 (206) 733-5178Facsimile (206) 343-4040 QCCC r:O¡ ".. cJL S~ ~4~ CenturyLink™ioii ~\UG 29 AM 10: I l Maura E. Peterson Paralegal Regulatory Law Via Overnight delivery August 26, 2011 . Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. Qw f -1 -J /--oq Application for Approval of Interconnection Agreement National Comtel Network, Inc. Dear Ms. Jewell: Enclosed for filing is an original and three copies of the Application for Approval of an Interconnection Agreement between Qwest Corporation and National Comtel Network, Inc. Qwest respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approvaL. Please contact me if you have any questions concerning the enclosed. Thank you for your assistance in this matter. Sincerely,l~¥: Maura E. Peterson MEP:ldj cc: Service list .www.centurylink.com . . . Lisa A Anderl (WSBA# 13236) CenturyLink 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 345-1574 Facsimile: (206) 343-4040 Lisa.anderl (ßcenturylink.com RECEI 2m I ~iUG 29 AM 10: l f "'~ l UTI BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION QW8 -7- / i-ocrAPPLICATION OF QWEST CORPORATION FOR APPROVAL OF THE INTERCONNECTION AGREEMENT FOR THE STATE OF IDAHO PURSUANT TO 47 U.S.C. §252(e) CASE NO.: APPLICATION FOR APPROVAL OF INTERCONNECTION Qwest Corporation ("Qwest") hereby fies this Application for Approval of Interconnection Agreement ("Agreement"). The Agreement with National Comtel Network, Inc. ("National Comtel") is submitted herewith. This Agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"). Section 252(e)(2) of the Act directs that a state Commssion may reject an agreement reached through voluntary negotiations only if the Commission finds that: the agreement (or portiones) thereof) discriminates against a telecommunications carer 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 Commssion, the United States Congress, and the Federal Communications Commssion. Expeditious approval of this Agreement wil enable National APPLICATION FOR APPROVAL OF INTERCONNCTION AGREEMENT - NATIONAL COMTEL NETWORK, INC. . . . Comtel Network, Inc. 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 pary to the negotiations. Expeditious approval would further the~ublic interest. Respectfully submitted this ?(. 1day of August, 2011. CENTURY LIN ~A(()A ~ Lisa A. Ander! Attorney for Centu APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT- NATIONAL COMTEL NETWORK, INC. ,A ,..) . CERTIFICATE OF SERVICE'\ t" . I hereby certify that on this~ day of August, 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 j jewell (ßpuc.state.id.us Hand Delivery U. S. Mail _X_ Overnight Delivery Facsimile Email National Comtel Network, Inc. Todd McIntyre, President 9249 S. Broadway #200-422 Highlands Ranch, CO 80129 Hand Deli very -- u. S. Mail Overnight Delivery Facsimile Email .~ Maura Peterson, P . APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT- NATIONAL COMTEL NETWORK, INC. OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . RESALE AGREEMENT BETWEEN QWEST CORPORATION AND NATIONAL COMTEL NETWORK, INC. FOR THE STATE OF IDAHO . AGREEMENT NUMBER CDS-110712-0002 . OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . SECTION 7.0 - WHITE PAGES DIRECTORY LISTINGS.........................................................37 7.1 DESCRIPTION ...............................................................................................................37 7.2 TERMS AND CONDITIONS ..............................................................................................37 7.3 RATE ELEMENTS ..........................................................................................................41 7.4 ORDERING PROCESS....................................................................................................41 SECTION 8.0 - NETWORK SECURITY ......................................;.............................................42 SECTION 9.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)............................44 9.1 GENERAL TERMS.. ...................... .............. ............................ ..... ........... .............. .........44 9.2 OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROVISIONING ..............................44 9.3 MAINTENANCE AND REPAIR...........................................................................................55 SECTION 10.0 - DIRECTORY PUBLISHER.............................................................................66 SECTION 11.0 _ SERVICE PERFORMANCE.. ..... .............. ...................... ............. .............. ....67 SECTION 12.0 - SIGNATURE PAGE .......................................................................................68 July 12, 2011/cac/National ComTel Netwk/ID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)ii OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . Section 1 General Terms Section 1.0 - GENERAL TERMS 1.1 This Resale Agreement is between Qwest Corporation ("Qwest", a Colorado corporation, and National ComTel Network, Inc. ("Reseller"), a California corporation, pursuant to Section 252 of the Telecommunications Act of 1996, for purposes of fulfillng Qwests obligations under Sections 222, 251 (a), (b), and (c), 252, 271 and other relevant provisions of the Act and the rules and regulations promulgated thereunder. 1.2 This Agreement sets forth the terms, conditions and pricing under which Qwest wil provide to Reseller 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. July 12, 2011/cac/National ComTel Netwk/ID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)1 ,...OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . 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. 2.3 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 Reseller's rights or obligations under this Agreement, then the rates, terms, and conditions of this Agreement shall prevaiL. To the extent another document abridges or expands the rights or obligations of either Party under this Agreement, the rates, terms and conditions of this Agreement shall prevaiL. July 12, 2011/caclNational ComTel Netwk/ID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)3 OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 . . . Section 3 Reseller Information 3.2.2 Resellers that have previously completed a Questionnaire need not fil out a New Customer Questionnaire; however, Reseller wil update its New Customer Questionnaire with any changes in the required information that have occurred and communicate those changes to Qwest. Before placing an order for a new product, Reseller wil need to complete the relevant New Product Questionnaire and amend this Agreement. July 12, 2011/caclNational ComTel NetwklID/CDS-110712-0002 Owest Resale Template - (v. 2.25.11)5 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . Section 4 Definitions "Carriet' or "Common Carriet' See Telecommunications Carrier. "Central Office" means a building or a space within a building where transmission facilties or circuits are connected or switched. "Central Office Switch" means a Switch used to provide Telecommunications Services, including, but not limited to: "End Offce Switches" which are used to terminate End User Customer station loops, or equivalent, for the purpose of interconnecting to each other and to trunks. "Centrex" shall have the meaning set forth in Section 6.2.2.9. "Commission" means the Idaho Public Utilities Commission. "Communications Assistance for Law Enforcement Act" or "CALEA" refers to the duties and obligations of Carriers to assist law enforcement agencies by intercepting communications and records, and installng pen registers and trap and trace devices. "Confidential Information" shall have the meaning set forth in Section 5.16. "Current Service Provider" means the Part from which an End User Customer is planning to switch its local exchange service or the Party from which an End User Customer is planning to port its telephone number(s). "Customet' is a Person to whom a Party provides or has agreed to provide a specific service or set of services, whether directly or indirectly. Customer includes Telecommunication Carriers. See also, End User Customer. "Day" means calendar days unless otherwise specified. "Effective Date" shall have the meaning set forth in Section 5.2 "Electronic Bonding" is a real-time and secure electronic exchange of data between information systems in separate companies. Electronic Bonding allows electronic access to services which have traditionally been handled through manual means. The heart of Electronic Bonding is strict adherence to both International and National standards. These standards define the communication and data protocols allowing all organizations in the world to exchange information. (See also Interoperability.) "End User Customet' means a third party retail Customer that subscribes to Telecommunications Services provided by either of the Parties or by another Carrier or by two (2) or more Carriers. "Enhanced Services" means any service offered over Common Carrier transmission facilities that employ computer processing applications that act on the format, content, code, protocol or similar aspects of a subscriber's transmitted information; that provide the subscriber with additional, different or restructured information; or involve End User Customer interaction with stored information. July 12, 2011/cac/National ComTel NetwklID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)7 OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 . . . Section 4 Definitions that can be received and processed by the other Party to achieve the intended OSS Function and related response. (See also Electronic Bonding.) "lntraLATA lEC Toll" means IntraLATA Toll traffic carried solely by a local Exchange Carrier and not by an IXC. "lntralATA Toll Traffc" describes IntraLATA Traffc outside the local Callng Area as determined by the Commission or the in Qwests Exchange and Network Services Catalogs as applicable. "legitimately Related" terms and conditions are those rates, terms, and conditions that relate solely to the individual, service being requested by Reseller under Section 252(i) of the Act, and not those relating to other, services or elements in the approved Agreement. This definition is not intended to limit the FCC's interpretation of "legitimately related" as found in its rules, regulations or orders or the interpretation of a court of competent jurisdiction. "local Access Transport Area" or "lATA" is as defined in the Act. "local Callng Area" is a geographically defined area as established by the effective tariffs of Qwest as approved by the Commission. "Maintenance of Service charge" is a charge that relates to trouble isolation. Maintenance of Service charges are set forth in Exhibit A. Basic Maintenance of Service charges apply when the Qwest technician performs work during standard business hours. Overtime Maintenance of Service charges apply when the Qwest technician performs work on a business day, but outside standard business hours, or on a Saturday. Premium Maintenance of Service charges apply when the Qwest technician performs work on either a Sunday or Qwest recognized holiday. "Miscellaneous Charges" mean cost-based charges that Qwest may assess in addition to recurring and nonrecurring rates, for activities Reseller requests Qwest to perform, activities Reseller authorizes, or charges that are a result of Reseller's actions, such as cancellation charges, additional labor and maintenance. Miscellaneous Charges are not already included in Qwests recurring or nonrecurring rates. Miscellaneous Charges are that Miscellaneous Charges for resale services are provided in the applicable tariff, catalog, or price list. "911 Service" shall have the meaning set forth in Section 6. "NXX" is the three (3) digit Switch entity code which is defined by the D, E, and F digits of a ten (10) digit telephone number within the NANP. "Operational Support Systems" or "OSS" shall have the meaning set forth in Section 9. "Ordering and Billing Forum" or "OBF" means the telecommunications industry forum, under the auspices of the Carrier Liaison Committee of the Allance for Telecommunications Industry Solutions, concerned with inter-company ordering and Billng. "Parity" means the provision of non-discriminatory access to Resale, and other services provided under an Agreement to the extent legally required on rates, terms and conditions that are non-discriminatory, just and reasonable. Where Technically Feasible, the access provided by Qwest wil be provided in "substantially the same time and manner" to that which Qwest provides to itself, its End User Customers, its Affiliates or to any other party. July 12, 2011/caclNational ComTel Netwk/ID/CDS-110712-0002 Owest Resale Template - (v. 2.25.11)9 OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 . . . Section 4 Definitions "Telecommunications Services" means the offering of Telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. "Waste" means all hazardous and non-hazardous substances and materials which are intended to be discarded, scrapped or recycled, associated with activities Reseller or Qwest or their respective contractors or agents 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 Reseller, Qwest or their respective contractors or agents intend to use in their original form in connection with similar activities, are Waste. Waste shall not include substances, materials or components incorporated into structures (such as cable routes) even after such components or structure are no longer in current use. "Wire Center" denotes a building or space within a building that serves as an aggregation point on a given Carrier's network, where transmission facilities are connected or switched. Wire Center can also denote a building where one or more Central Offices, used for the provision of Basic Exchange Telecommunications Services and Access Services, are located. "Work Locations" means any real estate that Reseller or Qwest, as appropriate, owns, leases or licenses, or in which it holds easements or other rights to use, or does use, in connection with this Agreement. Terms not otherwise defined here, but defined in the Act and the orders and the rules implementing the Act, shall have the meaning defined there. The definition of terms that are included here and are also defined in the Act, or its implementing orders or rules, are intended to include the definition as set forth in the Act and the rules implementing the Act. July 12, 2011/cac/National ComTel Netwk/ID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)11 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . 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 Part may discontinue processing orders for the failure of the other Part to make full payment for the services, less any good faith disputed amount as provided for in Section 5.4.4 of this Agreement, for the services provided under this Agreement within thirty (30) Days following the payment due date provided the Billng Party has notified the other Party in writing at least ten (10) business days prior to discontinuing the processing of orders for services. If the Billing 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 Party's non-compliance continues, nothing contained herein shall preclude the Biling Party's right to refuse to accept additional orders for the services from the non-complying Party without further notice. For order processing to resume, the billed Party will be required to make full payment of all charges for the services not disputed in good faith under this Agreement. Additionally, the Billng Part may require a deposit (or additional deposit) from the biled Part, pursuant to this section. In addition to other remedies that may be available at law or equity, the billed Party reserves the right to seek equitable relief, including injunctive relief and specific performance. 5.4.3 The Billng Part may disconnect services for failure by the biled 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 biled Party will pay the applicable reconnect charge set forth in Exhibit A required to reconnect each service disconnected pursuant to this paragraph. The Billng Party wil notify the biled Part in writing and the Commission on a confidential basis at least ten (10) business days prior to disconnection of the service(s). In case of such disconnection, all applicable undisputed charges, including termination charges, shall become due. If the Billng Part 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 Party's right to disconnect services of the non-complying Party without further notice. For reconnection of the services to occur, the billed Party wil 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 Party is a new Reseller customer of Qwest, the application of this provision wil be suspended for the initial three (3) Billing 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 Party reserves the right to seek equitable relief, including injunctive relief and specific performance. 5.4.4 Should Reseller or Qwest dispute, in good faith, any portion of the charges under this Agreement, the Parties wil notify each other in writing within fifteen (15) Days following the payment due date identifying the amount, reason and rationale of such dispute. At a minimum, July 12, 2011/caclNational ComTel NetwklID/CDS-110712-Q002 Qwest Resale Template - (v. 2.25.11)13 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 Section 5 Terms and Conditions.irrevocable bank letter of credit, a letter of credit with terms and conditions acceptable to Qwest, or some other form of mutually acceptable security such as a cash deposit. Required deposits are due and payable within thirty (30) Days after demand 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 Reseller's account or refunded, as appropriate, upon the earlier of the expiration of the term of the Agreement or the establishment of satisfactory credit with Qwest, which wil generally be one full year of timely payments of undisputed amounts in full by Reseller. Upon a material change in financial standing, including factors referenced in Section 5.4.5 above, Reseller may request and the Qwest will consider a recalculation of the deposit. The fact that a deposit has been made does not relieve Reseller from any requirements of this Agreement. 5.4.7 Qwest may review Reseller's credit standing and modify the amount of deposit required but in no event wil the maximum amount exceed the amount stated in 5.4.5 or another amount, if approved by the Commission. 5.4.8 The late payment charge for amounts that are biled under this Agreement shall be in accordance with Commission requirements. 5.4.9 Reseller shall be responsible for notifying its End User Customers of any pending disconnection of a service by Reseller, if necessary, to allow those End User Customers to make other arrangements for such services. . 5.5 Taxes 5.5.1 Any federal, state, or local sales, use, excise, gross receipts, transaction or similar taxes, fees or surcharges resulting from the performance of this Agreement shall be borne by the Party upon which the obligation for payment is imposed under Applicable Law, even if the obligation to collect and remit such taxes is placed upon the other Part. However, where the sellng Party is permitted by law to collect such taxes, fees or surcharges, from the purchasing Party, such taxes, fees or surcharges shall be borne by the Party purchasing the services. Each Party is responsible for any tax on its corporate existence, status or income. Whenever possible, these amounts shall be biled as a separate item on the invoice. To the extent a. sale is claimed to be for resale tax exemption, the purchasing Party shall furnish the providing Part a proper resale tax exemption certificate as authorized or required by statute or regulation by the jurisdiction providing said resale tax exemption. Until such time as a resale tax exemption certificate is provided, no exemptions wil be applied. If either Party (the Contesting Party) contests the application of any tax collected by the other Party (the Collecting Party), the Collecting Part shall reasonably cooperate in good faith with the Contesting Part's challenge, provided that the Contesting Party pays any costs incurred by the Collecting Party. The Contesting Party is entitled to the benefit of any refund or recovery resulting from the contest, provided that the Contesting Party is liable for and has paid the tax contested. 5.6 Insurance .5.6.1 Each Part shall at all times during the term of this Agreement, at its own cost and expense, carry and maintain all insurance required by law and Commercial General Liabilty insurance covering claims for bodily injury, death, personal injury or propert damage and July 12, 2011/cac/National ComTel NetwID/CDS-110712-QOO2 Qwest Resale Template - (v. 2.25.11)15 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . Section 5 Terms and Conditions 5.8.5 Nothing contained in this Section 5.8 shall limit either Party's obligations of indemnification specified in this Agreement, nor shall this Section 5.8 limit a Party's liability for failing to make any payment due under this Agreement. 5.8.6 Intentionally. Left Blank. 5.9 Indemnity 5.9.1 The Parties agree that unless otherwise specifically set forth in this Agreement the following constitute the sole indemnification obligations between and among the Parties: 5.9.1.1 Each of the Parties agrees to release, indemnify, defend and hold harmless the other Part and each of its officers, directors, employees and agents (each an Indemnitee) from and against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated including, but not limited to, reasonable costs and expenses (including attorneys' fees), whether suffered, made, instituted, or asserted by any Person or entity, for invasion of privacy, bodily injury or death of any Person or Persons, or for loss, damage to, or destruction of tangible property, whether or not owned by others, resulting from the Indemnifying Part's breach of or failure to perform under this Agreement, regardless of the form of action, whether in contract, warranty, strict liability, or tort including (without limitation) negligence of any kind. 5.9.1.2 In the case of claims or loss alleged or incurred by an End User Customer of either Party arising out of or in connection with services provided to the End User Customer by the Part, the Part whose End User Customer alleged or incurred such claims or loss (the Indemnifying Party) shall defend and indemnify the other Party and each of its officers, directors, employees and agents (collectively the Indemnified 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 was provisioned by the Indemnified Party, unless the loss was caused by the wilful misconduct of the Indemnified Part. The obligation to indemnify with respect to claims of the Indemnifying Party's End User Customers shall not extend to any claims for physical bodily injury or death of any Person or persons, or for loss, damage to, or destruction of tangible propert, whether or not owned by others, alleged to have resulted directly from the negligence or intentional conduct of the employees, contractors, agents, or other representatives of the Indemnified Party. 5.9.1.3 Intentionally Left Blank. 5.9.1.4 Intentionally Left Blank. 5.9.2 The indemnification provided herein shall be conditioned upon: 5.9.2.1 The Indemnified Part shall promptly notify the Indemnifying 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 liability that the Indemnifying Party might have, except to the extent that such failure prejudices the Indemnifying Party's ability to defend such claim. 5.9.2.2 If the Indemnifying Part wishes to defend against such action, it shall July 12, 2011/caclNational ComTel Netwk/ID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)17 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . Section 5 Terms and Conditons infringement or (2) allow cessation of further infringement. The Indemnifying Party 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 facilities or services, and such request shall not be unreasonably denied. 5.10.3 To the extent required under applicable federal and state law, Qwest shall use its best efforts to obtain, from its vendors who have licensed intellectual propert rights to Qwest in connection with facilities and services provided hereunder, licenses under such intellectual propert rights as necessary for Reseller to use such facilities and services as contemplated hereunder and at least in the same manner used by Qwest for the facilities and services provided hereunder. Qwest shall notify Reseller immediately in the event that Qwest believes it has used its best efforts to obtain such rights, but has been unsuccessful in obtaining such rights. 5.10.3.1 Qwest covenants that it wil not enter into any licensing agreements with respect to any Qwest facilties, equipment or services, including softare, that contain provisions that would disqualify Reseller from using or interconnecting with such facilities, equipment or services, including softare, pursuant to the terms of this Agreement. Qwest warrants and further covenants that it has not and will not knowingly modify any existing license agreements for any network facilities, equipment or services, including softare, in whole or in part for the purpose of disqualifying Reseller from using or interconnecting with such facilities, equipment or services, including softare, pursuant to the terms of this Agreement. To the extent that providers of facilities, equipment, services or softare in Qwests network provide Qwest with indemnities covering intellectual propert liabilities and those indemnities allow a flow-through of protection to third parties, Qwest shall flow those indemnity protections through to Reseller. 5.10.4 Except as expressly provided in this Intellectual Propert 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 propert right now or hereafter owned, controlled or licensable by either Part. Neither Part may use any patent, copyright, logo, trademark, trade name, trade secret or other intellectual property rights of the other 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 Party, state or imply that: 1) it is connected, or in any way affiliated with the other or its Affiliates; 2) it is part of a joint business association or any similar arrangement with the other or its Affiliates; 3) the other Part and its Affliates are in any way sponsoring, endorsing or certifying it and its goods and services; or 4) with respect to its marketing, advertising or promotional activities or materials, the resold goods and services are in any way associated with or originated from the other or any of its Affiliates. 