20040202Amendment.pdf

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Mary S, Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
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Robert Heath
American Fiber Network, Inc.
904 Sunningdale
Richland, TX 75081
Telephone: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF U S WEST
COMMUNICA nONS, INe. AND AMERICAN
FIBER NETWORK, INe. FOR APPROVAL OF
A WIRE LINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 US.
9252(E)
CASE NO.: USW-00-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation flea U S West Communications, Inc. ("Qwest") and American Fiber
Network, Inc. ("American Fiber ) hereby jointly file this Application for Approval of
Amendment to the Interconnection Agreement ("Amendment"), which was approved by the
Idaho Public Utilities Commission on August 8, 2000 (the "Agreement"). A copy of the
Amendment is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-167001.1 0029164-00016
American Fiber and Qwest respectfully submit this Amendment provides no basis for
either of these findings, and, therefore jointly request that the Commission approve this
Amendment expeditiously. This Amendment is consistent with the public interest as identified
in the pro-competitive policies of the State of Idaho, the Commission, the United States
Congress, and the Federal Communications Commission.Expeditious approval of this
Amendment will enable American Fiber to interconnect with Qwest facilities and to provide
customers with increased choices among local telecommunications services.
American Fiber and Qwest further request that the Commission approve this Amendment
without a hearing. Because this Amendment was reached through voluntary negotiations, it does
not raise issues requiring a hearing and does not concern other parties not a party to the
negotiations. Expeditious approval would further the public interest.
Respectfully submitted this 2nd day of February, 2004.
Qwest Corporation
~!f:. it:
h--
Stoel Rives LLP, Attorneys for Qwest
and
Robert Heath
American Fiber Network, Inc.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-167001.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 2nd day of February, 2004, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
iiewell~puc.state.id.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Robert Heath
American Fiber Network, Inc.
904 Sunningdale
Richland, TX 75081
Telephone: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~tP '~t'A
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Boise-167001.1 0029164-00016
Triennial Review Order Amendment
to the Interconnection Agreement between
Qwest Corporation and
American Fiber Network, Inc.
for the State of Idaho
This is an Amendment ("Amendment") for the Triennial Review Order (TRO) to the
Interconnection Agreement between Owest Corporation ("Owest"), and American Fiber
Network, Inc. ("CLEC"
).
CLEC and Owest shall be known jointly as the ("Parties
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement (such Interconnection
Agreement, as amended to date, being referred to herein as the "Agreement") for service in the
state of Idaho which was approved by the Idaho Public Utilities Commission ("Commission
August 8, 2000; and
WHEREAS , the Federal Communications Commission promulgated new rules and regulations
pertaining to, among other things, the availability of unbundled network elements pursuant to
Section 251 (c)(3) of the Telecommunications Act of 1996 (the "Act") and its Report and Order
the Matter of Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange
Carriers; Implementation of the Local Competition Provisions of the Telecommunications Act of
1996; Deployment of Wireline Services Offering Advanced Telecommunications Capability,
Docket Nos. 01-338, 96-98 and 98-147, released on August 21 2003 (the "TRO"); and
WHEREAS, the TRO and the above rules and regulations, effective October 2, 2003, materially
modified Owest's obligations under the Act with respect to, among other things, the requirement
to offer certain network elements on an unbundled basis; and
WHEREAS, the Parties wish to amend the Agreement to comply with the TRO and hereby
agree to do so under the terms and conditions contained herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained
in this Amendment and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
I. Amendment Terms
A. To the extent applicable, the Agreement is hereby amended by changing or adding
terms, conditions and rates for certain network elements as set forth in Attachment 1 and Exhibit
, to this Amendment, attached hereto and incorporated herein by this reference.B. Rates in Exhibit A that are "Under Development" shall be updated upon establishment of
a rate. Rates in Exhibit A shall otherwise be updated to reflect legally binding decisions of the
Commission and shall be applied on a prospective basis from the effective date of the legally
binding Commission decision , unless otherwise ordered by the Commission.
January 16, 2004/mmd/American Fiber Network, Inc.fTRO AmendJlD
Amendment to CDS-OOO524-0012
II. Limitations.A. Nothing in this Amendment shall be deemed an admission by Owest or CLEC
concerning the interpretation or effect of the FCC's decision and rules adopted in TRO, nor
rules, regulations and interpretations thereof, including but not limited to state rules, regulations
and laws as they may be issued or promulgated regarding the same ("Decision(s)"). Nothing in
this Amendment shall preclude or estop Owest or CLEC from taking any position in any forum
concerning the proper interpretation or effect of Decisions or concerning whether the Decision
should be changed, vacated, dismissed, stayed or modified.
B. Notwithstanding any other change of law provision in the Agreement, this Amendment,
any Owest tariff or SGAT, should a court or regulatory authority with jurisdiction issue a stay of
any or all of the provisions of the TRO, the terms set forth in this Amendment shall be
suspended and shall have no force and effect from the effective date of the stay until the stay is
lifted, but only to the extent such Amendment terms relate to the stayed provisions of the TRO.
Should a court or regulatory authority with jurisdiction reverse any or all of the provisions of the
TRO, the terms set forth in this Amendment shall be void and of no further force and effect, but
only to the extent the terms of this Amendment relate to the provisions of the TRO that have
been reversed.
III.Conflicts.
In the event of a conflict between this Amendment and the terms and conditions of the
Agreement, this Amendment shall control , provided, however, that the fact that a term or
provision appears in this Amendment but not in the Agreement shall not be interpreted as, or
deemed a grounds for finding, a conflict for purposes of this Section III.
IV. Scope.
This Amendment shall amend, modify and revise the Agreement only to the extent the network
elements listed in Attachment 1 and Exhibit A are included in the Agreement and, except to the
extent set forth in Section I and Section II of this Amendment, the terms and provisions of the
Agreement shall remain in full force and effect after the Effective Date.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission.
VI.Amendments; Waivers
The provisions of this Amendment, including the provisions of this sentence, may not be
amended, modified or supplemented, and waivers or consents to departures from the provisions
of this Amendment may not be given without the written consent thereto by both Parties
authorized representative. No waiver by any Party of any default, misrepresentation, or breach
of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any
prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
VII.Entire Agreement
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of the
Agreement as amended and supersedes any prior understandings, agreements, or
January 16, 2004/mmd/American Fiber Network, Inc.fTRO Amend/ID
Amendment to CDS-OOO524-0012
representations by or between the Parties, written or oral , to the extent they relate in any way to
the subjects of the Agreement as amended.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below, in multiple counterparts, each of which is deemed an original, but all of which shall
constitute one and the same instrument.
eri an Fiber Network, Inc.
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Director - Interconnection Aareements
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Date
January 16, 2004/mmd/American Fiber Network, IncImO AmenclllD
Amendment to CDS-OOO524-0012
ATTACHMENT 1
Table of Contents
RECITALS...........................................................................................................
TABLE OF CONTENTS.............................................................................................
DEFINITIONS """"""""""""""""""""""""""""""""""""".....................
UNBUNDLED NETWORK ELEMENTS............ .................... ...................... ......... 5
UNBUNDLED Loop ...................................................................................... 7
SUBLOOP UNBUNDLING .............................................................................
LINE SHARING...........................................................................................
UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT) .........................
UNBUNDLED DARK FIBER...........................................................................
UNBUNDLED SWITCHING ............. .............................. ........................... ...... 14
LOCAL TANDEM SWITCHING ...... ................ ................... ................ .............. 14
LOCAL SWITCHING ....................................................................................
10 SHARED TRANSPORT ................................................................................11 SIGNALING AND DATABASES ......................................................................
