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Home My WebLink About20060406Amendment.pdfMaura E. Peterson Paralegal Regulatory Law \ :,,;,'" , -C2. .J Qwest~ Spirit of Service Qwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 - , ' :;: ?B Via Overnight delivery April 5 , 2006 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. USW-00- Application for Approval of Amendment to the Interconnection Agreement Electric Lightwave, Inc. Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and three (3) copies of the Application for Approval of Amendment to the Interconnection Agreement. Qwest respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please contact ~e if you have any questions concerning the enclosed. Thank you for your assistance in thio/ matfer. mep Enclosure cc: Service list :':'i Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr~qwest.com ; ,~" ,: ~' : :::;3 .. ,, ' 1:,,:,i'i ;SSiU, BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.c. ~252(e) CASE NO.: USW-OO- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") hereby files 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"). The Amendment with Electric Lightwave, Inc. ("ELI") 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. Qwest respectfully submits this Amendment provides no basis for either of these findings, and, therefore requests 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 ELI APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest further requests 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 5th day of April, 2006. Adam L. Sherr Attorney for Qwest APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 CERTIFICATE OF SERVICE I hereby certify that on this 5th day of April, 2006, 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 O. Box 83720 Boise, Idaho 83720-0074 iiewell~puc.state.id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Jenny Smith Electric Lightwave, Inc. 92060 East Stockton Blvd. Elk Grove, CA 95624 Hand Delivery U. S. Mail Overnight Delivery Facsimile tE;mail APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 Triennial Review Order and Triennial Review Remand Order TROITRRO") Amendment to the Interconnection Agreement between Qwest Corporation and Electric Lightwave, Inc. for the State of Idaho This is an Amendment ("Amendment") to incorporate the Triennial Review Order ("TRO") and the Triennial Review Remand Order ("TRRO") into the Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado corporation , and Electric Lightwave, Inc. ("CLEC"), a Delaware corporation. CLEC and Qwest 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 services inthe State of Idaho, that was approved by the Idaho Public Utilities Commission on October 11 , 2000, as referenced in Case No. USW-00-21; and WHEREAS , the Federal Communications Commission ("FCC") promulgated new rules and regulations pertaining to, among other things, the availability of unbundled network elements UNEs ) pursuant to Section 251 (c)(3) of the Telecommunications Act of 1996 (the "Act") in its Report and Order In the Matter of Review of the Section 251 Unbundling Obligations 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, (effective October , 2003) ("TRO"); and WHEREAS , on February 4 , 2005, the FCC released the Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers, Order on Remand (Triennial Review Remand Order)(FCC 04-290) ("TRRO"), effective March 11 , 2005, which further modified the rules governing Qwest's obligation to make certain UNEs available under Section 251 (c)(3) of the Act; and WHEREAS , the TRO and TRRO Decision , individually and together ("Decisions ) materially modify Qwest's obligations under the Act with respect to among other things, Qwest's requirement to offer certain UNEs; and WHEREAS, the Parties wish to amend the Agreement to comply with the Decisions 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: February 13, 2006/msd/ELIfTRO-TRRO/lD Amendment to CDS-OOO612-0162 I. Amendment Terms. To the extent applicable , the Agreement is hereby amended by deleting certain UNEs or by changing or adding terms and conditions for certain UNEs as set forth in Attachment 1 and Exhibit A to this Amendment, attached hereto and incorporated herein by this reference. I I.Limitations. Nothing in this Amendment shall be deemed an admission by Qwest or CLEC concerning the interpretation or effect of the Decisions, nor rules, regulations, interpretations, and appeals thereof, including but not limited to state rules, regulations, and laws as they may be issued or promulgated regarding the same. 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 Decisions or concerning whether the Decisions should be changed, vacated , dismissed, stayed or modified. 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 UNEs listed in Attachment 1 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 execution date. Effective Date. This Amendment shall be deemed effective upon approval by the Commission , except where the change of law provision in CLEC's Interconnection Agreement specifies a differenteffective date. The Parties agree to implement the provisions of this Amendment upon execution execution date VI.Further Amendments. 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. February 13, 2006/msd/ELI/TRO-TRRO/ID Amendment to CDS-OOO612-0162 VII.Entire Aareement. 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.Qwest Corporation ;: TeL ;- Signature Melinda White Name Printed/Typed L. T. Christensen Name Printed/Typed VP/General ManaQer Title Date Director- Interconnection AQreementsTitle .3 k /00 Date February 13, 2006/msd/ELIfTRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 Table of Contents RECITALS.... ...................................... ................ ........................ ......................... TABLE OF CONTENTS ............................................................................................ DEFINITIONS ............................................................................................... 5 UNBUNDLED NETWORK ELEMENTS (UNE) GENERAL..................................... 7 UNBUNDLED Loop .................................................................................... UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT)......................... 19 UNBUNDLED LOCAL SWITCHING ................................................................. UNBUNDLED NETWORK ELEMENT COMBINATIONS....................................... 25 RATCHETING ...... ............................................................................ .......... 27 ROUTINE NETWORK MODIFICATIONS .......................................................... February 13, 2006/msd/ELIfTRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 Definitions Business Line" means a Owest-owned switched access line used to serve a business customer, whether by Owest itself or by CLEC that leases the line from Owest. The number of Business Lines in a Wire Center shall equal the sum of all Owest business switched access lines, plus the sum of all UNE loops connected to that Wire Center, including UNE loops provisioned in combination with other unbundled elements. Among these requirements Business Line tallies (1) shall include only those access lines connecting End User Customers with Owest end-offices for switched services; (2) shall not include non-switched special access lines; and (3) shall account for ISDN and other digital access lines by counting each 64 kbps- equivalent as one line. For example, a DS1 line corresponds to twenty-four (24) 64 kbps- equivalents, and therefore to twenty-four (24) Business Lines. 