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 Affilates 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, Reseller may use the phrase "Reseller is a Reseller of Qwest Services" (the Authorized Phrase) in Reseller's printed materials provided: July 12, 2011/caclNational ComTel NetwID/CDS-110712-Q002 Owest Resale Template - (v. 2.25.11)19 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 Section 5 Terms and Conditions.permitted is void ab initio. Without limiting the generality of the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the Parties' respective successors and assigns. 5.12.2 In the event that Qwest transfers to any unaffiliated party exchanges including End User Customers that Reseller serves in whole or in part through facilities or services provided by Qwest under this Agreement, the transferee shall be deemed a successor to Qwests responsibilities hereunder for a period of ninety (90) Days from notice to Reseller of such transfer or until such later time as the Commission may direct pursuant to the Commission's then applicable statutory authority to impose such responsibilities either as a condition of the transfer or under such other state statutory authority as may give it such power. In the event of such a proposed transfer, Qwest shall use its best efforts to facilitate discussions between Reseller 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 Reseller'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 thirty (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 Party to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment on its part of any such provision, but the . same shall, nevertheless, be and remain in full force and effect. 5.14 Disclaimer of Agency 5.14.1 Except for provisions herein expressly authorizing a Part to act for another, nothing in this Agreement shall constitute a Party as a legal representative or agent of the other Part, nor shall a Party have the right or authority to assume, create or incur any liability or any obligation of any kind, express or implied, against or in the name or on behalf of the other Part unless otherwise expressly permitted by such other Party. Except as otherwise expressly provided in this Agreement, no Party undertakes to perform any obligation of the other Party whether regulatory or contractual, or to assume any resppnsibility for the management of the other Party's business. 5.15 Severabilty 5.15.1 In the event that anyone or more of the provisions contained herein shall for any reason be held to be unenforceable or invalid in any respect under law or regulation, the Parties wil negotiate in good faith for replacement language as set forth herein. If any part of this Agreement is held to be invalid or unenforceable for any reason, such invalidity or unenforceability wil affect only the portion of this Agreement which is invalid or unenforceable. In all other respects, this Agreement will stand as if such invalid or unenforceable provision had not been a part hereof, and the remainder of this Agreement shall remain in full force and effect. . July 12, 2011/cac/National ComTel NetwklID/CDS~110712-0002 Qwest Resale Template - (v. 2.25.11)21 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . Section 5 Terms and Conditions confidentiality obligation to the disclosing Party with respect to such information; or d) is independently developed by an employee, agent, or contractor of the receiving 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 Part shall give sufficient notice of the requirement to the disclosing Party to enable the disclosing Party to seek protective orders. 5.16.5 Nothing herein is intended to prohibit a 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 Party in connection with this Agreement, including without limitation the approval of this Agreement, or in any proceedings concerning the provision of InterLA T A services by Qwest that are or may be required by the Act. The Parties agree to cooperate with each other in order to seek appropriate protection or treatment of such Proprietary Information pursuant to an appropriate protective order in any such proceeding. 5.16.6 Effective Date of this Section. Notwithstanding any other provision of this Agreement, the Proprietary Information provisions of this Agreement shall apply to all information furnished by either 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 Part could be irreparably injured by a breach of the confidentiality obligations of this Agreement by the receiving Party or its representatives and that the disclosing 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 Intentionally Left Blank. 5.17 Survival 5.17.1 Any liabilities or obligations of a Party for acts or omissions prior to the termination of this Agreement, and any obligation of a Part under the provisions regarding July 12, 2011/cac/National ComTel Netwk/ID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)23 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 Section 5 Terms and Conditions.affected Work Location. Both Parties shall defend and hold harmless the other, its officers, 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 Party is responsible under Applicable Law. 5.20.2 Intentionally Left Blank. 5.21 Notices 5.21.1 Any notices required by or concerning this Agreement shall be in writing and shall be sufficiently given if delivered personally, delivered by prepaid overnight express service, or sent by certified mail, return receipt requested, or by email where specified in this Agreement to Qwest and Reseller at the addresses shown below: Qwest Corporation Director -Interconnection Agreements 930 15th Street 6th Floor Denver, CO 80202 Phone: 303-672-2879 Email: intagreeCâgwest.com With copy to: Qwest Law Department Associate General Counsel, Interconnection 1801 California Street, 10th Floor Denver, CO 80202 Phone: 303-383-6553 Email: LegaLlnterconnectionCâqwest.com . and to Reseller at the address shown below: National ComTel Network, Inc. Todd Mcintyre, President 9249 S. Broadway #200-422 Highlands Ranch, CO 80129 Phone: 303-470-9499 Fax: 303-470-9499 Email: Todd~Nationalcomtel.com If personal delivery is selected to give notice, a receipt acknowledging such delivery must be obtained. Each Party shall inform the other of any change in the above contact Person and/or address using the method of notice called for in this Section 5.21. . 5.22 Responsibilty of Each Party 5.22.1 Each Party is an independent contractor, and has and hereby retains the right to exercise full control of and supervision over its own penormance of its obligations under this Agreement and retains full control over the employment, direction, compensation and discharge of all employees assisting in the penormance of such obligations. Each Party wil be solely responsible for all matters relating to payment of such employees, including compliance with social security taxes, withholding taxes and all other regulations governing such matters. Each Party wil be solely responsible for proper handling, storage, transport and disposal at its own expense of all (i) substances or materials that it or its contractors or agents bring to, create or assume control over at Work Locations, and (ii) Waste resulting therefrom or otherwise July 12, 2011/caclNational ComTel NetwID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)25 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 Section 5 Terms and Conditions.procedures to provide and bill such services. Accordingly, the Parties agree to work jointly and cooperatively in testing and implementing processes for pre-ordering, ordering, maintenance, Provisioning and Biling and in reasonably resolving issues which result from such implementation on a timely basis. Electronic processes and procedures are addressed in Section 9 of this Agreement. 5.30 Amendments 5.30.1 Either Party may request an amendment to this Agreement at any time by providing to the other Part in writing information about the desired amendment and proposed language changes. If the Parties have not reached agreement on the requested amendment within sixty (60) Days after receipt of the request, either Part may pursue resolution of the amendment through the Dispute Resolution provisions of this Agreement. 5.30.2 Intentionally Left Blank. 5.30.3 The provisions of this Agreement, including the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures from the provisions of this Agreement may not be given without the written consent thereto by both Parties' authorized representative. No waiver by any part of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, wil be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. . 5.31 Entire Agreement This Agreement (including the documents referred to herein and any amendments to the Agreement) constitutes the full and entire understanding and agreement between the Parties with regard to the subjects of this Agreement and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subjects of this Agreement. . July 12, 2011/caclNational ComTel NetwklID/CDS-110712-Q002 Qwest Resale Template - (v. 2.25.11)27 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 Section 6 Resale.6.2.2.3.1 If Reseller is an Eligible Telecommunications Carrier (ETC) it must secure TAP credits directly from the appropriate federal or state agency(ies) as Qwest wil not collect TAP credits on an ETC's behalf. 6.2.2.3.2 If Reseller is not an ETC and if Reseller wishes to resell TAP services, Reseller shall certify pursuant to 47 C.F.R. § 54.417 that it complies with all FCC and any applicable state requirements governing TAP programs. Reseller shall complete and provide such certification to Qwest before Reseller purchases TAP services for resale, and shall re-certify annually. The certification form and instructions are provided at Qwests web site in the Resale General Product Catalog. Use of the Qwest certification form is mandatory to demonstrate compliance with the requirements of this Section. 6.2.2.4 Universal Emergency Number Service is not available for resale. Universal Emergency Number Service (E911/911 service) is provided with each local Exchange Service line resold by Reseller whenever E911/911 service would be provided on the same line if provided by Qwest to a Qwest retail End User Customer. 6.2.2.5 Inside wiring maintenance plans are available for resale at Qwest retail rates with no wholesale discount. Other non-Telecommunications Services such as inside wiring installation, callng cards and CPE, are not available for resale. 6.2.2.6 Voice messaging service is available for resale at the retail rate with no discount. Enhanced Services and Information Services, other than voice messaging, are not available for resale..6.2.2.7 Qwest wil make retail Contract Service Arrangements (CSA) available for resale at the wholesale discount rate specified in Exhibit A of this Agreement. All terms and conditions (except prices) in Qwests applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings wil apply to resale of CSAs,. including early termination liabilty. Nothing in this Agreement shall affect any obligation of any Qwest retail End User Customer that early terminates a CSA, including payment of any early termination charges. Where Reseller seeks to continue serving an End User Customer presently served through a resold Qwest CSA, but wishes to provide such service through alternate resale arrangements, Qwest shall provide Reseller the same waivers of early termination liabilities as it makes to its own End User Customers in similar circumstances. In any case where it is required to offer such a waiver, Qwest shall be entitled to apply provisions that provide Qwest substantially the same assurances and benefits that remained to it under the resold agreement as of the time it is changed. 6.2.2.8 Grandfathered services are available for resale by Reseller to existing End User Customers of the grandfathered product or service. 6.2.2.9 Centrex terms and conditions related to calculation of charges for, and Provisioning of common blocks, station lines and optional features wil be based on the Centrex definition of a system and Reseller's serving location. .6.2.2.9.1 Where a common block is applicable, a Centrex system is defined by a single common block or multiple common blocks for a single Reseller within a single Central Offce switching system. A common block July 12, 2011/caclNational ComTel NetwklID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)29 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . Section 6 Resale pursuant to this provision wil 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: 6.2.3.1 Qwest shall provide service credits to Reseller for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwests service credits to Reseller shall be subject to the wholesale discount; b) Qwest shall only be liable to provide service credits in accordance with the resold services provided to Reseller. Qwest is not required to provide service credits for service failures that are the fault of Reseller; c) Intentionally Left Blank. d) Intentionally Left Blank. e) In no case shall Qwests credits to Reseller exceed the amount Qwest would pay a Qwest End User Customer under the service quality requirements, less any wholesale discount applicable to Reseller's resold services; and f) In no case shall Qwest be required to provide duplicate reimbursement or payment to Reseller for any service quality failure incident. 6.2.3.2 Fines and Penalties - Qwest shall be liable to pay to Reseller fines and penalties for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwests fines and penalties paid to Reseller shall be subject to the wholesale discount; b) Qwest shall only be liable to provide fines and penalties in accordance with the resold services provided to Reseller. Qwest is not required to pay fines and penalties for service failures that are the fault of Reseller; c) Intentionally Left Blank. d) In no case shall Qwests fines and penalties to Reseller exceed the amount Qwest would pay the Commission under the service quality plan, less any wholesale discount applicable to Reseller's resold services; and e) In no case shall Qwest be required to provide duplicate reimbursement or payment to Reseller for any service quality failure incident. 6.2.4 In the event that there are existing agreements between Reseller and Qwest for resale under Qwest retail Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings, Reseller may elect to continue to obtain services for resale under the existing agreements and such retail Tariffs, catalogs, price lists, or other retail July 12, 2011/cac/National ComTel NetwklID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)31 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . Section 6 Resale 6.2.13 The underlying network provider of a resold service shall be entitled to receive, from the purchaser of Switched Access, the appropriate access charges pursuant to its then effective Switched Access Tariff. 6.2.14 Resold services are available where facilities currently exist and are capable of providing such services without construction of additional facilities or enhancement of existing facilities. However, if Reseller requests that facilities be constructed or enhanced to provide resold services, Qwest will 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 wil develop and provide to Reseller a price quotation for the construction. Construction charges associated with resold services wil be applied in the same manner that construction charges apply to Qwest retail End User Customers. If the quotation is accepted by Reseller, Reseller wil be biled the quoted price and construction wil commence after receipt of payment. 6.3 Rates and Charges 6.3.1 Wholesale discounts for resold Telecommunications Services offerings are provided in Exhibit A. The Telecommunications Services offerings available for resale but excluded from the wholesale pricing arrangement in the Agreement are available at the retail Tariff, price list, catalog, or other retail Telecommunications Services offering rates. Telecommunications Services available for resale with or without a wholesale discount are subject to Commission-approved change, and any such changes shall apply from the effective date of such change on a going-forward basis only. 6.3.2 The Customer Transfer Charges (CTC) as specified in Exhibit A apply when transferring services to Reseller. 6.3.3 A Subscriber Line Charge (SLC), or any subsequent federally mandated charge to End User Customers, wil continue to be paid by Reseller without discount for each local exchange line resold under this Agreement. All federal and state rules and regulations associated with SLC as found in the applicable Qwest Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings also apply. 6.3.4 Reseller wil pay to Qwest the Primary Interexchange Carrier (PIC) change charge without discount for Reseller End User Customer changes of Interexchange or IntraLATA Carriers. Any change in Reseller's End User Customer's Interexchange or IntraLATA Carrier must be requested by Reseller on behalf of its End User Customer, and Qwest will not accept changes to Reseller's End User Customer's Interexchange or IntraLATA Carrieres) from anyone other than Reseller. 6.3.5 Reseller agrees to pay Qwest when its End User Customer activates any services or features that are biled on a per use or per activation basis (e.g., continuous redial, last call return, call back callng, call trace) subject to the applicable discount in Exhibit A as such may be amended pursuant to this Section. With respect to all such charges, Qwest shall provide Reseller with sufficient information to enable Reseller to bil its End User Customers. 6.3.6 Miscellaneous Charges applicable to services ordered for resale by Reseller will apply if such Miscellaneous Charges apply for equivalent services ordered by Qwest retail End User Customers, except that Reseller wil receive any applicable wholesale discount. Such July 12, 2011/cac/National ComTel NetwID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)33 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . Section 6 Resale 6.4.3 Qwest wil use the same performance standards and criteria for installation, Provisioning, maintenance, and repair of services provided to Reseller for resale under this Agreement as Qwest provides to itself, its Affiliates, its subsidiaries, other Resellers, and Qwest retail End User Customers. The installation, Provisioning, maintenance, and repair processes for Reseller's resale service requests are detailed in the Access to OSS Section of this Agreement, and are applicable whether Reseller's resale service requests are submitted via Operational Support System or by facsimile. 6.4.4 Reseller is responsible for providing to Qwest complete and accurate End User Customer Directory Listing information including initial and updated information for Directory Assistance Service, white pages directories, and E911/911 Emergency Services. 6.4.5 If Qwests retail End User Customer, or the End User Customer's New Service Provider orders the discontinuance of the End User Customets existing Qwest service in anticipation of the End User Customer moving to a New Service Provider, Qwest will render its closing bil to the End User Customer, discontinuing Biling as of the date of the discontinuance of Qwests service to the End User Customer. If the Current Service Provider, or if the End User Customer's New Service Provider orders the discontinuance of existing resold service from the Current Service Provider, Qwest wil bil the Current Service Provider for service through the date the End User Customer receives resold service from the Current Service Provider. Qwest wil notify Reseller by Operational Support System 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 wil not provide the Current Service Provider with the name of the New Service Provider selected by the End User Customer. 6.4.6 Reseller shall provide Qwest and Qwest shall provide Reseller with points of contact for order entry, problem resolution and repair of the resold services. These points of contact will be identified for both Reseller and Qwest in the event special attention is required on a service request. 6.4.7 Prior to placing orders on behalf of the End User Customer, Reseller shall be responsible for obtaining and having in its possession Proof of Authorization (POA), as set forth in the POA Section of this Agreement. 6.4.8 Due Date intervals for Reseller's resale service requests are established when service requests are received by Qwest through Operational Support Systems or by facsimile. Intervals provided to Reseller shall be equivalent to intervals provided by Qwest to itself, its Affiliates, its subsidiaries, other Resellers, and to Qwests retail End User Customers. 6.5 Billng 6.5.1 Qwest shall bil Reseller and Reseller shall be responsible for all applicable charges for the resold services as provided herein. Reseller shall also be responsible for all Tariffed, cataloged, price listed, and other retail Telecommunications Services offerings charges and charges separately identified in this Agreement associated with services that Reseller resells to an End User Customer under this Agreement. 6.5.2 Qwest shall provide Reseller, on a monthly basis, within seven (7) to ten (10) Days of the last day of the most recent Biling period, in an agreed upon standard electronic Billng format as detailed in the OSS Section, Biling information including (1) a summary bill, July 12, 2011/cac/National ComTel Netwk/ID/CDS-'110712-0002 Qwest Resale Template - (v. 2.25.11)35 OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 . . . Section 7 White Pages Directory Listings SECTION 7.0 - WHITE PAGES DIRECTORY LISTINGS 7.1 Description White Pages Directory Listings Service consists of Qwest placing the names, addresses and telephone numbers of Reseller's End User Customers in Qwests Listings database, based on End User Customer information provided to Qwest by Reseller. Qwest is authorized to use Reseller End User Customer Listings as noted below. 7.2 Terms and Conditions 7.2.1 White Pages Directory Listings Service is provided to Reseller with Reseller's resold local exchange lines, and such Listings include terms and conditions (except prices) for Listings in 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 Reseller as described in this Section. 7.2.2 Reseller wil provide to Qwest, in standard format, by mechanized or by manual transmission to Qwest, its primary, premium and privacy Listings. 7.2.2.1 Qwest wil accept one (1) primary Listing for each main telephone number belonging to Reseller's End User Customers at no monthly recurring charge. 7.2.2.2 Reseller will be charged for its resale premium Listings (e.g., additional, foreign, cross-reference) and privacy Listings (Le., nonlisted and nonpublished) at Qwests General Exchange Listing Tariff rates, less the wholesale discount, if any, as described in Exhibit A. Primary Listings and other types of Listings are defined in the Qwest General Exchange Tariffs. 7.2.3 Intentionally Left Blank. 7.2.4 Information on submitting and updating Listings is available in Facility Based Resellers and Resellers Directory Listings User Document. Qwest wil furnish Reseller Listings format specifications. Directory publishing schedules and deadlines for Qwests official directory publisher wil be provided to Reseller. 7.2.5 If Reseller provides its End User Customer's Listings to Qwest, Reseller grants Qwest access to Reseller's End User Customer Listings information for use in its Directory Assistance Service - and in its Directory Assistance List Service and for other lawful purposes, except that Reseller's Listings supplied to Qwest by Reseller and marked as nonpublished or nonlisted Listings shall not be used for marketing purposes, subject to the terms and conditions of this Agreement. Qwest wil incorporate Reseller End User Customer Listings in the Directory Assistance Database. Qwest will incorporate Reseller'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. July 12, 2011/cac/National ComTel NetwklID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)37 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . Section 7 White Pages Directory Listings shall review all Listings information provided to Qwest, including End User Customer- requested restrictions on use, such as nonpublished and nonlisted restrictions. 7.2.14 Intentionally Left Blank. 7.2.15 Reseller shall be solely responsible for knowing and adhering to state laws or rulings regarding Listings and for supplying Qwest with the applicable Listing information. Qwest understands that certain states, including, but not necessarily limited to, Minnesota, South Dakota, and Washington, have enacted statutes that impose certain requirements upon the provision of wireless listings, and Reseller represents and warrants that listings Reseller submits to Qwest reflect and are provided in full compliance with applicable laws and regulations, including but not limited to, laws and regulations applicable to wireless listings. 7.2.16 Reseller agrees to provide to Qwest its End User Customer names, addresses and telephone numbers in a standard mechanized or manual format, as specified by Qwest. 7.2.17 Reseller wil supply its ACNAICIC or CLCC/OCN, as appropriate, with each order to provide Qwest the means of identifying Listings ownership. 7.2.18 Prior to placing Listings orders on behalf of End User Customers, Reseller shall be responsible for obtaining, and have in its possession, Proof of Authorization (POA), as set forth in Section 5.3 of this Agreement. 7.2.19 For Listings that Reseller submits to Qwest, Qwest wil provide monthly Listing verification proofs that provide the data to be displayed in the published white pages directory and available on Qwests Directory Assistance Service. Verification proofs containing nonpublished and nonlisted Listings are also available upon request on the same monthly schedule. 