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Home My WebLink About20011009Application (Part A).pdfAttorneyQÀHOPUBLICLaw&ExtemalAffairsUTlUTIESCOMMISSION100SpearStreet,Suite 930 San Francisco,CA 94105 415-371-7179 415-371-7186 (fax) e-mail:eric.s.heath mail.sprint.com October 3,2001 Idaho Public Utilities Commission PO Box 83720 Boise,ID 83720-0074 à /Û/ RE:Sprint/Qwest Interconnection Agreement Dear Sir or Madam: Enclosed please find the original and eight copies of the signed interconnection agreement between Sprint Communications Company,L.P.and Qwest Corporationfor Sling with the Idaho Public Utilities Commission ("Commission").Please return a file stamped copy of the agreement to me in the enclosed self-addressed,postage-prepaid envelope. Sprint makes this filing pursuant to Section 252(e)of the Telecommunications Act of 1996 ("the Act")as well as Idaho Statute Section 62-615.Sprint respectfully requests the Commission approve this interconnection agreement as compliant with the antidiscrimination and public interest provisions of Section 252(e),as well as with Section 251 of the Act. Please do not hesitate to contact me should you have any questions in this regard.Thank you. Sincerely, Eric S.Heath cc:Rich Kowalewski Dave Stahly Enclosures RECEIVED !LED UilLITIESCüMMIS310N LOCAL INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATION AND SPRINT COMMUNICATIONS COMPANY,L.P. JULY 27,2000 FOR THE STATES OF: ARIZONA,COLORADO,MINNESOTA,WASHINGTON AND JANUARY 26,2001 FOR THE STATE OF: OREGON AND AUGUST 14,2001 FOR THE STATES OF: IDAHO,IOWA,MONTANA,NEBRASKA,NEW MEXICO, NORTH DAKOTA,SOUTH DAKOTA,UTAH,AND WYOMING Part A General Terms (A)1.SCO PEOF AG REEMENT.................................................................................1 (A)2.DEFINITIONS....................................................................................................3 (A)3.TERMS AN D CO ND I TION S.............................................................................1 3 (A)3.1 General Provisions .....................................................................................13 (A)3.2 Term of Agreement .....................................................................................14 (A)3.3 Proof of Authorization ................................................................................15 (A)3.4 Billing and Payment....................................................................................15 (A)3.5 Taxes............................................................................................................21 (A)3.6 I nsur a n ce .....................................................................................................21 (A)3.7 Fo rce M a jeur e..............................................................................................22 (A)3.8 Limitation of Liability..................................................................................23 (A)3.9 Indemnity.....................................................................................................24 (A)3.10 Intellectual Property.................................................................................24 (A)3.1 1 W a rr a nt ies ................................................................................................27 (A)3.12 Assignment...............................................................................................28 (A)3.1 3 Defa u It.......................................................................................................28 (A)3.14 Disclaimer of Agency...............................................................................29 (A)3.15 Non d isclosu re ..........................................................................................29 (A)3.16 Survival.....................................................................................................31 (A)3.17 Dispute Resolution ..................................................................................31 (A)3.1 8 Co ntro I li ngLa w ........................................................................................34 (A)3.1 9 Jo i ntWorkProdu ct ..................................................................................34 (A)3.20 Responsibility for Environmental Contamination..................................34 Page i Part A GeneralTerms (A)3.21 Not ices ......................................................................................................35 (A)3.22 Responsibility of Each Party ...................................................................35 (A)3.23 No Th ird Pa rty Benef iciaries....................................................................36 (A)3.24 Referen ced Docu ments ...........................................................................36 (A)3.25 Publicity ....................................................................................................37 (A)3.2 6 Am endment ..............................................................................................37 (A)3.27 Executed in Counterparts........................................................................37 (A)3.28 Headings of No Force or Effect...............................................................37 (A)3.29 Regulatory Ap proval ................................................................................37 (A)3.30 Co mp lia n ce...............................................................................................38 (A)3.31 Customer Contacts ..................................................................................38 (A)3.32 Compliance with the Communications Assistance Law Enforcement Act of 1994 ("CALEA")...........................................................................................38 (A)3.33 ÛOOperatiOn..............................................................................................38 (A)3.34 Most Favored Nations Treatment............................................................38 (A)3.35 Nonexclusive Remedies ..........................................................................38 (A)3.36 Privacy of Customer Information ............................................................39 (A)3.37 Severability...............................................................................................39 PARTB -RE SAL E ......................................................................................................41 (B)1.Description ..................................................................................................41 (B)2.Terms a nd Co nd it io ns ................................................................................41 (B)3.Rates and Charges......................................................................................44 (B)4.Ordering Process........................................................................................46 (B)5.Billing...........................................................................................................47 (B)6.M a i nte n a n ce a ndRe pa i r .............................................................................48 Page ii Part A General Terms PART C -RECIPROCAL TRAFFIC EXCHANGE ........................................................49 (C)1.Interconnection Facility Options................................................................49 (C)2.Reciprocal Traffic Exchange......................................................................53 (C)3.Jointly Provided Switched Access Services .............................................74 PART D -COLLOCATION .........................................................................................76 (D)1.Description ..................................................................................................76 (D)3.Terms and Conditions ................................................................................81 (D)4.Rate Elements .............................................................................................93 (D)5.Ordering.......................................................................................................98 (D)6.Billing.........................................................................................................101 (D)7.Maintenance and Repair...........................................................................102 PART E -UNBUNDLED NETWORK ELEMENTS (UNES).......................................104 (E)1.General Terms...........................................................................................104 (E)2.Unbundled Dedicated Interoffice Transport............................................122 (E)3.Unbundl ed Loo ps .....................................................................................1 31 (E)4.Network Interface Device (NID)................................................................143 (E)5.Local Tandem Switching ..........................................................................144 (E)6.Local Circuit Switching Capability...........................................................153 (E)7.Packet Switching ......................................................................................157 (E)8.Enh a n ced E xte n ded L i n ks (EE L].............................................................159 (E)9.Customized Routing .................................................................................161 (E)10.Common Channel Signaling Capability/SS7...........................................162 (E)11.Line Sharing..............................................................................................165 (E)1 2.Sub I oopUnbund I i ng .................................................................................174 Page iii Part A General Terms (E)13.Dark Fiber..................................................................................................181 (E)14.Unbundled Customer Controlled RearrangementElement (UCCRE)....186 (E)15.Additional Un bundled Elements ..............................................................187 (E)16.Construction Charges...............................................................................187 (E)17.8XX Database Query Service....................................................................188 P ARTF -ANCILLA RYSERV I CE S............................................................................191 (F)1.I n te ri mNumberPort a b i I ity ..........................................................................1 91 (F)2.Loca I NumberPort a b i I i ty.............................................................................201 (F)3.911/E911 Service..........................................................................................202 (F)4.Directory Assistan ce....................................................................................207 (F)5.Directory Listin gs.........................................................................................210 (F)6.Toll and Assistance Operator Services ......................................................217 (F)7.Advanced Intelligent Network (AIN)............................................................221 (F)8.Interconnection to Line Information Database (LIDB)...............................224 (F)9.Access to Poles,Ducts,Conduits,and Rights of Way..............................230 (F)10.InterNetwork Calling Name.......................................................................240 (F)11.Custom Local Area Signaling Services (CLASS)....................................242 PART G-MISCELLANEOUS PROVISIONS.............................................................245 (G)1.Network Security.......................................................................................245 (G)2.Access To Operational Support Systems (OSS).....................................251 (G)3.Access To Telephone Numbers ...............................................................270 (G)4.Dialing Parity.............................................................................................270 (G)5.Qwest Dex .................................................................................................271 (G)6.Notice of Changes.....................................................................................271 Page iv Part A General Terms (G)7.Referral An nou ncement............................................................................271 (G)8.Maintenance and Repair...........................................................................272 (G)9.Bona Fide Request Process .....................................................................278 (G)10.Au d it P ro cess ..........................................................................................281 (G)11.Data Exchange for Billing and Recording of Call Information.............283 (G)12.Construction Charges.............................................................................286 (G)13.Service Performance ..............................................................................287 (G)14.Network Standards .................................................................................295 (G)15.Complex Firm Order Confirmation (FOC)..............................................295 PARTH -R ATES ......................................................................................................299 PART I -SIGNATURE...............................................................................................301 Page v Part A General Terms PART A -GENERAL TERMS This Local Interconnection Agreement is between Sprint Communications Company,L.P. ("Sprint"),a Delaware Limited Partnership,and Qwest Corporation ("Qwest"),a Colorado corporation for services in the states of Arizona,Colorado,Minnesota,Washington,and Oregon. (A)1.SCOPE OF AGREEMENT (A)1.1 Pursuant to this Local Interconnection Agreement Sprint,a Competitive Local Exchange Carrier,and Qwest,collectively "the Parties",will extend certain arrangements to one another within the geographical areas in which both Parties are providing local exchange service at that time,and for which Qwest is the incumbent Local Exchange Carrier within the state for purposes of providing Local Telecommunications Services.It also includes certain services which the Parties will provide to each other as Local Exchange Carriers under Section 251(b)of the Communications Act of 1934,as modified by the Telecommunications Act of 1996 ("the Act").This Agreement is a combination of agreed terms and conditions imposed by arbitration under Section 252 of the Act and as such does not necessarily represent the position of either Party on any given issue.The Parties enter into this Agreement without prejudice to any position they may have taken previously, or may take in the future in any legislative,regulatory,or other public forum addressing any matters,including matters related to the types of arrangements prescribed by this Agreement. (A)1.2 The provisions in this Agreement are based,in large part,on the existing state of the law,rules,regulations and interpretations thereof,as of the date hereof (the "Existing Rules").Among the Existing Rules are or could be the results of arbitrated decisions related to interconnection agreements between the parties which are currentlybeing challenged.Among the Existing Rules are certain FCC rules and orders that are the subject of,or affected by,the opinion issued by the Supreme Court of the United States in A T&T Corp.,et al.v.lowa Utilities Board,et al.on January 25,1999.Nothing in this Agreement shall preclude or estop the Parties from taking any position in any forum concerning the proper interpretation or effect of the Existing Rules or concerning whether the Existing Rules should be changed,dismissed,stayed or modified.To the extent that the Existing Rules are changed,vacated, dismissed,stayed or modified,then the Parties shall amend this Agreement and all contracts adopting all or part of this Agreement pursuant to Section 252(I)of the Act,shall be amended to reflect such modification or change of the Existing Rules.Where the Parties fail to agree upon such an amendment,it shall be resolved in accordance with the Dispute Resolution provision of this Agreement.It is expressly understood that this Agreement will be corrected to reflect the outcome of generic pricing proceedings by the Commission.This Section 1.2 shall be considered part of the rates,terms and conditions of each interconnection,services,and network element arrangement contained in this Agreement,and this Section 1.2 shall be Page I Part A General Terms considered legitimately related to the purchase of each interconnection service,service for resale,and network element arrangement contained in this Agreement. (A)1.3 This Agreement sets forth the terms,conditions and prices under which Qwest agrees to provide (a)services for resale and (b)certain UNEs, ancillary functions and additional features to Sprint,all for the sole purpose ofprovidingTelecommunicationsServices.The Agreement also sets forth the terms,conditions and prices under which the Parties agree to provideInterconnectionandreciprocalcompensationfortheexchangeofExchangeService(EAS/Local)and Exchange Access (IntraLATA Toll)traffic between Qwest and Sprint and Jointly Provided Switched Access (InterLATA andIntraLATApresubscribed/dial around)traffic between Qwest,Sprint and Interexchange Carrier (IXC)for purposes of offering Telecommunications Services. (A)1.4 In the performance of their obligations under this Agreement,the Parties shall act in good faith and consistently with the intent of the Act.Where notice,approval or similar action by a Party is permitted or required by any provision of this Agreement,(including,without limitation,the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement)such action shall not be unreasonably delayed,withheld orconditioned. (A)1.5 Qwest agrees that in accordance with Section 272(c)of theTelecommunicationsAct,it will not discriminate between itself or its affiliate and any other entity in the provision or procurement of goods,services, facilities,and information,or in the establishment of standards. (A)1.6 Qwest may make services,functionalities and features available to SprintunderthisAgreementconsistentwiththewaytheyareavailabletoother CLECs,without a formal amendment to this Agreement. (A)1.7 This Agreement is structured in the following format: Part A -General Terms Part B -Resale Part C -Reciprocal Traffic Exchange Part D -Collocation Part E -Unbundled Network Elements Part F -Ancillary Services Part G -Miscellaneous Provisions Part H -Rates Part I -Signature (A)1.8 Prior to placing any orders for sentices under this Agreement,the Parties willjointlycompletethe"Qwest Co-Provider Questionnaire".The Parties will negotiate in good faith should a dispute arise over the content or use of the Qwest Co-Provider Questionnaire. Page 2 Part A General Terms (A)2.DEFINITIONS The following Section contains definitions only.These definitions are not to beconstruedastermsandconditionsoftheAgreement.Rather,they are forinformationalpurposesonly.Terms not otherwise defined here,but defined in the Actshallhavethemeaningdefinedthere. (A)2.1 ACCESS SERVICES are defined in the state and interstate tariffs of theParties. (A)2.2 ACCESS SERVICE REQUEST (ASR)means the industry standard formsandsupportingdocumentationusedfororderingAccessServicesandLocalInterconnectionService. (A)2.3 ACT means the Communications Act of 1934 (47 U.S.C.151 et.seq.),asamendedbytheTelecommunicationsActof1996,and as from time to timeinterpretedinthedulyauthorizedrulesandregulationsoftheFCCoraCommissionwithinitsstateofjurisdiction. (A)2.4 ADJACENT COLLOCATION is the installation of Sprint equipment adjacentto,or near the Qwest facilities or Qwest collocation space,andinterconnectingviafacilities.Adjacent collocated facilities may or may not belocatedontheQwestproperty. (A)2.5 AFFILIATE means a person that (directly or indirectly)owns or controls,isownedorcontrolledby,or is under common ownership or control with,another person.For purposes of this paragraph,the term "own"means toownanequityinterest(or the equivalent thereof)of more than ten percent(10%). (A)2.6 ARRANGEMENT for interconnection,services,or unbundled networkelementsmeansalloftherates,terms and conditions contained in anAgreementtowhichQwestispartyapprovedbytheCommissionunderSection252oftheAct,in their entirety,related to the provision of any one ofthefollowing(1)interconnection and reciprocal traffic exchange,(2)services,or (3)unbundled network elements. (A)2.7 ASYMMETRICAL DIGITAL SUBSCRIBER LINE (ADSL)means atransmissiontechnologywhichtransmitsanasymmetricaldigitalsignalusingoneofseveraltransmissionmethods. (A)2.8 ADVANCED INTELLIGENT NETWORK (AIN)is a network functionalityplatformthatpermitsservice-specific conditions to be programmed into aswitchwhich,when met,directs the switch to suspend call processing and toreceivespecialinstructionsforfurthercallhandlinginstructionsinordertoenablecarrierstoofferadvancedfeatures,services and routing.(A)2.9 AUTOMATED MESSAGE ACCOUNTING (AMA)structure inherent in switchtechnologythatinitiallyrecordstelecommunicationmessageinformation.AMA format is contained in the Automated Message Accounting document, Page 3 Part A General Terms published by Bellcore/Telcordia as GR-1100-CORE which defines the industry standard for message recording. (A)2.10 ATTACHMENT is any placement of Sprint's facilities in or on Qwest's poles, ducts,conduits,or Right of Way. (A)2.11 AUTOMATIC NUMBER IDENTIFICATION (ANI)means a Feature Group Dsignalingparameterwhichreferstothenumbertransmittedthroughanetworkidentifyingthebillingnumberofthecallingparty. (A)2.12 BASIC EXCHANGE TELECOMMUNICATIONS SERVICE means a serviceofferedtoenduserswhichprovidestheenduserwithatelephonic connection to,and a unique local telephone number address on,the public switched telecommunications network,and which enables such end user togenerallyplacecallsto,or receive calls from,other stations on the public switched telecommunications network.Basic residence and business line services are Basic Exchange Telecommunications Services.As used solely in the context of this statement and unless otherwise agreed,BasicExchangeTelecommunicationsServiceincludesaccesstoancillaryservices such as 911,directory assistance and operator services. (A)2.13 BONA FIDE REQUEST (BFR)means a request for a new interconnection orunbundledelementnotalreadyavailableinthisAgreementfortheprovision of local telecommunications services. (A)2.14 BUSY LINE VERIFY/BUSY LINE INTERRUPT (BLVIBLI)TRAFFIC means an operator service call in which the caller inquires as to the busy status of or requests an interruption of a call on another end user's Basic ExchangeTelecommunicationsServiceline. (A)2.17 BUSINESS DAY(S)means the days of the week excluding Saturdays, Sundays,and all legal holidays. (A)2.18 CAGELESS COLLOCATION is a form of physical collocation administered in full bay increments and does not require the construction of physical collocation walls or fencing. (A)2.19 CALLING PARTY NUMBER (CPN)is a Common Channel Signaling (CCS) parameter which refers to the number transmitted through a networkidentifyingthecallingparty.Reference Technical Pub.77342. (A)2.20 CENTRAL OFFICE SWITCH means a switch used to provide circuit switchedTelecommunicationsServices,including,but not limited to: (A)2.20.1 END OFFICE SWITCHES which are used to terminate end user station loops for the purpose of interconnecting to each other and to trunks for the exchange of Exchange Service (EAS/Local)and Exchange Access (IntraLATA and IntraLATA Toll);and Page 4 Part A General Terms (A)2.20.2 TANDEM OFFICE SWITCHES which are used to connect and switch trunk circuits between and among other Central Office Switches.Access tandems provide connections for the exchange of Exchange Access (IntraLATA Toll)and Jointly Provided Switched Access (InterLATA and IntraLATA presubscribed/dial around)traffic while local tandems provide connections for Exchange Service (EAS/Local)traffic. (A)2.21 CLASS FEATURES are optional end user switched services that include,but are not necessarily limited to:Automatic Call Back;Call Trace;Caller ID and Related Blocking Features;Distinctive Ringing/Call Waiting;Selective Call Forward;Selective Call Rejection.(See Bellcore/Telcordia documentation for definition). (A)2.22 COLLOCATION is an arrangement where space is provided in a Qwest Central Office for the placement of Sprint's equipment to be used for the purpose of Interconnection with Qwest Unbundled Network Elements or Local Interconnection Service.Qwest,to the extent required by applicable law, offers the following Collocation arrangements:Virtual Collocation,Physical Collocation,Cageless Physical Collocation,Caged Shared Collocation,Adjacent Collocation and Interconnection Distribution Frame (lCDF) Collocation. (A)2.23 COMBINATIONS refers to different Network Elements that are logically related to provide a telecommunications service. (A)2.24 COMMISSION means the state regulatory agency with lawful jurisdiction over telecommunications. (A)2.25 COMMON CHANNEL SIGNALING (CCS)means a method of digitally transmitting call set-up and network control data over a special signaling network fully separate from the public voice switched network elements that carry the actual call. (A)2.26 COMPETITIVE LOCAL EXCHANGE CARRIER (CLEC)means an entity authorized to provide Local Exchange Service that does not otherwise qualify as an incumbent LEC. (A)2.27 CUSTOMERIEND USER means a third party that subscribes to telecommunications services provided by either of the Parties for their own use or in the offering of other telecommunications services. (A)2.28 CUSTOMER ACCOUNT RECORD EXCHANGE ("CARE")This refers to customer account data exchanged electronically between a Local Exchange Carrier (Qwest)and another Carrier (e.g.,:Sprint LD,etc.)in order to maintain current,accurate data on the customer's account status. (A)2.29 CUSTOMER PROPRIETARY NETWORK INFORMATION (CPNI)means (A) information that relates to the quantity,technical configuration,type, destination,and amount of use of a Telecommunications Service subscribed to by any customer of a Telecommunications Carrier,and that is made Page 5 Part A General Terms available to the carrier by the customer solely by virtue of the carrier customer relationship;and (8)information contained in the bills pertaining to telephone exchange service or telephone toll service received by a customer of a carrier,except that such terms does not include subscriber list information (e.g.name,address and phone number published in a directory). (A)2.30 CUSTOMER USAGE DATA means the local telecommunications Services usage data of a Sprint Customer,measured in minutes and/or sub-minute increments (e.g.:1/10 minutes,seconds,1/10 seconds,etc.),message units, or otherwise,that is recorded by Qwest and forwarded to Sprint. (A)2.31 DIGITAL SIGNAL LEVEL 0 (DSO)is the 56 Kbps worldwide standard speed for digitizing one voice conversation using pulse code modulation.There are 24 DSO channels in a DSi. (A)2.32 DIGITAL SIGNAL LEVEL 1 (DS1)means the 1.544 Mbps first-level signal in the time-division multiplex hierarchy.In the time-division multiplexing hierarchy of the telephone network,DS1 is the initial level of multiplexing. (A)2.33 DIGITAL SIGNAL LEVEL 3 (DS3)means the 44.736 Mbps third-level signal in the time-division multiplex hierarchy.In the time-division multiplexing hierarchy of the telephone network,DS3 is defined as the third level of multiplexing. (A)2.34 DIRECT TRUNK TRANSPORT denotes the voice grade,DS1 or DS3 transmission path,or portion thereof,between the SWC/HUB and the end officelaccesstandem/HUB. (A)2.35 E911 SERVICE is a method of routing 911 calls to a PSAP that uses customer location data in the ALI/DMS to determine the PSAP to which a call should be routed. (A)2.36 ELECTRONIC DATA INTERFACE (EDI)is a means of electronically sending and receiving data messages computer to computer. (A)2.37 END USERICUSTOMER means a third party that subscribes to telecommunications sentices provided by either of the Parties for their own use or in the offering of other telecommunications services. (A)2.38 ENHANCED EXTENDED LOOP (EEL)is a service offered by Qwest that allows Sprint to extend loops from the end user premise to a Sprint collocation in a different Wire Center.EEL consists of a combination of loop and interoffice facilities and may also include multiplexing or concentration capabilities.EEL transport and loop facilities may utilize DSO,DS1 or DS3 equivalent bandwidths. (A)2.39 EXCHANGE ACCESS (INTRALATA TOLL)is traffic that originates and terminates within the same LATA but not within the same Local Calling Area. Exchange Access is defined in accordance with Qwest's current IntraLATA toll serving areas,as determined by the Federal Communications Commission. Page 6 Part A General Terms (A)2.40 