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. Dark Fiber" is fiber within an existing fiber optic cable that has not yet been activated through optronics to render it capable of carrying communications services. Dedicated Transport" is Owest transmission facilities between wire centers or switches owned by Owest, or between wire centers or switches owned by Owest and switches owned by requesting telecommunications carriers, including, but not limited to, DS1-, DS3-, and OCn- capacity level services, as well as dark fiber, dedicated to a particular customer or carrier. Fiber-based Collocator" means any carrier, unaffiliated with Owest, that maintains a Collocation arrangement in a Owest Wire Center, with active electrical power supply, and operates a fiber- optic cable or comparable transmission facility that (1) terminates at a Collocation arrangement within the Wire Center; (2) leaves the Owest Wire Center premises; and (3) is owned by a party other than Owest or any affiliate of Owest, except as set forth in this paragraph. Dark fiber obtained from Owest on an indefeasible right of use basis shall be treated as non-Owest fiber- optic cable. Two (2) or more affiliated Fiber-based Collocators in a single Wire Center shall collectively be counted as a single Fiber-based Collocator. For purposes of this paragraph , the term "affiliate" is defined by 47 U.C. ~ 153(1) and any relevant interpretation in this Title. Interexchange Service" means telecommunications service between stations in different exchange areas. Ct. Modification of Final Judgment, ~ IV(K), reprinted in United States v. Am. Tel. Tel. Co.552 F. Supp. 131 , 229 (D. D.C. 1982) (defining "interexchange telecommunications" as "telecommunications between a point or points located in one exchange telecommunications area and a point or points located in one or more other exchange areas or a point outside an exchange area Long Distance Service" (see "Interexchange Service February 13 , 2006/msd/ELIfTRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 Mobile Wireless Service" means all mobile wireless telecommunications services , including commercial mobile radio service (CMRS). CMRS includes paging, air-ground radio , telephone service and offshore radiotelephone services, as well as mobile telephony services , such as the vice offerings of carriers using cellular radiotelephone, broadband PCS and SMR licenses. Non-impaired Wire Center" - A Non-impaired Wire Center is a Wire Center that meets the loop thresholds identified in CFR 47 S51.319(a)(4)(i) for DS1 Loops and S51.319(a)(5)(i) for DS3 Loops. Non-impaired Wire Centers also include Tier 1 and Tier 2 Wire Centers as defined in S51.319(e)(3) and subject to the limitations of S51.319(e)(2)(ii)(A) for DS1 Dedicated Transport S51.319(e)(2)(iii)(A) for DS3 Dedicated Transport and S51.319(e)(2)(iv)(A) for Dark Fiber Transport. Route" is a transmission path between one of Owest's Wire Centers or switches and another of Owest's Wire Centers or Switches. A Route between two (2) points (e., Wire Center or Switch A" and Wire Center or Switch ") may pass through one (1) or more intermediate Wire Centers or Switches (e., Wire Center or Switch " ). Transmission paths between identical end points (e., Wire Center or Switch "A" and Wire Center or Switch ") are the same "route irrespective of whether they pass through the same intermediate Wire Centers or Switches , if any. Triennial Review Remand Order" The Triennial Review Remand Order is the Commission Order on Remand in CC Docket Nos. 01-338 and 04-313 (released February 4 , 2005). Unbundled Network Element" (UNE) is a Network Element that has been defined by the FCC as a Network Element to which Owest is obligated under Section 251 (c)(3) of the Act to provide unbundled access or for which unbundled access is provided under CLEC's Agreement and under this Amendment. Unbundled Network Elements do not include those Network Elements Owest is obligated to provide only pursuant to Section 271 of the Act. Wire center" A wire center is the location of a Owest local Switching facility containing one or more central offices, as defined in the Appendix to part 36 of this chapter. The wire center boundaries define the area in which all customers served by a given wire center are located. Tier 1 Wire Centers" means those Owest Wire Centers that contain at least four Fiber-based Collocators , at least 38 000 Business Lines, or both. Tier 1 Wire Centers also are those Owest tandem Switching locations that have no line-side Switching facilities, but nevertheless serve as a point of traffic aggregation accessible by CLEC. Once a Wire Center is determined to be a Tier 1 Wire Center, that Wire Center is not subject to later reclassification as a Tier 2 or Tier 3 Wire Center. Tier 2 Wire Centers" means those Owest Wire Centers that are not Tier 1 Wire Centers , but contain at least 3 Fiber-based Collocators, at least 24 000 Business Lines , or both. Once a Wire Center is determined to be a Tier 2 Wire Center, that Wire Center is not subject to later reclassification as a Tier 3 Wire Center. Tier 3 Wire Centers" means those Owest Wire Centers that do not meet the criteria for Tier 1 or Tier 2 Wire Centers. February 13 , 2006/msd/ELIfTRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 Unbundled Network Elements (UNE) General 1 CLEC'Interconnection Agreement may include terms and conditions for certain Network Elements that Owest is no longer required to offer on an unbundled basis pursuant to Section 251 of the Act. The FCC determined in its Decisions, that certain Unbundled Network Elements no longer satisfy the FCC's impairment test, and as a result, Owest is no longer obligated to offer to CLEC those Network Elements on an unbundled basis pursuant to Section 251 of the Act. The FCC also modified certain Terms and Conditions for other Unbundled Network Elements. As of the execution date of this Amendment, CLEC shall not order, and Owest will not provide, the following Network Elements on an unbundled basis pursuant to Section 251 of the Act: Unbundled Loops Certain DS1 Loops subject to the requirements of Section 3.0 following Certain DS3 Loops subject to the requirements of Section 3.0 following OCn Loops FTTH & FTTC Loops subject to the requirements of Section 3. following Dark Fiber Loops subject to the requirements of Section 3.5 following Hybrid Loops (non-copper distribution Loops) except as identified in Section 3.1 .7 following Line Sharing Feeder-Sub-Loop Shared Distribution Loops Transport UDIT (Extended Unbundled Dedicated Interoffice Transport); Transport from a CLEC's Premises to a Owest Wire Center; UDF (Extended Unbundled Dark Fiber); Transport from a CLEC' Premises to a Owest Wire Center; OCn UDIT; including Remote Node/Remote Port and SONET add/drop multiplexing UDIT and UDF as a part of a Meet-Point arrangement; Certain DS1 Transport (UDIT) subject to the requirements of Section 4. February 13, 2006/msd/ELI/TRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 following Certain DS3 Transport (UDIT) subject to the requirements of Section 4. following Certain Dark Fiber Transport (UDF-IOF) subject to the requirements of Section 4.7 following Unbundled Switching Packet Switching Tandem Switching Mass Market Switching, including UNE-P and related services as identified in Section 2. Enterprise Local Switching, including UNE-P and related services as identified in Section 2. Signaling Networks (stand alone) 1 Related services Transition Customized Routing Signaling AIN Database Services Line Information Database (LlDB) 8XX Database Services InterNetwork Calling Name (ICNAM) Local Number Portability (LNP) Database Shared Transport 2.4.Transition plans for embedded Network Elements identified in the above lists are identified in the following sections. After execution of this Amendment, Owest shall back bill the FCC ordered rate increases to March 11 , 2005, for existing Non-Impaired DS1 Loop and Transport, DS3 Loop and Transport, Dark Fiber Loop and Transport and Mass Market Switching Services pursuant to Transition rate increases identified in Sections 3.1 ., 3., 3., 4., 4. 2 and 5.3. Such back billing shall not be subject to billing measurements and penalties. 2.4 UNEs shall be obtained solely for the provision of Telecommunications Services and only to the extent allowed by law. February 13, 2006/msd/ELIffRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 UNEs shall only be obtained for the provision of Telecommunications Services, which do not include telecommunications utilized by CLEC for its own administrative use. CLEC may not access UNEs for the exclusive provision of Mobile Wireless Services or Interexchange Services. If CLEC accesses and uses a UNE consistently with Sections 2.4, 2.5 and 2., CLEC may provide any Telecommunications Services over the same UNE. To submit an order to obtain a high-capacity loop or transport UNE CLEC must undertake a reasonably diligent inquiry and , based on that inquiry, self-certify that, to the best of its knowledge, its request is consistent with the requirements discussed in parts IV, V, and VI of the Triennial Review Remand Order and that it is therefore entitled to unbundled access to the particular network elements sought pursuant to section 251 (c)(3). As part of such reasonably diligent inquiry, CLEC shall ensure that a requested unbundled DS1 or DS3 loop is not in a Wire Center identified on the list provided by Owest of Wire Centers that meet the applicable non- impairment thresholds specified in Sections 3.1 and 3., and that a requested unbundled DS1 , DS3 