7.2.20 Qwest wil provide Reseller a reasonable opportunity to verify the accuracy of its Listings to be included in the white pages directory. and in Qwests Directory Assistance Service. 7.2.21 Reseller may review and if necessary edit its white page Listings prior to the close date for publication in the directory. 7.2.22 Reseller is responsible for all dealings with, and on behalf of, Reseller's End User Customers, including: 7.2.22.1 All End User Customer account activity (e.g., End User Customer queries and complaints); 7.2.22.2 All account maintenance activity (e.g., additions, changes, issuance of orders for Listings to Qwest); 7.2.22.3 Determining privacy requirements and accurately coding the privacy indicators for Reseller's End User Customer information (if End User Customer information provided by Reseller to Qwest does not contain a privacy indicator, no privacy restrictions wil apply); and . July 12, 2011/caclNationalComTel NetwklID/CDS-110712-Q002 Qwest Resale Template - (v. 2.25.11)39 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . Section 7 White Pages Directory Listings Agreement in submitting Resellets End User Customers' Listings to Qwest. 7.2.27.3 Reseller's use of an agent in submitting its End User Customers' Listings to Qwest shall not alter Reseller's obligations under this Agreement and Reseller shall remain primarily liable for covenants and responsibilities under this Agreement. 7.3 Rate Elements The following rate elements apply to white pages directory Listings and are contained in Exhibit A of this Agreement. 7.3.1 Primary Listings; and 7.3.2 Premium and Privacy Listings. 7.4 Ordering Process 7.4.1 Qwest provides training on white pages directory Listings requests and submission processes. The ordering process is similar to the service ordering process. 7.4.2 Reseller Listings can be submitted for inclusion in Qwest white pages directories according to the directions in the Qwest Listings User Documents for Facility Based Resellers and Resellers, which is available on-line through the PCAT (http://ww.gwest.com/wholesale/pcat/) or will be provided in hard copy to Reseller upon request. Initial information and directions are available in the PCAT. 7.4.3 Reseller can submit the OBF forms incorporated in the Local Service Request via the IMA-EDI, IMA-GUI, or by facsimile. July 12, 2011/cac/National ComTel NetwklID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)41 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . Section 8 Network Secunty 8.13 Reseller shall report all material losses to Qwest Security. All security incidents are to be referred directly to local Qwest Security - 1-888-879-7328. In cases of emergency, Reseller shall call 911 and 1-888-879-7328. 8.14 Qwest and Reseller employees, agents and vendors wil display the identification/access card above the waist and visible at all times. 8.15 Revenue Protection. Qwest shall make available to Reseller all present and future fraud prevention or revenue protection features. These features include, but are not limited to, screening codes, information digits '29' and '70' which indicate prison and COCOT pay phone originating line types respectively; call blocking of domestic, international, 800, 888, 900, NPA-976, 700 and 500 numbers. Qwest shall additionally provide partitioned access to fraud prevention, detection and control functionality within pertinent Operations Support Systems which include but are not limited to LIDS Fraud monitoring systems. July 12, 2011/cac/National ComTel Netwk/ID/CDS-110712-D002 Qwest Resale Template - (v. 2.25.11)43 OocuSign Envelope 10: 17285404-80B0-45B2-BD2B-B08C84034A82 . . . Section 9 Access to Operational Support Systems (OSS) above guidelines/standards shall be specified in the EDI disclosure documents. 9.2.1.3 The GUI shall provide a single interface for Pre-Order and Order transactions from Reseller to Qwest and is browser based. The GUI interface shall be based on the LSOG and utilizes a WEB standard technology, Hyper Text Markup Language (HTML), JAVA and the Transmission Control Protocol/Internet Protocol (TCP/IP) to transmit messages. 9.2.1.4 Functions Pre-ordering: Qwest will provide real time, electronic access to pre-order functions to support Resellets ordering via the electronic interfaces described herein. Qwest wil make the following real time pre-order functions available to Reseller: 9.2.1.4.1 Features, services and Primary Interexchange Carrier (PiC) options for IntraLATA Toll and InterLATA Toll available at a valid service address; 9.2.1.4.2 Access to Customer Service Records (CSRs) for Qwest retail or resale End User Customers. The information wil include Biling name, service address, Biling address, service and feature subscription, Directory Listing information, and Long Distance Carrier identity; 9.2.1.4.3 Telephone number request and selection; 9.2.1.4.4 Reservation of appointments for service installations requiring the dispatch of a Qwest technician on a non-discriminatory basis; 9.2.1.4.5 Information regarding whether dispatch is required for service installation and available installation appointments; 9.2.1.4.6 9.2.1.4.7 9.2.1.4.8 Service address verification; Facility availability, including resale-DSL; A list of valid available CFAs; 9.2.1.4.9 A list of one to five (1-5) individual Meet Points or a range of Meet Points for shared Loops; 9.2.1.4.1 a Design Layout Record (DLR) Query which provides the layout for the local portion of a circuit at a particular location where applicable. 9.2.1.5 Dial-Up Capabilities 9.2.1.5.1 Intentionally Left Blank. 9.2.1.5.2 Intentionally Left Blank. 9.2.1.5.3 When Reseller requests from Qwest more than fift (50) SecurlDs for use by Reseller Customer service representatives at a single Reseller location, Reseller shall use a T1 line instead of dial-up access at that location. If Reseller is obtaining the line from Qwest, then Reseller shall be able July 12, 2011/cac/National ComTel Netwk/ID/CDS-110712-0002 Owest Resale Template - (v. 2.25.11)45 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . 9.2.2 9.2.3 Section 9 Access to Operational Support Systems (OSS) Reseller that the service order record has been completed, and 2) Biling completion that notifies Reseller that the service order has posted to. the Billing system. 9.2.1.9.4 When Reseller places an electronic order, Qwest shall provide notification electronically of any instances when (1) Qwests Committed Due Dates are in jeopardy of not being met by Qwest on any service or (2) an order is rejected. The standards for returning such notices are set forth in Section 9. 9.2.1.9.5 When Reseller places a manual order, Qwest shall provide notification of any instances when (1) Qwests Committed Due Dates are in jeopardy of not being met by Qwest on any service or (2) an order is rejected. The standards for returning such notices are set forth in Section 9. 9.2.1.9.6 Business rules regarding rejection of LSRs or ASRs are subject to the provisions of Section 9.2.6. 9.2.1.9.7 Where Qwest provides installation on behalf of Reseller, Qwest shall advise the Reseller End User Customer to notify Reseller immediately if Reseller's End User Customer requests a service change at the time of installation. Maintenance and Repair 9.2.2.1 Qwest shall provide electronic interface gateways, including an Electronic Bonding interface and a GUI interface, for reviewing an End User Customer's trouble history at a specific location, conducting testing of an End User Customer's service where applicable, and reporting trouble to facilitate the exchange of updated information and progress reports between Qwest and Reseller while the Trouble Report (TR) is open and a Qwest technician is working on the resolution. Reseller may also report trouble through manual processes. For designed services, the TR wil not be closed prior to verification by Reseller that trouble is cleared. Interface Availabilty 9.2.3.1 Qwest shall make its OSS interfaces available to Reseller during the hours listed in the Gateway Availability PIDs. 9.2.3.2 Qwest shall notify Reseller in a timely manner regarding system downtime through mass email distribution and pop-up windows as applicable. 9.2.4 Billng 9.2.4.1 For products biled out of the Qwest Interexchange Access Billng System (lABS), Qwest wil utilize the existing CABS/BOS format and technology for the transmission of bils. 9.2.4.2 For products billed 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 ANSIIASC X12 Committee. A proper subset of this specification has been adopted July 12, 2011/cac/National ComTel NetwklID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)47 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . Section 9 Access to Operational Support Systems (OSS) A of this Agreement. 9.2.5.2.3 Routing of in-region IntraLATA Collect, Callng Card, and Third Number Biled Messages - Qwest wil distribute in-region IntraLATA collect, calling card, and third number biled messages to Reseller and exchange with other Resellers operating in region in a manner consistent with existing inter- company processing agreements. Whenever the daily usage information is transmitted to a Carrier, it wil contain these records for these types of calls as welL. 9.2.5.2.4 Loss Report provides Reseller with a daily report that contains a list of accounts that have had lines and/or services disconnected. This may indicate that the End User Customer has changed Resellers or removed services from an existing account. This report also details the order number, service name and address, and date this change was made. Individual reports wil be provided for resale products. 9.2.5.2.5 Completion Report provides Reseller with a daily report. This report is used to advise Reseller that the order( s) for the service( s) requested is complete. It details the order number, service name and address and date this change was completed. Individual reports wil be provided for resale products. 9.2.5.2.6 Category 11 Records are Exchange Message Records (EMR) which provide mechanized record formats that can be used to exchange access usage information between Qwest and Reseller. Category 1101 series records are used to exchange detailed access usage information. 9.2.5.2.7 Intentionally Left Blank. 9.2.5.2.8 SAG/FAM Files. The SAG (Street Address Guide)/FAM (Features Availability Matrix) files contain the following information: a) SAG provides Address and Serving Central Ofce Information. b) FAM provides USOCs and descriptions by state (POTS services only), and USOC availability 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), NOM connectivity, or a web browser. 9.2.6 Change Management Qwest agrees to maintain a change management process, known as the Change Management Process (CMP), that is consistent with or exceeds industry guidelines, standards and practices to address Qwests OSS, products and processes. The CMP shall include, but not be limited to, the following: (i) provide a forum for Reseller and Qwest to discuss Reseller and Qwest change requests (CR), CMP notifications, systems release life cycles, and communications; (ii) provide a forum for Resellers and Qwest to discuss and prioritize CRs, where applicable pursuant to the CMP Document; (iii) develop a mechanism to track and monitor CRs and CMP notifications; (iv) establish intervals where appropriate in the process; (v) processes by which Reseller impacts that result from changes to Qwests OSS, products or processes can be promptly and effectively July 12, 2011/cac/National ComTel NetwklID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)49 OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 . . . Section 9 Access to Operational Support Systems (OSS) 9.2.8.1 Qwest will provide written notice to Reseller of the need to migrate to a new release. 9.2.8.2 Qwest wil provide an EDI Implementation Coordinator to work with Reseller for business scenario re-certification, migration and data conversion strategy definition. 9.2.8.3 Re-certification is the process by which Reseller demonstrates the ability to generate correct functional transactions for enhancements not previously certified. Qwest will provide the suite of tests for re-certification to Reseller with the issuance of the disclosure document. 9.2.8.4 Qwest shall provide training mechanisms for Reseller to pursue in educating its internal personneL. Qwest shall provide training necessary for Reseller to use Qwests OSS interfaces and to understand Qwests documentation, including Qwests business rules. 9.2.9 Reseller Responsibilties for On-going Support for OSS Intenaces 9.2.9.1 If using the GUI interface, Reseller wil take reasonable efforts to train Reseller personnel on the GUI functions that Reseller wil be using. 9.2.9.2 An exchange protocol will be used to transport EDI formatted content. Reseller must perform certification testing of exchange protocol prior to using the EDI interface. 9.2.9.3 Qwest wil provide Reseller 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 OSS. Qwest has established the following test processes to assure the implementation of a solid interface between Qwest and Reseller: 9.2.9.3.1 Connectivity Testing: Reseller and Qwest wil conduct connectivity testing. This test wil establish the ability of the trading partners to send and receive EDI messages effectively. This test verifies the communications between the trading partners. Connectivity is established during each phase of the implementation cycle. This test is also conducted prior to controlled production and before going live in the production environment if Reseller or Qwest has implemented environment changes when moving into production. 9.2.9.3.2 Stand-Alone Testing Environment (SATE): Qwests stand-alone testing environment wil take pre-order and order requests, pass them to the stand-alone database, and return responses to Reseller during its development and implementation of ED!. The SATE provides Reseller the opportunity to validate its technical development efforts built via Qwest documentation without the need to schedule test times. This testing verifies Reseller's ability to send correctly formatted EDI transactions through the EDI system edits successfully for both new and existing releases. SATE uses test account data supplied by Qwest. Qwest wil make additions to the test beds and test accounts as it introduces new OSS electronic interface capabilities, including support of new products and services, new interface features, and functionalities. All SATE pre- July 12, 2011/cac/National ComTel NetwklID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)51 OocuSign Envelope 10: 17285404-80B0-45B2-BD2B-B08C84034A82 Section 9 Access to Operational Support Systems (OSS).order for Reseller to test the new release. For softare releases and upgrades, Qwest has implemented the testing processes set forth in Sections 9.2.9.3.2, 9.2.9.3.3 and 9.2.9.3.4. 9.2.9.5 New releases of the EDI interface may require re-certification of some or all business scenarios. A determination as to the need for re-certification wil be made by the Qwest coordinator in conjunction with the release manager of each IMA EDI release. Notice of the need for re-certification wil be provided to Reseller as the new release is implemented. The suite of re-certification test scenarios wil be provided to Reseller with the disclosure document. If Reseller is certifying multiple products or services, Reseller has the option of certifying those products or services serially or in parallel, where Technically Feasible. 9.2.9.6 Reseller wil contact the Qwest EDI Implementation Coordinator to initiate the migration process. Reseller may not need to certify to every new EDI release, however, Reseller must complete the re-certification and migration to the new EDI release within six (6) months of the deployment of the new release. Reseller wil use reasonable efforts to provide suffcient support and personnel to ensure that issues that arise in migrating to the new release are handled in a timely manner. 9.2.9.6.1 The following rules apply to initial development and certification of EDI interface versions and migration to subsequent EDI interface versions: .9.2.9.6.1.1 Stand-Alone and/or Interoperability testing must begin on the prior release before the next release is implemented. Otherwise, Reseller wil be required to move its implementation plan to the next release. 9.2.9.6.1.2 New EDI users must be certified and in production with at least one (1) product and one (1) order activity type on a prior release two (2) months after the implementation of the next release. Otherwise, Reseller wil be required to move its implementation plan to the next release. 9.2.9.6.1.3 Any EDI user that has been placed into production on the prior release not later than two (2) months after the next release implementation may continue certifying additional products and activities until two (2) months prior to the retirement of the release. To be placed into production, the products/order activities must have been tested in the SATE or Interoperability environment before two (2) months after the implementation of the next release. . 9.2.9.7 Reseller wil be expected to execute the re-certification test cases in the stand-alone and/or Interoperability test environments. Reseller will provide Purchase Order Numbers (PONs) of the successful test cases to Qwest. 9.2.9.8 In addition to the testing set forth in other sections of Section 9.2.9, upon request by Reseller, Qwest shall enter into negotiations for comprehensive production test procedures. In the event that agreement is not reached, Reseller 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 July 12, 2011/cac/National ComTel Netwk/ID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)53 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . Section 9 Access to Operational Support Systems (OSS) 9.2.11 Compensation/Cost Recovery Recurring and nonrecurring OSS charges, as applicable, will be biled at rates set forth in Exhibit A. Any such rates wil be consistent with Existing Rules. Qwest shall not impose any recurring or nonrecurring OSS charges unless and until the Commission authorizes Qwest to impose such charges and/or approves applicable rates at the completion of appropriate cost docket proceedings. 9.3 Maintenance and Repair 9.3.1 Service Levels 9.3.1.1 Qwest wil provide repair and maintenance for all services covered by this Agreement in substantially the same time and manner as that which Qwest provides for itself, its End User Customers, its Affiliates, or any other part. Qwest shall provide Reseller repair status information in substantially the same time and manner as Qwest provides for its retail services. 9.3.1.2 During the term of this Agreement, Qwest will provide necessary maintenance business process support to allow Reseller to provide similar service quality to that provided by Qwest to itself, its End User Customers, its Affiliates, or any other party. 9.3.1.3 Qwest will perform repair service that is substantially the same in timeliness and quality to that which it provides to itself, its End User Customers, its Affiliates, or any other party. Trouble calls from Reseller shall receive response time priority that is substantially the same as that provided to Qwest, its End User Customers, its Affiliates, or any other party and shall be handled in a nondiscriminatory manner. 9.3.2 Branding 9.3.2.1 Qwest shall use unbranded Maintenance and Repair forms while interfacing with Reseller End User Customers. Upon request, Qwest shall use Reseller provided and branded Maintenance and Repair forms. Qwest may not unreasonably interfere with branding by Reseller. 9.3.2.2 Except as specifically permitted by Reseller, in no event shall Qwest provide information to Reseller subscribers about Reseller or Reseller product or services. 9.3.2.3 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 Reseller or its Affiliates, except as expressly permitted by Reseller. 9.3.3 Service Interruptions 9.3.3.1 The characteristics and methods of operation of any circuits, facilities or equipment of either Part connected with the services, facilities or equipment of the other Party pursuant to this Agreement shall not: 1) interfere with or impair service over any facilities of the other Party, its affliated companies, or its connecting and concurring Carriers involved in its services; 2) cause damage to the plant of the other Part, its July 12, 2011/cac/National ComTel NetwID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)55 OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 Section 9 Access to Operational Support Systems (OSS).9.3.4.2 When Reseller requests that Qwest perform trouble isolation with Reseller, a Maintenance of Service charge wil apply if the trouble is found to be 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, and Reseller authorizes Qwest to repair trouble on Reseller's behalf, Qwest wil charge Reseller the appropriate Additional Labor Charge set forth in Exhibit A in addition to the Maintenance of Service charge. 9.3.4.3 When Reseller elects not to perform trouble isolation and Qwest performs tests at Reseller request, a Maintenance of Service charge shall apply if the trouble is not in Qwests facilities, including Qwests facilities leased by Reseller. Maintenance of Service charges are set forth in Exhibit A. When trouble is found on Qwests side of the Demarcation Point, or Point of Interface during the investigation of the initial or repeat trouble report for the same line or circuit within thirt (30) Days, Maintenance of Service charges shall not apply. 9.3.5 Inside Wire Maintenance Except where specifically required by state or federal regulatory mandates, or as may be provided for under -this Agreement, Qwest wil not perform any maintenance of inside wire (premises wiring beyond the End User Customer's Demarcation Point) for Reseller or its End User Customers. 9.3.6 TestinglTest Requests 9.3.6.1 Where Reseller does not have the ability to diagnose and isolate trouble on a Qwest line, circuit, or service provided in this Agreement that Reseller is utilizing to serve an End User Customer, Qwest wil conduct testing, to the extent testing capabilities are available to Qwest, to diagnose and isolate a trouble. in substantially the same time and manner that Qwest provides for itself, its End User Customers, its Affilates, or any other party. . 9.3.6.2 Prior to Qwest conducting a test on a line, circuit, or service provided in this Agreement that Reseller is utilizing to serve an End User Customer, Qwest must receive a trouble report from Reseller. 9.3.6.3 On manually reported trouble for non-designed services, Qwest wil provide readily available test results to Reseller or test results to Reseller in accordance with any applicable Commission rule for providing test results to End User Customers or Resellers. On manually reported trouble for designed services provided in this Agreement, Qwest wil provide Reseller test results upon request. For electronically reported trouble, Qwest wil provide Reseller with the ability to obtain basic test results in substantially the same time and manner that Qwest provides for itself, its End User Customers, its Affiliates, or any other party. 9.3.6.4 Reseller shall isolate the trouble condition to Qwests portion of the line, circuit, or service provided in this Agreement before Qwest accepts a trouble report for that line, circuit or service. Once Qwest accepts the trouble report from Reseller, Qwest shall process the trouble report in substantially the same time and manner as Qwest does for itself, its End User Customers, its Affiliates, or any other party..9.3.6.5 Qwest shall test to ensure electrical continuity and services it provides to July 12, 2011/cac/National ComTel Netwk/ID/CDS-110712-0002 Owest Resale Template - (v. 2.25.11)57 OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 . . . Section 9 Access to Operational Support Systems (OSS) abnormal condition updates, and final disposition. Service restoration wil be non- discriminatory, and wil be accomplished as quickly as possible according to Qwest and/or industry standards. 9.3.9.2 Qwest wil meet with associated personnel from Reseller to share contact information and review Qwests outage restoral processes and notification processes. 9.3.9.3 Qwests emergency restoration process operates on a 7X24 basis. 9.3.10 Protective Maintenance 9.3.10.1 Qwest will perform scheduled maintenance of substantially the same type and quality to that which it provides to itself, its End User Customers, its Affilates, or any other part. 9.3.10.2 Qwest wil work cooperatively with Reseller to develop industry-wide processes to provide as much notice as possible to Reseller of pending maintenance activity. Qwest shall provide notice of potentially Reseller Customer impacting maintenance activity, to the extent Qwest can determine such impact, and negotiate mutually agreeable dates with Reseller in substantially the same time and manner as it does for itself, its End User Customers, its Affiliates, or any other party. 9.3.10.3 Qwest shall advise Reseller of non-scheduled maintenance, testing, monitoring, and surveillance activity to be performed by Qwest on any services, including, to the extent Qwest can determine, any hardware, equipment, software, or system providing service functionality which may potentially impact Reseller and/or Reseller 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 Reseller promptly of any such actions it takes. 9.3.11 Hours of Coverage 9.3.11.1 Qwests repair operation is seven (7) Days a week, twenty-four (24) hours a day. Not all functions or locations are covered with scheduled employees on a 7X24 basis. Where such 7X24 coverage is not available, Qwests repair operations center (always available 7X24) can call-out technicians or other personnel required for the identified situation. 9.3.12 Escalations 9.3.12.1 Qwest wil provide trouble escalation procedures to Reseller. 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. 9.3.12.2 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 July 12, 2011/cac/National ComTel Netwk/ID/CDS-110712-0002 Owest Resale Template - (v. 2.25.11)59 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . 9.3.17 9.3.18 9.3.19 9.3.20 Section 9 Access to Operational Support Systems (OSS) other party, that a trouble report commitment (appointment or interval) has been or is likely to be missed. At Reseller option, notification may be sent by email or fax through the electronic interface. Reseller may telephone Qwest repair center or use the electronic interfaces to obtain jeopardy status. Trouble Screening 9.3.17.1 Reseller shall screen and test its End User Customer trouble reports completely enough to insure, to the extent possible, that it sends to Qwest only trouble reports that involve Qwest facilities. For services and facilities where the capabilty to test all or portions of the Qwest network service or facility rest with Qwest, Qwest wil make such capabilty available to Reseller to perform appropriate trouble isolation and screening. 9.3.17.2 Qwest wil cooperate with Reseller to show Reseller how Qwest screens trouble conditions in its own centers, so that Reseller may employ similar techniques in its centers. Maintenance Standards 9.3.18.1 Qwest wil cooperate with Reseller to meet the maintenance standards outlined in this Agreement. 9.3.18.2 On manually reported trouble, Qwest wil inform Reseller of repair completion in substantially the same time and manner as Qwest provides to itself, its End User Customers, its Affiliates, or any other part. On electronically reported trouble reports the electronic system wil automatically update status information, including trouble completion, across the joint electronic gateway as the status changes. End User Customer Interface Responsibilties 9.3.19.1 Reseller 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. 9.3.19.2 All Qwest employees who perform repair service for Reseller End User Customers will be trained in non-discriminatory behavior. 9.3.19.3 Qwest wil recognize the designated ResellerlDLEC as the Customer of Record for all services ordered by ResellerlDLEC and wil send all notices, invoices and pertinent information directly to ResellerlDLEC. Except as otherwise specifically provided in this Agreement, Customer of Record shall be Qwests single and sole point of contact for all Reseller/DLEC End User Customers. Repair Call Handling 9.3.20.1 Manually-reported repair calls by Reseller to Qwest wil be answered with the same quality and speed as Qwest answers calls from its own End User Customers. July 12, 2011/cac/National ComTel NetwklID/CDS-110712-0002 Owest Resale Template - (v. 2.25.11)61 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . Section 9 Access to Operational Support Systems (OSS) replacement of one or more frames, upon which the Switch Ports terminate. 9.3.24.3 Conversion Date: The "Conversion Date" is a Switch or frame conversion planned day of 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. 9.3.24.4 Conversion Embargoes: A Switch or frame conversion embargo is the time period that the Switch or frame Trunk Side facility connections are frozen to facilitate conversion from one Switch or frame to another with minimal disruption to the End User Customer or Reseller services. During the embargo period, Qwest wil reject orders for Trunk Side facilities (see Section 9.3.24.4.1) other than conversion orders described in Section 9.3.24.4.3. Notwithstanding the foregoing and to the extent Qwest provisions trunk or trunk facility related service orders for itself, its End User Customers, its Affliates, or any other party during embargoes, Qwest shall provide Reseller the same capabilities. 9.3.24.4.1 ASRs for Switch or frame Trunk Side facility augments to capacity or changes to Switch or frame Trunk Side facilties must be issued by Reseller with a Due Date prior to or after the appropriate embargo interval as identified in the ICONN database. Qwest shall reject Switch or frame Trunk Side ASRs to augment capacity or change facilities issued by Reseller or Qwest, its End User Customers, its Affiliates or any other party during the embargo period, regardless of the order's Due Date except for conversion ASRs described in Section 9.3.24.4.3. 9.3.24.4.2 For Switch and Trunk Side frame conversions, Qwest shall provide Reseller with conversion trunk group service requests (TGSR) no less than ninety (90) Days before the Conversion Date. 9.3.24.4.3 For Switch and Trunk Side frame conversions, Reseller shall issue facility conversion ASRs to Qwest no later than thirty (30) Days before the Conversion Date for Iike-for-like, where Reseller mirrors their existing circuit design from the old Switch or frame to the new Switch or frame, and sixty (60) Days before the Conversion Date for addition of trunk capacity or modification of circuit characteristics (Le., change of AMI to B8ZS). 9.3.24.5 Frame Embargo Period: During frame conversions, service orders and ASRs shall be subject to an embargo period for services and facilties connected to the affected frame. For conversion of trunks where Reseller mirrors their existing circuit design from the old frame to the new frame on a like-for-like basis, such embargo period shall extend from thirt (30) Days prior to the Conversion Date until five (5) Days after the Conversion Date. If Reseller requests the addition of trunk capacity or modification of circuit characteristics (Le., change of AMI to B8ZS) to the new frame, new facility ASRs shall be placed, and the embargo period shall extend from sixty (60) Days prior to the Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an embargo period, Qwest shall identify the particular dates and locations for frame conversion embargo periods in its ICONN database in substantially the same time and manner as Qwest notifies itself, its End User Customers, Affiliates, or any other party. July 12, 2011/cac/National ComTel Netwk/ID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)63 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . Section 9 Access to Operational Support Systems (OSS) be handled as emergency orders by Qwest. 9.3.24.7.7 Reseller may request a Due Date change to a LNP related disconnect order scheduled during quiet periods after 12:00 noon Mountain Time the Day prior to the scheduled LSR Due Date until 12 noon Mountain Time the Day after the scheduled LSR Due Date. Such changes shall be requested by issuing a supplemental LSR requesting a Due Date change and contacting the Interconnect Service Center. Such changes shall be handled as emergency orders by Qwest. 9.3.24.7.8 In the event that Reseller End User Customer service is disconnected in error, Qwest wil restore service in substantially the same time and manner as Qwest does for itself, its End User Customers, its Affiliates, or any other party. Restoration of Reseller End User Customer service wil be handled through the LNP escalations process. 9.3.24.8 Switch Upgrades: Generic Switch softare and hardware upgrades are not subject to the Switch conversion embargoes or quiet periods described above. If such generic Switch or softare upgrades require significant activity related to translations, an abbreviated embargo and/or quiet period may be required. Qwest shall implement service order embargoes and/or quiet periods during Switch upgrades in substantially the same time and manner as Qwest does for itself, its End User Customers, its Affliates, and any other part. 9.3.24.9 Switch Line and Trunk Hardware Additions: Qwest shall use its best efforts to minimize Reseller service order impacts due to hardware additions and modifications to Qwests existing Switches. Qwest shall provide Reseller substantially the same service order processing capabilities as Qwest provides itself, its End User Customers, Affliates, or any other part during such Switch hardware additions. July 12, 2011/cac/National ComTel NetwklID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)65 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 Section 11 Service Performance . Section 11.0 - SERVICE PERFORMANCE 11.1 Performance Indicator Definitions (PIDs), in their current form, are included in Exhibit B of this Agreement. Subsequent changes to these PIDs submitted to the Commission shall be incorporated into Exhibit B as soon as they are effective either by operation of law or Commission order, whichever occurs first and without further Amendment to this Agreement. 11.2 The Qwest Performance Assurance Plan (QPAP), in its current form, is attached as Exhibit K of this Agreement. Subsequent changes to the QPAP submitted to the Commission wil be incorporated into Exhibit K as soon as they are effective by operation of law or the effective date as approved by Commission order, whichever is applicable, and without further Amendment to this Agreement. . . July 12, 2011/cac/National ComTel Netwk/ID/CDS-110712-0002 Qwest Resale Template - (v. 2.25.11)67 . . . DocuSign Envelope 10: 172854D4-80BD-45B2-BD2B-B08C84034A82 Exhibit A Idaho National ComTelNetwork, Inc. Select Trafc Type EAS 1 Local Traffic Reciprocal Compensation Notes 6.0 Resale Wholesale Wholesale Discount Discount Percentage Percntage Recurring Nonreurrng .Chames Chames 6.1 Wholesale Disc:unt Rates 6.1.1 Southern Idaho 6.1.1.1 Basic Exchanoe Residental Line Serice 18.25%18.25%B B 6.1.1.2 Basic Exchanoe Business Line Serice 18.25%18.25%B B 6.1.1.3 IntraLATA Toll 18.25%18.25%B B 6.1.1.4 Packaae 1 Soecial Services (e.a., Centrx Discounted Line/Feature Packanes, ISDN,18.25%18.25%B B 6.1.1.5 Listinas, CO Features & Infonnation Services 18.25%18.25%B B 6.1.1.6 Private Line 18.25%18.25%B B 6,1.1.7 Ooerator Services 1 Directorv Assistance OS/DA\18.25%18.25%B B 6.1..8 Volume Packaned Services - Hinh Volume Customers 6.65%6.65%B B 6.1.1.9 Public Accss Line (PAL) Service 0.00%0.00%B B 6.1.2 Northem Idaho 6.1.2.1 Basic Exchanoe Residental Line Service 19.37%19.37%B B 6.1.2.2 Basic Exchanne Business Line Service 1 PBX 19.37%19.37%B B 6.1.2.3 IntraLATA Toll 19.37%19.37%B B 6.1.2.4 Packaae 1 Soecial Servces (e.a., Centx, Discounted LinelFeature Packanes ISDN,19.37%19.37%B B 6.1.2.5 Listinas, CO Features & Infonnation Services 19.37%19.37%B B 6.1.2.6 Private Line 19.37%19.37%B B 6.1.2.7 Ooarator Services 1 Directorv Assistnce OSIOA\19.37%19.37%B B 6.1.2.8 Volume Packned Services - Hioh Volume Customers 6.87%6.87%B B 6.1.2.9 Public Accss Line PAll Serice 0.00%0.00%B B 6.2 Cuswmer Transær Cha~e (CTC) 6.2.1 CTC fo POTS Service 6.2.1.1 Manual.6.2.1.1.1 IFirst Line $16.22 B 6.2.1.1.2 I Each Additional Line $2.27 B 6.2.1.2 Mechanized 6.2.1.2.1 IFirst Line $0.63 .B 6.2.1.2.2 lEach Additional Line $0.12 B 6.2.2 CTC for Private Line Transoor Services 6.2.2.1 First Circuit $38.84 B 6.2.2.2 IAdditional Circuit. oar Circuit, same CSR $33.50 B 6.2.3 CTC for Advanced Communications Servces, oar Circuit $46.81 B 12.0 Ooeraional SUDDOrt Systems 12.1 DevelODrnnt and Enhancements, oer Order $5.00 B I 12.210nlioinli Maintenance. oer Order $1.40 B 12.3 Dailv Usaae Record File. DAr Record $0.000419 B I 12.4lTrouble Isolation Charlie .See 9.20 I I NOTES: 0 Unless otherwise indicaed all rates are oursuant to Idaho Public Utilites Commission Dockets: A AT&T Aritration Docket USW-T-96-15 Order No 27738 efctve Sentember 17 1998 B Cost Docet OWE-T-01-11 Orde No. 29408 Januarv 5, 2004\ rates effecve Januarv 5 2004. #Voluntarv Rate Reduction Docket USW-T -00-3 effecive 6/10/02. Reductons refectd in the 5/24/02 Exibit A. ##Secnd Voluntarv Rate Reducton Docket USW-T -00-3 effectve 6/702. Reducions refleced in the 7/10/02 Exhibit A.##Third Voluntarv Rate Reduction Docket USW- T -00-3 effectve 12116/02 Reductions refleced in the 10/16/02 Exhibit A. 1 TELRIC rates oroDOsed in Cost Docket testimonv filed on November 12 2003 2 Market-based rates. 3 ICB Individual Case Basis oricina. 4 The State of Idaho has retained the oversiaht on these rates. Thes rates are not under the 'urisdicton of the FCC. 5 FCC ordere rates pursuant to the FCC's Order on Remand and Report and Order (Intercrrier Compensation for ISP-Bound Traffc) CC Docket 01-131 (FCC ISP Order). effve June 14 2001. 6 Effective August 1, 2003, Qwest will no longer bil the recurring and nonrecurrng charges for Channel Regeneration. Qwest reserves the right to revert back to the contracutl rate onlv after aoorooriate notice is niven. 7 The preliminary Ouote Preparation Fees (OPF) are included in the space constructon charges. Upo completion of the collocation constrcton, the OPF wil be creited to the final space constrcton charge for the virtual, caged or cageless colocation job. Thse engineering and planning charges are also included in the Virtual Caned and Caneless Ouote PreMration Fees. 8 Eff. 11/04,Owest (0) will no longer perfonn Bridge Tap andlor Load Coil Removal to faciltate provisioning of its Retil DSL offering.To pennlt CLECs to provision xDSL Capable Loops,O is now re-instituting the chrge to continue Conditioning for the 214-Wire UBL,ADSL Compatible UBL,ISDN (BRI) Capable UBL, xDSL-1.Capable UBL, Non-Commercial Line Sharing, Line Splitting,Non-Commercial SOL & Loop Splitting, eff. 3/14/05.0 can t bil the RC rate structre, but wil bil the lower of the tw rates. 9 Qwest is voluntarilv reducinn this rate in order to keen rate relationshin with the Fiber Transnort Ollr Pair" rate element. 10 Qwest has not imolemented this UNE rate or chame in its billinn system but reserves the rinh! to assess such a chame in the future. CDS-110712-o002 COMA - effecive 1/31/07 Page 1 of2 . . . OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 . , Service Penormance Indicator Definitions (PI D). IDAHO 271 PID Version 9.1 . OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . Table of Contents Qwests Service Performance Indicator Definitions ELECTRONIC GATEWAY AVAILABILITY ..........................................................................1 GA-1 - Gateway Availability - IMA-GUI..............................................................................1 GA-3 - Gateway Availability - EB-TA .................................................................................2 GA-4 - System Availability - EXACT.... ............................ ................................ ............... ...3 GA-6 - Gateway Availabilty - 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 - Billing 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 Portability Timeliness. ............... ................................................... ......... ...48 OP-13 - Coordinated 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 iii OocuSign Envelope 10: 172854D4-80B0-45B2-B02B-B08C84034A82 . . . Electronic Gateway Availabilty GA-1 - Gateway Availabilty - IMA-GUI Purpose: Evaluates the quality of CLEC access to the IMA-GUI electronic gateway and one associated system, focusina on the extent thev are actuallv available to CLECs. Description: GA-1A: Measures the availabilty of the IMA-GUI (Interconnect Mediated Access- Graphical User Interface), and reports the percentage of Scheduled 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 faciltates 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 wil be no less than the same hours as listed for IMA-GUI and IMA-XML..Time Gateway is Available to CLECs is equal to Scheduled 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 (i.e., IMA-GUI, SIA), affecting Qwests ability to serve its customers. An outage is determined by Qwest technicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event management systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate Disaggregation Reporting: Region-wide leveL. results Results wil be reported as follows:.GA-1A IMA Graphical User Interface Gateway ... GA-1 D SIA svstem 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 i Product Reporting: None Standard:99.25 percent Availabilty:Notes: Available Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 1 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . GA-4 - System Availabilty - EXACT Purpose: Evaluates the quality of CLEC batch access to the EXACT electronic access service request system, focusing on the extent the system is actually available to CLECs. Description: Measures the availabilty of EXACT system and reports the percentage of scheduled availability time the EXACT system is available..Scheduled Up Time hours are based on the currently published hours of availabilty found on the following website: http://ww.gwest.com/wholesale/cmp/ossHours.html..Time System is Available to CLECs is equal to Scheduled Availability Time minus Outage Time..Scheduled Availability Time is equal to Scheduled Up Time minus Scheduled Down Time..Scheduled Down Time is time identified and communicated that the system is not available due to maintenance and/or upgrade work. Notification of Scheduled Down Time for routine maintenance and/or upgrade work wil be provided no less than 48 hours in advance..An outage is a critical or serious loss of functionality, attributable to the specified gateway or component (i.e., EXACT), affecting 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 manaaement systems. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate results Disaggregation Reporting: Region-wide level. Formula: ((Number of Hours and Minutes EXACT is Available to CLECs During Reporting Period) + (Number of Hours and Minutes of Scheduled Availabilty During Reporting Period)) x 100 Exclusions: None Product Reporting: None Standard:99.25 percent Availabilty:Notes: Available Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 3 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . GA-7 - Timely Outage Resolution following Softare Releases Purpose: Measures the timeliness of resolution of gateway or system outages attributable to software releases for specified OSS interfaces, focusing on CLEC-affecting softare releases involving the specified gateways or systems. Description: . Measures the percentage of gateway or system outages, which are attributable to OSS system softare releases and which occur within two weeks after the implementation of the OSS system softare releases, that are resolved NOTE 1 within 48 hours of detection by the Qwest monitoring group or reporting by a CLEC/co-provider. . Includes softare releases associated with the following OSS interfaces in Qwest: IMA-GUI, IMA- XML, and CEMR, Exchange Access, Control, & Tracking (EXACT)NOTE 2, Electronic Bonding- Trouble Administration (EB - 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 Qwest's ability to serve its customers or data loss NOTE 4 on the Qwest side of the interface. An outage is determined by Qwest technicians through the use of verifiable data, collected from the affected customer(s) and/or from mechanized event management systems. . The outage resolution time interval considered in this measurement starts at the time Qwest's monitoring group detects a failure, or at the date/time of the first transaction sent to Qwest that cannot be processed (i.e. lost data), and ends with the time functionality is restored or the lost data is recovered. Reporting Period: Monthly Reporting Comparisons: CLEC Aggregate Unit of Measure: Percent Disaggregation Reporting: Region-wide level. Formula: ((Total outages detected within two weeks of a Softare Release that are resolved within 48 hours of the time Qwest detects the outage) + (Total number of outages detected within two weeks of Softare Releases resolved in the Reporting Period)) x 100 Exclusions: . Outages in releases prior to any CLEC migrating to the release. · Duplicate reports attributable to the same softare defect. Product Reporting: None Standards: Volume = 1-20: 1 miss Volume ~ 20: 95% Availabilty:Notes: 1. "Resolved" means that service is restored to the reporting CLEC, as experienced by the CLEC. 2. EXACT is a Telecordia system. Only releases for changes initiated by Qwest for hardware or connectivity wil be included in this measurement. 3. Outages reported under EB-TA are the same as outages in MEDIACC. 4. For data loss to be considered for GA-7, a functional acknowledgement . must have been provided for the data in question (e.g., LSR ID or trouble ticket number). Available Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 PageS OocuSign Envelope 10: 17285404-80BD-4582-B02B-B08C84034A82 . . . Pre-Order/Order PO-1 - Pre-Qrder/Order Response Times Purpose: Evaluates the timeliness of responses to specific preordering/ordering queries for CLECs through the use of Qwests Operational Support Systems (OSS). Qwests OSS are accessed through the specified gateway interface. Description: PO-1A & PO-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 CLEe 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 Availability 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 Facilty Assignment NOTE 3 10. Meet Point Inquiry NOTE 4 For PO-1A (transactions via IMA-GUI), in addition to reporting total response time, response times for each of the above transactions wil be reported in two parts: (a) time to access the request screen, and (b) time to receive the response for the specified transaction. For PO-1A 6, Telephone Number, a third part (c) accept screen, wil be reported. For PO-1X (transactions via IMA-XML), request/response wil be reported as a combined number. 1. Formula: PO-1X = ¿((Query Response Date & Time) - (Query Submission Date & Time)) + (Number of Queries Submitted in ReportinQ Period) Exclusions: . Rejected reauests/errors, and timed out transactions Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 7 OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 . . . 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 retvpina. 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 period, subject to exclusions specified below. PO-2B - Measures the percentage of all flow-through-eligible LSRs NOTE 1 that flow from the specified electronic gateway interface to the SOP without any human intervention. . . Includes all flow-through-eligible LSRs that are submitted electronically 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-aaareaate, individual CLEC state system serving the state), Formula: PO-2A = ((Number of Electronic LSRs that pass from the Gateway Interface to the SOP without human intervention) + (Total Number of Electronic LSRs that pass through the Gateway Interface)) x 100 PO-2B =((Number of flow-through-eligible Electronic LSRs that actually pass from the Gateway Interface to the SOP without human intervention) + (Number of f1ow-through-eligible Electronic LSRs received throuah 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 courier)..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to disallow duplicate LSR #'s.).Invalid startstop dates/times. Product Reporting:Standards:.Resale PO-2A:.Unbundled Loops (with or Diagnostic without Local Number Portabilty)PO-2B: .Local Number Portabilty.UNE-P (Centrex 21)Resale:95% .Line Sharing Unbundled Loops:85% LNP:95% UNE-P Centrex 21:95% Line Sharina:Diaanostic NU It:" Availabilty:Notes: Available 1.The list of LSR types classified as eligible for flow through is contained in the "LSRs Eligible for Flow Through" matrix. This matrix also includes availabilty for enhancements to flow through. Matrix wil be distributed through the CMP process. 2.The standard and future disaggregated reporting of the Line Sharing product is TBD, pending resolution of TRO issues. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 9 OocuSign Envelope 10: 17285404-0BO-45B2-B02B-B08C84034A82 . . . PO-4 - LSRs Rejected Purpose: Monitors the extent LSRs are rejected as a percentage of all LSRs to provide information to help address potential issues that miaht be raised by the indicator of LSR rejection notice intervals. Description: Measures the percentage of LSRs rejected (returned to the CLEC) for standard categories of errors/reasons..Includes all LSRs submitted through the specified interface that are rejected or FOC'd during the reporting period. ..Standard reasons for rejections are: missing/incomplete/mismatching/unintellgible information; duplicate request or LSRlPON (purchase order number); no separate LSR for each account telephone number affected; no valid contract; no valid end user verification; account not working in Qwest territory; service-affecting order pending; request is outside established parameters for service; and lack of CLEC response to Qwest iuestion 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 PO-4X-1, LSRs received electronically and rejected manually - Statewide PO-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 rejected or FOC'd in the reporting period)) x 100 Exclusions:.Records with invalid product codes..Records missing data essential to the calculation of the measurement per the PID..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to disallow duplicate LSR #'s.).Invalid startstop dates/times. Product Reporting: Not applicable (reported by Standard: Diagnostic orderina interface), Availabilty:Notes: Available Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 11 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . 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 iplication or confirmation dates. Product Reporting:Standards: .For PO-SA (all):95% within 20 minutes NOTE;¿ .For PO-SA, -5B and .For PO-5B (all):90% within standard FOC intervals -5C:(specified below) (a) Resale services .For PO-5C (manual):90% within standard FOC intervalsUNE-P Centrex specified below PLUS 24 hours NOTE 3 (b) Unbundled Loops .For PO-50 (LIS Trunks):85% within eight 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 chanoes/adds/removals (all) LNP 1-24 lines Unbundled Loops 1-24 loops 2/4 Wire analog DS3 Capable Sub-loop 1-24 sub-loops (included in Product Reporting group (b)) Line Sharing/Line Splitting/Loop Splitting 1-24 shared loops rincluded in Product Reportino oroup (b)l Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 13 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . 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 compnse the CLEC LSR are complete. . With hours: minutes reporting, hours counted are during the published Gateway Availabilty hours. Gateway Availabilty hours are based on the currently published hours of availabilty found on the following website: http://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: ~((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)) + (Number of completion notifications made available in reoortina oeriod) Exclusions: . Records with invalid completion dates. . LSRs submitted manually (e.g., via facsimile). .. ASRs submitted via EXACT. Product Reporting:¡Standard: 6 hours Availabilty: Available except as specified below: Notes: 1. The time a notice is "made available" via the IMA-GUI is the time Qwest stores a status update related to the completion notice in the IMA Status Updates database. When this occurs, the notice can be immediately viewed by the CLEC using the Status Updates window or by using the LSR Notice Inquiry function. 