11.2 ACCESS TO SIGNALING .............................................................................
11.3 AIN SERVICES .........................................................................................
11.4 LIDB QUERY SERVICE ..........................................................................
.....
11.5 8XX DATABASE OUERY ............................................................................
11.6 ICNAM... ...... ..................
................................................................. ........
11.7 LNP ................................. ........................... .............................................
11.8 DIRECTORY ASSISTANCE ... .................................... ......... ........................... 18
11.9ToLL AND ASSISTANCE OPERATOR SERVICES............................................. 1812 PACKET SWITCHING .......
......... ............................................................ ......
13 UNE-P LINE SPLITTING .............................................................................
14 UNE COMBINATIONS ................................................................................
15 ENHANCED EXTENDED Loop (EEL) ........................................................... 19
COMBINATIONS AND COMMINGLING: ...........................................................
ROUTINE MODIFICATIONS ..........................................................................
EXHIBIT A
................................... ....................... .................................................
January 16, 2004/mmd/American Fiber Network, Inc.rrRO Amend/ID
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ATTACHMENT 1
Definitions
Commingling" means the connecting, attaching, or otherwise linking of an Unbundled Network
Element, or a Combination of Unbundled Network Elements, to one or more facilities or services
that a requesting Telecommunications Carrier has obtained at wholesale from Owest, or the
combination of an Unbundled Network Element, or a Combination of Unbundled Network
Elements, with one or more such facilities or services.
Commingle" means the act of Commingling.
Dedicated Transport" is a Owest provided digital transmission path between Owest Wire
Centers, Owest End Office Switches, and Owest Tandem Switches to which CLEC is granted
exclusive use. The path may operate at DS1 or DS3 transmission speeds.
Non-Oualifying Service" is a service that is not a Oualifying Service.
Oualifying Service is a Telecommunications Service that competes with a
Telecommunications Service that has been traditionally the exclusive or primary domain of
incumbent LECs , including, but not limited to, Local Exchange Service , such as Plain Old
Telephone Service (POTS), and Access Services, such as Digital Subscriber Line services and
high-capacity circuits. Services used solely as an input for CLEC to provide retail interexchange
or information services are not Oualifying Services.
Unbundled Network Element" (UNE) is a Network Element that has been defined by the FCC
or the Commission as a Network Element to which Owest is obligated under Section 251 (c)(3)
of the Act to provide unbundled access or for which unbundled access is provided under this
Agreement. Unbundled Network Elements do not include those Network Elements Owest is
obligated to provide only pursuant to Section 271 of the Act.
Unbundled Network Elements (UNE)
General
1 UNE's shall only be obtained for the provision of qualifying Services. To the
extent spare capacity exists, it may then be used for Non-Oualifying services. If it is determined
that the Unbundled Network Elements are used exclusively for Non-Oualifying Services, CLEC
will have thirty (30) calendar Days to contact Owest and make alternate service arrangements.
On the Effective Date of this Amendment, Owest is no longer obligated to provide
to CLEC certain Network Elements that had formerly been required to be offered pursuant to
Section 251 of the Act. These former Network Elements were determined by the FCC to not
satisfy the FCC's impairment test. As a result, these former Network Elements are not available
pursuant to this Amendment.
OCn Loops;
Feeder Subloops;
DS3 Loops in excess of two (2) DS3 Loops per End User Customer
January 16, 2004/mmd/American Fiber Network, Inc.rrRO Amencl/ID
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ATTACHMENT 1
location;
UDIT (Enhanced Dedicated Unbundled Interoffice Transport) and E-
UDF (Unbundled Dark Fiber) from a Owest Wire Center to a CLEC Wire
Center);
OCn UDIT Transport;
DS3 Unbundled Dedicated Interoffice Transport (UDIT) in excess of
twelve (12) DS3 circuits per route;
Unbundled Signaling (except in conjunction with Unbundled Switching
and UNE-P);
Call Related Databases, including 8XX, LNP, ICNAM, LlDB and AIN)
except in conjunction with Unbundled Switching and UNE-
Packet Switching;
Remote Node/Remote Port
Signaling, except in conjunction with Unbundled Switching and UNE-
Line Sharing, in accordance with the Grandfathering and Transition Plan
described in Section 2.4.1 ;
Fiber to the Home (mH), in accordance with Section 2.
Operator Services and Directory Assistance. except in conjunction with
Unbundled Switching and UNE-P when Owest does not provide
customized routing or the equivalent;
Unbundled Switching at a DS1 capacity, pursuant to a transition process
described in Section 2.
Unbundled Local Tandem Switching provisioned at the DS1 or above
capacity;
SONET add/drop multiplexing; and
Non-copper distribution Subloop unless required to access Owest owned
inside wire at an MTE.3 If, on the Effective Date of this Amendment, Qwest is providing to CLEC
pursuant to orders placed in accordance with a preceding Interconnection Agreement, any of
the Network Elements described above for which an independent unbundling obligation exists
under Section 271 of the Act, absent an agreement to the contrary, Owest shall bill for such
services in accordance with prices and terms that will be described on Qwest's website or
applicable Tariff. Such Billing shall commence on the Effective Date of this Amendment.
January 16, 2004/mmd/American Fiber Network, Inc.fTRO AmendllD
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ATTACHMENT 1
1 .4 The Parties acknowledge that the Commission will undertake proceedings to
determine whether CLECs are impaired without access to certain unbundled loops, switching
and transport Network Elements. In accordance with Unbundled Loops, Unbundled Dedicated
Transport and Unbundled Switching, upon a determination that a particular Unbundled Network
Element is no longer required to be provided on an unbundled basis pursuant to Section 251 of
the Act, Owest shall not be required to provide, and CLEC shall not order, such Network
Elements on an unbundled basis, upon the effective date of the Commission determination.
Unbundled Loop
On the Effective Date of this Amendment, Owest will no longer provide CLEC
certain unbundled loop elements that had formerly been offered pursuant to Section 251 of the
Act.
OCn Loops;
Feeder Subloops;
DS3 Loops in excess of two (2) DS3 Loops per Customer location;
Unbundled Loops on routes where the Commission has found no CLEC
impairment to a specific End User location.
Fiber to the Home Loops (FTTH)
Hybrid Loops, except as identified in the Amendment.
Fiber to the Home (FTTH) Loops For purposes of this Section , a
Fiber-to-the-Home ("FTTH") loop is a local Loop consisting entirely of fiber optic
cable, whether dark or lit, and serving an End User Customer s premises.
FTTH New Builds. Owest shall have no obligation to
provide access to a FTTH loop as an Unbundled Network Element in
any situation where Owest deploys such a loop to an End User
Customer s premises that had not previously been served by any loop
facility prior to October 2 , 2003.
FTTH Overbuilds. Owest shall have no obligation to
provide access to a FTTH loop as an Unbundled Network Element in
any situation where Owest deploys such a loop parallel to, or
replacement of, an existing copper loop facility. Notwithstanding the
foregoing, where Owest deploys a FTTH loop parallel to, or
replacement of, an existing copper loop facility:
Owest shall: (i) leave the existing copper loop
connected to the End User Customer s premises after deploying
the FTTH loop to such premises and (ii) upon request to provide
access to such copper loop as an Unbundled Network Element.
Not withstanding the foregoing, Owest shall not be required to
January 16, 2004/mmd/American Fiber Network, Inc.!TRO Amend/ID
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ATTACHMENT 1
incur any expense to ensure that any such existing copper loop
remains capable of transmitting signals prior to receiving a request
from CLEC for access, as set forth above, in which case Owest
shall restore such copper loop to serviceable condition. Any such
restoration shall not be subject to Performance Indicator Definition
or other performance service measurement or intervals. Owest'
obligations under this subsection 2.2 shall terminate when
Owest retires such copper Loop in accordance with the provisions
of Section 2.3 below.