EXCHANGE SERVICE (EAS LOCAL)is local traffic as defined by the termLocalCall. (A)2.41 EXCHANGE MESSAGE RECORD or EMR is the standard used forexchangeoftelecommunicationsmessageinformationbetweentelecommunicationsprovidersforbillable,non-billable,sample,settlement and study data.EMR format is contained in BR-010-200-010 CRISExchangeMessageRecord,a Bellcore/Telcordia document that definesindustrystandardsforexchangemessagerecords. (A)2.42 EXPANDED INTERCONNECTION CHANNEL TERMINATION (EICT)telecommunications Interconnection between Sprint collocated equipmentandQwest's network is accomplished via an Expanded InterConnectioinChannelTermination(EICT).This element can be at OCn (meaning OC3,OC12,OC48 etc.),DS3,DS1 or DSO level depending on the Qwest servicetowhichitisconnected.An ElCT generally includes regeneration. (A)2.43 EXTENDED AREA SERVICE (EAS)/LOCAL TRAFFIC is either a mandatory or optional enlargement of a Local Calling Area pursuant to the appropriate Commission decision where end users may originate toll free calling to theenlargedarea. (A)2.44 FIBER-MEET means an interconnection architecture method whereby thePartiesphysicallyinterconnecttheirnetworksviaanopticalfiberinterface(asopposedtoanelectricalinterface)at a mutually agreed upon location. (A)2.45 HUB denotes a Qwest Wire Center which is used as the Sprint POl forexchanginglocaltrafficandatwhichQwestmultiplexingservicesareavailabletoSprint. (A)2.46 HDSL or High-Bit Rate Digital Subscriber Line means a two-wire or four-wiretransmissiontechnologythattypicallytransmitsaDS1-level signal (or,higherlevelsignalswithcertaintechnologies). (A)2.47 IABS means the Interexchange Access Billing System which is Qwest'sversionoftheCarrierAccessBillingSystem(CABS)and is described in adocumentpreparedunderthedirectionoftheBillingCommitteeoftheOBF.The Carrier Access Billing System document is published byBellcorefl¯elcordiaand contains the recommended guidelines for the billing of access and other connectivity services. (A)2.48 INTEGRATED DIGITAL LOOP CARRIER means a subscriber loop carrier system,which integrates with or within the switch at a DS1 level (twenty-four (24)Local Loop Transmission paths combined into a 1.544 Mbps digital signal). A)2.49 INTERCONNECT MEDIATED ACCESS (IMA)is a Qwest OperationalSupportSystems(OSS)electronic interface gateway utilizing eitherElectronicDataInterface(EDI)or Graphical User Interface (GUl).These gateways act as a mediation and security control point between the Sprint Page 7 Part A General Terms and Qwest OSS and will support Pre-ordering (including loop pre- qualification),Ordering and Provisioning,Maintenance and Repair and Billing. (A)2.50 INTERCONNECT &RESALE RESOURCE GUIDE is a Qwest document that provides essential information needed to request services available under this Agreement.It is available on Qwest's Web site. (A)2.51 INTERCONNECTION is as described in the Act and refers to the connection between networks for the purpose of transmission and routing of telephone exchange service (EAS/Local),exchange access (IntraLATAToll)and Jointly Provided Switched Access (InterLATA and IntraLATA presubscribed/dial around)traffic. (A)2.52 INTERCONNECTION TIE PAIR (ITP)is a connection provided by Qwest between an unbundled network element and the demarcation point,and an ancillary service and a demarcation point.An Interconnection Tie Pair (ITP) differs from an Expanded Interconnection Channel Termination (ElCT)in that an ITP does not include regeneration. (A)2.53 INTEREXCHANGE CARRIER or IXC means a carrier that provides InterLATA and/or IntraLATA presubscribed/dial around switched or dedicated access services. (A)2.54 INTERNET is a worldwide,interconnected network using gateways that convert formats and protocols between networks with hosts and interconnected networks appearing as interconnected hosts. (A)2.55 INTRALATA TOLL (Exchange Access)is traffic that originates and terminates within the same LATA but not within the same Local Calling Area. Exchange Access is defined in accordance with Qwest's current IntraLATA toll serving areas,as determined by the Federal Communications Commission. (A)2.56 LINE INFORMATION DATA BASE (LIDB)stores various telephone line numbers and Special Billing Number (SBN)data used by operator services systems to process and bill Alternately Billed Services (ABS)calls.The operator services system accesses LIDB data to provide originating line (calling number),billing number and terminating line (called number) information.LIDB is used for calling card validation,fraud prevention,billing or service restrictions and the sub-account information to be included on the call's billing record. (A)2.57 LOCAL CALL is a voice or data transmission that terminates in the same Local Calling Area as it originates in,and the transmission does not continue in any form beyond the termination point. (A)2.58 LOCAL CALLING AREA is a geographically defined area within which an end user can originate and receive calls on a toll free basis,as established by the effective tariffs of the incumbent local exchange carrier.This may also Page 8 Part A GeneralTerms include local measured service (see also definition of Extended AreaService/Local Traffic). (A)2.59 LOCAL EXCHANGE CARRIER (LEC)means any person that is engaged intheprovisionoftelephoneexchangeservice(EASILocal)or exchangeaccess(IntraLATA Toll).Such term does not include a person insofar assuchpersonisengagedintheprovisionofacommercialmobilesenticeunderSection332(c)of the Act,except to the extent that the FCC finds thatsuchserviceshouldbeincludedinthedefinitionofsuchterm. (A)2.60 LOCAL INTERCONNECTION SERVICE (LIS)provides for local callterminationservicesunderreciprocaltrafficexchange.LIS provides thePartiestheabilitytoterminatecallswithintheCommissiondefinedLocalCalling/EAS. (A)2.61 LOCAL LOOP TRANSMISSION or LOOP means the entire transmissionpathwhichextendsfromthenetworkinterfacedeviceordemarcationpointatanenduser's premises to the termination of the facility on a Main DistributionFrameorotherdesignatedframeorpanelinaParty's Wire Center whichservestheenduser. (A)2.62 LOCAL NUMBER PORTABILITY (LNP)means the ability of users oftelecommunicationsservicestoretain,at the same location,existingtelecommunicationsnumberswithoutimpairmentofquality,reliability orconveniencewhenswitchingfromonetelecommunicationscarriertoanother. (A)2.63 LOCAL SERVICE REQUEST (LSR)means the recommended industry formsandsupportingdocumentationusedfororderinglocaltelecommunicationsservices. (A)2.64 MAIN DISTRIBUTION FRAME (MDF)means a Qwest distribution frameusedtointerconnectcablepairsandequipmentonaswitchingsystem. (A)2.65 MASTER STREET ADDRESS GUIDE (MSAG)means the master documentorfilethatlistsstreetnames,address ranges,and routing codes. (A)2.66 MULTIPLE EXCHANGE CARRIER ACCESS BILLING (MECAB)refers tothedocumentpreparedbytheBillingCommitteeoftheOrderingandBillingForum(OBF),that functions under the auspices of the Carrier LiaisonCommitteeoftheAllianceforTelecommunicationsIndustrySolutions.TheMECABdocument,published by Bellcore/Telcordia as Special Report SR-BDS-000983,contains the recommended guidelines for the billing of anAccessServiceprovidedbytwoormoreLECs(including a ILEC and aCLEC),or by one LEC in two or more states within a single LATA. (A)2.67 MECOD refers to the Multiple Exchange Carriers Ordering and Design(MECOD)Guidelines for Access Services -Industry Support Interface,adocumentdevelopedbytheOrdering/Provisioning Committee under theauspicesoftheOrderingandBillingForum(OBF),that functions under theauspicesoftheCarrierLiaisonCommitteeoftheAllianceforTelecommunicationsIndustrySolutions.The MECOD document,published Page 9 Part A General Terms by Belicore/Telcordia as Special Report SR STS-002643,establishesrecommendedguidelinesforprocessingordersforAccessService.It ispublishedbyBelicoreTrelcordiaasSRBDS00983. (A)2.68 MEET POINT BILLING or MPB refers to an agreement whereby two LECs(including a CLEC and Qwest)jointly provide switched access service to anInter-exchange Carrier,with each LEC (or CLEC)receiving an appropriateshareofthetransportelementrevenuesasdefinedbytheireffectiveaccesstariffs. (A)2.69 MID-SPAN MEET is a Point of Interconnection between two networks,designated by two Telecommunications Carriers,at which one carrier'sresponsibilityforservicebeginsandtheothercarrier's responsibilityends. (A)2.70 NETWORK DATA MOVER (NDM)is an IBM platform for electronictransmissionofdata. (A)2.71 NETWORK ELEMENT means a facility or equipment used in the provision of a telecommunications service. (A)2.72 NORTH AMERICAN NUMBERING PLAN or NANP means the numberingplanusedintheUnitedStatesthatalsoservesCanada,Bermuda,PuertoRico,Guam,the Commonwealth of the Marianna Islands and cedainCaribbeanIslands.The NANP format is a 10-digit number that consists of a3-digit NPA code (commonly referred to as the area code),followed by a3-digit NXX code and 4-digit line number. (A)2.73 NXX means the fourth,fifth and sixth digits of a ten-digit telephone number. (A)2.74 ORDERING AND BILLING FORUM (OBF)is the standards forum whichfunctionsundertheauspicesoftheCarrierLiaisonCommittee(CLC)of theAllianceforTelecommunicationsIndustrySolutions(ATIS). (A)2.75 PACKET SWITCHING CAPABILITY is the basic packet switching function ofroutingorforwardingpackets,frames,cells or other data units based onaddressorotherroutinginformationcontainedinthepackets,frames,cells orotherdataunits. (A)2.76 PARTY means either Qwest or Sprint and PARTIES mean Qwest and Sprint. (A)2.77 POINT OF INTERFACE,POINT OF INTERCONNECTION (POI)is a point ofdemarcationwheretheexchangeoftrafficbetweentwoLECs(including aLECandaCLEC)takes place. (A)2.78 PORT means a termination on a Central Office Switch that permits customers to send or receive circuit switched telecommunications services. (A)2.79 RATE CENTER means the specific geographic point and its correspondinggeographicarea,(associated with one or more specific NPA-NXX codes andvariousWireCenters),being used for billing and measuring Basic Exchange Page 10 Part A GeneralTerms Telecommunications Service.For example,a Rate Center will normallyincludeseveralWireCenterswithinitsgeographicarea,with each WireCenterhavingoneormoreNPA-NXXs. (A)2.80 RATE CENTER AREA is the geographic area within which basic exchange services are provided for NPA-NXXdesignations associated with a particular Rate Center. (A)2.81 RATE CENTER POINT is the finite geographic point identified by a specific V &H coordinate,which is used to measure distance-sensitive end user traffic to/from,the particular NPA-NXX designations associated with the specific Rate Center. (A)2.82 RESELLER is a category of local exchange service provider that obtains dial tone and associated Telecommunications Services from another provider through the purchase of telecommunications services for resale to its end users. (A)2.83 RIGHT OF WAY (ROW)is the right to use the land or other property ofanotherpartytoplacepoles,conduits,cables,other structures andequipment,or to provide passage to access such structures and equipment. A ROW may run under,on,or above public or private property (including air space above public or private property)and may include the right to use discrete space in buildings,building complexes,or other locations. (A)2.84 ROUTING POINT means a location which Qwest or Sprint has designated on its own network as the homing (routing)point for traffic inbound to Basic Exchange Services provided by Qwest or Sprint which bear a certain NPA- NXX designation.The Routing Point is employed to calculate mileage measurements for the distance-sensitive transport element charges of Switched Access Services.The Routing Point may be an "End Office" location,or a "Qwest Consortium Point of Interconnection".Pursuant to that same Bellcore/Telcordia Practice,examples of the latter may be designated by a common language location identifier (CLLl)code with (x)KD in positions 9,10,11,where (x)may be any alphanumeric A-Z or 0-9.The above referenced Bellcore/Telcordia document refers to the Routing Point as the Rating Point.For the purposes of this Agreement,the Routing Point can bedistinctfromtheRatingPoint.The Rate Center Point must be located in the Rate Center area.The Routing Point may be located outside of the Rate Center Area. (A)2.85 SELECTIVE ROUTING is a service which automatically routes an E911 call to the PSAP that has jurisdictional responsibility for the service address of the telephone that dialed 911,irrespective of telephone company exchange or wire center boundaries. (A)2.86 SERVICE CONTROL POINT or SCP means a signaling end point that acts as a database to provide information to another signaling end point (i.e., Service Switching Point or another SCP)for processing or routing certain types of network calls.A query/response mechanism is typically used in communicating with a SCP. Page 11 Part A General Terms (A)2.87 SHARED COLLOCATION is the sharing of physical collocation spacebetweenmultipleCLECs. (A)2.88 SHARED TRANSPORT is transmission facilities shared by more than onecarrier,including Qwest,between end office switches,between end officeswitchesandtandemswitches,and between tandem switches,in Qwest'snetwork. (A)2.89 SIGNALLING TRANSFER POINT (STP)means a signaling point thatperformsmessageroutingfunctionsandprovidesinformationfortheroutingofmessagesbetweensignalingendpoints.A STP transmits,receives andprocessesCommonChannelSignaling(CCS)messages. (A)2.90 SYNCHRONOUS OPTICAL NETWORK (SONET)is an optical intedacestandardthatallowsinterworkingoftransmissionproductsfrommultiplevendors. (A)2.91 SWITCHED ACCESS SERVICE means the offering of transmission andswitchingservicestoInterexchangeCarriersforthepurposeoftheoriginationorterminationoftelephonetollservice.Switched AccessServicesinclude:Feature Group A,Feature Group B,Feature Group D,8XXaccess,and 900 access and their successors or similar Switched Accessservices.Switched Access traffic,as specifically defined in Qwest's stateandinterstateSwitchedAccessTariffs,is traffic that originates at one of theParty's end users and is connected to the IXC's network at an IXC point ofpresence,or originates by an user of the IXC's services and is connected to a Party's network at an IXC point of presence for termination to one of theParty's end users,whether or not the traffic transits the other Party'snetwork. (A)2.92 TARIFF as used throughout this Agreement refers to Qwest interstate TariffsandstateTariffs,price lists,price schedules and catalogs. (A)2.93 TECHNICALLY FEASIBLE Interconnection,access to unbundled network elements,collocation,and other methods of achieving interconnection or access to unbundled network elements at a point in the network shall bedeemedtechnicallyfeasibleabsenttechnicaloroperationalconcernsthatpreventthefulfillmentofarequestbyatelecommunicationscarrierforsuchinterconnection,access,or methods.A determination of technical feasibilitydoesnotincludeconsiderationofeconomic,accounting,billing,space,orsiteconcerns,except that space and site concerns may be considered incircumstanceswherethereisnopossibilityofexpandingthespaceavailable.The fact that Qwest must modify its facilities or equipment torespondtosuchrequestdoesnotdeterminewhethersatisfyingsuchrequest is technically feasible.Qwest is,however,entitled to recover the coststhroughspecificmethodsapprovedbythestatecommissionofsuchmodificationoffacilitiesorequipment. (A)2.94 TELECOMMUNICATIONS CARRIER means any provider ofTelecommunicationsServices,except that such term does not include Page 12 Part A GeneralTerms aggregators of Telecommunications Services (as defined in Section 226 of the Act).A Telecommunications Carrier shall be treated as a common carrier under the Act only to the extent that it is engaged in providingTelecommunicationsServices,except that the Federal Communications Commission shall determine whether the provision of fixed and mobilesatelliteserviceshallbetreatedascommoncarriage. (A)2.95 TELECOMMUNICATIONS SERVICES means the offering of telecommunications for a fee directly to end users. (A)2.96 TRAFFIC TYPE is the characterization of IntraLATA traffic as "local"(local includes EAS),or "toll"which shall be the same as the characterizationestablishedbytheeffectivetariffsoftheincumbentlocalexchangecarrier. (A)2.97 TOLL FREE NUMBER DATABASE provides functionality necessary for toll free (e.g.,800 and 888)number services by providing routing information and additional vertical features during call set-up in response to queries from SSPs. (A)2.98 TRANSIT TRAFFIC means any traffic that originates from one Telecommunications Carrier's network,transits anotherTelecommunicationsCarrier's network,and terminates to yet another Telecommunications Carrier's network.For the purposes of this Agreement, transit traffic does not include traffic carried by InterexchangeCarriers.That traffic is defined as Jointly Provided Switched Access. (A)2.99 TRCO means Trouble Reporting Control Office. (A)2.100 UNBUNDLED NETWORK ELEMENTS (UNE)are network elements which are defined by the FCC or Commission and Qwest must make available for use by Sprint for a fee.UNE requirements may change from time to time and Qwest must make available to Sprint those UNEs required under the law. (A)2.101 WIRE CENTER denotes a building or space within a building,that serves as an aggregation point on a given carrier's network,where transmissionfacilitiesareconnectedorswitched.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. However,for purposes of Collocation service,Wire Center shall mean those points eligible for such connections as specified in the Act and the applicable FCC rules. (A)3.TERMS AND CONDITIONS (A)3.1 General Provisions Page 13 Part A General Terms (A)3.1.1 Each Party shall use its best efforts to comply with anyimplementationschedulesthatwillbemutuallyagreeduponby the Parties from time to time. (A)3.1.2 The Parties are each solely responsible for participation in andcompliancewithnationalnetworkplans,including the NationalNetworkSecurityPlanandtheEmergencyPreparednessPlan. (A)3.1.3 Neither Party shall use any service related to or use any of the services provided in this Agreement in any manner thatinterfereswithotherpersonsintheuseoftheirsentice, prevents other persons from using their service,or otherwise impairs the quality of service to other carriers or to either Party's end users,and each Party may discontinue or refuse service if the other Party violates this provision.Upon suchviolation,either Party shall provide the other Party notice of such violation at the earliest practicable time. (A)3.1.4 Each Party is solely responsible for the services it provides to its end users and to other Telecommunications Carriers. (A)3.1.5 The Parties shall work cooperatively to minimize fraudassociatedwiththird-number billed calls,calling card calls,andanyotherservicesrelatedtothisAgreement. (A)3.1.6 Nothing in this Agreement shall prevent either Party from seeking to recover the costs and expenses,if any,it may incur in (a)complying with and implementing its obligations under this Agreement,the Act,and the rules,regulations and orders of the FCC and the Commission,and (b)the development, modification,technical installation and maintenance of any systems or other infrastructure which it requires to comply with and to continue complying with its responsibilities and obligations under this Agreement. (A)3.2 Term of Agreement When executed by authorized representatives of Qwest and Sprint,thisAgreementshallbecomeeffectiveonthedateitisapprovedbythe Commission and it shall terminate on June 30,2003,unless renewed by mutual agreement or terminated earlier in accordance with the provisions of this Agreement. (A)3.2.1 Continuation Upon Expiration and Renegotiation Upon expiration of the term of this Agreement,this Agreement shall continue in force and effect until terminated by either Party on one hundred sixty (160)days written and faxed notice to the other Party.The date of this notice will be the starting point for the one hundred sixty (160)day negotiation window under Section 252 of the Act.If the Parties reach agreement,this Page 14 Part A General Terms Agreement will terminate on the date specified in the notice oronthedatetheAgreementisapprovedbytheCommission,whichever is later.If the Parties arbitrate,the Agreement willterminatewhenthenewAgreementisapprovedbytheCommission. (A)3.3 Proof of Authorization Where so indicated in specific sections of this Agreement,each Party shallberesponsibleforobtainingandhavinginitspossessionProofofAuthorization(POA)in accordance with FCC Rules,as effective.POA shallconsistofdocumentationacceptabletotheenduser's selection.Suchselectionmaybeobtainedinthefollowingways: (A)3.3.1 The end user's written Letter of Authorization. (A)3.3.2 The end user's electronic authorization including but not limitedtotheuseofan8XXnumber. (A)3.3.3 The end user's oral authorization verified by an independentthirdparty(with third party verification as POA). To the extent authorized by law,the Parties may request POAs forverificationfromtheotherPartyandtakeanyappropriateaction. The following language applies to the State of Montana only ((A)3.3 isdeletedinitsentiretyandreplacedwiththefollowing:) Where so indicated in specific sections of this Agreement,each Party shallberesponsibleforobtainingandhavinginitspossessionProofofAuthorizationPOA").POA shall consist of documentation acceptable to theendusersselection.Such selection may be obtained in any mannerconsistentwithMontanalaw. The Parties shall make POAs available to each other upon request.Achargeof$100.00 (slamming charge)will be assessed if the POA cannot beprovidedsupportingthechangeinserviceprovider.If there is a conflictbetweentheenduserdesignationandtheotherParty's written evidence of its authority,the Parties shall honor the designation of the end user andchangetheenduserbacktothepreviousserviceprovider. (A)3.4 Billing and Payment (A)3.4.1 Billable Charges (A)3.4.1.1 Qwest will bill in accordance with this AgreementthosechargesSprintincursasaresultofSprint purchasing from Qwest Network Elements,Combinations,and Local Services,as set forth in this Agreement (hereinafter "Charges").Each bill Page 15 Part A General Terms for Charges (hereinafter "Bill")shall be formatted in accordance with CRIS and lABS,as appropriate.Each such Element,Combination,or Local Service,including service packages, purchased by Sprint,shall be assigned a separate and unique USOC and such code shall be provided to Sprint on each lABS Bill and the initial CRIS Bill.Each such USOC shall enable Sprint to identify the Element(s),Combinations or Local Sentices ordered by Sprint as described in the Provisioning sections of this Agreement.As Qwest provides for itself within its billing systems, it shall provide billing detail including the quantity and description of each such Element, Combination,or Local Service provided and billed to Sprint.All Charges billed to Sprint must indicate the state from which such Charges were incurred. (A)3.4.1.2 The Parties agree that BAN numbers for billing and/or CRIS billing account numbers will be provided from Qwest to Sprint at the earliest practicable time. (A)3.4.1.3 Qwest shall provide Sprint a monthly Bill that includes all Charges incurred by and credits and/or adjustments due to Sprint for those Elements,Combination thereof,or Local Services ordered,established,utilized,discontinued or performed pursuant to this Agreement.Each Bill provided by Qwest to Sprint shall include:(1)all flat rated charges incurred for the billing period (assumes the same billing periods as Qwest retail services),(2)any known unbilled flat rated charges for prior periods,(3)unbilled usage sensitive charges for the current billing period (assumes the same billing,periods as Qwest retail services),(4)any known unbilled usage sensitive charges for prior periods,and (5)any known unapplied adjustments. (A)3.4.1.4 Generally,the Parties will bill all charges to the other Party within ninety (90)calendar days of the appropriate bill date,barring extraordinary circumstances.If such circumstances should occur,the other Party will be notified as soon as the billing party knows.When notified of late billable charges,the Parties will negotiate a due date.Late billing will be limited to the statute of limitations applicable to state or federal regulations.Late billed usage will be Page 16 Part A General Terms accompanied by sufficient detail tovalidate/substantiate such late billed charges. (A)3.4.2 Payment of Charges (A)3.4.2.1 Subject to the terms of this Agreement,Sprint and Qwest willpayeachother,unless bills are properly disputed,within thirty(30)calendar days from the date of the bill or twenty (20)business days from the date the bill is received (or in areadableformforelectronictransmissions),whichever is later. If the payment due date is a Sunday or is a Monday that hasbeendesignatedabankholidaybythebankSprintspecifies,payment will be made the next business day.If the paymentduedateisaSaturdayorisonaTuesday,Wednesday,Thursday or Friday that has been designated a bank holiday bythebankSprintspecifies,payment will be made on theprecedingbusinessday. (A)3.4.2.2 Payments shall be made in U.S.Dollars viaelectronicfundstransferorAmericanClearingHouse("EFT"or "ACH")to the other party's bankaccount.At least thirty (30)days prior to the firsttransmissionofBillingdataandinformationforpayment,Qwest and Sprint shall provide eachotherthenameandaddressofitsbank,its account and routing number and to whom Billingpaymentsshallbemadepayable.If such bankinginformationchanges,each party shall provide theotherpartyatleastsixty(60)days written notice ofthechangeandsuchnoticeshallincludethenewbankinginformation.Sprint will provide QwestwithoneaddresstowhichsuchpaymentsshallberenderedandQwestwillprovidetoSprintonlyoneaddresstowhichsuchpaymentsshallberendered.In the event Sprint receives multipleBillsfromQwestwhicharepayableonthesamedate,Sprint may remit one payment for the sum of all Bills payable to Qwest's bank account specified in this subsection.Each party shall provide theotherpartywithacontactpersonforthehandlingofBillingpaymentquestionsorproblems. (A)3.4.3 Adjustments Subject to the terms of this Agreement,the Parties will adjusteachother's bill for any incorrectly Billed Charges for servicesprovidedhereunder.Where services are ordered or requestedbutnotdelivered,or for total service interruption,an adjustmentwillbemadeequaltotheamountthatwasorwouldhavebeenchargedtotheotherParty.Such adjustments shall be set forth Page 17 Part A General Terms in the appropriate section of the bill.Nothing in this sectionsupercedesprovisionsoftheLimitationofLiabilitysection. (A)3.4.4 Non-Payment of Undisputed Billed Amounts (A)3.4.4.1 If either Party fails to make payments of undisputed amounts on dates specified,the billingPattyshallprovidethirty(30)calendar days written notice via certified mail return receipt requested to the person designated by the billed Party to receive such notices of noncompliance.If thebilledPartydoesnotremedythesituationbyformallydisputingtheamountorreachingamutuallyagreeablesolutionwithinthethirty(30)calendar days,the billing Party may refuse additional applications for service and/or refuse to complete any pending orders for service by thebilledPartyatanytimethereafter.Upon resolution of the dispute within this thirty (30)day period, Qwest will begin to process order requests.If thebilledPartydoesnotremedythesituationasdescribedabove,Qwest may,after a second thirty (30)calendar day written notice by certified mail,return receipt requested to the person designated by the billed Party to receive such notices of noncompliance,discontinue providing all services to the billed Party.In the case of such discontinuance,all charges that caused the billing Party to invoke this provision,including termination charges,shall become due andpayable.If the billing Party does not discontinue the provision of the services involved on the date specified in the thirty (30)calendar days notice, and the billed Party's noncompliance continues,nothing contained herein shall preclude the billing Party the right to discontinue the provision of the services to the billed Party without further notice. (A)3.4.5 Billing Disputes (A)3.4.5.1 Each Party agrees to notify the other Party upon the discovery of a billing dispute.In the event of abillingdispute,the parties will endeavor to resolve the dispute within sixty (60)calendar days of the Bill Date on which such disputed charges appear. Resolution of the dispute is expected to occur at the first level of management resulting in a recommendation for settlement of the dispute and closure of a specific billing period.Either Party may elect to move to the next level of management,as necessary.The Parties will Page 18 Part A General Terms generally follow the resolution procedures and timeframes outlined below: (A)3.4.5.1.1 