20040210Amendment.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson(q),stoel.com
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uTIliTiES CCi"H1iSSION
Jenny Smith
Electric Lightwave, Inc.
9260 East Stockton Boulevard
Elk Grove, CA 95624
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND ELECTRIC
LIGHTWAVE, INC FOR APPROV AL OF A
WIRE LINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 u.s.
~252(E)
CASE NO.: USW-OO-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and Electric Lightwave, Inc. ("ELI") hereby jointly file
this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"
which was approved by the Idaho Public Utilities Commission on October 11 , 2000, (the
Agreement"). A copy ofthe 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.
ELI and Qwest respectfully submit this Amendment provides no basis for either of these
findings, and, therefore jointly request that the Commission approve this Amendment
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-167223.10029164-00016
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
ELI to interconnect with Qwest facilities and to provide customers with increased choices among
local telecommunications services.
ELI 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 9th day of February, 2004.
Qwest Corporation
../ &-
t-z----
Mary S. son
Stoel Rives LLP, Attorneys for Qwest
and
Jenny Smith
Electric Lightwave, Inc.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-167223.l 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 9th 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
i i ewell(q),puc. state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Jenny Smith
Electric Lightwave, Inc.
9260 East Stockton Boulevard
Elk Grove, CA 95624
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
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-167223.10029164-00016
Unbundled Dark Fiber (UDF) Amendment
to the
Interconnection Agreement
between
Electric Lightwave, Inc.
and
Qwest Corporation
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation (fIk/a U S WEST Communications , Inc.
) ("
Qwest"), a Colorado corporation, and
Electric Lightwave, Inc. ("CLEC"), a Delaware corporation.
RECITALS
WHEREAS , the Parties entered into an Interconnection Agreement, for service in the State of
Arizona, that was approved by the Arizona Corporation Commission on October 11 2000, as
referenced in Case No. USW-00-21 ("Agreement"); and
WHEREAS, the Parties wish to amend the Agreement by adding 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:
1. Amendment Terms
The Agreement is hereby amended by adding terms , conditions and rates for Unbundled
Dark Fiber (UDF) as set forth in Attachment 1 , Exhibits A and B , to this Amendment
attached hereto and incorporated herein by this reference.
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.
2. Effective Date
This Amendment shall be deemed effective upon Commission approval; however, the
Parties may agree to implement the provisions of this Amendment upon execution. To
accommodate this need CLEC must generate, if necessary, an updated Customer
Questionnaire. In addition to the Questionnaire , all system updates will need to be
completed by Qwest. CLEC will be notified when all system changes have been made.
Actual order processing may begin once these requirements have been met.
January 8 , 2004/pdd/ELI/UDF/ID
Amendment to CDS-000612-0162- (From 7-25-02 ID SGAT)
3. 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.
4. ChanQe of Law
A. The provisions in this Amendment are intended to be in compliance with and based on
the existing state of the law, rules, regulations and interpretations thereof, including but not
limited to state rules, regulations, and laws, as of April 1 , 2003 (the Existing Rules). Nothing
in this Amendment shall be deemed an admission by Qwest or CLEC concerning the
interpretation or effect of the Existing Rules or an admission by Qwest or CLEC that the
Existing Rules should not be changed , vacated , dismissed , stayed or modified. Nothing in
this Amendment shall preclude or estop Qwest or CLEC from taking any position in any
forum concerning the proper interpretation or effect of the Existing Rules or concerning
whether the Existing Rules should be changed , vacated , dismissed , stayed or modified. To
the extent that the Existing Rules are vacated , dismissed, stayed or materially changed or
modified, then this Amendment shall be amended to reflect such legally binding modification
or change of the Existing Rules. Where the Parties fail to agree upon such an amendment
within sixty (60) Days after notification from a Party seeking amendment due to
modification or change of the Existing Rules or if any time during such sixty (60) Day period
the Parties shall have ceased to negotiate such new terms for a continuous period of fifteen