In the event Owest, in accordance with the
provisions of Section 2.3 below, retires the existing copper
loop connected to the End User Customer s premises, Owest shall
provide access, as an Unbundled Network Element over the
loop, to a 64 kbps transmission path capable of voice grade
service.
Retirement of Copper Loops or Copper Subloops and
Replacement with mH Loops. In the event Owest decides to replace
any copper loop or copper Subloop with a mH Loop, Qwest will: (i)
provide notice of such planned replacement on its website
(www.qwestcom/disclosures) and (ii) provide public notice of such
planned replacement to the FCC. Such notices shall be in addition to
any applicable state Commission notification that may be required. Any
such notice ~rovided to the FCC shall be deemed approved on the
ninetieth (90t ) Day after the FCC's release of its public notice of the
filing, unless an objection is filed pursuant to the FCC'rules.
accordance with the FCC's rules: (i) a CLEC objection to a Owest notice
that it plans to replace any copper loop or copper sub loop with a
Loop shall be filed with the FCC and served upon Owest no later than
the ninth (9th) business day following the release of the FCC's public
notice of the filing and (ii) any such objection shall be deemed denied
ninety (90) Days after the date on which the FCC releases public notice
of the filing, unless the FCC rules otherwise within that period.
In the event the Commission determines, in accordance with
47 CFR 519(a)(4)-(6) that requesting Telecommunications Carriers are not
impaired without access to DS1 , DS3 or Dark Fiber Loops to a specific End User
Customer location, Owest will not provide, and CLEC shall not submit orders for
DS1 , DS3, or Dark Fiber Loops, as appropriate, to such specific End User
Customer locations. Owest will maintain on its website a separate listing for
DS1 , DS3 and Dark Fiber Loops those customer premises for which the
Commission has so found. In the event CLEC has DS1 , DS3 or Dark Fiber
Loops in service to such a specific End User Customer location that pre-exists
the Commission determination, CLEC shall make arrangements for other service.
If such alternative arrangements are not in place within sixty (60) Days of the
effective date of the Commission determination, Qwest may bill for such Loops in
accordance with the Owest Special Access Tariff.
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ATTACHMENT 1
Where Unbundled Loops at a DS-3 capacity are available, Owest
is not required to provide , and CLEC shall not submit orders for, more than two
(2) Unbundled Loops at a DS3 capacity for any single End User Customer
location.1.4 Hybrid Loops - A "Hybrid Loop" is an Unbundled Loop composed
of both fiber optic cable, usually in the feeder plant, and copper wire or cable
usually in the distribution plant.
1.4.1 Packet Switching Facilities, Features , Functions and
Capabilities - Owest is not required to provide unbundled access to the
Packet Switched features, functions and capabilities of its Hybrid Loops.
Packet switching capability is the routing or forwarding of packets,
frames, cells, or other data units based on address or other routing
information contained in the packets, frames, cells or other data units
and the functions that are performed by the digital subscriber line
access multiplexers, including but not limited to the ability to terminate
an End User Customers' copper loop (which includes both a low-band
voice channel and a high-band data channel, or solely a data channel);
the ability to forward the voice channels, if present, to a circuit Switch or
multiple circuit Switches; the ability to extract data units from the data
channels on the loops; and the ability to combine data units from
multiple loops onto one or more trunks connecting to a Packet Switch or
Packet Switches.
1.4.Broadband Services - When CLEC seeks access to a
Hybrid Loop for the provision of broadband services, Owest shall
provide CLEC with nondiscriminatory access to the time division
multiplexing features, functions, and capabilities of that Hybrid Loop,
including DS1 or DS3 capacity (where impairment has been found to
exist), on an unbundled basis to establish a complete transmission path
between Owest's Central Office and an End User Customer premises.
This access shall include access to all features, functions, and
capabilities of the Hybrid Loop that are not used to transmit packetized
information.
1.4.Narrowband Services - When CLEC seeks access to a
Hybrid Loop for the provision of narrowband services, Owest may
either:a) Provide nondiscriminatory access, on an unbundled
basis, to an entire Hybrid Loop capable of voice-grade service
(Le., equivalent to DSO capacity), using time division multiplexing
technology; orb) Provide nondiscriminatory access to a spare home-run
copper loop serving that End User Customer on an unbundled
basis.
January 16, 2004/mmd/American Fiber Network, Inc.fTRO AmendJlD
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ATTACHMENT 1
Subloop Unbundling
An Unbundled Subloop is defined as the distribution portion of a copper Loop or
hybrid Loop comprised entirely of copper wire or copper cable that acts as a transmission facility
between any point that it is Technically Feasible to access at terminals in Owest's outside plant
(originating outside of the Central Office), including inside wire owned or controlled by Owest,
and terminates at the End User Customer s premises. An accessible terminal is any point on
the Loop where technicians can access the wire or fiber within the cable without removing a
splice case to reach the wire or fiber within. Such points may include, but are not limited to, the
pole, pedestal, Network Interface Device , minimum point of entry, single point of
Interconnection , Remote Terminal, Feeder Distribution Interface (FDI), or Serving Area Interface
(SAI). CLEC shall not have access on an unbundled basis to a feeder subloop defined as
facilities extending from the Central Office to a terminal that is not at the End User Customer
premises or multiple tenant environment (MTE). CLEC shall have access to the feeder facilities
only to the extent it is part of a complete transmission path , not a subloop, between the Central
Office and the End User Customer s premises or MTE. This section does not address Dark
Fiber Subloop, which is addressed in Section 2.
2 Qwest's obligation to construct a Single Point of Interface (SPOI) is limited to
those MTEs where Owest has distribution facilities to that MTE and owns, controls, or leases
the inside wire at the MTE In addition, Owest shall have an obligation only when CLEC indicates
that it intends to place an order for access to an unbundled Subloop Network Element via a
SPOI.
Access to Distribution Loops or Intrabuilding Cable Loops at an MTE Terminal
within a non-Owest owned MTE is done through an MTE-POI. Collocation is not required to
access Sub loops used to access the network infrastructure within an MTE, unless CLEC
requires the placement of equipment in aOwest Premises. Cross-Connect Collocation, , refers
to creation of a cross connect field and does not constitute Collocation. The terms and
conditions of Collocation do not apply to Cross-Connect Collocation if required at Or near an
MTE.
Line Sharing
2.4.Owest shall not be required to provide Line Sharing as an Unbundled Network
Element except as set forth below.
2.4.Grandfathered Line Sharing Arrangements - Any Line Sharing
arrangement that had a Due Date on or before October 1 , 2003 and was still in
operation as of such date shall be "grandfathered" in accordance with the
provisions of this subsection ("Grandfathered Line Sharing Arrangement"). For
any such Grandfathered Line Sharing Arrangement, the rate in effect as of
October 2, 2003 shall remain in effect unless modified by order, ruling or decision
of the FCC. A Grandfathered Line Sharing Arrangement shall automatically
terminate on the earlier to occur of: (i) the date on which the End User Customer
served by such Grandfathered Line Sharing Arrangement cancels or otherwise
discontinues its subscription to the DSL service of CLEC or its successor or
assign or (ii) the date as of which such Grandfathered Line Sharing Arrangement
is terminated or discontinued by order, ruling or decision of the FCC. In addition
CLEC may disconnect, or may convert to another Owest product as is
January 16, 2004/mmd/American Fiber Network, Inc.fTRO Amend/ID
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ATTACHMENT 1
Technically Feasible, any Grandfathered Line Sharing Arrangement at any time.