If the dispute is not resolved within sixty (60)calendar days of the Bill Date,the dispute will be escalated to the second level of management for each of the respective parties for resolution. (A)3.4.5.1.2 If the dispute is not resolved within ninety (90)calendar days of the Bill Date,the dispute will be escalated to the third level of management for each of the respective parties for resolution. (A)3.4.5.1.3 If the dispute is not resolved within one hundred and twenty (120)calendar days of the Bill Date,the dispute will be escalated to the fourth level of management for each of the respective parties for resolution. (A)3.4.5.1.4 If the dispute is not resolved within one hundred and fifty (150) calendar days of the Bill Date,the dispute will be resolved in accordance with the procedures set forth in the Dispute Resolution Section of this Agreement. (A)3.4.6 Late Payment Charges (A)3.4.6.1 A late payment charge as required by theapplicablestateCommissionappliestoallbilled balances,which are not properly disputed,which are not paid by the billing date shown on the next bili.To the extent Sprint pays the billed balance on time,but the amount of the billed balance is disputed by Sprint,and,it is later determined that a refund is due Sprint,interest shall be payable on the refunded amount from the date of payment_in the amount that is equal to the late payment charge as required by the applicable state Commission. (A)3.4.6.2 If a Party disputes Charges and does not pay such Charges by the payment due date,such Charges may be subject to late payment charges.If the Page 19 Part A General Terms disputed Charges have been withheld and thedisputeisresolvedinfavorofthebillingParty,the withholding Party shall pay the disputed amount and applicable late payment charges no later than the second billing period following the resolution.If the disputed Charges have been withheld and the dispute is resolved in favor of the disputing Party,the billing Party shall credit the Bill of the disputing Party for the amount of the disputed charges nolaterthanthesecondBillDateaftertheresolution of the dispute. (A)3.4.6.3 If a Party pays the disputed Charges and the dispute is resolved in favor of the billing Party,nofurtheractionisrequired.If a Party pays thedisputedchargesandthedisputeisresolvedinfavorofthedisputingParty,the billing Party shall credit the disputing Party's bill for the disputed amount and any associated interest no later than the second bill payment due date after the resolution of the dispute.The interest calculated on the disputed amounts will be at the same rate as late payment charges.In no event,however, shall any late payment charges be assessed onanypreviouslyassessedlatepaymentcharges. (A)3.4.7 Credit/Deposit (A)3.4.7.1 Qwest will determine Sprint's credit status based on previous payment history with Qwest or credit reports such as Dun and Bradstreet.If Sprint has not established satisfactory credit with Qwest or if Sprint is repeatedly delinquent in making its payments,Qwest may require a deposit to be held as security for the payment of charges. "Repeatedly delinquent"means being thirty (30) calendar days or more delinquent for three (3)consecutive months on charges which have not been formally disputed.The deposit may not exceed the estimated total monthly charges for atwo(2)month period.The deposit may be a surety bond,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 andpayablewithinten(10)calendar days after demand in accordance with Commission requirements. (A)3.4.7.2 Interest will be paid on cash deposits at the rate applying to deposits under applicable Commission Page 20 Part A General Terms rules,regulations,or Tariffs.Cash deposits andaccruedinterestwillbecreditedtoSprint'saccountorrefunded,as appropriate,upon theearlieroftheterminationofthisAgreementortheestablishmentofsatisfactorycreditwithQwest,which will generally be one fuli year of timelypaymentsinfullbySprint.The fact that a deposithasbeenmadedoesnotrelieveSprintfromanyrequirementsofthisAgreement. (A)3.4.7.3 Qwest may review Sprint's credit standing andmodifytheamountofdepositrequired. (A)3.5 Taxes Each Party purchasing services hereunder shall pay or otherwise beresponsibleforallfederal,state,or local sales,use,excise,gross receipts,transaction or similar taxes,fees or surcharges levied against or upon suchpurchasingParty(or the providing Party when such providing Party ispermittedtopassalongtothepurchasingPartysuchtaxes,fees orsurcharges),except for any tax on either Party's corporate existence,statusorincome.Whenever possible,these amounts shall be billed as a separateitemontheinvoice.To the extent a sale is claimed to be for resale taxexemption,the purchasing Party shall furnish the providing Party a properresaletaxexemptioncertificateasauthorizedorrequiredbystatuteorregulationbythejurisdictionprovidingsaidresaletaxexemption.Until suchtimeasaresaletaxexemptioncertificateisprovided,no exemptions will beapplied. (A)3.6 Insurance Sprint shall at all times during the term of this Agreement,at its own costandexpense,carry and maintain the insurance coverage listed below withinsurershavinga"Best's"rating of B+XIll. (A)3.6.1 Workers'Compensation with statutory limits as required in thestateofoperation;and Employers'Liability insurance with limitsofnotlessthan$100,000 each accident. (A)3.6.2 Commercial General Liability insurance covering claims forbodilyinjury,death,personal injury or property damageoccurringorarisingoutoftheuseoroccupancyofthepremises,including coverage for independent contractor'sprotection(required if any work will be subcontracted),premises-operations,products and/or completed operationsandcontractualliabilitywithrespecttotheliabilityassumedbySprinthereunder.The limits of insurance shall not be less than$1,000,000 each occurrence and $2,000,000 generalaggregatelimit. Page 21 Part A General Terms (A)3.6.3 Comprehensive automobile liability insurance covering the ownership,operation and maintenance of all owned,non- owned and hired motor vehicles with limits of not less than $1,000,000 per occurrence for bodily injury and property damage. (A)3.6.4 Umbrella/Excess Liability insurance in an amount of $10,000,000 excess of Commercial General Liability insurance specified above.These limits may be obtained through any combination of primary and excess or umbrella liability insurance so long as the total limit is $11,000,000. (A)3.6.5 "All Risk"Property coverage on a full replacement cost basis insuring all of Sprint personal property situated on or within the premises.Sprint may elect to purchase business interruption and contingent business interruption insurance.Qwest has no liability for loss of profit or revenues should an interruption of service occur. (A)3.6.6 Sprint and Qwest each waive any and all rights of recovery against the other,or against the officers,employees,agents, representatives or the other,or other tenants for loss or damage to such waiving Party arising from any cause covered by any property insurance required to be carried by such Party. Each Party shall give notice to insurance carrier(s)that the mutual waiver of subrogation is contained in this Agreement. (A)3.6.7 Upon the execution hereof,Sprint shall provide certificate(s)of insurance evidencing coverage,and annually thereafter within ten (10)calendar days of renewal of any coverage maintained pursuant to this Section.Such certificates shall;(1)name Qwest as an additional insured under commercial general liability coverage as respects Qwest's interests;(2)provide Qwest thirty (30)calendar days prior written notice of cancellation of,material change or exclusions in the policy(s)to which certificate(s)relate;(3)indicate that coverage is primary and not excess of,or contributory with,any other valid and collectible insurance purchased by Qwest;and (4)policy(s) provide severability of interest/cross liability coverage. Notwithstanding the provision set forth above,insurance requirements for telecommunications carriers with annual revenues in excess of ten billion dollars will be handled on an individual case basis. (A)3.7 Force Majeure Neither Party shall be liable for any delay or failure in pedormance of any part of this Agreement from any cause beyond its control and without its fault or negligence including,without limitation,acts of nature,acts of civil or military authority,government regulations,embargoes,epidemics,terrorist acts,riots,insurrections,fires,explosions,earthquakes,nuclear accidents, Page 22 Part A General Terms floods,work stoppages,equipment failure,power blackouts,volcanic action, other major environmental disturbances,unusually severe weather conditions,inability to secure products or services of other persons or transportation facilities or acts or omissions of transportation carriers (collectively,a "Force Majeure Event").The Party affected by a Force Majeure Event shall give prompt notice to the other Party,shall be excused from performance of its obligations hereunder on a day to day basis to the extent those obligations are prevented by the Force Majeure Event,and shall use reasonable efforts to remove or mitigate the Force Majeure Event. In the event of a labor dispute or strike the Parties agree to provide service to each other at a level equivalent to the level they provide themselves. (A)3.8 Limitation of Liability (A)3.8.1 Except as otherwise provided in the indemnity section,no Party shall be liable to the other Party for any Loss,defect or equipment failure caused by the conduct of the other Party,the other Party's agents,servants,contractors or others acting in aid or concert with the other Party. (A)3.8.2 Except for Losses alleged or made by a Customer of either Party,in the case of any Loss arising from the negligence or willful misconduct of both Parties,each Party shall bear,and its obligations under this Section shall be limited to,that portion (as mutually agreed to by the Parties)of the resulting expense caused by its (including that of its agents,servants,contractors or others acting in aid or concert with it)negligence or willful misconduct. (A)3.8.3 Except for indemnity obligations,each Party's liability to the other Party for any Loss relating to or arising out of any negligent act or omission in its pedormance of this Agreement, whether in contract or in tort,shall be limited to the total amount that is or would have been charged to the other Party by such negligent or breaching Party for the service(s)or function(s)not performed or improperly performed. (A)3.8.4 Except as provided immediately below,neither Party shall have any liability whatsoever to the other Party for any indirect, special,consequential,incidental or punitive damages, including but not limited to loss of anticipated profits or revenue or other economic loss in connection with or arising from anything said,omitted or done hereunder (collectively, "Consequential Damages"),even if the other Party has been advised of the possibility of such damages;provided,that the foregoing shall not limit a Party's obligation to indemnify, defend and hold the other Party harmless against any amounts payable to a third party,including any losses,costs,fines, penalties,criminal or civil judgments or settlements,expenses (including attorneys'fees)and Consequential Damages of such third party.Nothing contained in this section shall limit either Page 23 Part A General Terms Party's fiability to the other for (1)willful or intentionalmisconduct(including gross negligence)proximately caused bysuchparty's negligent act or omission or that of their respectiveagents,subcontractors or employees nor shall anythingcontainedinthissectionlimittheParties'indemnificationobligations,as specified below. (A)3.9 Indemnity (A)3.9.1 Each of the Parties agrees to release,indemnify,defend andholdharmlesstheotherPartyandeachofitsofficers,directors,employees and agents (each an "Indemnitee")from and againstandinrespectofanyloss,debt,liability,damage,obligation,claim,demand,judgment or settlement of any nature or kind,known or unknown,liquidated or unliquidated including,but notlimitedto,costs and attorneys'fees,whether suffered,made,instituted,or asserted by any other party or person,for invasionofprivacy,personal injury to or death of any person or persons, or for loss,damage to,or destruction of property,whether ornotownedbyothers,resulting from the indemnifying Party'sperformance,breach of Applicable Law,or status of itsemployees,agents and subcontractors;or for failure to performunderthisAgreement,regardless of the form of action. (A)3.9.2 The indemnification provided herein shall be conditioned upon: (A)3.9.2.1 The indemnified Party shall promptly notify theindemnifyingPartyofanyactiontakenagainsttheindemnifiedPartyrelatingtotheindemnification.Failure to so notify the indemnifying Pady shall notrelievetheindemnifyingPartyofanyliabilitythattheindemnifyingPartymighthave,except to the extent that such failure prejudices the indemnifying Party's ability to defend such claim. (A)3.9.2.2 The indemnifying Party shall have sole authority todefendanysuchaction,including the selection oflegalcounsel,and the indemnified Pady mayengageseparatelegalcounselonlyatitssolecostandexpense. (A)3.9.2.3 In no event shall the indemnifying Party settle orconsenttoanyjudgmentpertainingtoanysuch action without the prior written consent of theindemnifiedParty. (A)3.10 Intellectual Property (A)3.10.1 For Resold services,each party agrees to defend and pay anydamagesawardedagainsttheotherPady(the "RequestingParty"),or their customers,based on any claim,demand,or Page 24 Part A General Terms proceeding that the use,sale,offer for sale performance or provision of any facilities,equipment,services or other item provided by that Party (the "Providing Party")under thisAgreement,infringes any U.S.patent,copyright,or constitutes misappropriation of a trade secret of a third party.The Requesting Party will notify the Providing Party promptly in writing of any such claim,demand or proceeding,and give such information,assistance and authority as reasonably required for the handling or defense of such claim all at the Providing Party's expense.The Providing Party shall have sole control over the defense of any such claim,demand or proceeding and all negotiations regarding its settlement.The Providing Party shall not have any obligation hereunder if any infringement or allegation thereof is based upon use of any item in combination with another item not furnished by the Providing Party (unless the other item is merely an immaterial part of the combination) or based upon use of any item in a manner for which it was notprovidedorintendedandintheeventofsuchinfringementor allegation,the Requesting Party shall defend and pay any damages awarded against the Providing Party. (A)3.10.2 For the use and provisioning of unbundled elements,the Parties agree to negotiate provisions related to Intellectual Property defense and apportionment of damages,and third party intellectual property licenses in accordance with FCC decisions as effective resulting from CCB Docket 97-19. (A)3.10.3 Each Party shall not,without the express written permission of the other Party state that;a)the other party is in any wayconnectedoraffiliatedwithotherPartyoritsaffiliates,b)they are part of a joint business association or similar arrangement with the other Party or its affiliates,c)the other Party is sponsoring endorsing or certifying a Party's goods and services,or d)with respect to a Party's advertising or promotional activities or materials,that the resold goods and services are in any way associated with or originated from the Other Party or any of its affiliates.Nothing in this paragraph shall prevent each Party from truthfullydescribing the network elements it uses to provide service to its customers. (A)3.10.4 Except as expressly provided in this Agreement,nothing in this Agreement shall be construed as the grant of a license,either express or implied,with respect to any patent,copyright,logo, trademark,trade name,trade secret or any other intellectual property now or hereafter owned,controlled or licensable by either Party. (A)3.10.5.Sprint may use the phrase "Sprint is a reseller of Qwest services"(the Authorized Phrase)in Sprint's printed materials provided: Page 25 Part A GeneralTerms (A)3.10.5.1 The Authorized Phrase is not used in connection with any goods or services other than Qwest services resold by Sprint,or included in any advertising materials that contain goods or services other than those being resold by Sprint. (A)3.10.5.2 Sprint's use of the Authorized Phrase does not,in Qwest's reasonable discretion,cause customers to believe that Sprint is Qwest. (A)3.10.5.3 The Authorized Phrase,when displayed,appears only in text form (Sprint may not use the Qwest logo)with all letters being the same font and point size.The point size of the Authorized Phrase shall be no greater than one-fourth the point size of the largest use of Sprint's name and in no event shall exceed 8 point size. (A)3.10.5.4 Sprint shall provide Sprint's first use of the Authorized Phrase in a particular printed material to Qwest for its prior written approval.Qwest must provide such approval or the reasons for rejection within 10 business days of such submission. Qwest's failure to respond shall be deemed approval. (A)3.10.5.5 If Qwest reasonably determines that Sprint's use of the Authorized Phrase causes customer confusion,Qwest may in its reasonable discretion immediately terminate Sprint's right to use the Authorized Phrase. (A)3.10.5.6 Upon termination of Sprint's right to use the Authorized Phrase or termination of this Agreement,all permission or right to use the Authorized Phrase shall immediately cease and Sprint shall immediately cease any and all such use of the Authorized Phrase. (A)3.10.5.7 Sprint's advertising materials comply with all state and federal laws including but not limited to unfair competition,trade libel and trademark law. (A)3.10.6 Sprint acknowledges the value of the marks "Qwest",and "US WEST"(the "Marks")and the goodwill associated therewith and acknowledges that such goodwill is a property right belonging to Qwest Communications International,Inc.or their successor in interest (the "Owner").Sprint recognizes that nothing contained in this Agreement is intended as an assignment or grant to Sprint of any right,title or interest in or to the Marks and that this Agreement does not confer any right Page 26 Part A GeneralTerms or license to grant sub-licenses or permission to third parties to use the Marks and is not assignable.Sprint will do nothing inconsistent with the Owner's ownership of the Marks,and all rights,if any,that may be acquired by use of the Marks shall inure to the benefit of the Owner.Sprint will not adopt,use (other than as authorized herein),register or seek to register any mark anywhere in the world which is identical or confusingly similar to the Marks or which is so similar thereto as to constitute a deceptive colorable imitation thereof or to suggest or imply some association,sponsorship,or endorsement by the Owner. (A)3.10.7 The Parties understand that third party hardware or software vendors or others ("Third Party(ies)")whose products or alleged rights are utilized in Qwest's network may dispute the sufficiency of Qwest's rights to allow Sprint to deliver traffic over Qwest's network.In the event a Third Party requests compensation from Sprint or Qwest for Sprint's use of Qwest's network prior to the FCC's issuance of rules in Docket Nos. CC96-98 and CCPOL 97-9 resolving these issues,the Parties agree to work cooperatively toward resolution of the issue through negotiations with the Third Party.If,after a reasonable period of negotiation,either Party decides that the negotiations with the Third Party will not result in an agreeable solution, either party may request that the issue be resolved through expedited arbitration pursuant to the Dispute Resolution provisions hereof.The Parties will cooperate to influence the Third Party to also participate in the arbitration.Each party will bear responsibility for its own costs during the negotiation and the arbitration process.If an arbitrator or a court determines that reasonable compensation is due to the Third Party,Sprint agrees that such compensation attributable to Sprint's use of the Qwest network shall be paid by Sprint.Sprint's agreement to this provision is without prejudice to any position that it may have taken previously,or may take in the future in any legislative,regulatory,or other public forum addressing the subject matter hereof. Nothing in this section shall preclude Qwest from recovering their costs under applicable state and federal rules. (A)3.10.8 Nothing herein shall preclude either Party from referring to the other in comparative advertising,provided that such advertising is lawful under all applicable federal laws,including but not limited to the Lanham Act (as amended). (A)3.11 Warranties NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE PARTIES AGREE THAT NEITHER PARTY HAS MADE,AND THAT THERE DOES NOT EXIST,ANY WARRANTY,EXPRESS OR IMPLIED, Page 27 Part A General Terms INCLUDING BUT NOT LIMITED TO WARRANTIES OFMERCHANTABILITYANDFITNESSFORAPARTICULARPURPOSE. (A)3.12 Assignment (A)3.12.1 Neither Party may assign or transfer (whether by operation oflaworotherwise)this Agreement (or any rights or obligationshereunder)to a non-affiliated third party without the prior written consent of the other Party.Notwithstanding the foregoing,either Party may assign or transfer this Agreement to acorporateaffiliateoranentityunderitscommoncontrol.Anyattemptedassignmentortransferthatisnotpermittedisvoid ab initio.Without limiting the generality of the foregoing,thisAgreementshallbebindinguponandshallinuretothebenefit of the Parties'respective successors and assigns. The following language applies to the State of Minnesota only (A)3.12.1.Neither Party may assign or transfer (whether by operation of law or otherwise)this Agreement (or any rights or obligationshereunder)to a non-affiliated third party without the prior written consent of the other Party.Notwithstanding the foregoing,either Party may assign or transfer this Agreement to acorporateaffiliateoranentityunderitscommoncontrol.The Party making the assignment shall notify the Commission sixty(60)days in advance of the effective date of the assignment.Any attempted assignment or transfer that is not permitted isvoida_l2 initio.Without limiting the generality of the foregoing,this Agreement shall be binding upon and shall inure to thebenefitoftheParties'respective successors and assigns. (A)3.12.2 If the owner of the building or Qwest sells,transfers or assignsanyinterestinthebuilding,or there is any material change in the lease to which the building is subject,and such sale, transfer,assignment or material change in the lease gives rise to an obligation which is inconsistent with a Collocation Space license granted under this Agreement,US WEST'sperformanceunderthisAgreementshallbeexcusedtothe extent of the inconsistency.US WEST hereby agrees that itwilluseitsreasonableeffortstoavoidanysuchinconsistency;provided,however,that this obligation shall in no way obligate US WEST to incur any out of pocket expenses in its efforts toavoidsuchinconsistencies. (A)3.13 Default lf either Party defaults in the payment of any amount due hereunder,or ifeitherPartyviolatesanyothermaterialprovisionofthisAgreement,and Page 28 Part A GeneralTerms such default or violation shall continue for thirty (30)calendar days after written notice thereof (cure period),the other Party may seek relief in accordance with the Dispute Resolution provision of this Agreement.The failure of either Party to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment on its part of any such provision,but the same shall, nevertheless,be and remain in full force and effect. The following language applies to the State of Minnesotaonly If either Party defaults in the payment of any amount due hereunder,or if either Party violates any other material provision of this Agreement,and such default or violation shall continue for thirty (30)calendar days after written notice thereof (cure period),the other Party must notify the Minnesota Public Utilities Commission in writing and 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.Neither Party will disconnect the other without first obtaining the approval of the Commission. (A)3.14 Disclaimer of Agency Except for provisions herein expressly authorizing a Party to act for another, nothing in this Agreement shall constitute a Pady as a legal representative or agent of the other Party,nor shall a Party have the right or authority to assume,create or incur any liability or any obligation of any kind,express or implied,against or in the name or on behalf of the other Party unless otherwise expressly permitted by such other Pady.Except as otherwise expressly provided in this Agreement,no Party undertakes to pedorm any obligation of the other Party whether regulatory or contractual,or to assume any responsibility for the management of the other Party's business. (A)3.15 Nondisclosure The following language applies to the State of Minnesota only To the extent permitted by applicable law,either Party may disclose to the other proprietary or confidential customer,technical or business information. (A)3.15.1 All information,including but not limited to specifications, microfilm,photocopies,magnetic disks,magnetic tapes, drawings,sketches,models,samples,tools,technical information,data,employee records,maps,financial reports, and market data,(i)furnished by one Party to the other Party dealing with end user specific,facility specific,or usage specific information,other than end user information communicated for the purpose of providing directory assistance or publication of directory database,or (ii)in written,graphic,electromagnetic, Page 29 Part A GeneralTerms or other tangible form and marked at the time of delivery as "Confidential"or "Proprietary",or (iii)communicated anddeclaredtothereceivingPartyatthetimeofdelivery,or by written notice given to the receiving Party within ten (10) calendar days after delivery,to be "Confidential"or "Proprietary" (collectively referred to as "Proprietary Information"),shall remain the property of the disclosing Party.A Party whoreceivesProprietaryInformationviaanoralcommunication may request written confirmation that the material is ProprietaryInformation.A Party who delivers Proprietary Information via an oral communication may request written confirmation that the Party receiving the information understands that the material is Proprietary information. (A)3.15.2 Upon request by the disclosing Party,the receiving Party shall return all tangible copies of Proprietary Information,whether written,graphic or otherwise,except that the receiving Party may retain one copy for archival purposes. (A)3.15.3 Each Party shall keep all of the other Party's ProprietaryInformationconfidentialandshallusetheotherParty'sProprietaryInformationonlyinconnectionwiththisAgreement.Neither Party shall use the other Party's Proprietary Information for any other purpose except upon such terms and conditions as may be agreed upon between the Parties in writing. (A)3.15.4 Unless otherwise agreed,the obligations of confidentiality and non-use set forth in this Agreement do not apply to suchProprietaryInformationas: (A)3.15.4.1 was at the time of receipt already known to the receiving Party free of any obligation to keep itconfidentialevidencedbywrittenrecordsprepared prior to delivery by the disclosing Party;or (A)3.15.4.2 is or becomes publicly known through no wrongful act of the receiving Party;or (A)3.15.4.3 is rightfully received from a third person having no direct or indirect secrecy or confidentiality obligation to the disclosing Party with respect to such information;or (A)3.15.4.4 is independently developed by an employee, agent,or contractor of the receiving Party which individual is not involved in any manner with theprovisionofsenticespursuanttotheAgreement and does not have any direct or indirect access to the Proprietary Information;or Page 30 Part A GeneralTerms (A)3.15.4.5 is disclosed to a third person by the disclosing Party without similar restrictions on such third person's rights;or (A)3.15.4.6 is approved for release by written authorization of the disclosing Party;or (A)3.15.4.7 is required to be made public by the receivingPartypursuanttoapplicablelaworregulationprovidedthatthereceivingPartyshallgivesufficientnoticeoftherequirementtothe disclosing Party to enable the disclosing Party to seek protective orders. (A)3.15.5 Nothing herein is intended to prohibit a Party from supplyingfactualinformationaboutitsnetworkandTelecommunicationsServicesonorconnectedtoitsnetworktoregulatoryagenciesincludingtheFederalCommunicationsCommissionandthe