(15) Days, it shall be resolved in accordance with the Dispute Resolution provision of the
Agreement. It is expressly understood that this Amendment will be corrected, or if
requested by CLEC amended as set forth herein , to reflect the outcome of generic
proceedings by the Commission for pricing, service standards, or other matters covered by
this Amendment. Any amendment shall be deemed effective on the effective date of the
legally binding change or modification of the Existing Rules for rates , and to the extent
practicable for other terms and conditions , unless otherwise ordered. During the pendancy
of any negotiation for an amendment pursuant to this Section the Parties shall continue to
perform their obligations in accordance with the terms and conditions of this Amendment , for
up to sixty (60) Days. If the Parties fail to agree on an amendment during the sixty (60) Day
negotiation period , the Parties agree that the first matter to be resolved during Dispute
Resolution will be the implementation of an interim operating agreement between the
Parties regarding the disputed issues, to be effective during the pendancy of Dispute
Resolution. The Parties agree that the interim operating agreement shall be determined and
implemented within the first fifteen (15) Days of Dispute Resolution and the Parties will
continue to perform their obligations in accordance with the terms and conditions of this
Amendment, until the interim operating agreement is implemented. For purposes of this
section
, "
legally binding" means that the legal ruling has not been stayed, no request for a
stay is pending, and any deadline for requesting a stay designated by statute or regulation
has passed.
January 8 , 2004/pdd/ELI/UDF/ID
Amendment to CDS-000612-0162- (From 7-25-02 ID SGAT)
B. In addition , but without limiting Section A above , nothing in this Amendment shall be
deemed an admission by Qwest or CLEC concerning the interpretation or effect of the
FCC's decision and rules adopted in In 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, CC Docket Nos. 01-338, 96-98 and 98-
147 Report and Order on Remand FCC 03-, 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 Qwest or CLEC from taking any position in any forum concerning the
proper interpretation or effect of the Decision or concerning whether the Decision should be
changed , vacated, dismissed, stayed or modified.
5. Entire AQreement
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
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.
Electric Lightwave, Inc.
----'
Authorized Signature
L. T. Christensen
Name Printed/Typed
r~e~
Title
9- C6 Director - Interconnection AQreements
Title
6lbY
Date zj ~/f) cI
Date
January 8 , 2004/pdd/ELI/UDF/ID
Amendment to CDS-000612-0162- (From 7-25-02 ID SGAT)
ATTACHMENT 1
Unbundled Dark Fiber
Description
Unbundled Dark Fiber (UDF) is a deployed , unlit pair of fiber optic cable or
strands that connects two points within Qwest's network. UDF is a single transmission path
between two Qwest Wire Centers, or between a Qwest Wire Center and a CLEC Wire Center
or between a Qwest Wire Center and either an appropriate outside plant structure or an End
User Customer premises in the same LATA and state. UDF exists in three (3) distinct forms: (a)
UDF Interoffice Facility (UDF-IOF), which constitutes an deployed route between two Qwest
Wire Centers; and (b) UDF-Loop, which constitutes a deployed Loop or section of a deployed
Loop between a Qwest Wire Center and an End User Customer premises; and (c) Extended
UDF (E-UDF) which constitutes a deployed route between a Qwest Wire Center and a CLEC
Wire Center. Deployed Dark Fiber facilities shall include Dark fiber Qwest has obtained with
capitalized Indefeasible Right to Use (IRUs) or capitalized leases that do not prohibit Qwest's
ability to provided access to another person or entity. Deployed Dark Fiber facilities shall not be
limited to facilities owned by Qwest, but will include in place and easily called into service facilities
to which Qwest has otherwise obtained a right of access, including but not limited to capitalized
Indefeasible Right to Use (lRUs) or capitalized leases. Qwest shall not be required to extend
access in a manner that is inconsistent with the restrictions and other terms and conditions that
apply to Qwest's access; however, in the case of access obtained from an Affiliate: (a) the actual
practice and custom as between Qwest and the Affiliate shall apply, in the event that it provides
broader access than does any documented agreement that may exist, and (b) any terms
restricting access by CLEC that are imposed by the agreement with the affiliate (excluding good-
faith restrictions imposed by any agreement with a third party from whom the affiliate has gained
rights of access) shall not be applied to restrict CLEC access.
