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HomeMy WebLinkAbout20030625Amendment.pdfO! ~io STOEL ~~, F~ECEIVEO ILEO .""n 101 S. Capitol Boulevard, Suite 1900 Boise, Idaho 83702 main 208.389.9000 fax 208,389,90402003 JUN 24 PM 3: www,sLoel.com ATTORNEYS AT LAW l~, ~ j Ul, ,-_ ,c; UTiliTIES COriM!SSION June 24, 2003 MARYS, HOBSON Direct (208) 387-4277 mshobson(!j)stoel,com VIA HAND DELIVERY Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83720-0074 Re:Case No. USW-97- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation and AT&T Wireless Inc. is an original of the Application for Approval of Amendment to the Interconnection Agreement. The parties respectfully request that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please contact me if you have any questions concerning the enclosed. Thank you for your assistance in this matter. Very truly yours :!fs~ t-/r7-- :blg Enclosure Oregon Washington California Boise-158656,10029164-00016 Utah Idaho Mary S. Hobson (ISB# 2142) Stoel Rives LLP 101 South Capitol Boulevard - Suite 1900 Boise, ill 83702 Telephone: (208) 389-9000 Facsimile: (208) 389-9040 mshobson~stoel.com ,...'- (' ,- ' :\Lvt:.i r:iLFD ,--. 1.-, ZO03 JUN 24 PM 3: 57 j,),; ;' ' i"U",LiC UTiliTIES Cm1MISSIOH Jill Mounsey Director of Enterprise Support - Wireless Network AT&T Wireless, Inc. 7277 164th Avenue Redmond, W A 98052 Telephone: (425) 580-8677 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION JOINT APPLICATION OF QWEST CORPORATION AND AT&T WIRELESS FOR APPROVAL OF AN AMENDMENT TO AN INTERCONNECTION AGREEMENT PURSUANT TO 47 US.C. 9252(e) CASE NO.: USW-97- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") and AT&T Wireless ("AT&T") hereby jointly file this Application for Approval of Amendment to the Interconnection Agreement ("Amendment" which was approved by the Idaho Public Utilities Commission on June 24, 1997 (the Agreement"). A copy of the Amendment is submitted herewith. This Amendment was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act" Section 252(e)(2) of the Act directs that a state Commission may reject an amendment reached through voluntary negotiations only if the Commission finds that: the amendment (or portiones) thereof) discriminates against a telecommunications carrier not a party to this agreement; or the implementation of such an amendment (or portion) is not consistent with the public interest, convenience and necessity. AT &T and Qwest respectfully submit this Amendment provides no basis for either these findings, and, therefore jointly request that the Commission approve this Amendment APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 Boise-158654.l 0029164-00016 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 AT&T to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. AT &T 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 ~JI.E.ay of June, 2003. Qwest Corporation ::x~~ Stoel Rives LLP, Attorneys for Qwest and Jill Mounsey AT &T Wireless, Inc. APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Boise-158654.l 0029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this day of June, 2003 , I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83720-0074 iiewell~puc.state.id. Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Jill Mounsey Director of Enterprise Support - Wireless Network AT &T Wireless, Inc. 7277 164th Avenue NE Redmond, W A 98052 Telephone: (425) 580-8677 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email John Love Qwest Communications International Inc. 7800 East Orchard Road - Suite 250 Englewood, CO 80111 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-158654.10029164-00016 Amendment (Collocation) to Type 2 Wireless Interconnection Agreement Between Qwest Corporation And AT&T Wireless Services, Inc. For the State of Idaho This Amendment is made and entered into by and between Qwest Corporation flk/a! U S WEST Communications, Inc. ("Qwest") and AT&T Wireless Services, Inc. ("AWS"). Qwest and AWS shall be known as the "Parties RECITALS AWS and Qwest entered into a Type 2 Wireless Interconnection Agreement that was approved by the Idaho Public Utilities Commission ("Commission ) on June 24 , 1997 (the "Underlying Agreement"); and WHEREAS, AWS and Qwest entered into the aforementioned Agreement ("Agreement") which was approved by the appropriate state Commission ("Commission ); and WHEREAS, AWS and Qwest desire to amend the Agreement to provide terms for Collocations; and WHEREAS, The Agreement may be amended in accordance with the provisions of Section 13. NOW THEREFORE, AWS and Qwest agree as follows: The following terms and conditions are added for the provision of Collocation: AGREEMENT NOW, THEREFORE, in consideration of the mutual terms, cqyenants , and conditions contained in this Amendment and other good and valuable consideration the receipt and sufficiency ofwhich is hereby acknowledged, the Parties agree as follows: Section - DEFINITIONS Collocation - Point of Interconnection" or "POI" is the point outside Qwest's Wire Centerwhere CLEC's fiber facility meets Qwest's Fiber Entrance Facility, except where CLEC uses an Express Fiber Entrance Facility. In either case , Qwest will , extend or run the Fiber Entrance Facility to CLEC's Collocation Space. Day" means calendar days unless otherwise specified. Demarcation Point" means the point where Qwest owned or controlled facilities cease, and CLEC, End User Customer, premises owner or landlord ownership or control of facilities begin. Due Date" means the specific date on which the requested s\3rvice is to be available to theCLEC or to CLEC's End User Customer, as applicable. Firm Order Confirmation" or "FOC" means the notice Qwest provides to CLEC to confirm that Amendment to DEN-970311-4414 , , the CLEC Local Service Order (LSR) has been received and has been successfully processed. The FOC confirms the schedule of dates committed to by Qvvest for the Provisioning of theservice requested. Premises" refers to Qwest's Central Offices and Serving Wire Centers; all buildings or similar structures owned , leased, or otherwise controlled by Qwest that house its network facilities; all structures that house Qwest facilities on public rights-of-way, including but not limited to vaults containing Loop Concentrators or similar structures; and all land owned , leased , or otherwise controlled by Qwest that is adjacent to these Central Offices , Wire Centers, buildings and structures. Product Catalog" or "PCA T" is a Qwest document that provides information needed to request services available under this Agreement. Qwest agrees thatGLEC shall not be held to the requirements of the PCA T. The PCA is available on Qwest's Web site: http://www.qwest.com/wholesale/pcaUwireless. htm Ready for Service" or "RFS" - A Collocation job is considered to be Ready for Service when Qwest has completed all operational work in accordance with GLEC Application and makes functional space available to CLEC. Such work includes, but is not necessarily limited to: DC power (fuses available, Battery Distribution Fuse Board (BDFB) is powered, and cables between CLEC and power are terminated), cage enclosures, primary AC outlet, cable racking,and circuit terminations (e., fiber jumpers are placed be,tween the outside plant fiber distribution panel and the Central Office fiber distribution panel'serving CLEC) and APOT/CFA are complete , telephone service, and other services and facilities ordered by CLEC for Provisioning by the RFS date. Technically Feasible" Interconnection , access to Unbundled'f';-Jetwork Elements , Collocation and other methods of achieving Interconnection or access to u~pundled Network Elements at a point in the network shall be deemed Technically Feasible ,~RSelJt technical or operationalconcerns that prevent the fulfillment of a request by a TeJec:Qmmunications Carrier for such Interconnection , access, or methods. A determination of technical feasibility does not include consideration of economic, accounting, Billing, space, or site concerns, except that space and site concerns may be considered in circumstances where tber~ is no possibility of expanding the space available. The fact that an incumbent LEC mustrnodify its facilities or equipment to respond to such request does not determine whether satisfying such request is Technically Feasible. An incumbent LEC that claims that it cannot satisfy such request because of adverse network reliability impacts must prove to the Commission by clear and convincing evidence that such Interconnection, access, or methods would result in specific and significant adversenetwork reliability impacts. Unbundled Network Element" is a Network Element that has been defined by the FCC or the Commission as a Network Element to which Qwest is obligated to provide unbundled access , orfor which unbundled access is provided under this Agreement. , . : ' Insurance " ., Each Party shall at all times during the term of this Agreement, at its own cost andexpense, carry and maintain the insurance coverage listed below with insurers having a "Best'rating of A-VII with respect to liability arising from that Party s oPE3rations for which that Party hasassumed legal responsibility in this Agreement. ' ' ' 1 Workers' Compensation with statuto;rylimits as required in the state ofoperation and Employers' Liability insurance with limits6f not less than $100 000 eachaccident. . ,, " Amendment to DEN-970311-4414 Commercial General Liability insurance covering claims for bodily injury, death , personal injury or property damage occurring or arising out of the use or occupancy of the premises , including coverage for in~ependent contractor s protection (required if any work will be subcontracted), premises-operations, products and/or completed operations and contractual liability with respect to the liability assumed by each Party hereunder. The limits of insurance shall not be less than $1 000 000 each occurrence and $2 000 000 general aggregate limit. Business automobile liability insurance covering the ownership, operation and maintenance of all owned, non-owned and hired motor vehicles with limits of not less than $1 000 000 per occurrence for bodilyinju,y ,and property damage.1.4 Umbrella/Excess Liability insurance in an amount of $10 000 000 excess of Commercial General Liability insurance specified above. These limits may be obtained through any combination of primary and excess or umbrella liability insurance so long as the total limit is $11 000 000. ,~. " 5 "All Risk" Property coverage on a full replacement cost basis insuring all of CLEC personal property situated on or within the Premises. Each Party will initially provide certificate(s).ofinsurance evidencing coverage and thereafter will provide such certificates upon policy rene~~1. Such certificates shall (1)name the other Party as , an additional insured under comm~r~ial general liability coverage; (2) provide thirty (30) calendar Days prior written notice of c~n~~lIation of, material change or exclusions in the policy(s) to which certificate(s) relate; (3) indicate that coverage is primary and not excess of, or contributory with , any other valid and collectible insurance purchased by the other Party; and (4) acknowledge severability of interest/cross li~bility coverage. Section 3.0 - COLLOCATION Description Collocation allows for the placing of equip htby CLEC at Qwest's Premiseswhere Technically Feasible , that is necessary for accessing l.)nbundled Network Elements(UNEs), ancillary servic~s or Interconnection. Collocationinciud~s the leasing to CLEC ofphysical space in Qwest Premises, as well as the resources Q~cessary for the operation and economical use of collocated equipment, such as the u eby CLEC of power; heating,ventilation and air conditioning (HVAC); and cabling in Qwest's Premises. Collocation also allows CLEC to access Interconnection Distribution Frames (IGPF) for the purpose of accessing and combining Unbundled Network Elements and accessin!:f:ancillary services. There arecurrently eight (8) standard types of Collocation available pursuant to this Agreement - VirtualCaged Physical, Shared Caged Physical , Cage less PhYj)ical, Interconnection DistributionFrame, Adjacent Collocation Common Area Splitter Collocation, and Remote Collocation.Other types of Collocation may be requested through the BFR' process. In addition , whereQwest may offer a new form of Collocation, CLEC may order that form as soon as it becomes available and under the terms and conditions pursuant to whicb,Qwest offers it. The terms andconditions of any such offering by Qwest shall conform as nearly as circumstances allow to the terms and conditions of this Agreement. Nothing in this AgreelTlent shall be construed aslimiting the ability to retroactively apply any changes to such terms and conditions as may be negotiated by the Parties or ordered by the state Commission or any other competent authority. Virtual Collocation -- A Virtual Collocation arrangement requires CLEC to purchase and deliver to Qwest CLEC's own equipment for Qwest to install , repair, andmaintain in Qwest's Premises. CLEC does not ha'iie physical access to its virtuallycollocated equipment in the Qwest Premises. AmendmenttoDEN-970311-4414 , , Caged Physical Collocation -- allowsQ~EC to lease caged floor space for placement of its equipment within Qwest's Premises for the purpose interconnecting with Qwest Finished Services or accessing unbundled elements. CLEC is responsible for the procurement, installation and ,on-going maintenance of its equipment as well as the cross connections required within the cage. Cage less Physical Collocation -- is a noh-caged area within a QwestPremises. In Wire Centers, space will be made;,iavailable in single frame bay increments. In Wire Centers , the current minimum square footage is nine (9) square feet per bay, however, if smaller bays are or become, available, Qwest will reduce the minimum square footage accordingly. Space will be provided utilizing industry standard equipment bay configurations in which CLEC can place and maintain its own equipment. CLEC is responsible for the procurement, installation,and on-going maintenance of its equipment as well as the cross connections required within CLEC's leased Collocationspace. CLEC may elect to share its Cage less ColiacatiQI:1 space (e.g. sublease a shelf to another CLEC), however, the CLEC of record is solely responsible for ordering, Provisioning, repairing, maintaining, and Billing for equipment, cross-connects, and services in its Collocation space.1.4 Shared Caged Physical Collocation -- allows two (2) or more CLECs to share or sublease a single Collocation enclosure. Under Shared Physical Collocation one (1) CLEC obtains a Caged Physical Collocation arrangement from Qwest pursuant to this Agreement or an approved Interconnection ~i~ireement, and another CLEC pursuant to the terms of its Agreement or approved'lh~erconnection agreement, may share use of that space, in accordance to terms and conditions of a sublease agreement between the two (2) CLECs. Shared Collocation may' ~I~:O be established through joint Application by CLECs in which Qwest will have a separate 'Billing relationship with each applicant and will look to each collocating CLEC for pa,y(1lemt of its proportionate share of the charges relating to the Collocation space. Qwest)'1!ill , prorate the charge for site conditioning and preparation undertaken by Qwest ,t~):~9nstruct the shared Collocationcage or condition the space for Collocation use, regardless of how many Carriers actually collocate in that cage, by determining the to~ar,charge for site preparation andallocating that charge to a collocating CLEC (andbiUeq directly to each such CLEC) based on the percentage of the total space utilized by !~~t CLEC as per the Collocation Application. Qwest shall not place unreasonable -r~~trictions on CLEC's use of a Collocation cage, such as limiting CLEC's ability to contract with other CLECs to share CLEC's Collocation cage in a sublease-type arrangement In addition , if two (2) or more CLECs who have Interconnection agreements with Owest utilize a shared Collocation arrangement , Qwest shall permit each CLEC to order UNEs to and provision service from that shared Collocation space, regardless of which CLEC was the original collocator, directly from Qwest. Qwest shall make Shared Collocation space available in single-bay increments or their equivalent. ; " Interconnection Distribution Frame (ICDffColiocation -- is offered for the purpose of facilitating CLEC's combining of UnbundledN,etwork Elements and ancillary services. UnderlCDF Collocation, CLEC need not collocate equipment in the Qwest Wire Center. With ICDF Collocation, CLEC will have access to the Qwest Wire Center and an ICDF to combine UNEs and ancillary services.)he ICDF connects through tie cables to various points within the Wire Center (e.MDF, COSMICTM or DSX, etc. providing CLEC with access to UNEs and ancillary se~f~~s. " , The ICDF is a distribution frame:~hared by multiple providers. If CLEC desires a dedicated distribution fram~!for the purpose of facilitating CLEC's combination of UNEs and ancillary se'wr6es , CLEC may do so through the placement of a GLEe-owned cross conhec~ion device collocated in the Amendment to DEN-970311-4414 , . Qwest Wire Center through either Caged or O~g~le~S Physical Collocation. Adjacent Collocation - is available intho,se instances where space is legitimately exhausted in a particular Qwest Premises to accommodate Physical Collocation. Qwest shall make space available in adjacent controlled environmental vaults, controlled environmental huts , or similar structures to the extent Technically Feasible. Qwest shall permit CLEC to construct or otherwise procure such an adjacent structure on property owned , leased or otherwise controlled by Qwest, subject only to applicable OSHA, EPA, federal , state, and local safety and maintenance requirements. Such adjacent structure shall be in accordance with Qwest's design and space planning for the site. CLEC may propose the design for the adjaGent structure, subject to Qwest's approval, which approval may not be unreasonably withheld or delayed. Qwest must provide power and physical Collocation services and facilities, subject to the same nondiscrimination requirements as applicable to any ,other physical Collocation arrangement. Qwest must permit CLEC to place its own-equipment, including, but not limited to, copper cables, coaxial cables , fiber cables, and Telecommunications Equipment, in adjacent facilities constructed by Qwest, byCLEC itself, or a third party. , ' Common Area Splitter Collocation - SeeSection 9.4 for a description. Remote Collocation - allows CLEC toc;ollocate equipment in or adjacent to a Qwest Remote Premises. The terms for Remote J;Ollocation are set forth more fullyin Section 3.7 and 3.4.6. ' With respect to Cross Conf!~9iions for access to Subloop elements in multi-tenant environments (MTE) a,ppfield connection points (FCP), the provisions concerning Subloop access andiHtervals are contained in Section 3. This type of access and Cross Connection is not Collocation. Terms and Conditions Terms and Conditions - All Collocation Qwest shall provide Collocation on ratesrterrns and conditions that are just, reasonable and non-discriminatory. In addition , Qwest shall provide Collocation in accordance with all applicable federal and state laws. "'o Collocation of Switching Equipment.' '. CLEC may collocate any~~~:~;t that is necessary for Interconnection ~~,access to Unbundled Network Digital Subscriber Line Access 'Multiplexers (DSLAMS) alwaysmeet this legal standard. " Asynchronous Transfer Mode (ATM) or packet switching also meets this legal standard when used for Interconn~ction or access to Unbundled Network Elements for purposes of providing adyanced services such as xDSL. Equipment used predominantly to support DSLAMs and A TMs , such as routers and concentrators , as well as testing and netWork. management equipment alsomeet this legal standard. Before any equipment that includes switching functionality is installed , CLEC must provide a written inventory to Qwest of allswitching equipment and how it will be used for Interconnection or access to Unbundleq Network Elements. Once CLECestablishes that it will use a certain type of equipment for Interconnection or access to Unbundled Network Elements Qwest will allow future Collocations of simil~r;.