or dark fiber transport circuit is not between Wire Centers identified on the list of Wire Centers that meet the applicable non-impairment threshold specified in Sections 4., 4. and 4.1. CLEC shall provide a blanket certification letter or other mutually agreed upon form to document its compliance. CLEC will maintain appropriate records that document what CLEC relied upon to support its certification. Upon receiving a request for access to a dedicated transport or high-capacity loop UNE that indicates that the UNE meets the relevant factual criteria discussed in sections V and VI of the Triennial Review Remand Order, Owest must immediately process the request, if the UNE is in a location that does not meet the applicable non- impairment thresholds referred to in Section 2.8. To the extent that Qwest seeks to challenge any other such UNEs , it subsequently can raise that issue through the dispute resolution procedures provided for in CLEC's Interconnection Agreement. If it is determined by CLEC and Owest that CLEC's access to or use of UNEs inconsistent with Existing Rules, except when originally ordered (excluding instances due to change in law), CLEC has thirty (30) calendar Days to convert such UNEs to correct the inconsistency and order the appropriate alternate service arrangements and CLEC is subject to back billing for the difference between rates for the UNEs and rates for the Owest alternate service arrangements. CLEC is also responsible for all non- recurring charges associated with such conversions. Intentionally Left Blank. 8.4 Additional Non-Impaired Wire Centers. If additional Qwest Wire Centers are found to meet the relevant factual criteria discussed in Sections V and VI of the FCC' Triennial Review Remand Order under which Owest is no longer is required to offer Unbundled DS1 or DS3 Loops , and/or if additional Owest Wire Centers are reclassified as Tiers 1 or 2, thus impacting the availability of Unbundled DS1 , DS3, or Dark Fiber transport, Owest shall provide notice to CLEC. Thirty (30) Days after notification from Owest, CLEC will no longer order impacted high capacity or Dark Fiber UNEs in or between those additional Wire Centers. CLEC will have ninety (90) Days to transition February 13 , 2006/msd/EUffRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 exiting DS1 and DS3 UNEs to an alternative service. CLEC will have one hundred eighty (180) Days to transition Dark Fiber transport to an alternative service. Owest and CLEC will work together to identify those circuits impacted by such change. Absent CLEC transition of impacted UNEs within the transition period above , Owest will convert facilities to month-to-month service arrangements in Qwest's Special Access Tariff or begin the disconnect process of Dark Fiber facilities. CLEC is subject to back billing for the difference between the UNE and Tariff rates beginning on the ninety-first (91 st) Day as well as for all applicable nonrecurring charges associated with such conversions. Service Eligibility Criteria The following Service Eligibility Criteria apply to combinations and/or Commingling of high capacity (DS1 and DS3) Loops and interoffice transport (high capacity EELs). This includes new UNE EELs, EEL conversions (including commingled EEL conversions), or new commingled EELs. Except as otherwise provided in this Section 2., 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 part of a high capacity Loop-transport combination (commingled EEL). 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 absenceof 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 (1) 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 requiredfor a local voice call. CLEC will provide local telephone number assignments by circuit; February 13, 2006/msd/ELIfTRO-TRRO/ID Amendment to CDS-000612-0162 ATTACHMENT 1 911 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 can satisfy the numbering and 911/E911 criteria to initiate the ordering process for a new EEL circuit by certifying that it will not begin to provide service until a local number is assigned and 911 or E911 capability is provided. Collocation. CLEC will provide evidence that each circuit terminates in a Collocation arrangement by providing the associated CFA. In addition: 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's Premises within the same LATA 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; 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 as the End User Customer s premises, when Owest is the collocator; and 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 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 in order to satisfy the Service Eligibility Criteria. 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 DSO equivalent LIS trunk in the same LATA and state as the End User Customer served by the circuit. For each twenty-four (24) DS1 circuits, CLEC must maintain at least one (1) active DS1 LIS trunk in the same LATA 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 Number in February 13, 2006/msd/EUffRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 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. If the Calling Party Number is not exchanged over an Interconnection trunk, that trunk shall not be counted towards meeting the Service Eligibility Criteria. For each circuit, CLEC will identify the Interconnection trunk satisfying this criterion. 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 to Owest through a self-certification letter, or other mutually agreed upon communication that each 1) a converted high capacity EEL, 2) a new high capacity EEL, or 3) part of a high capacity commingled EEL as a UNE , meets the Service Eligibility Criteria set forth above before Owest will provision or convert the high capacity facility in combination or Commingled. 1.4 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 facility to the appropriate Private Line/Special Access service within thirty (30) Days. Service Eligibility Audits. In order to confirm reasonable compliance with these requirements, Owest may perform Service Eligibility Audits of CLEC's records by means of an independent auditor. Service Eligibility Audits shall be performed in accordance with the following guidelines: Owest may, upon thirty (30) Days written notice to CLEC that has purchased high capacity combination and Commingled facilities conduct a Service Eligibility 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. CLEC shall make reasonable efforts to cooperate with any Service Eligibility Audit requested by Owest and shall provide an independent auditor 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. February 13, 2006/msd/ELIffRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 An independent auditor hired and paid for by Owest shall perform any Service Eligibility Audits , provided, however, that if a Service Eligibility Audit reveals that CLEC's high capacity combination and Commingled facility circuit(s) have failed to comply in all material respects with the Service Eligibility Criteria, than the CLEC shall reimburse Owest for the cost of the audit. In the event the independent auditor finds that CLEC did comply with the Service Eligibility Criteria than Owest shall reimburse CLEC for their costs associated with the audit pursuant the TRO and TRRO. An independent auditor must perform its evaluation in accordance with the standards established by the American Institute for Certified Public Accountants (AI CPA) and during normal business hours unless there is a mutual agreement otherwise. Owest shall not exercise its Service Eligibility 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 Audit does find non-compliance , Owest shall not exercise its Service Eligibility Audit rights for sixty (60) Days following that audit, andis limited to those areas where non-compliance was previously determined. If any subsequent Service Eligibility Audit finds CLEC complied with the Service Eligibility Criteria, Owest shall not exercise its Service Eligibility Audit rights for the remainder of the calendar year. At the same time that Owest provides notice of a Service Eligibility Audit to CLEC under this paragraph , Owest shall send a copy of the notice to the Federal Communications Commission. Service Eligibility Audits conducted by Owest for the purpose of determining compliance with Service Eligibility Criteria shall not effect or in any way limit any audit or Dispute Resolution rights that either Party may have pursuant to other provisions of this Agreement. Owest shall not use any other audit rights it may have under this Agreement to audit for compliance with the Service Eligibility Criteria of this Section. Owest shall not require a Service Eligibility Audit as a prior prerequisite to Provisioning combination and Commingled facilities. CLEC shall maintain appropriate records to support its Service Eligibility Criteria. However, CLEC has no obligation to keep any records that it does not keep in the ordinary course of its business. 