Terms and Conditions
Qwest will provide CLEC with non-discriminatory access to UDF in
accordance with the Agreement. Qwest will provide UDF of substantially the same
quality as the fiber facilities that Qwest uses to provide retail service to its own End User
Customers.
Qwest provides access to unbundled Dark Fiber at:
Accessible terminations such as fiber distribution panels.
Splice cases (except those that are buried and are not readily
accessible without excavation) in the UDF-Loop and E-UDF subject to the
following conditions:
Unspliced fiber is available, subject to Section
Available unspliced fiber is not ribbon fiber;
Splice capacity is available in the Qwest splice case;
January 8 , 2004/pdd/ELI/UDF/ID
Amendment to CDS-000612-0162- (From 7-25-02 ID SGAT)
2.4 Space exists for CLEC splice case;
Qwest will perform splice in Qwest splice case;
CLEC shall not have access to Qwest's splice case;
Qwest will provide a fiber stub for CLEC to splice the
Qwest fiber stub to CLEC fiber strand in CLEC splice case;
Qwest will perform all splices in Qwest splice case
when CLEC is not providing fiber facilities;
Qwest will not open or break any existing splices on
continuous fiber optic cable routes. Where the end of a fiber optic strand
exists in a splice case, Qwest will open that splice case and stub out the
end of the Dark Fiber strand for CLEC;10 CLEC will perform splices in CLEC splice case per
Technical Publication 77383;11 Qwest will perform all modifications associated with
access to UDF via splicing under the terms of Exhibit A; and12 All access is subject to the Field Verification and
Quote Preparation (FVQP).
CLEC may request placement of a FDP at any building or
controlled environment location in the Qwest network in order to access
unterminated UDF pursuant to the Agreement.
Qwest will provide CLEC with access to deployed Dark Fiber facilities.
CLEC shall be responsible for obtaining and connecting electronic equipment, whether
light generating or light terminating equipment, to the Dark Fiber. Qwest will not remove
and CLEC shall be permitted to use , regenerating equipment that already exists in mid-
span.2.4 Qwest will provide Unbundled Dark Fiber to CLEC in increments of two
(2) strands (by the pair). In addition , after May 31 , 2001 , Qwest will provide UDF to
CLEC in increments of one (1) strand. CLEC may obtain up to twenty-five percent
(25%) of available Dark Fibers or four (4) Dark Fiber strands, whichever is greater, in
each fiber cable segment over a twelve (12) month period. Before CLEC may order
additional UDF on such fiber cable segment, CLEC must demonstrate efficient use of
existing fiber in each cable segment. Efficient use of interoffice cable segments is
defined as providing a minimum of OC-12 termination on each fiber pair. Efficient use of
Loop fiber is defined as providing a minimum of OC-3 termination on each fiber pair.
Efficient use of E -UDF is defined as providing a minimum of OC -3 termination on each
fiber pair. CLEC may designate five percent (5%) of its fibers along a fiber cable
segment , or two (2) strands, whichever is greater, for maintenance spare, which fibers or
strands are not subject to the termination requirements in this paragraph.
Qwest shall not have an obligation to unbundle Dark Fiber in the
January 8, 2004/pdd/ELI/UDF/ID
Amendment to CDS-000612-0162- (From 7-25-02 ID SGAT)
following circumstances:a) Qwest will not unbundle Dark Fiber that Qwest utilizes for
maintenance or reserves for maintenance spare for Qwest's own use. Qwest
shall not reserve more than five percent (5%) of the fibers in a sheath , or two (2)
strands, whichever is greater, for maintenance or maintenance spare for Qwest's
own use.b) Qwest will not be required to unbundle Dark Fiber if Qwest
demonstrates to the Commission by a preponderance of the evidence that such
unbundling would create a likely and foreseeable threat to its ability to meet its
Carrier of last resort obligations as established by any regulatory authority.