~quipmeht without requesting a AmendmenttoDEN-970311-4414 5 ';"'o';- written justification unless and until Qwest can ,establish to the state Commission that such equipment is not intended for Interconnection or access to Unbundled Network Elements. However, Qwest will cornpletethe Collocation within the appropriate interval unless granted relief by the Cqmmission. Remote Switching Units (RSUs) also meet this legal standard when used for Interconnection or access to Unbundled Network Elements for purposes of providing local Exchange Service Int~rconnection.2.4 Except as provided for in Sections 3.1.2.1 through 3. above, CLEC may not collocate equipment, that is not necessary for Interconnection or access to Unbundled Network Elements. CLEC must identify what transmission apd cross connection equipment will be installed and the vendor technical specification~ Qt~uch equipment so that Qwest may verify the appropriate power, floor loading, heatrelease , environmental particulate level , HVAC, and tie cables to CLEC-provided CrossCol.lriection device.1.4 Demarcation points for Unbundled Network Elements (UNEs) and ancillary services. The Demarcation Point for Unbundled Network Elements and ancillary services is that physical point where Qwest shall terminate its Unbundled Network Elements and ancillary services for access by CLEC. There are two (2) standard Demarcation Points where Unbundled Network Elements and ancillary services may be delivered to CLEC. CLEC shall specify its q~gice of standard Demarcation Points for its access to UNEs and ancillary services. priei'available Demarcation Point is at CLEC-provided cross connection equipment in CLEC's Physical or Virtual Collocationspace. Alternatively, the Demarcation Point can be at an Interconnection Distribution Frame (ICDF) or may be established at a location jointly'pgreed to by CLEC and Qwest. To the extent CLEC selects a Demarcation Point outside, of its collocated space, CLEC shall provide and Qwest shall install the tie cables fro in 'dLEC's collocated equipment to the Demarcation Point. Alternatively, Qwest shall proyiqe and install these tie cables, at CLEC's expense. Qwest will provide a connection be~e~~' Unbundled Network Elements and ancillary services and a Demarcation Point. Such (:c;mnection is an Interconnection Tie Pair (ITP). The Demarcation Point shall be: . ' ".' ",, , '" ' a) at CLEC-provided Cross Connection e,quipment located in CLEC's Virtual or Physical Collocation space; or b) if CLEC elects to use ICDF Collocation , anhe Interconnection Distribution Frame (ICDF); orc) if CLEC elects to use an ICDF in association with Virtual or Physical Collocation , at the ICDF; ! , d) at a direct connection point of terrTIinatiC?n as described in Section 11.2; or , " at another Demarcation Point mutually-a~~eed to by the Parties. CLEC may purchase Qwest's finishecfPrivate Line or Switched Access Services via applicable Tariff terms and conditions. These services will be terminated atthe Demarcation Point. For Caged and Cage less PhysicalC'811ocation and Virtual Collocation Amendmentto DEN-970311-4414 6 ' . ' " """. 'f- CLEC must lease space for the placement of CLE:C's equipment within Qwest's Premises. Qwest will provide the structure that is nece$sary in support of Collocation including physical space, a cage (for Caged Phy!)ical Collocation), required cabling between equipment and other associated hardware. ' . All equipment shall meet and be installed in accordance with Network Equipment Building System (NEBS) Level 1 safety st~ndards. Qwest shall provide standard Premises alarming pursuant to Qwest TechnIcal Publication 77385. Qwest shall not impose safety or engineering requirements on CLEC that are more stringent than the safety or engineering requirements Qwest imposes on its own equipment located on its Premises. Space Availability Report -- Upon reque~t by CLEC , Qwest will submit to a requesting CLEC within ten (10) calendar Days of CLEC's request, a report for each requested Premises, that includes: available Collocation space in a particular Qwest Premises; number of collocators; : ~, any modifications in the use of the space since the last report; d) measures that Qwest is taking to m~~~:additional space available forCollocation; " Whether sufficient power is available to meet the specific CLEC request; Number of CLECs in queue at the Prerrii~es, if any; and Whether the Wire Center is equipped witfrb's3 capability. h) The number and description of Qwest and its Affiliates and CLEC reservations of space. A Space Availability Report Chart;)ein Exhibit A will apply to each Space Availability Report requested bY'CLEC and shall apply on per Premises basis. Inventory Report - Remote'Premises. The locations of the Remote Premises (e., Feeder Distribution Interfaces , " FDI") and the Customer addresses served by each Remote Premises are available to CLECs through the Raw Loop Data Tool. Remote Premises with Digital Loop Carrier and Pair Gain equipment will be provided on the web site in the 'ICONN database. (ICONN is available through the Qwest web site located athttp:/Ivvww.qwestcom/iconn.). IfCLEC is unable to determine the information it seeks regarding Remote Premises after using such database tools, Qwestwill provide CLEC with a report that contains the information. The Parties agree that a charge may apply to such report, based on time and material , unless the database information is inaccurate or unusable for the Remote Premises then nO c;harge would apply. In additionCLEC can request a copy of Qwest's distribution area map associated with the Remote Premises, with a charge for time and material.10 Collocation is offered on a first-come , first-served basis. Requests for Collocation may be denied due to the legitimate lack of sufficient space in a QwestPremises for placement of CLEC's equipment If Qwest determines that the amount ofspace requested by CLEC for Caged Physical Colloca~i9n is not available, but a lesser Amendment to DEN-970311-4414 : "~ amount of space is available, that lesser amount of space will be offered to CLEC for Caged Physical Collocation. Alternatively, CLEC will be offered Cage less Physical Collocation (single frame bay increments), or Virtual Collocation as an alternative to Caged Physical Collocation. In the event the original Collbcation request is not available due to lack of sufficient space, and CLEC did not specify an alternative form of Collocation on the original order form, CLEC will be required to submit a new order for CLEC's preferred alternative Collocation arrangement. , If CLEC identifies alternate choices for Collocation on its original Collocation reqIJest, Owest will determine the feasibility of the next preferred option in the event CLEq's first choice is not available. To the extent possible, Owest shall make contiguous $pace available to CLEC when it seeks to expand its existing Collocation space. Where adjoining space is not available Owest will engineer a route for CLEC to provide faCilrties between the non-adjoining CLEC Collocation spaces as part of the Collocation order. When planning renovations of existing facilities or constructing or leasing new facilities, Owest shall take into account projected demand for Collocation of equipment. ' 10.Space Denial Queue - Owes! will maintain a list of denied Collocation requests, in order of the date of receipt '(Space Denial Queue), for each Premises where Owest has exhausted Collocation space. A separate queue will be maintained for each Premises. when space becomes available in a Premises in which a queue has developed, Owest will inform CLECs in the queue that space for Collocation has become available. If there is insufficient space to accommodate all CLECs in queue, Owes! shall notify CLECs of the availability of space in accordance with CLEC's position in the queue. CLEC must respond within ten (10) calendar Days of receipt of notification from Owest with a new Collocation Application. If CLEC 'does pot provide a Collocation Application within ten (10) calendar Days of receipt of notification , or if CLECresponds that it no longer requires the Collocation space CLEC shall be removed from the queue and the available space shall be offered to the next CLEC in the queue. If the space made available/to -a CLEC in the queue is not sufficient to meet such CLEC's needs , such GLEC may deny the space that becomes available and keep its position in thequ~ue.11 If Qwest denies a request for Collocationina Owest Premises due to space limitations, Owest shall allow CLEC representativ.esto tour the entire Premises escorted by Owest personnel within ten (10) calendar bays of CLEC's receipt of the denial of space, or a mutually agreed upon date.Owest will review the detailed floor plans for the Premises with CLEC during the tour, inqluding Qwest reserved or optioned space. Such tour shall be without charge to CLEC. .Ifif after the tour of the Premises Qwest and CLEC disagree about whether space limlt,citions at the Premises make Collocation impractical, Owest and CLEC may present their arguments to the Commission. In addition, if after the fact, it is determined that Owest has incorrectly identified the space limitations, Qwest will honor the origjnalColiocation Application date for determining RFS unless both Parties agree to a revised date.12 Qwest shall submit to the Commission , . subject to any protective order as the Commission may deem necessary, detailed floor plans or diagrams of any Premises where Owest claims that Physical Collocation is ,not' practical because of spacelimitations. .~, ., 13 Qwest will maintain a publicly availableap~ument, posted for viewing on the Internet, (http://www.qwest.com/wholesale/notices/co)lo/spaceAvail.htmI) indicating all Premises that are full, and will update this documen~ within ten (10) calendar Days ofthe date at which a Premises runs out of physical space"and will update the document within ten (10) calendar Days of the date that space b~~o~es available. In addition , the , ,, ", 8 ' ", ,, Amendment to DEN-970311-4414 i." publicly available document shall include , based on infOrmation Qwest develops through the Space Availability Report process, the Reservatiorirprocess, or the Feasibility Study Process: ?): Number of CLECs in queue at the Premises, if any; Premises that have not been equipped with DS3 capability;c) Estimated date for completion of power,equipment additions that will lift the restriction of Collocation at the Premises; d) Address of the Remote Premises that have been inventoried for Remote Collocation , and if the Remote Premises cannot accommodate Collocation. Notwithstanding the foregoing, the Qwest web site ,will list and update within the ten (10) day period , all Wire Centers that are full, whether or not there has been a CLEC requested Space Availability Report. \ Reclamation and Reconditioning of Space 14.Reclamation of Space -- Redamation of space is performed by Qwest removing unused, obsolete Qwest, equipment to make space for equipment use. The cost of removal of the o~sQ:liMe unused equipment shall beborne by Owest. T' i:' 14.If CLEC issues a "forecast or reservation for Collocation, Qwest shall use its best judgement to determine whether it would be appropriate to reclaim spac~ and or equipment to meet expected Collocation requirements. '" 14.If CLEC issues a C6l1ocl:ition Application and unused obsolete equipment must be removed to provide the requested Collocation, Qwest will affirmatively, remove such unused, obsolete equipment as necessary to fulfill the 'Collocation request within the applicable interval set forth in section 3,4; 14.Reconditioning of Space -Reconditioning of space is the remodeling of space for equipment use , sudi!, but not limited to , adding HVAC. The Collocation feasibility study will identify whether reconditioning of space is available and necessary to meet .Cp~C needs for Collocation. If requested by CLEC, Qwest will assess the cost of such reconditioning, provide a quote to CLEC for the costs , and upon Acceptance of quote by CLEC , perform the necessary work to recondition the space. ~orJeconditioned space , CLEC is responsible for prorated charges based on the.,uoqunt of space requested.15 Cancellation of Collocation Request. CLEC may cancel a Collocation request prior to the completion of the request by Qwest by submitting a written request by certified mail to the Qwest account manager. CLEG,shall be responsible for payment of all costs incurred by Qwest up to the point when the ci:1ncellation is received.16 Qwest may retain a limited amount offloor space for its own specific future uses, provided, however, that neither Qwest noLany of its Affiliates may reserve space for future use on terms more favorable than those that apply to CLEC' reservation of CoUocation space for CLEC's own future, use. Qwest shall relinquish any space held for future use before denying a request for Virtual Collocation on the grounds of space limitations, unless Qwest proves to the Commission that Virtual Collocation at Amendment to DEN-970311-4414 c"" ' that point is not Technically Feasible.17 In, addition to the requirements of ~edion 3.2.all Collocation installation and structures shall meet applicable earthquake safety rating requirements comparable to and to the same extent that awest installations and structures meet earthquake rating requirements as contained in the Network Equipment Building System (NEBS) - BR GR-63-CORE document. A list of awest Premises and the applicable related earthquake ratings is available for review-on the awest website at: http://www.qwest.com/whoiesale/pcatlcollocation.htnil. . ':""" - 18 awest will review the security requirements , issue keys, 10 cards and explain the access control processes to CLEC. The acca$s control process includes but is not limited to the requirement that all CLEC approved personnel are subject to trespass violations if they are found outside of designated and approved areas or if they provide access to unauthorized individuals. Likewise :awest personnel are subject to trespass violations if they are found to be wrongfully inside CLEC physical caged collocated areas or if they wrongfully provide access to unauthorized individuals. 18.awest will take all reasonable measures to insure that CLEC equipment collocated in awest Premises is afforded physical security at Parity with awest's similarly situated equipment. Should an event occur within a awest Premises that suggests vandalism or other tampering with CLEC's equipment awest will , at CLEC's request, vigorously and thoroughly investigate the situation. CLEC shall cooperate in the investigatiQn as requested by awest. awest will keep CLEC apprised of the progress of any investigation, and report any conclusions in a timely manner.19 awest shall provide access to CLEC'scQJlocated equipment and existing eyewash stations, bathrooms, and drinking water within the Premises on a twenty-four (24) hours per day, seven (7) Days per week basi , for CLEC personnel and its designated agents. Such access shall be permitted without requiring either a security escort of any kind or delaying CLEC's employees entry,)nto awest Premises. awest shall provide CLEC with access to other basic f~c:ijmes, including parking, where available on a first-come, first-served basis.,t" . ,;..' 1.20 CLEC shall be restricted to corrido.rs :~tairways, and elevators that provide direct access to CLEC's space , or to the nean~M restroom facility from CLEC' designated space, and such direct access will be dufOned c;luring CLEC's orientation meeting. Access shall not be permitted to any other p~6rtr6n of the building.21 Nothing herein shall be construed toJimit CLEC's ability to obtain morethan one form of Collocation (Le., Virtual, Caged, ~~ared and Cage less Physical Collocation or ICDF Collocation) in a single _. Pre.mises provided space available.3.2.22 Termination of Collocation Arrangement. CLEC may terminate a completed Collocation arrangement by submitting a writtel1 request via certified mail to the awest account manager. awest shall provide CLEC a quotation for the costs of removing CLEC's collocated equipment and associated cabling and structure, which will be paid by CLEC within thirty (30) Days of the removal of the equipment by awest. CLEC will not be charged for the removal of equipme.nfor cabling that is owned and removed by CLEC in their Physical Collocation space. (Intentionally left blank)23 awest shall design and engineer thefu6st efficient route and cable racking for the connection between CLEC's equipmen ln its collocated spaces to the Amendment to DEN-970311-4414 , ;" collocated equipment of another CLEC located in the same Qwest Premises; or to CLEC's own non.,contiguous Collocation space. Therpost efficient route generally will be over existing cable racking, to the extent technical!yifeasible , but to determine the most efficient route and cable racking, Qwest shall consider all information provided by CLEC in the Application form, including but not limited to, distance limitations of the facilities CLEC intends to use for the connection. If the, length of the most efficient route exceeds any such distance limitations, Qwest will notify CLEC of available options. When CLEC notifies Qwest of CLECs preferred option, Qwest will proceed with the route design and quote preparation. If CLEC elects to have Qwest provide the channel regeneration , the quote will include the applicable charges (pursuant to section 3.9), provided that Qwest shall not impose such charges if there exists in the affected Qwest Premises, another available Collocation space whose "u!?e by CLEC would not have required regeneration , or if such a space would have exiSted , but for Qwest's reservation of such space for its own future use. CLEC shall have access to the designated route and construct such connection, using copper, coax, optical fiber facilities, or any other technically feasible method utilizing a vendor of CLEC's own choosing. CLEC may place its own fiber, coax, copper cable , or any other. technically feasible connecting facilities outside of the actual physical Collocation -space, subject only to reasonable NEBS Level 1 safety limitations using the route specified by Qwest. CLEC may perform such Interconnections at the ICDF, if desired. CLEG may interconnect its network as described herein to any other collocating Carrier, to any collocated Affiliate of CLEC, to any end user s premises, and may interconnect CLEC~sown collocated space and/or equipment (e., GLEC's Physical Collocation and GLEe's Virtual Collocation on the same Premises). CLEC-to-CLEC Connections shall be'. ordered either as part of Application for Collocation under Section 3.4, or.separately from a Collocation Application in accordance with Section 3.4.7. CLEC-:-to-:-CLEC Cross Connections at an ICDF are available, as follows: " ' 23. , , " CLEC-to-CLEC Cross Connections at the ICDF: " ~ 23.1 CLEC-to-CLEC Cros5.Gonnection (CaCC-X) is defined as CLEC's capability to order a CrossG9,~nection from it's Collocation in a Qwest Premises to its non-adjacer)~~qllocation space or to another CLEC's Collocation within the same Qwe~fPremises at the ICDF. 23.Qwest will provide 'the , capability to combine theseseparate Collocations through an Interconnection Distribution Frame (ICDF). This is accomplished by the use. of CLECs' Connecting Facility Assignment (CFA) terminations residing"9t an IDCF. Also , ICDF Cross Connections must terminate on the same ICDF at the same service ratelevel. ' , 23.If CLEC has its ' own ' Dedicated ICDF , CLEC responsible for ordering tie cables to thecomnion ICDF frame/bay where the other CLEC resides. These tie cable$would be ordered through the existing Collocation Application form. 23.1.4 CLEC is responsiblefor the end-to-end service designthat uses ICDF Cross Connection to ensure that the resulting service meets its Customer s needs. This is 8e:Gomplished by CLEC using the Design Layout Record (DLR) for the service connection. Depending onthe distance parameters of the combination, regeneration may berequired. Qwest may only charge for reg~~eration if there does not exist in the affected Premises , another Collocation space whose use by CLEC would not have required regeneration ;an9"such a space would not have Amendment to DEN-970311-4414 , ," '' ' 'I ., ' existed except for awest's reservation dfthe space for its own future use. , ~': ' 23.If two CLECs are inVolved, one CLEC acts as the ordering" CLEC. The ordering CLEC identifies both connection CFA's on the ASR. CLEC requests service order activity by using the standard ASR forms. These forms are agreed upon nationally at the OBF (Ordering and Billing Forum). Refer to theDMP (Document Management Platform)/Carrier/Carrier CentersI"A"I"AS;DG" for copies of all forms including definitions of the fields. CLEGisresponsible for obtaining these forms. awest must not reproduce copies for its Customers , as this is a copyright violation. The standard industry forms for CLEC-to-CLEC Cross Connections (CaCC-X) are: Access Service Request (ASR), Special Access (SPE) and Additional Circqit Information (ACI).24 awest will provide CLEC the same conn~ction to the network as awest uses for provision of services to awest end users. The direct connection to awest' network is provided to CLEC through direct use of Qwest's existing Cross Connection network. CLEC and awest will share the same distributing frames for similar types and speeds of equipment , where Technically Feasible and!)pace permitting.25 CLEC terminations will be placed onAhe appropriate awest Cross Connection frames using standard engineering principle~. CLEC terminations will share frame space with awest terminations on awest frames, ,without a requirement for an intermediate device. 