10 If a Service Eligibility Audit demonstrates that a high capacity combination and Commingled facilities do not meet the Service Eligibility Criteria above, the CLEC must convert all non-compliant circuits to Private Line/Special Access circuits and CLEC must true-up any difference in payments within thirty (30) days. February 13, 2006/msd/ELIfTRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 Unbundled Loop Unbundled Loops are available pursuant to CLEC's Agreement and the following terms and conditions. DS1 Unbundled Loops. Subject to the cap described in Section 3. Owest shall provide CLEC with non-discriminatory access to a DS1 loop on an unbundled basis to any building not served by a Wire Center with at least 60 000 Business Lines and at least four (4) Fiber-based Collocators. Once a Wire Center exceeds both of these thresholds, no future DS1 loop unbundling will be required in that Wire Center. Cap on Unbundled DS1 Loop Circuits. CLEC may obtain a maximum of ten (10) unbundled DS1 Loops to any single building in which DS1 Loops are available as Unbundled Loops. Transition period for DS1 loop circuits. For a twelve (12) month period beginning on the effective date of the Triennial Review Remand Order, any DS1 loop UNEs that a CLEC leases from Owest as of that date, but which Owest is not obligated to unbundle pursuant to Sections 3.1 or 3. shall be available for lease from Owest at a rate equal to the higher of (1) 115% of the rate the requesting carrier paid for the loop element on June 15, 2004, or (2) 115% of the rate the state commission has established or establishes, if any, between June 16, 2004, and the effective date of the Triennial Review Remand Order, for that Loop element. Where Owest is not required to provide unbundled DS1 loops pursuant to Sections 3.1 or 3., CLEC may not obtain new DS1 loops as unbundled network elements. Owest and CLEC will work together to identify those circuits impacted in Non-Impaired Wire Centers. Billing. The 15% transitional rate increment will be applied to CLECs bill as a manual adjustment on the following bill cycle. The first bill adjustment will be applied to each account based on the Billing Telephone Number (BTN) and/or Circuit (CKT) per Billing Account Number (BAN) with an effective bill date of March 11 , 2005 on the first or second bill cycle following the contract execution date. DS3 Unbundled Loops. Subject to the cap described in Section 3. Owest shall provide CLEC with non-discriminatory access to a DS3 loop on an unbundled basis to any building not served by a Wire Center with at least 38,000 Business Lines and at least four (4) Fiber-based Collocators. If a Wire Center exceeds both of these thresholds, no future DS3 Loop unbundling is required in that Wire Center. Cap on Unbundled DS3 Loop Circuits. CLEC may obtain a maximum of a single unbundled DS3 Loop to any single building in which DS3 Loops are available as unbundled loops. Transition period for DS3 loop circuits. For a twelve (12) month period beginning on the effective date of the Triennial Review Remand February 13, 2006/msd/ELI/TRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 Order, any DS3 loop UNEs that a CLEC leases from the Owest as of that date but which the Owest is not obligated to unbundle pursuant to Sections 3.2 or , shall be available for lease from the Owest at a rate equal to the higher of (1) 115% of the rate the requesting carrier paid for the loop element on June , 2004, or (2) 115% of the rate the state commission has established or establishes , if any, between June 16, 2004, and the effective date of the Triennial Review Remand Order, for that loop element. Where Owest is not required to provide unbundled DS3 loops pursuant to Sections 3.2 or 3., CLEC may not obtain new DS3 loops as unbundled network elements. Owest and CLEC will work together to identify those circuits impacted in Non-Impaired Wire Centers. Billing. The 15% transitional rate increment will be applied to CLECs bill as a manual adjustment on the following bill cycle. The first bill adjustment will be applied to each account based on the BTN and/or CKT per BAN with an effective bill date of March 11 , 2005 on the first or second bill cycle following the Amendment execution date. Failure To Convert Non-Impaired Services - DS1 and DS3 Loops. Absent CLEC Transition of DS1 and DS3 Loops by March 10, 2006, Owest will convert facilities to month to month service arrangements in Owest's Special Access Tariff. CLEC is subject to back billing for the difference between the rates for the UNEs and rates for the Owest alternative service arrangements to March 11 , 2006. CLEC is also responsible for all non-recurring charges associated with such conversions. 1.4 Owest shall make available to CLEC a list of those Non-Impaired Wire Centers that satisfy the above criteria and update that list as additional Wire Centers meet these criteria. Dark Fiber Loops Including Fiber Sub-loop. Qwest is not required to provide CLEC with access to a Dark Fiber Loop on an unbundled basis except for UDF-MTE Subloop below. Dark fiber is fiber within an existing fiber optic cable that has not yet been activated through optronics to render it capable of carrying communications services. Transition period for Dark Fiber Loop circuits. For an 18-month period beginning on the effective date of the Triennial Review Remand Order, any Dark Fiber Loop UNEs that a CLEC leases from Owest as of that date shall be available for lease from Owest at a rate equal to the higher of (1) 115% of the rate the requesting carrier paid for the loop element on June 15, 2004 , or (2) 115% of the rate the state commission has established or establishes, if any, between June 16, 2004, and the effective date of the Triennial Review Remand Order, for that Loop element. CLEC may not obtain new Dark Fiber Loops as Unbundled Network Elements. Owest and CLEC will work together to identify those circuits impacted. Failure To Convert Non-Impaired Network Elements - Dark Fiber Loops including Fiber Sub-loop. Absent CLEC transition of Dark Fiber February 13, 2006/msd/ELIfTRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 Loops as of September 10, 2006 , Qwest will, or maintains the right to, begin the disconnection process of CLEC Dark Fiber Loops. UDF MTE Subloop begins at or near an MTE to provide access MTE premises wiring. 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. The termination and placement of CLEC fiber facilities at an MTE is solely the responsibly of CLEC. CLEC is responsible for all negotiations with the End User Customer and or premises owner for such placement of CLEC facilities. Termination at an MTE. CLEC shall access the UDF MTE Subloop on the MTE premises at a technically feasible point if possible. If access is not technically feasible on the MTE premises, then CLEC may request access to UDF MTE Subloop at a technically feasible point near the MTE premises. Owest will prepare and submit to CLEC a quote along with the original Field Verification Quote Preparation form (FVOP) within the interval set forth in Exhibit C. Quotes are on an Individual Case Basis (ICB) and will include costs and an interval in accordance within the interval set forth in the Agreement. A complex IRI is used to determine if a UDF MTE Subloop is available to gain access to network infrastructure within an MTE. Quotes are on an Individual Case Basis (ICB) and may include costs in addition to any installation charges specified in Exhibit A. of your Agreement. FTTH and FTIC 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 , or, in the case of predominantly residential multiple dwelling units (MDUs), a fiber optic cable , whether dark or lit, that extends to the MDU's minimum point of entry (MPOE). For purposes of this Section, a Fiber-to-the-Curb (FTTC) loop is a local loop consisting of fiber optic cable connecting to a copper distribution plant loop that is not more than 500 feet from the End User Customer s Premises or, in the case of predominantly residential MDU, not more than 500 feet from the MDU's MPOE. The fiber optic cable in a FTTC must connect to a copper distribution plant loop at a serving area interface from which every other copper