Qwest shall initiate such proceeding within seven (7) calendar days of denying
CLEC's request (by written notice) to unbundle Dark Fiber where such fiber is
available. In this proceeding, Qwest shall not object to using the most
expeditious procedure available under state law, rule or regulation. Qwest shall
be relieved of its unbundling obligations, related to the specific Dark Fiber at
issue , pending the proceeding before the Commission. If Qwest fails to initiate
such pending proceeding within such seven (7) day period , CLEC's request to
unbundle Dark Fiber shall be reinstated and the ordering and Provisioning
processes of Section 9.3 shall continue.
Qwest will provide CLEC with access to the deployed Dark Fiber in its
network in either single-mode or multi-mode. During the inquiry process, Qwest will
inform CLEC of the availability of single-mode and multi-mode fiber.
7 Specifications, interfaces and parameters for Dark Fiber are described in
Qwest's Technical Publication 77383.
Qwest.
CLEC is responsible for trouble isolation before reporting trouble to
CLEC shall not use UDF that is part of a Loop-transport combination , as
substitute for special or Switched Access Services, except to the extent CLEC
provides "a significant amount of local exchange traffic" to its End Users over the UDF
as set forth by the FCC (See 9.23.2).10 Upon thirty (30) calendar days notification to CLEC , Qwest may initiate a
proceeding to reclaim Dark Fiber strands from CLEC that were not serving End User
Customers at the time of Qwest's notice to CLEC. In such proceeding, Qwest shall have
the burden to prove that Qwest needs such fiber strands in order to meet its Carrier of
last resort obligations as established by any regulatory authority. In such proceeding,
CLEC shall not object to using the most expeditious procedure available under state law
rule or regulation. CLEC shall be entitled to retain such strands of UDF for any purpose
permitted under this Amendment pending the proceeding before the Commission;
provided , however, that such use shall be at CLEC's sole risk of any reclamation
approved by the Commission, including the risk of termination of service to End User
Customers. CLEC may designate five percent (5%) of its fibers along a fiber cable
segment, or two (2) strands, whichever is greater, for maintenance spare, which fibers or
strands are not subject to the reclamation requirements in this paragraph.
January 8, 2004/pdd/ELI/UDF/ID
Amendment to CDS-000612-0162- (From 7-25-02 ID SGAT)
Reserved for Future Use.12 CLEC must have established Collocation or other Technically Feasible
means of network demarcation pursuant to the Agreement at both terminating points of
the UDF-IOF or at the Serving Wire Center of either the UDF-Loop or the E -UDF unless
Loop and transport combinations are ordered. Qwest will provide fiber cross connects at
the Serving Wire Center to connect UDF-Loop or E-UDF with the UDF-IOF if such
elements are ordered in combination. No Collocation is required in intermediate Central
Offices within a UDF or at Central Offices where CLEC's UDFs are cross connected.
CLEC has no access to UDF at those intermediate Central Offices.
12.1 CLEC-to-CLEC connections with UDF for the mutual exchange
of traffic is permissible pursuant to the provisions in this Amendment.13 For UDF-Loop, CLEC is responsible for all work activities at the End
User premises. All negotiations with the premises end user and or premises owner are
solely the responsibility of CLEC.14 For a UDF-Loop terminating at an existing End User premises FDP
Qwest will provide to CLEC an optical "jumper , not to exceed thirty (30) feet in length
connected to the Qwest UDF-Loop FDP.15 The Remote Collocation provisions of the Agreement apply where CLEC
needs to gain access to UDF at an outside plant structure.16 CLEC will incur all costs associated with disconnecting the UDF from its
side of the network Demarcation Point.17 Qwest and CLEC will jointly participate in continuity testing within the
Provisioning interval established in Exhibit B. Qwest and CLEC must coordinate on the
date and time for this continuity testing. As part of their respective duties regarding this
continuity test, Qwest shall furnish a light detector at one termination point of the UDF
and CLEC shall furnish light generating equipment at the other termination point of the
UDF as described below:
17.1 UDF-IOF: Qwest and CLEC shall mutually agree on the Wire
Center at which Qwest must provide a light detector and the Wire Center at
which CLEC must provide light generating equipment.