3.2.26 If CLEC disagrees with the selection qf the awest Cross Connection frame CLEC may request a tour of the awest Premises to determine if Cross Connection frame, alternatives exist, and may request 'use of an alternative frame or an alternative arrangement, such as direct connections frQrn CLEC's Collocation space to the MDF or CaSMICTM frame. " , , 27 Conversions of the various Collocatjoh;q,rrangements (e., Virtual to Physical) will be considered on an Individual Case B9~i$" However, conversions from Virtual Collocation to Cage less Physical Collocation, wh~re the conversion only involves an administrative and Billing change, and the virtuallycdl16cated equipment is located in a space where Cageless Physical Collocation is availa,pIe hall be completed in thirty (30) calendar Days. CLEC must pay all associated co~v~rsion charges.28 awest shall permit CLEC to construct.Q(subcontract the construction and build-out of Physical Collocation arrangements with~,ontractors approved by awest. Such CLEC construction of Physical Collocation arrang~ments are for within CLEC' physical space including the cage, if appropriate, frames, and cable racking, and also outside CLEC'physical space, CLEC may install ,the tie cables , blocks , andterminations on the ICDF or for CLEC-to-CLEC connecliOns. awest approval of CLEC contractors involves security access arrangements and shall not be unreasonablywithheld. CLEC is not required to use awest or awest contracted personnel for the engineering and installation of CLEC's collocated equipment. Approval by awest of CLEC's employees , vendors or subcontractors shall be based on the same criteria that awest uses in approving contractors for its own purpose~.29 awest will provide CLEC with writtenhotification at least five (5)business days before any scheduled non-emergencyACor DC power work in the collocated facility that may cause a power disruption .to, CLEC equipment located in theawest facility. This does not include notificationotroi.Jtine power testing or powerinstallation work not expected to cause a power dist~ption, awest will use diligent Amendment to DEN-970311-4414 efforts to notify CLEC by the Abnormal Condition Report: (ACR) of: (a) general power outages as soon . as Qwest becomes aware that an outage is to take place or has occurred and (b) any emergency power disruption thafwould impact CLEC equipment no later than thirty (30) minutes after such activity commences. Finally, Qwest shall immediately notify CLEC by ACR if an alarm condition exists with respect to the monitoring of power that poses a material risk to the continued operation of CLEC equipment. Terms and Conditions - Virtual Collocation, Qwest is responsible for installing, maintaining, and repairing virtually collocated equipment for the purpose of Interconnection, or to access UNEs , ancillary and Finished Services. When providing Virtual Collocation, Qwest shall install , maintain and repair collocated equipment within the same time periods and with failure rates that are no greater than those that apply to the performance of similar functions for comparable equipment of Qwest. CLEC will not have physical access to the virtually collocated equipment in the Qwest Premises. However, CLEC will have physical access to the Demarcation Point in the Qwest Premises. CLEC will be responsible for obtaining and providing to Qwest administrative codes (e., common language codes):Jor all equipment provided byCLEC and installed in Qwest Premises. ' . " 2.4 CLEC shall ensure that upon recei~t'.:~f CLEC's virtually collocated equipment by Qwest, all warranties and access to ong6'fng technical support are passed through to Qwest at CLEC's expense. CLEC shall advise the manufacturer and seller of the virtually collocated equipment that CLEC's equipment will be possessed , installed and maintained by Qwest. ~I' 5 CLEC'virtually collocated equipme ;must comply with Telcordia Network Equipment Building System (NEBS) Level 1 saf~tystandards and any statutory (local , state or federal) and/or regulatory requirement~Hl effect at the time of equipmentinstallation or that subsequently become effective. Ct~(j,shall provide Qwest interface specifications (e., electrical, functional , physicaL~n~:software) of CLEC'virtuallycollocated equipment. Such safety and engineering 'standards shall apply to CLECequipment only to the degree that they apply to Qwest equipment located in Qwest's Premises. CLEC must specify all software opti6ns and associated plug-ins for its virtually collocated equipment. CLEC will be responsible for payment of Owest's initial direct training charges associated with training Qwest employees fbrthe maintenance , operation and installation of CLEC's virtually collocated equipment when such equipment is different than the standard equipment used by Qwest in that Premises. This includes per diem charges (Le., expenses based upon effective QwesL Jabor agreements), travel and lodging incurred by Qwest employees attending a venaor::provided training course. .. ", CLEC will be responsible for paymentotreasonable charges incurred in the maintenance and/or repair of CLEC's virtual collbcatedequipment in accordance with this Agreement, unless otherwise agreed by th!3 Parties. Notwithstanding theforegoing, CLEC shall not be responsible for anycqsts or charges incurred in the maintenance and/or repair of CLEC's virtually collocat~ci,equipment where such costs or '" . Amendment to DEN-970311-4414 . charges result from Qwest's fault or negligence. Terms and Conditions - Caged and CageleS,$ Physical Collocation Qwest shall provide Caged and Cageles'sPhysical Collocation to CLEC for access to UNEs and ancillary services and Interconnection, except that Qwest may provide Virtual Collocation if Qwest demonstrates to the Commission that Physical Collocation is not practical for technical reasons or ~ecause of space limitations, as provided in Section 251 (c)(6) of the Act. Physical Collocation is offered in Premises on a space-available, first come, first-served basis. Reserved for Future Use . . 3.4 Qwest will design the floor space in the most efficient manner possible within each Premises that will constitute CLEC's leased space. CLEC will , in accordance with the other terms and conditions of this Section, hav~,ccess to its leased space. When Qwest constructs the collocated space, Qwest will ensure that the necessary construction work (e., racking, ductingand caging for Caged Physical Collocation) is performed pursuant to Qwest TechnicalPublication 77350, including all construction of CLEC's leased physical space and the Tiser from the vault to the leased physical space. " ' CLEC owns or leases and is , J~~ponsible for the installation Maintenance and Repair of its equipment located within)he physically collocated spaceleased from Qwest. Qwest shall permit CLEC to commence installation of its equipment prior to completion of Qwest's work on the remaining Collocation infrastructure, at no additional charge to CLEC. Such "early access" datE? will be negotiated by Qwest and CLEC on a site specific basis" In order to obtain earlY' access , CLEC must pay eighty (80) percent of the remaining fifty (50) percent of th~quoted nonrecurring charges before early access is granted, leaving a holdback of. ten (1 0) percent of the originally quoted nonrecurring charges. All appropriate (Le. space and cable racking) recurring charges will begin on a negotiated date. The encloslJr~JorCaged Physical Collocation must be complete before early access is granted. Such."$arlY access by CLEC shall not interfere with the work remaining to be performed by OWe$t. ""-,"'" Upon completion of the construction of tb~ Collocation project, Qwest will work cooperatively with CLEC in matters of joint testing~nd maintenance.9 If, during installation, Qwest determines CLEC activities or equipment do not comply with the NEBS Level 1 safety standarc:ls listed in this Section or are inviolation of any Applicable Laws or regulations all equi:illy applied to Qwest, Qwest hasthe right to stop all installation work until the situationi~remedied. Qwest shall provide written notice of the non-compliance to CLEC and/'uch notice will include: (1)identification of the specific equipment and/or installation not in compliance; (2) theNEBS 1 safety requirement that is not met by the equipment and/or installation; (3) thebasis for concluding that CLEC equipment and/or ins~allation does not meet the safety requirement; and (4) a list of all equipment that Qwest locates at the Premises inquestion, together with an affidavit attesting that all of t~at equipment meets or exceeds the safety standard that Qwest contends CLECs equipment fails to meet. If suchconditions pose an immediate threat to the safety of Qwestemployees , interfere with the " '. ' Amendment to DEN-970311-4414 ,,: , ' performance of Qwest's service obligations , or pose' an 'immediate threat to the physical integrity of the conduit system , cable facilities or other:equipmentin the Premises, Qwest may perform such work and/or take action as is necessary to correct the condition at CLEC's expense. In the event CLEC disputes any action Qwest seeks to take or has taken pursuant to this provision CLEC may pursue immediate resolution by the Commission or a court of competent jurisdiction.10 All equipment placed will be subject to random safety audits conducted by Qwest. These audits will determine whether the equipment meets the NEBS Level safety standards required by this Agreement. CLEC wiH:be notified of the results of this audit. If, at any time, pursuant to a random audit or 9tl;1e rwise , Qwest determines that the equipment or the installation does not meet the NEBS standards described in Section 3., CLEC will be responsible for the costs: associated with the removal modification to, or installation of the equipment to bring"it into compliance. Qwest shall provide written notice of the non-compliance to CLEC and such notice will include: (1) identification of the specific equipment and/or installation not in compliance; (2) the NEBS 1 safety requirement that is not met by the equipment and/or installation; (3) the basis for concluding that CLEC's equipment and/or installation does not meet the safety requirement; and (4) a list of all equipment that Qwest locates at the Premises in question, together with an affidavit attesting that all of that equipment meets or exceeds the safety standard that Qwest contends CLEC's equipment fails to meet. If CLEC fails to correct any non-compliance within fifteen (15) calendar Days of written notice of non- compliance, or if such non-compliance cannot be corrected within fifteen (15) calendar Days of written notice of non-compliance, and if CLEC:;,f~j'sto take all appropriate stepsto correct any non-compliance as soon as reasonqbly, ,possible, Qwest may pursue immediate resolution by the Commission or a court of'colT\p.etent jurisdiction. If there is an immediate threat to the safety of Qwest employees, or an immediate threat to the physical integrity of the conduit system, cable facilities, or other equipment in the Premises, Qwest. may perform such work and/or tak~r~':J,ch action as is necessary to correct the condition at CLEC's expense. ', ,i)11 Qwest shall provide basic telephone serV#:;ewith a connection jack at the request of CLEC for Caged or Cageless Physical ,Gt:"li,ocated space. Upon CLEC' request, this service shall be available per standard QW~~t business service Provisioningprocesses and rates. . ,, " i',.' ,12 For Caged Physical Collocation , CLI::~:s leased floor space will separated from other CLECs and Qwest space thn~~gti:a cage enclosure. Qwest will construct the cage enclosure or CLEC may choose f(om pwest approved contractors or may use another vendor of CLEC's own choosing, subject to Qwest's approval whichmay not be unreasonably withheld, to construct the cage enclosure. All CLECequipment placed will meet NEBS Level 1 safety stan.dards , and will comply with any local , state , or federal regulatory requirements in eff~ct at the time of equipmentinstallation or thatsubsequently become effective. ' ' , 13 For Cageless Physical Collocation in aVVire Center, the minimum square footage is nine (9) square feet per bay (howeverrW'smalier bays are or becomeavailable, Qwest will reduce the minimum square footage accqrdingly). CLEC may electto share it Cageless Collocation space (e.g, sublease a shelf to another CLEC),however, the CLEC of record is solely responsible forot9,ering, Provisioning, repairing, maintaining, and Billing for equipment, cross-connects , , and services in its Collocationspace. Requests for multiple bay space will be provided in adjacent bays wherepossible. When contiguous space is not available, bays;may be commingled with other CLECs' equipment bays. CLEC may request, through~:the Qwest Space Reclamation Policy, a price quote to rearrange Qwest equipmen(to: provide CLEC with adjacent Amendment to DEN-970311-4414 ';, space. Transmission Facility Access to Collocati()t1,Space 2.4.For Virtual or Physical Collocation CLEC may select from four (4) optional methods for facility access to its Collocatibnspace. They include: 1) fiber entrance facilities, 2) purchasing private line or Access S~rvices, 3) Unbundled Network Elements; and 4) microwave. Other entrance facility technologies may be requestedthrough the BFR process. 2.4.Collocation Fiber Entrance Facilities: - Qwest offers three (3) Fiber Collocation Entrance Facility options - Standard FiberEntrance Facility, Cross-Connect Fiber Entrance Facility, and Express Fiber Entrance Facilities. These options apply to Caged and Cage less Physical Collocation and Virtual-Collocation. Fiber Entrance Facilities provide the connectivity between CLEC'coUocated equipment within the Qwest Wire Center and a Collocation Point of Interconnection (C-POI) outside the Qwest Wire Center where CLEC shall terminate its fiber-optic facility, except the Express Fiber Entrance Facilities. . " 2.4.CLEC is responsible for providing its own fiber facilities to the C-POIoutside Qwest's Wire Center. Qwest will extend the fiber cable from the C-POI to a Fiber Distribution Panel (FDP). Additional fiber, conduitand associated riser structurewill then be provided by Qwest from the FDP to continue the run to CLEC's leased Collocation space (Caged or Cage less Physical CplJpcation) or CLEC's equipment(Virtual Collocation). The Qwest provided facility fro'm the C-POI to the leased Collocation space (Physical Collocation) or CLEC equip!Jlent (Virtual Collocation) shall be considered the Collocation Fiber Entrance FacilitY'the preceding provisions do not apply to Express Fiber Entrance Facility which provides,that CLEC fiber will be pulled to CLEC Collocation equipment without splices or termi.ri?1tlcm on an FDP. 2.4.Standard Fiber Entrance Facility -- The standard fiber entrance facility provides fiber connectivity between CLEC's fiber facilities delivered to the POI and CLEC's Collocation space in increments of 12 fibers. CLEC's fiber cable is spliced into a Qwest-provided sharedfiper entrance cable that consists of six buffer tubes containing 12 fibers each f()r;a 72 fiber cable. The 72 fibercable shall be terminated on a Fiber Distri,~~~iR,r, Panel (FDP). A 12 fiber Interconnection cable is placed between CLEG'sJ~oUocation space and the FDP. The FDP provides Qwest with test access abdji.ii "connection point between the transport fiber and CLEC's Interconnection cable' 2.4.2 Cross-Connect Fiber Entranc~ F,~cility -- The cross-connect fiberentrance facility provides fiber connectivity ~etween CLEC'fiber facilities delivered to a C-POI and multiple locations within the Qwest Wire Center. CLEC's fiber cable is spliced into a Qwest provk~ed shared fiber entrance cablein 12 fiber increments. The Qwest fiber cable consists of six buffer tubes ',. containing 12 fibers each for a 72 fiber cable",l!h~.72fiber cable terminates in afiber distribution panel. This fiber distribution,;p~nel provides test access andflexibility for Cross Connection to a secondiiber . distribution panel. Fiber Interconnection cables in 4 and 12 fiber bptr~ms connect the second fiber distribution panel and equipment locations intb~,west Wire Center. This option has the ability to serve multiple locations or piec~s of equipment within the Qwest Wire Center. This option provides maximum flexibility in distributing fibers within the Wire Center and readily supports Virtual and Cage less Physical Collocation and multiple CLEC locations in the office. This option also supports transitionsfrom one form of Collocation to another. , " Amendment to DEN-970311-4414 2.4.Express Fiber Entrance Facility - Owest will place CLEC- provided fiber cable fram the C-POI directly to CLEC's Callocatian space. The fiber cable placed in the Wire Center must 'meet NEBS Level 1 fire rating requirements. If CLEC pravided cable daes nat meet NEBS Level 1 fire rating requirements then a transitian splice will accur inthe cable vault to, insure that the cable within the Owest Wire Center meets requirements. This aptian will nat be available if there is anly ane canduit with two, (2) unused innerducts (ane (1) far emergency restaral and ane (1) far a shared entrance cable). 2.4.4 Owest will designate the lacatian af. tqe C-POI far Virtual , Caged Physical ar Cageless Physical Callacatian arrangemenht: 2.4.The Callacatian entrance facility is ass4~ed to, be fiber aptic cable and meets industry standards (GR. 20 Care). Metallic ~h~ath ,cable is nat cansidered a standard Callacatian entrance facility. Requests for"DQn-standard entrances will cansidered thraugh the BFR pracess described in, the Bana Fide Request PracessSectian of this Agreement. All casts and Pravisian!ng intervals far nan-standard entrances will be develaped an an Individual Case Basis. 2.4.Owest shall pravide an Intercannectian paint ar paints , physically accessible by bath Owest and CLEC, at which the fiber aptic cable carrying CLEC'circuits can enter Owest's Wire Center, pravided" that Owest shall designate Intercannectian paints as clase as reasanably passible to, its Premises. Owest shall affer at least two, (2) such Intercannectian paints at each Owest Wire Center when at least two, (2) entry paints pre-exist and duct space i$ available. Owest will nat initiate canstructian af a secand, separate Callacatian entrance facility salely far Callacatian. Owest requires the canstructian af a new Callacationentrance facility far its awn use then the needs afCLEC will also, be taken into, cansideratian' 2.4.As an alternative to, the Fiber EntranceF~cilities described abave, CLEC may purchase Owest Tariffed ar catalaged Private Line o,r Switched Access Services. " ,;,, 2.4.As an alternative to, the Fiber Entrance Facilities described abave, CLECmay purchase unbundled dedicated interaffice transport. 