Commission so long as any confidential obligation is protected. (A)3.15.6 Effective Date Of This Section.Notwithstanding any otherprovisionofthisAgreement,the Proprietary InformationprovisionsofthisAgreementshallapplytoallinformationfurnishedbyeitherPartytotheotherinfurtheranceofthe purpose of this Agreement,even if furnished before the date ofthisAgreement. (A)3.16 Survival Any liabilities or obligations of a Party for acts or omissions prior to thecancellationorterminationofthisAgreement;any obligation of a Party undertheprovisionsregardingindemnification,Confidential or ProprietaryInformation,limitations of liability,and any other provisions of thisAgreementwhich,by their terms,are contemplated to survive (or to beperformedafter)termination of this Agreement,shall survive cancellation orterminationhereof. (A)3.17 Dispute Resolution (A)3.17.1 If any claim,controversy or dispute between the Parties,theiragents,employees,officers,directors or affiliated agents should arise,and the Parties do not resolve it in the ordinary course of their dealings (the "Dispute"),then it shall be resolved in accordance with the dispute resolution process set forth inthisSection.Each notice of default,unless cured within theapplicablecureperiod,shall be resolved in accordance herewith. (A)3.17.2 At the written request of either Party,and prior to any other formal dispute resolution proceedings,each Party shall designate an officer-level employee,at no less than the vice Page 31 Part A General Terms president level,to review,meet,and negotiate,in good faith,to resolve the Dispute.The Parties intend that these negotiations be conducted by non-lawyer,business representatives,and the locations,format,frequency,duration,and conclusions of these discussions shall be at the discretion of the representatives.By mutual agreement,the representatives may use other procedures,such as mediation,to assist in these negotiations. The discussions and correspondence among therepresentativesforthepurposesofthesenegotiationsshallbetreatedasConfidentialInformationdevelopedforpurposesof settlement,and shall be exempt from discovery and production,and shall not be admissible in any subsequent arbitration orotherproceedingswithouttheconcurrenceofbothofthe Parties. (A)3.17.3 If the vice-presidential level representatives have not reached aresolutionoftheDisputewithinthirty(30)calendar days after the matter is referred to them,then either Party may demand that the Dispute be settled by arbitration.Such an arbitrationproceedingshallbeconductedbyasinglearbitrator,knowledgeable about the telecommunications industry.ThearbitrationproceedingsshallbeconductedunderthethencurrentrulesoftheAmericanArbitrationAssociation("AAA"). The Federal Arbitration Act,9 U.S.C.Sections 1-16,not state law,shall govern the arbitrability of the Dispute.The arbitrator shall not have authority to award punitive damages.All expedited procedures prescribed by the AAA rules shall apply. The arbitrator's award shall be final and binding and may beenteredinanycourthavingjurisdictionthereof.Each Party shall bear its own costs and attorneys'fees,and shall share equally in the fees and expenses of the arbitrator.Unless both Parties agree otherwise or required by the arbitrator,anyarbitrationhearingsshalltakeplaceinDenver,Colorado andOverlandPark,Kansas on an alternating basis.It is acknowledged that the Parties,by mutual,written agreement, may change any of these arbitration practices for a particular, some,or all Dispute(s). The following language applies to the State of Minnesota only (A)3.17.3.If the vice-presidential level representatives have not reached a resolution of the Dispute within thirty (30)calendar days after the matter is referred to them,then either Party may demand that the Dispute be settled by arbitration.Such an arbitrationproceedingshallbeconductedbyasinglearbitrator,knowledgeable about the telecommunications industry.Thearbitrationproceedingsshallbeconductedunderthethen current rules of the American Arbitration Association ("AAA"). The Federal Arbitration Act,9 U.S.C.Sections 1-16,not state law,shall govern the arbitrability of the Dispute.The arbitrator shall not have authority to award punitive damages.All Page 32 Part A GeneralTerms expedited procedures prescribed by the AAA rules shall apply. The arbitrator's award shall be final and binding and may be entered in any court having jurisdiction thereof subject to review by the Commission.The Parties shall submit a copy of each arbitration opinion to the Commission,the Department of Public Service,and the Office of the Attorney General,Residential and Small Business Utilities Division.The arbitrators decision shall prevail in effect unless the Commission decides otherwise within forty-five (45)days.Each Party shall bear its own costs and attorneys'fees,and shall share equally in the fees and expenses of the arbitrator.Unless both Parties agree otherwise or required by the arbitrator,any arbitration hearings shall take place in Denver,Colorado and Overland Park, Kansas on an alternating basis.It is acknowledged that the Parties,by mutual,written agreement,may change any of these arbitration practices for a particular,some,or all Dispute(s). The following language applies to the State of Montana only (A)3.17.3 If the vice-presidential level representatives have not reached a resolution of the Dispute within thirty (30)calendar days after the matter is referred to them,then either Party may demand that the Dispute be settled by arbitration.Such an arbitration proceeding shall be conducted by a single arbitrator, knowledgeable about the telecommunications industry.The arbitration proceedings shall be conducted under the then current rules of the American Arbitration Association ("AAA"). The Federal Arbitration Act,9 U.S.C.Sections 1-16,not state law,shall govern the arbitrability of the Dispute.The arbitrator shall not have authority to award punitive damages.All expedited procedures prescribed by the AAA rules shall apply. The arbitrator's award shall be final and binding and may be entered in any court having jurisdiction thereof,subject to review by the Commission.The Parties shall advise the Commission that they will be settling a dispute through arbitration as soon as reasonably possible and,in every instance,prior to retaining an arbitrator.The Parties shall file a copy of each arbitration opinion with the Commission within ten (10)days of service of same.Each Party shall bear its own costs and attorneys'fees,and shall share equally in the fees and expenses of the arbitrator.Unless both Parties agree otherwise or required by the arbitrator,any arbitration hearings shall take place in Denver,Colorado and Overland Park, Kansas on an alternating basis.It is acknowledged that the Parties,by mutual,written agreement,may change any of these arbitration practices for a particular,some,or all Dispute(s). (A)3.17.4 Should it become necessary to resort to court proceedings to enforce a Party's compliance with the dispute resolution Page 33 Part A General Terms process set forth herein,and the court directs or otherwise requires compliance herewith,then all of the costs and expenses,including its reasonable attorney fees,incurred by the Party requesting such enforcement shall be reimbursed by the non-complying Party to the requesting Party. (A)3.17.5 Nothing in this Section is intended to divest or limit the jurisdiction and authority of the Commission or the Federal Communications Commission as provided by state or federal law. (A)3.17.6 No Dispute,regardless of the form of action,arising out of this Agreement,may be brought by either Party more than two (2) years after the Party should have reasonably known of the grounds for the dispute. (A)3.18 Controlling Law This Agreement was negotiated by the Parties in accordance with the terms of the Act and the laws of the state where service is provided hereunder.It shall be interpreted solely in accordance with the terms of the Act,the FCC rules and the applicable state law in the state where the service is provided. The following language applies to the State of South Dakota only This Agreement was negotiated by the Parties in accordance with the terms of the Act and the laws of the State of South Dakota.It shall be interpreted solely in accordance with the terms of the Act,the FCC rules and the applicable laws of the State of South Dakota. (A)3.19 Joint Work Product This Agreement is the joint work product of the Parties and has been negotiated by the Parties and their respective counsel and shall be fairly interpreted in accordance with its terms and,in the event of any ambiguities, no inferences shall be drawn against either Party. (A)3.20 Responsibility for Environmental Contamination Neither Party shall be liable to the other for any costs whatsoever resulting from the presence or release of any environmental hazard that either Party did not introduce to the affected work location.Both Parties shall defend and hold harmless the other,its officers,directors and employees from and against any losses,damages,claims,demands,suits,liabilities,fines, penalties and expenses (including reasonable attorneys'fees)that arise out of or result from (i)any environmental hazard that the indemnifying Party,its contractors or agents introduce to the work locations or (ii)the presence or release of any environmental hazard for which the indemnifying Party is responsible under applicable law. Page 34 Part A GeneralTerms (A)3.21 Notices Any notices required by or concerning this Agreement shall be sent to thePadiesattheaddressesshownbelow: Qwest Director -Interconnectionlintegration 1801 California,Room 2410 Denver,CO 80202 With copy to: Qwest Law Department Attention:General Counsel,Interconnection 1801 California Street,51st Floor Denver,CO 80202 SPRINT Ken Ross,Director -Local Market Development 7301 College Blvd.(Mailstop:KSOPKVO212) Overland Park,KS 66210 With copy to: Richard Morris,Vice President,External Affairs -Local Markets 7301 College Blvd.(Mailstop:KSOPKVO214) Overland Park,KS 66210 This Section Intentionally Left Blank to Maintain Correct Pagination Each Party shall inform the other of any changes in the above addresses. (A)3.22 Responsibility of Each Party Each Party is an independent contractor,and has and hereby retains the right to exercise full control of and supervision over its own performance of its obligations under this Agreement and retains full control over the employment,direction,compensation and discharge of all employees assisting in the performance of such obligations.Each Party will be solely responsible for all matters relating to payment of such employees,includingcompliancewithsocialsecuritytaxes,withholding taxes and all otherregulationsgoverningsuchmatters.Each Party will be solely responsible for proper handling,storage,transport and disposal at its own expense of all (i)substances or materials that it or its contractors or agents bring to,create or assume control over at work locations or,(ii)waste resulting therefrom or otherwise generated in connection with its or its contractors'or agents' Page 35 Part A General Terms activities at the work locations.Subject to the limitations on liability and except as otherwise provided in this Agreement,each Party shall be responsible for (i)its own acts and performance of all obligations imposed by applicable law in connection with its activities,legal status and property, real or personal and,(ii)the acts of its own affiliates,employees,agents and contractors during the performance of that Party's obligations hereunder. (A)3.23 No Third Party Beneficiaries This Agreement does not provide and shall not be construed to provide third parties with any remedy,claim,liability,reimbursement,cause of action,or other privilege. The following language applies to the State of Minnesota only This Agreement does not provide and shall not be construed to provide third parties with any remedy,claim,liability,reimbursement,cause of action,or other privilege.Notwithstanding the foregoing,the Parties agree to give notice to the Commission of any lawsuits or other proceedings that involve or arise under the Agreement to ensure that the Commission has the opportunity to seek to intervene in these proceedings on behalf of the public interest. (A)3.24 Referenced Documents (A)3.24.1 All references to Sections shall be deemed to be references to Sections of this Agreement unless the context shall otherwise require.Whenever any provision of this Agreement refers to a technical reference,technical publication,Sprint practice, Qwest practice,any publication of telecommunications industry administrative or technical standards,or any other document specifically incorporated into this Agreement,it will be deemed to be a reference to the most recent version or edition (including any amendments,supplements,addenda,or successors)of such document that is in effect,and will include the most recent version or edition (including any amendments, supplements,addenda,or successors)of each document incorporated by reference in such a technical reference, technical publication,Sprint practice,Qwest practice,or publication of industry standards. (A)3.24.2 The existing configuration of either Party's network may not be in immediate compliance with the latest release of applicable referenced documents.Unless otherwise required by law, Sprint acknowledges that Qwest is not to be required to provide a superior network to Sprint than it provides to itself or other parties. (A)3.24.3 Sprint will have sixty (60)calendar days to review modifications by Qwest to Referenced Documents.If Sprint determines that Page 36 Part A General Terms the modifications materially and adversely affect its rights under this Agreement,the Parties agree to promptly negotiate a resolution.Sprint also has rights under the Dispute Resolution Section of this Agreement. (A)3.25 Publicity Neither Party shall publish or use any publicity materials with respect to the execution and delivery or existence of this Agreement without the prior written approval of the other Party. (A)3.26 Amendment Sprint and Qwest may mutually agree to amend this Agreement in writing. Since it is possible that amendments to this Agreement may be needed to fullysatisfy the purposes and objectives of this Agreement,the Parties agree to work cooperatively,promptly and in good faith to negotiate and implement any such additions,changes and corrections to this Agreement. The following language applies to the State of Minnesota only Sprint and Qwest may mutually agree to amend this Agreement in writing. Since it is possible that amendments to this Agreement may be needed to fullysatisfy the purposes and objectives of this Agreement,the Parties agree to work cooperatively,promptly and in good faith to negotiate and implement any such additions,changes and corrections to this Agreement.The Commission must approve of any amendment,modification,or supplement to this Agreement. (A)3.27 Executed in Counterparts This Agreement may be executed in any number of counterpads,each of which shall be deemed an original;but such counterpad shall together constitute one and the same instrument. (A)3.28 Headings of No Force or Effect The headings of Sections of this Agreement are for convenience of reference only,and shall in no way define,modify or restrict the meaning or interpretation of the terms or provisions of this Agreement. (A)3.29 RegulatoryApproval The Parties understand and agree that this Agreement will be filed with the Commission for approval.In the event the Commission rejects any portion of this Agreement,renders it inoperable or creates an ambiguity that requires further amendment,the Parties agree to meet and negotiate in good faith to arrive at a mutually acceptable modification that meets with regulatory approval. Page 37 Part A General Terms (A)3.30 Compliance Each Party shall comply with all applicable federal,state,and local laws, rules and regulations applicable to its performance under this Agreement. Without limiting the foregoing,Qwest and Sprint agree to take all action necessary to keep and maintain in full force and effect all permits,licenses, certificates,and other authorities needed to perform their respective obligations hereunder. (A)3.31 Customer Contacts Sprint shall provide the exclusive customer service interface to Sprint Customers in connection with the marketing,offering or provision of Sprint services.In those instances where Sprint requires Qwest personnel to interface directly with Sprint Customers in person,by telephone,or in writing, such personnel shall identify themselves as representing Sprint.In no event shall Qwest personnel acting on behalf of Sprint pursuant to this Agreement initiate dialogue to Sprint local service customers about Qwest products or services.Qwest shall not disparage Sprint during any customer contacts. (A)3.32 Compliance with the Communications Assistance Law Enforcement Act of 1994 ("CALEA") Each Party represents and warrants that any equipment,facilities or services provided to the other Party under this Agreement comply with CALEA.Each Party shall indemnify and hold the other Party harmless from any and all penalties imposed upon the other Party for such noncompliance and shall at the non-compliant Party's sole cost and expense,modify or replace any equipment,facilities or services provided to the other Party under this Agreement to ensure that such equipment,facilities and services fullycomply with CALEA. (A)3.33 Cooperation The Parties agree that this Agreement involves the provision of Qwest services in ways such services were not previously available and the introduction of new processes and procedures to provide and bill such services.Accordingly,the Parties agree to work jointlyand cooperatively in testing and implementing processes for pre-ordering,ordering, maintenance,provisioning and billing and in reasonably resolving issues which result from such implementation on a timely basis.Electronic processes and procedures are addressed in Part G of this Agreement. (A)3.34 Most Favored Nations Treatment The Parties agree to comply with Section 252(i)of the Act,and FCC and state rules promulgated hereunder. (A)3.35 Nonexclusive Remedies Page 38 Part A GeneralTerms AII rights of termination,cancellation or other remedies prescribed in this Agreement,or otherwise available,are cumulative and are not intended to be exclusive of other remedies to which the injured party may be entitled at law or equity in case of any breach or threatened breach by the other party of any provision of this Agreement.Use of one or more remedies shall not bar use of any other remedy for the purpose of enforcing the provisions of this Agreement. The obligations of the Parties and the services offered under this Agreement are unique.Accordingly,in addition to any other available rights or remedies, either Party may sue in equity for specific performance. (A)3.36 Privacy of Customer Information (A)3.36.1 Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of,and relating to, other telecommunication carriers,equipment manufacturers, and customers,including telecommunication carriers reselling telecommunications services provided by a telecommunicationscarrier. (A)3.36.2 A telecommunications carrier that receives or obtains proprietary information from another carrier for purposes of providing any telecommunications sentice shall use such information only for such purpose,and shall not use such information for its own marketing efforts. (A)3.36.3 Confidentiality of Customer Proprietary Network Information (A)3.36.3.1.Except as required by law or with the approval of the customer,a telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service shall only use, disclose,or permit access to individually identifiable customer proprietary network information in its provision of (A)the telecommunications service from which such information is derived,or (B)services necessary to,or used in,the provision of such telecommunications service,including the publishing of directories. (A)3.36.3.2 A telecommunications carrier shall disclose customer proprietary network information,upon affirmative written request by the customer,to any person designated by the customer. (A)3.37 Severability Page 39 Part A General Terms The Parties recognize that the FCC is promulgating rules addressing issuescontainedinthisAgreement.In the event that any one or more of theprovisionscontainedhereinshallforanyreasonbeheldtobeunenforceable in any respect under law or regulation,the remainder of the contract shallcontinuetohavefullforceandeffect,and the parties will negotiate in goodfaithforreplacementlanguage.If replacement language cannot be agreedupon,either party may seek Dispute Resolution under this Agreement Page 40 Part B Resale PART B -RESALE (B)1.Description (B)1.1 Qwest Basic Exchange Telecommunications Service,Basic Exchange Features,and IntraLATA Toll originating from Qwest exchanges will be available for resale from Qwest pursuant to the Act and will include terms and conditions (except prices)in Qwest Tariffs,where applicable.Where 1+ IntraLATA toll presubscription is not available,Qwest will provide IntraLATA Toll service to Sprint for resale.In states where 1+IntraLATA Toll presubscription is available Sprint has the option to arrange for another provider. Except as otherwise explicitly provided by applicable law,and where technically feasible,there shall be no restrictions on the resale,under 251 (C)(4),of stand alone regulated vertical features that are associated with telecommunications services. (B)1.2 When provided by Qwest,DSL services designed for and sold directly to residential and business end users are subject to the discounted resale obligations of Section 251(c)(4).Qwest will offer DSL services at the respective applicable customer retail discounts prescribed by the state commissions. (B)1.3 Sprint acknowledges that pursuant to Section 251(b)of the Act,it has an obligation to make telecommunication services available to Qwest for resale.Should Qwest wish to obtain services from Sprint for resale,Sprint will negotiate an agreement that addresses the same terms and conditions as exists within this Resale section and relevant Part A provisions.The Parties will negotiate the prices at which Qwest may purchase such services. (B)1.4 To the extent that the Commission has ruled,certain Qwest services are not available for resale under this Agreement and certain other Qwest services are available for resale but not at a discount,as identified in Part H or in individual state Tariffs.The availability of services and applicable discounts identified in Part H or in individual Tariffs are subject to change pursuant to the Rates and Charges subsection of this Resale section. (B)2.Terms and Conditions (B)2.1 Basic Exchange Telecommunications Semice,Basic Exchange Features, and intraLATA Toll may be resold only for their intended use and only to the same class of end user to which Qwest sells such services (e.g.,residence service may not be resold to business end users).Service provided directly to Sprint for its own use,such as administrative semices,must be identified by Sprint and Sprint must pay the full retail rates and prices for such services. Page 41 Part B Resale (B)2.2 Qwest shall provide to Sprint Telecommunications Services for resale that are equivalent,subject to the same conditions related to the delivery of Telecommunications Services (including the conditions in Qwest's effective Tariffs),within provisioning time intervals that are equivalent to the intervals Qwest provides these services to itself,its affiliates to the extent required by law,and similarly situated third party telecommunications carriers,including other Resellers and end users,and in accordance with any applicable Commission service quality standards,including standards the Commission may impose pursuant to Section 252 (e)(3)of the Act. (B)2.3 In the event that there are existing agreements between Sprint and Qwest for resale under Qwest retail Tariff discounts,Sprint may elect to continue to obtain services for resale under the existing agreements and retail Tariff discounts or Sprint may elect to terminate such existing agreements and obtain such services under this Agreement with the associated wholesale discount specified in Part H of this Agreement.Services obtained for resale are not entitled to both a retail Tariff discount and a wholesale discount. (B)2.4 Sprint will provide a one year forecast within ninety (90)calendar days of signing this Agreement.During the term of this Agreement,the forecast shall be updated and provided to Qwest on a quarterly basis or morefrequentlywhensignificantchangesintheforecastoccur.The initial forecast will provide: The estimated months that service will be offered (by city and/or state) The estimated type and quantity of service(s)which will be offered Sprint's anticipated number of service orders Name of Sprint's key contact personnel The information provided pursuant to this paragraph shall be considered Proprietary Information under the Nondisclosure Section of this Agreement. (B)2.5 Sprint may reserve blocks of Qwest telephone numbers as allowed by Tariffs. (B)2.6 Qwest will accept at no charge one primary listing for each main telephone number belonging to Sprint's end user based on end user informationprovidedtoQwestbySprint.Qwest will place Sprint's listings in Qwest's directory listing database for directory assistance purposes.Additional terms and conditions with respect to directory listings are described in the Ancillary Services Section of this Agreement. (B)2.7 Qwest shall provide to Sprint,for Sprint's end users,E911/911 call routing to the appropriate Public Safety Answering Point ("PSAP").Sprint must provide to Qwest accurate end-user information to ensure appropriate listings in any databases in which Qwest is required to retain and/or maintain end-user information.Qwest shall provide and validate Sprint's end userinformationtotheALl/DMS.Qwest shall use its standard process to update and maintain,on the same schedule that it uses for its end users,Sprint's end user service information in the ALl/DMS ("Automatic Location Identification/Database Management System")used to support E911/911 Page 42 Part B Resale services.Qwest assumes no liability for the accuracy of information provided by Sprint. (B)2.8 If Qwest provides and Sprint accepts operator services,directory assistance,and IntraLATA long distance as a part of the resold line,it will be offered with standard Qwest branding.At the request of Sprint and where technicallyfeasible,Qwest will rebrand operator services and directory assistance inSprint's name,provided the charges associated with such rebranding are paid by Sprint in accordance with Section (G),Branding,herein. (B)2.9 Sprint shall designate the Primary Interexchange Carrier (PIC)assignments on behalf of its end users for InterLATA services and IntraLATA services when IntraLATA presubscription is implemented. (B)2.10 When end users switch from Qwest to Sprint,or to Sprint from any other Reseller,such end users shall be permitted to retain their current telephone numbers if they so desire and do not change their service address to an address served by a different central office.Qwest shall take no action topreventSprintendusersfromretainingtheircurrenttelephonenumbers. (B)2.11 Sprint is liable for all fraud associated with service to its end-users and accounts.Sprint will take responsibility for investigating fraud associated with their use of Qwest resold services and,if appropriate,will demonstrate to Qwest that Qwest shares responsibility for the resulting fraud.WhereSprintandQwestarejointlyresponsibleforthefraud,each will shareresponsibilityfortheresultinglossofrevenue.When fraudulent or potentiallyfraudulentsituationsarediscovered,the Parties will take immediatecorrectiveaction.Notwithstanding the above,if Qwest becomes aware ofpotentialfraudwithrespecttoSprint's accounts,Qwest will promptly informSprintand,at the direction of Sprint,take reasonable action to mitigate the fraud where such action is within Qwest's control. (B)2.12 Resold services are available where facilities exist and are capable of providing such services without construction of additional facilities orenhancementofexistingfacilities.However,if Sprint requests that facilities be constructed or enhanced to provide resold senrices,Qwest will review such requests on a case-by-case basis and determine if it is economicallyfeasibleforQwesttobuildorenhancefacilities.If Qwest decides to build orenhancetherequestedfacilities,Qwest will develop and provide to Sprint a price quote for the construction.Construction charges associated with resold services will be applied in the same manner that construction charges apply to Qwest's retail