2.4.Three Year Transition Period - CLEC may order Line Sharing
arrangements during the period beginning on October 2, 2003 and ending on
October 1 , 2004 ("New Line Sharing Arrangement") in accordance with the
provisions of this subsection. The Due Date for any New Line Sharing
Arrangement may be no later than October 1 , 2004, and CLEC may not order
any New Line Sharing Arrangement after October 1 , 2004. Any New Line
Sharing Arrangement shall automatically terminate if, at any time after October 1
2004, the End User Customer served by such New Line Sharing Arrangement
cancels or otherwise discontinues its subscription to the DSL service of CLEC or
its successor or assign. The nonrecurring charge for the installation of Line
Sharing arrangements shall apply to any New Line Sharing arrangements. The
monthly recurring charge for any New Line Sharing Arrangement shall apply as
set forth below.
(a) During the period beginning on October 2, 2003 and ending on
October 1 , 2004 , the monthly recurring charge for any such New Line
Sharing Arrangement shall be twenty-five (25) percent of the monthly
recurring charge for access to a stand-alone unbundled copper Loop in
effect as of October 2 , 2003, as provided in Exhibit A.
(b) During the period beginning on October 2, 2004 and ending on
October 1 , 2005, the monthly recurring charge for any such New Line
Sharing Arrangement shall be fifty (50) percent of the monthly recurring
charge for access to a stand-alone unbundled copper Loop as of October
, 2003, as provided in Exhibit A.
(c) During the period beginning on October 2, 2005 and ending on
October 1 , 2006, the monthly recurring charge for any such New Line
Sharing Arrangement shall be seventy-five (75) percent of the monthly
recurring charge for access to a stand-alone unbundled copper Loop as
of October 2, 2003, as provided in Exhibit A.
(d) Completion of Transition - New Line Sharing Arrangements will
no longer be available as of October 2, 2006. No later than October 2
2006 , CLEC must convert all New Line Sharing arrangements to a Line
Splitting arrangement, to a stand-alone Unbundled Loop, or to such other
arrangement as CLEC may have negotiated with Qwest to replace such
New Line Sharing arrangement.
2.4.Discontinuation of Voice Service - Notwithstanding anything
herein to the contrary, if Owest disconnects an End User Customer s voice
service in accordance with Applicable Law, then CLEC shall be required to
purchase the entire loop being disconnected to continue providing DSL service to
such End User Customer.
2.4.1.4 Successors and Assigns - Line Sharing arrangements may be
transferred or assigned by CLEC to another Carrier as set forth below.
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ATTACHMENT 1
2.4.1.4.Grandfathered Line Sharing Arrangements - Any
Grandfathered Line Sharing Arrangement shall be transferable or
assignable by CLEC to another Carrier if the DSL service to CLEC's End
User Customer is not canceled or discontinued in connection with such
transfer or assignment. In such event, the monthly recurring rate in effect
as of October 2, 2003 shall remain in effect with respect to such
Grandfathered Line Sharing Arrangement until it is terminated or modified
in accordance with the provisions of Section 2.4.1. Carrier will be billed
the Transfer of Responsibility nonrecurring charge as provided in ExhibitA to transfer or assign Grandfathered Line Sharing Arrangements.
Notwithstanding the foregoing, in the event the transfer or assignment of
any Grandfathered Line Sharing Arrangement involves: (i) cancellation or
discontinuation of the DSL service to CLEC's End User Customer or (ii)
re-termination of the End User Customer s DSL service, then (a) such
Line Sharing arrangement shall no longer be subject to the grandfathering
provisions of Section 2.4.1 and (b) such line shall be eligible for
treatment as a New Line Sharing Arrangement pursuant to, and subject to
the terms and conditions of, Section 2.4.2 (including, without limitation
the specified recurring and nonrecurring charges for New Line Sharing
Arrangements and the October 1 , 2004 deadline for establishing New
Line Sharing Arrangements).
2.4.1.4.New Line Sharing Arrangements - Any New Line
Sharing Arrangement shall be transferable or assignable by CLEC to
another Carrier provided that such transfer or assignment takes place
before October 1 , 2004. Carrier will be charged the Shared Loop
nonrecurring charges as provided in Exhibit A to transfer or assign New
Line Sharing Arrangements. Following transfer or assignment, the New
Line Sharing Arrangement in question will be assessed the monthly
recurring rates described in Sections 2.4.2 (a)-(c) above, and shall be
subject to termination in accordance with Sections 2.4.3 and 2.4.1.4. If
re-termination of a New Line Sharing arrangement is required to complete
any such transfer or assignment, then the new Carrier will be assessed
the nonrecurring rates for New Line Sharing Arrangements as specified in
Section 2.4.2 above. No transfers or assignments of New Line Sharing
Arrangements shall be allowed after October 1 , 2004.
Unbundled Dedicated Interoffice Transport (UDIT)
On the Effective Date of this Amendment, Owest will no longer provide CLEC
certain unbundled transport elements that had formerly been offered pursuant to Section 251 of
the Act.
Extended Unbundled Interoffice Transport (EUDIT);
OCn UDIT;
More than twelve (12) DS3 UDIT per route;
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UDIT as a part of a Meet-Point arrangement;
Remote Node/Remote Port;
SONET add/drop multiplexing; or
UDIT on routes where the Commission has found no CLEC impairment.
Where unbundled DS3 is available as a UNE , Owest is not required to provide,
and CLEC shall not submit orders for, more than twelve (12) DS3 UDIT channels on a specific
Wire Center to Wire Center route for which unbundled DS3 UDIT is available as an Unbundled
Network Element.
In the event the Commission determines that requesting Telecommunications
Carriers are not impaired without access to dedicated DS3 transport along a particular route,
Owest will not provide, and CLEC shall not submit orders for, DS3 UDIT channels along such
route(s). Owest will maintain on its website a listing of routes for which the Commission has so
found. In the event CLEC has DS3 UDIT transport in service along such a route that pre-exists
the Commission determination, CLEC shall make arrangements for other service. Ifsuch
alternative arrangements are not in place within sixty (60) Days of the effective date of the
Commission determination, Owest may bill for such transport in accordance with the Owest
Special Access Tariff.5.4 In the event the Commission determines that requesting Telecommunications
Carriers are not impaired without access to dedicated DS1 transport along a particular route
Owest will not provide, and CLEC shall not submit orders for, DS1 UDIT channels along such
route(s). Owest will maintain on its website a listing of routes for which the Commission has so
found. In the event CLEC has DS1 UDIT transport in service along such a route that pre-exists
the Commission determination, CLEC shall make arrangements for other service. If such
alternative arrangements are not in place within sixty (60) Days of the effective date of the
Commission determination , Qwest may bill for such transport in accordance with the Owest
Special Access Tariff.
All services provided in this Section, when combined with high capacity Loops
are subject to the Service Eligibility Criteria as outlined in Section 3.5 of this Amendment.
All services provided in this Section are subject to the Ratcheting criteria as
outlined in Section 3.4 of this Amendment.
Unbundled Dark Fiber
On the Effective Date of this Amendment, Owest will no longer provide CLEC
certain unbundled transport elements that had formerly been offered pursuant to Section 251 of
the Act.
UDF (Unbundled Dark Fiber) from a Owest Wire Center to a CLEC
Wire Center);
UDF that is part of a Meet Point arrangement.
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UDF on routes where the Commission has found no CLEC impairment.
Owest provides access to Unbundled Dark Fiber at:
Accessible terminations such as fiber distribution panels.