2.4.Micrawave Entrance Facilities. Ow~~t affers Micrawave Entrance Facilities , an Premises awned ar cantralled by Owest;1a access CLEC transmissian equipment callacated an ar inside the Owest Premise.s., ::. The raaftap, duct, canduit, andriser cable space far Micrawave Entrance Facilities :available an a first-came , first-served basis, where Technically Feasible. CLEC may place its micrawave antenna an a Owest awned ar cantralled existing tawer, building, arsLlPparting structure , where space is available, ar CLEC may canstruct such tawer ar supporting structure , if necessary andif there is sufficient space and the building structure is not jeapardized. Such micrawave equipment will be limited to, that which is necessary,far Intercannectian to, Owest's netwark ar access to, Owest's Unbundled Netwark Elements. 2.4.Owest will jaintly caardinate.:and plan with CLEC far theplacement and lacatian af the micrawave equipl11ent an a nan-penetrating raaf maunt, ar an existing tawer ar supparting structure an the exteriar af a Owest Premises. The methad af placing CLEC microwave equipment shall be mutually agreed upan. Tawer ar building raaf space thatallaws far unabstructed line-af- sight will be pravided by Owest where Techr1ic~l'ly Feasible. A weather praaf cable entry hatch ar an existing wave-guide hatchar ather suitable entrance into, the building is required. If space is avaiiable C~EC may use an existing cable entry hatch or a new cable entry hatch will need to, be canstructed. The cable Amendment to DEN-970311-4414 " \- entry hatch charges are on a per Port used basi :' ' c", " 2.4.CLEC can perform the determihationof line-of-sight feasibility or if requested , Qwest will perform the line-of-sighffeasibility. CLEC will submit a Microwave Entrance Facility Application for eachantenna arrangement and each Qwest Premises requested. A site visit will include appropriate Qwest and CLEC personnel for the purpose of determining whether an unobstructed line-of-sight is Technically Feasible and structural analysis of the building. The site visit will take place within fifteen (15) calendar Days after' receipt by Qwest of the CLEC' Microwave Entrance Facility Application, unle$stne CLEC requests a later date. If CLEC performs the structural analysis andline-of-sight feasibility, it shall submit a response regarding its analysis to Qwest and Qwest will only bill for an escort fee per site requested. If either Party disputes the technical feasibility,space availability, or other conditions proposed by Qwest, the Parties will promptly petition the Commission for resolution of the dispute. 2.4.If Qwest performs the feasibility analysis , a response will be provided to CLEC within thirty (30) calendar Days after the site visit with the structural analysis and line-of-sight feasibility. , ' If the site visit determines that unobstructed line-of-sight and placement of the microwave equipment are not Technically Feasible, CLEC will be billed only for the site visit. If the site visit determines that the placement of microwave equipment is Technically Feasible Qwest will'provide a quote for the Microwave Entrance Facility with the quote for the submitted Collocation Application. If CLEe'does not submit a Collocation Application for the Premises within thirty (30), d~ys;following the completion of the line-of-sight and structural feasibility analysis.or;CLEC subsequently cancels the Collocation Application, CLEC will be billed fod.h.~,s!te visit. 2.4.9.4 CLEC must obtain all neces~~ry:.yariances , licenses, approvals and authorizations from governmental agencies with jurisdiction, such as use permits, building permits, FCC licenses and :F:AA approval, if required, toconstruct, operate and maintain the CLECfacHities. If Qwest's assistance is required in order for a CLEC to obtain necessary liqenses or permits, Qwest will not unreasonably withhold such assistance.' ClEC will pay all expenses associated with that assistance on a time and materials basis. c.;' - 2.4.CLEC is responsible for the engill~ering, purchasing, supplying, installing, maintaining, repairing and servicIng of, its microwave specificequipment. CLEC shall provide the cable froi1iJheantenna equipment to the building cable entry hatch. However, CLECisii1cit permitted to penetrate the building exterior wall or roof. Qwest will do all. b~ildii1g penetration and Qwest will install the coaxial cable or wave-guide/transmission facility from the cable entry hatch to the CLEC's Collocation space within th~.interval, as set forth in Section 3.4, for the type of Collocation requested by, G(~C. CLEC facilities shall not physically, electronically, or inductively interfere\ritith the existing Qwest or other CLECs' equipment. Each transmitter individuaJ.IY~!ld all transmitters collectively,for Qwest, Qwest Affiliates and CLECs , at a given location shall comply with appropriate Federal, State, and Local regulati6'n(governing the safe levels of RFradiation. .." ' 2.4.Upon expiration or terminationp('the Collocation arrangement or the Microwave Entrance Facility, CLEC shall. return the antenna space to its original condition. CLEC shall repair any damages caused by removal of itsmicrowave equipment, or by the use, operatiq(l,or placement of its microwave equipment on the Premises. If CLEC performs the foregoing, Qwest shall Amendment to DEN-970311-4414 impose no charges on CLEC for such workY':ih the event the CLEC fails toremove its microwave equipment CLEC shall be liable to Qwest for all reasonable costs of removal restoration of the property, storage, and transportation to CLEC of such microwave equipment incurred by Qwest. Terms and Conditions -ICDF Collocation-' Interconnection Distribution Frame (ICDF:) Collocation is available for CLECs who have not obtained Caged or Cageless Physical Collocation, but who require access to the Owest Wire Center for combining Unbundled Network Elements and ancillary services. ICDF Collocation provides CLECswith access to the Interconnection Distribution Frame, where Owest will terminate the Unbundled Network Elements and ancillary services ordered by CLEC. CLEC may corT)bin~one (1) UNE to another UNE or ancillary service by running a jumper on the ICDF: 'CI;.:EC access to the ICDF will be on the same terms and conditions described for dth~r types of Collocation in this Section. There are multiple frames that could be usedfor ICDF Collocation including, but not limited to, the following: a) existing InterconneGtjon Distributing Frame (ICDF); b) existing DSX panels for DS1 and DS3 services; c) new Interconnection Distributing Frame; d) existing toll frame; e) fiber distribution panel; and , f) existing intermediateframe. All Owest terminations on the InterconneGtion Distribution Frame will be given a frame address. Owest will establish and maintain frame address records for Owest terminations. Owest will maintain assignment records for each Unbundled Network Element and ancillary service ordered by CLEC that is terminated on theInterconnection Distribution Frame. Owest will provide CLEC with the frame assignments for each Unbundled Network Element and ancillary service terminated onthe ICDF. J;' ';; 3.2.CLEC will be required to place the jpmp~rconnection between frame addresses to connect Unbundled Loops, ancillary and'Fini~hed Services. CLEC will berequired to maintain the records for GLEe-provided jurPp~rs. 5.4 Reserved for Future Use. ., , :. i: Terms and Conditions - Adjacent Collo.G~iionand Adjacent Remote Collocation . ,, CLEC may request Adjacent Colloc~tion and Adjacent Remote Collocation in an existing Owest controlled environmental vault, controlled environmental hut, or similar structures on or under Qwest owned leased or otherwise controlledproperty contiguous to a Owest Premises, to the extenrTechnically Feasible. Adjacent Collocation in an existing structure shall be ordered,as.Physical Collocation. Adjacent Remote Collocation in an existing structure shall be ordered as Remote Collocation. "":", Alternatively, if no such structure described above exists, CLECmay choose to construct or procure a structure to place on or under Owest owned, le~sed or otherwise controlled property ~ontiguous to a Owest Premises. Such adjacent structure shall be in accordance with Owest's design and space planning for the site. CLEC may propose the design for the adjacent structure subject to Owest's approval. Owest will revieW,the building and property plans for the new structure within thirty (30) calendar Days. CLEC shall own such structure~subject to a reasonable ground space lease. If CLEC terminates its Adjacent Collocation space, Owest shall ,.; Amendment to DEN-970311-4414 . ,' .:"'"---- ..,:! ' have the right of first refusal to such structure un~er terms to be mutually agreed upon by the Parties. In the event Qwest declines:to take the structure or terms cannot be agreed upon, CLEC may transfer stich;structure to another CLEC for use for Interconnection and or access to UNEs.Transfer to another CLEC shallbe subject to Qwest's approval , which approval shall not be unreasonably withheld. If no transfer of ownership occurs, CLEC is responsible for removal of the structure and returning the property to its original condition. Qwest shall provide written authorizatioQ for use of Qwest's property to CLEC or CLEC's contractor, to the extent that Qwest ownsor controls such property, to assist CLEC in obtaining any building permits or other approvals that may be necessary to construct the facility. CLEC is responsible forcQllstruction of the structure or procurement of an existing structure. CLEC is responsible for meeting all state and municipal building and zoning requirements. facilities. Qwest will provide power and all other Physical Collocation services and 6.4 Upon request, Qwest will evaluate all parking or other spaces outside the Qwest Premises on Qwest property that can be reasonably made available to CLEC for Adjacent Collocation. Qwest will retain a reasonable amount of parking space for Qwest technicians or other vehicles, including CLEC's. Spacebe,ow a hoisting area will not berelinquished for Collocation space. If Physical Collocation space be9~M,'~s available in a previously exhausted Qwest structure, Qwest shall not require ,GJ,.,E;C to move , or prohibit CLEC from moving its Collocation arrangement into the Qwesfstructure. Instead , Qwest shall continue to allow CLEC to collocate in any adjacent::~Qontrolied environmental vault controlled environmental hut, or similar structure. ' r , ~ Terms and Conditions - Remote ColiocatiQ, Remote Collocation allows CLEC to -bbllocate in a Qwest RemotePremises that is located remotely from a Qwest WireJ:~enter building property. SuchRemote Premises include controlled environmentafvaults, controlled environmental huts, cabinets , pedestals and other remote terminals. The terms and conditions for Virtual or Physical Collocation shall apply to Remote Collocation as appropriate to the specific Remote Premises structure and subject to technical feasibility (e., Section 3.11 anQSection 3.2.4 would not apply),or if appropriate, Adjacent Collocation as set forthabove. Space will be offered in increments appropriate to the Remote Premises structu~$)i.e., shelf, relay rack, etc. Rate Elements Rate elements for Collocation are included in ExhibitA ' ,.:, Rate Elements - All Collocation Qwest will recover Collocation costs ' through both recurring andnonrecurring charges. The charges are determined by the scope of work to be performed based 'on the information provided by CL.::EC'on the Collocation Order Form. A quote is then developed by Qwest for the work to be performed. ' , The following elements as specified-in Exhibit A of this Agreement are AmendmenttoDEN-970311-4414 20 ' ,.';- , ' used to develop a price quote in support of Collocation:)::: Quote Preparation Fee. A non-refundable charge for the work required to verify space and develop a price quote for the total costs to CLEC for its Collocation request.1.4 Collocation Entrance Facility Charge. Provides for the fiber optic cable (in increments of 12 fibers) from the C-POI utilizing Qwest owned , conventional single mode type of fiber optic cable to the collocated equipment (for Virtual Collocation) or to the leased space (for Caged or Cageless Physical Goliocation). The Collocation entrance facility includes manhole, conduiUinnerduct, plpcement of conduiUinnerduct fiber cable, fiber placement, splice case, a splice frame , fiber distribution panel, and relay rack. Charges apply per fiber pair. Express Fiber Entrance Facility does not include fiber cable, splice case, a splice frame or fiber distribution panel. Microwave Entrance Facility charges are addressed in 3.17. Cable Splicing Charge. Represents thelc3bor and equipment to perform a subsequent splice to CLEC provided fiber optic cable after the initial installation splice. Includes per-setup and per-fiber-spliced rate elements.6 -48 Volt DC Power Usage Charge. Provides -48 volt DC power to CLEC collocated equipment and is fused at one hundred twenty-five percent (125%) of request. Charged on a per ampere basis. AC Power Feed. Recovers the cost Qf p~oviding for the engineering and installation of wire , conduit and support, breakers and miscellaneous electrical equipment necessary to provide the AC power, with generator backup, to CLEC's space. The AC Power feed is optional. The AC Power Feecti$available with single or triple phase options. The AC Power Feed is rated on a per fopt. and per ampere basis. Inspector Labor Charge. Provides for9Wzest qualified personnel, acting as an inspector, when CLEC requires access to theC,~PQr,-,after the initial installation. A call-out of an inspector after business hours is subjecfto ~ minimum charge of three hours. The minimum call-out charge shall apply wheriOo~other employee is present in the location, and an 'off-shift' Qwest employee (or contract employee) is required to goon-shift' on behalf of CLEC. ' . ' Channel Regeneration Charge. Required when the distance from theleased physical space (for Caged or Cage less pbY~,i.9al Collocation) or from the collocated equipment (for Virtual Collocation) to the Qwest network is of sufficient length to require regeneration. Channel Regeneration Charges shall not apply until the Commission approves Qwest's authentication plan. Aft~r approval of the authentication plan , Channel Regeneration Charges shall not applyifQwest fails to make available to CLEC: (a) a requested , available location at which regeneration would not be necessary or (b) Collocation space that would have been available and sufficient, but for itsreservation for the future use of Qwest. Note: Cable distance limitations are addressed in ANSI Standard T1.02-1993 Digital Hierarchy - Electrical Interface; Annex B"10 Interconnection Tie Pairs (ITP) are desc~ibed in the UNE Section , and apply for each Unbundled Network Element, ancillary sE;!rvice or Interconnection service delivered to CLEC. The ITP provides the connection between the Unbundled Network Element, ancillary service or Interconnection serviceai1'~J~e Demarcation Point.11 Collocation Terminations. TerminatiQns,~re purchased by CLEC for the purpose of accessing Unbundled Network Elements. ,- These terminations may be Amendment to DEN-970311-4414 ..;, , ' requested in Shared Access and Direct Connection Configurations. 11.Shared Access 11.In a Shared Access configuration , there are multiple frames that could be designated as an ICDF or appropriate Demarcation Point including, but not limited to, the follovving: (ICDF) services Existing Interconnection Distributing Frame Existing DSX-, Panels for DS1 and DS3 New Interconnection Distributing Frame Existing TolI~rame Fiber Distribution Panel Existing intermediate frame 11.The ICDF is the test ~9cess point. It would not be uncommon to find multiple service providers, including Qwest, on the ICDF at any one time. This element includes Qwest's provided termination blocks, installation labor between CLEC collocated equipment and the appropriate cross connect devic~~" Cabling is also required and may be provided by CLEC or at theirreqU~st, Qwest will provide cabling at an additional charge. When Qwest'prOVides the cabling, Collocation Block Termination rates will apply q~,9ontained in Exhibit A of this Agreement. When CLEC provides thercabling, Collocation Termination rates, on a per termination basis, will apply as contained in Exhibit A of this Agreement. When CLEC providesc~rld installs the tie cables, blocks and terminations on the ICDF, no Collocat~()n Termination rates will apply. 11.Direct Connection 11.Direct Connection provides an uninterrupted path from the Collocation space to an existing frame. This option will guarantee that there will not be an ICDF. The connection will be designed from the Collocation space to the same frame thatOwest uses to connect to that specific service. For example , if CLEC wants to connect directly from their Collocation space to a 911 router, the infrastructure for the 911 trunks will terminate in a DS 1 bay lo.Gati9Jl with the 911-router circuits. There are several options for the lo,Gi;ltiop of the Demarcation Point.CLEC will select their desired option, via the supplemental Direct Connection (DC-POT) With Coliocation Form DCO50900. If CLEC chooses a demarcation inside the CoJl6cation. space, the collocator should order and install the terminatiqn quipment itself. Demarcation equipment must be noted on the order.iform so that a CLL! code and unique tie cable assignments can be g~,n~rated for systems flow through. If CLEC chooses a demarcation outsiqe !t~ Collocation space , Qwest will maintain and inventory this device. Direct terminations may be ordered, , L'where frame space is available. If frame space is exhausted the terminations may need to be made at ~nq1her frame. Upon completion of the pre-provisioning of the Direct Connection CLEC will receive an AmendmenttoDEN-970311-4414 22 .. :' ~ ' c.;' , Alternate Point of Termination (APOT)\form so that they may order Finished Services and UNEs. CLEC will 'be responsible for augmenting terminations as required. The Direct C'cihn.ection APOT information must be provided on the ASR or LSR to inslj'r~'ihat the services are designed to the dedicated path. 11.2 CLEC's termination point will require a CLL! code (e. Frame Number) and the dedicated tie pairs will require a unique name to enable automatic assignment through TIRKSTM and SWITCHTM via Carrier Facilities Address (CFA) methods. 11.If CLEC wishes to arrange ,terminations on a 2-wire POTS level cross-connect device of thee ,modular type, i.e. COSMICTM Hardware, standard-engineering principles will apply. Provisioning intervals and costs will be customized'~md determined on an individual case basis (ICB). A five (5) year forecast including terminations per quantities will be required. MELDTM runs'will be required for the initial COSMICTM plan and each subsequent'block addition. To minimize CLEC's cost , to the extent feasible QWest shall consolidate CLEC' requirements with the requirements of Qwest and other CLECs into asingle MELDTM run whenever feasible::' Costs of such consolidated MELDTM runs shall be prorated among the Parties, including Qwest Minimum installation requires at least'0ne (1) block for every two (2) outside plant modules. A Y:z shelf of block capacity must be reserved forfuture block space. 11.2.4 Requests for terminations at a DSO, DS1 , DS3 and optical level (non-POTS) may also be' made directly to the respectiveframe or panel (i.e. toll frame , DSX, FOP, etc.). Direct Connections to these frames do not require MELDTM runs and short jumper engineering principals , as with the COSMICTM frame However these connections will require coordination between Qwest and CLEC to ensure that the cable is terminated in an existing frame with the :service that CLEC is wishing toconnect with. Direct Connection is ordered via the supplemental Collocation order form , Direct Connection (DC-POT) With Collocation Form DC050900. Timing, pricing and feasibility will be determined on the basis of a specific, in-depth building" ahalysis. Direct Connections are available where available frame space~i'permits. If frame space is exhausted , terminations may need tob'emade at another frame. Space availability will be determined during the feasibility request phase of the order. Rates for Direct Connection Terminations will be on an 1GB basis using rates defined in Exhibit A. 11.Terminations must be purchased in the following increments: DSO in blocks of 100; DS1 in increments of .one, (1); and DS3 in increments one (1) coaxial cable or fiber pair. 12 Security Charge. This charge applies to the keys/card and card readers required for CLEC access to the Qwest Premises for the purpose of Collocation.Charges are assessed per CLEC employee , per card , per Premises on a monthly basis.13 Composite Clock/Central Office Synchronization. Recovers the cost providing composite clock and/or DS1 synchronization ~ignals traceable to a stratumone source. CLEC must determine the synchroni?