distribution subloop also is not more than 500 feet from the respective End User Customer s Premises. FTTH/FTTC New Builds. Owest shall have no obligation to provide access to an FTTH/FTTC 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. February 13, 2006/msd/ELIfTRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 FTTH/FTTC Overbuilds. Owest shall have no obligation to provide access to an FTTH/FTTC loop as an Unbundled Network Element in any situation where Owest deploys such a loop parallel to, or in replacement of, an existing copper loop facility. Notwithstanding the foregoing, where Owest deploys a FTTH/FTTC loop parallel to, or in 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/FTTC loop to such Premises , and (ii) upon request provide access to such copper loop as an Unbundled Network Element Notwithstanding the foregoing, Owest shall not be required to incur any expense to ensure that any such existing copper loop remains capable of transmitting signals prior to receiving a request from CLEC for access , as set forth above, in which case Owest shall restore such copper loop to serviceable condition on an Individual Case Basis. Any such restoration shall not be subject to Performance Indicator Definition or other performance service measurement or intervals. Owest's obligations under this subsection shall terminate when Owest retires such copper Loop in accordance with the provisions of Section 3.3 below. In the event Owest, in accordance with the provisions of Section 3.3 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 FTTH/FTTC loop to a 64 kbps transmission path capable of voice grade service. Retirement of Copper Loops or Copper Subloops and Replacement with FTTH/FTTC Loops. In the event Owest decides to replace any copper loop or copper Subloop with a FTTH/FTTC Loop, Owest will: (i)provide notice of such planned replacement on its web site (www.qwestcom/disclosures); (ii) provide e-mail notice of such planned retirement to CLECs; and (Hi) provide public notice of such planned replacement to the FCC. Such notices shall be in addition to any applicable state Commission notification that may be required. Any such notice provided to the FCC shall be deemed approved on the ninetieth (90th) Day after the FCC's release of its public notice of the filing, unless an objection is filed pursuant to the FCC's rules. In accordance with the FCC's rules: (i) a CLEC objection to a Owest notice that it plans to replace any copper Loop or copper subloop with a FTTH/FTTC 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.6.4 Handling of embedded FTTH/FTTC Loops. All embedded CLEC services over FTTH/FTTC Loops in place prior to the signature on this Amendment will be 'grandfathered' subject to re-classification upon change of service. February 13, 2006/msd/ELIffRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 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. Broadband Services. When CLEC seeks access to a Hybrid Loop for the provision of broadband services , including DS1 or DS3 capacity, but not DSL, Owest shall provide CLEC with non-discriminatory access on an unbundled basis to time division multiplexing features , functions, and capabilities of that Hybrid Loop, only where impairment has been found to exist to establish a complete transmission path between Owest's Central Office and an End User Customer s premises. This access shall include access to all features , functions and capabilities of the Hybrid Loop that are not used to transmit packetized information. Narrowband Services. When CLEC seeks access to a Hybrid Loop for the provision of narrowband services , Owest may either: Provide non-discriminatory 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; or Provide nondiscriminatory access to a spare home-run copper loop serving that End User Customer on an unbundled basis. 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 premises. An accessible terminal is any point on the Loop where technicians can access the wire within the cable without removing a splice case to reach the wire within. Such points may include , but are not limited to, the pole, pedestal Network Interface Device, minimum point of entry, single point of Interconnection Remote Terminal , Feeder Distribution Interface (FDI), or Serving Area Interface (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 s 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 Unbundled Dark Fiber MTE Subloop which is addressed in Section 3. Owest'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 to construct a SPOI only when CLEC indicates that it intends to place an order for access to an unbundled Subloop Network Element via a spal. February 13, 2006/msd/ELI/TRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 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 Subloops used to access the network infrastructure within an MTE, unless CLEC requires the placement of equipment in a Owest 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. Failure To Convert Non-Impaired Services - Feeder Subloops. Absent CLEC Transition of Feeder SubLoop, within ninety (90) Days of Execution of this Amendment, Owest will convert facilities to month to month service arrangements in Owest's Special Access Tariff. CLEC is subject to back billing for the difference between the rates for the UNEs and rates for the Owest alternative service arrangements to the 91 st day. CLEC is also responsible for all non-recurring charges associated with such conversions. Line Sharing. Owest shall not be required to provide Line Sharing unless the Agreement has been amended with a Owest Commercial Line Sharing Amendment. 10 Shared Distribution Loop. Owest shall not be required to provide Shared Distribution Loop unless the Agreement has been amended with a Owest Commercial Shared Distribution Loop Amendment. Unbundled Dedicated Interoffice Transport (UDIT) Owest is not obligated to provide CLEC with unbundled access to dedicated transport that does not connect a pair of Owest Wire Centers. All transport services, when combined with high capacity Loops, are subject to the Service Eligibility Criteria as outlined in Section 2.9 of this Amendment. UDIT is available pursuant to CLEC's Agreement and the following terms and conditions. DS1 UDIT. Owest shall unbundle DS1 transport between any pair of Owest Wire Centers except where, through application of "Tier" classifications, as defined in Section 0 of this Amendment, both Wire Centers defining the Route are Tier 1 Wire Centers. As such, Owest must unbundle DS1 transport if a Wire Center at either end of a requested Route is not a Tier 1 Wire Center, or if neither is a Tier 1 Wire Center. CLEC may obtain a maximum of ten (10) unbundled DS1 dedicated transport circuits on each Route where DS1 dedicated transport is available on an unbundled basis. Transition period for DS1 transport circuits. For a twelve (12) month period beginning on the effective date of the Triennial Review Remand Order, any DS1 dedicated transport UNE that a CLEC leases from Owest as of that date, but which Owest is not obligated to unbundle pursuant to Sections 1 or 4., shall be available for lease from Owest at a rate equal to the February 13, 2006/msd/ELIfTRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 higher of (1) 115% of the rate the requesting carrier paid for the dedicated transport element on June 15, 2004 , or (2) 115% of the rate the state commission has established or establishes , if any, between June 16 , 2004, and the effective date of the Triennial Review Remand Order, for that dedicated transport element. Where Owest is not required to provide unbundled DS1 transport pursuant to Sections 4.1 or 4., CLEC may not obtain new DS1 transport as unbundled network elements. Owest and CLEC will work together to identify those circuits impacted between Non-Impaired Wire Centers. Billing. The 15% transitional rate increment will be applied to CLECs bill as a manual adjustment on the following bill cycle. The first bill adjustment will be applied to each account based on the BTN and/or CKT per BAN with an effective bill date of March 11 , 2005 on the first or second bill cycle following the contract execution date. DS3 UDIT - Owest shall unbundle DS3 transport between any pair of Owest Wire Centers except where, through application of "Tier" classifications, as defined in Section 0 of this Amendment, both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire Centers. As such , Owest must unbundle DS3 transport if a Wire Center on either end of a requested Route is a Tier 3 Wire Center. CLEC may