end users.If the quote is accepted,Sprint will be billed thequotedpriceandconstructionwillcommenceafterreceiptofpayment. The following language applies to the State of Montana only (B)2.12 Resold services are available where facilities exist and are capable ofprovidingsuchsenticeswithoutconstructionofadditionalfacilitiesorenhancementofexistingfacilitiesunlessotherwiserequiredbyMontanalaw. However,if Sprint requests that facilities be constructed or enhanced toprovideresoldservices,Qwest will review such requests on a case-by-case Page 43 Part B Resale basis and determine if it is economically feasible for Qwest to build or enhance facilities.If Qwest decides to build or enhance the requested facilities,Qwest will develop and provide to Sprint a price quote for the construction.Construction charges associated with resold services will be applied in the same manner that construction charges apply to Qwest's retail end users.If the quote is accepted,Sprint will be billed the quoted price and construction will commence after receipt of payment. (B)2.13 In the event Qwest terminates the provisioning of any resold services to Sprint for any reason,including Sprint's non-payment of charges,Sprint shall be responsible for providing any and all necessary notice to its end users of the termination.In no case shall Qwest be responsible for providing such notice to Sprint's end users.Qwest will provide notice to Sprint of Qwest's termination of a resold service on a timely basis consistent with Commission rules and notice requirements. (B)2.14 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. (B)2.15 If Qwest continues to sell a product to any end-user under grandfathered arrangements,Qwest must make that product available for resale by Sprint to that end-user.If a service is withdrawn from certain customers remains available to other customers,that service must be made available for resale to those customers that could still purchase the service at retail. (B)2.16 Qwest will provide Sprint with the same advance notice it provides the state commission for changes to resold products and services,except that when a product or service is discontinued,Qwest will provide Sprint with thirty (30) days advance notice.The information will be submitted to Sprint in a safe harbor environment and will be used exclusively to make the necessary modifications to its Operations Support and Billing Systems,and to provide its customers with notification of the changeldiscontinuance of the service. The information shall not be used for any other purpose,including but not limited to,marketing purposes. (B)3.Rates and Charges (B)3.1 Pursuant to FCC Rules as effective,regulated Telecommunication Services, including promotions over ninety (90)days,discounts,and option plans, must have a corresponding wholesale rate as referenced in Part H.New Qwest regulated telecommunication services shall have a wholesale rate established at the same time the new service becomes available pursuant to FCC rules as effective. (B)3.2 The Telecommunications Services identified in Part H are available for resale at the wholesale discount percentage shown in Pad H. Telecommunications Sentices available for resale but excluded by the Commission from the wholesale pricing arrangement in this Agreement are available at the retail Tariff rates. Page 44 Part B Resale (B)3.3 The Customer Transfer Charges (CTC)as specified in Part H apply when transferring services to Sprint. (B)3.4 A Subscriber Line Charge (SLC),or any subsequent federally mandated charge to end users,will continue to be paid by Sprint 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 Tariffs also apply. (B)3.5 Sprint will pay to Qwest the PIC change charge without discount for Sprint end user changes of interexchange or IntraLATA carriers.Any change in Sprint's end users'interexchange or IntraLATAcarrier must be requested by Sprint on behalf of its end user. (B)3.6 Sprint agrees to pay Qwest when its end user activates any services or features that are billed on a per use or per activation basis (e.g.,continuous redial,last call return,call back calling,call trace,etc.).Access to these services will not be turned up if Sprint requests that those services be blocked and if Qwest offers such blocking to its End Users.Qwest will bill Sprint the same charges with a wholesale discount that Qwest bills its End Users for providing blocking sentices.Qwest shall provide Sprint with detailed billing information (per applicable OBF guidelines,if any)as necessary to permit Sprint to bill its end users such charges. (B)3.7 Qwest shall provide to Sprint,on a per-line basis,the ability to request blocking services that Qwest offers to its end users,e.g.,700,900,976. (B)3.8 Product specific non-recurring charges,as set forth in Qwest's applicable Tariffs,without a discount,will apply when additional lines,trunks or circuits are added or when the end user adds features or services to existing line or trunks. (B)3.9 Miscellaneous charges,if applicable,will be consistent with charges for equivalent sentices ordered by Qwest end users. (B)3.10 When end-user accounts are converted to Sprint accounts,all Qwest calling cards will automatically be terminated at conversion. (B)3.11 If the Commission orders additional services to be available for resale or removes the resale requirement for a service,the Parties agree that they will revise Part H to incorporate the changes required by such order into this Agreement,effective on the date ordered by the Commission.If the Commission indicates those additional services must be available for resale at wholesale discount rates,those additional services will be added to this Agreement at the Commission ordered wholesale discount rate.If the Commission,through a cost proceeding,establishes wholesale discount rates and other resale charges to be made generally available to Resellers or establishes a resale Tariff,the Parties agree that they will revise Part H to incorporate the Commission ordered wholesale discount rates and/or other resale charges into this Agreement effective on the date ordered by the Commission. Page 45 Part B Resale (B)3.12 Qwest shall have a reasonable time to implement system or other changesnecessarytobilltheCommissionorderedratesorcharges. (B)3.13 If the resold services are purchased pursuant to Tariffs and the Tariff rateschange,charges billed to Sprint for such services will be based upon the new Tariff rates less the applicable wholesale discount,if any,as agreed tohereinorasestablishedbyCommissionorderand/or resale Tariff.The new rate will be effective upon the Tariff effective date. (B)4.Ordering Process (B)4.1 Sprint,or Sprint's agent,shall act as the single point of contact for its endusers'service needs,including without limitation,sales,service design,ordertaking,provisioning,change orders,training,maintenance,trouble reports,repair,post-sale servicing,billing,collection and inquiry.Sprint shall make itcleartoitsendusersthattheyareendusersofSprintforresoldservices.Sprint's end users contacting Qwest will be instructed to contact Sprint. (B)4.2 Qwest will provide pre-ordering information to Sprint pursuant to Section(G)2. (B)4.3 For the period of time that a customer has chosen Sprint as their localserviceprovider,Sprint assumes custodianship of Telephone Line Number ("TLN"). (B)4.4 When Sprint resells Qwest local service (becomes the end-user's local service provider),Qwest shall process all PIC changes provided by Sprint onbehalfoftheIXCs.If PIC changes are received directly by Qwest from the IXC,Qwest shall reject the PIC change back to the IXC with the OCN ofSprintwhenavailableintheappropriatefieldoftheindustrystandardCARErecord. (B)4.5 Sprint shall transmit to Qwest all information necessary for the ordering (billing,listing and other information),installation,repair,maintenance andpost-installation senticing according to Qwest's standard procedures,asdescribedintheQwestInterconnect&Resale Resource Guide available onQwest's Web site.Information shall be provided using Qwest's designatedLocalServiceRequest(LSR)format which may include the LSR,end user and resale forms.Sprint must send Qwest complete and accurate end userlistinginformationforDirectoryAssistance,Directory Listings,and 911 Emergency Services using Qwest's designated resale directory listing orderforms.When Qwest's end user or the end user's new service provider orders the discontinuance of the end user's existing service in anticipation ofmovingtoanotherserviceprovider,Qwest will render its closing bill to theendusereffectivewiththedisconnection.If a Sprint end user discontinues service from Sprint and subsequently Qwest's service to Sprint isdiscontinued,Qwest will issue a bill to Sprint for that portion of the serviceprovidedtoSprint.Qwest will notify Sprint by FAX,OSS interface,or otheragreeduponprocesseswhenanendusermovestoanothersenriceprovider. Page 46 Part B Resale Qwest will not provide Sprint with the name of the other service provider selected by the end user. (B)4.6 Sprint shall provide Qwest and Qwest shall provide Sprint with points of contact for order entry,problem resolution and repair of the resold services. (B)4.7 Due date interval standards are addressed in the Interconnect &Resale Resource Guide. (B)4.8 When Qwest provides short installation intentals to its end-users,via soft dial tone,(e.g.facilities are already connected at the premises and all that is required is a computer entry activating service,such as "warm line" activation),Qwest shall match those installation intervals for Sprint once the order is received from Sprint. (B)4.9 Firm Order Confirmation (FOC)guidelines are addressed in the Interconnect &Resale Resource Guide. (B)4.9.1 When Sprint initiates an order with a due date that is within the Qwest Standard,and Qwest cannot meet this date,Qwest will issue an FOC to Sprint with a new due date.If Sprint's end user cannot accept this date,Sprint will escalate the order to Qwest's Service Center.If Qwest can improve the due date interval,but cannot meet the original requested date,Sprint is required to initiate a supplemental order indicating the re- negotiated due date.Qwest will initiate a revised FOC with the agreed to date.In this scenario,Sprint should not be charged for the supplemental order activity as the original due date was within the current interval date for Qwest. (B)4.10 Qwest will provide completion notification that is equal to that provided to Qwest end users. (B)4.11 Qwest will provide Design Layout Records when requested under terms and conditions consistent with Qwest end users. (B)4.12 Qwest will handle jeopardies based upon the same pedormance standards and criteria as Qwest provides to its end users.Sprint jeopardies will be worked with the equivalent priority as Qwest jeopardies. (B)5.Billing (B)5.1 Qwest shall bill Sprint and Sprint is responsible for all applicable charges for the resold services as provided herein.Sprint shall also be responsible for all Tariffed charges and charges separately identified in this Agreement associated with services that Sprint resells to an end user under this Agreement. (B)5.2 Qwest shall provide Sprint,on a monthly basis,within 7-10 calendar days of the last day of the most recent billing period,in an agreed upon standard electronic billing format as detailed in Pad G,billing information including (1) Page 47 Part B Resale a summary bill,and (2)individual end user sub-account information consistent with the samples available for Sprint review. (B)6.Maintenance and Repair Sprint and Qwest will employ the procedures for handling misdirected repair calls as specified in the Maintenance and Repair Section of this Agreement. Page 48 Part C ReciprocalTraffic Exchange PART C -RECIPROCAL TRAFFIC EXCHANGE (C)1.Interconnection Facility Options (C)1.1 This Section describes the technical Interconnection of Qwest's network and Sprint's own network for the purpose of exchanging Exchange Service (EAS/Local),Exchange Access (IntraLATA Toll)and Jointly Provided Switched Access (InterLATA and IntraLATA presubscribed/dial around) traffic.Qwest will provide Interconnection at the trunk side of its tandems and its end office switches,in the same manner Qwest connects its own switches,and at central office cross-connect points.Qwest will also provide Sprint with access to signaling transfer points and call related databases necessary for call set up for the exchange of traffic."Interconnection"is as described in the Act and refers to the connection between networks for the purpose of transmission and routing of telephone Exchange Senrice (EAS/Local),Exchange Access intraLATA Toll)and Jointly Provided Switched Access (InterLATA and IntraLATA presubscribed/dial around) traffic.Interconnection is provided for the purpose of connecting end office switches to end office switches or end office switches to local tandem switches for the exchange of Exchange Senrice (EAS/Local)traffic;or end office switches to access tandem switches for the exchange of Exchange Access (IntraLATA Toll)or Jointly Provided Switched Access (InterLATA and IntraLATA presubscribed/dial around)traffic.Local tandem to local tandem switch connections will be provided where technically feasible. Local tandem to access tandem and access tandem to access tandem switch connections are not generally provided.However,if at such time Qwest shall redesign its network to have local tandems connect to its access tandems for itself,then Qwest shall do so for Sprint to the extent Qwest does so for itself.Interconnection will be provided at rates,terms and prices that are just,reasonable and non-discriminatory,in a timely manner, and in a manner that provides Sprint with at least interconnection quality equal to that which Qwest provides to itself,a subsidiary,its affiliates,or anyotherpartyasrequiredbylaw.This paragraph does not describe the reciprocal compensation arrangements between the Parties;reciprocal compensation arrangements are discussed in Section (C)2 of this Agreement. (C)1.2 Methodsof Interconnection The Parties will mutuallyagree to the facilities arrangement to be established between their networks.Sprint shall establish a Point of Interconnection (POl)in each Qwest Local Calling Area where it does business.A POl may be used to establish trunks to all end offices that are local to the end office where the POl resides.Sprint will establish,via the common POl,separate trunk groups for each Qwest local tandem and/or end office within the local calling area or areas associated with the POI consistent with this Agreement. The POl determines the point at which the originating carrier shall pay the terminating carrier for the completion of traffic. Page 49 Part C Reciprocal Traffic Exchange (C)1.3 Points of Interconnection (POl) Internet traffic will be routed on Local/EAS trunks unless and until the FCC prohibition on charging access rates for internet traffic is lifted,at which time the Parties will negotiate how internet traffic will be routed. Sprint may request any modifications or additions to its designated POl's in order to add capacity or establish new POl's.Such changes may require mutual agreement between the Parties. The following alternatives for establishing Interconnection are negotiable: (1)a DS1 or DS3 entrance facility;(2)Collocation (either Virtual or Physical); (3)negotiated Mid-Span Meet facilities;or (4)LIS Inter Local Calling Area Facility;(Existing Hub Locations are grandfathered for the term of this Agreement) (C)1.3.1 Entrance Facility Interconnection may be accomplished through the provision of a DS1 or DS3 entrance facility,where facilities exist.An entrance facility extends from the Qwest Serving Wire Center to Sprint's switch location.Entrance facilities may not extend beyond the area served by the Qwest Serving Wire Center. The rates for entrance facilities are provided in Part H.Qwest's Private Line Transport sentice is available as an alternative to entrance facilities,when Sprint uses such Private Line Transport service for multiple services.The Entrance Facility cannot be used to pick up/connect to Unbundled Network Elements (UNEs). (C)1.3.2 Collocation Interconnection may be accomplished through the Collocation arrangements offered by Qwest.The terms and conditions under which Collocation will be available are described in the Collocation Section of this Agreement.The rates for the Expanded Interconnection Channel Termination (EICT)are provided in Part H of this Agreement. (C)1.3.3 Mid-Span Meet POl A Mid-Span Meet POl is a mutuallyagreed to Point of Interface, between the Qwest Wire Center and Sprint's switch location. The Mid-Span Meet POI may not extend beyond the area served by the Qwest Wire Center.The actual physical Point of Interface and facilities used will be the result of a mutual agreement between the Parties.Each Party will be responsible for its portion of the build to the Mid-Span Meet POI.The Mid- Span Meet POl cannot be used to pick up/connect to UNEs. Page 50 Part C Reciprocal Traffic Exchange (C)1.3.4 Hub Location No new Hub location arrangements may be ordered pursuant to this contract. (C)1.3.4.1 When Sprint locates its switch outside the Local Calling Area,the Hub Location Point of Interface is available to establish Sprint's Point of Interface within the Local Calling Area under the following provisions. (C)1.3.4.2 The Hub Location Point of Interface,limited to use with Local Interconnection Service for Exchange Service (EAS/Local)traffic,may be established at a Qwest Central Office at which multiplexing is performed. (C)1.3.4.3 The physical arrangement of a POl at a Hub location consists of: (C)1.3.4.3.1 A DS1 or DS3 Private Line Transport Service facility from Sprint's POl (in another Qwest Local Calling Area)to the Qwest Hub location,leased from Qwest,and; (C)1.3.4.3.2 A Private Line Transport Service multiplexer at the Hub location, leased from Qwest.Where a multiplexer is not required,a digital cross connect bay at the hub location can be designated as the POl. (C)1.3.4.4 Hub location traffic from Sprint will be transported in the EAS/Local Calling Area where the hub location is located only.Qwest will not be required to pass EAS/Local traffic of the hub location calling area to Sprint at any other location other than the leased DS3 multiplexer or digital cross connect bay as applicable. (C)1.3.4.5 Rates,terms and conditions for ordering and billing Private Line Transport Services are found in the state and interstate Private Line catalogs and Tariffs. (C)1.3.4.6 The Hub Location POl cannot be used to pick up/connect to UNEs. Page 51 Part C Reciprocal Traffic Exchange (C)1.3.5 Host Remote Interconnection When Sprint competes in a Qwest Local Calling Area where end users are served by a remote switch,Sprint will interconnect at the host office.Once Sprint establishes an interconnection arrangement with a Qwest host office,that interconnection arrangement will also be used for exchanging traffic destined to all remote switches associated with that host. When a host serves a remote located in the same local calling area,tandem transmission rates are applicable for the traffic carried by Qwest between the host and the remote.In those situations where a host serves remote switches in different Local Calling Areas,separate local trunk groups,associated with each Local Calling Area,are required into the host.Qwest will deliver the traffic to the remote at no additional cost to Sprint.This interconnection arrangement cannot be used by Sprint to pick up UNEs associated with the remote switch location. (C)1.3.6 LIS Inter Local Calling Area (LCA)Facility (C)1.3.6.1 Sprint may request Qwest-provided facilities to transport Exchange Service EAS/Local Traffic from a virtual local POI ("Local POl")in a Qwest local calling area to a POI located in an EAS/local serving area in which Sprint desires to serve customers,the LIS InterLCA Facility product is available to establish a CLEC POl to serve this distant EAS/local serving area (a "distant POl"). The Qwest-provided facilities interconnecting a Qwest local calling area to a distant POI are LIS Inter Local Calling Area (LCA)facilities. (C)1.3.6.2 The actual origination of the LIS InterLCA Facility shall be in the Qwest Wire Center located in the distant EAS/local serving area where Sprint has a physical presence and has established the distant POI.Sprint may use interconnection arrangements (1),(2),or (3),as outlined in the Interconnection --Interconnection Facility Options Section,to establish the distant POl. (C)1.3.6.3 If the distance between the Qwest Central Office in the local calling area and the distant POl is twenty (20)miles or less,the fixed and per-mile rates for Direct Trunk Transport (DTT)shall apply in accordance with Exhibit A. (C)1.3.6.4 If the distance between the Qwest Central Office in the local calling area and the distant POI is greater than twenty (20)miles,the fixed and per-mile DTT Page 52 Part C Reciprocal Traffic Exchange rates shall apply to the first twenty (20)miles in accordance with Exhibit A,and the remaining miles are rated as intrastate monthly fixed and per mile DS1 Private Line Transport Services.The Private Line Transport Services rates arecontainedintheapplicablestatePrivateLine catalogs and Tariffs. (C)1.3.6.5 Qwest will reduce the rate for the first twenty (20) miles of the InterLCA facility to reflect the portion of the InterLCA facility that is used by Qwest to transport Qwest-originated traffic to Sprint,in accordance with the Interconnection --ReciprocalCompensationSectionofthisAgreement.Qwest shall not be required to reduce the Private Line Transport Services rates for the portion of theInterLCAfacilitythatexceedstwenty(20)miles inlength. (C)1.3.6.6 In addition,Sprint may choose to purchase a Private Line Transport Services DS3 from Qwest as a Customer Facility Assignment (CFA)on which the LIS InterLCA Facility would ride.Sprint will purchase a Private Line DS3 to DS1multiplexertosupporttheDS1InterLCAFacility.If Sprint chooses to utilize a Private Line DS3 as CFA,these rates will be billed out of the applicable Private Line Transport Services catalogs or Tariffs.This DS3 Private Line service must originate from distant POl and terminate in the Qwest Central Office in the local calling area. (C)1.3.6.7 The LIS InterLCA Facility may be used only to transport local exchange traffic between Qwest and Sprint customers located within the Qwest local calling area. (C)1.3.6.8 The LIS InterLCA Facility cannot be used to access unbundled network elements. (C)1.3.6.9 The LIS InterLCA Facility is available only where facilities are available.Qwest is not obligated to construct new facilities to provide a LIS InterLCA Facility. (C)2.Reciprocal Traffic Exchange (C)2.1 Description (C)2.1.1 Sprint may elect to pick up and/or deliver its traffic to Qwest utilizing a third party provider.If Sprint elects to deliver its Page 53 Part C Reciprocal Traffic Exchange originating traffic to Qwest through a third party,Qwest will not be denied the right to deliver its originating traffic directly to Sprint.In this event,Sprint will make reasonable accommodations so Qwest can make a one-way trunkconnectiontotheSprintswitch.Sprint and Qwest agree that,in these situations,Sprint traffic will be treated as third party traffic by Qwest. (C)2.1.2 Reciprocal traffic exchange addresses the exchange of traffic between Sprint's network and Qwest's network.If such traffic is Exchange Service (EAS/Local),the provisions of thisAgreementshallapply. (C)2.1.3 Where either Party acts as an Exchange Access IntraLATAToll provider,each Party shall bill the other access rates using theirrespectivetariffedswitchedaccessrates.In the absence of aspecificallyfiledSprintexchangeaccessInterLATATolltariff, Sprint shall bill Qwest using Qwest's Tariffed Switched Access rates as a surrogate.Each Party's rates will be cost based and will comply with the Commission's cost based methodology,if any.Sprint will provide notice to Qwest of changes in their respective Switched Access rates at the same time SprintnotifiestheCommission.Where either Party interconnects and delivers traffic to the other from third parties,each Party shall bill such third padies the appropriate charges pursuant to its respective Tariffs or contractual offerings for such third panyterminations. (C)2.1.4 The traffic types to be exchanged under this Agreement include: (C)2.1.4.1 Exchange Service (EAS/Local)traffic as defined in this Agreement. (C)2.1.4.2 Internet traffic. (C)2.1.4.3 Exchange Access (IntraLATA Toll)traffic as defined in this Agreement. (C)2.1.4.4 Jointly Provided Switched Access (InterLATA and IntraLATA presubscribed/dial around)traffic as defined in Access Tariffs and referenced in this Section. (C)2.1.4.5 Transit traffic is any traffic that originates from one Telecommunications Carrier's network,transits another Telecommunications Carrier's network, and terminates to yet another Telecommunications Carrier's network.For the purposes of this Agreement,transit traffic does not include traffic Page 54 Part C Reciprocal Traffic Exchange carried by Interexchange Carriers.That traffic is defined as Jointly Provided Switched Access. (C)2.1.4.6 Transit service is provided by Qwest,as a local and access tandem provider,to Sprint to enable the completion of calls originated by or terminated to another Telecommunications Carrier (such as another CLEC,an existing LEC,or a wireless carrier),which is connected to Qwest's local or access tandems.To the extent that Sprint's switch functions as a local or access tandem switch,as defined in this Agreement,Sprint may, at its option,provide transit service to Qwest. (C)2.1.5 Ancillary traffic includes all traffic destined for ancillary services, or that may have special billing requirements,including,but not limited to the following: (C)2.1.5.1 Directory Assistance (C)2.1.5.2 911/E911 (C)2.1.5.3 Operator busy line interrupt and verify (C)2.1.5.4 Toll free services (C)2.1.6 Ancillary services are addressed in Part F of this Agreement. (C)2.2 Terms and Conditions (C)2.2.1 Transport and Termination of Exchange Service (EAS/Local) Traffic and Internet Traffic. (C)2.2.1.1 Exchange Service (EAS/Local)traffic will be terminated as Local Interconnection Service (LIS). (C)2.2.1.2 As negotiated between the Parties,the transport of Exchange Service (EAS/Local)traffic may occur in several ways: (C)2.2.1.2.1 Two-way trunk groups will be established wherever possible; however,either Party may elect to provision its own one-way trunks for delivery of Exchange Service (EAS/Local)traffic to be terminated on the other Party's network based on the exceptions provided in this Section (see also Section (C)2.2.8.). Page 55 Part C Reciprocal Traffic Exchange (C)2.2.1.2.2 The Parties may elect to purchase transport services from each other or from a third party.Such transport provides a transmission path for the LIS trunk to deliver the originating Party's local traffic to the terminating Party's end office or local tandem for call termination.Transport may be purchased from Qwest or Sprint as tandem routed (i.e.,tandem switching,tandem transmission and direct trunked transport)or direct routed (i.e.,direct trunked transport). (C)2.2.1.3 When Sprint elects to order additional trunks using standard industry engineering principles,based on forecasted or actual traffic at Sprint's busy hour, and there is a DS1 worth of traffic (512 CCS) between Sprint and a Qwest end office,the ordered trunks will be direct trunks to Qwest's end office.Where a local tandem exists,Sprint may deliver traffic for the offices connected to the local tandem subject to the requirement to establish direct trunks when traffic during the busy hour exceeds 512 CCS to an end office.To the extent that Sprint has established a Collocation arrangement at a Qwest end office location,and has available capacity,the Parties agree that Sprint shall provide two-way direct trunk facilities, when required,from that end office to Sprint's switch.In all other cases,the direct facility may be provisioned by Qwest or Sprint or a third party.If both Sprint and Qwest desire to provision the facility and cannot otherwise agree,the Parties may agree to resolve the dispute through the submission of competitive bids. (C)2.2.1.4 LIS ordered to a local tandem will be provided as Direct Trunked Transport between the serving Wire Center of Sprint's POI and the local tandem. Tandem switching and tandem transmission rates, as specified in Part H of this Agreement,will apply to the transport provided from the local tandem to Qwest's end office.Direct-trunked transpon facilities are provided as facilities without the tandem switching functions,for the use of either Party between the point of interconnection and the terminating end office or tandem switch. (C)2.2.1.5 When Qwest