~ti(;m requirements for CLEC' equipment and notify Qwest of these requirements W,lJe , ordering the clock signals. Amendment to DEN-970311-4414 :,.., , Central Office Synchronization is required for Virtual Collocation involving digital services or connections. Synchronization may be required for analog services. Central Office Synchronization is available where Owest Central Offices are equipped with Building Integrated Timing Supply (BITS). The rate is applied on ,a per Port basis in accordance with Exhibit A. 14 -48 Volt DC Power Cable Charge. Proviqes for the transmission of - volt DC power to the collocated equipment and is fus~d at one hundred twenty-five percent (125%) of request. It includes engineering"fYn,\!shing and installing the maindistribution bay power breaker, associated power cable cable rack and local power bay to the closest power distribution bay. It also includes the power cable (feeders) A and B from the local power distribution bay to the leased physical space (for Caged or Cageless Physical Collocation) or to the collocated equipment (for Virtual Collocation). It is charged per foot, per A and B feeder. ' ' 15 Space Availability Report Charge - Recovers the cost of preparing a Space Availability Report in accordance with Section 3. 16 CLEC-to-CLEC Connection Charge. Recovers the cost of order processing, design and engineering. Additional charges will be assessed for Virtual Collocation connections and cable holes, if applicable. There will be recurring chargesfor cable racking. " , 17 Microwave Entrance Facility - The ~.h~rges for Microwave EntranceFacility include the recurring and nonrecurring charges associated with preliminary rooftop engineering and survey analysis, Premises structural analysis and line of sight feasibility, if performed by Owest; space rental for the rooftop and existing antenna support structure, cable racking, cable, building penetrc;ltion for cable entry, and other work as required. Rate Elements - Virtual Collocation The following rate elements , as specified in Exhibit A, apply uniquely to Virtual Collocation. Maintenance Labor. Provides for the iab'bt necessary for repair of out ofservice and/or service-affecting conditions and preventative maintenance of CLEC virtually collocated equipment. CLEC is responsible,fot,ordering maintenance spares. Owest will perform maintenance and/or repair work upon receipt of the replacementmaintenance spare and/or equipment from CLEC. call-out of a maintenance technician after business hours is subject to a minimum charge of three (3) hours. Training Labor. Provides for the training of Owest personnel on ametropolitan service area basis provided by the vendor of CLEC's virtually collocated equipment when that equipment is different from Owest'::provided equipment. Owest will require three Owest employees to be trained per metropolitan service area in which CLEC'virtually collocated equipment is located. ,If,,;by an act of Owest, trainedemployees are relocated , retired , or are no longer availaQle , Owest will not require CLEC to provide training for additional Owest employeesfQr,the same virtually collocatedequipment in the same metropolitan area. Where mqreJhan one (1) CLEC in the same metropolitan area selects the same virtually collocate&equipment, the training costsshall be prorated to each according to the number of CLECsso selecting. Equipment Bay. Provides mounting space for CLEC virtually collocated equipment. Each bay includes the seven (7) foot bay, its. installation , and all necessaryenvironmental supports. Mounting space on the bay,including space for the fuse panel Amendment to DEN-970311-4414 " ' - and air gaps necessary for heat dissipation is limited ~~~ '78 inches. The monthly rate is applied per shelf. CLEC may request use of alternate bay heights of 9 foot and 11 foot 6 inches, which will be considered on an Individual Case Basis. No Equipment Bay Charge is assessed if CLEC provides its own equipment bay.2.4 Engineering Labor. Provides the planning and engineering of CLEC virtually collocated equipment at the time of installation , change or removal. Installation Labor. Provides for the installation , change or removal of CLEC virtually collocated equipment. Floor Space Lease. Required for VirtuarColiocation only in the instance where CLEC provides its own equipment bay. This rate element provides the monthly lease for the space occupied by the GLEe-provided equipment bay, including property taxes and base operating cost without -48 volt DC power. Includes convenience 110 , 15 amp electrical outlets provided in accordance with local codes and may not be used to power transmission equipment or -48 volt DC' power generating equipment.Also includes maintenance for the leased space; ;:' provides for the preventative maintenance (climate controls, filters , fire and life systems and alarms, mechanical systems, standard HVAC); biweekly housekeeping services (sweeping, spot cleaning, trash removal) of Owest Premises areas surrounding the GLEe-provided equipment bay and general repair and maintenance. The Floor Space Lease includes required aisle space on each side of the GLEe-provided equipment~ay:. Rate Elements - Physical Collocation " " Space Construction and Site Preparation. Includes the material and labor to construct and prepare the space , including all support structure, cable racking and lighting required to set up the space. It also includes air conditioning (to support CLEC loads specified), lighting (not to exceed 2 watts persquare foot), and convenience outlets (3 per caged or Cageless Collocation or number,required by building code) and the cost associated with space engineering. If a new line-up is established for Cageless Collocation , an AC power outlet will be provided ate~eryother bay in the line-up. Cageless bays placed in existing line-ups will use.the,existing outlets. For CagedCollocation, it includes a nine foot high cage enclosure.' CLEC may choose from Owest approved contractors or may use another vendor of C~E:C's own choosing, subject to Owest's approval , which may not be unreasonably vv~~l1held, to construct the space including the cage in the case of Caged Collocation, in ac::cordance with NEBS Level safety requirements. Pricing for the Space Construction and Site Preparation isdescribed in Exhibit A. In the case of Shared Collocation, Owest may not increase the cost of site preparation or nonrecurring charges above tbe TELRIC cost for Provisioning such a cage of similar dimensions and material to a single collocating Party, and Owest must prorate the charge for site conditioning and prepcm~tion by determining the total charge for site preparation and allocating that charge .to,GLEC based on the percentage of the total space used by CLEC. Owest must in all cases of shared space Collocation allocate space preparation , conditioning, security measures and other Collocationcharges on a pro-rated basis to ensure that the charges paid by CLEC as a percentage of the total overall space preparation and conditioning expenses do not exceed the percentage of the total Collocation space used by CLEC: Floor Space Lease. Provides the monthly lease for the leased physicalspace, property taxes and base operating cost without-:-48 volt DC power. Includesconvenience 110 AC , 15 amp electrical outlets providedif:'l. accordance with local codes and may not be used to power transmission equipmel1t.or -48. volt DC power generatingequipment. Also includes maintenance for the J~.space; provides for the Amendment to DEN-970311-4414 preventative maintenance (climate controls, filters , fire~and life systems and alarms mechanical systems, standard HVAC); pro-rata share. of biweekly housekeeping services (sweeping, spot cleaning, trash removal) of Qwest Premises common areas surrounding the leased physical space and general repair and maintenance. The Floor Space Lease includes required aisle space on each side of the cage enclosure , asapplicable. Intentionally Left Blank. ,"' 3.4 Collocation Grounding Charge. Used to ,connect the Premises common ground to CLEC equipment. Recurring and nonrecurring charges are assessed per foot to CLEC's equipment. ' Rate Elements - ICDF Collocation 3.4.The charges for ICDF Collocation are the nonrecurring and recurring charges associated with the Unbundled Network Elements or ancillary services ordered by CLEC , the cost of extending the Unbundled Network Elements or ancillary services to the Demarcation Point, which are recovered through the ITP charges described in the UNE Section , and the Security charge, described in this Section. Rate Elements - Adjacent Collocation The charges for Adjacent Coliocation\'~"iH'be developed on an Individual Case Basis , except where the commission finds that st~ndard pricing elements can be reasonably identified and their costs determined , dep~hding on the specific needs of CLEC and the unique nature of the available adjacent~p~ce (e., existing structure or new structure to be constructed). . '. " Rate Collocation Elements - Remote Collocatior( and Adjacent Remote , '.. ", "" The charges for Remote Collocation will be developed on an Individual Case Basis except where the commission finds that standard pricing elements can be reasonably identified and their costs determined. Rate Elements - CLEC-to-CLEC Connectiol'\s 16. The charges for CLEC-to-CLEC Connections are addressed in Section Ordering Ordering - All Collocation 3.4.CLEC must complete the requirements 'In'the Implementation Schedule Section of this Agreement before submitting a Collocatiori:Application Form to Qwest. 3.4.Nothing in this Agreement shall be construed to preclude a CLEC from submitting an order for Collocation prior to CLEC's execution of thisAgreement. If, however, the Collocation ' ihterval is completed before this Agreement or another Interconnection agreement, becomes effective , the rates terms, and conditions of this Agreement shall apply to such Collocation. 3.4.Any material changes, modifications op:additional engineering (Material Amendment to DEN-970311-4414 .',' k" ', " Changes) requested by CLEC, subsequent to its original- Collocation order, as to the type and quantity of equipment or other aspects of the original Collocation order, must be submitted with a revised Collocation Application For purposes of this Section Material Changes are changes that would significantly impair Qwest's ability to provision the requested Collocation within the applicable intervals if the changes are provisioned with the original Collocation order and would require Qwest to incur financial penalties under the terms of this Agreement or other Applicable Law. Qwest shall determine the additional time required to comply with CLEC's request for Material Changes (Additional Time), and CLEC shall have the option of (a) having the request for Material Changes implemented with the original Collocation order (within the original Provisioning intervals) as extended by the Additional Time; or (b) having Qwest process and provision the request as a subsequent construction activity or augm~ntation to the original Collocation order. Any nonmaterial changes, modifications, or additional engineering requested by CLEC, subsequent to its original Collocation order, may be submitted with a revised Collocation Application or otherwise communicated to Qwest and shall be implemented with the original Collocation order within the original applicable intervals. 3.4.There are three (3) primary steps in .the ordering of Collocation - 1)Forecasting, 2) Application , and 3) Acceptance of Quote. . 3.4.1.4 CLEC shall submit an annual forecast, updated at the end of each quarter, of its future Collocation requirements. The qY~lferly forecast shall be reviewed by CLEC and the Qwest account team. CLEC forecast shall be considered accurate forpurposes of Collocation intervals if the subsequent.Cpliocation Application correctly identifies a) and e) below, and b) and c) below are within twenty percent (20%) of the forecast. If at the time the Application is made the forecasted type of Collocation is not available CLEC may specify a different type of Co,llocation without affecting the Collocation intervals. The forecast shall include, for each Qwest premises , the following: Identification of the Qwest Premises; b) Floor space requirements, including the 'number of bays for a Cage lessCollocation arrangement; H Power requirements; Heat Dissipation (optional);e) Type of Collocation (e., Caged Physical, Cageless Physical , Shared ICDF, Virtual , etc. ); ' Intentionally Left Blank. Entrance Facility Type (e., Express Fiber, Private Line); Type and Quantity of Terminations (optional); andi) Month or Quarter, during or after which; GLEC expects to submit itsCollocation Application. 3.4.1.4.The following terms shall apply to the forecasting process: CLEC forecasts shall be provided as detailed in Section 3.4.1.4;b) CLEC forecasts shall be confidential information and Qwest may not distribute, disclose or reveal , in anyfoFm , CLEC forecasts. Amendment to DEN-970311-4414 , , 3.4.CLEC shall submit a Collocation Appnca~ion to order Collocation at a particular Qwest Premises. A Collocation Applicationsball be considered complete, if itcontains: . . Identification of the Qwest Premises; b) Floor space requirements, including the\Jl'umber of bays for a Cageless Collocation arrangement; Power requirements; Heat Dissipation; , , e) Type of Collocation (e., Caged Physical, Cage less Physical, Shared Virtual, etc. ); f) Collocated equipment and technical equipment specifications (Manufacturer Make, Model No., Functionality Le., Cross Connect, DLC , DSLAM Transmission , Switch, etc., Physical Dimensions; Quantity). (NOTE: Packet or circuit switching equipment requires, in writing and attached to the Application how this equipment is necessary for access to UNEs or Interconnection. High level equipment interface or connectivity schematic for equipment that is not on the approved equipment list or has not been used by CLEC for a similar purpose before, must also accompany this Application;CtEC using approved equipment found at www.qwest.com/whoiesale/pcatlcollocation.htmi need not comply with this provision); Entrance Facility Type; -' Y,., Type and Quantity of Terminations; and If desired, an alternate form of Collocation if first choice is not available; Billing Contact. 3.4.1.Parties will work cooperatively to ensure the accuracy of the Collocation Application. If Qwest determines thatthe Application is not complete Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days after receipt of the Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises;CLEC must cure any deficiencies in its Application and resubmit the ApplicatiOn 'Within ten calendar Days after being advised of the deficiencies. ' "' , . i' " ~, 3.4.Acceptance - After receipt of a Collocatfon Quote Form from Qwest CLEC shall formally accept the quote in order for Qwestt6 continue the processing of the Collocation Application. A Collocation Acceptance shall be considered complete , if itcontains: Signed Notification of Acceptance; and Payment of fifty percent (50%) of quoteQ.q~arges. , " 3.4.Collocation Space Reservation - allows CLEC to reserve space andidentify, to the extent available, infrastructure incidental to that space such as power Amendment to DEN-970311-4414 28 " ' HVAC, in a Qwest Premises for up to one (1) yearfortransmission equipment (ATM packet switching, DSLAM), three (3) years for circuitswi~ching equipment, and five (5) years for power equipment. CLEC may reserve space in a particular Qwest Premises through the Collocation Space Reservation Application Form. Requests for contiguous space will be honored , if available. 3.4.Collocation Space Reservation Application - Upon receipt of the Collocation Space Reservation Application Form , Qwest will provide spacefeasibility within ten (10) calendar Days. 3.4.Collocation Space Reservation Quotation - If space is available Qwest will provide a specific price quote based ,on the requested Collocation requirements described on the Collocation Space Reservation Application Form. The quote and a Billing invoice for twenty-five percent (25%) payment of nonrecurring charges will be sent to CLEC within'twenty-five (25) calendar Days from the Collocation Space Reservation Application receipt. 3.4.Collocation Space Heservation Acceptance. CLEC must electronically submit Acceptance or non-Acceptance of the quote within seven (7) calendar Days of receipt of the quotation. If CLEC submits the Acceptance between eight (8) and thirty (30) calendar Days of receipt of the quotation , Qwest will ho.rior the reservation upon receipt of the payment only if Qwest does not rec~ive a competing request for the same space from another CLEC. Qwesf will not honor reservations if CLEC submits the Acceptance more thaD thirty (30) calendar Days afterreceipt of the quote. " " ' 3.4.Upon receipt of the twenty-five percent (25%) payment, Qwest will reserve the space on behalf of CLEC in accordance with the Application and take necessary steps to ensure the availability of power HV AC and other components reflected on the application for reservation. Qwest will hold the reservation for the applicable reservation period after the twenty-five percent (25%) payment. This payment will be appli~dto the subsequent Collocation Application. " ", 3.4.7.4 CLEC may cancel the rese~.atipn at any time during the applicable reservation period. Upon notificati6hpf the cancellation, Qwest will refund a prorated portion of the twenty-five perceflt (25%) payment as follows:a) Cancellation notification within " ninety (90) calendar Days from receipt of wire transfer, seventy five percent (75%) of the initial down payment will be returned to CLEC; b) Cancellation notification within niQ.ety-one (91) and one hundred and eighty (180) calendar Days from receipt of wire transfer, fifty percent (50%) of the initial down payment will be returned to CLEC;c) Cancellation notification within one hundred and eighty-one (181) and two hundred and seventy (270) calendar Days from receipt of wire transfer, twenty-five percent (25%) of the initial down payment will be returned to CLEC; and d) Cancellation notification after two hundred and seventy (270) calendar Days from receipt of wire transfer zerb percent (0%) of the initial down payment will be returned to CLEC. ' ,," ",, Amendment to DEN-970311-4414 3.4.Collocation Space Option 3.4.1.1 CLEC , Qwest, and Qwest Affiliates may Option space in Qwest Wire Center Premises in accordance with the ter~s of this Section 3.4.8 for the following equipment and time periods: a) .Transmission equipment - one (1):year Circuit switching equipment - three. (3) years Power plants -five (5) years " " 3.4.Optioned space is offered to CLECs for Caged , Cageless, and Virtual Collocation. To promote fairness and prevent warehousing, the following limits apply:a) The Party requesting the Option may specify the amount of space to be Optioned but not a specific location within the Wire Center. CLEC may also request space be contiguous to its existing Collocation space. b) A requesting CLEC may Option .one (1) Collocation space perWire Center. is: The maximum amount of spac~ per Wire Center to be Optioned "', - 200 square feet for Caged Collocation - 4 bays for Cage less and Virtual ;Collocation 3.4.The Collocation Space Option Application form will beprocessed upon receipt of a properly completed request. Such form shall be considered properly completed if it containsidel)tifying information of CLEC , the applicable Qwest Premises , the amount of Col!O ation space sought, the type of Collocation (Caged, Cageless , Virtual) and ' . t~e'type of equipment (from the categories identified in Section 3.4.1) for which the option is being sought. CLEC must have met all past and present undisputed financial obligations to Qwest. Upon receipt of the Collocation Space Option Application form, Qwestwill confirm in writing, within ten (10) calendar Days, the availability of, and price quote (the Option Fee ) for the Optioned spacer. If space is not available , Qwestwill deny the request. 