17.2 UDF-Loop: Qwest will provide the light detector at the Serving
Wire Center, and CLEC will provide the light generating equipment at the
appropriate outside plant structure or End User Customer premises.
17.3 E-UDF: Qwest will provide the light detector at the Serving Wire
Center, and CLEC will provide the light generating equipment at the CLEC Wire
Center.
7.2.18 If, within ten (10) days of the date Qwest provisioned an order for UDF
CLEC demonstrates that the UDF pair(s) provisioned over requested route do not meet
the minimum parameters set forth in Technical Publication 77383, and if the trouble is in
the Qwest UDF facility, not due to fault on the part of CLEC , then Qwest will at no
January 8, 2004/pdd/ELI/UDF/ID
Amendment to CDS-000612-0162- (From 7-25-02 ID SGAT)
additional cost, attempt to repair the UDF as it relates to Qwest cross connects and
jumpers. If Qwest cannot repair the UDF to the minimum parameters set forth in
Technical Publication 77383 , Qwest will replace the UDF if suitable UDF pair(s) are
available , at no additional nonrecurring charge. If Qwest cannot replace the UDF upon
receipt of a CLEC disconnect order, Qwest will refund the nonrecurring charges
associated with the Provisioning excluding IRI, FVQP and Field Verification and will
discontinue all recurring charges.19 Qwest shall allow CLEC's to access UDF Loops, or sections of UDF
Loops , at accessible terminals including FDPS or equivalent in the Central Office
Customer premises or at Qwest owned outside plant location (e.g. CEV, RT or hut).20 Qwest shall allow CLEC to access Dark Fiber that is a part of a Meet
Point arrangement between Qwest and another Local Exchange Carrier if CLEC has an
Interconnection agreement containing access to Dark Fiber with the connecting Local
Exchange Carrier. Qwest rates, terms and conditions shall apply to the percentage of
the route owned by Qwest.
Ordering Processes
Ordering processes and installation intervals are as follows:
The first step of the UDF ordering process is the inquiry process. The
UDF inquiry is used to determine the availability of UDF between any two requested
locations: between two (2) Qwest Wire Centers, between a Qwest Wire Center and an
End User premises, or between a Qwest Wire Center and an appropriate outside plant
structure, or a Qwest Wire Center and a CLEC Wire Center.
CLEC must submit a UDF inquiry through its account team.
CLEC must specify the two (2) locations and the number of fibers requested.
Qwest will notify CLEC , within the interval set forth in Exhibit B
of this Amendment, that: (i) UDF is available to satisfy CLEC's request, (ii) UDF
is not available to satisfy CLEC's request; or (iii) Qwest, in writing, denies CLEC'
request pursuant to Section 9.5(b), Qwest shall provide written notice of
denials pursuant to (Hi) above.
If there is UDF available, the UDF Inquiry Response will contain
up to five (5) available UDF routes between the CLEC-specified end locations.
additional routes are available, Qwest will notify CLEC that such additional routes
exist and negotiate how that additional information will be made available.
CLEC will establish network Demarcation Points to accommodate UDF
optical terminations via Collocation or other Technically Feasible means or network
demarcation pursuant to the Agreement. If Collocation and or other network
demarcation arrangements have not been completed CLEC must have obtained
preliminary APOT address information (CFA - Carrier Facility Assignment) for its
network Demarcation Points in each Qwest Wire Center where the UDF terminates prior
to placing an order for UDF. When preliminary APOT has been established and
delivered to CLEC , Qwest can begin processing the UDF Provisioning order upon
receipt of the UDF Provisioning request. If the preliminary APOT address is changed by
January 8, 2004/pdd/ELI/UDF/ID
Amendment to CDS-000612-0162- (From 7-25-02 ID SGAT)
CLEC , a new Provisioning time line for UDF must be established.
Based on the CLEC request (UDF-Loop, UDF-IOF or E -UDF), there are
two (2) possible termination scenarios.