receives a call routed in error from Sprint to a number that has been ported to another Page 56 Part C ReciprocalTraffic Exchange Qwest central office within the EAS/Local Calling Area,Qwest will perform a routing query,re-route the call and apply the appropriate tandem transmission rates. (C)2.2.2 Transport and Termination of Exchange Access (IntraLATA Toll)Traffic Exchange Access (IntraLATA Toll)traffic shall be delivered to Qwest at the IntraLATA access tandem or via separate trunks to Qwest's end office(s),as designated by Sprint.It will be provided as Direct Trunked Transport between the senting Wire Center of Sprint's POI and the access tandem.Tandem transmission rates will apply to the transpon provided from the access tandem to Qwest's end office. (C)2.2.3 Transit Traffic (C)2.2.3.1 Qwest will accept traffic originated by Sprint for termination to another CLEC,existing LEC or wireless carrier that is connected to Qwest's local and/or access tandems.Qwest will also terminate traffic from these other Telecommunications Carriers to Sprint. (C)2.2.3.2 In the case of Exchange Access (IntraLATA Toll) traffic,where Qwest is the designated IntraLATA Toll provider for existing LECs,Qwest will be responsible for payment of appropriate usage rates. (C)2.2.3.3 To the extent technically feasible,the Parties involved in transporting transit traffic will deliver calls to each involved network with CCS/SS7 Protocol and the appropriate ISUP/TCAP messages to facilitate full interoperability and billing functions. (C)2.2.3.4 The originating company is responsible for payment of appropriate rates to the transit company and to the terminating company.Qwest will not pay Sprint reciprocal compensation for Transit Traffic that is not originated by Qwest. (C)2.2.3.5 In the case of IntraLATA Toll traffic,where Qwest is the designated IntraLATA Toll provider for existing LECs,Qwest will be responsible for payment of appropriate usage rates. (C)2.2.3.6 When Qwest receives a call from Sprint to a number that has been ported to another local Page 57 Part C Reciprocal Traffic Exchange service provider,Qwest will consider such calls astransittraffic.This includes all Sprint originatedcallsregardlessofwhoperformedthequery. (C)2.2.3.7 Jointly Provided Switched Access (InterLATA andIntraLATApresubscribed/dial around):The Parties will use industry standards developed tohandletheprovisionandbillingofjointlyprovided switched access (MECAB,MECOD,and the Parties'FCC and state access Tariffs).Each Party will bill the IXC the appropriate portion of its Switched Access rates.Qwest will also providetheone-time notification to Sprint of the billing name,billing address and carrier identificationcodesoftheIXC's subtending any access tandems to which Sprint directly connects.ThistypeoftrafficisdiscussedseparatelyinthisSection. (C)2.2.4 Interface Code Availability. Supervisory signaling specifications,and the applicablenetworkchannelinterfacecodesforLIStrunks,can be found intheTechnicalPublicationforLocalInterconnectionService77398. (C)2.2.5 Switching Options. (C)2.2.5.1 SS7 Out of Band Signaling. SS7 Out of Band Signaling is available for LIS trunks.SS7 Out-of-Band Signaling must berequestedontheorderforthenewLIStrunks. Common Channel Signaling Access Capability Service,as set forth in this Agreement,must beorderedbySprintwhenSS7Out-of-BandSignalingisrequestedonLIStrunks.MF signaling may be requested on an individual case basis,to meet a Party's unique requirement which is incompatible with SS7 signaling. (C)2.2.5.2 Clear Channel Capability. Clear Channel Capability (64CCC)permits 24 DSO-64 Kbps services or 1.536 Mbps ofinformationonthe1.544 Mbps fine rate.64CCC isavailableforLIStrunksequippedwithSS7Out-of-Band Signaling.64CCC must be requested on theorderforthenewLIStrunks.Qwest will identify for Sprint those switches capable of routing 64CCC traffic,as requested (see also Section (C)2.2.8.2). Page 58 Part C Reciprocal Traffic Exchange (C)2.2.6 Measurement of terminating local Interconnection minutes begins when the terminating LIS entry switch receives answer supervision from the called end user's end office indicating the called end user has answered.The measurement of terminating call usage over LIS trunks ends when the terminating LIS entry switch receives disconnect supervision from either the called end user's end office,indicating the called end user has disconnected,or Sprint's Point of Interconnection,whichever is recognized first by the entry switch.This is commonly referred to as "conversation time". Qwest will only charge Sprint for actual minutes of use and/or fractions thereof of completed calls.Minutes of use are aggregated at the end of the billing cycle by end office and rounded to the nearest whole minute. (C)2.2.7 LIS Forecasting (C)2.2.7.1 The Parties will work in good faith to define a mutually agreed upon forecast of LIS trunking. Qwest and Sprint will meet quarterly during the first year of operation to exchange technical descriptions and forecasts of their interconnection and traffic requirements in sufficient detail to ensure traffic completion to and from all customers within the appropriate calling areas.After the first year,the Parties will mutually agree to a forecast meeting schedule.The Parties will share forecast information using the Qwest LIS Trunking Forecast forms. (C)2.2.7.2 Both Parties shall have the obligation to participate in joint planning meetings to establish trunk design and provisioning requirements.The Parties agree to provide mutual trunk forecast information to ensure end user call completion between the Parties'networks.Such forecasts will be for LIS trunking which impacts the switch capacity and facilities of each Party.Forecasts are "good faith estimates". (C)2.2.7.3 Switch growth jobs are custom jobs with a minimum six month timeframe from the vendors. To align with the timeframe needed to provide for the capacity including engineering,ordering, installation and make ready activities required by the forecast,the Parties agree to utilize Qwest standard forecast timelines as defined in the Qwest LIS Trunk Forecast Form. Page 59 Part C Reciprocal Traffic Exchange (C)2.2.7.4 Each Party will utilize the forecast cycle outlined on the Qwest LIS Trunk Forecast Form which stipulates that forecasts be submitted on a quarterly basis for the first year,and thereafter as agreed to by the Parties.Qwest will include Sprint's forecasted requirements in the sizing of the next equipment addition.The forecast will identify trunking requirements for a two year period.From the close date as outlined in the forecast cycle,the receiving Party will have one month to determine network needs and place vendor orders which require a six month minimum to complete network build.When available capacity cannot fill a new forecasted requirement, there may be up to a seven month delay to build new capacity.The actual delay period will be based upon actual availability of vendor material and labor.For ordering information see Section (C)2.4 of this Agreement. (C)2.2.7.5 In the event of a dispute regarding forecast quantities,the Parties will not refuse the forecast in its entirety.The Parties shall attempt in good faith to resolve the matter informally.If the Parties fail to reach resolution,the Dispute Resolution provision of this Agreement shall apply.Until the Dispute Resolution process is completed,the lower forecast will be used. (C)2.2.7.6 Joint planning meetings will be used to bring clarity to the process.Each Party will provide adequate information associated with the Qwest LIS Trunk Forecast Forms in addition to its forecasts.During the joint planning meetings, both Parties shall provide information on major network projects anticipated for the following year that may impact the other Party's forecast or Interconnection requirements.No later than two weeks prior to the joint planning meetings,the Parties shall exchange information to facilitate the planning process. (C)2.2.7.7 In addition to the above information,Sprint shall provide: Completed Qwest LIS Trunk Forecast Forms; Any planned use of an alternate local tandem provider. Page 60 Part C Reciprocal Traffic Exchange (C)2.2.7.8 In addition to the above information,Qwest shallprovidethefollowinginformationaboutQwestthroughtheLocalExchangeRoutingGuideortheInterconnections(ICONN)Database.ICONN isavailablethroughaQwestwebsite: Qwest Tandems and Qwest end offices (LERG) CLLI codes (LERG) Business/Residence line counts (ICONN) Switch type (LERG or ICONN) Current and planned switch generics (ICONN) (C)2.2.7.9 Trunk Blocking reports for existing trunk groups; (e.g.,direct end office and local tandem connected LIS trunks),and a summary report for commontrunkgroupsbehindthelocaltandemthatareblockingwithinspecificthresholdsorbandswillbeprovidedpursuanttotheServicePerformance Section of this Agreement.Qwest engineers routes according to industry standards. (C)2.2.7.10 Qwest Network Disclosure of deploymentinformationforspecifictechnicalcapabilities(e.g.,ISDN deployment,64 CCC,etc.)shall be provided on Qwest's web site. (C)2.2.7.11 When appropriate,the Qwest Trunk GroupServicingRequest(TGSR)process will be utilized to notify Sprint of the need to take action and place orders against the forecasted trunk requirements. (C)2.2.7.12 The Parties agree that Forecast shall be deemed Confidential Information. (C)2.2.7.13 If a trunk group is consistently under sixty percent (60%)of centum call seconds (CCS)capacityeachmonthofanythreemonthperiod,Sprint will be provided written notification of the requirement to resize the trunk groups.Such notification shall include information on current utilization levels. The Parties will immediately meet to cooperativelyreviewandplanrearrangementofthefacilities,if needed.Thirty (30)days after the written notification,if Sprint has not contacted Qwest to mutually agree to a rearrangement plan,then Qwest may reclaim the facilities and charge Sprint Page 61 Part C Reciprocal Traffic Exchange a charge equal to the rearrangement charge outlined in this Section of this Agreement.When trunk groups are utilized at less than sixty percent (60%)of CCS for any three month period,Qwest will provide Sprint with written notification of its intent to refuse ASRs and/or cancel pending requests to augment those under-utilized trunk groups until such time as the utilization on that group reaches the required sixty percent (60%) level.When reclamation does occur,the trunk group shall not be left with less than twenty-five percent (25%)excess capacity. (C)2.2.7.14 Each Party shall provide a specified point of contact for planning,forecasting and trunk servicing purposes. (C)2.2.7.15 Forecasts for Interconnection facilities to be provisioned on a route which involves extraordinary circumstances shall be handled as Construction Charges,as detailed in Part G of this Agreement,unless the Parties agree otherwise. Qwest and Sprint may also choose to work in good faith to identify and locate alternative routes which can be used to accommodate Sprint forecasted build.Extraordinary circumstances include,but are not limited to,natural obstructions such as lakes,rivers,or steep terrain,and legal obstructions such as governmental,federal, Native American or private rights of way. Standard Qwest forecast timeframes will not apply under these circumstances. (C)2.2.8 Trunking Requirements (C)2.2.8.1 The Parties agree to provide designed Interconnection facilities that meet the same technical criteria and senrice standards,such as probability of blocking in peak hours and transmission standards,in accordance with industry standards. (C)2.2.8.2 Where available,at present or in the future,the Parties shall make available to each other B8ZS Extended Super Frame (ESF)capable trunks (see also Section (C)2.2.5.2). (C)2.2.8.3 Two-way trunk groups will be established wherever possible.Exceptions to this provision will be based on billing,signaling,and network requirements (see also Section (C)2.2.1.2.1). Page 62 Part C ReciprocalTraffic Exchange (C)2.2.8.4 Separate trunk groups will be established,as required,to comply with billing,signaling,and network requirements.For example,(1)billing requirements -Exchange Access (IntraLATA Toll)/Jointly Provided Switched Access (InterLATA and IntraLATA presubscribed/dial around)vs. Exchange Service (EAS/Local)traffic,(2)signaling requirements -MF vs.SS7,and (3)network requirements -directory assistance traffic to Operator Services tandems.The Parties agree to combine different types of traffic on to a common trunk group when it is feasible to do so,e.g.,local voice grade traffic and internet traffic.When Qwest's network is redesigned to combine local and toll tandems into a single local/toll network, then Qwest will make the same combined network available to Sprint for the exchange of traffic to the extent that Qwest makes it available to itself.At such time as traffic is combined on the same trunk group,the Parties will work cooperatively to develop appropriate compensation methodology. The following is the current list of traffic types that require separate trunk groups,unless specifically otherwise stated in this Agreement. (C)2.2.8.4.1 Combined Exchange Access (IntraLATAToll)and Jointly Provided Switched Access (InterLATA and IntraLATA presubscribed/dial around)trunks (C)2.2.8.4.2 Exchange Service (EAS/Local) trunks (C)2.2.8.4.3 Directory Assistance trunks (where the switch type requires separation from Operator Services trunks). (C)2.2.8.4.4 911/E911 trunks (C)2.2.8.4.5 Operator services trunks (where the switch type requires separation from Directory Assistance trunks). (C)2.2.8.4.6 Mass calling trunks,if applicable. (C)2.2.8.5 Notwithstanding the restrictions above,Sprint may develop products that require the routing of some local traffic over new or existing access trunks in order to access Sprint's Operator Sentices Page 63 Part C Reciprocal Traffic Exchange platforms to determine the jurisdiction of the traffic for call completion (e.g.,00-,1010333 or otherSprintroutedCIC).Qwest will permit this access upon the following conditions and under the FCCrequirementsoftechnicalfeasibility: (C)2.2.8.5.1 Sprint will measure and accurately identify InterLATA,IntraLATA and Local traffic on the combined trunk group.Sprint will pay Qwest reciprocal compensation for the local portion of traffic identified that is terminated on the Qwest local network.Access charges shall not apply to local traffic. (C)2.2.8.5.2 When Sprint is not able to measure traffic,Sprint will pay the appropriate access rates. (C)2.2.8.6 The parties may mutually agree upon othercombinationsoftrafficwhicharemutuallybeneficialtotheparties. (C)2.2.8.7 Trunk group connections will be made at a DS1 ormultipleDSilevelforexchangeoftraffic. Ancillary service trunk groups may be made below a DSi level,as negotiated. (C)2.2.8.8 The Parties will provide Common Channel Signaling (CCS)to one another in conjunction with all LIS trunk circuits,except as provided below. C)2.2.8.8.1 The Parties agree that an all SS7 network is beneficial to end users and CLECs and therefore will provision all trunking using SS7/CCS capabilities.Redundant MF signaling networks will not beprovided.Exceptions to this arrangement would be limited to operator services trunking,911 trunking and any others currentlyavailableintheQwestnetworkonly on MF signaling.When the SS7/CCS option becomes available in the Qwest network for said trunking,the Parties will provision new trunks using SS7.In addition, the Parties will jointlywork to convert existing trunking to SS7,as Page 64 Part C Reciprocal Traffic Exchange appropriate.Procedures for establishing CCS connectivity can be found in Part E of this Agreement. (C)2.2.8.8.2 When the Parties interconnect via CCS for Jointly Provided Switched Access (InterLATA and IntraLATA presubscribed/dial around)Service, the tandem provider will provide MF/CCS interworking as required for Interconnection with Interexchange Carriers who use MF signaling. (C)2.2.8.9 The Parties shall terminate Exchange Service (EAS/Local)traffic exclusively on local tandems or end office switches.No Exchange Service (EAS/local)LIS trunk groups shall be terminated on Qwest's access tandems.In the complete absence of a local tandem,Exchange Service (EAS/Local)LIS trunk groups will be established directly between Sprint and Qwest end office switches. (C)2.2.8.10 Sprint is in no way restricted from routing traffic via new or existing direct end office facilities. (C)2.2.8.11 The Parties agree to exchange Exchange Service (EAS/Local)traffic in the same EAS/Local Calling Area as such traffic originated. (C)2.2.8.12 Alternate Traffic Routing If Sprint has an LIS arrangement which provides two paths to a Qwest end office (one route via a local tandem and one direct route),Sprint may elect to utilize alternate traffic routing.Sprint traffic will be offered first to the direct trunk group (also referred to as the "primary high"route)and then overflow to the local tandem group (also referred to as the "alternate finaP route)for completion to Qwest end offices. (C)2.2.9 Testing (C)2.2.9.1 Acceptance Testing At the time of installation of a LIS trunk group,and at no additional charge,acceptance tests will be pedormed to ensure that the service is operational and meets applicable technical parameters. Page 65 Part C Reciprocal Traffic Exchange (C)2.2.9.2 Testing Capabilities (C)2.2.9.2.1 Terminating LIS testing is provided where equipment is available,with the following test lines:seven-digit access to balance (100 type), milliwatt (102 type),non- synchronous or synchronous, automatic transmission measuring (105 type),data transmission (107 type),loop-around,short circuit, open circuit,and non-inverting digital loopback (108 type). (C)2.2.9.2.2 In addition to LIS acceptance testing,other tests are available (e.g.,additional cooperative acceptance testing,automatic scheduled testing,cooperative scheduled testing,manual scheduled testing,and non- scheduled testing)at the applicable Qwest Tariff rates.Testing fees will be billed to Sprint when Sprint requests testing and testing is completed by Qwest. (C)2.2.10 Mileage Measurement Where required,the mileage measurement for LIS is determined in the same manner as the mileage measurement for V &H methodology as outlined in NECA Tariff No.4. (C)2.3 Rate Elements (C)2.3.1 Interconnection Facility Options (C)2.3.1.1 Entrance Facilities (C)2.3.1.1.1 Recurring and non-recurring rates for Entrance Facilities are specified in Part H of this Agreement and will apply for those DS1 or DS3 facilities dedicated to use by LIS. (C)2.3.1.1.2 If Sprint chooses to use an existing facility purchased as Private Line Transport Service from the state or FCC Access Tariffs,the rates from those Tariffs will apply. Page 66 Part C Reciprocal Traffic Exchange (C)2.3.1.2 Collocation When Collocation is purchased,the LIS EfCT rate elements,as described in Part H of this Agreement, will apply.The rates are defined at a DSi and DS3 level. (C)2.3.2 Direct Trunked Transport (C)2.3.2.1 Either Party may elect to provision one-way trunks to the other Party's end office for the termination of traffic based on the exceptions outlined in Section(C)2.2.8.2 of this Agreement. (C)2.3.2.2 Either Party may elect to purchase Direct TrunkedTransportfromtheotherParty. (C)2.3.2.2.1 Direct Trunked Transport (DTT)is available between the serving Wire Center of the POl and the terminating Party's local/access tandem or end office switches.The applicable rates are described in Part H of this Agreement.DTT facilities are provided as dedicated DS3 or DS1 facilities. (C)2.3.2.2.2 When DTT is provided to a local tandem for Exchange Service (EAS/Local)traffic,or to an access tandem for Exchange Access(IntraLATA Toll)/Jointly Provided Switched Access (InterLATA andIntraLATApresubscribed/dial around)traffic,the applicable DTT rate elements apply between the serving Wire Center and the tandem.Additional rate elements for delivery of traffic to the terminating end office are Tandem Switching and Tandem Transmission.These rates are described below. (C)2.3.2.2.3 Mileage shall be measured for DTT based on V&H coordinates between the serving Wire Center and the local/access tandem or end office. Page 67 Part C Reciprocal Traffic Exchange (C)2.3.2.2.4 Fixed Charges per DS1 or per DS3 and per mile charges are defined for DTT in Part H of this Agreement. (C)2.3.2.3 If the Parties elect to establish LIS two-way DTTfacilitiesforthereciprocalexchangeofExchangeService(EAS/Local)traffic,the cost of the LIStwo-way DTT facilities shall be shared among thePadiesbyreducingtheLIStwo-way DTT rateelementchargesasfollows: (C)2.3.2.4 The provider of the LIS two-way DTT facility willinitiallysharethecostoftheLIStwo-way DTTfacilitybyassuminganinitialrelativeusefactoroffiftypercent(50%)for a minimum of one quarter.The nominal charge to the other Party for the useoftheDTTfacility,as described in Part H,shall bereducedbythisinitialrelativeusefactor. Payments by the other Party will be according tothisinitialrelativeusefactorforaminimumofonequarter.The initial relative use factor will continueforbothbillreductionandpaymentsuntilthePartiesagreetoanewfactor,based upon actual minutes of use data for non-ISP traffic tosubstantiateachangeinthatfactor.Oncenegotiationofanewfactorisfinalized,the billreductionsandpaymentswillapplygoingforward,for a minimum of one quarter.By agreeing to thisinterimsolution,the Parties do not waive theirpositionthattrafficdeliveredtoEnhancedService Providers is interstate in nature. (C)2.3.2.5 Multiplexing options (DS1/DS3 MUX)are availableatratesdescribedinPartHofthisAgreement. (C)2.3.3 Trunk Non-recurring Charges (C)2.3.3.1 Installation non-recurring charges may beassessedbyQwestforeachLIStrunkorderedbySprint,at the rates specified in Part H of thisAgreement. (C)2.3.3.2 Rearrangement non-recurring charges may beassessedbyQwestforeachLIStrunkrearrangementorderedbySprint,at one-half theratesspecifiedinPartHofthisAgreement. (C)2.3.4 Exchange Service (EAS/Local)Traffic (C)2.3.4.1 End Office Call Termination Page 68 Part C ReciprocalTraffic Exchange (C)2.3.4.1.1 The Parties agree that per minute of use call termination rates as described in Part H of this Agreement will apply reciprocally for the termination of Exchange Service (EASILocal)traffic. (C)2.3.4.1.2 For purposes of call termination,the Sprint switch(es)shall be treated as end office switch(es),unless Sprint's switch(es)meet the definition of tandem switch in this Agreement. (C)2.3.4.1.3 Compensation of ISP-Bound Traffic The following language applies for the state of Arizona only,as ordered by the ACC in the Commission's Decision No.62650,dated June 13,2000 in Docket No.T-02432B-00-0026 at page 7. The Parties will utilize a "Bill and Keep"methodology for the compensation of ISP-boundtraffic.As Qwest has the capability to identify and measure ISP-bound Traffic and Sprint does not,the Bill & Keep methodology will be accomplished on an exception basis.This requires Qwest to identify, measure and report ISP bound traffic originating minutes of use from its end-users terminating to Sprint's ISP customers as referenced in the Commission's Decision No.62650,dated June 13,2000 in Docket No.T-02432B-00-0026.ISP-bound minutes of use measured and reported to Sprint by Qwest will be adjusted off of the total local reciprocal compensation minutes on the following billing period. Qwest will make these measurements and the associated methodology available for audit according to the rules contained in Part G of this Agreement.Should Qwest fail to report measured minutes of use no adjustment would be made to the Sprint invoices. The following language applies for the state of Colorado only,as ordered by the CPUC on May 3,2000 in Docket No.00B-011T at page 18. The Parties will utilize a "Bill and Keep"methodology for the compensation of ISP-boundtraffic.As Qwest has the capability to identify and measure ISP-bound Traffic and Sprint does not,the Bill & Keep methodologywill be accomplished on an exception basis.This requires Qwest to identify, measure and report ISP bound traffic originating minutes of use from its end-users terminating to Sprint's ISP customers as found to be a reasonable method to measure ISP traffic in the Commission's Order dated May 3,2000 in Docket No.00B-011T.ISP-bound minutes of use measuredand reported to Sprint by Qwest will be adjusted off of the total local reciprocal compensation minutes on the following billing period.Qwest will make these measurements and the associated methodology available for audit according to the rules contained in Part G of this Agreement.Should Qwest fail to report measured minutes of use no adjustment would be made to the Sprint invoices." The following language applies for the state of Minnesota only,as ordered by the MPUC June 27, 2000,Docket No.P-466,421/M-OO-33 at page p.7: As set forth herein,the Parties agree that without regard to characterization of traffic as interstate or local,traffic carried or delivered to one carrier which is then delivered to an ESP,including,but not limited to ISPs,shall be compensated at the same rates as the reciprocal compensation rates for the termination of local traffic for the interim period until such time as the FCC determines rates specific to the transport and termination of traffic to ESPs though a mechanism for intercarrier compensation. Page 69 Part C Reciprocal Traffic Exchange The following language applies for the state of Washington only,as ordered by the WUTC July 5,2000,Docket No.UT-003006 at para.50: As set forth herein,the Parties agree that without regard to characterization of traffic as interstate orlocal,traffic carried or delivered to one carrier which is then delivered to an ESP,including,but notlimitedtoISPs,shall be compensated at the same rates as the reciprocal compensation rates for theterminationoflocaltrafficfortheinterimperioduntilsuchtimeastheFCCdeterminesratesspecifictothetransportandterminationoftraffictoESPsthoughamechanismforintercarriercompensation. The following language applies for the state of Oregon only,as ordered by the OPUC November9,2000,Docket ARB 238 at Page 19: As set forth herein,the Parties agree that without regard to characterization of traffic as interstateor local,traffic carried or delivered to one carrier which is then delivered to an ESP,including,but notlimitedtoISPs,shall be compensated at the same rates as the reciprocal compensation rates for theterminationoflocaltrafficfortheinterimperioduntilsuchtimeastheFCCdeterminesratesspecifictothetransportandterminationoftraffictoESPsthoughamechanismforintercarriercompensation. The following language applies only for the states of Idaho,Iowa,Montana,Nebraska,New Mexico,North Dakota,South Dakota,Utah,and Wyoming: Since the Parties were not exchanging traffic pursuant to Interconnection agreements prior to adoptionoftheFCCISPOrderonApril18,2001,the Parties will utilize the bill and keep methodologyfor thecompensationofISPboundtraffic.If further FCC action regarding compensation of ISP boundtraffic isordered,the parties agree to negotiate changes to comply with the FCC's order. Page 70 Part C Reciprocal Traffic Exchange (C)2.3.4.1.4 Neither Party shall be responsible totheotherforcallterminationchargesassociatedwiththirdpartytrafficthattransitssuchParty's network. (C)2.3.4.2 Tandem Switched Transport (C)2.3.4.2.1 For traffic delivered through a Qwest or Sprint local tandem switch (asdefinedinthisAgreement),thetandemswitchingrateappliesper MOU for the tandem switchingfunction.The tandem transmission rate applies per MOU for commontransportbetweenthetandemand the end office.The end office callterminationratealsoappliestoterminatethecallattheendoffice. A single switch will not becompensatedforboththetandem switch and end office switch functions on a single call.ThisappliesreciprocallywhenQwestterminatesacalltoaSprinttandem. (C)2.3.4.2.2 Mileage shall be measured for thetandemtransmissionrateelements based on V&H coordinates betweenthelocaltandemandterminatingendoffice.If actual mileage cannotbemeasured,an assumed one mile will be used. (C)2.3.4.2.3 When Sprint terminates traffic to aremoteoffice,tandem transmission rates will apply for the mileage between the Qwest host office and the Qwest remote office. (C)2.3.4.2.4 When Qwest receives a call fromSprinttoanumberthathasbeen ported to another Qwest central office within the EAS/Local Calling Area,mileage sensitive tandem transmission rates will apply which reflect the distance to the end office to which the call has been ported. (C)2.3.5 Miscellaneous Charges Page 71 Part C ReciprocalTraffic Exchange (C)2.3.5.1 Cancellation charges will apply to cancelled LIS trunk orders,based upon rates,terms andconditionsdescribedinStateAccesstariffs. (C)2.3.5.2 Expedites for LIS trunk orders are allowed only on an exception basis