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: 17285404-80BD-45B2-B02B-B08C84034A82 . . . 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 EXACT. Product Reporting: Not aoolicable Availabilty: Notes: Available, except as specified below: ¡Standard: PO-7X: Parity with PO-7C PO-7X: 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 17 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . PO-9 - Timely Jeopardy Notices Purpose: When original due dates are missed, measures the extent to which Qwest notifies customers in advance of jeopardized due dates. Description: Measures the percentage of late orders for which advance jeopardy notification is provided..Includes all inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and which are completed/closed in the reporting period that missed the original due date. Change order types included in this measurement consist of all C orders representing inward activity..Missed due date orders with jeopardy notifications provided on or after the original due date is past 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 cateQories 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 Parity 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 OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 .PO-16- Timely Release Notifications Purpose: Measures the percent of release notifications for changes to specified OSS interfaces sent by Qwest to CLECs within the intervals and scope specified within the change management plan found on Qwests Chanoe Manaaement Process, (CMP) website at http://w.qwest.com/wholesale/cmp/whatiscmp.html. Description: . Measures the percent of release notices that are sent by Qwest within the intervals/timeframes prescribed by the release notification procedure on Qwests CMP website. NOTE 1 - Release notices measured are: Draft Technical Specifications (for App to App interfaces only); Final Technical Specifications (for App to App interfaces only); Draft Release Notices (for IMA-GUI interfaces only); Final Release Notices (for IMA-GUI interfaces only); and OSS Interface Retirement Notices. NOTE 2 For the following OSS interfaces: - IMA-GUI, IMA-XML; CEMR; Exchange Access, Control, & Tracking (EXACT); NOTE 3 Electronic Bonding - Trouble Administration (EB _ TA); NOTE 4 - lABS ana CRIS Summary Bil Out.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 Qwest 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 Qwest to CLECs for the following OSS functions: Pre-Ordering, Ordering, Provisioning, Repair and Maintenance, and Biling. - Includes Types of Changes as specified in the "Qwest Wholesale Change Management Process Document" (Section 4 - Types of Changes). Includes all OSS interface release notifications pertaining to the above OSS systems, subject to the exclusions specified below. . Release Notifications sent on or before the date required by the CMP are considered timely. A release notification "sent date" is determined by the date of the e-mail sent by Qwest that provides the Release Notification. NOTE 7 . Release Notifications sent after the date required by the (CMP) are considered untimely. Release Notifications required but not sent are considered untimely. . Reporting Period: One month Reporting Comparisons: CLEC Aggregate Unit of Measure: Percent Disaggregation Reporting: Region-wide leveL. Formula: ((Number of required release notifications for specified OSS interface changes made within the reporting period that are sent on or before the date required by the change management plan (CMP) + Total number of required release notifications for specified OSS interface changes within reporting period))x100 Exclusions: . Changes to be implemented on an expedited basis (exception to OSS notification intervals) as mutually agreed upon by CLECs and Qwest through the CMP. . Changes where Qwest and CLECs agree, through the CMP, that notification is unnecessary.. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 21 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . PO-19 - Stand-Alone Test Environment (SATE) Accuracy Purpose: Evaluates Qwests ability to provide accurate production-like tests to CLECs for testing new releases in the SATE and oroduction environments. Description: PO-19X · Measures the percentage of test transactions that conform to the test scenanos published in the IMA XML Data Document - for the Stand Alone Test Environment (SA TE) that are successfully executed in SATE at the time a new IMA Release is deployed to SATE . Includes one test transaction for each test scenario published in the IMA XML Data Document - for the Stand Alone Test Environment (SATE). · Test transactions wil be executed for each of the IMA releases supported in SATE utilizing all test scenarios for each of the current versions of the IMA XML Data Document - for the Stand Alone Test Environment (SA TE). · The successful execution of a transaction is determined by the Qwest Test Engineer according to: - The expected results of the test scenario as described in the IMA XML Data Document - for the Stand Alone Test Environment (SA TE) 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 wil be executed within five business days of the numbered release being originally installed in SATE. This five-business day period wil be referred to as the "Testing Window." · 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 measunng 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 çlisclosure document and developer worksheets related to the IMA release being tested. Comparabilty wil be determined by evaluating the data and fields in each XML message for the test transactions against the same data and fields for Preorder queries, LSRs, and Supplementals, and returned as Query Responses, Acknowledgements, Firm Order Confirmations (FOCs) for flow-through eligible products, and rejects. · Test transactions are executed one time for each new major IMA release within 7 days after the IMA release. - Test transactions consist of a defined suite of Product/Activity combinations. Qwests three regions wil be represented. NOTE 2 Pre-order, Order, and Post-order transactions (FOCs for flow-through products) are included. · With respect to the comparability of the structure and content of results from SATE and production environments, this measurement focuses only on the validity of the structure and the validitr of the content, per developer worksheets and WSDLs distnbuted as part of release notifications. OTE 3 Reporting Period: Unit of Measure: One month (for those months in which release- related test transactions are completed) Percent . Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 23 OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 . . . 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 occur there, whereas available appointments in SATE are based on a pre- defined list that is representative of production. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 25 OocuSign Envelope 10: 17285404-80BD-4582-B02B-B08C84034A82 . . . 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 missinQ 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 2/4-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 Qwests 14- state local service region. Inclusion of XML reporting is effective with December 2010 resuJts published in January 2011 and until such time that the XML results are provided, reporting wil be based on the prior PID version. LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: CCNA Customer Carrier CCNA field of LSR form compared to the RSID/ZCID field Name identifier in the Extended 10 section of the Service Order. Abbreviation PON Purchase Order PON field of LSR form compared to the PON field in 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 USOC.) TEST Testing required Applies only to Unbundled Loop. Validate that the installation USOC used on the Service Order matches the TEST request. (Evaluated in conjunction with the CHC field to determine correct USOC.) NC Network Channel Applies only to Unbundled Loop. NC field on the LSR form Code compared to provisioning USOC for CKL 1 on the Service Order. NCI Network Channel Applies only to Unbundled Loop NCI field on the LSR form Interface Code compared to provisioning USOC for CKL 1 on the Service Order. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 27 OocuSign Envelope 10: 17285404-80BD-4582-B02B-B08C84034A82 . . . PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSRField Form Code LSR Field Name Remarks/Service Order Field: LS/CFA Connecting CFA field on the LS or LSNP forms compared to the CFA LSNP 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. LTV Listing Type LTV = 1 (Listed - appears in DA and the directory.) Validate that there is a LN in the List section of the Service Order. LTV = 2 (Non Listed - appears only in DA.) Validate that there is non listing instructions in the LN field in the List section of the Service Order. CentrallWestern Region: Validate that the left handed field is NLST and (NON-LIST) is contained in the NLST data field in the List section of the Service order. Eastern Region: Validate that the left handed field is NL and (NON LIST) is contained in the NL data field in the List section of the Service Order. LTV = 3 (Non Pub - does not appear in the directory and telephone number does not appear in DA.) Validate that there is non published instructions in the LN field in the List-section of the Service Order.en CentrallWestern Regions: Validate that the left handedC)c;¡field is NP and (NON-PUB) is contained in the NP data field E .~in the List section of the Service Order... ...2 c Eastern Region: Validate that the left handed field is NP en .-C) ft and (NP LODA) or (NP NODA) is contained in the NP data c :a field in the List section of the Service Order.;¡ ëã.~ (,TOA Type of Account Validate TOA entries (only reviewed when BRO field on DL.. 0 ~~form is not populated): 0.2 .TOA valid entries are B or RPt5 ~Validate that there is a semi colon (;) within the LN in theCI_.!: c List section of the Service Order.CO I 't .TOA valid entries are R or BP .. .!Validate that there is a comma (,) within the LN in the Listc ft:i section of the Service Order.ëã~Exception: When LSR- TOS = 3, TOA review is NotwApplicable. Handled by Complex Listing Group. Requires- separate Service Order. DML Direct Mail List DML field = 0 on DL form; Service Order LN contains (OCLS), NOSL No Solicitation Arizona Only Indicator NOSL field = Y on DL form; Service Order LN contains (NSOL) (OCLS). TMKT Telemarketing Colorado Only TMKT field = 0 on DL form; Service Order LN contains (OATD). When both the DML and the TMKT fields are populated, DML validation applies. LNLN and Listed Name LNLN and LNFN fields on DL fonn 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: 17285404-80BD-45B2-B02B-B08C84034A82 . . . PO-20 (Expanded) - Manual Service Order Accuracy (continued) LSR-Service Order Fields Evaluated Mechanized comparison of the fields from the Service Order to the LSR: LSR Field Form Code LSR Field Name Remarks/Service Order Field: Resale BLOCK Blocking Type For each LNUM provided in the Service Detail section of the or (Stage 1)Resale or Centrex form when BA = E: Centrex Note: The BLOCK field may have one or more alpha and/or numeric values per LNUM. This review wil only validate based on BA/BLOCK fields and 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. 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. If BLOCK contains H, validate FlO BLKD is present on the service order floated behind line USOC associated with the TNS for that LNUM. DFDT Desired Frame Applicable only to orders for Resale and UNE-P (Centrex 21) Due Time DFDT field on the LSR form compared to the FDT field in the Extended 10 section of the Service Order. DOD Desired Due DOD field from the last FOC'd LSR compared to the original LSR 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 Service Order based on population of the CFLAG/PIA field on the LSRC (FOC)) LTN Listed Telephone For Resale and UNE-P (Centrex 21):IIC).,-Number L TN field on the Listing form compared to the Main Accountco II Number of the Service Order.~.. C) II ~.5:.--c II~ o:.For Unbundled Loop: L TN field on the Listing form compared° E" c-oG).-to the TN floated after the LN in the Listing section of theu..t;CU l! :J ::Service Order.Q ii iii ~ u LNPL Letter Name LNPL field on the Listing form = L, validate that LN on thew 0.. -..Placement Service Order follows letter placement versus wordQplacement. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 31 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . OP-3 - Installation Commitments Met Purpose: Evaluates the extent to which Qwest installs services for Customers bv the scheduled due date. Description: Measures the percentage of orders for which the scheduled due date is met. . All inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and which are completed/closed during the reporting period are measured, subject to exclusions specified below. Change order types included in this measurement consist of all Corders representing inward 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 Qwest is counted as a met due date. The Applicable Due Date is the original due date or, if changed or delayed by the customer, the most recently revised due date, subject to the following: If Qwest changes a due date for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that is (a) subsequent to the oriainal due date and (b) orior to a Qwest-initiated, changed due date, if anv. Reporting Period: One month I Unit of Measure: Percent Reporting Disaggregation Reporting: Statewide leveL. Comparisons: . Results for product/services listed in Product Reporting under "MSA-Type CLEC aggregate, Disaggregation" wil be reported according to orders involving: individual CLEC OP-3A Dispatches within MSAs; and Qwest Retail OP-3B Dispatches outside MSAs; and results OP-3C No dispatches. . Results for products/services listed in Product Reporting under "Zone-type Disaggregation" wil be disaggregated according to installations: OP-3D In Interval Zone 1 areas; and OP-3E In Interval Zone 2 areas. Formula: ((Total Orders completed in the reporting period on or before the Applicable Due Date) + (Total Orders Completed in the Reporting Period)) x 100 Exclusions: . Disconnect, From (another form of disconnect) and Record order types. . Due dates missed for standard categories of customer and non-Qwest reasons. Standard categories of customer reasons are: previous service at the location did not have a customer- requested disconnect order issued, no access to customer premises, and customer hold for payment. Standard categories of non-Qwest reasons are: Weather, Disaster, and Work Stoppage. . Records involving offcial company services. . Records with invalid due dates or application dates. . Records with invalid completion dates. . Records with invalid product codes. . Records missing data essential to the calculation of the measurement per the PID. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 33 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . OP - 3 Installation Commitments Met (continued) .Enhanced Extended Loops (EELs) - (DSO WA:90% level)All Other States: Diagnostic .Enhanced Extended Loops (EELs) - (DS1 90% level).Enhanced Extended Loops (EELs) - (DS3 WA:90% level)All Other States: Diagnostic Availabilty:Notes: Available 1.Reporting wil begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 35 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . OP-4 -Installation Interval (continued) Product Reporting:Standards: MSA- Tvoe Disaaareaation -.Resale Residential sinale line service Parity with retail service Business sinale line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service DSO (non-desianed orovisionina)Parity with retail service PBX Trunks (non-desianed orovisioning)Parity with retail service Primary ISDN (non-designed Parity with retail service provisionina) Basic ISDN (non-desianed orovisioninQ)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 Splittina 3.3 days .Loop Solittina NOTE 3 Diagnostic .Line Sharina 3.3 days.Sub-Loop Unbundling CO: 6 days All Other States: DiaQnostic Zone- Tvoe Disaaareaation -.Resale Primary ISDN (desianed orovisioning)Parity with retail service Basic ISDN(desianed orovisionina)Parity with retail service DSO (desianed provisionina)Parity with retail service DS1 Parity with retail service PBX Trunks (desianed orovisioning)Parity with retail service DS3 and higher bit-rate services Parity with retail service (aaareaate) Frame Relav Parity with retail service.LIS Trunks Parity with Feature Group 0 (aggregate) .Unbundled Dedicated Interoffce Transport (UDIT) UDIT - DS1 level Parity with DS1 Private Line Service UDIT - Above DS1 level Paritv with Private Lines above OS 1 level Dark Fiber - IOF Diaanostic.Unbundled Looos: Analoa Loop 6 days . Non-loaded Loop (2-wire)6 days Non-loaded Looo(4-wire)Parity with retail OS 1 Private Line DS1-capable Loop Idaho, Iowa, Montana, Nebraska, North Dakota, Oregon, Wyoming: Parity with retail OS 1 Private Line Arizona, Colorado, Minnesota, New Mexico, South Dakota, Utah, Washinaton: 5.5 days xDSL-1 caoable Looo 6 days ISDN-caoable Looo Parity with retail ISDN BRI (desianed) ADSL-Qualified Looo 6 days Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services (aaareaate)(aaareQate) Dark Fiber - Loop Diaanostic Looos with Conditionina 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: 17285404-80BO-45B2-B02B-B08C84034A82 . . . OP-5 - New Service Quality Purpose: Evaluates the quality of ordering and installng new services (inward line service orders), focusing on the percentage of newly-installed service orders that are free of CLEC/customer-initiated trouble reports during the provisioning process and within 30 calendar days following installation completion, and focusing on the quality of Owests resolution of such conditions with resoect to multiole 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 performance indicator are all inward line service orders completed in the reporting period, including Change (C-type) orders for additional lines/circuits, subject to exclusions shown below. Chan~e order types considered in these measurements consist of all C orders representing inward activity. OTE 1 . Orders for new service installations include conversions (Retail to CLEC, CLEC to CLEC, and same CLEC converting between products). . Provisioning or repair trouble reports include both out of service and other service affecting conditions, such as features on a line that are missing or do not function properly upon conversion, subject to exclusions shown below. OP-5A: New Service Installation Quality Reported to Repair .... Measures the percentage of inward line service orders that are free of repair trouble reports NOTE 2 within 30 calendar days of installation completion, subject to exclusions below. . Repair trouble reports are defined as CLEC/customer notifications to 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 line service orders that are free of provisioning trouble reports during the provisioning process and within 30 calendar days of installation completion, subject to exclusions shown below. . Provisioning trouble reports are defined as CLEC notifications to Owest of out of service or other service affecting conditions that are attributable 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-5T: New Service Installation Quality Total . Measures the percentage of inward line service orders that are free of repair or provisioning trouble reports during the provisioning process and within 30 calendar days of installation completion, subject to exclusion shown below. OP-5R: New Service Quality Multiple Report Rate . Evaluates the quality of Owests responses to repair and provisioning trouble reports for inward line service orders completed in the reporting period. This measurement reports, for those service orders that were not free of repair or provisioning trouble reports in OP-5A or OP-58, the percentage of trouble reports affecting the same service orders that were followed by additional repair and provisioning trouble reports, as specified below. . Measures the oercentaae of all reoair and orovisionina trouble reoorts considered in OP-5A and Owest Idaho SGAT Third Revision, Ninth Amended Exhibit 8 December 17, 2010 Page 39 OocSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . op- 5 - New Service Quality (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 official Qwest company services. Records missing data essential to the calculation of the measurement as defined herein. Product Reporting Categories: Standards:. As specified below - one OP.5A: percentage result reported for Op.5B: each bulleted category under Op.5T: the sub-measurements shown. Op.5R: Parity with retail service 96.5% Diagnostic Diagnostic for six months following first reporting. Possible standard (TBD) (Where parity comparisons involve multiple service varieties in a product category, weighting based on the retail analogue volumes may be used if necessary to create a comparison that is not affected by different proportions of wholesale and retail analogue volumes in the same reoortina cateaorv.) Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 41 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . 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 0 (aaareaateY Unbundled Dedicated Interoffice TransDort (UDIT) UDIT (DS1 Level)Parity with Retail Private Diagnostic Lines (DS1) UDIT (Above DS1 Level)Parity with Retail Private Diagnostic Lines (Above OS 1 level) Dark Fiber - IOF 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 reports of trouble related to the same newly-installed line/circuit that are received after the preceding repair report is closed and within 30 days following installation completion) to complete the determination of whether the newly-installed line/circuit was trouble free within 30 days of installation. 3.Qwests repair management and tracking systems consist of WFA (Work Force Administration), MTAS (Maintenance Tracking and Administration System), and successor repair systems, if any, as applicable to obtain the repair report data for this measurement. Not included are Call Center Database systems supporting call centers in logging calls from customers regarding problems or other inquiries (see OP-5B and OP-5T). 4.The "following month" includes also the period of a few business days (typically four or five) afterward, up to the time when Qwest pulls the repair data to begin processing results for this measurement. 5.Includes repair and provisioning trouble reports generated by new processes that supersede or supplement existing processes for submitting repair and provisioning trouble reports as specified in Qwests documented or agreed upon procedures. 6.For purposes of calculating OP-5B, a call center ticket for multiple orders with provisioning trouble reports wil result in all orders reporting trouble counting as a miss in OP-5B. If a repair trouble report(s) is received for the same orders, the number of orders counted as a miss in OP-5B for Network reasons wil be reduced by the number of orders with repair troubles counted as a miss in OP-5A. 7.OP-5R wil be counted on a per ticket basis. 