Termination at an Outside Plant Structure: If CLEC requests
UDF-Loop going to an outside plant structure such as Controlled
Environmental Vault (CEV), or Remote Terminal (RT), the Remote Collocation
provisions of the Agreement will apply. Qwest will prepare and submit to CLEC a
quote along with the original Field Verification Quote Preparation form (FVQP)
within the interval set forth in Exhibit B. Quotes are on an Individual Case Basis
(ICB) and will include costs and an interval in accordance with Exhibit B.
Reserved for Future Use.
Termination at Qwest Wire Center, End User premises or CLEC
Wire Center: If spare fiber is available, and CLEC chooses to proceed , and the
request is for UDF-IOF, UDF-Loop going to an End User premises , or E-UDF
going to a CLEC Wire Center, Qwest will begin the Provisioning process upon
notification from CLEC to proceed and the receipt of fifty percent (50%) of the
nonrecurring charges. The notification to proceed is accomplished by
completing, signing and returning the original inquiry request to the account
manager. Provisioning intervals for this type of request are set forth in Exhibit B.
CLEC will be notified that Provisioning is complete and the remaining
nonrecurring charges and associated recurring charges will be billed.3.4 An order may be canceled any time up to and including the Service
Date. Cancellation charges will apply.
CLEC may reserve Dark Fiber for CLEC during Collocation builds. Prior
to reserving space, CLEC must place an inquiry pursuant to Section 9.1 of this
Amendment and receive a UDF Inquiry Response that reflects that the route to be
reserved is available. CLEC is also strongly encouraged to request a Field Verification
that the route to be reserved is available. If CLEC does not obtain Field Verification
CLEC assumes the risk that records upon which the UDF Inquiry Response is based
may be in error. CLEC may reserve UDF for thirty (30), sixty (60), or ninety (90) days.
CLEC may extend or renew reservations if there is delay in completion of the Collocation
build. All applicable UDF recurring charges specified in Sections 9.will be
assessed at the commencement of the reservation. Nonrecurring charges for
Provisioning and cross connects will be assessed at the time of installation.
Maintenance and Repair
7.4.The Parties will perform cooperative testing and trouble isolation to
identify where trouble points exist. CLEC Cross Connections will be repaired by CLEC
and Qwest Cross Connections will be repaired by Qwest. Maintenance and Repair
processes are contained in the Support Functions Section of the Agreement
7.4.If it is determined that the UDF does not meet the minimum parameters
of Technical Publication 77383 without fault of CLEC , and if the trouble is in the Qwest
UDF facility, then Qwest will attempt to repair the UDF as it relates to Qwest cross
January 8, 2004/pdd/ELI/UDF/ID
Amendment to CDS-000612-0162- (From 7-25-02 ID SGAT)
connects and jumper at no additional cost. If Qwest cannot repair the UDF to the
minimum parameters set forth in Technical Publication 77383, then Qwest will replace
the UDF at no additional cost if suitable UDF pair(s) are available. If Qwest cannot
replace the UDF with available pairs , then it, upon receipt of a CLEC disconnect order,
will discontinue the recurring charges effective as of the date of the commencement of
the trouble.
Rate Elements
Dark Fiber rates are contained in Exhibit B of this Amendment and
include the following elements:a) Initial Records Inquiry (IRI). This rate element is a pre-order work effort
that investigates the availability of UDF. This is a one-time charge for each route
check requested by CLEC. A simple IRI determines if UDF is available between
two Qwest Wire Centers or between a Qwest Wire Center and Qwest Customer
premises. A complex IRI determines if UDF is available between a Qwest Wire
Center and an outside structure (CEV, Hut, etc.) along the Loop fiber route.
Qwest will bill CLEC the IRI immediately upon receipt of the inquiry. The IRI is a
record search and does not guarantee the availability of UDF.b) Field Verification and Quote Preparation (FVQP). This rate element is a
pre-order work effort to estimate the cost of providing UDF access to CLEC at
locations other than Qwest Wire Centers or an End User premises. Qwest will
prepare a quote which will explain what work activities, timeframes, and costs are
associated with providing access to this FDP location. This quote will be good
for thirty (30) calendar days. The FVQP is not necessary when the request is
between Qwest Wire Centers or between a Qwest Wire Center and Customer
premises (Le., IRI). If FVQP is applicable pursuant to this Section and CLEC
orders UDF that has been reserved after a Field Verification has been performed
then the charge for FVQP will be reduced by the amount of the Field Verification
charge assessed in the context of the reservation.c) Field Verification. This rate element is a work effort performed at
CLEC's option before placing a request to reserve UDF to verify the availability of
UDF that CLEC desires to reserve.