3.4.8.4 CLEC must electronically submit Acceptance with full payment of the nonrecurring portion of the Option Fee, or acknowledge non-Acceptance of the quoted Option Fee , within seven (7) ~al~ndar Days of receipt of thequotation. When Qwest takes an Option on space for itself, Qwest shall imputean amount equal to the Option Fee to the appropriate operations for which the Optioned Space applies. The Option quoteexpires seven (7) calendar Daysafter delivery to CLEC. . 3.4.Upon receipt of Acceptance and full payment of the nonrecurring portion of the Option Fee , Qwest will Option the space on behalf of CLEC including the contiguous space requests if availc:lbJe (or itself if appropriate) and the Option time frame will begin. The prioritizqtion of Optioning will be based upon the date and time of the Acceptance. Thj3earliE;!r in time an Acceptance is received by Qwest, the higher in priority is suC,h,~)ption. The Option is limited to Amendment to DEN-970311-4414 space only and does not include other elements required to provision the Collocation. 3.4.In order for an Option request to ~void expiration, CLEC must: Submit a Collocation Application during the Option time frame; or b) The Option may be renewed if a Collocation Space Option Application is received at least ten (10) calendar Days prior to the expiration of the term of the existing Option. The priority of a renewed Option is determined by the date CLEC~ccepts the quote from Qwest on CLEC's renewal application. 3.4.1.First Right of Refusal - If Qwest receives a valid Collocation Application (CLEC A is the requesting Party) for a Qwest Wire Center in which all available space has been occupied or Optioned the following provisions for First Right of Refusal will apply: 3.4.All Qwest out of space reporting requirements apply to the Collocation Application (Sections 3.11 and 3.12). In addition Qwest will provide CLEC A with Option~pace information (e., Caged and Cageless Optioned space) that mayJulfili the requirements of CLEC s Collocation Application. At CLECA'request, Qwest will initiate theOption Enforcement Notice process byhotifying the Option Party or Parities with the most recent space Optiorl(s) that meets the requirements of CLEC A's Collocation Application. . . 3.4.The Option Enforcement Notice serves as notificationto the Option Party that Qwest is in possession of a valid Collocation Application, and calls for the Option Party to exercise their Right of First Refusal, or relinquish their space Option. The Option Party may exercise it's Right of First Refusal by submitting either a Collocation Application as set, forth in Section 3.4., or by submitting the Collocation Space Reservation Application set forth in Section 3.4., within ten (10) calendar Days of receipt of the Option E:nfprcement Notice. This processcontinues for all Optioned space until alLpptioned space is exercised or Optioned space is relinquished (affirmati,,~!y by CLEC or upon expirationof the notice period , whichever is earlier) to fulfill the Collocation Application. Once Optioned space has been relinquished for use to fulfill the Collocation Application, the standa(dordering terms and conditions for Collocation shall apply. ' . " 3.4.Where contiguous spa~e has been Optioned, Qwestwill make its best effort to notify CLEC ;if Qwest, its Affiliates or CLECrequire the use of CLEC's contiguous space. Upon notification, CLEC willhave seventy-two (72) hours to indicate its intent to submit a CollocationApplication or Collocation Reservation. CLEC may choose to terminatethe contiguous space Option or continue without the contiguous provision. 3.4.7.4 The rate elements for t~e Collocation Space Option are comprised of the following: ' . a) Space Option AdministrationFee is a nonrecurring fee for all Collocation Space Option req~!1~ts 'and covers the processing of application , feasibility, common, space engineering, records Amendment to DEN-970311-4414 , "" , management, and administratiqn' of the First Right of Refusalprocess. , :. ' b) Space Option Fee is am'ol1thly recurring fee that will be charged based upon the amourit6f space being optioned, at two dollars ($2.00) per square foot pe:kmonth. 3.4.In the event that the Option Party proceeds with a Collocation Application for optioned space all payments made pursuant to Section 3.4.1.7.4(b) above shall be applied to such Application. 3.4.Reserved for Future Use. Ordering - Virtual Collocation 3.4.Application -- Upon receipt of a complete Collocation Application as described in Section 3.4., Qwest will perform' a feasibility study to determine if adequate space, power and HV AC can be found for the placement of CLEC's equipment within the Premises. The feasibility study will be provided within ten (10) calendar Days of receipt of a complete Application. 3.4.If Qwest determines that theARpliqation is not complete, Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days of the Application. Qwest shall provide sufficient detail so that CLEC has a reasonable opportunity to cure each deficiency. To retairlitsplace in the Collocation queue for the requested Premises, CLEC must cure ariY'deficiencies in its Application and resubmit the Application within ten (1 0) caJ~.ngar Days after being advised ofthe deficiencies. " -"' 3.4.Quotation - If Collocation entrance fa~Jlities and space are available Qwest will develop a price quotation within twenty-fivei (2$) c~lendar Days of completionof the feasibility study. Subsequent requests to augrnE;nt an existing Collocation also require receipt of an Application. Adding plug-ins , e., DS1 or DS3 cards to existing virtually collocated equipment, will be processed and provisioned within ten (10) business days. Virtual Collocation price quotes will, Qehonored for thirty (30) calendar Days from the date the quote is provided. During this period the Collocation entrance facility and space are reserved pending CLEC's Accept~n8e of the quoted charges. 3.4.Acceptance -- Upon receipt of complete Collocation Acceptance, as described in 3.4., space will be reserved and construction by Qwest will begin. 3.4.2.4 Interval -- The interval for Virtual Collocation shall vary depending upon four (4) factors - 1) whether the request was forecasted in accordance with Section 3.4.1.4 or the space was reserved , in accordance with, Section 3.4.7; 2) whether CLEC provides its Acceptance within seven (7) calendar Days receipt of the quotation; 3) whether CLEC delivers its collocated equipment to 'qwest in a timely manner, which shall mean within fifty-three (53) calendar Days of the receipt of the complete Collocation Application; and 4) whether the Application requires rn.ajorinfrastructure additions or modifications. The installation of line cards and other minor modifications shall be performed by Qwest on shorter intervals and in no instance shall any such interval exceed thirty (30) calendar Days. When Qwest ,is perm,ltted to complete a Collocation installation in an interval that is longer than the standard~intervals set forth below, Qwestshall use its best efforts to minimize the extension of the.intervals beyond such standard intervals. Amendment to DEN-970311-4414 , , 3.4.2.4.Forecasted Applications with Timely Acceptance - If an Application is included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Application, and if CLEC provides a complete Acceptance within seven (7) calendar Days of receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty- three (53) calendar Days after receipt of the complete Collocation Application Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar Days of the receipt of the complete Collocation Application. CLEC's equipment is not delivered to Qwest within fifty-three (53) calendar Days after receipt of the complete Collocation Application, Qwest shall complete the Collocation installation within forty-five (45) calendar Days of the receipt of all of the CLEC's equipment. 3.4.2.4.2 Forecasted Applications with Late Acceptance - If a Premises is included in CLEC's forecast at least sixty (60)i 9~J~ndar Days prior to submission of the Application , and if CLEC provides a co'rT~plete Acceptance more than seven (7) calendar Days but less than thirty (3Q),calendar Days after receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) calendar Days after receipt of the complete Collocation Acceptance, Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar Days of the receipt of the complete Collocation Acceptance. If CLEC's:equipment is not delivered to Qwest within fifty-three (53) calendar Days ; ?tfter receipt of the complete Collocation Acceptance, Qwest shall complet~the Collocation installation within forty-five (45) calendar Days of the receipt of all of the CLEC's equipment. If CLEC submits its Acceptance more than thirty: (?9) calendar Days after receipt ofthe Qwest quotation , the Application shall be~~sLibmitted byCLEC. 3.4.2.4.Unforecasted Applications , wit/) Timely Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Application, and if space is available and conditioning, but not major infrastructure , is required , and, if CLEC provides a complete Acceptance within seven (7) calendar Days of receipt of the Qwest Collocation quotation, and if all of CLEC's equipment is available at the Qwest Premises no later than fifty-three (53) calendar Days after receipt of the complete Collocation Application, Qwest shall complete its installatioh::'6r the Collocation arrangementwithin one hundred and twenty (120) calendar-Days of the receipt of the complete Collocation Application. If space,\is . available and no special conditioning is required and if all of CLEC's eqli!pment is available at the Qwest Premises no later than fifty-three (53) calendar Qaysafter receipt of the complete Collocation Application, Qwest shall complete It,installation of the Collocation arrangement within ninety (90) Days of theredejpt of the complete Collocation Application. If CLEC's equipment is not deliv~red to Qwest within fifty-three (53) calendar Days after receipt of the completeColiopation Application, Qwest shall complete the Collocation installation within seventy-five (75) calendar Days of the receipt of all of the CLEC's equipment. ' 3.4.2.4.4 Unforecasted Applications witti~ate Acceptance - If a Premises is not included in CLEC's forecast at least" shcty' (60) calendar Days prior to submission of the Application, and if space is available and some conditioning, but not major infrastructure is required, and -.if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days after receipt of the Qwest Collocation quotation, and if all of CLEC'equipment is available at the Qwest Premise~' no later than fifty-three (53) calendar Days after receipt of the complete Cqllpcation Acceptance , Qwest shall AmendmenttoDEN-970311-4414 33 complete its installation of the Collocation arrarigement within one hundred and twenty (120) calendar Days of the receip( of the complete Collocation Acceptance. If space is available and no sped'al conditioning is required and if all of CLEC's equipment is available at the Qwest Premises no later than fifty- three (53) calendar Days after receipt of the complete Collocation Acceptance Qwest shall complete its installation of the Collocation arrangement within ninety (90) Days of the receipt of the complete Collocation Acceptance. If CLEC' equipment is not delivered to Qwest within fiftY,4hree (53) calendar Days after receipt of the complete Collocation Acceptance; Qwest shall complete the Collocation installation within seventy-five (75) c~lendar Days of the receipt of all of the CLEC's equipment. . 3.4.2.4.Intervals for Major Infrastructure Modifications Where Forecast is Provided - An unforecasted Gollocation Application may require Qwest to complete major infrastructure modifici:ltions to accommodate CLEC' specific requirements. Major infrastructure modifications that may be required include conditioning space, permits , DC Power Plant, Standby Generators Heating, Venting or Air Conditioning Equipment The installation intervals in Sections 3.4.2.4.through 3.4.2.4.4 may be extended if required , to accommodate major infrastructure modifications. When major infrastructure modifications as described above are required , and if all of CLEC's equipment is available at the Qwest Premises no later than fifty."three (53) calendar Days after receipt of the complete Collocation Application Qwest shall propose to complete its installation of the Collocation arrangement Within an interval of no more thanone hundred and fifty (150) calendar DaY\~'after receipt of the complete Collocation Application. The need for, and the .q~~ation of, an extended interval shall be provided to CLEC as a part of the ,cil:lQ~~ti()n. CLEC may dispute the need for, and the duration of, an extended in~eNal , in which case Qwest must request a waiver from the Commission to obtain :~r;i extended interval. 3.4.2.4.Major Infrastructure Modificati6ps where CLEC Forecasts its Collocation or Reserves Space. - If CLEC's fqr~cast .or reservation triggers the need for an infrastructure modification , Qwest shall take the steps necessary to ensure that it will meet the intervals set forth jq$ections 3.4.2.4.1 and 3.4.2.4. when CLEC submits a Collocation ApplicatiC\p:;i!,not withstanding these efforts Qwest is unable to meet the interval and canpot:r~ach agreement with CLEC for an extended interval, Qwest may seek a wai'lerifrom the Commission to obtainan extended interval. . i . , i/! Ordering - Caged and Cageless Physical C~Hocation 3.4.Application -- Upon receipt of a complete Collocation Application asdescribed in Seqtion 3.4.5 Qwest will perform a feasibility study to determine if adequate space, power, and HVAC can be found for:the placement and operation of CLEC's equipment within the Premises. The feasibility~tudy. will be provided within ten (10) calendar Days from date of receipt of a complete Applicc;ltion. ' ',:'""" 3.4.If Qwest determines that the Application is not complete , Qwestshall notify CLEC of any deficiencies within " ,~~ (10) calendar Days of the Application. Qwest shall provide sufficient detail-so that CLEC has a reasonable opportunity to cure each deficiency. To retainit~'place in the Collocation queue for the requested Premises, CLEC must cure , ,~~y, deficiencies in its Application and resubmit the Application within ten (1 0) caleri~ar Days after being advised ofthe deficiencies. ' . ., : Amendment to DEN-970311-4414 , ;.r;:' 3.4.Quotation -- If Collocation entrance facihties and space are available Owest will develop a quote for the supporting structl,Jre. ' Owest will complete the quotation no later than twenty-five (25) calendar Days of providing the feasibility study. Physical Collocation price quotes will be honored for thirty (30) calendar Days from the date the quote is provided. During this period , the qollocation entrance facility and space is reserved pending CLEC's Acceptance of the qpoted charges. 3.4.Acceptance --Upon receipt of a compiete Collocation Acceptance, as described in Section 3.4.6 space will be reserved and construction by Owest will begin. 3.4.3.4 Interval- The interval for Physical ColioGation shall vary depending upon three (3) factors - 1) whether the request was foreca~ted in accordance with Section 3.4.1.4 or the space was reserved, in accordance with Section 3.4.7; 2) whether CLEC provides its Acceptance within seven (7) calendar Days of receipt of the quotation; and 3) whether the Application requires major infrastruCture additions or modifications. When Owest is permitted to complete a Collocation installation in an interval that is longer than the standard intervals set forth below, Qvve:St~hall use its best efforts minimize the extension of the intervals beyond such sta6dard intervals. 3.4.3.4.Forecasted Applications with Tini~ly Acceptance - If a Premises is included in CLEC's forecast at least sixtyj60) calendar Days prior to submission of the Application, and if CLECpr~yides a complete Acceptance within seven (7) calendar Days of receipt ofl~~, Owest Collocation quotation Owest shall complete its installation of the ColIoqationarrangement within ninety (90) calendar Days of the receipt of the complete'Coliocation Application. , ,'" " 3.4.3.4.Forecasted Applications withLa~~Acceptance - If a Premises is included in CLEC's forecast at least sixty (60) calendar Days prior to submission of the Application , and if CLEC provides a ~omplete Acceptance more thanseven (7) calendar Days but less than thirty (3drcalendar Days after receipt of the Owest Collocation quotation, Owest shall ~complete its installation of the Collocation arrangement within ninety (90) calenda( Days of the receipt of the complete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (30) ,calendar Days after receipt of the Qw~st quotation, a new Applicationshall be resubmitted by CLEC. 3.4.3.4.3 Unforecasted Applications With"Timely Acceptance - If aPremises is not included in CLEC's forecasfa(jeast sixty (60) calendar Days prior to submission of the Application , and if space is available and no special conditioning is required, and if CLEC provides a 'complete Acceptance within seven (7) calendar Days after receipt of the Owest Collocation quotation, Owest shall complete its installation of the Collocation arrangement within ninety (90) calendar Days of the receipt of the complete,'Goliocation Application. If aPremises is not included in CLEC's forecasta()east sixty (60) calendar Days prior to submission of the Application, anditsome conditioning, but not major infrastructure, is required , and if CLEC proviqesa complete Acceptance within seven (7) calendar Days after receipt of the Owes! Collocation quotation , Owest shall complete its installation of the Collocation arrangement within one hundred and twenty (120) calendar Days of the receipt of the complete CollocationApplication. - , 1 '3.4.3.4.4 Unforecasted Applications with Late Acceptance - If a Premises is not included in CLEC's forecast at least sixty (60) calendar Days prior tosubmission of the Application, and if space is available and no special conditioning is required, and if CLEC provides ~;~omplete Acceptance more than Amendment to DEN-970311-4414 seven (7) calendar Days but less than thirty (30) calendar Days after receipt the Qwest Collocation quotation , Qwest shall complete its installation of the Collocation arrangement within ninety (90) calendar Days of the receipt of the complete Collocation Acceptance If a Premises is not included in CLEC' forecast at least sixty (60) calendar Days prior ~o submission of the Application and if space is available and conditioning, but notmajdr infrastructure, is requiredand if CLEC provides a complete Acceptance more than seven (7) calendar Days but less than thirty (30) calendar Days "after receipt of the Qwest Collocation quotation, Qwest shall complete its installation of the Collocation arrangement within one hundred and twenty (120)~calendar Days of the receipt the complete Collocation Acceptance. " 3.4.3.4.Intervals for Major InfrastructUre Modifications Where Forecast is Provided - An unforecasted Collocation Application may require Qwest to complete major infrastructure modificationsto accommodate CLEC' specific requirements. Major infrastructure modifications that may be requiredinclude conditioning space , permits, DC power plant, standby generators heating, venting or air conditioning equipment?' The installation intervals in Sections 3.4.3.4.through 3.4.3.4.4 may pe extended if required, toaccommodate major infrastructure modifications. When major infrastructure modifications as described above are required, Qwest shall propose to complete its installation of the Collocation Arrangement wi~hin an interval of no more thanone hundred and fifty (150) calendar Days ,after receipt of the complete Collocation Application. The need for, and thep.uration an extended interval shall be provided to CLEC as a part of the qu,otation. CLEC may dispute the need for, and the duration an extended inteival in which case Qwest must request a waiver from the Commission to obtain-an ,extended interval. 