Splice cases (except those that are buried without specific
identification of location and are not readily accessible without excavation)
necessary to provide access to UDF Subloops. CLEC can submit an FVOP for
Qwest to open any splice box and create a network Demarcation Point for
access to existing Dark Fiber strands. If Qwest deems it is technically infeasible
including evaluations of space limitations, to provide CLEC access at the
requested splice box, Owest will provide CLEC with a written notification of the
reasons why such access is not technically feasible. If Owest and CLEC are
unable to reach agreement on Technical Feasibility, the Parties may enter
Dispute Resolution under this Amendment.
CLEC may request placement of a FDP at any building or
controlled environment location in the Owest network in order to access
unterminated UDF.
Access to Dark Fiber MTE Subloops at or near an MTE Terminal within a non-
Owest owned MTE is done through an MTE-POI. Collocation is not required to access
Subloops used to access the network infrastructure within an MTE, unless CLEC requires the
placement of equipment in a Owest Premises.6.4 Access to Dark Fiber distribution Loops or Dark Fiber Intrabuilding Cable Loops
at an MTE Terminal within a non-Owest owned MTE is done through an MTE-POI. Collocation
is not required to access Subloops used to access the network infrastructure within an MTE
unless CLEC requires the placement of equipment in a Owest Premises.
Unbundled Switching
On the Effective Date of this Amendment, Owest will no longer provide CLEC
certain unbundled switch elements that had formerly been offered pursuant to Section 251 of
the Act.
Tandem Switch Ports of DS1 or above capacity;
Local Switch Ports of DS1 or above capacity;
Local Switch DSO Ports where the Commission has found no CLEC
impairment.
Local Tandem Switching
Upon the Effective Date of this Amendment, unbundled local Tandem Switching
provisioned at the DS1 or above capacity is no longer available as an Unbundled Network
Element. Owest shall provide access to local Tandem Switching in a non-discriminatory
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manner. Owest shall provide access to local Tandem Switching at the DSO level pursuant to the
SRP process.
Local Switching
Transition for DS1 Capacity Unbundled Switching - Upon the Effective Date
of this Amendment, CLEC will not place, and Owest will not accept, any LSRs for Unbundled
Local Switching at the DS1 or above capacity. Owest account representatives will work with
CLEC on a plan to convert any existing Unbundled Local Switching at the DS1 or above
capacity to other available Owest products or services, if CLEC so desires. CLEC will submit
complete, error-free LSRs to convert or disconnect any existing Unbundled Local Switching at
the DS1 or above capacity with Due Dates that are on or before April 1 , 2004 , or within ninety
(90) Days of the Effective Date of this Amendment, whichever is later. If CLEC does not submit
LSRs to convert or disconnect its Unbundled Local Switching services at the DS1 and above
capacity with Due Dates on or before April 1 , 2004, Owest will process orders on or after April 1
2004, to disconnect such services and will bill CLEC for such services through April 1 , 2004.
Unbundled Local Switching at the DS1 or above capacity" as used in this Section refers to: a)
DS1 trunk Port (including local message); b) PRI ISDN trunk Port; c) DS3 trunk Port (including
local message); d) GR-303 interface service; and e) OCn trunk Port (including local message).2. Commission Determination of No Impairment for DSO Capacity Unbundled
Switching - In the event the Commission determines, in accordance with 47 CFR 519(d)(2)
that requesting Telecommunications Carriers are not impaired without access to Unbundled
Switching serving DSO loops in a specific market, CLEC shall commit to an implementation plan
with Owest for the migration of the embedded DSO Capacity Unbundled Switching End User
Customers within two (2) months of the Commission determination. CLEC may no longer
obtain access to DSO Capacity Unbundled Switching five (5) months after the Commission
determination. Owest will maintain on its website a listing for DSO capacity Unbundled
Switching markets in accordance with the Commission determination. Qwest account
representatives will work with CLEC on a plan to convert any existing Unbundled Local
Switching at the DSO or above capacity to other available Owest products or services, if CLEC
so desires. CLEC will submit complete , error-free LSRs to convert or disconnect any existing
unbundled local switching at the DSO or above capacity before the expiration of the Transition
Timelines described below.
Transition Timeline - CLEC shall submit orders necessary to
migrate its Embedded Base of End User Customers off of DSO Capacity
Unbundled Switching in accordance with the following timetables, measured from
the day of the Commission determination. For purposes of calculating the
number of customers who must be migrated , the "Embedded Base" of End User
Customers shall include all End User Customers served five (5) months from the
effective date of the Commission determination.
Month 13: CLEC must submit orders for one-third of its
Embedded Base of DSO Capacity Unbundled Switching End User
Customers;
Month 20: CLEC must submit orders for half of its Embedded
Base of DSO Capacity Unbundled Switching End User Customers;
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Month 27: CLEC must submit orders for all remaining Embedded
Base DSO Capacity Unbundled Switching End User Customers.
Operational Aspects of the Migration CLEC and Qwest shall
jointly submit the details of their implementation plans for each market to the
Commission within two months of the Commission s determination that
requesting Telecommunications Carriers are not impaired without access to local
circuit switching on an unbundled basis. CLEC shall also notify the Commission
when it has submitted its orders for migration. Owest shall notify the
Commission when it has completed the migration.
Commission Determination of No Impairment for DSO Capacity
Unbundled Switching - In the event the Commission determines, in accordance
with 47 CFR 519(d)(2) that requesting Telecommunications Carriers are not
impaired without access to unbundled switching serving DSO loops in a specific
market, Owest will not provide, and CLEC shall not submit orders for, unbundled
switching serving DSO capacity loops, in such markets.2.4 The four-line exception for availability of Unbundled Local
Switching is expected to be reviewed and possibly modified by the Commission
in its nine month proceeding examining the triggers for the withdrawal of
Unbundled Local Switching on a market-specific basis. In the event the
Commission modifies this four-line exception, this Amendment shall be modified
to conform with the Commission s order(s).
CLEC may obtain Owest's IntraLATA Toll services by identifying
Owest as the Local Primary Interexchange Carrier (LPIC) for its Unbundled Local
Switching services, where applicable.
Owest will bill CLEC , and CLEC will pay Owest, for Owest
IntraLATA Toll services at Owest's tariffed rate.
Shared Transport
10.Shared Transport is only provided for traffic on Owest's local interoffice network
that is associated with Unbundled Local Switching and Unbundled Network Element-Platform
(UNE-P) services provided under this Amendment. Transport beyond Owest's local interoffice
network will be carried on Owest's intraLATA Toll network and provided by Owestto CLEC only
if CLEC chooses Owest to provide IntraLATA Toll services for its Unbundled Local Switching
and/or UNE-P End User Customers.
Signaling and Databases
11.Local Switch Ports include CLEC use of Owest's signaling network for traffic
originated from the Line Side switching Port, including the use of Owest'call-related
databases, other than Operational Support Systems , that are used for Billing and collection , or
the transmission, routing, or other provision of a Telecommunications service. To the extent
that a local circuit Switch is required to be unbundled and is used by CLEC, Owest will provide
Owest's Service Control Points in the same manner, and via the same signaling links, as Qwest
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uses such Service Control Points and signaling links to provide service to its End User
Customers from that Switch. Owest'call related databases include the Enhanced 911
Database, Line Information Database (LlDB), Internetwork Calling Name Database (ICNAM),
8XX Database for toll free calling, Advanced Intelligent Network Databases (AIN), and Local
Number Portability Database. CLEC may also use Qwest's Service Management Systems
associated with the call-related databases, including access to Owest's AIN service application
development process to design , create, test, and deploy AIN based services. CLEC shall not
have access to Owest's AIN based services that qualify for proprietary treatment, except as
expressly provided for in this Amendment. CLEC access to the Qwest signaling network and
call-related databases shall be of substantially the same quality as the access that Qwest uses
to provide service to its own End User Customers.