8.Reporting wil begin at the time CLECs order the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 43 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . op- 6 - Delayed Days (continued) Exclusions:.Orders affected only by delays that are solely for customer and/or CLEC reasons..Disconnect, From (another form of disconnect) and Record order types..Records involving offcial company services..Records with invalid due dates or application dates..Records with invalid completion dates..Records with invalid product codes..Records missina data essential to the calculation of the measurement oer the PID. Product Reporting:Standards: MSA-Tvoe Disaaareaation-.Resale Residential sinale line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service DSO (non-desianed provisionina)Parity with retail service PBX Trunks (non-desianed provision ina) Parity with retail service Primary ISDN (non-designed provisionina)Parity with retail service Basic ISDN (non-desianed provisionina)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 Splitting Parity with retail Res and Bus POTS.Loop Splitting NOTE 3 Diagnostic .Line Sharina Parity with retail Res and Bus POTS.Sub-Loop Unbundlina Diagnostic Zone-tyoe Disaaareaation -.Resale Primary ISDN (desiQned provisioninQ)Parity with retail service Basic ISDN (desianed provisionina)Parity with retail service DSO (desianed provisionina)Paritv with retail service DS1 Parity with retail service PBX Trunks (desianed provision ina) Parity with retail service DS3 and higher bit-rate services Parity with retail service (aaareaate) Frame Relay Paritv with retail service.LIS Trunks Parity with Feature Group D (aggregate) .Unbundled Dedicated Interoffice Transoort (UDln UDIT - DS1 level Parity with retail DS 1 Private Line- Service UDIT -Above DS11evei Parity with retail Private Line- Services above DS 1 level Dark Fiber - IOF Diaanostic.Unbundled Loops: Analoa Loop Parity with retail Res and Bus POTS with dispatch Non-loaded Loop (2-wire)Parity with retail ISDN BRI (desianed) 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 Parity with retail ISDN BRI desianed ISDN-capable Loop Paritv with retail ISDN BRI desianed ADSL-aualified Loop Parity with retail ISDN BRI desianed Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate Private (aaareaate)Line services (aaareaate) Dark Fiber - Loop Diaanostic Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 45 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . OP-7 - Coordinated "Hot Cut" Interval - Unbundled Loop Purpose: Evaluates the duration of completing coordinated "hot cuts" of unbundled loops, focusing on the time actuallv involved in disconnectina the loop from the Qwest 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 Qwests applicable tests for the loop..Includes all coordinated hot cuts of unbundled loops that are completed/closed during the reporting period, subject to exclusions specified below.."Hot cut" refers to moving the service of existing customers from Qwests switch/frames to the CLEC's equipment, via unbundled loops, that wil serve the customers.."Lift" time is defined as when Qwest disconnects the existing loop.."Completion time" is defined as when Qwest completes the applicable tests after connecting the loop to the CLEC. Reporting Period: One month I Unit of Measure: Hours and Minutes Reporting Comparisons: CLEC Disaggregation Reporting: Statewide leveL. aggregate and individual CLEC results Formula: ¿(Completion time - Lift time) + (Total Number of unbundled loops with coordinated cutovers completed in the reporting period) Exclusions:.Time intervals associated with CLEC-caused delays..Records missing data essential to the calculation of the measurement per the PID..Invalid startstoD dates/times or invalid scheduled date/times. Product Reporting: Coordinated Unbundled Standard: Loops - Reported separately for:CO: 1 hour .... Analog Loops All Other States: Diagnostic in light of OP-13.All other Loop Types (Coordinated Cuts On Time) Availabilty:Notes: Available Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 47 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . OP..13 - Coordinated Cuts On Time - Unbundled Loop Purpose: Evaluates the percentage of coordinated cuts of unbundled loops that are completed on time, focusing on cuts completed within one hour of the committed order due time and the percent that were started without CLEC approvaL' Description: . Includes all LSRs for coordinated cuts of unbundled loops that are completed/closed during the reporting period, subject to exclusions specified below. . OP-13A - Measures the percentage of LSRs (CLEC orders) for all coordinated cuts of unbundled loops that are started and completed on time. For coordinated loop cuts to be counted as "on time" in this measurement, the CLEC must agree to the start time, and Qwest must (1) receive verbal CLEC approval before starting the cut or lifting the loop, (2) complete the physical work and appropriate tests, (3) complete the Qwest portion of any associated LNP orders and (4) call the CLEC with completion information, all within one hour of the time interval defined by the committed order due time. . OP-13B - Measures the percentage of all LSRs for coordinated cuts of unbundled loops that are actually started without CLEC approval. . "Scheduled start time" is defined as the confirmed appointment time (as stated on the FOC), or a newly negotiated appointment time. . The "committed order due time" is based on the number and type of loops involved in the cut and is calculated by adding the applicable time interval from the following list to the scheduled start time: - Analog unbundled loops:1 to 16 lines: 1 Hour17 to 24 lines: 2 Hours 25+ lines: Project* - All other unbundled loops:1 to 5 lines: 1 Hour 6 to 8 lines: 2 Hours 9 to 11 lines: 3 Hours12 to 24 lines: 4 Hours 25+ lines: Project* *For Projects scheduled due dates and scheduled start times will be negotiated between CLEC and Qwest, but no committed order due time is established. Therefore, projects are not included in OP-13A (see exclusion below). . "Stop" time is defined as when Qwest notifies the CLEC that the Qwest physical work and the appropriate tests have been successfully accomplished, including the Qwest portion of any coordinated LNP orders. . Time intervals following the scheduled start time or during the cutover process associated with customer-caused delays are subtracted from the actual cutover duration. . Where Qwests records of completed coordinated cut transactions are missing evidence of CLEC approval of the cutover, the cut wil be counted as a miss under both OP-13A and OP-13B. Reporting Period: One month I Unit of Measure: Percent Reporting Comparisons: CLEC Disaggregation Reporting: Statewide leveL. aggregate and individual CLEC Results for this measurement wil be reported according to: results OP-13A Cuts Completed On Time OP-13B Cuts Started Without CLEC Approval Qwestldaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 49 OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 . . . OP-15 - Interval for Pending Orders Delayed Past Due Date Purpose: Evaluates the extent to which Qwests pending orders are late, focusing on the average number of days the pendinQ orders are delaved past the Aoolicable Due Date, as of the end of the reoortinQ period. Description: OP-15A - Measures the average number of business days that pending orders are delayed beyond the Applicable Due Date for reasons attributed to Qwest. · Includes all pending inward orders (Change, New, and Transfer order types) for which the Applicable Due Date recorded by Qwest has been missed, subject to exclusions specified below. Change order types included in this measurement consist of all "C" orders representing inward 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 · Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest Qwest- initiated due date, if any, following the Applicable Due Date, from the subsequent customer-initiated due date, if any. NOTE 1 OP-15B - Reports the number of pending orders measured in the numerator of OP-15A that were delayed for Qwest facilty reasons. Reporting Period: One month Unit of Measure: OP-15A - Average Susiness Days NOTE 2 OP-15B - Number of orders oendina facilties Disaggregation Reporting: Statewide Reporting Comparisons: CLEC aggregate, individual CLEC, Qwest retail Formula: OP-15A = ¿((Last Day of Reporting Period) - (Applicable Due Date of Late Pending Order) - (Time intervals associated with customer-initiated due date changes or delays occurring after the Applicable Due Date)) + (Total Number of Pending Orders Delayed for Qwest reasons as of the last day of Reporting Period) OP-15B = Count of pending orders measured in numerator of OP-15A that were delayed for Qwest facility reasons Exclusions: -Disconnect, From (another form of disconnect) and Record order types. .. Records involving official company services. ... Records with invalid due dates or application dates. -. Records with invalid product codes. ... Records missinQ data essential to the calculation of the measurement oer the PID. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 51 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . 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 Owest and customer-initiated due dates are summed and then subtracted as indicated in the formula.) The result of this approach is that Qwest-initiated impacts on intervals are counted in the reported interval, and customer-initiated impacts on intervals are not counted in the reported interval. 2. For OP-15A, Saturday is counted as a business day for all non-dispatched orders for Resale Residence, Resale Business, 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 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . OP-17 - Timeliness of Disconnects associated with LNP Orders (continued) Exclusions: OP-17Aonly . Trouble reports notifying Owest 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 notifyng Owest 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 Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 55 OocuSign Envelope 10: 172854D480BD-45B2-B02B-B08C84034A82 . . . 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 (i.e., unable to place or receive calls), subject to exclusions specified below. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month I Unit of Measure: Percent Reporting Disaggregation Reporting: Statewide leveL. Comparisons: . Results for product/services listed in Product Reporting under "MSA-Type CLEC aggregate, Disaggregation" 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 Reports closed in the reporting period)) x 100 Exclusions: . Trouble reports coded as follows: For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier, Alternate Provider). For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (IEC) and Customer Provided Equipment (CPE). . Subsequent trouble reports of any trouble before the original trouble report is closed. . Information tickets generated for internal Qwest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time for products/services listed in Product Reporting under "Zone-type Disaggregation". . For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports involving a "no access" delay. . Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. . Records involving 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 57 OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 . . . MR-4 - All Troubles Cleared within 48 hours Purpose: Evaluates timeliness of repair for specified services, focusing on trouble reports of all types (both out of service and service affecting) and on the number of such trouble reports cleared within the standard estimate for soecified services (Le., 48 hours for service-affectina conditions). Description: Measures the percentage of trouble reports, for specified services, that are cleared within 48 hours of receipt of trouble reports from CLECs or from retail customers. . Includes all trouble reports, closed during the reporting period, which involve a specified service, subject to exclusions specified below. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month I Unit of Measure: Percent Reporting Disaggregation Reporting: Statewide leveL. Comparisons: . Results for product/services listed in Product Reporting under "MSA-Type CLEC aggregate, Disaggregation" wil be disaggregated and reported according to trouble individual CLEC reports involving: and Qwest Retail MR-4A Dispatches within MSAs; results MR-4B Dispatches outside MSAs; and MR-4C No dispatches. . Results for products/services listed in Product Reporting under "Zone-type Disaggregation" wil be disaggregated according to trouble reports involving: MR-4D In Interval Zone 1 areas; and MR-4E In Interval Zone 2 areas Formula: ((Total Trouble Reports closed in the reporting period that are cleared within 48 hours) + (Total Trouble Reports closed in the reporting period)) x 100 Exclusions: . Trouble reports coded as follows: For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-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-type Disaggregation". . For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports involving a "no access" delay. . Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. . Records involving official company services. . Records with invalid trouble receipt dates. . Records with invalid cleared or closed dates. . Records with invalid product codes. . Records missina data essential to the calculation of the measurement oer the PID. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 59 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . MR-5 - All Troubles Cleared within 4 hours Purpose: Evaluates timeliness of repair for specified services, focusing on all trouble reports of all types (including out of service and service affecting troubles) and on the number of such trouble reports cleared within the standard estimate for specified services (i.e., 4 hours), Description: Measures the percentage of trouble reports for specified services that are cleared within 4 hours of receipt of trouble reports from CLECs or from retail customers. . Includes all trouble reports, closed during the reporting period, which involve a specified service, subject to exclusions specified below. . Time measured is from date and time that awest 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: CLEC aggregate, individual CLEC and awest Retail results Disaggregation Reporting: Statewide leveL. Results for listed products wil be disaggregated according to trouble reports: MR-5A MR-5B In Interval Zone 1 areas; and In Interval Zone 2 areas. Formula: ((Number of Trouble Reports closed in the reporting period that are cleared within 4 hours) + (Total Trouble Reports closed in the reporting period)) x 100 Exclusions: . Trouble reports coded as follows: For products measured using WFA (Workorce Administration) 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 awest 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 missing data essential to the calculation of the measurement oer the PID. awest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 61 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . MR-6 - Mean Time to Restore Purpose: Evaluates timeliness of repair, focusing how 10nQ it takes to restore services to orooer ooeration. Description: Measures the time actually taken to clear trouble reports. . Includes all trouble reports closed during the reporting period, subject to exclusions specified below. . Includes customer direct reports, customer-relayed reports, and test assist reports that result in a trouble report. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month I Unit of Measure: Hours and Minutes Reporting Disaggregation Reporting: Statewide leveL. Comparisons: . Results for product/services listed in Product Reporting under "MSA- Type CLEC aggregate, Disaggregation" 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 onginal trouble report is closed. . Trouble reports from MTAS or WFA that are coded as No Trouble Found or Test Okay and with durations of less than or equal to 1 hour. . Information tickets generated for internal Qwest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time for products/services listed in Product Reporting under "Zone-type Disaggregation". . For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports involving a "no access" delay. . Trouble reports on the day of installation before the installation work is reported by the 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 oer the PID. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 63 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . MR-7 - Repair Repeat Report Rate Purpose: Evaluates the accuracy of repair actions, focusing on the number of repeated trouble reports received for the same line/circuit within a specified period (30 calendar davs), Description: Measures the percentage of trouble reports that are repeated within 30 days on end user lines and circuits. . Includes all trouble reports closed during the reporting period that have a repeated trouble report received within thirty (30) days of the initial trouble report for the same service (regardless of whether the report is about the same type of trouble for that service), subject to exclusions specified below. . In determining same service 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 (i.e., results first appear in reports one month later than results for measurements that are not reported in arrears), in order to cover the 30-day period followina the initial trouble reDort. Reporting Disaggregation Reporting: Statewide leveL. Comparisons: . Results for product/services listed in Product Reporting under "MSA-Type CLEC Disaggregation" wil be reported according to trouble reports involving: aggregate, MR-7A Dispatches within MSAs; individual MR-7B Dispatches outside MSAs; andCLEC and MR-7C No dispatches. Owest Retail . Results for products/services listed in Product Reporting under "Zone-type results Disaggregation" wil be disaggregated according to trouble reports involving: MR-7D In Interval Zone 1 areas; and MR-7E In Interval Zone 2 areas. Formula: ((Total trouble reports closed within the reporting period that had a repeated trouble report received within 30 calendar days of when the initial trouble report closed) + (Total number of Trouble Reports Closed in the reporting period)) x 100 Exclusions: . Trouble reports coded as follows: For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; and Miscellaneous - Non-Dispatch, non-Owest (includes CPE, Customer Instruction, Carrier, Alternate Provider). - For products measured from WFA (Workforce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for Carrier Action (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 reports on the day of installation before the installation work is reported by the technician/installer as complete. . Records involvina official company services. Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 65 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . MR-7 - Repair Repeat Report Rate (Continued) .Enhanced Extended Loops (EELs) - (DSO Diagnostic level).Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Availabilty:Notes: Targeted availability with July 2004 1.Reporting wil begin at the time CLECs order results reported in September 2004 the product, in any quantity, for three consecutive months. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 67 OocuSign Envelope 10: 172854D4-80BD-45B2-B02B-B08C84034A82 . . . MR-8 - Trouble Rate (continued) Product Reporting:Standards: .Resale Residential single line service Parity with retail service Business single line service Parity with retail service Centrex Parity with retail service Centrex 21 Parity with retail service PBX Trunks Paritv with retail service Basic ISDN Parity with retail service Primarv 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 (aggregatef Frame Relay Parity 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 Solittina Parity with retail RES and BUS POTS .Loop Splitting NOTE 1 Diagnostic .Line Sharing Parity with retail RES and BUS POTS .Sub-Loop Unbundling CO: Parity with retail ISDN-BRI All Other States: Diagnostic.LIS Trunks Parity with Feature Group 0 (aggregate).Unbundled Dedicated Interoffce Transoort (UDIT) UDIT - DS11evei Paritv with retail DS1 Private Line Service UDIT -Above DS11evei Parity with retail Private Lines above OS 1 level Dark Fiber - IOF Diaanostic.Unbundled Looos: Analoa Looo Parity with retail Res and Bus POTS Non-loaded Looo (2-wire)Parity with retail ISDN BRI (desianedr Non-loaded Looo (4-wire)Paritv with retail DS1 Private Line OS 1-caoable Looo .Parity with retail DS1 Private Line xDSL-1 caoable Looo Paritv with retail DS1 Private Line ISDN-caoable Looo Parity with retail ISDN BRI (desianed) ADSL-aualified Loop Parity with retail ISDN BRI (desianed) Loop types of DS3 and higher bit-rates Parity with retail DS3 and higher bit-rate services (aggregate)(aaareaate) Dark Fiber - Loop Diagnostic .E911/911 Trunks Parity with retail E911/911 Trunks .Enhanced Extended Loops (EELs) - (DSO Diagnostic level).Enhanced Extended Loops (EELs) - (DS1 Parity with retail DS1 Private Line level).Enhanced Extended Loops (EELs) - (DS3 Diagnostic level) Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 69 DocuSign Envelope 10: 172854D4-80BD-45B2-B02B-B08C84034A82 . . . MR-9 - Repair Appointments Met Purpose: Evaluates the extent to which Qwest repairs services for Customers bv the appointment date and time. Description: Measures the percentage of trouble reports for which the appointment date and time is met. . Includes all trouble reports closed dunng the reporting period, subject to exclusions specified below. . Time measured is from date and time that Qwest is first notified of the trouble by CLEC to date and time trouble is cleared. Reporting Period: One month I Unit of Measure: Percent Reporting Disaggregation Reporting: Statewide level. Comparisons: CLEC Results for listed services wil be disaggregated and reported aggregate, individual according to trouble reports involving: CLEC and Qwest Retail MR-9A Dispatches within MSAs; results MR-9B Dispatches outside MSAs; and MR-9C No dispatches. Formula: ((Total Trouble Reports Cleared by appointment date and time) + (Total Trouble Reports Closed in theReporting 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 onginal 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 per 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: 17285404-80BD-45B2-B02B-B08C84034A82 . . . MR-10 Customer and Non-Qwest Related Trouble Reports (continued) Product Reporting:Standards:.Resale Residential single line service Diagnostic Business sinqle line service Diaqnostic Centrex Diaqnostic Centrex 21 Diagnostic PBX Trunks Diaqnostic Basic ISDN Diagnostic.Unbundled Network Element - Platform Diagnostic (UNE-P) (Centrex 21 ) .... Unbundled Network Element - Platform Diagnostic (UNE-P) (Centrex).Resale Primary ISDN Diaqnostic DSO Diagnostic DS1 Diaqnostic DS3 and higher bit-rate services Diagnostic (aggregate) Frame Relav Diagnostic.LIS Trunks Diagnostic .Unbundled Dedicated Interoffce Transport (UDln UDIT - DS11evei Diaqnostic UDIT - Above DS1 level Diagnostic.Unbundled Loops: Analog Loop Diagnostic Non-loaded Loop (2-wire)Diaanostic Non-loaded Loop (4-wire)Diagnostic OS 1-capable Loop Diaqnostic xDSL-1 capable Loop Diagnostic ISDN-capable Loop Diaqnostic ADSL-Qualified Loop Diaanostic Loop types of DS3 and higher bit-rates Diagnostic (aqqreqate).E911/911 Trunks Diagnostic Availabilty:Notes: Available Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 73 OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 . . . MR-11 - LNP Trouble Reports Cleared within Specified Timeframes (Continued) Exclusions: . Trouble reports attributed to customer or non-Qwest reasons . Trouble reports not related to valid requests (LSRs) for LNP and associated disconnects. . Subsequent trouble reports of LNP trouble before the original trouble report is closed. . For MR-11 B only: Trouble reports involving a "no access" delay. . Information tickets generated for internal Qwest system/network monitoring purposes. . Records involving offcial company services. . Records with invalid trouble receipt dates. . Records with invalid cleared or closed dates. . Records with invalid product codes. . Records missina data essential to the calculation of the measurement per the PID. Product Reporting: LNP Standards: MR-11A: . If OP-17 result meets its standard, the MR-11A standard is Diagnostic. . If OP-17 result does not meet its standard, the MR-11A standard is as follows: For 0-20 trouble reports*: No more than 1 ticket cleared in ;: four business hours For;: 20 trouble reports*: The lesser of 95% or Parity with MR-3C results for Retail Residence and Business MR-11B: . For 0-20 trouble reports**: No more than 1 ticket cleared;: 48 hours . For;: 20 trouble reports**: The lesser of 95% or Parity with MR-4C results for Retail Residence and Business * Based on MR-11A denominator. **Based on MR-11 B denominator. Availabilty: Available Notes: Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 75 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . BI-2 - Invoices Delivered within 10 Days Purpose: Evaluates the timeliness with which Qwest delivers industry standard electronically transmitted bils to CLECs, focusing on the percent delivered within ten calendar days. Description: Measures the percentage of invoices that are delivered within ten days, based on the number of days between the bil date and bil delivery..Includes all industry standard electronically transmitted invoices for local exchange services and toll, subject to exclusions specified below. Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: Combined Qwest Disaggregation Reporting: State level Retail/CLEC results (Parity by design) Formula: ((Count of Invoices for which 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 Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 77 OocuSign Envelope 10: 172854D4-80BO-45B2-B02B-B08C84034A82 . . . BI-4 - Biling Completeness Purpose:.UNEs and Resale - Evaluates the completeness with which Qwest reflects non-recurring and recurring charges associated with completed service orders on the bils..Reciprocal Compensation Minutes of Use (MOU) - Evaluates the completeness with which Qwest reflects the revenue for Local Minutes of Use associated with CLEC local traffc over Qwests network on the bils. Description: BI-4A - UNEs and Resale: Measures the percentage of non-recurring and recurring charges associated with completed service orders appear on the correct bill.* BI-4B - Reciprocal Compensation (MOU): Measures the percentage of revenue associated with local minutes of use appearing on the correct (current) bil.* * Correct bil = next available bil Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate,Disaggregation Reporting: Statewide leveL. individual CLECs, and Qwest Retail results Formula: BI-4A - UNEs and Resale = (L(Count of service orders with non-recurring and recurring charges associated with completed service orders on the bils that are biled on the correct bil + total count of service orders with non-recurring and recurring charges associated with completed service orders biled on the bil)) x 100 BI-4B - Reciprocal Compensation MOU = (L(Revenue for Local Minutes of Use biled on the correct* bil +Total revenue for Local Minutes of Use collected during the month)) x 100 Exclusions: None Product Reporting:Standards:.UNEs and Resale BI-4A - UNEs and Resale: Parity with Qwest .... Reciprocal Compensation (MOU)Retail bils. BI-4B - Reciprocal Compensation lMOU): 95% Availabilty:Notes: Available Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 79 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . DB-1 - Time to Update Databases (continued) Product Reporting:Standards: Not applicable (Reported by database type)DB-1 A-E911: Parity by design DB-1B-L1DB: Parity by design DB-1C-1 - Listings: Parity by design Availabilty:Notes: Available 1.Because they cannot be separated, results for Qwest Retail, Reseller CLEC, Facilties-based CLECs, ILEC and Unknown Provider updates are reported combined within these disaggregations. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 81 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . Directory Assistance DA-1 - Speed of Answer - Directory Assistance Purpose: Evaluates timeliness of customer access to Qwests Directory Assistance operators, focusing on how long it takes for calls to be answered. Description: Measures the average time following first ring until a call is first picked up by the Qwest agent/system to answer Directory Assistance calls..Includes all calls to Qwest directory assistance during the reporting period..Because a system (electronic voice) prompts for city, state, and listing requested before the actual operator comes on the line, the first ring is defined as when the voice response unit places the call into queue..Measurements are taken by sampling calls from the network queue at 10-second intervals. A count of calls in the queue is taken for every sampling event (10-second snapshot), and this count is multiplied by 10 to get a measurement of waiting intervals..Using this method, calls that enter the queue after a sample is taken but exit before the next sample is taken are not counted, i.e., are effectively counted as a zero intervaL. However, this situation is offset by calls that enter just prior to a sampling time, but exit before the next sampling time, and which are counted as 10 seconds. The call intervals shorter than 10 seconds that are counted as 10 seconds are offset by those calls shorter than 10 seconds that are not counted. Reporting Period: One month Unit of Measure: Seconds Reporting Comparisons: Results for Qwest and Disaggregation Reporting: all CLECs are combined.Sub-region applicable to state Formula: L((Date and Time of Call Answer) - (Date and Time of FirstRing)) + (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 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . Network Penormance NI-1 - Trunk Blocking Purpose: Evaluates factors affecting completion of calls from Qwest end offices to CLEC end offices, compared with the completion of calls from Qwest end offces to other Qwest end offices, focusing on average busy-hour blockino percentaoes 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 groups that are in service durino the reportino 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: Qwest Interoffce trunk NI-1A Interconnection (LIS) trunks to Qwest tandem offces, with TGSR- blocking results. related exclusions applied as specified below; NI-1B LIS trunks to Qwest end offces, with TGSR-related exclusions applied as specified below; NI-1C LIS trunks to Qwest tandem offces, without TGSR-related exclusions; NI-1 D LIS trunks to other Qwest end offces, without TGSR-related exclusions. Formula: H!:(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 \ b) Trouble Reports; or c) Notification of traffc re-routing (as described in Note 1 below). For NI-1A. NI-1 B. NI-1C. and NI-1D: . Trunk groups, blocking in excess of one percent in the reporting period, for which Qwest can identify, in time to incorporate in the regular reporting of this measurement, the cause as being attributable to: Trunk group out-of-service conditions arising from cable cuts, severe weather, or force majeure circumstances; The CLEC placing trunks in a "busy" condition; Lack of interconnection facilties 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 facilities, and (b) each month thereafter up to the month following facility availability OR u~ to five months after the month the LIS requests could not be fulfiled, whichever is sooner NOT 4); or Isolated incidences of blocking, about which Qwest provides notification to the CLEC, that (a) are not recurring or persistent (affecting the same trunk groups), (b) do not warrant corrective action by CLEC or Qwest, and (c) thus, do not reauire an actionable TGSR. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 85 OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . . . NP-1 - NXX Code Activation Purpose: Evaluates the timeliness of Qwests NXX code activation prior to the LERG effective date or by the "revised" effective date, as set forth herein. Description: NP-1A: Measures the percentage of NXX codes activated in the reporting period that are actually loaded and tested prior to the LERG effective date or the "revised" date, subject to exclusions shown below. NP-1 B: Measures the percentage of NXX codes activated in the reporting period that are delayed beyond the LERG date or "revised" date due to Qwest-caused Interconnection facility delays, subject to exclusions shown below. Included among activations counted as a Qwest delay in this sub-measurement are cases in which "2-6 codes"NOTE 1 associated with the Qwest interconnection 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 provided.Reporting Period: One month Unit of Measure: Percent Reporting Comparisons: CLEC aggregate, Disaggregation Reporting: Statewide. individual CLEC and Qwest Retail results. Formula: NP-1A = ((Number of NXX codes loaded and tested in the reporting period prior to the LERG effective date or the "revised" date) + (Number of NXX codes loaded and tested in the reporting period)) x 100 NP-1 B = ((Number of NXX codes loaded and tested in the reporting period that were delayed past the LERG effective date or "revised" date affected by Qwest Interconnection Facility Delays) (Number of NXX codes loaded and tested in the reporting period, including NXX codes loaded and tested in the reporting period that were delayed past the LERG effective date or the "revised" date due to Interconnection 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. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 87 OocuSign Envelope 10: 17285404-80BD-4582-B02B-B08C84034A82 .Collocation . CP-1 - Collocation Completion Interval Purpose: Evaluates the timeliness of Qwests installation of collocation arrangements for CLECs, focusing on the averaçie time to complete such arranQements. Description: Measures the interval between the Collocation Application Date and Qwests completion of the collocation installation. . Includes all collocations of types specified herein that are assigned a Ready for Service (RFS) date by Qwest and completed during the reporting period, subject to exclusions specified below. . Collocation types included are: physical cagelessiiPhysical caged, shared physical caged, physical- line sharing, cageless-line sharing, 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 forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. .. Virtual Collocation Applications with Timely Quote Acceptance and Late Equipment Ready - for virtual collocation applications where the CLEC (1) accepts the quote in seven or fewer calendar days after the quote date and (2) provides the equipment to be collocated to Qwest more than 53 calendar days after the Collocation Application Date, the RFS date shall be: Forecasted Collocations: 45 calendar days after the equipment is provided to Qwest, for collocations for which the CLEC provides a complete forecast to Qwest 60 or more calendar.Qwest IdahoSGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 89 OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 . . . CP-1 - Collocation Completion Interval (continued) Exclusions: . CP-1A: CLEC collocation applications with RFS dates yielding scheduled intervals longer than 90 calendar days from Collocation Application Date to RFS date. . CP-1 B: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 91 calendar days or longer than 120 calendar days from Collocation Application Date to RFS date. . CP-1C: CLEC collocation applications with RFS dates yielding scheduled intervals shorter than 121 calendar days or longer than 150 calendar days from Collocation Application Date to RFS date. . Cancelled or expired applications. Product Reporting: None standards: CP-1A: 90 calendar days CP-1 B: 120 calendar days CP-1C: 150 calendar davs Availabilty: Available Notes: 1. Collocations covered by this measurement are central office 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 oer month in any state). Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 91 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . 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, -2B, or -2C according to the criteria specified below for these measurements. . Where there is a CLEC-caused delay, the RFS Date is rescheduled. . Where CLECs do not accept the quote within thirty calendar days of the quote date, the application is considered expired. CP-2A Forecasted Collocations: Measures collocation installations for which CLEC provides a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. CP-2B Non-Forecasted and Late Forecasted Collocations: Measures collocation installations for which CLEC does not provide a forecast to Qwest 60 or more calendar days in advance of the Collocation Application Date. CP-2C All Collocations requiring Major Infrastructure Modifications and Collocations with intervals longer than 120 days: Measures all collocation installations requiring Major Infrastructure Modifications and collocations for which the RFS date is more than 120 calendar days after the Collocation Application Date. Reporting Period: One month I Unit of Measure: Percent Disaggregation Reporting: Statewide leveL.Reporting Comparisons: CLEC aggregate and individual CLEC results Formula: (for CP-2A, CP-2B and CP-2C) ((Count of Collocations for which the RFS is met) + (Total Number of Collocations Completed in the Reporting Period)) x 100 Exclusions: .... RFS dates missed for reasons beyond Qwests control. .... Cancelled or expired requests. Product Reporting: None Standards: CP-2A & -2B: 90% CP-2C: 90% Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 93 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . CP-3 - Collocation Feasibilty Study Interval Purpose: Evaluates the timeliness of the Qwest sub-process function of providing a collocation feasibilty study to the CLEC. Description: Measures average interval to respond to collocation studies for feasibility of installation..Includes feasibility studies, for collocations of types specified herein that are completed in the reporting period, subject to exclusions specified below. Collocation types included are: physical cageless, lhysical caged, shared physical caged, physical-line sharing, cageless-Iine sharing, and virtuaL. NOT 1.Interval begins with the Collocation Application Date and ends with the date Qwest completes the Feasibility Study and provides it to the CLEC..The Collocation Application Date is the date Qwest receives from the CLEC a complete application for collocation. In cases where the CLEC's application for collocation is received by Qwest on a weekend or holiday, the Collocation Application Date is the next business day followinQ the weekend or holiday. Reporting Period: One month Unit of Measure: Calendar Days Reporting Comparisons: CLEC aggregate and Disaggregation Reporting: Statewide leveL. individual CLEC results Formula: ~((Date Feasibilty Study provided to CLEC) - (Date Qwest receives CLEC request for Feasibility Study)) + (Total Feasibility Studies Completed in the Reporting Period) Exclusions:.CLEC-caused delays of, or CLEC requests for feasibility study completions resulting in greater than ten calendar days from Collocation Application Date to scheduled feasibility study completion date. Product Reporting:None Standard:10 calendar days or less Availabilty:Notes: Available 1.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 (i.e., six months of experience from first installations), and ordered in volumes warranting reporting (i.e., consistently more than two per month in any state), Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 95 OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 . . . DEFINITION OF TERMS Application Date (and Time) - The date (and time) on which Owest receives from the CLEC a complete and accurate local service request (LSR) or access service request (ASR) or retail order, subject to the following: . For the following types of requests/orders, the application date (and time) is the start of the next business day: (1) LSRs and ASRs received after 3:00PM MT for Designed Services and Local Number 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 responsibility for the address. The Management System (E911) database is used to update the Automatic E911 Location Information databases. Bil Date - The date shown at the top of the bil, representing the date on which Owest begins to close the bil. Blocking - Condition on a telecommunications network where, due to a maintenance problem or an traffic volumes exceeding trunking capacity in a part of the network, some or all originating or terminating calls cannot reach their final destinations. Depending on the condition and the part of the network affected, the network may make subsequent attempts to complete the call or the call may be completely blocked. If the call is completely blocked, the calling part wil have to re-initiate the call attempt. Business Day - Workdays that Owest is normally open for business. Business Day = Monday through Friday, excluding weekends and Owest published Holidays including New 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 carrier, often including the traffc of both the ILEC and several CLECs. Owest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 97 OocuSign Envelope 10: 172854D4-80BD-45B2-B02B-B08C84034A82 . . . 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 telephone number when moving their service between local service providers. This technology does not employ remote call forwarding, but actually allows the customer's telephone number to be moved and redefined in the network of the new service provider. The activity to move the telephone number is called "porting." Local Service Request (LSR) - Transaction sent from the CLEC to the ILEC to order services or to request a change(s) be made to existing services. MSAlNon-MSA - Metropolitan Statistical Area is a govemment defined geographic area with a population of 50,000 or greater. Non-Metropolitan Statistical Area is a govemment 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 "D", "E", and "F" digits of a 10-digit telephone number within the NANP. Each NXX Code contains 10,000 station numbers. Plain Old Telephone Service (POTS) - Refers to basic 2-wire, non-complex analog residential and business services. Can include feature capabilties (e.g., CLASS features). Projects - Service requests that exceed the line size and/or level of complexity which would allow for the use of standard ordering and provisioning processes. Generally, due dates for projects are negotiated, coordination of service installations/changes is required and automated provisioning may not be practicaL. Query Types - Pre-ordering information that is available to a CLEC that is categorized according to standards issued by OBF and/or the FCC. Ready For Service (RFS) - The status achieved in the installation of a collocation arrangement when all "operational" work has been completed. Operational work consists of the following as applicable to the particular type of collocation: .. Cage enclosure complete; . DC power is active (including fuses available, BDFB (Battery Distribution Fuse Board) in place, and cables between the CLEC and power terminated); . Primary AC outlet in place; . Cable racking and circuit terminations are complete (e.g. fiber jumpers placed between the Outside Plant Fiber Distribution Panel and the Central Offce Fiber Distribution Panel serving the CLEC). and . The following items complete, subject to the CLEC having made required payments to Qwest (e.g., final payment): (If the required CLEC payments have not been made, the following items are not required for RFS): Key tumover made available to CLEC. APOT/CFA complete, as defined/required in the CLEC's interconnection agreement and Basic telephone service and other services and facilties complete, if ordered by CLEC in time to be provided on the scheduled RFS date (per 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 ID 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: 17285404-80B0-45B2-B02B-B08C84034A82 . . . GLOSSARY OF ACRONYMS ACRONYM DESCRIPTION ACD Automatic Call Distributor ADSL Asvmmetric Diaital Subscriber Line ALI Automatic Line Information (for 911/E911 systems) ASR Service Reauest (processed via Exact svstenl) BRI Basic Rate Interface (tvoe of ISDN service) CABS Carrier Access Bilina System CKT Circuit CLEC Comoetitive Local Exchanae Carrier CO Central Office CPE Customer Premises Eauipment CRIS Customer Record Information System CSR Customer Service Record DA Directorv Assistance DB Decibel DB Database DSO Diaital Service 0 DS1 Diaital Service 1 DS3 Diaital Service 3 E911 MS E911 Manaaement Svstem. EAS Extended Area Service EB-TA Electronic Bonding - Trouble Administration EELS Enhanced Extended Looos ES Emeraencv Services (for 911/E911) FOC Firm Order Confirmation GUI Graphical User Interface HDSL High-Bit-Rate Digital Subscriber Line HICAP High Capacity Diaital Service IEC Interexchanae Carrier ILEC Incumbent Local Exchange Carrier INP Interim Number Portabilitv 10F Interoffice Facilities (refers to trunk facilties located between Qwest central offces) ISDN Intearated Services Diaital Network IMA Interconnect Mediated Access LATA Local Access Transport Area LERG Local Exchanae Routing Guide L1DB Line Identification Database LIS Local Interconnection Service Trunks LNP Lona Term Number Portabiltv LSR Local Service Reauest N, T,C Service Order Types - - N (new), T (to or transfer), C (chanae) NANP North American Numberina Plan NOM Network Data Mover NPAC Number Portabiltv Administration Center NXX Teleohone number orefix OBF Orderina and Bilina Forum OOS Out of service (tvpe of trouble condition) OSS Operations Support Systems Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 101 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . 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 USCC 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 USCC HLA (which is on our USCC list to validate.) The Hot Line feature call forwards automatically to a pre-programmed number. This TN is provided following t~e 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 USCC HME (which is on our USCC list to validate.) The HME feature call forwards a call from the land line telephone number to a cellular telephone number. The LINK FlO, along with the PCS telephone number provided in the Feature Detail section on the LSR, wil be validated against the LINK FlO on the service order to determine whether the FlO is present and the telephone number provided on the LSR matches the telephone number on the service order. DES on DID MBB If the CLEC requests a DID voice mailbox the DID number wil follow the FlO DES on the LSR in the Feature Detail section and on the service order. The DES FlO along with the DID telephone number provided in the Feature Detail section on the LSR wil be validated against the DES FlO on the service order to determine whether the FlO is present and the DID telephone number provided on the matches the telephone number on the service order. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B December 17, 2010 Page 103 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . APPENDIX A (continued) FIDs associated with WFA (800 service line feature which is on our USOC list to validate): SIT (if provided on LSR for WFA) Special identifying telephone number is a FlO associated with the 800 service line feature. Along with the SIT FlO is a ten-digit telephone number that reflects the 800, 888, 877, or 866 service line feature. The SIT FlO along with the ten-digit telephone number is provided in the Feature Oetail 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 onLSR for WFA) Special Identifying Telephone Number Supplemental is a FlO associated with the 800 service line feature. The SiS FlO along with a one-digit number is provided in the Feature Oetail section on the LSR. The PO-20 review wil validate that the FlO is floated on the service order behind the feature USOC and that the one-digit number matches the one-digit number provided on the LSR. ELN (if provided on LSR for WFA) 800 Service listed name is a FlO associated with the 800 service line feature. Along with the ELN FlO is a listed name, which follows the format of a business name. The ELN FlO along with the name is provided in the Feature Oetail 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 name matches the name provided on the LSR. ELA (if provided on LSR for WFA) 800 listed address is a FlO associated with the 800 service line feature. Along with the ELA FlO is an address, which follows the format of a listed address plus LATA, State, and zip code. The ELA FlO along with the address is provided in the Feature Oetail 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 FlO along with the additional characters are provided in the Feature Oetail 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. ALC (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 FlO is the three-digit code (OTC) for the IntraLAT A carrier. The ALC FlO along with the three-digit code is provided in the Feature Oetail section on the LSR. The PO-20 review wil validate that the FlO is floated on the service order behind the feature USOC and that the three-digit code matches the three-digit code provided on the LSR. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B Oecember 17, 2010 Page 105 OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . 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 FlO associated with the CALL PICK-UP feature. Along with the CPG FlO is a 1-3 digit numeric value that identifies the call pickup group. The CPG FlO along with the 1-3 digit numeric value is provided in the Feature Oetail 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 1-3 digit numeric value matches the 1-3 digit numeric value provided on the LSR. CPUO (If provided on LSR for E3PPK) Call Pickup-Originating is a FlO associated with the CALL PICK-UP feature. Along with the CPUO FlO is an alphanumeric value that identifies the call pickup group. The CPUO FlO along with the alphanumeric value is provided in the Feature Oetail 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 alphanumeric value matches alphanumeric value provided on the LSR. CPUT (If provided on LSR for E3PPK) Call Pickup-Terminating is a FlO associated with the CALL PICK-UP feature. Along with the CPUT FlO is an alphanumeric value that identifies the call pickup group. The CPUT FlO along with the alphanumeric value is provided in the Feature Oetail 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 alphanumeric value matches alphanumeric value provided on the LSR. FIDs associated with GVJ, EZJ, GVZ, GV2, EVH, GW (Speed Call feature USOCs that are on our USOC list to validate): SCG (If provided on LSR for Speed call USOCs) Speed Call Group is a FlO associated with the Speed call feature. Along with the SCG FlO is a 7 digit numeric value that identifies the controller of the group. The SCG FlO along with the 7 digit numeric value is provided in the Feature Oetail 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 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 FlO associated with the Speed call feature. Along with the CSL FlO is a 2 digit numeric value that identifies the size of the group list. The SCG FlO along with the 7 digit numeric value is provided in the Feature Oetail 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 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 FlO associated with the Speed call feature. Along with the SCF FlO is an alphanumeric value that identifies the controller of the shared list. The SCF FlO along with the alphanumeric value is provided in the Feature Oetail 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 alphanumeric value matches alphanumeric value provided on the LSR. Qwest Idaho SGAT Third Revision, Ninth Amended Exhibit B Oecember 17, 2010 Page 107 . . . OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 e . Resale Exhibits C - J, Version 2.0, April 30, 2007 1 . . . OocuSign Envelope 10: 172854D4-80BO-45B2-B02B-B08C84034A82 . Exhibit K PERFORMANCE ASSURANCE PLAN 1.0 Introduction 1.1 As set forth in this Agreement, Qwest and CLEC voluntarily agree to the terms of the following Penormance Assurance Plan ("PAP"), initially prepared in conjunction with Qwests application for approval under Section 271 of the Telecommunications Act of 1996 (the "Act") to offer in-region long distance service and subsequently modified in accordance with the Commission's orders and, where applicable, by operation of law. 2.0 Plan Structure 2.1 The PAP is, self-executing remedy plan. CLEC shall be provided with payments if, as applicable, Qwest does not provide parity between the service it provides to CLEC and that which it provides to its own retail customers, or Qwest fails to meet applicable benchmarks. . 2.2 As specified in sections 6.0 and 7.0 and Attachments 1 and 2, payment is generally on a per occurrence basis, (Le., a set dollar payment times the number of non-conforming service events). For the penormance measurements which do not lend themselves to per occurrence payment, payment is on a per measurement basis, (Le., a set dollar payment). The level of payment also depends upon the number of consecutive months of non-conforming penormance, (Le., an escalating payment the longer the duration of non-conforming penormance) unless otherwise specified. 2.3 Qwest shall be in conformance with the parity standard when service Qwest provides to CLEC is equivalent to that which it provides to its retail customers. The PAP relies upon statistical scoring to determine whether any difference between CLEC and Qwest penormance results is significant, that is, not attributable to simple random variation. Statistical parity shall exist when penormance results for CLEC and for Qwest retail analogue result in a z-value that is no greater than the critical z- values listed in the Critical Z-Statistical Table in section 5.0. 2.4 For penormance measurements that have no Qwest retail analogue, agreed upon benchmarks shall be used. Benchmarks shall be evaluated using a "stare and compare" method. For example, if the benchmark is for a particular penormance measurement is 95% or better, Qwest penormance results must be at least 95% to meet the benchmark. Percentage benchmarks wil be adjusted to round the allowable number of misses up or down to the closest integer, except when a benchmark standard and low CLEC volume are such that a 100% penormance result would be required to meet the standard and has not been attained in which case section 3.1.2 applies. .Qwest Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,2010 - 1- OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . Exhibit K the end of the second month following the third consecutive month of non-conforming performance. The sub-measure wil remain subject to the PAP payment mechanisms until Qwests performance for that sub-measure satisfies the established standards for three consecutive months. Effective the month following such conforming performance, the sub-measure wil no longer be subject to the PAP payment mechanisms but wil continue to be subject to the PID ReinstatemenURemoval Process. The determination of whether a PID sub-measure is removed from being subject to the PAP payment mechanisms is made no later than the end of the second month following the third consecutive month of conforming performance. Where applicable elsewhere in the PAP, this PID ReinstatemenURemoval Process modifies other provisions and operates as follows: 3.3.1 Disaggregation and Reporting Levels: Performance wil be evaluated at the lowest level of disaggregation defined in Exhibit B of the SGAT on a CLEC-aggregated or other-aggregated basis such that performance is evaluated for the purposes of administering the ReinstatemenURemoval Process on a statewide or regionwide level, as applicable per the PID. . 