3.4.3.4.Major Infrastructure Modific~ti.QQswhere CLEC Forecasts its Collocation or Reserves Space. If CLEC's for$.c~st or reservation triggers the need for an infrastructure modification, Qwest sbqlI take the steps necessary to ensure that it will meet the intervals set forth in Sections 3.4.3.4.1 and 3.4.3.4. when CLEC submits a Collocation Application. If not withstanding these efforts Qwest is unable to meet the interval and cannotJ~ach agreement with CLEC for an extended interval, Qwest may seek a wahl~,r;,frpm the Commission to obtain an extended interval. Ordering - Interconnection Distribution Fr-ame (ICDF) Collocation ""' 3.4.4.Application -- Upon receipt of a complete Collocation Application asdescribed in Section 3.4., Qwest will perform , a f~asibility study to determine ifadequate space can be found for the placement and ' operation of CLEC's terminationswithin the Wire Center. The feasibility study will be provided within ten (10) calendar Days from date of receipt of a complete Application. The ICDF Collocation Applicationshall include a GLEe-provided eighteen (18) month forecast of demand, by DSO, DS1 and DS3 capacities, that will be terminated on the Interconnection Distribution Frame by Qwest on behalf of CLEC. Such forecasts shall be. u~,ed by Qwest to determine the sizing of required tie cables and the terminations on~achlnterconnection DistributionFrame as well as the various other frames within the Qwest Wire Center. " "-, " 3.4.4.If Qwest determines that the' A'ppYicati on is not complete, Qwestshall notify CLEC of any deficiencies withinl~n (10) calendar Days of theApplication. Qwest shall provide sufficient detqilso that CLEC has a reasonableopportunity to cure each deficiency. To retai'1 it~' place in the Collocation queuefor the requested Premises, CLEC must cure ~r:t~deficiencies in its Application Amendment to DEN-970311-4414 36 'f. ' and resubmit the Application within ten (10) calen'darDays after being advised ofthe deficiencies. . :1;. 3.4.4.Quotation -- If space is available, Qwest will develop a quote for the supporting structure. Qwest will complete the quotation no later than twenty-five (25) calendar Days of providing the feasibility study. ICDFGoliocation price quotes will be honored for thirty (30) calendar Days from the datethe quote is provided. During this period, the space is reserved pending CLEC's Acceptance of the quoted charges. 3.4.4.Acceptance -- Upon receipt of a corppl te Collocation Acceptance, as described in Section 3.4., space will be reserved and construction by Qwest will begin. 3.4.4.4 Interval - The interval for ICDF Collocation shall vary depending upon two (2) factors - 1) whether the request was forecasted in accordance with 3.4.1.4 or the space was reserved, in accordance with Section 3.4.1 ;7 and 2) whether CLEC provides its Acceptance within seven (7) calendar Days otthe.' quotation. When Qwest is permitted to complete a Collocation installation in an'j'nterval that is longer than the standard intervals set forth below, Qwest shall use, its . best efforts to minimize the extension of the intervals beyond such standard intervals. . 3.4.4.4.Forecasted Applications with Tiri.:l,ely Acceptance - If a Premises is included in CLEC's forecast at least sixtY' (60) calendar Days prior to submission of the Application, and if CLEC provides a complete Acceptance within seven (7) calendar Days of receipt ofJhs, Qwest Collocation quotation Qwest shall complete its installation of the Collqcation arrangement within forty- five (45) calendar Days of the receipt of the coJT1pi'ete Collocation Application. 3.4.4.4.Forecasted Applications with Late Acceptance - If a Premises is included in CLEC's forecast at least sixty (60) c~le!ndar Days prior to submission of the Application, and if CLEC provides a cp);rlplete Acceptance more than seven (7) calendar Days but less than thirty (30tcalendar Days after receipt of the Qwest Collocation quotation, Qwest shallc6mplete its installation of the Collocation arrangement within forty-five (45) calendar Days of the receipt of the complete Collocation Acceptance. If CLEC supmits its Acceptance more than thirty (30) Days after receipt of the Qwest quotation, the Application shall beresubmitted by CLEC. . ' 3.4.4.4.Unforecasted Applications with , Timely Acceptance - If aPremises is not included in CLEC's forecastaf'least sixty (60) calendar Days prior to submission of the Application, ancLif CLEC provides a complete Acceptance within seven (7) calendar Days afterreceipt of the Qwest Collocation quotation, Qwest shall complete its installation ,of the Collocation arrangementwithin ninety (90) calendar Days of the receipt-of the complete Collocation Application. This interval may be lengthenedJf space must be reclaimed or reconditioned. The need for an extended interVal shall be provided to CLEC as a part of the quotation. CLEC may dispute the,qe~d for an extended interval , in which case Qwest must request a waiver fromth~Co~mission, 3.4.4.4.4 Unforecasted Applications withl,ateAcceptance - If a Premises is not included in CLEC's forecast at least 'si#y(6Q) calendar Days prior to submission of the Application and if CLEC provide~ a complete Acceptance more than seven (7) calendar Days but less than thirti;(30) calendar Days after receipt of the Qwest Collocation quotation, Qwest shall;omplete its installation of the Collocation arrangement within ninety (90) calendar Days of the receipt of the Amendment to DEN-970311-4414 . ... complete Collocation Acceptance. This intervalniay be lengthened if space must be reclaimed or reconditioned. The need for an extended interval shall be provided to CLEC as a part of the quotation. GLEC may dispute the need for an extended interval, in which case Qwest must request a waiver from the Commission. Ordering - Adjacent Collocation 3.4.5.If space for Physical Collocation ina particular Qwest Premises is not available at the time of CLEC's request, CLEC rriay request Qwest to conduct a feasibility study for Adjacent Collocation for that Premises'site. Qwest recommends that Qwest and CLEC conduct a joint site visit of such Pre/:nises to determine if suitable arrangements can be provided on Qwest's property. Qvvest will make available, within ten (10) business days , drawings of the Qwest physical structures above and below ground for the requested Adjacent Collocation site. " '; , , .c" " ' 3.4.If a new structure is to be constructedAhe'interval shall be developed on an Individual Case Basis, to account for the granting of permits or ROW, if required, the provision of Collocation services by Qwest, in accordance with CLEC's Application, and the construction by CLEC of the adjacent structure~, 'If CLEC disputes the interval proposed by Qwest, Qwest must promptly petition the Commission for approval of suchdisputed interval. 3.4.If Adjacent Collocation is provided within an existing Qwest Premises the ordering procedures and intervals for Physical Collocation shall apply. Ordering - Remote Collocation and Adjacent Remote Collocation 3.4.The ordering procedures and intervals for Physical Collocation or Virtual Collocation shall apply to Remote Collocation, and tqAdjacent Remote Collocation provided within an existing Qwest Premises, excep('~ectlons 3.4.3.4.3 and 3.4.3.4.4. Remote Collocation and Adjacent Remote Collocatiori areordered using the RemoteCollocation Application Form. '. . 3.4.If space for Physical Collocation orV(aUal Collocation , in a particular Qwest Remote Premises , is not available at the time of CLEC's request, CLEC may order Adjacent Remote Collocation using the orderingprQcedures described above for Adjacent Collocation in Sections 3.4.1 and 3.4.2. . ,. ' Ordering - CLEC to CLEC Connections 3.4.Application -- Upon receipt of theapp,licable portions of a completeCollocation Application as described in Section 3.4..1;5 (Subsections a, e, h and D.Qwest will perform a feasibility study to determine if adequate cable racking can be found for the placement of CLEC's copper, coax, qrJiber optic cable , or any otherTechnically Feasible method used to interconnect CLEC:s collocated equipment that isin separate locations in the same Qwest Premises, or h) another CLEC's equipment in the same Premises. The feasibility study will be provided within ten (10) calendar Daysfrom date of receipt of a complete Application "", , 3.4.If Qwest determines that the Appli~ation' is not complete , Qwestshall notify CLEC of any deficiencies within' t~n (1 0) calendar Days of theApplication. Qwest shall provide sufficient det~il"spthat CLEC has a reasonable opportunity to cure each deficiency. CLEC mLJstcure any deficiencies in its Application and resubmit the Application withi~.;ten (10) calendar Days after Amendment to DEN-970311-4414 , !:, ' being advised of the deficiencies. 3.4.Quotation -- If existing cable racking is 'available, Qwest will provide CLEC with a quote and the specific cable rack route to C;LI~:Cwith the feasibility study. If additional cable racking is required to accommodate,CLEC's request, Qwest shall provide a quote to CLEC no later than ten (10) calendarDays of providing the feasibility study. CLEC-to-CLEC Connection quotes will be horiqred for thirty (30) calendar Days from the date the quote is provided. During this period , the space is reserved pending CLEC's Acceptance of the quoted charges. 3.4.Acceptance -- There are two (2) form~i otAcceptance for CLEC-to-CLEC Connections: 3.4.1 CLEC-to-CLEC connections with existing cable rack. - CLEC must submit payment of one hundred percent (100%) of the quoted nonrecurring charges with its Acceptance. Upon receipt of a complete Collocation Acceptance, CLEC may begin placement of its copper, coax, or fiber cables along the Qwest designated cable rack route. Recurring charges will begin with CLEC Acceptance. 3.4.2 CLEC-to-CLEC Connections, using new cable rack. - Upon receipt of a complete Acceptance from CLEC as. described in Section 3.4.1. Qwest will begin construction of the new cable rack. 3.4.7.4 Interval - Pursuant to Section 3.4.:?, the construction interval for CLEC-to-CLEC Connections requiring the constructio(tcifrew cable rack by Qwest shall be within sixty (60) calendar Days of the receipt of the C9r;nplete Collocation Acceptance. If CLEC submits its Acceptance more than thirty (3Q)9al~ndar Days after receipt of the Qwest quotation , the Application shall be resubmittect b9,'cLEC. Ordering - Direct Connections 3.4.Application - Where Direct Connection-:is requested in a Wire Center where CLEC already has established Collocation, upon receipt of the applicable portions of a complete Collocation Application as described ihSection 3.4.5 (Subsections a, e hand D, Qwest will perform a feasibility study to determine if adequate cable racking can be found for the placement of copper, coax , or fiber opti,c cable , or any other Technically Feasible method , used for Direct Connection (as described in Section 3.11.2). The feasibility study will be provided within ten (10) calendar Days from date of receipt of acomplete Application. 3.4.If Qwest determines that the App,lication is not complete , Qwestshall notify CLEC of any deficiencies within ten, (10) calendar Days of the Application. Qwest shall provide sufficient detaiiso that CLEC has a reasonable opportunity to cure each deficiency. To retain its place in the Collocation queue for the requested Premises, CLEC must cureaqy deficiencies in its Application and resubmit the Application within ten (1 O)ca,lehqar Days after being advised ofthe deficiencies. (',::.. 3.4.Quotation - If existing cable racking Js:available, Qwest will provide CLEC with a quote and the specific cable rack route , with the feasibility study. additional cable racking is required to accommodate CLEC's request, Qwest shall provide a quote to CLEC no later than ten (10) calendarDays after receipt of a complete Collocation Application. Direct Connection quotes will,pehonored for thirty (30) calendarDays from the date the quote is provided. During1hi~, period , the space is reserved Amendment to DEN-970311-4414 pending CLEC's Acceptance of the quoted charges. , " 3.4. Connection: Acceptance - There are two (2)fbrms of Acceptance for Direct 3.4.Direct Connection with existing cable rack. CLEC must submit payment of one hundred percent (100%) of the quoted nonrecurring charges with its acceptance notification. ' . . 3.4.Direct Connection using new cable rack. - Upon receipt of a complete Acceptance from CLEC, as described in Section 3.4., Qwest will begin construction of the new cable rack. 3.4.8.4 Interval - The construction interval for rDirect Connections shall be dependent upon whether the Direct Connection is to the' COSMICTM frame requiring MELDTM and or if new cable racking is required. 3.4.8.4.If CLEC provides a complete; Acceptance within thirty (30) calendar Days of receipt of the Qwest Collpcation quotation, Qwest shall complete its installation of the Direct Connection above the DSO level where no new cable racking is required within thirty (30) calendar Days of the receipt of the complete Collocation Acceptance. If Direct Connection is required at the DSO level, to the COSMICTM, or if new cable racking needs to be installed , Qwest will provision the direct trunking within sixty (60) caleodar Days of the receipt of the complete Collocation Acceptance. . . ' . Billing Billing - All Collocation Upon completion of the Collocation construction activities and payment of the remaining nonrecurring balance, Qwest will proVi(!Je :CLEC a completion package that will initiate the recurring Collocation charges. Once ' this completion package has been signed by CLEC and Qwest, and Qwest has received the final fifty percent (50%) balance, Qwest will activate CLEC transport services arid/or UNEs or ancillary services coincident with completion of the Collocation. ' ,;:; , , In the event Qwest has completed all associated construction activities and CLEC has not completed its associated activities(e;g~, delivering fiber to the C-POI or providing the equipment cables for connecting " teethe Interconnection Distribution Frame), Qwest will bill an adjusted amount of the remaining nonrecurring balance , closethe job, and begin Billing the monthly recurring rent charge. In those instances where the job is delayed due to CLEC not having its fiber toth'e POI , Qwest will request the balance due minus the dollar amount specific to thiswdrk activity, and begin Billing the monthly recurring rent charge. Once CLEC has conipj~ted fiber placement, CLEC canrequest Qwest to return and complete the splicing activity at the rate reflected in thisAgreement. In the case of missing equipment cables , CLEC will be responsible for installing the cables if not delivered at job completion. The installation activity must be conducted by a Qwest approved vendor and follow the designated racking route. Finaltest and turn-up will be performed under the Maintenance and Repair process contained herein. Billing - Virtual Collocation " .' Virtual Collocation will be considered ;cgmplete when the Premises is Amendment to DEN-970311-4414 40 :c,C: Ready for Service (RFS). Cooperative testing between CLEC and Qwest may be negotiated and performed to ensure continuity and acceptable transmission parametersin the facility and equipment. Billing - Caged and Cageless Physical Collocation Payment for the remaining nonrecurring charges shall be upon the RFS date. Upon completion of the construction activitie~and payment of the remaining nonrecurring charges, Qwest will schedule with CLEC a walk through of the space. During this joint walk through, Qwest will turn over .:iqcess to the space and provide security access for the Premises. Upon completiqr1 of. ~he Acceptance walk through CLEC will be provided the Caged or Cage less Physic~1 'Cpllocation completion package. The monthly Billing for leased space, DC Power, Entran~e Facility, and other associated monthly charges will commence with CLEC sign ofLoh the completion of the physicalspace. CLEC may then proceed with the installation ofhs equipment in the Collocation space, unless early access has been arranged pursuant to Section 3.7. If Qwest despite its best efforts including notification through the contact number on the Collocation Application , is unable to schedule the walk through with CLEC within twenty- one (21) calendarDays of the RFS , Qwest shall activ~te the monthly recurring charges. Maintenance and Repair Virtual Collocation " " Maintenance Labor, Inspector Labor, Engineering Labor and Equipment Labor business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm (local time) and after business hours are after 5:00 pm and before 8:00 am (local time), Monday through Friday, all day Saturday, Sunday and h'dlidays. .';, Installation and maintenance of CLEQ'virtually collocated equipment will be performed by Qwest or a Qwest authorized vendor, Upon failure of CLEC'virtually c6116.9,ated equipment, Qwest will promptly notify CLEC of such failure and the correctiveattion that is needed. Qwest will repair such equipment within the same time periods "i).d:With failure rates that are no greater than those that apply to the performance of similar functions for comparable equipment of Qwest. CLEC is responsible for transportation and delivery maintenance spares to Qwest at the Premises housing the failed equipment. CLEC is responsible for purchasing and maintaining a supply of spares. Physical Collocation CLEC is responsible for the Maintenance and Repair of its equipment located within CLEC's leased space. . . Interconnection Distribution Frame CLEC is responsible for block and ju ~:l"lnventory and maintenance at the Interconnection Distribution Frame and using il;1d,u:stry accepted practices for itsterminations. Additionally, CLEC is responsible for having jumper wire and tools forsuch operations. Qwest is responsible for the overaliJepair and maintenance of theframe; including horizontal and vertical mounting po~ltiQJ1s, cable raceways, rings, andtroughs, and general housekeeping of the frame. . . Amendment to DEN-970311-4414 . " '' ," ," Adjacent Collocation and Adjacent Remot~"Coliocation 6.4.CLEC is responsible for the Maintenance and Repair of its equipment located within CLEC's Adjacent Collocation and Adjacent Remote Collocation space. Section 4.0 - NETWORK SECURITY Protection of Service and Property. Each Party shall exercise the same degree of care to prevent harm or damage to the other Party and any third parties, its employees , agents or End User Customers , or their property as it employs to protect its own personnel, End UserCustomers and property, etc. Each Party is responsible to provide security and privacy of communications. This entails protecting the confidential nature of Telecommunications transmissions between End User Customers during technician work operations and at all times. Specifically, no employee, agent or representative shall monitor any circuitst3xcept as required to repair or provide service of any End User Customer at any time.Npr shall an employee , agent or representative disclose the nature of overheard conversations, or who participated in such communications or even that such communication has taken plqce. Violation of such security may entail state and federal criminal penalties, as well as civil penalties. CLEC is responsible for covering its employees on such security requirements andipenalties. The Parties' Telecommunications networks are 'part of the national security network, and as such, are protected by federal law. Deliberate:~abotage or disablement of any portion of the underlying equipment used to provide the network is a violation of federal statutes with severe penalties, especially in times of national emergencyor state of war. The Parties are responsible for covering their employees on such security requirements and penalties.4.4 Owest andCLEC share responsibility for security and network protection for each Collocation arrangement., Each Party s employees, agents or representatives must secure itsown portable test equipment, spares , etc. and shall not use ,the test equipment or spares of other