11.
11.
11.
11.
Access to Signaling
11.Effective with this Amendment, Qwest will provide CLEC with non-
discriminatory access to Owest's signaling networks, including signaling links and
Signaling Transfer Points (STP), call-related databases and Service
Management Systems (SMS) on an unbundled basis only to the extent CLEC is
using a Qwest local circuit Switch on an unbundled basis.
AIN Services
10.AIN databases are used as an enhancement to the SS7 capable
network structure and operation of AIN Version 0.1 capable Switches. CLEC
shall not have access to Owest's AIN based services that qualify for proprietary
treatment, except as expressly provided for in this Amendment. Effective with
this Amendment, Owest will provide CLEC with non-discriminatory access to its
AIN databases on an unbundled basis , to the extent that CLEC is using an
unbundled local circuit Switch as required by the Commission as addressed in
Section 2.11.1. For CLEC using its own Switch , effective with this Amendment,
Owest's AIN databases are no longer Unbundled Network Elements. Owest
provides CLEC access to Owest's AIN service application development process
to design , create, test, and deploy AIN based services, as described below.
LlDB Query Service
11.4.Effective with this Amendment, Qwest will provide CLEC with non-
discriminatory access to its LlDB on an unbundled basis only to the extent that
CLEC is using an unbundled local circuit Switch.
11.4.For CLEC's End User Customers using Owest's End Office
Switches , Owest will load and update CLEC's End User Customers' line records
into the LlDB from CLEC's completed service orders. CLEC is responsible for
the accuracy of its End User Customers' information.
8XX Database Query
11.The 8XX Database provides the Carrier Identification Code (CIC)
and/or the vertical features associated with the 8XX telephone number. The call
routing information in the 8XX Database is provided by the End User Customer
chosen responsible organization (referred to in the Telecommunications industry
as the IRespOrg ). Effective with this Amendment, Qwest will provide CLEC with
non-discriminatory access to Owest's 8XX Database on an unbundled basis only
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to the extent CLEC is using a Owest local circuit Switch on an unbundled basis
as addressed in Section 2.11.1. The 8XX Database provides the call routing
information used by Owest's End Office Switch to route the CLEC's End User
Customer s calls to an 8XX telephone number.
11.For CLEC's End User Customers using Owest's End Office
Switches, Qwest will use the routing information in the 8XX Database to
route CLEC's End User Customer s calls to an 8XX telephone number
in the same manner as Owest routes its End User Customer s calls to
that same 8XX telephone number.
11.There is no separate charge for the use of Qwest's 8XX
Database for the routing of CLEC's End User Customers' calls to 8XX
telephone numbers.
11.ICNAM
11.Effective with this Amendment, Owest will provide CLEC with non-
discriminatory access to Owest's InterNetwork Calling Name (ICNAM) database
on an unbundled basis only to the extent CLEC is using a Owest local circuit
Switch on an unbundled basis as addressed in Section 2.11.1. The ICNAM
database is used with certain End Office Switch features to provide the calling
party s name to CLEC's End User Customer with the applicable feature
capability.
11.For CLEC's End User Customers using Owest's End Office
Switches, Owest will load and update CLEC's End User Customers' name
information into the ICNAM database , which is part of the Line Information
Database , from CLEC's completed service orders. CLEC is responsible for the
accuracy of its End User Customers' information.
11.There is no charge for the storage of CLEC's End User
Customers' information in the ICNAM database (Le., the LlDB Database).
11.7 LNP
11.Effective with this Amendment, Owest will provide CLEC with non-
discriminatory access to Owest's LNP database on an unbundled basis only to
the extent CLEC is using a Owest local circuit Switch on an unbundled basis.
11.8 Directory Assistance
11.Owest will provide CLEC with non-discriminatory access to
its Directory Assistance Service on an unbundled basis , only to the extent that
CLEC is using an unbundled local circuit Switch as addressed in Section 2.11.
and only to the extent Owest does not make customized routing available to
permit CLEC to access alternative providers of directory assistance service.
11.9 Toll and Assistance Operator Services
11.Owest will provide CLEC with non-discriminatory access to its
operator services on an unbundled basis , only to the extent that CLEC is using
an unbundled local circuit Switch as addressed in Section 2.11., and only to the
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extent Qwest does not make customized routing available to permit CLEC to
access alternative providers of operator services.
12.
Packet Switching
Packet Switching is not available as an Unbundled Network Element.
13 Line Splitting
13.On the effective date of a Commission determination that Qwest is no longer
required to provide UNE-P Combination services in a market area, Line Splitting is also not
available in that market area. To the extent CLEC has an embedded base of Line Splitting End
User Customers on the effective date of the Commission determination, CLEC shall transition
its embedded base of Line Splitting End User Customers in accordance with the Transition
Timelines for unbundled switching, as described in Section 2.2. In such markets where Line
Splitting is not available, Loop Splitting will continue to be available pursuant to CLEC
Agreement.14 UNE Combinations
14.Upon the Effective Date of this Amendment, Qwest will not provide UNE-ISDN-PRI
and UNE-DSS services.
14.Upon the Effective Date of this Amendment, UNE-P combinations provisioned at the
DS1 or above capacity are no longer available as Unbundled Network Elements under this
Agreement. CLEC will not place, and Owest will not accept, any LSRs for new UNE-
combinations at the DS1 or above capacity with Due Dates that are on or after the Effective
Date of this Amendment. Owest account representatives are available to work with CLEC on a
plan to convert any existing UNE-P combinations at the DS1 or above capacity to other
available Owest products or services, if CLEC so desires. CLEC will submit complete, error-free
LSRs to convert or disconnect any existing UNE-P combinations at the DS1 or above capacity
with Due Dates that are no later than ninety (90) Days after the Effective Date. If CLEC does not
submit LSRs to convert or disconnect its UNE-P combination services at the DS1 and above
capacity with Due Dates no later than ninety (90) Days after the Effective Date , Qwest will
process orders on or after the ninetieth (90) Day, to convert such services to comparable resale
services and will change the prices, terms, and conditions for the UNE-P combinations to resale
prices, terms, and conditions as of the ninetieth (90) Day. "UNE-P combinations at the DS1 or
above capacity" as used in this Section refers to: a) UNE-P ISDN PRI; and b) UNE-P DSS and
any other UNE-P combinations that operate at a DS1 or hiaher capacity.
15 Enhanced Extended Loop (EEL)
15.The "Significant Amount of Local Exchange Traffic" eligibility criteria
for EEL is replaced by the Service Eligibility Criteria described in Section 3.5 following.
15.CLEC EEL certification process is replaced by the Certification
process described in Sections 3.1 following.
15.EEL Audit provisions are replaced by the Service Eligibility Audit
process described in Sections 3.10 following.
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Combinations and Commingling
To the extent it is Technically Feasible, CLEC may Commingle
Telecommunications Services purchased on a resale basis with an Unbundled Network Element
or combination of Unbundled Network Elements. Notwithstanding the foregoing, the following
are not available for resale Commingling:
a) Non-telecommunications services;
Enhanced or Information services;
Features or functions not offered for resale on a stand-alone basis or
separate from basic Exchange Service; and
Network Elements offered pursuant to Section 271.