3.3.2 Retroactive Payments: To calculate retroactive payments for the sub- measures reinstated, PAP payment mechanisms wil be applied to the three consecutive months in which the standard was missed, which triggered reinstatement. These retroactive payments will be made to applicable CLECs, depending at the end of the third month after the month in which performance triggered re-instatement. 3.3.2.1 Accounting for Payments: In support of retroactive payments (section 3.3.2 above), Qwest wil account separately for PAP payments that would have beEm made to individual CLECs for a sub-measure as though it had been subject to the PAP payment mechanisms, where automatic reinstatement applies, and account separately in the same manner for the time between when it is determined that a sub-measure met the standard for automatic removal and the effective date of removal (the month following the three consecutive "met" months). With regard to sub-measures that are subsequently removed again through this process, any PAP payments made during the three consecutive months which triggers automatic removal wil not be recovered by Qwest. 3.3.2.2 Interest: In the case of automatic reinstatement, retroactive payments wil include interest calculated at the prime rate as reported in the Wall Street Journal from the date a payment would have been made to the date the payment is actually made. 3.3.2.3 Tracking: Qwest wil track and report service and payment results, including retroactive and avoided (Le., during periods of .Qwest Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17, 2010 - 3- OocuSign Envelope 10: 17285404-80BD-45B2-B02B-B08C84034A82 . Exhibit K nOwest = number of observations or samples used in Owest measurement nCLEC = number of observations or samples used in CLEC measurement The modified z-tests wil be applied to reported parity measurements that contain more than 30 data points. In calculating the difference between Owest and CLEC penormance, the above formula applies when a larger Owest value indicates a better level of penormance. In cases where a smaller Owest value indicates a higher level of penormance, the order is reversed, Le., MCLEC - MowEsT. . 4.3.1 For parity measurements where the number of data points is 30 or less, Owest wil apply a permutation test to test for statistical significance. Permutation analysis wil be applied to calculate the z-statistic using the following logic: Calculate the modified z-statistic for the actual arrangement of the data Pool and mix the CLEC and Owest data sets Penorm the following 1000 times: Randomly subdivide the pooled data sets into two pools, one the same size as the original CLEC data set (nCLEc) and one reflecting the remaining data points, and one reflecting the remaining data points, (which is equal to the size of the original Owest data set or nOWEST). Compute and store the modified z-test score (Zs) for this sample. Count the number of times the z-statistic for a permutation of the data is greater than the actual modified z-statistic Compute the fraction of permutations for which the statistic for the rearranged data is greater than the statistic for the actual samples If the fraction is greater than a, the significance level of the test, the hypothesis of no difference is not rejected, and the test is passed. The a shall be .05 when the critical z value is 1.645 and .15 when the critical z value is 1.04. 5.0 Critical Z-Value 5.1 The following table shall be used to determine the critical z-value that is referred to in section 6.0. It is based on the monthly business volume of the CLEC for the particular penormance measurements for which statistic testing is being penormed. .Qwest Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17, 2010 - 5- OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 . Exhibit K number of consecutive months for which Qwest has not met the standard for the particular measurement. 6.2.1 The escalation of payments for consecutive months of non-conforming service will be matched month for month with de-escalation of payments for every month of conforming service. For example, if Qwest has four consecutive monthly "misses" it wil make payments that escalate from month 1 to month 4 as shown in Table 2. If, in the next month, service meets the standard, Qwest makes no payment. A payment "indicator" de-escalates down from month 4 to month 3. If Qwest misses the following month, it wil make payment at the month 3 level of Table 2 because that is where the payment "indicatot' presently sits. If Qwest misses again the following month, it wil make payments that escalate back to the month 4 leveL. The payment level will de-escalate back to the original month 1 level only upon conforming service suffcient to move the payment "indicatot' back to the month 1 leveL. . 6.2.2 For those performance measurements listed on Attachment 2 as "Performance Measurements Subject to Per Measurement Caps," excluding BI-3A, payment to a CLEC in a single month shall not exceed the amount listed in Table 2 below for the "Per Measurement Cap" category. For those performance measurements listed on Attachment 2 as "Performance Measurements Subject to Per Measurement Payments," if any should be added at a later time, payment to a CLEC wil be the amount set forth in Table 2 below under the section labeled "Per Measurement Cap." TABLE 2: ESCALATIONS OF PAYMENTS TO CLEC Per Occurrence Measurement Group Month 2 Month 3 Month 4 Month 5 Month 6 Each following month after Month 6 add $100 $100 $100 Month 1 Hi h Medium Low Per Measurement Ca Measurement Group $150 $ 75 $ 25 $250 $150 $ 50 $500 $300 $100 $600 $700 $800 $400 $500 $600 $200 $300 $400 Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Each following month after Month 6 add $25,000 $10,000 $ 5,000 Hi h Medium Low $25,000 $10,000 $ 5,000 $50,000 $20,000 $10,000 $75,00 $30,000 $15,000 $100,000 $125,000 $150,000 $ 40,000 $ 50,000 $ 60,000 $ 20,000 $ 25,000 $ 30,000 .Qwest Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17, 2010 - 7- OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . Exhibit K To the extent that the actual CLEC payment for the year is less than the product of the preceding calculation, Owest shall make an additional payment equal to the difference. TABLE 4: MINIMUM PAYMENTS TO CLECS Minimum Payment Total Monthlv Pavment:Amount: Less than $200 $0 Between $200 and $800 $1,500 Between $801 and $ 2,000 $1,400 Over $1,400 $ 2,500 7.0 (BLANK) 8.0 Step by Step Calculation of Monthly Payments to CLEC . 8.1 Application of the Critical Z-Values: Owest shall identify the parity performance measurements that measure the service provided to CLEC by Owest for the month in question and the critical z-value from Table 1 in section 5.0 that shall be used for purposes of statistical testing for each particular performance measurement. The statistical testing procedures described in section 4.0 shall be applied. For the purpose of determining the critical z-values, each disaggregated category of a performance measurement is treated as a separate sub-measurement. The critical z-value to be applied is determined by the CLEC volume at each level of disaggregation or sub-measurement. 8.2 Performance Measurements for which Payment is Per Occurrence: 8.2.1 Performance Measurements that are Averages or Means: 8.2.1.1 Step 1: For each performance measurement, the average or the mean that would yield the critical z-value shall be calculated. The same denominator as the one used in calculating the z-statistic for the measurement shall be used. (For benchmark measurements, the benchmark value shall be used.) 8.2.1.2 Step 2: The percentage differences between the actual averages and the calculated averages shall be calculated. The calculation is % diff = (CLEC result - Calculated Value)/Calculated Value. The percent difference shall be capped at a maximum of 100%. In all calculations of percent differences in sections 8.0 and 9.0, the calculated percent differences is capped at 100%. 8.2.1.2 Step 3: For each performance measurement, the total number of data points shall be multiplied by the percentage calculated in the previous step and the per .Qwest Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17, 2010 - 9- OocuSign Envelope 10: 17285404-80BO-45B2-B02B-B08C84034A82 . Exhibit K standard for the qualifying performance sub-measurements. The qualifying sub- measurements are the ADSL qualified loop product disaggregations of OP-3, OP-4, OP-5a, MR-3, MR-5, MR-7, and MR-8. If the aggregate monthly CLEC volume is greater than 100, the provisions of this section shall not apply to the qualifying performance sub-measurement. 10.2 The determination of whether Owest has met the parity or benchmark standards wil be made using aggregate volumes of CLECs participating in the PAP. In the event Owest does not meet the applicable performance standards, a total payment to affected CLECs wil be determined in accordance with the high, medium, low designation for each performance measurement (see Attachment 1) and as described in section 8.0, except that CLEC aggregate volumes wil be used. In the event the calculated total payment amount to CLECs is less than $5,000, a minimum payment of $5,000 shall be made. The resulting total payment amount to CLECs wil be apportioned to the affected CLECs based upon each CLEC's relative share of the number of total service misses. 10.3 At the six (6)-month reviews, Owest wil consider adding to the above list of qualifying performance sub-measurements, new products disaggregation representing new modes of CLEC entry into developing markets. .11.0 Payment 11.1 Payments to CLEC shall be made one month following the due date of the performance measurement report for the month for which payment is being made. Owest wil pay interest on any late payment and underpayment at the prime rate as reported in the Wall Street Journal. On any overpayment, Owest is allowed to offset future payments by the amount of the overpayment plus interest at the prime rate. 11.2 Payment to CLEC shall be made via bil credits. Bil credits shall be identified on a summary format substantially similar to that distributed as a prototype to the CLECs and the Commissions. To the extent that a monthly payment owed to CLEC under this PAP exceeds the amount owed to Owest by CLEC on a monthly bil, Owest wil issue a check or wire transfer to CLEC in the amount of the overage. 11.3 Under a prior version of the Idaho PAP, a Special Fund was created for the purpose of payment of an independent auditor and audit costs as specified in section 15.0 and payment of other expenses incurred by the participating Commissions in the regional administration of the PAP. 11.3.1 (BLANK) 11.3.2 Commissions participating in the Special Fund shall appoint a person designated to administer and authorize disbursement of funds. All claims against the .àwest Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,2010 - 11- OocuSign Envelope 10: 17285404-80B0-45B2-BD2B-B08C84034A82 . Exhibit K 12.2.2 A decrease in the cap of a maximum of 4 percentage points at anyone time shall occur upon order by the Commission after performance for any consecutive period of 24 months in which total payments are 8 or more percentage points below the cap amount, provided that: (a) the Commission has determined that the preponderance of the evidence shows the performance results underlying those payments results from an adequate Owest commitment to meeting its responsibilities to provide adequate wholesale service and to keeping open its local markets and (b) the Commission shall have made that determination after providing all interested parties an opportunity to be heard. 12.2.3 The provisions of 12.2.1 and 12.2.2 shall be in effect for the next 24 month period commencing with the end of the 24 month period upon which the Commission's order is based. 12.3 If the annual cap is reached, each CLEC shall, as of the end of the year, be entitled to receive the same percentage of its total calculated payments. In order to preserve the operation of the annLlal cap, the percentage equalization shall take place as follows: . 12.3.1 The amount by which any month's total year-to-date payment exceeds the cumulative monthly cap (defined as 1/1ih of the annual cap times the cumulative number of months to date) shall be calculated. The apportionment resulting of this calculation shall be known as the "Tracking Account." 12.3.2 The apportionment shall be debited against the monthly payment due to each CLEC, by applying to the year-ta-date payments received by each the percentage necessary to generate the required total payment amount. 12.3.3 The Tracking Amount shall be apportioned among all CLECs so as to provide each with payments equal in percentage of its total year to date payment calculations. 12.3.4 This calculation shall take place in the first month that the year-to-date total payments are expected to exceed the cumulative monthly cap and for each month of that year thereafter. Owest shall recover any debited amounts by reducing payments due to any CLEC for that month and any succeeding months, as necessary. 13.0 Limitations 13.1 The PAP shall not become available in the State unless and until Owest receives effective section 271 authority from the FCC for that State. 13.2 Owest wil not be liable for payments to CLEC in an FCC approved state unti the Commission has approved an interconnection agreement between CLEC and Owest which adopts the provisions of this PAP. .Qwest Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17, 2010-13- OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . Exhibit K 13.4.1 CLEC may not use: 1) the existence of this enforcement plan; or 2) Owests payment of "liquidated damages" as evidence that Owest has discriminated in the provision of any facilties or services under Sections 251 or 252, or has violated any state or federal law or regulation. Owests conduct underlying its performance measures, however are not made inadmissible by its terms. 13.4.2 By accepting this performance remedy plan, CLEC agrees that Owests performance with respect to this remedy plan may not be used as an admission of liability or culpability for a violation of any state or federal law or regulation. (Nothing herein is intended to preclude Owest from introducing evidence of any "liquidated damages" under these provisions for the purpose of offsetting the payment against any other damages or payments a CLEC might recover.) The terms of this paragraph do not apply to any proceeding before the Commission or the FCC to determine whether Owest has met or continues to meet the requirements of section 271 of the Act. . 13.5 By incorporating these liquidated damages terms into the PAP, Owest and CLEC accepting this PAP agree that proof of damages from any non-conforming performance measurement would be diffcult to ascertain and, therefore, liquidated damages are a reasonable approximation of any contractual damages that may result from a non-conforming performance measurement. Owest and CLEC further agree that payments made pursuant to this PAP are not intended to be a penalty. The application of the assessments and damages provided for herein is not intended to foreclose other non-contractual legal and non-contractual regulatory claims and remedies that may be available to a CLEC. 13.6 This PAP contains a comprehensive set of performance measurements, statistical methodologies, and payment mechanisms that are designed to function together, and only together, as an integrated whole. To elect the PAP, CLEC must adopt the PAP in its entirety, in its interconnection agreement with Owest. By electing remedies under the PAP, CLEC waives any causes of action based on a contractual theory of liabilty, and any right of recovery under any other theory of liability (including but not limited to a state utilty regulatory commission or Federal Communications Commission rule or order) to the extent such recovery is related to harm compensable under a contractual theory of liabilty (even though it is sought through a non-contractual claim, theory, or cause of action). 13.7 If for any reason a CLEC agreeing to this OPAP is awarded compensation for the same harm for which it received payment under the OPAP, the court or other adjudicatory body hearing such a claim may offset the damages resulting from such claim against payments made for the same harm. 13.8 (BLANK) 13.9 Whenever a Owest payment to an individual CLEC exceeds $3 millon in a month, Owest may commence a proceeding to demonstrate why it should not be required to pay any amount in excess of the $3 milion. Upon timely commencement .Owest Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17, 2010 -15- OocuSign Envelope 10: 17285404.80B0-45B2-B02B-B08C84034A82 . Exhibit K 14.3 In the event Owest does not provide CLEC and the Commission with a monthly teport by the last day of the month following the month for which performance results are being reported, Owest wil pay to the State a total of $500 for each business day for which performance reports are 6 to 10 business days past the due date; $1,000 for each business day for which performance reports are 11 to 15 business days past the due date; and $2,000 for each business day for which performance results are more than 15 business days past the due date. If reports are on time but are missing performance results, Owest wil pay to the State a total of one-fifth of the late report amount for each missing performance measurement, subject to a cap of the full late report amount. These amounts represent the total payments for omitting performance measurements or missing any report deadlines, rather than a payment per report. Prior to the date of a payment for late reports, Owest may file a request for a waiver of the payment, which states the reasons for the waiver. The Commission may grant the waiver, deny the waiver, or provide any other relief that may be appropriate. . 14.4 To the extent that Owest recalculates payments made under this PAP, such recalculation shall be limited to the preceding three years (measured from the later of the provision of a monthly credit statement or payment due date). Owest shall retain suffcient records to demonstrate fully the basis for its calculations for long enough to meet this potential recalculation obligation. CLEC verification or recalculation efforts should be made reasonably contemporaneously with Owest measurements. In any event, Owest shall maintain the records in a readily useable format for one year. For the remaining two years, the records may be retained in archived format. Any payment adjustments shall be subject to the interest rate provisions of section 11.1. 15.0 Integrated Audit Program/Investigations of Penormance Results 15.1 Audits of the PAP shall be conducted in a two-year cycle under the auspices of the participating Commissions in accordance with a detailed audit plan developed by an independent auditor retained for a two-year period. The participating Commissions shall select the independent auditor with input from Owest and CLECs. 15.1.1 The participating Commissions shall form an oversight committee of Commissioners who wil choose the independent auditor and approve the audit plan. Any disputes as to the choice of auditor or the scope of the audit shall be resolved through a vote of the chairs of the participating commissions pursuant to Section 15.1.4. 15.1.2 The audit plan shall be conducted over two years. The audit plan wil identify the specific performance measurements to be audited, the specific tests to be conducted, and the entity to conduct them. The audit plan wil give priority to auditing the higher risk areas identified in the OSS report. The two-year cycle wil examine risks likely to exist across that period and the past history of testing, in order to .Owest Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17, 2010-17- OocuSign Envelope 10: 17285404-80B0-45B2-B02B-B08C84034A82 . . . Exhibit K data more than three years from the later of the provision of a monthly credit statement or payment due date. 15.4 Expenses for the audit of the PAP and any other related expenses, except that which may be assigned under section 15.3, shall be paid first from any residual Tier 2 funds remaining in the Special Fund. For Idaho, the remainder of the audit expenses wil be paid by Qwest. 16.0 Reviews 16. 1 Every six (6) months, beginning six months after the effective date of section 271 approval by the FCC for the state of Idaho, Qwest, CLECs, or the Idaho Public Utilities Commission may initiate a review of the performance measurements to determine whether measurements should be added, deleted, or modified; whether the applicable benchmark standards should be modified or replaced by parity standards; and whether to move a classification of a measurement to High, Medium, or Low, Tier. The criterion for reclassification of a measurement shall be whether the actual volume of data points was less or greater than anticipated. Criteria for review of performance measurements, other than for possible reclassification, shall be whether there exists an omission or failure to capture intended performance, and whether there is duplication of another measurement. Any disputes regarding adding, deleting, or modifying performance measurements shall be resolved pursuant to a proceeding before the Commission and subject to judicial review. No new performance measurements shall be added to this PAP that have not been subject to observation as diagnostic measurements for a period of 6 months. Any changes made at the six-month review pursuant to this section shall apply to and modify this agreement between Qwest and CLEC, subjec to a stay, modification or reversal upon appeal or judicial review. 16.1.1 Notwithstanding section 16.1, if any agreements on adding, modifying or deleting performance measurements as permitted by section 16.1 are reached between Qwest and CLECs participating in an industry Regional Oversight Committee (ROC) PID administration forum, those agreements shall be incorporated into the QPAP and modify the agreement between CLEC and Qwest at any time those agreements are submitted to the Commission, whether before or after a six- month review. 16.1.2 For the first twelve months that any changes made pursuant to paragraphs 16.1 or 16.1.1 are in effect, Qwest' liabilty for such changes shall be limited to 10% of the monthly payments that Qwest would have made absent the effect of such changes as a whole. This provision shall be referred as "the 10% payment collar." Such payment limitation shall be accomplished by factoring the payments resulting from the changes to ensure that such payments remain within 10% of the payments Qwest would have made absent such changes. Qwest Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17, 2010-19- OocuSign Envelope 10: 17285404-80BO-45B2-BD2B-B08C84034A82 . . . Exhibit K performance with the standards defined in the PAP shall be construed to be, of itself, non-conformance with the Act. 18.0 Dispute Resolution For the purpose of resolving disputes over the meaning of the provisions of the PAP and how they should be applied, the dispute resolution provisions of the SGAT, section 5.18, shall apply whether the CLEC uses the SGAT in its entirety or elects to make the PAP part of its interconnection agreements (Le., the unique dispute resolution provisions of interconnection agreements should not apply). Owest Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17, 2010- 21- DocuSign Envelope 10: 172854D4-80BD-45B2-BD2B-B08C84034A82 . Exhibit K a. PO-3 is limited to PO-3a-1, PO-3x, and PO-3c. b. PO-6 is included with PO-7 as a "family:" Measurements within the family share a single payment opportunity with only the measurements with the highest payment being paid. c. OP-4 is included with OP-6 as five "familes:" OP-4aIOP-6-1, OP-4bIOP-6-2, OP-4c10P-6-3, OP-4dIOP- 6-4, and OP-4eIOP-6-5. Measurements within each family share a single payment opportunity with only the measurement with the highest payment being paid. d. Section 3.1.2 applies to OP-5b only if the number of orders with trouble in OP-5a is no more than one. e. For purposes of the PAP, OP-6a and OP-6b wil be combined and treated as one. The combined OP-6 breaks down to OP-6-1 (within MSA), OP-6-2 (outside MSA), OP-6-3 (no dispatch), OP-6-4 (zone 1), and OP-6-5 (zone 2). f. Applicable only to xDSL-1 capable loops. g. Excludes the following product disaggregations as applicable to this PID: Resale Centrex, Resale Centrex 21, Resale DSO (non-designed), Resale DSO (designed), Resale DSO, E9111911 Trunks, Resale Frame Relay, Resale Basic ISDN (non-designed), Resale Basic ISDN (designed), Resale Basic ISDN, Resale Primary ISDN (non-designed), Resale Primary ISDN (designed), Resale Primary ISDN, Resale PBX (non-designed), Resale PBX (designed), Resale PBX, Sub-Loop Unbundling, UNE-P (POTS), UNE-P (Centrex), and UNE-P (Centrex 21). .h. Stabilzation Period: For each of these new measureslsub-measures that include XML results there wil be a 3-month measurement stabilzation period. During this period, no payment applies if the payment is determined to have been caused by the development to include XML into the PID results and not due to an actual perfonnance miss. In order to detennine the cause of payments during the stabilzation period, if any payments are identified, the payment's due date will be extended for 30 days to provide Qwest the opportunity to perfonn root cause analysis and make the results readily available to the impacted parties. Unti performance reporting includes XML results, the prior measures/sub-measures included in the PAP wil apply. Further, should either the IMA-GUI or IMA-XML interfaces be replaced in the future, results from the replacement interfaces wil be automatically incorprated into these measures and be included in the PAP (with a stabilzation period) coincident with CLEC migration to the new interfaces subject to changes to theimpacted measures including but not limited to modification due to operational differences with the replacement interfaces. Owest Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17, 2010- 23-.