parties. Use of such test equipment or spares without written permission constitutes theft and may be prosecuted. Exceptions are the use of Owest ladders in the Wire Center, either rolling or track, which CLEC may use in the course of work operations. Owest assumes no liability to CLEC , its agents, employees or representatives ifCLEC uses a Owest ladderavailable in the Wire Center. " .: . Each Party is responsible for the physical seciJdty of its employees , agents orrepresentatives. Providing safety glasses, gloves, etc. m~st' be done by the respective employing Party. Hazards handling and safety procedures relative to the Telecommunications environment is the training responsibility of the employing Party.,Proper use of tools , ladders and test gear is the training responsibility of the employing Party In the event that one Party s employees, agents or representatives inadvertentlydamage or impair the equipment of the other Party, prompLnptification will be given to thedamaged Party by verbal notification between the Partie~"technicians at the site or bytelephone to each Party s 24 x 7 security numbers. . . Each Party shall comply at all times with OweSt security and safety procedures and requirements while performing work activities on Owest's Premises. Owest will . allow CLEC to inspect or observe ' spaces which house or containCLEC equipment or equipment enclosures at any time andtqfurnish CLEC with all keys, entrycodes, lock combinations, or other materials or information wtifc;h may be needed to gain entry Amendment to DEN-970311-4414 " , into any secured CLEC space, in a manner consistent with that used by Qwest. Qwest will , limit the keys used in its keying,systenis for enclosed collocated spaces which contain or house CLEC equipment or equipment enclosures to its employees and representatives to emergency access only. CLEC shall further have the right to change locks where deemed necessary for the protection and security of such spaces.10 Keys may entail either metallic keys or combination electronic ID/key cards. It is solely the responsibility of CLEC to ensure keys are not shared with unauthorized personnel and recover keys and electronic ID/keys promptly from dis~ha'rged personnel , such that office security is always maintained. Qwest has similar responsibil~tyf6r its employees. guidelines. CLEC will train its employees, agents and vendors on Qwest security policies and 12 When working on Qwest ICDF Frames or in Qwestiscommon or CLEC equipment line-ups, Qwest and CLEC employees, agents and vendors agree to adhere to Qwest quality and performance standards provided by Qwest and as specified in this Agreement.13 CLEC shall report all material losses to Qwest Security. All security incidents are to be referred directly to local Qwest Security - 1-888-879-7328. In cases of emergency, CLEC shall call 911 and 1-888- 879-7328.14 Qwest and CLEC employees, agents . and , . vendors will display the identification/access card above the waist and visible at all times: '15 Qwest and CLEC shall ensure adherence by' their employees , agents andvendors to all applicable Qwest environmental health and safety regulations. This includes all fire/life safety matters, OSHA, EPA, Federal, State and local rE;!gulations, including evacuationplans and indoor air quality. " ';' and gates.17 CLEC will report to Qwest all property and equipment losses immediately, any lost cards or keys, vandalism, unsecured conditions, security violations, anyone who is unauthorized to be in the work area or is not wearing the Qwest identificati9n(~~cess card. Qwest and CLEC employees, agents and vengdr~. will secure and lock all doors 18 Qwest and CLEC's employees, agents and yebdors shall comply with Qwest Central Office fire and safety regulations, which include but are not limited to, wearing safety glasses in designated areas, keeping doors and aisles free and clean of trip hazards such as wire, checking ladders before moving, not leaving test equipment or tools on rolling ladders, notblocking doors open , providing safety straps and cones in installation areas, using electrostaticdischarge protection, and exercising good housekeeping. 19 Smoking is not allowed in Qwest buildings, Wire. Genters , or other Qwest facilities.No open flames shall be permitted anywhere within the buildings, Wire Centers or otherfacilities. Failure to abide by this restriction may result in deniCil'of access for that individual andmay constitute a violation of the access rules, subjecting CLE~ 'employee, agent or vendor todenial of unescorted access. Qwest shall provide written notic~vyithin five (5) calendar Days ofa CLEC violation of this provision to CLEC prior to denial 6faccess and such notice shall include: 1) identification of the violation of this provision and the personnel involved , 2)identification of the safety regulation violated, and 3) date and!Q~ation of such violation. CLEC will have five (5) calendar Days to remedy any such violation '(or which it has received noticefrom Qwest. In the event that CLEC fails to remedy any such violation of which it has received notice within such five (5) calendar Days following receipt ofsLJGO notice , CLEC shall be denied Amendmentto DEN-970311-4414 43 . ,:"=' , unescorted access to the affected Premises. In the eventGL.EC disputes any action Qwest seeks to take or has taken pursuant to this provision, CLEClT)ay pursue immediate resolution by expedited Dispute Resolution. ' ,, " 20 No flammable or explosive fluids or materials are to be kept or used anywhere within the Qwest buildings or on the grounds.21 No weapons of any type are allowed on Qwest Premises. Vehicles on Qwest property are subject to this restriction as well. 22 Except as otherwise provided in this SGA T CLEC's employees , agents or vendors may not make any modifications, alterations , additions or repairs to any space within the building or on the grounds, provided , however, nothing in Section 4 shall prevent CLEC , its employees or agents from performing modifications, alterations, additions or repairs to its ownequipment or facilities. 23 Qwest employees may request CLEC's employees; agents or vendors to stop anywork activity that in their reasonable judgment is a jeopardy:to personal safety or poses apotential for damage to the Qwest Premises , Qwest equipment: or Qwest services within the facility until the situation is remedied. CLEC employees may report any work activity that in their reasonable judgment is a jeopardy to personal safety or poses.potential for damage to thebuilding, CLEC equipment or CLEC services within the facilitYf to Qwest Service Assurance(800-713-3666) and the reported work activity will be immedi9tEf,ly stopped until the situation is remedied. In the event such non-compliant activity occurs in :aQwest Central Office, notification of the non-compliant activity may be made to the Central Offic.e supervisor, and the CentralOffice supervisor shall immediately stop the reported work actiyity until the situation is remedied. The compliant Party shall provide immediate notice of the non-compliant work activity to the non-compliant Party and such notice shall include: 1) identification of the non-compliant work activity, 2) identification of the safety regulation violated , ~nd ~) date and location of safetyviolation. If such non-compliant work activities pose an immediate threat to the safety of the other Party s employees, interference with the performance of the other Party s serviceobligations, or pose an immediate threat to the physical integrity of the other Party s facilitiesthe compliant Party may perform such work and/or take action as is necessary to correct the condition at the non-compliant Party s expense. In the event the non-compliant Party disputes any action the compliant Party seeks to take or has taken pur~uant.to this provision, the non-compliant Party may pursue immediate resolution by expeditedOispute Resolution. If the non- compliant Party fails to correct any safety non-compliance within ten (10) calendar Days ofwritten notice of non-compliance, or if such non-compliancecannotbe corrected within ten (10) calendar Days of written notice of non-compliance, and if the hon-compliant Party fails to takeall appropriate steps to correct as soon as reasonably possible , , the compliant Party may pursue immediate resolution by expedited Dispute Resolution. . . 24 Qwest is nqt liable for any damage, theft or pers(,J1al injury resulting from CLEC' employees, agents or vendors parking in a Qwest parking area . .' 25 CLEC's employees, agents or vendors outside the(designated CLEC access area or without proper identification may be asked to vacate the. ,Premises and Qwest security maybe notified. Continued violations may result in termination oLaccess privileges. Qwest shallprovide immediate notice of the security violation to CLECanqsuch notice shall include: 1)identification of the security violation, 2) identification of thesec::urity regulation violated, and 3)date and location of security violation. CLEC will have fiv.Et(5) 'calendar Days to remedy anysuch alleged security violation before any termination of access privileges for such individual. In the event CLEC disputes any action Qwest seeks to take or ~as taken pursuant to thisprovision, CLEC may pursue immediate resolution by expedited or other Dispute Resolution. Amendment to DEN-970311-4414 ' .'i Centers: Building related problems may be referred to the Qwest Work Environment 800-879-3499 (CO, WY NM) 800-201-7033 (all other Qwest states)27 CLEC will submit a Qwest Collocation Acces~ ' . pplication form for individualsneeding to access Qwest facilities. CLEC and Qwest will ' meet to review applications andsecurity requirements. ' , 28 CLEC employees , agents and vendors will utiliz:eonly corridors, stairways and elevators that provide direct access to CLEC's space or th~,hearest restroom facility. Such access will be covered in orientation meetings. Access shfllL'l1ot be permitted to any other portions of the building. 29 CLEC will collect identification/access cards .foT any employees, agents or vendors no longer working on behalf of CLEC and forward ttiem. to Qwest Security. If cards or keys cannot be collected, CLEC will immediately notify Qwest af~00-210-8169.30 CLEC will assist Qwest in validation and verification of identification of itsemployees, agents and vendors by providing a telephone contact available seven (7) Days a week, twenty-four (24) hours a Day.31 Qwest and CLEC employees, agents and vendors will notify Qwest SeNiceAssurance (800-713-3666) prior to gaining access into a Central Office after hours , for the purpose of disabling Central Office alarms for CLEC access. Normal business hours are 7:00 m. to 5:00 p.m. 32 CLEC will notify Qwest if CLEC has information th~flts employee , agent or vendorposes a safety and/or security risk. Qwest may deny accessHt6'anyone who in the reasonable judgment of Qwest threatens the safety or security of facilities or personnel.33 CLEC will supply to Qwest Security, and keep "utf to date, a list of its employeesagents and vendors who require access to CLEC's space.Ttje list will include names and social security numbers. Names of employees , agents or vendors to be added to the list will be provided to Qwest Security, who will provide it to the appropriate Qwest personnel. 5. AMENDMENTS; WAIVERS , ' The provisions of this Amendment, including the provisions of this sentence may not beamended, 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. 6. ENTIRE AGREEMENT This Amendment (including the documents referred to herein) constitutes the full and entireunderstanding and agr~ement between the Parties with. r~gard to the subjects of thisAmendment and supersedes any prior understandings" agreements , amendments, orrepresentations by or between the Parties, written or oral , to the extent they relate in any way to the subjects of this Amendment. Amendment to DEN-970311-4414 , :.: 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. Si tore iLL-1? f/lo vn~-e Name '7)/ RelJ.TDfi I NO fBArons Title (J.p. 13,03 Date Qwest ~~ati Signature AT&T Wireless Services, Inc. L. T. Christensen Name Director - Business PolicyTitle Ii /0 Date Amendment to DEN-970311-4414 Exhibit A Idaho 0 Collocation 1 All Collocation Quote Preparation Fee 125. Quote Preparation Fee- Augment $1,443. Entrance Facility, per Fiber $1.524. Cable Splicing Fiber - Per Set-$464. Per Fiber Spliced ' . $37. 1.4 -48 Volt DC Power Usage, per Power Plant- Less than 60 amps $10. Power Plant- Equal to or Greater Than 60 $8. Power Usage 60 Amps or Less, per Amp $2. Power Usage More Than 60 Amps, per Am $5. -48 Volt DC Power Cable, per 20 Amp Feed $0.$68. 40 Amp Feed , $0.$93. 60 Amp Feed . $0.$104. 100 Amp Feed .. $0.$140. 200 Amp Feed -- $0.$220. 300 Amp Feed ,-, ,. $0.49 $304. 400 Amp Feed $0:63 $394. AC Power Feed AC Power Feed - per 120V $19. 208 V, Single Phase . $33. 208 V, Three Phase $58. 240 V, Single Phase . $39. 240 V, Three Phase $67. 480 V, Three Phase $135. AC Power Feed - per 20 Amp, Single Phas $0.0120 $8. 20 Amp, Three Phase $0.0148 $10. 30 Amp, Single Phas $0;0129 $8. 30 Amp, Three Phase $0.0177 $12. 40 Amp, Single PhasE $0.0152 $10. 40 Amp, Three Phase $0.0209 $14. 50 Amp, Single Phas $0.0180 $12. 50 Amp, Three Phase .., $0.0251 $17. 60 Amp, Single PhasE -$0.0204 $14. 60 Amp, Three Phase $0.0289 $20. 100 Amp, Single Pha~$0.0252 $17. , u Exhibit A Idaho , "' 100 Amp, Three Phas $0.0394 $27.41 Inspector Labor, per Half Hour Regular Hours Rate $27. After Hours Rate, minimum 3 hou $35. Channel Regeneration DS1 Regeneration $12.$323.45 DS3 Regeneration $84.$325. Collocation Terminations DSO Cable Placemen :$0.4706 $215. DSO Cable Placemen ..,, $0.0088 $4, DSO Cable Per 100 P $0.7447 $341. DSO Cable, Per Termi ;$0.0102 $4. DSO Blocks, Per 100 Pair Block $1.2150 $592. DSO Blocks, Per Ter $0.0177 $8. DSO Block Placement $0.4927 $226. DSO Block Placement $0.0067 $3. DS1 Cable Placemen $0.5400 $376. DS1 Cable Placemen " " "." $0.0581 $40.45 DS 1 Cable Per 28 DS $0.5663 $394.48 DS1 Cable, Per Termi $0.0609 $42.42 DS1 Blocks, Per 28 Block, or $0.6427 $447. DS1 Blocks, Per Ter $0.0773 $53. DS1 Block Placement "" $0.1104 $76. DS1 Block Placement $0.0119 $8. " , DS3 Cable Placemen $0.2000 $139. DS3 Cable, Per Termi $0.3649 $254. DS3 Panel/Connector ~$0.37 49 $261. DS3 Panel/ Connect $0.0276 $19. OCn Termination OCn Terminations " $3.622.40 Cable Racking for ::$6.952. CONNECTOR - ADDITIONAL C $1.$441. ..-, .. Security Charge Per employee, per Card $0. Central Office $7. u_. Composite Clock / Central Office Synchronization Synchronization - Composite Clo "" $7.44 Space Availability Charge $344. Exhibit A Idaho Collocation Space Reservation F The charge will be 25% of the Non-Recurri Collocation Space Option Administration Fee 889. Collocation Space Option Fee $2. 2 Virtual Collocation ",- Maintenance Labor, per Half Hour Regular Hours Rate " , $24. After Hours Rate $32. Training Labor, per Half Hour Regular Hours Rate $24. Equipment Bay -recurring, per sh $7.44 2.4 Engineering Labor, per Half Hour Regular Hours Rate $23.47 After Hours Rate $31.41 Installation Labor, per Half Hour Regular Hours Rate $27. After Hours Rate $35. Floor Space Lease, per square fo Zone 1 1",$2. Zone 2 c,,:;'$2. Zone 3 $2. , - 3 Cageless Physical Collocation Quote Preparation Fe 4575.1 & 9 Space Construction ,.. 2 Bays and 1 - 40AMP Power Cable " $32.::i:;;;;::.'1':;I: Each Additional Bay $4.48 121. Adjustment for Single Bay - Change to Stand ($4.48)J::J:.r,'!:;:ISS Adjustment for DC Power Cable - Change to Standard Design 20 Amp-Initial Feed Only, Per Initial Power F '($3.28) :! i: i: i:;: i: i: i: 30 Amp-Initial Feed Only, Per Initial Power F ($2.09):;:.r::i:;:;:::, 60 Amp-Initial Feed Only, Per Initial Power F $2.001.40 1 00 Amp Initial Feed Only, Per Initial Power $14.806. 200 Amp Initial Feed Only, Per Initial Power,$44.i:.r:,Ii:i ,i g:J 300 Amp Initial Feed Only, Per Initial Power ' " $82.46 i: i: ii:J:: i:;: i: 400 Amp Initial Feed Only, Per Initial Power $126.82 :: I: I: i: I: J: I: i: Adjustment for DC Power Cable - AdditionafRower Cables ng Fee --,,--, Exhibit A Idaho 20 Amp-Each Additional Power Feed $6.42 469. 30 Amp-Each Additional Power Feed $7.089. 40 Amp-Each Additional Power Feed $8.146. 60 Amp-Each Additional Power Feed $11.748.42 1 00 Amp - Each Additional Power Feed $28.!f!i fi ii ii ii i: iJ 200 Amp - Each Additional Power Feed $52.i: J: i: :!:i:: /: 300 Amp - Each Additional Power Feed $82.i!:i S S:i:i:i:i 400 Amp - Each Additional Power Feed $117. !: !:g i: i: i:i:i: Floor Space Lease, per Square Foot Zone 1 00 $2. Zone 2 $2. Zone 3 $2. Caged Physical Collocation 8.4.1 Quote Preparation Fee 912.1 & 9 8.4.Space Construction Cage Up to 100 sq Ft (Cage and 1 60 Amp F . $53.i: i: /::,1 I: t::.r , Cage - 101 Sq Ft to 200 Sq Ft (Cage and 1 6 .. $47.:.r:J:J:i:J:J S:i Cage - 201 Sq Ft to 300 Sq Ft (Cage and 1 ,$59.19 ,fj ~. .ri !.' !: J: i: i: Cage - 301 Sq Ft to 400 Sq Ft (Cage and 1 .., $62.i: i: I: i: I.' i::: .., Space Constuction - Fencing Credit ..", Cage Up to 1 00 Sq ,($8.22)ii i: i: i: i: I: I::J Cage 101 - 200 Sq Ft ($10.24)i: i! i:ii:i:,':i:i Cage 201 - 300 Sq Ft ($11.51):i ,i:I,fj.ri:J:i i: Cage 301 - 400 Sq Ft ($12.71)i: i: i: i: i: I: I: ii Adjustment for DC Power Cable - Change to Standard Design 20 Amp Initial Feed Only, Per Initial Power F . ($12.72):J.'t'fJ'!:!:i:i:i: Amp Initial Feed Only, Per Initial Power F ($11.58) ;; g i: i: i: I: i: ii 40 Amp Initial Feed Only, Per Initial Power F ($9.20)i::. ':. ':.r:!:.':i. 100 Amp Initial Feed Only, Per Initial Power . $14.806. 200 Amp Initial Feed Only, Per Initial Power $44.94 :i!i:: i:!:!: ii i! 300 Amp Initial Feed Only, Per Initial Power $82.46 !i.r: i: i: J: I::.r:i 400 Amp Initial Feed Only, Per Initial Power.$126.iil: i: j,I i! :!:i:1 .., DC Power Cable - Added Power Feeds 20 Amp - Each Additional Power Feed $7.556. 30 Amp - Each Additional Power Feed $8.120. 40 Amp - Each Additional Power Feed $10.318. 60 Amp - Each Additional Power Feed $17.:i.'i,i: i: i: i: ii 100 Amp - Each Additional Power Feed $28..ri!.'I:i:i:i:,i:i 200 Amp - Each Additional Power Feed $52.i: i: i::J ;;:i:i r. 300 Amp - Each Additional Power Feed .. $82.i: i!:J:i!i:i fJ' i: 400 Amp - Each Additional Power Feed $117.H:i:i.li i:g i: J! 8.4.Grounding Exhibit A Idaho 2/0 AWG - per Foot $0.0137 $9. 1/0 AWG - per Foot $0:0241 $16. 4/0 AWG - per Foot $0.0282 $19. 350 kcmil - per Foot $0.0369 $25. 500 kcmil - per Foot $0.0424 $29. 750 kcmil - per Foot ' $0.0644 $44. 8.4.4 Floor Space Lease, per Square Foot Zone 1 $2:75 Zone 2 $2. Zone 3 $2. 4 Adjacent Collocation ICB 5 Remote Collocation Physical Remote Collocation Space (per Standard Mounting Unit)$0.$862. FDI Terminations (per binder group)$0.$555. Power See Collocatio n Rates Adjacent Remote Collocation ICB , .. Virtual Remote Collocation - ", Space .-- $0.$862. FDI Terminations (per binder group)$0.$555. Power See Collocatio n Rates "-- Flat Labor Rate, per Job -.., $36. Engineering Rate, per Half Hour $35. Maintenance, per Half Hour ..' $29.40 Installation, per Half Hour $29.40 Training, per Half Hour $29.40 6 CLEC to CLEC Design Engineering & Installation $821. Cable Racking, Per Foot DSO $0;14410 DS1 ,. $0.15475 DS3 $0.13009 Virtual Connections (if applicable DSO (Per 100 , " "' $200. DS1 (Per 28 $93. ",- DS3 (Per 1 $6. Exhibit A Idaho 6.4 Cable Hole (if Applicable)$463. CLEC to CLEC Cross Connection $266. NOTES: Unless otherwise indicated, all rates are pursuant to the Qwest and AT&T Interconnection Denotes voluntary rate reduction.#If. Additional reduction to the voluntary reductions reflected in the AugustS, 2002 exhibit. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Rates proposed in Cost Docket testimony filed on 6/29/01 & 11/16/2001. (TELRIC) Market-based rates. ICB, Individual Case Basis pricing. The State of Idaho has retained the oversight on these rates. These. rat~s are not under the jurisdiction of the Rates not addressed in Cost Docket (TELRIC) Regional TELRIC based where required. A special request is a request by the customer to perform something that is technically feasible but the proces Rates found in FCC Tariff #1 The preliminary engineering and planning costs are included in the caged and cageless Qwest will not charge for this element until the Commission has an opportunity to review and approve a rate in