CLEC may Commingle UNEs and combinations of UNEs with wholesale services
and facilities (e., Switched and Special Access Services offered pursuant to Tariff) and
request Owest to perform the necessary functions to provision such Commingling. CLEC will be
required to provide the CFA (Connecting Facility Assignment) of CLEC's network demarcation
(e.g., Collocation or multiplexing facilities) for each UNE UNE Combination , or wholesale
service when requesting Owest to perform the Commingling of such services. Qwest shall not
deny access to a UNE on the grounds that the UNE or UNE Combination shares part of Qwest'
network with Access Services or other Non-Oualifying services. All variations of Commingling
of services that include a high capacity loop, which may include multiplexing or any other means
by which this combination is achieved, and transport facility or service are subject to the Service
Eligibility Criteria in Section 2.2. Owest performance in connection with the Provisioning of
Commingled facilities and services shall not be subject to standard Provisioning intervals , or to
performance measures and remedies, if any, contained in this Amendment or elsewhere.
Owest will not combine services or Network Elements that are required to be
unbundled by Owest pursuant to Section 271 of the Communications Act of 1934, as amended
with other services or Network Elements offered pursuant to Section 271 or Unbundled Network
Elements or combinations of Unbundled Network Elements. Owest will not Commingle services
or Network Elements that are offered by Owest pursuant to Section 271 of the Communications
Act of 1934, as amended , with other services or Network Elements offered pursuant to Section
271 or Unbundled Network Elements or combinations of Unbundled Network Elements.
Services are available for Commingling only in the manner in which
they are provided in Owest's applicable product Tariffs, catalogs, price lists, or other
Telecommunications Services offerings.
Entrance Facilities obtained pursuant to the LIS Section of CLEC
Agreement are not available for Commingling.
3.4 Ratcheting - To the extent a Owest-provided circuit or facility includes a mix of UNEs
and other services, that mixed-use facility shall be ordered and billed in accordance Owest'
Tariff or the resale provisions of this Amendment. Such mixed-use circuits or facilities shall not
be ordered or billed as Unbundled Network Elements. Owest shall not be required to bill for
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such mixed use circuits or facilities at blended or multiple rates (otherwise known as ratcheting).
Instead, CLEC shall be assessed the tariffed or resale rate, as appropriate, for the Commingled
service.
3.4.To the extent a multiplexer is included in a Commingled circuit then:
(1) the multiplexer will be ordered and billed at the UNE rate if and only if all circuits
entering the multiplexer are UNEs and (2) in all other situations the multiplexer will be
ordered and billed pursuant to the appropriate Tariff.
Service Eligibility Criteria
Except as otherwise provided in this Section 3., Qwest shall
provide access to Unbundled Network Elements and Combinations of Unbundled
Network Elements without regard to whether CLEC seeks access to the Unbundled
Network Elements to establish a new circuit or to convert an existing circuit from a
service to Unbundled Network Elements.
CLEC must certify that the following Service Eligibility Criteria are
satisfied to (1) convert a Special Access Circuit to a high capacity EEL, (2) to obtain a
new High-Capacity EEL; or (3) to obtain at UNE pricing any portion of a Commingled
circuit that includes a high-capacity Loop and transport facility or service. Such
certification shall be in accordance with all of the following Sections.
State Certification - CLEC has received state certification
to provide local voice service in the area being served or, in the
absence of a state certification requirement, has complied with
registration tariffing, filing fee, or other regulatory requirements
applicable to the provision of local voice service in that area.
Per Circuit Criteria -- The following criteria are satisfied for
each combined circuit, including each DS1 circuit, each DS1 EEL, and
each DS1-equivalent circuit on a DS3 EEL:
Telephone Number Assignment -- Each circuit to be
provided to each End User Customer will be assigned a local telephone
number prior to the provision of service over that circuit. This requires
that each DS1 circuit must have at least one local telephone number
and each DS3 circuit has at least twenty-eight (28) local telephone
numbers. The origination and termination of local voice traffic on each
local telephone number assigned to a circuit shall not include a toll
charge and shall not require dialing special digits beyond those
normally required for a local voice call. CLEC will provide local
telephone number assignments by circuit;
2.4 911 or E911 - Each circuit to be provided to each End
User Customer will have 911 or E911 capability prior to the provision of
service over that circuit. CLEC will provide evidence of 911 or E911
capability for each circuit to be provided to each End User Customer.
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Collocation - CLEC will provide evidence that each circuit
terminates in a Collocation arrangement by providing the associated
CFA. In addition:
a) Each circuit to be provided to each End User Customer will
terminate in a Collocation arrangement that is established
pursuant to Section 251 (c)(6) of the Act and located at Owest'
Premises within the same LATA and state as the End User
Customer s premises, when Owest is not the collocator, and
cannot be at an interexchange Carrier POP or ISP POP location;
b) Each circuit to be provided to each End User Customer will
terminate in a Collocation arrangement that is located at the third
party s premises within the same LATA and state as the End User
Customer s premises, when Owest is the collocator; andc) When a DS1 or DS3 EEL Loop is connected to a
multiplexed facility, the multiplexed facility must be terminated in a
Collocation arrangement that is established pursuant to Section
251 (c)(6) of the Act and located at Owest's Premises within the
same LATA and state as the End User Customer s premises
when Owest is not the collocator, and cannot be at an
Interexchange Carrier POP or ISP POP location.
Interconnection Trunking - CLEC must arrange for the
meaningful exchange of traffic, which must include hand-offs of local
voice calls that flow in both directions. Those arrangements that do not
include two way LIS trunks cannot be attributed towards satisfaction of
this criterion. CLEC will identify the Interconnection Trunk(s) satisfying
this criterion. At a minimum, each DS1 circuit must be served by a DS-
0 equivalent LIS trunk in the same LATA and state as the End User
Customer served by the circuit. For each twenty-four DS1 circuits,
CLEC must maintain at least one active DS1 LIS trunk in the same
LATA and state as the End User Customer served by the circuit.
Calling Party Number - Each circuit to be
provided to each End User Customer will be served by an
Interconnection trunk over which CLEC will transmit the Calling
Party s Number in connection with calls exchanged over the
Trunk. For each twenty-four (24) DS1 EELs or other facilities
having equivalent capacity, CLEC will have at least one (1) active
DS1 LIS trunk over which CLEC will transmit the calling party
number in connection with calls exchanged over the trunk.
calling party number is not exchanged over an interconnection
trunk, that trunk shall not be counted towards meeting this criteria.
For each circuit, CLEC will identify the Interconnection trunk
satisfying this criterion.
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End Office Switch - Each circuit to be provided to each
End User Customer will be served by an End Office Switch capable of
switching local voice traffic. CLEC must certify that the switching
equipment is either registered in the LERG as a Class 5 Switch or that it
can switch local voice traffic. CLEC will provide written documentation of
the Switch type and CLLI code for the Switch satisfying this criterion.
With each order, CLEC must provide certification and the
identified supporting information to Owest through a certification letter, or
other mutually agreed upon communication, that each individual high
capacity loop in combination, or Commingled, with a Qwest provided high
capacity transport facility or service, meets the Service Eligibility Criteria
set forth above before Owest will provision or convert the high capacity
facility in combination or Commingling.
9 CLEC's high capacity combination or Commingled facility
Service Eligibility shall remain valid only so long as CLEC continues to
meet the Service Eligibility Criteria set forth above. If CLEC's Service
Eligibility on a given high capacity combination or Commingled facility is
no longer valid CLEC must submit a service order converting the
appropriate facility to the appropriate Private Line/Special Access service
within thirty (30) Days.10 Service Eligibility and Qualifying Service Audits -
order to confirm reasonable compliance with these requirements, Qwest
may perform Service Eligibility and Oualifying Service Audits of CLEC'
records. For the purposes of this Section
, "
Qualifying Service Criteria" is
whether a particular Unbundled Network Element meets the definition of a
Oualifying Service, as described in the definitions of this Amendment.