with Qwest executive approval within the same timeframes as Qwest provides forotherdesignedservices.When expedites are approved,expedite charges will apply to LIS trunk orders based on rates,terms and conditionsdescribedinstateAccessTariffs. (C)2.3.5.3 Construction charges are described in Section (G)12 of this Agreement. (C)2.3.6 Exchange Access (IntraLATA Toll)Traffic. Applicable Qwest Switched Access Tariff rates apply to Exchange Access (IntraLATA Toll)traffic routed to an access tandem,or directly to an end office.Relevant rate elements could include Tandem Switching,Tandem Transmission,Interconnection Charge,Local Switching,and Carrier Common Line,as appropriate and allowed by law. (C)2.3.7 Transit Traffic. The following rates will apply: (C)2.3.7.1 Exchange Service (EAS/Local)Transit:The applicable LIS transit tandem switching andtandemtransmission,at the mileage rates contained in Part H of this Agreement,apply to theoriginatingCLEC. (C)2.3.7.2 Exchange Access (IntraLATA Toll)Transit:The applicable Qwest Tariffed Switched Accesstandemswitchingandtandemtransmission,at the mileage rates contained in Part H of thisAgreement,apply to the originating CLEC. (C)2.3.7.3 Jointly Provided Switched Access (InterLATA and IntraLATA presubscribed/dial around):TheapplicableSwitchedAccessrateswillbebilledby the Parties to the IXC based on MECABguidelinesandtheirrespectiveFCCandstate access Tariffs. (C)2.3.8 Qwest and Sprint are required to provide each other the propersignalinginformation(e.g.,originating call party number anddestinationcallpartynumber,etc.)to enable each Party to issue bills in a complete and timely fashion.All CCS signaling Page 72 Part C Reciprocal Traffic Exchange parameters will be provided including Calling Party Number (CPN),valid Automatic Number Identification (ANI),calling party category,charge number,etc.All privacy indicators will be honored.If either Party fails to provide CPN,and cannot substantiate technical restrictions (i.e.MF signaling)such traffic will be billed as Access (IntraLATA Toll)when unidentified messages are greater than five percent (5%)of total. (C)2.4 Ordering (C)2.4.1 When ordering LIS,the ordering Party shall specify on the Access Service Request:1)the type and number of interconnection facilities to terminate at the Point of interconnection in the serving Wire Center;2)the type of interoffice transport,(i.e.,Direct Trunked Transport or Tandem Transmission);3)the number of trunks to be provisioned at a local exchange office or local tandem;and 4)any optional features.When the ordering Party requests facilities,routing, or optional features different than those determined to be available,the Parties will work cooperatively in determining an acceptable configuration,based on available facilities, equipment and routing plans. (C)2.4.2 When ordering new NXX codes associated with LIS,Sprint will provide the CLLI codes of the Qwest local tandem or end office and POl where the NXX is to be routed.On existing trunk groups,Sprint will provide the Two-Six Code to which each NXX will be routed. (C)2.4.3 When the ordering Party initially requests a DS3 Interconnection facility to a local tandem or local exchange office,or uses the Hub Location POI,the provider will forward the appropriate DS1 facility record information necessary to identify the circuit facility assignment.On subsequent requests utilizing existing DS3 Direct Trunked Transport facilities,the provider will assign the DS1 facility to the DS3 Direct Trunked Transport facility,as directed by the ordering Party. (C)2.4.4 A joint planning meeting will precede Sprint and Qwest trunking orders.These meetings will result in the transmittal of Access Service Requests (ASRs)to initiate order activity.A Party requesting local tandem Interconnection will provide its best estimate of the traffic distribution to each end office subtending the local tandem. (C)2.4.5 Trunks will be ordered either to Qwest's end offices directly or to Qwest's local tandem for local traffic.Separate trunks will be ordered to Qwest's access tandem only for IntraLATA Toll and jointly provided Switched Access traffic. Page 73 Part C ReciprocalTraffic Exchange (C)2.4.6 Service intervals and due dates for the initial establishment of trunking arrangements at each location of Interconnection between the Parties will be determined on an individual case basis as mutuallyagreed upon by the Parties. (C)2.4.7 Service intervals and due dates for the establishment of subsequent trunking arrangements for Interconnection between the Parties,will be in accordance with the guidelines for LIS contained in the Interconnect &Resale Resource Guide, available on Qwest's Web site. (C)2.4.8 Sprint may cancel an order for LIS at any time prior to notification by Qwest that service is available for Sprint's use. If Sprint is unable to accept LIS within one hundred and twenty (120)calendar days after the original service date,Sprint has the following options: The order for LIS will be canceled,and charges as set forth above will apply,or Billing for the service will commence. In such instances,the cancellation date or the date billing is to commence,depending on which option is selected by Sprint, will be the 121"calendar day beyond the original service date of the order for LIS. (C)3.Jointly Provided Switched Access Services (C)3.1 Switched Access Service is defined and governed by the FCC and State Access Tariffs,MECAB and MECOD,and is not modified by any provisions of this Agreement.Both Parties agree to comply with such guidelines.A summary of applicable guidelines is available in the Interconnect &Resale Resource Guide. (C)3.1.1 Qwest and Sprint agree to exchange all records necessary for the billing of jointly provided switched access.The records to be exchanged include Category 11-01 and 11-50 access records as defined in the MECAB/MECOD documents. (C)3.2 Qwest will agree to function as the Access Service Coordinator (ASC)as defined in the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD)(Technical Reference SR-TAP-000984).Qwest will provide the operational,technical and administrative support required in the planning, provisioning and maintenance involved in the joint access provisioning process to the IXC's.Qwest will be unable to fulfill the role of ASC if Sprint does not fully comply with MECOD requirements,including filing their end offices and BP's (Billed Percentages)in the NECA 4 Tariff. Page 74 Part C Reciprocal Traffic Exchange (C)3.3 Qwest and Sprint will each render a separate bill to the IXC,using the multiple bill,multiple tariff option for their respective portions of jointly provided switched access service. (C)3.4 The Parties will use reasonable efforts,individually and collectively,to maintain provisions in their respective federal and state access tariffs, and/or provisions within the National Exchange Carrier Association ("NECA") Tariff No.4,or any successor tariff,sufficient to reflect this MPB arrangement,including MPB percentages. Page 75 Part D Collocation PART D -COLLOCATION (D)1.Description (D)1.1 Sprint may collocate any type of equipment used or useful for Interconnection or access to Unbundled Network Elements pursuant to FCC Rule 51.323(b).Collocation is the leasing to Sprint of physical space in a Qwest Wire Center;Qwest will make available to Sprint,for the purpose of Collocation,central office power,grounding,surge protection,heating, ventilation and air conditioning (HVAC);and cabling in Qwest's Wire Center. Qwest will provide building safeguards to Sprint's collocated equipment against damage caused by fire,floods,winds,and other causes of nature on the same basis that Qwest safeguards its own equipment,buildings and property from damage.Collocation also allows Sprint to access InterConnection Distribution Frames (ICDF)for the purpose of accessing and combining unbundled network elements and ancillary services.There are six (6)types of Collocation available -Virtual,Caged Physical,Shared Caged Physical,Cageless Physical,and Interconnection Distribution Frame. Adjacent Collocation is a form of Physical Collocation.Other forms of legally authorized Collocation may be requested through the BFR Process. (D)1.1.1 Virtual Collocation With a Virtual Collocation arrangement,Sprint is responsible for the procurement of its own telecommunications equipment which Qwest installs and maintains.Sprint does not have physical access to its equipment in the Qwest Central Office but will be granted access to the appropriate cross-connect device for making any cross connections it may require for access to Qwest UNEs. (D)1.1.2 Caged Physical Collocation Caged Physical Collocation allows Sprint to lease caged floor space as provided in (D)3.3.1,for placement of its telecommunications equipment within Qwest's Central Office for the purpose of interconnecting with Qwest finished services or UNEs.Sprint is responsible for the procurement,installation and on-going maintenance of its equipment as well as the cross connections required at the appropriate cross-connect device for connecting its equipment to Qwest UNEs. (D)1.1.3 Cageless Physical Collocation Cageless Physical Collocation is a non-caged area within a Qwest Central Office.Space will be made available in standard 9 square foot,single bay increments.Sprint will be responsible for the procurement,installation and maintenance of the bays and telecommunications equipment.As with both Virtual and Caged Physical Collocation,Cageless Physical Page 76 Part D Collocation Collocation will also include access to the appropriate cross-connect device in which Sprint can make connections to QwestUNEs. (D)1.1.4 Shared Space Caged Physical Collocation Shared Space Caged Physical Collocation allows two or moreCLECstoshareasinglecollocationenclosure.Under SharedPhysicalCollocation,one CLEC obtains a Caged PhysicalCollocationarrangement,and another CLEC,pursuant to thetermsofitsapprovedinterconnectionagreement,may share use of that space,in accordance with terms and conditionsagreedtobetweenthetwo(2)CLECs.Qwest will prorate the charge for site conditioning and preparation undertaken byQwesttoconstructthesharedcollocationcageorconditionthespaceforcollocationuse,regardless of how many carriersactuallycollocateinthatcage,by determining the total chargeforsitepreparationandallocatingthatchargetoacollocatingCLECbasedonthepercentageofthetotalspaceutilizedbythatCLEC.Qwest shall not place unreasonable restrictions onSprint's use of a collocation cage,such as limiting Sprint'sabilitytocontractwithotherCLECstoshareSprint's collocationcageinasublease-type arrangement.In addition,if two ormoreCLECswhohaveinterconnectionagreementswithQwestutilizeasharedcollocationarrangement,Qwest shall permit each CLEC to order UNEs to and provision service from thatsharedcollocationspace,regardless of which CLEC was theoriginalcollocator. (D)1.1.5 Adjacent Collocation (D)1.1.5.1 Adjacent Collocation is collocation in a controlledenvironmentalvaultorsimilarstructure,to theextenttechnicallyfeasible.Adjacent Collocation isavailableonlywhenQwestisoutofavailablecollocationspaceinacentraloffice.When a request for collocation is denied due tounavailabilityofspace,Sprint may requestAdjacentCollocationfromQwestonanIndividualCasebasis(ICB).Since Adjacent Collocation isuniqueperrequest,Qwest will conduct a feasibility study to determine if there is appropriate adjacent Qwest property that can be used for AdjacentCollocation.Sprint may also suggest otheradjacentstructuressuitableforequipmentinstallationormayidentifyawillingnessto construct an adjacent structure.AdjacentCollocationisnotsubjecttothesameexistingintentalsforanyothertypeofcollocation.The Parties agree to work cooperatively in establishing a mutually agreeable project timeline to outline Page 77 Part D Collocation tasks,responsibilities and commitment dates to complete the ICB request.If the Parties are unable to agree on a project timeline,the Dispute Resolution process in this Agreement will be used. (D)1.1.5.2 If Sprint proposes an adjacent site,at a minimum Sprint will need to provide the following information:address of adjacent site,description of physical facility (i.e.:type of building or structure),dimensions of structure,material of structure,identify if structure is above ground or below ground,proof of certification of compliance with existing building and zoning codes as required by the respective municipality.It is Sprint'responsibility to "construct or procure"such arrangements. (D)1.1.6 Interconnection Distribution Frame (ICDF)Collocation (D)1.1.6.1 Where Sprint does not require its equipment to be placed in a Qwest Central Office,but wishes only to combine Qwest UNEs,ICDF Collocation is available.An ICDF frame is also available for combining elements when other forms of Collocation are used. (D)1.1.6.2 Qwest will make available to Sprint, Interconnection Distribution Frames (ICDFs)that are shared cross-connect devices used by Qwest and CLECs alike.For each Central Office,Qwest will determine the appropriate cross-connect device upon which Sprint terminations will be placed (DSO,DS1,DS3,and Ocn (fiber)).The ICDF may be the Qwest Main Distribution Frame (MDF),Toll Frame,Intermediate Distribution Frame (IDF),or another frame,depending on space availability and individual Central Office design.The frame Qwest establishes as the ICDF will be selected to minimize connection points.To the extent the Commission has specified by order that a particular frame is to be used,such frames will be made available to Sprint.When Sprint uses these frames,Sprint shall follow the same technical publications and design requirements for the engineering and use of frames that Qwest follows.The service ordering process will follow Qwest guidelines.Sprint shall agree to reimburse Qwest for all costs for placement of facilities dedicated to Sprint along with a portion of the common costs that can be shared between Qwest and CLECs.. Page 78 Part D Collocation (D)1.1.6.3 Sprint may combine UNEs at the Qwest designated frame.Such frames will be located within Qwest Central Offices for common or dedicated usage.The cross-connect frames will accommodate DSO,DS1,DS3 and OCn (fiber) terminations.Tie cable arrangements between various Qwest frames may be required and will be made available to Sprint in a nondiscriminatory manner. (D)2 Collocation Entrance Facilities (D)2.1 Fiber Entrance Facilities (D)2.1.1 Collocation Fiber Entrance Facilities.Qwest offers three (3) Fiber Collocation Entrance Facility options -Standard Fiber Entrance Facility,Cross-Connect Fiber Entrance Facility,and Express Fiber Entrance Facilities.These options apply to Caged and Cageless Physical Collocation and Virtual Collocation.Fiber Entrance Facilities provide the connectivity between Sprint's collocated equipment within the Qwest central office and a Collocation Point of Interconnection (C-POI) outside the central office where Sprint shall terminate its fiber- optic facility. (D)2.1.2 Sprint is responsible for providing its own fiber facilities to the C-POI outside Qwest's Central Office.Qwest will extend the fiber cable from the C-POI to a Fiber Distribution Panel (FDP). Additional fiber,conduit and associated riser structure will then be provided by Qwest from the FDP to continue the run to Sprint's leased collocation space (Caged or Cageless Physical Collocation)or Sprint's equipment (Virtual Collocation).The Qwest provided facility from the C-POl to the leased Collocation space (Physical Collocation)or Sprint's equipment (Virtual Collocation)shall be considered the Collocation Fiber Entrance Facility. (D)2.1.2.1 Standard Fiber Entrance Facility --The standard fiber entrance facility provides fiber connectivity between Sprint's fiber facilities delivered to the C- POI and Sprint's collocation space in increments of 12 fibers.Sprint's fiber cable is spliced into a Qwest-provided shared fiber entrance cable that consists of six buffer tubes containing 12 fibers each for a 72-fiber cable.The 72-fiber cable shall be terminated on a Fiber Distribution Panel (FDP). A 12 fiber interconnection cable is placed between Sprint's collocation space and the FDP.The FDP provides Qwest with test access and a connection Page 79 Part D Collocation point between the transport fiber and Sprint's interconnection cable. (D)2.1.2.2 Cross-connect Fiber Entrance Facility --The cross-connect fiber entrance facility provides fiber connectivity between Sprint's fiber facilities delivered to a C-POI and multiple locations within the Qwest wire center.Sprint's fiber cable is spliced into a Qwest provided shared fiber entrance cable in 12 fiber increments.The Qwest fiber cable consists of six buffer tubes containing 12 fibers each for a 72-fiber cable.The 72-fiber cable terminates in a fiber distribution panel.This fiber distribution panel provides test access and flexibility for cross connection to a second fiber distribution panel.Fiber interconnection cables in 4 and 12 fiber options connect the second fiber distribution panel and equipment locations in the wire center.This option has the ability to serve multiple locations or pieces of equipment within the office.This option provides maximum flexibility in distributing fibers within the central office and readily supports Virtual and Cageless Physical Collocation and multiple CLEC locations in the office.This option also supports transitions from one form of collocation to another. (D)2.1.2.3 Express Fiber Entrance Facility --Qwest will place a Sprint-provided fiber cable from the C-POI directly to Sprint's collocation space.If the Sprint- provided fiber cable does not meet fire rating requirements,a transition splice will occur in the cable vault to insure that the cable within the Qwest office meets requirements.The fiber cable placed in the wire center must meet fire rating requirements.This option will not be available if there is less than one full sized conduit (for emergency restoration)and 2 innerducts (one for emergency restoral and one for a shared entrance cable). (D)2.1.3 The Collocation entrance facility is assumed to be fiber optic cable and meets industry standards (GR.20 Core).Metallic sheath cable is not considered a standard Collocation entrance facility.Requests for non-standard entrances will be considered on an individual case basis including an evaluation of the feasibility of the request.All costs and provisioning intervals will be developed on an individual case basis. (D)2.2 Microwave Entrance Page 80 Part D Collocation Microwave Entrance is used to allow Sprint to collocate microwaveequipmentatQwest's Central Office buildings,where space is available.Microwave Entrance is used as an entrance facility at Qwest Central Offices for the exchange of traffic and/or for access to UNEs.Microwave Entrance is used in conjunction with Virtual,Caged Physical,Cageless Physical,andSharedPhysicalCollocation. (D)3.Terms and Conditions (D)3.1 Terms and Conditions -All Collocation (D)3.1.1 With respect to Network Security,Sprint and Qwest agree that the provisions of this Section will be implemented in such a manner as to protect the integrity of the Party's networks pursuant to Section (G)1. (D)3.1.2 With respect to any technical requirements or performance standards specified in this Section,Qwest shall provideCollocationinanondiscriminatorymanneronrates,terms and conditions that are just,reasonable and nondiscriminatory. (D)3.1.3 Collocation is available for equipment that is necessary forinterconnectionoraccesstoQwest's unbundled network elements,regardless of whether such equipment includes a switching functionality,provides enhanced services capabilities,or offers other functionalities.Qwest will permitcollocationofanyequipmentrequiredbylaw,unless Qwest can establish that the equipment will not be actually used by Sprint for the purpose of obtaining interconnection or access to unbundled network elements,e.g.equipment used solely for switching or enhanced services.Before any equipment is installed,Sprint must provide a written inventory to Qwest of all equipment and how it will be used for interconnection and/or access to unbundled network elements. (D)3.1.4 Sprint may purchase Qwest's finished Private Line or Switched Access services via applicable Tariff terms and conditions. These services will be terminated at Sprint's collocated equipment or at the demarcation point as described below. (D)3.1.5 Demarcation Points for Unbundled Network Elements (UNEs) and Ancillary Services.The demarcation point for unbundled network elements and ancillary services is that physical point where Qwest shall terminate its unbundled network elements and ancillary services for access by Sprint.There are standard demarcation points where unbundled network elements and ancillary sentices may be delivered to Sprint.Sprint shall specify its choice of standard demarcation points for its access to UNEs and ancillary services.One standard demarcation point is at Sprint-provided cross connection equipment in Sprint's Physical or Virtual Collocation space.A second Page 81 Part D Collocation standard demarcation point is at an Interconnection Distribution Frame as described in Section (D)1.1.6.To the extent Sprint selects a demarcation point outside of its collocated space, such as an ICDF,Sprint shall provide and Qwest shall install the tie cables from Sprint's collocated equipment to the demarcation point.Alternatively,Qwest shall provide and install these tie cables,at Sprint's expense. (D)3.1.5.1 Qwest will provide a connection between an unbundled network element and the demarcation point,and an ancillary service and a demarcation point.Such connection is an Interconnection Tie Pair (ITP).The demarcation point shall be: (D)3.1.5.1.1 at Sprint-provided cross-connection equipment located in Sprint's Virtual or Physical Collocation Space;or (D)3.1.5.1.2 if Sprint elects to use ICDF Collocation,at an Interconnection Distribution Frame (ICDF);or (D)3.1.5.1.3 if Sprint elects to use an ICDF in association with Virtual or Physical Collocation,at an ICDF. (D)3.1.6 Qwest will fill Sprint's requests for Collocated space when space is available.Qwest will also provide Sprint,at a cost, permitted structures Sprint requests in support of their collocated equipment.Such structures include,but are not limited to,a cage (for Caged Physical Collocation),HVAC, power and grounding,any required cabling between Sprint's telecommunications equipment and designated frames,and any other associated hardware. (D)3.1.7 All equipment placed will be installed in accordance with Qwest Technical Publications 77350,77351,77355,77367,77386 and 77390.Qwest shall provide standard central office alarming pursuant to Technical Publication 77390 within the central office environment,but not to Sprint's equipment. Sprint is responsible for the monitoring of its own equipment. (D)3.1.8 Qwest will provide Sprint with the opportunity to identify a primary and an alternate form of collocation on a single application for collocation.Requests for Collocation may be denied due to the lack of sufficient space in a Qwest Wire Center for placement of Sprint's equipment.In the event the original collocation as requested is not available,Qwest will notify Sprint and identify the reason the primary request cannot be met and will identify available variations on the primary request.In addition,Qwest will indicate whether the requested Page 82 Part D Collocation alternative is available.The Parties will discuss how to proceed.If variations of either option are agreeable,Qwest will complete the application process.If Sprint did not specify an alternative form of collocation on the original application form, Sprint will be required to submit a new application form requesting a different type of collocation.An additional application fee is required for each subsequent collocation application. (D)3.1.9 In the event that Qwest requires additional Wire Center space in order to satisfy its own business needs,and Qwest takes action to add equipment space to a Wire Center,additional CLEC space requirements for collocation will be taken into consideration. (D)3.1.10 Requests for Collocation from Sprint will be prioritized by Qwest,but in the event Sprint submits requests for Collocation, such that more than five (5)requests per week,per state are in process by Qwest,the following procedure shall apply: (D)3.1.10.1 Qwest and Sprint shall work cooperatively and in good faith to establish a project plan and schedule to implement Sprint's requests for Collocation. The project plan shall establish staggered due dates on both the up-front and ready-for-service dates,and outline responsibilities for each Party; (D)3.1.10.2 The project plan established by Qwest and Sprint to implement Sprint's request for Collocation may also be used by Sprint to prioritize implementation of Collocation requests in the event that five (5)or fewer requests for Collocation per week,per state submitted by Sprint are being processed by Qwest; (D)3.1.10.3 Should the Parties not reach agreement on the project plan,Sprint's requests for Collocation shall be addressed by Qwest on an individual case basis. (D)3.1.11 If Qwest denies a request for Collocation in a Qwest Wire Center due to space limitations,Qwest shall allow Sprint representatives to tour the entire Wire Center premises escorted by Qwest personnel within ten (10)calendar days of the denial of space.Such tour shall be without charge to Sprint.If,after the tour of the premises,Qwest and Sprint disagree about whether space limitations at the Wire Center make Collocation impractical,Qwest and Sprint may present their argument to the Commission. Page 83 Part D Collocation (D)3.1.11.1 Qwest shall submit to the Commission,subject to any protective order as the Commission may deem necessary,detailed floor plans or diagrams of any premises where physical collocation is not practical because of space limitations. (D)3.1.11.2 Qwest will maintain a publicly available document, posted for viewing on the Qwest website, indicating all premises that are full,and will update this document within ten calendar days of the date at which a premises runs out of physical space. (D)3.1.11.3 ff a request for Collocation is denied due to a lack of space in a Qwest Wire Center,Sprint may request Qwest to provide a cost quote for the reclamation of space and/or equipment.In the event Sprint requests,Qwest shall remove obsolete unused equipment from its Wire Center to increase the amount of space available for Collocation at Qwest's expense. (D)3.1.11.3.1 Reclamation may include the following: Space Reclamation -Administrative space that can be reconditioned, downsized or modified for the placement of telecommunications equipment. Grooming -The moving of circuits from working equipment to other equipment bays with similar functionality for the purpose of providing space for Interconnection. (D)3.1.11.3.2 Quotes for reclamation will be developed within sixty (60)business days including the estimated time frames for the work that is required in order to satisfy the Collocation request.Qwest will prorate these costs based on the percentage of the space Sprint has requested prior to providing Sprint a quote.Sprint has thirty (30)business days to accept the quote.If Sprint accepts the quote,work will begin on receipt of fifty percent (50%)of the quoted charges and proof of insurance,with the balance due on completion. Page 84 Part D Collocation (D)3.1.12 All equipment shall meet the same earthquake ratingrequirementsasQwestusesforengineeringitsownequipmentinstallation.The installation of all equipment shall beperformedinamannertocomplywiththeearthquakeratingstandardsforthegeographicareaofthecentraloffice. (D)3.1.13 Transmission Facility Access to Collocation Space.For Virtual or Physical Collocation,Sprint may select from three (3)optional methods for facility access to its collocation space.They include:1)fiber entrance facilities,2)purchasing private line services,and 3)unbundled network elements. (D)3.1.14 Qwest will provide Sprint with two points of entry into a Qwest wire center when Qwest utilizes two separate entrances into the wire center building for its own use and when there are vacant entrance ducts in both.Qwest will promptly remove anyunusedcablingtofreeupentranceductswhennootherducts are available.If Qwest requires additional Collocation entrancefacilitiesforitsownuse,then the needs of CLECs will also betakenintoconsideration. (D)3.1.15 Where Collocation entrance facilities are not available,Qwest will offer Sprint Qwest DS3 or DS1 Private Line Transport Services in accordance with Tariff terms and conditions,in lieu of entrance facilities to be terminated at Sprint's collocated equipment. (D)3.1.16 Nothing herein shall be construed to limit Sprint's ability toobtainanyoralltypesofQwestCollocationinasinglelocation,provided