The following rate elements are used once the availability of UDF has
been established and CLEC chooses to access UDF.
Unbundled Dark Fiber - IOF Rate Elements
a) UDF-IOF Termination (Fixed) Rate Element. This rate element
a recurring rate element and provides a termination at the interoffice FDP
within the Qwest Wire Center. Two UDF-IOF terminations apply per pair.
Termination charges apply for each intermediate office terminating at an
FDP or like cross connect point.
b) UDF-IOF Fiber Transport, (Per Pair) Rate Element. This rate
element has both a recurring and a nonrecurring component and applies
per pair. This rate element provides a transmission path between Qwest
January 8, 2004/pdd/ELI/UDF/ID
Amendment to CDS-000612-0162- (From 7-25-02 ID SGAT)
Wire Centers. The recurring component of this rate element is mileage
sensitive based on the route miles of the UDF rounded up to the next
mile.
c) UDF-IOF Fiber Cross-Connect Rate Element. This rate element
has both a recurring and nonrecurring component and is used to extend
the optical connection from the IOF FDP to CLEC's optical Demarcation
Point (ICDF). A minimum of two (2) UDF-IOF fiber cross connects apply
per pair. Cross-connect charges apply for each intermediate office
terminating at an FDP or like cross connect point. The nonrecurring rate
will not be charged for cross connects already in place prior to CLEC'
order for UDF-IOF.
Unbundled Dark Fiber - Loop Rate Elements
a) UDF-Loop Termination (Fixed) Rate Element. This rate element
is a recurring rate element and provides a termination at the interoffice
FDP within the Qwest Wire Center and at either the Customer premises
or an appropriate outside plant structure. Two UDF-Loop terminations
apply per pair.
b) UDF-Loop Fiber (Per Pair) Rate Element. This rate element has
both a recurring and a nonrecurring component, and it applies per pair.
This rate element provides a transmission path between the Qwest
Serving Wire Center and either the Customer premises or an appropriate
outside plant structure.
c) UDF-Loop Fiber Cross-Connect Rate Element. This rate element
has both a recurring and nonrecurring component, is applied per pair, and
is used to extend the optical connection from FDP to FDP. The
nonrecurring rate will not be charged for cross connects already in place
prior to CLEC's order for UDF-Loop.
Extended Unbundled Dark Fiber Rate Elements
a) E-UDF Termination (Fixed) Rate Element. This rate element is a
recurring rate element and provides a termination at the interoffice FDP
within the Qwest Wire Center and at the CLEC Wire Center. Two E-UDF
terminations apply per pair.
b) E-UDF Fiber (Per Pair) Rate Element. This rate element has both
a recurring and a nonrecurring component, and it applies per pair. This
rate element provides a transmission path between the Qwest Serving
Wire Center and the CLEC Wire Center.
c) E-UDF Fiber Cross Connect Rate Element. This rate element has
both a recurring and nonrecurring component, is applied per pair, and is
used to extend the optical connection from FDP to FDP. The
nonrecurring rate will not be charged for cross connects already in place
prior to CLEC's order for E-UDF.
January 8, 2004/pdd/ELI/UDF/ID
Amendment to CDS-000612-0162- (From 7-25-02 ID SGAT)
Exhibit A
Idaho
Amendment
Contract Notes
ReClming Non-Recurring Notes
Unbundled NetworK Elements (UNEs)
Unbundled Dark Fiber (UDF)
Initial Records Inquiry (IRI)
Simple $262.
Complex $308.
Field Verification and Quote Preparation (FVQP)049.
Field Verification (Engineering Verification)$360.