obtain a maximum of twelve (12) unbundled DS3 dedicated transport circuits on each Route where DS3 dedicated transport is available on an unbundled basis. Transition period for DS3 transport circuits. For a twelve (12) month period beginning on the effective date of the Triennial Review Remand Order, any DS3 dedicated transport UNE that a CLEC leases from the Owest as of that date, but which the Owest is not obligated to unbundle pursuant to Sections 4.2 or 4., shall be available for lease from the Owest at a rate equal to the higher of (1) 115% of the rate the requesting carrier paid for the dedicated transport element on June 15, 2004, or (2) 115% of the rate the state commission has established or establishes, if any, between June 16, 2004, andthe effective date of the Triennial Review Remand Order, for that dedicated transport element. Where Owest is not required to provide unbundled DS3 transport pursuant to Sections 4.2 or 4., CLEC may not obtain new DS3 transport as unbundled network elements. Owest and CLEC will work together to identify those circuits impacted between Non-Impaired Wire Centers. Billing. The 15% transitional rate increment will be applied to CLECs bill as a manual adjustment on the following bill cycle. The first bill adjustment will be applied to each account based on the BTN and/or CKT per BAN with an effective bill date of March 11 , 2005 on the first or second bill cycle following the contract execution date. Owest shall make available to CLEC a list of those Non-Impaired Wire Centers that satisfy the above criteria and update that list as additional Wire Centers meet these criteria. February 13, 2006/msd/ELIfTRO-TRRO/ID Amendment to CDS-000612-0162 ATTACHMENT 1 Failure To Convert Non-Impaired Services - DS1 and DS3 UDIT. Absent CLEC transition of DS1 and DS3 Transport by March 10 , 2006, Owest will convert facilities to month to month service arrangements in Owest's Special Access Tariff and CLEC is subject to back billing for the difference between the rates for the UNEs and rates for the Owest alternative service arrangements to March 11 , 2006. CLEC is also responsible for all non-recurring charges associated with such conversions. Failure To Convert Non-Impaired Services - OCn UDIT. Absent CLEC transition of OCn Transport within ninety (90) days of Execution of this Amendment Owest will convert facilities to month to month service arrangements in Owest's Special Access Tariff and CLEC is subject to back billing for the difference between the rates for the UNEs and rates for the Owest alternative service arrangements to the 91 sl day. CLEC is also responsible for all non-recurring charges associated with such conversions. Failure To Convert Non-Impaired Services - DS1 and DS3 E-UDIT and M- UDIT. Absent CLEC transition of DS1 and DS3 E-UDIT and M-UDIT within ninety (90) days of Execution of this Amendment, Owest will convert facilities to month to month service arrangements in Owest's Special Access Tariff and CLEC is subject to back billing for the difference between the rates for the UNEs and rates for the Owest alternative service arrangements to the 91 st day. CLEC is also responsible for all non- recurring charges associated with such conversions. Unbundled Dark Fiber (UDF) IOF 1 Dedicated dark fiber transport shall be made available to CLEC on an unbundled basis as set forth in the Interconnection Agreement and as set forthbelow. Dark fiber transport consists of unactivated optical interoffice transmission facilities. Owest shall unbundle dark fiber transport between any pair of Owest Wire Centers except where, through application of "Tier classifications defined in Section 1.0 of this Amendment, both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire Centers. As such, Owest must unbundle dark fiber transport if a Wire Center on either end of a requested Route is a Tier 3 Wire Center. Transition period for dark fiber transport circuits. For an 18-month period beginning on the effective date of the Triennial Review Remand Order, any dark fiber dedicated transport UNE that a CLEC leases from Owest as of that date, but which Owest is not obligated to unbundle pursuant to Section 4., shall be available for lease from Owest at a rate equal to the higher of (1) 115% of the rate the requesting carrier paid for the dedicated transport element on June 15, 2004 , or (2) 115% of the rate the state commission has established or establishes, if any, between June 16, 2004, and the effective date of the Triennial Review Remand Order, for that dedicated transport element. Where Owest is not required to provide unbundled dark fiber transport pursuant to Section 4.CLEC may not obtain new dark fiber February 13 , 2006/msd/EUrrRO-TRRO/lD Amendment to CDS-OOO612-0162 ATTACHMENT 1 transport as unbundled network elements. Owest and CLEC will work together to identify those circuits impacted in Non-Impaired Wire Centers. Billing. The 15% transitional rate increment will be applied to CLECs bill as a manual adjustment on the following bill cycle. The first bill adjustment will be applied to each account based on the BTN and/or CKT per BAN with an effective bill date of March 11 , 2005 on the first or second bill cycle following the contract execution date. 1.7.1.4 Owest shall make available to CLEC a list of those Non- Impaired Wire Centers that satisfy the above criteria and update that list as additional Wire Centers meet these criteria. Failure To Convert Non-Impaired Services - UDF-IOF. Absent CLEC Transition of UDF, as of September 10, 2006, Owest will or maintains the right to, begin the disconnection process of CLEC Dark Fiber Facilities. Extended Unbundled Dark Fiber (E-UDF) and Meet Point billed Unbundled Dark Fiber (M-UDF) Transition Language. Upon the Execution Date of this Amendment CLEC will not place, and Owest will not accept, any ASRs for Extended Unbundled Dark Fiber (E-UDF) or M-UDF (Meet Point UDF). Owest account representatives will work with CLECs on a plan to convert any existing E-UDF or M-UDF to other alternative Owest products or services, if CLEC so desires. CLEC must convert these services by September 10 , 2006. Owest and CLEC will work together to identify those circuits impacted. Transition period for E-UDF and M-UDF transport circuits. For an 18-month period beginning on the effective date of the Triennial Review Remand Order, any dark fiber dedicated transport UNE that a CLEC leases from Owest as of that date, but which Owest is not obligated to unbundle, shall be available for lease from Owest at a rate equal to the higher of (1) 115% of the rate the requesting carrier paid for the dedicated transport element on June 15 2004, or (2) 115% of the rate the state commission has established or establishes, if any, between June 16, 2004, and the effective date of the Triennial Review Remand Order, for that dedicated transport element. Where Owest is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as unbundled network elements. Owest and CLEC will work together to identify those circuits impacted in Non-Impaired Wire Centers. Billing. The 15% transitional rate increment will be applied to CLECs bill as a manual adjustment on the following bill cycle. The first bill adjustment will be applied to each account based on the BTN and/or CKT per BAN with an effective bill date of March 11 , 2005 on the first or second bill cycle following the contract execution date. Failure To Convert Non-Impaired Networks Elements - UDF and M-UDF. Absent CLEC Transition E-UDF and M-UDF as of February 13, 2006/msd/ELIffRO-TRROIiD Amendment to CDS-OOO612-0162 ATTACHMENT 1 September 10 , 2006, Owest will begin or maintain the right to begin , disconnect process of Dark Fiber Facilities. Unbundled Local Switching Transition of Unbundled Local circuit Switching, including UNE-P Services DSO Capacity (Mass Market) Owest is not required to provide access to local circuit Switching on an unbundled basis to requesting telecommunications carriers for the purpose of serving end-user customers using DSO capacity loops. Each requesting telecommunications carrier shall migrate its embedded base of end-user customers off of the unbundled local circuit Switching element to an alternative arrangement within twelve (12) months of the effective date of the Triennial Review Remand Order. Notwithstanding Section 5., for a twelve (12) month period from the effective date of the Triennial Review Remand Order, Owest shall provide access to local circuit Switching on an unbundled basis for a requesting carrier to serve its embedded base of end-user customers. The price for unbundled local circuit Switching in combination with unbundled DSO capacity loops and shared transport obtained pursuant to this paragraph shall be the higher of: (A) the rate at which the requesting carrier obtained that combination of network elements on June 15, 2004 plus one dollar, or (B) the rate the state public utility commission establishes , if any, between June 16, 2004 , and the effective date of the Triennial Review Remand Order, for that combination of network elements , plus one dollar. CLEC may not obtain new local Switching as an unbundled network element. Owest and CLEC will work together to identify those impacted accounts.1.4 Owest shall provide a requesting telecommunications carrier with nondiscriminatory access to signaling, call-related databases, and shared transport facilities on an unbundled basis , in accordance with section 251 (c)(3) of the Act and this part, to the extent that local circuit Switching is required to be made available pursuant to Section 5.3. These elements are defined as follows: 1 .Signaling networks. Signaling networks include, but are not limited to, signaling links and signaling transfer points. 