space is available. (D)3.1.17 Cancellation of Collocation Request.Sprint may cancel acollocationrequestpriortothecompletionoftherequestbyQwestbysubmittingawrittenrequestbycertifiedmailtothe Qwest Account Manager.Sprint shall be responsible for payment of all costs incurred by Qwest up to the point wherecancellationisreceived. (D)3.1.18 Termination of Collocation Arrangement.Sprint may terminate a completed collocation arrangement by submitting a thirty (30)calendar day written notice via certified mail to the Qwest Account Manager.Prior to the effective termination date of Sprint's collocation arrangement with Qwest,Sprint will removetheircollocatedequipmentandcabling. (D)3.1.19 Sprint may construct its own connection,using copper oropticalfiberequipment,between Sprint's equipment and that ofanotherCLEC.Using an approved vendor,Sprint may place its own connecting facilities outside of the actual physical collocation space,subject only to reasonable safety limitations. Page 85 Part D Collocation (D)3.1.20 Qwest will provide Sprint the same connection to the network as Qwest uses for provision of services to Qwest end users. The direct connection to Qwest's network is provided to Sprint through direct use of Qwest's existing cross connection network.Sprint and Qwest will share the same distributing frames for similar types and speeds of equipment,where technically feasible and space permitting. (D)3.1.21 For Caged Physical Collocation,Sprint's leased floor space will be separated from other CLECs and Qwest space through a cage enclosure.Qwest will construct the cage enclosure or Sprint may choose from Qwest approved contractors to construct the cage in accordance with the technical publications listed below.All Sprint equipment placed will be installed in accordance with Qwest Technical Publications 77350,77351,77355,77386,77390 and 77367,and will comply with any local,state,or federal regulatory requirements in effect at the time of equipment installation or that subsequently become effective.These appropriate Qwest Technical Publications must be available to the installation crew while performing installation work on Qwest property. (D)3.1.22 All equipment placed will be subject to random audits conducted by Qwest.Sprint will be given thirty (30)calendar days notice of such audits detailing the reason and scope of the audit and inviting Sprint to attend as the audit is performed. These audits will determine whether the equipment meets the standards required by this Agreement.Sprint will be notified by cedified mail of the results of this audit pursuant to the notices section of this Agreement.Sprint shall rectify all non- conformities or officially appeal,through the Dispute Resolution process,any finding of non-conformity within thirty (30) calendar days of notification.If,at any time,pursuant to a random audit or otherwise,Qwest determines that the equipment or the installation does not meet Qwest technical requirements,or is determined to be unsafe,Sprint will be responsible for the costs associated with the removal, modification to,or installation of the equipment to bring it into compliance.If Sprint fails to correct any non-compliance within a mutually agreed upon timeframe after written notice of non- compliance,Qwest will have the equipment removed or the condition corrected at Sprint's expense. (D)3.1.23 Conversion of Virtual Collocation (e.g.,Virtual-to-Cageless Physical)is available upon request and submission of a Quote Preparation Fee (QPF)by Sprint.Sprint must pay all associated conversion charges.Conversions shall be in accordance with Qwest's standard Collocation provisioning processes.If required,Sprint will submit separate service orders for Page 86 Part D Collocation grooming Sprint's existing end user circuits to the newCollocation. (D)3.1.24 If the property,or any portion thereof which includes asubstantialpartoftheCollocationSpace,shall be taken orcondemnedbyanycompetentauthorityforanypublicuseorpurpose,the term of a Collocation Space license shall end upon,and not before,the date when the possession of the part so taken shall be required for such use or purpose.If anycondemnationproceedingshallbeinstitutedinwhichitissoughttotakeordamageanypartoftheproperty,or if the grade of any street or alley adjacent to the property is changed by any competent authority and such change of grade makes it necessary or desirable to remodel the property to conform to the changed grade,US WEST shall have the right to terminate a Collocation Space license upon not less than 30 days noticepriortothedateofcancellationdesignatedinthenotice.SprintshallreceiveitsproportionateshareofanymoneyorotherconsiderationpayablebyUSWESTtoSprintforsuchcancellation,and Sprint shall have a right to share in thecondemnationawardorinanyjudgmentfordamagescausedbysucheminentdomainproceedings. (D)3.1.25 Any disputes regarding equipment shall follow the guidelinesoutlinedinFCC99-48,51.323(b). (D)3.1.26 Qwest will connect Sprint to another collocated CLEC,in the same physical location,at Sprint's request and at Sprint'sexpense.If Sprint chooses not to use Qwest for such facility, Qwest will permit Sprint,or the other CLEC connecting to Sprint,to construct such a connection. (D)3.2 Terms and Conditions -Virtual Collocation (D)3.2.1 Qwest is responsible for installing and maintaining Sprint'sViduallyCollocatedequipmentforthepurposeofInterconnectionortoaccessUNEs. (D)3.2.2 Sprint will not have physical access to the Virtual CollocatedequipmentintheQwestWireCenter.However,Sprint will have physical access to the demarcation point in the Qwest Wire Center. (D)3.2.3 Sprint will be responsible for obtaining and providing to Qwest administrative codes,(e.g.,common language codes),for all equipment provided by Sprint and installed in Wire Centerbuildings. (D)3.2.4 Sprint shall ensure that upon receipt of Sprint's Vidually Collocated equipment by Qwest,all warranties and access toongoingtechnicalsupportarepassedthroughtoQwest,all at Page 87 Part D Collocation Sprint's expense.Sprint shall advise the manufacturer and seller of the virtually collocated equipment that Sprint's equipment will be possessed,installed and maintained by Qwest. (D)3.2.5 Sprint's virtuallycollocated equipment must comply with Qwest Wire Center environmental and transmission standards and any statutory (local,state or federal)and/or regulatory requirements in effect at the time of equipment installation or that subsequently become effective.Sprint shall provide Qwest interface specifications (e.g.,electrical,functional,physical and software)of Sprint's virtuallycollocated equipment. (D)3.2.6 Sprint must specify all software options and associated plug-ins for its virtuallycollocated equipment. (D)3.2.7 Sprint will be responsible for a one-time payment of Qwest Direct Training Charges associated with training Qwest employees for the maintenance,operation and installation of Sprint's Virtually Collocated equipment when such equipment is different than the standard equipment used by Qwest in that Central Office.This includes per diem charges (i.e.,expenses based upon effective Qwest labor agreements),travel and lodging incurred by Qwest employees attending a vendor- provided training course. (D)3.2.8 Sprint will be responsible for payment of charges incurred in the maintenance and/or repair of Sprint's virtually collocated equipment.Qwest will provide itemized billing for such charges. (D)3.2.9 Sprint will transfer possession of Sprint's virtually collocated equipment to Qwest via a no cost lease.The sole purpose of the lease is to provide Qwest with exclusive possessory rights to Sprint's virtually collocated equipment.Title to the SprintvirtuallycollocatedequipmentshallnotpasstoQwest. (D)3.3 Terms and Conditions -Caged Physical Collocation (D)3.3.1 Qwest shall provide Caged Physical Collocation to Sprint for the purpose of Interconnection or access to UNEs.Qwest may offer an alternative form of collocation when Qwest demonstrates that Caged Physical Collocation is not practical for technical reasons such as space limitations,as provided in Section 251(c)(6)of the Act. (D)3.3.2 Qwest shall provide basic telephone service with a connection jack at the request of Sprint for the Physical or Cageless Physical Collocated space.Upon Sprint's request,this service shall be available per standard Qwest business sentice provisioning processes. Page 88 Part D Collocation (D)3.3.3 Sprint must begin equipment installation within sixty (60)days of cage acceptance unless Sprint demonstrates mitigating circumstances.Mitigating circumstances are circumstances outside Sprint's control which have delayed Sprint's use of the space.Sprint shall actively use fifty percent (50%)of the space to provide telecommunication services within twelve (12) months of acceptance.If Qwest identifies under-utilized space, Qwest reserves the right to reclaim the unused portion andallocateittoanotherCLECifarequestispendingandanoutof space condition exists in that Central Office. (D)3.3.4 Sprint's leased floor space will be separated from other CLECs and Qwest space through a cage enclosure unless the space isprovidedunderasharedspaceCollocationarrangementin which case there will not be any cage delineation between the sharing parties.Qwest will construct the cage enclosure.All Sprint equipment placed will be installed in accordanceapplicableQwestTechnicalPublications,i.e.,77390 and 77367,and will comply with any local,state,or federalregulatoryrequirementsineffectatthetimeofequipment installation or that subsequently become effective. (D)3.3.5 Qwest will designate and design the floor space within each Wire Center which will constitute Sprint's leased space.Sprint has the right to review the space and request a change in location for cause.Upon such request,the Parties will meet and negotiate the space that will be assigned to Sprint for their collocation.Renegotiations of space may require a renegotiations of the timeline.Reasons for such a request might include but are not limited to:security concerns,proximity to hazards,e.g.,water pipes and/or sources of vibration,and proximity to resources,e.g.,DC power and distance to other Central Office equipment. (D)3.3.6 Sprint's leased floor space will be separated from othercompetitiveprovidersandQwestspacethroughcagesorhard walls.Sprint may elect to have Qwest construct the cage,or choose from Qwest approved contractors (or request approval of Sprint preferred contractors)to construct the cage, complying with applicable Qwest Technical Publication(s). (D)3.3.7 When Qwest constructs the Caged Physical space,Qwest will ensure that the necessary construction work (racking,ducting, caging,grounding,terminations,environmental designs,AC and DC power,etc.)is performed to build Sprint's leased physical space and the riser from the vault to the leased physical space,complying with applicable Qwest Technical Publication(s). Page 89 Part D Collocation (D)3.3.8 Sprint owns and is responsible for the installation,maintenance and repair of its telecommunications equipment located within the physically collocated space rented from Qwest. (D)3.3.9 Sprint and Qwest will complete an acceptance walk through of all collocated space requested from Qwest.The walk through will be scheduled within fifteen (15)calendar days after Qwest notifies Sprint that the cage is available for acceptance. Exceptions that are noted during this acceptance walk through shall be corrected by Qwest within fifteen (15)calendar days after the walk through unless mitigating circumstances beyond Qwest's control delay such completions.The correction of these exceptions from the original collocation request shall be at Qwest's expense. (D)3.3.10 Sprint is responsible to order its DSO,DS1,DS3,Ocn (fiber) Expanded Interconnection Channel Terminations. (D)3.3.11 Testing of the completed Collocation network components will be performed after Sprint completes its equipment installation. Qwest will test to the demarcation point of its portion of affected circuits.Subsequent joint testing between the Parties will be conducted in accordance with the rates and terms of this Agreement. (D)3.4 Terms and Conditions -Cageless Physical Collocation (D)3.4.1 Sprint owns and is responsible for the installation,maintenance and repair of Sprint-provided telecommunications bays and equipment located within the space leased from Qwest.Sprint may access its own Collocated equipment. (D)3.4.2 Requests for multiple bay space will be provided in adjacent bays where possible.When adjacent space is not available, bays may either be commingled with other CLECs'equipment bays or,upon Sprint's request,Qwest will provide Sprint with a price quote to rearrange Qwest equipment to provide Sprint with adjacent bay space.See Section (D)4.1.2. (D)3.5 Terms and Conditions -ICDF Collocation (D)3.5.1 The use of the appropriate cross-connect device does not require Sprint to establish Collocation.Sprint may order UNEs without Collocation.Sprint shall have access to,and be able to combine the UNEs at the appropriate cross-connect device under the same terms and conditions as other CLECs ordering UNEs in conjunction with Collocation. (D)3.5.2 Qwest will provide Sprint with access to the Central Office for the purpose of combining UNEs on the appropriate cross- connect device.This access will be equal to the access Qwest Page 90 Part D Collocation provides itself for similar purposes.This access will be on the same terms and conditions described for other types ofCollocationinthisSection. (D)3.5.3 The appropriate cross-connect device will be the location where all Qwest UNEs and Sprint's equipment and tie cables are terminated.Sprint may combine UNEs on the appropriate cross-connect device to make connections in three basic types of configurations: (D)3.5.3.1 Qwest UNEs to Qwest UNEs (D)3.5.3.2 Qwest UNEs to Sprint's equipment (D)3.5.3.3 Sprint's equipment to another CLEC's equipment Sprint may also cross-connect via other arrangements forcombinationsandconnectionsofUNEspereffectivestateand federal orders. (D)3.5.4 The appropriate cross-connect device is the demarcation point between Sprint and Qwest owned network facilities andequipmentaswellasthepointofterminationbetweenUNEs. The demarcation point can be used as the designated testpointforthePartiestotesttheirportionofthecircuit. (D)3.5.5 All Qwest terminations on the appropriate cross-connect device will be given a frame address.Qwest will establish and maintain frame address records for Qwest terminations.Qwest will provide the frame address information to Sprint for each Qwest UNE ordered and will maintain assignment records of such Qwest UNEs (loop,switch port,etc.)and terminations (tie cable pair)on the appropriate cross-connect device. (D)3.5.6 Sprint will maintain assignment records for the terminations of Sprint's equipment on the appropriate cross-connect device.Sprint will maintain the assignment records for those frame addresses involved in connecting Sprint's equipment to Qwest UNEs and Qwest UNEs connected to Qwest UNEs. (D)3.5.7 Sprint will be required to place the jumper connection between frame addresses to complete Sprint's circuit.Qwest will comply with any other connection arrangements ordered.The Parties may negotiate other arrangements. (D)3.5.8 To the extent that Sprint's requested use of the appropriate cross-connect device results in Qwest incurring building or frame additions,construction charges may apply. (D)3.6 Terms and Conditions -Microwave Entrance Page 91 Part D Collocation (D)3.6.1 Microwave Collocation provides Sprint with the ability to place their antennae on leased spare microwave tower space on an existing Qwest owned tower at a Qwest central office to be used as an entrance facility to a Qwest Wire Center for purposes of Collocation.This type of entrance facility may be used instead of a cable entrance facility.Qwest will not build new structures for Sprint's microwave entrance facility request. (D)3.6.2 The demarcation or point of interconnection between Sprint's collocated microwave equipment and the entrance wave-guide is at the antenna flange or connector.The wave-guide will be connected to the wave-guide hatch structure and will then run directly through the appropriate Central Office racking to the second connection point located at Sprint's radio equipment. (D)3.6.3 Qwest installs and maintains the wave-guide via riser in the Wire Center.Sprint does not have access to the wave-guide. (D)3.6.4 Spare microwave tower space will be assessed in terms of physical loading constraints.Microwave frequency use will be limited by frequency availability to avoid Radio Frequency Interference. (D)3.6.5 Sprint shall provide Qwest,on the Qwest collocation form,with relevant technical requirements (see Qwest Technical Publications 77355),including,but not limited to the following: (D)3.6.5.1 Type of antenna mount (pipe,non-penetrating roof mount); (D)3.6.5.2 Type of equipment to be collocated (vendor, capacity); (D)3.6.5.3 Line of sight requirements (Azimuth); (D)3.6.5.4 Station Name,Call Sign,Latitude,Longitude, Primary Antenna Type,Antenna Center Line (C/L), Antenna Gain,Diversity Antenna type (if used), Diversity Antenna C/L,Diversity Antenna Gain, Equipment Type; (D)3.6.5.5 Equipment Emission,Power (dBm/Watts), Receive Level (dBm),EIRP (dBm/Watts), Transmit Frequency (MHz); (D)3.6.5.6 Other relevant information as identified at a site visit or other time. (D)3.6.6 Sprint will utilize Qwest Technical Publication 77386,Section 2.75,regarding the requirements of contractors working on Qwest towers.This specifically points to Specification Page 92 Part D Collocation standards for the Installation,Maintenance and Removal ofmicrowaveequipment. (D)4.Rate Elements (D)4.1 Rate Elements -All Collocation (D)4.1.1 Qwest will recover Collocation costs through both recurring andnon-recurring charges.The charges are determined by thescopeofworktobeperformedbasedontheinformationprovidedbySprintontheCollocationOrderForm.If thefeasibilitystudydeterminesthatspaceisavailable,a quote isthendevelopedbyQwestfortheworktobeperformed. (D)4.1.2 Quote Preparation Fee.A non-refundable charge for the workrequiredtoverifyspaceanddevelopapricequoteforthetotalcoststoSprintforitsCollocationrequest.The QPF is notcreditedagainstthetotalnon-recurring charges of the job and recovers the engineering and processing costs of the order. (D)4.1.3 Collocation Entrance Facility Charge.Depending on thenumberofEntranceFacilitiesrequested(single or dual)theEntranceFacilitychargeisappliedperfiberpair.At each entrance Sprint will deliver a minimum 12-strand fiber cable totheQwestPOl.The facilities from the POl to the collocatedequipmentareowned,provided,engineered,installed andmaintainedbyQwest.The Collocation Entrance Facilityincludesriser,racking,fiber placement,splicing,entranceclosure,conduit/innerduct,and core drilling. (D)4.1.4 Cable Splicing Charge.Represents the labor and equipment toperformasubsequentsplicetoSprintprovidedfiberopticcableaftertheinitialinstallationsplice.Includes per-setup and per-fiber-spliced rate elements. (D)4.1.5 -48 Volt DC Power Charge.Provides -48 voit DC power toSprintcollocatedequipment.Charged on a per ampere basis. (D)4.1.6 -48 Volt DC Power Cable Charge.Provides for the transmission of -48 volt DC power to the collocated equipment. It includes engineering,furnishing and installing the maindistributionbaypowerbreaker,associated power cable,cablerackandlocalpowerbaytotheclosestpowerdistributionbay. It also includes the power cable (A and B feeds)from the localpowerdistributionbaytotheleasedphysicalspace(forCagelessorCagedPhysicalCollocation)or to the collocatedequipment(for Virtual Collocation).Charged per A and Bfeeder,per foot. (D)4.1.7 AC Power Feed.The AC Power feed is optional and recovers the cost of providing for the engineering and installation of wire, Page 93 Part D Collocation conduit and support,breakers and miscellaneous electricalequipmentnecessarytoprovidetheACpower,with generator backup,to Sprint's space.When the AC Power Feed is selected,it is available as a single or triple phase option and is rated on a per foot and per ampere basis. (D)4.1.8 Inspector Labor Charge.Provides for Qwest qualifiedpersonnel,acting as an inspector,when Sprint requires access to the POI manhole after the initial installation.A call-out of aninspectorafterbusinesshoursissubjecttoaminimumcharge of three (3)hours.The minimum call-out charge shall apply when no other employee is present in the location,and an 'off- shift'Qwest employee (or contract employee)is required to go'on-shift'on behalf of Sprint. (D)4.1.9 Channel Regeneration Charge.Required when the distance from the leased physical space (for Caged Physical Collocation or Cageless Physical Collocation)or from the collocatedequipment(for Virtual Collocation)to the Qwest network is ofsufficientlengthtorequireregeneration.The cost associated with regeneration will be borne by Sprint. (D)4.1.10 Cross-Connect Terminations (D)4.1.10.1 If Qwest provides the equipment cable for Sprint, terminations of that cable,including hardware and installation,will be provided in the following increments: DSO -In blocks of 100 terminations. DSi -In increments of 28 terminations. DS-3 -In increments of 1 coax pair. OCn Level Terminations -In increments of 1 fiber pair. (D)4.1.10.1.1 These elements include Qwest provided equipment cables, terminating blocks,installation labor and associated racking required between Sprint collocated equipment and the appropriate cross-connect device. (D)4.1.10.2 If Sprint elects to provide the equipment cable, rates are applied on a per termination basis for DSO,DS1,and DS3s as shown below: DSO Per Termination DS1 Per Termination DS3 Per Termination OCn Level Per Termination Page 94 Part D Collocation (D)4.1.10.2.1 These elements include Qwest provided termination blocks, installation labor and associated racking between Sprint collocated equipment and the appropriate cross-connect device. (D)4.1.11 Collocation Cable Racking -A charge for cable racking (theplacementofthecableinthecableracks)required forplacementofSprint's supplied equipment cables from itsequipmenttotheappropriatecross-connect device which isprovidedinconjunctionwiththeDSO,DS1,DS3 and OCnterminations.This charge applies only where (D)3.1.10.1 and (D)3.1.10.2 are not applicable.Cable Racking is assessed on a per foot charge based on the number of cable pairs or fibers terminated at the various cross-connect devices. (D)4.1.12 Collocation Grounding Charge -A charge associated with providing grounding for the Sprint cage enclosure andequipment.Recurring and non-recurring charges are assessed per foot to Sprint's cage enclosure or common space where required. (D)4.1.13 Heating and Air Conditioning Charge -Environmental temperature control required for proper operation of electronictelecommunicationsequipment. (D)4.1.14 Security Charge --The costs associated with key card readers and video cameras used as part of the Wire Center security will be prorated to Sprint on the same basis that is prorated to Qwest and other CLECs.A flat rate charge will be assessed per employee for each Qwest Wire Center,to which access is required. (D)4.1.15 CO Synchronization -CO Synchronization provides Composite Clock and/or DS1 Synchronization signals traceable to a Stratum 1 source.Sprint must determine synchronizationrequirementsandnotifyQwestoftheserequirementswhen ordering the clock signals.The Composite Clock signal is a 64 kHz,nominal 5/8 duty cycle,bipolar return-to-zero signal with a bipolar violation every eighth pulse.The DS1 Clock signal is a framed,all-ones,1.544 Mbit/s (DS1)signal using the superframe format and Alternate Mark Inversion line code.COSynchronizationisrequiredforcollocationservicesinvolving digital connections.Synchronization may be required for analog services depending on the IDE involved.CO Synchronization is available where Qwest Wire Centers are equipped with Building Integrated Timing Supply (BITS).CO Synchronization is an option ordered by Sprint on the Page 95 Part D Collocation Collocation Order Form.The recurring rate is billed per equipment bay as set forth in Part H of this Agreement. (D)4.2 Rate Elements -Virtual Collocation The following rate elements,as specified in Part H of this Agreement,apply uniquely to Virtual Collocation. (D)4.2.1 Maintenance Labor -Provides for the labor necessary for repair of out of service and/or service-affecting conditions and preventative maintenance of Sprint virtually collocated equipment.Sprint is responsible for ordering and delivering maintenance spares.Qwest will notify Sprint immediately of any spares required for emergency repairs and will also cooperate with Sprint on scheduling routine maintenance work. Qwest will perform maintenance and/or repair work upon receipt of the replacement maintenance spare and/or equipment from Sprint.A call-out of a maintenance technician after business hours is subject to a minimum charge of three (3)hours. (D)4.2.2 Training Labor -Provides for the billing of a one-time charge for vendor-provided training for Qwest personnel on a metropolitan service area basis,necessary for Sprint virtually collocated equipment which is different from Qwest provided equipment.Qwest will require three Qwest employees to be trained per metropolitan service area in which Sprint virtually collocated equipment is located.If,by an act of Qwest,trained employees are relocated,retired,or are no longer available, Qwest will not require Sprint to provide training for additional Qwest employees for the same virtuallycollocated equipment in the same metropolitan area. (D)4.2.3 Equipment Bay -Provides mounting space for Sprint virtually collocated equipment.Each bay includes the 7-foot bay,its installation,and all necessary environmental supports. Mounting space on the bay,including space for the fuse panel and air gaps necessary for heat dissipation is limited to 78 inches.The monthly rate is applied per shelf. (D)4.2.4 Engineering Labor -Provides the planning and engineering of Sprint virtuallycollocated equipment at the time of installation, change or removal. (D)4.2.5 Installation Labor -Provides for the installation,change or removal of Sprint virtuallycollocated equipment. (D)4.3 Rate Elements -Caged Physical Collocation (D)4.3.1 Space Construction and Site Preparation -This section addresses the cost of material and labor to construct and Page 96 Part D Collocation prepare the collocation space.It also includes air conditioning (to support Sprint loads specified),lighting (not to exceed 2 watts per square foot),and convenience outlets (3 per cage or Cageless Collocation or number required by building code)and the cost associated with space engineering.For the Caged Collocation,it includes a nine foot high cage enclosure.Sprint may elect to have Qwest construct the cage,or choose from Qwest approved contractors (or request approval of Sprint preferred contractors)to construct the space,including the cage in the case of Caged Collocation,in accordance with Qwest Installation Technical Publications 77351,77355,77386, 77390 and 77367 and 77350.Pricing for the Space Construction and Site Preparation is described in Part H. (D)4.3.2 Floor Space Lease.Provides the monthly lease for the leased physical space,property taxes and base operating cost without -48 volt DC power.Includes convenience 110 AC,15 amp electrical outlets provided in accordance with local codes and may not be used to power telecommunications equipment or -48 volt DC power generating equipment.Also includesmaintenancefortheleasedspace;provides for the preventative maintenance (climate controls,filters,fire and life systems and alarms,mechanical systems,standard HVAC); biweekly housekeeping services (sweeping,spot cleaning, trash removal)of Qwest Wire Center areas surrounding the leased physical space (which may be charged separately)and general repair and maintenance.The Floor Space Lease includes required aisle space on each side of the cage enclosure,as applicable. (D)4.3.3 AC Power Charge -Standard AC outlet used by Sprint for the purpose of powering test equipment,tools etc. (D)4.3.4 Grounding Charge -Used to connect the Central Office common ground to Sprint's equipment. (D)4.4 Rate Elements -Cageless Physical Collocation The supporting structure and rate elements for Cageless Physical Collocation are the same as Caged Physical Collocation,excluding the non- recurring cage enclosure and grounding charge.The minimum square footage is 9 square feet per bay.AC power outlet will be provided to everyotherbayinthelineup.In those instances where single bays are requested and placed,the single bay will have it's own AC outlet. (D)4.5 Rate Elements -ICDF Collocation (D)4.5.1 The charges for ICDF single terminations shall apply as described above and are contained in Part H. Page 97