Service Eligibility and Qualifying Service Audits shall be performed in
accordance with the following guidelines:
10.Owest may, upon thirty (30) Days written notice
to CLEC that has purchased high capacity combination and
Commingled facilities, conduct a Service Eligibility or Qualifying
Service Audit to ascertain whether those high capacity facilities
were eligible for UNE treatment at the time of Provisioning or
conversion and on an ongoing basis thereafter.
10.CLEC shall make reasonable efforts to cooperate
with any Service Eligibility or Oualifying Service Audit by Owest
and shall maintain and provide Owest with relevant records (e.
network and circuit configuration data, local telephone numbers)
which demonstrate that CLEC's high capacity combination and
Commingled facilities meet the Service Eligibility Criteria.
10.An independent auditor hired and paid for by
Qwest shall perform any Service Eligibility or Qualifying Service
Audits, provided, however, that if a Service Eligibility or Oualifying
January 16, 2004/mmd/American Fiber Network, Inc.fTRO Amend/ID
Amendment to CDS-OOO524-0012
ATTACHMENT 1
Service Audit reveals that CLEC's high capacity combination and
Commingled facility circuit(s) do not meet or have not met the
Service Eligibility or Qualifying Service Criteria, then CLEC shall
reimburse Qwest for the cost of the audit. To the extent the
independent auditor s report concludes that CLEC complied in all
material respects with the Service Eligibility and Oualifying Service
Criteria, Qwest shall reimburse CLEC for its costs associated with
the Service Eligibility or Oualifying Service Audit.
10.4 An independent auditor must perform its
evaluation in accordance with the standards established by the
American Institute for Certified Public Accountants (AICPA) and
during normal business hours , unless there is a mutual agreement
otherwise.
10.Owest shall not exercise its Service Eligibility or
Oualifying Service Audit rights with respect to CLEC (excluding
Affiliates), more than once in any calendar year, unless an audit
finds non-compliance. If a Service Eligibility or Qualifying Service
Audit does find non-compliance, Owest shall not exercise its
Service Eligibility Audit rights for sixty (60) Days following that
audit, and if any subsequent Service Eligibility or Oualifying
Service Audit does not find non-compliance , then Qwest shall not
exercise its Service Eligibility or Oualifying Service Audit rights for
the remainder of the calendar year.
10.At the same time that Owest provides notice of a
Service Eligibility or Oualifying Service Audit to CLEC under this
paragraph , Owest shall send a copy of the notice to the Federal
Communications Commission.
10.Service Eligibility or Oualifying Service Audits
conducted by Owest for the purpose of determining compliance
with Service Eligibility or Oualifying Service Criteria shall not effect
or in any way limit any audit or Dispute Resolution rights that
Owest may have pursuant to other provisions of CLEC
Agreement.
10.Owest shall not use any other audit rights it may
have under this Amendment to audit for compliance with the
Service Eligibility or Oualifying Service Criteria of this Section.
Owest shall not require a Service Eligibility or Qualifying Service
Audit as a prior prerequisite to Provisioning combination and
Commingled facilities.
10.CLEC shall maintain appropriate records to
support its Service Eligibility and Qualifying Service Criteria.
However, CLEC has no obligation to keep any records that it does
not keep in the ordinary course of its business.
January 16, 2004/mmd/American Fiber Network, Inc.!fRO Amend/ID
Amendment to CDS-OOO524-0012
ATTACHMENT 1
10.10 If a Service Eligibility or Qualifying Service Audit
demonstrates that a high capacity combination and Commingled
facilities do not meet the Service Eligibility Criteria above or the
Oualifying Service Criteria, the CLEC must convert all non-
compliant circuits to Private Line/Special Access circuits and
CLEC must true-up any difference in payments within thirty (30)
days.
Routine Modifications
Owest will also perform routine modifications to existing loop and transport facilities used
by CLEC to the same extent it performs such activities for its own retail End User Customers,
including, but not limited to, rearrangement or splicing of cable (including rearrangement of
existing pairs to include fiber hub counts and rearrangement of existing pairs to extend the line),
adding a doubler or repeater, adding and/or rearranging an equipment case, adding a smart
jack, installing a repeater shelf, adding a line card , and deploying a new multiplexer or
reconfiguring an existing multiplexer. Rates for such modifications are included in Exhibit A.
For all loop facilities, other than DS1 capable loops, this Section will be effective July 2 , 2004.
Owest will also perform routine modifications to existing dark fiber loop and transport
facilities used by CLEC to the same extent it performs such activities for its own retail customers
(including the work done on dark fiber to provision lit capacity to end users). Rates for such
modifications are included in Exhibit A. This Section is effective July 2 2004. To the extent
such modifications constitute a construction of special access services, pursuant to retail
construction provisions of special access or stand-alone construction Tariffs, the terms and
conditions of such Tariffs will apply to CLEC. The provisions of this Section shall not be
construed to require Owest to provide unbundled access to a Fiber-to-the-Home loop when
Qwest deploys such a loop to a Customer premises.
January 16, 2004/mmd/American Fiber Network, Inc.rrRO Amend/ID
Amendment to CDS-OOO524-0012
ATTACHMENT 1
Exhibit A
EXAMPLE
All reference to UNE rate elements that are no longer offered as UNE's are hereby deleted from Exhibit
A (rate sheet).
Line Sharing - New Orders Received 10/2/2003 - 10/1/2004
Shared Loop, per Loop 10/2/2003 - 10/1/2004
Zone or Rate Group 1
Zone or Rate Group 2
Zone or Rate Group 3
$X.
$X.
$X.
$X.
*********
Shared Loop, per Loop 10/2/2004 - 10/1/2005
Zone or Rate Group 1 $X.
Zone or Rate Group 2 $X.
Zone or Rate Group 3 $X.
Shared Loop, per Loop 10/2/2005 - 10/1/2006
Zone or Rate Group 1 $X.
Zone or Rate Group 2 $X.xX
Zone or Rate Group 3 $X.
******************
Routine Modifications Under Under Development
Development
Conversion Order Charge - Commingling Under Under Development
Development
Notes:
***
Qwest will bill Zone/Rate Group 1 for all Rate Groups until CLEC is given 30 days notice.
January 16, 2004/mmd/American Fiber Network, Inc.fTRO Amend/ID
Amendment to CDS-OOO524-0012
TRO Amendment
ID Exhibit A
All reference to UNE rate elements that are no longer offered as UNE's are
hereby deleted from Exhibit A (rate sheet).
Non-
Recurring Recurring Notes
Line Sharing - New Orders Received 10/212003 - 10/1/2004
Shared Loop, per Loop 10/2/2003 - 10/1/2004 $38.
Zone 1 $3.
***
Zone 2 $5.
***
Zone 3 $10.
***
Shared Loop, per Loop 10/2/2004 - 10/1/2005
Zone 1 $7.
***
Zone 2 $11.
***
Zone 3 $20.
***
Shared Loop, per Loop 10/212005 - 10/1/2006
Zone 1 $11.
***
Zone 2 $17.
***
Zone 3 $30.
***
Under Under
Routine Modifications Development Development
Under Under
Conversion Order Charge - Commingling Development Development
Notes:
***
Qwest will bill Zone/Rate Group 1 for all Rate Groups until CLEC is given 30 days notice.
January 16, 2004/mmdfTRO Amend.lAmerican Fiber Network, Inc.llD
CDS-000524-0012