1 .1.4.Call-related databases. (1) Call-related databases include , but are not limited to the calling name database, 911 database, E911 database line information database toll free calling database advanced intelligent network databases, and downstream February 13, 2006/msd/ELIfTRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 number portability databases by means of physical access at the signaling transfer point linked to the unbundled databases. (2) Service management systems 1.4.Shared transport. Failure to Convert Non-Impaired Networks Elements - Mass Market Switching Mass Market Unbundled Switching - Stand Alone: Absent CLEC Transition by March 10 , 2006, Owest will disconnect any remaining services on or after this date. 2 UNE-P POTS & UNE-Centrex 21: Absent CLEC Transition by March 10, 2006, Owest will convert services to the equivalent Owest Local Exchange Business Measured Resale services g. Class of Service (COS) LMB. In the event Measured Services are unavailable , services will be converted to the equivalent Owest Local Exchange Business Resale services , e.g. COS 1 FB. CLEC is subject to back billing for the difference between the rates for the UNE-P and ratesfor the Owest Resale Service to March 11 , 2006. CLEC is also responsible for all non-recurring charges associated with such conversions. All other Mass Market UNE-P services , including UNE- Centrex Plus/Centron , UNE-P ISDN BRI , UNE-P PAL, UNE-P PBX: Absent CLEC Transition by March 10, 2006, Owest will convert services to the equivalent Owest Local Exchange Resale services. CLEC is subject to back billing for the difference between the rates for the UNEs and rates for the Owest alternative service arrangements to March 11 2006. CLEC is also responsible for all non-recurring charges associated with such conversions. 5.4 Any UNE-services with Line Splitting: Absent CLEC Transition by March 10, 2006, Owest will convert services as described above. Line Splitting will be removed from any UNE-P services with Line Splitting. Enterprise Switching. DS1 Capacity and above (Le.enterprise market) Owest is not required to provide access to local circuit Switching on an unbundled basis to requesting telecommunications carriers for the purpose of serving end-user customers using DS1 capacity and above loops. Transition for DS1 Capacity Unbundled Switching; including UNE-- Upon the Execution Date of this Amendment, CLEC will not place, and Owest will not accept, LSRs for Unbundled Local Switching at the DS1 or above capacity. Owest account representatives will work with CLEC on a plan to February 13, 2006/msd/ELlrrRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 convert any existing Unbundled Local Switching at the DS1 or above capacity to other available Owest products or services, if GLEG so desires. GLEG will submit complete, error-free LSRs to convert or disconnect any existing Unbundled Local Switching at the DS1 or above capacity with Due Dates within ninety (90) Days of the Execution Date of this Amendment. Failure to Convert DS1 Capacity Unbundled Switching: including UNE- Enterprise Unbundled Switching - Stand Alone: Absent CLEG Transition by the ninety-first (91 st) day or by March 10 , 2006 whichever is earlier, Owest will disconnect any remaining services on or after this date. Absent GLEG Transition pursuant to the timeline above in , Owest will convert services to the equivalent month to month Resale arrangements. GLEG is subject to back billing for the difference between the rates for the UNEs and rates for the Resale arrangement to the ninety-first (91 st) day. CLEC is also responsible for all non- recurring charges associated with such conversions. Signaling Networks Transition for Signaling Networks - Upon the Execution Date of this Amendment, GLEC will not place, and Owest will not accept, ASRs for Unbundled Signaling Network Elements. Owest account representatives will work with CLEC on a plan to convert any existing Unbundled Signaling Network Elements to other available Owest products or services. CLEC will submit complete, error-free ASRs to convert or disconnect any existing Unbundled Signaling Network Elements with Due Dates that are within ninety (90) Days of the Execution Date of this Amendment. Owest and GLEG will work together to identify those network elements. Failure to Convert Non-Impaired Network Elements - Signaling Networks. Absent CLEC Transition of Signaling Networks within ninety (90) days of the Execution Date of this Amendment , Owest will convert services to alternate arrangements. GLEC is subject to back billing for the difference between the rates for the UNEs and rates for the Owest alternative service arrangements to the 91 st day. GLEG is also responsible for all non- recurring charges associated with such conversions. Unbundled Network Element Combinations Enhanced Extended Loop (EEL) EEL is available pursuant to CLEC's Agreement, the relevant loop and transport terms and conditions of this amendment and the following terms and conditions. February 13, 2006/msd/ELIfTRO- TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 Service Eligibility Criteria as described in Section 2.9 will apply. Intentionally Left Blank. Intentionally Left Blank. ntentionally Left Blank. Transition for EEL - CLEC must verify that all embedded EEL meet the new Service Eligibility Criteria. Owest account representatives will work with CLEC on a plan to convert any non-compliant EEL to other service arrangements. Failure to Convert Non-Compliant EEL. Absent CLEC Transition of non-compliant EEL within ninety (90) days of the Execution Date of this Amendment, Owest will convert services to alternate arrangements. CLEC is subject to back billing for the difference between the rates for the UNEs and rates for the Owest alternative service arrangements to the 91 st day. CLEC is also responsible for all non-recurring charges associated with such conversions. Intentionally Left Blank Commingling 1 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: Non-telecommunications services; Enhanced or Information services; Network Elements offered pursuant to Section 271. 2 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' network demarcation (e., Collocation or multiplexing facilities) for each UNE, UNE Combination , or wholesale service when requesting Owest to perform the Commingling of such services. Owest shall not deny access to a UNE on the grounds that the UNE or UNE Combination shares part of Owest's network with Access Services. 3 When a UNE and service are commingled, the service interval for each facility being commingled will apply only as long as a unique provisioning process is not required for the UNE or service due to the commingling. Performance measurements and\or remedies are not applicable to the total commingled arrangement but do apply to February 13, 2006/msd/ELlrrRO-TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 each facility or service ordered within the commingled arrangement. Work performed by Owest to provide Commingled services that are not subject to standard provisioning intervals will not be subject to performance measures and remedies, if any, contained in this Agreement or elsewhere, by virtue of that service inclusion in a requested Commingled service arrangement. Provisioning intervals applicable to services included within a requested Commingled service arrangement will not begin to run until CLEC provides a complete and accurate service request, necessary CFAs to Owest, and Owest completes work required to perform the Commingling that is in addition to work required to provision the service as a stand-alone facility or service. 