7.4 UDF - Single Strand
UDF - Interoffice Facility (UDF-IOF) - Single Strand
Intentionally Left Blank
Intentionally Left Blank
Fiber Transport, per Mile Strand $88.
Temlination, FIXed, per Strand/OfficelTemlination $5.
Fiber Cross-connect, per Strand/Office $2.
UDF - Loop Charges - Single Strand
Intentionally Left Blank
Intentionally Left Blank
Fiber Loop, per Route/Strand $5.
Temlination, Fixed, per Strand/Office $5.
Temlination, FIXed, per Strand /Premise $196.
Extended Unbundled Dark Rber (E UDF) -1 Fiber
Intentionally Left Blank
Intentionally Left Blank
Fiber Transport, per Route/I Fiber $5.
Temlination, Fixed 1 Fiber/OfflCe $5.
Temlination, Fixed 1 Rber /Prem $196.
UDF-IOF - per Pair
UDF-IOF Charges - per Pair
Order Charge per First Pair Route/Order $618.
Order Charge Each Additional, per Pair Same Route $282.
Fiber Transport, per Mile Pair $74.
Temlination, Fixed Per Pair Office Temlination $7.
Fiber Cross-connect Per Pair Office $4.$22.
UDF-Loop Charges - Pair
Order Charge per first Pair Route/Order $618.
Order Charge Each Additional Pair Same Route $282.
Fiber Loop, per Route $169.
Temlination, Fixed per Pair Office $8.
Temlination, Fixed Per Pair Premise $7.
Fiber Cross-Gonnect Per Pair OffICe $4.$22.
Extended Unbundled Dark Fiber (E-UDF)
Order Charge per 1st Pair Route Order $618.
Order Charge Each Additional, per Pair Same Route $282.
Fiber Transport, per Route/Per Pro $169.
Temlination, Fixed Per Pr.lOffice $8.
Temlination Fixed Per Pr./Prem.$7.
Fiber Cross-Gonnect Per Pr.lOffice $4.$22.
Dark Rber Splice $689.
Notes
Denotes voluntary rate reduction.
Unless otherwise indicated, all rates are pursuant to the Owest and AT&T
Interconnection Agreement approved by the Idaho Public Util~ies Commission in Docket
Number USW-96-15, Commission Order Number 27738, effective September 17, 1998.
Rates addressed in Cost Docket 6129/01 11/16/2001. (TELRIC)
Market-based rates.
ICB, Individual Case Basis pricing.
Rates per FCC Guidelines.
Rates not addressed In Cost Docket (TELRIC)
Regional TELRIC based where required.
A special request is a request by the customer to perfoon something that is technically
feasible but the process and pricing are not yet in place.
Rates found in FCC Tariff #1
The preliminary engineering and planning costs are included in the caged/cageless
construction charges. These charges are also included in the caged/cageless QPFs.
Upon completion of construction. these QPFs will be credited to the final construction
charge for job. The credit will apply to whichever QPF is applied. This exhibit currently
lists multiple QPFs based on what has been proposed on the cost docket and what was
approved in the AT&T agreement. CEC may choose either QPF at this time.
Additional reduction to voluntarily reduced rates.
Owest will not charge for this element until the Commission has an opportun~y to
review and approve a rate in a cost proceeding.
CMS - Exhibit A Idaho - 1-16-04
EXHIBIT B
SERVICE INTERVAL TABLES
Unbundled Dark Fiber Interval Table:
Installation Guidelines apply where facilities/network capacity is in place, on Qwest-owned, in
region facilities. Where non-Qwest locations are involved , intervals are handled on an Individual
Case Basis - (lCB).
Product Activity!
Features
Services
Ordered
FOC
Guidelines
Installation
Guidelines
Repair
Guidelines
mar'lc:R iber. .
Initial Records
Inquiry (IRI)
(simple & complex)
Field Verification
And Quote
Preparation
FVQP
Provisioning (non-
FVQP requests)
Ten (10)
business days
N/A Twenty (20)
business days
N/A
N/A Twenty (20)
business days
Qwest Idaho SGAT Third Revision , Exhibit B May 24 , 2002 Page