3.4 Owest will not combine or Commingle services or Network Elements that are offered by Owest pursuant to Section 271 of the Communications Act of 1934, as amended , with Unbundled Network Elements or combinations of Unbundled Network Elements. Services are available for Commingling only in the manner in which they are provided in Owest'applicable product Tariffs, catalogs price lists, or other Telecommunications Services offerings. Entrance Facilities and mid-span meet SPOI obtained pursuant to the Local Interconnection section of the Agreement are not available for Commingling. 7 CLEC may request Owest to commingle DS1 or DSO analog voice grade unbundled Loops with DS3 or DS1 multiplexed facilities ordered by CLEC from Owest's special access or private line Tariffs. Terms and conditions for this Commingled arrangement are provided in Section 6.2 of this Amendment. Ratcheting To the extent that CLEC requests Owest to commingle a UNE or a UNE Combination with one or more facilities or services that CLEC has obtained at wholesale from Owest pursuant to a method other than unbundling under Section 251 (c)(3) of the Act, Owest will not be required to bill that wholesale circuit at multiple rates, otherwise known as ratcheting. Such commingling will not affect the prices of UNEs or UNE Combinations involved. To the extent a multiplexed facility is included in a Commingled circuit then: (1) the multiplexed facility 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 multiplexed facility will be ordered and billed pursuant to the appropriate Tariff. Routine Network Modifications Owest shall make all routine network modifications to unbundled loop and transport facilities used by CLEC where the requested loop or transport facility has already been constructed. Owest shall perform these routine network modifications to unbundled loop or transport facilities in a nondiscriminatory fashion , without regard to whether the loop or transport facility being accessed was constructed on behalf, or in accordance with the specifications, of any carrier. February 13, 2006/msd/ELIffRO- TRRO/ID Amendment to CDS-OOO612-0162 ATTACHMENT 1 A routine network modification is an activity that the Owest regularly undertakes for its own customers. Routine network modifications include , but are not limited to, rearranging or splicing of cable; adding an equipment case; adding a doubler or repeater; adding a smart jack; installing a repeater shelf; adding a line card; deploying a new multiplexer or reconfiguring an existing multiplexer; and attaching electronic and other equipment that Owest ordinarily attaches to a DS1 loop to activate such loop for its own customer. They also include activities needed to enable CLEC to light a dark fiber transport facility. Routine network modifications may entail activities such as accessing manholes , deploying bucket trucks to reach aerial cable, and installing equipment casings. Routine network modifications do not include the installation of new aerial or buried cable for CLEC. February 13, 2006/msd/ELIffRO- TRRO/I D Amendment to CDS-OOO612-0162 TRO and TRRO Exhibit A Transition Rates Idaho ; ""'" .' , ~"'~Mu~~ -~" ' 0 Unbundled Network ElementslUNES1 Unbundled Looos Dinital Caoable LOODS 3.4 DS1 Transitional Rate 15% Incremental adjustment applies in addition to Monthly Rate for non-impaired wire centers, (effective 3/11/05 thru 3/10/06) 3.4,Zone 1 $12.97 3.4,Zone 2 $12,97 3.4,Zone 3 $14,99 3.4.4 DS3 Transitional Rate 15% Incremental adjustment applies in addition to Monthly Rate for non-impaired wire centers, (effective 3/11/05 thru 3/10/06) 3.4.4,Zone 1 $141.29 3.4,Zone 2 $143,26 3.4.4,Zone 3 $189,68 Private Line/ Special Access to Unbundled LOOD Conversion (as is)$34, Unbundled Dedicated Interoffice Transoort IUDI n DS1 UDIT Transitional Rate 15% Incremental adjustment between non-impaired wire centers, in addition to Monthly Rates. (Effective 3/11/05 thru 3/10/06) Over 0 to 8 Miles $5.46 $0.48 Over 8 to 25 Miles $5,$0.48 Over 25 to 50 Miles $5,$0, 5.4 Over 50 Miles $5,$0, DS3 UDIT Transitional Rate 15% Incremental adjustment between non-impaired wire centers, in addition to Monthly Rates (Effective 3/11/05 thru 3/10/06) Over 0 to 8 Miles $35,$8, Over 8 to 25 Miles $36,$2, Over 25 to 50 Miles $33,$3, Over 50 Miles $35,$2. Private Line / Special Access to UDIT Conversion (as is)$131.19 Unbundled Dark Fiber UDF UDF - SinGle Strand 7.4,UDF-iOF - Single Strand Transitional Rate 15% Incremental adjustment between non-impaired wire centers, in addition to Monthly Rates (Effective 3/11/05 thru 9/10/06) 7.4,Fiber Transport, per Strand / Mile $7, 7.4,Termination, Fixed, per Strand / Office / Termination $0, 7.4,Fiber Cross-Connect, Der Strand / Office $0, 7.4,UDF - Loop - Single Strand Transitional Rate for all wire centers (Effective 3/11/05 thru 9/10/06) 7.4,Fiber Looo, Der Strand / Route $102, 7.4,2.4 Termination, Fixed, per Strand / Office $5, 7.4,Termination, Fixed, per Strand / Premise $4, 7.4,Fiber Cross-Connect. Der Strand Office $3, UDF - Der Pair UDF-iOF - Per Pair Transitionai Rate 15% incremental adjustment between non- impaired wire centers, in addition to Monthly Rates (Effective 3/11/05 thru 9/10/06) Fiber Transport, per Pair / Mile $9, Termination, Fixed, per Pair / Office / Termination $1, Fiber Cross-Connect, Der Pair / Office $0, UDF - Loop - Per Pair Transitional Rate for all wire centers (Effective 3/11/05 thru 9/10/06) Fiber Looo, oer Route / oer Pair $151, 2.4 Termination, Fixed, per Pair / Office $8. Termination, Fixed, per Pair / Premise $7, Fiber Cross-Connect, per Pair / Office $4, Qwest IdahoTRO TRRO Amendment Exhibit A Second Amended October 14, 2005 Page10f3 TRO and TRRO Exhibit A Transition Rates Idaho " ""':"""'",::'" "'" , Recurring.jI8f . . eciJ . : i;'~":Mile ::;8';1; Local Switchino 11,Ports 11, 11,1.2 11. 11,1.4 UDF MTE Subloon 1GB Analog Line Side Port Transitional Rate (REC rates effective 3/11/05 thru 3/10/06) 11, 11, First Port Each Additional Port $2, $2, Digital Line Side Port Transitional Rate (Supporting BRIISDN) (REC rates effective 3/11/05 thru 3/10/06) $13, Diaital Trunk Ports 11.PBX DID Trunk Port, per DS1 Transitional Rate (REC rate effective 3/11/05thru3/10/06)$3.43 DSO Analog Trunk Port Transitional Rate (REC rates effective 3/11/05 thru 3/10/06) 11,1.4,First Port 11,1.4,Each Additional Port $15, $15, UNE Combinations 9.23,Enhanced Extended Looo IEEU 23,EEL DS1 23, 23,7.4 23. 23, NOTES: DS1 Transitional Rate 15% Incremental adjustment applies in addition to Monthly Rate for non-impaired wire centers, (effective 3/11/05 thru 3/10/06) 23,Zone 1 23,Zone 2 23,Zone 3 $12, $12, $14, EEL DS3 23,7.4,DS3 Transitional Rate 15% Incremental adjustment applies in addition to Monthly Rate for non-impaired wire centers, (effective 3/11/05 thru 3/10/06) 23,7.4.Zone 1 23,7.4.Zone 2 23,7.4.Zone 3 $141, $143, $189, Private Line snecial Access to EEL Conversion (as is) EEL Transoort 23.DSHransitional Rate 15% Incremental adjustment between non- impaired wire centers, in addition to Monthly Rates, (Effective 3/11/05 thru 3/10/06) 23,Over 0 to 8 Miles 23,5.2 Over 3 to 25 Mil~s 23,Over 25 to 50 Miles 23,5.4 Over 50 Miles $5.46 $5, $5, $5, $0.48 $0.48 $0, $0, 23,DS3 Transitional Rate 15% Incrementai adjustment between non- impaired wire centers, in addition to Monthly Rates, (Effective 3/11/05 thru 3/10/06) 23,Over 0 to 8 Miles 23,Over 8 to 25 Miles 23,Over 25 to 50 Miles 23,5.4 Over 50 Miles $35, $36, $33, $35, $8, $2, $3, $2, B Cost Docket QWE-T -01-, Order No, 29408 (January 5. 2004) rates effective January 5, 2004, . Transitional Rate Increment calculated using 15% of the existing rate, per CC Docket Nos, 01-338 & 04-313 Order on Remand (released 2/4/05), effective3111/05 "* Rate includes 15% increase authorized in CC Docket Nos, 01-338 & 04-313 Order on Remand (released 2/4/05), effective 3111/05 ."* Rate includes $1,00 per Port increase authorized in CC Docket Nos, 01-338 & 04-313 Order on Remand (released 2/4/05), effective 3111/05 (1) TELRIC rates proposed in Cost Docket QWE-1-O1-11 testimony filed on November 12, 2003, The case was bifurcated and the rates using this footnote areproposed in Phase 2 of the cost docket. Qwest IdahoTRO TRRO Amendment Exhibit A Second Amended October 14, 2005 r~; .':',..:~,;~'\. 1GB *"**"**"**"**"**"* $34, Page 2 of 3 TRO and TRRO Exhibit A Transition Rates Idaho lit! Owes! IdahoTRO TRRO Amendment Exhibit A Second Amended October 14, 2005 Page 3 of3