20050211Replacement of Interconnection Agreement.pdf

Karen L. Clauson
Eschelon Telecom, Inc.
730 Second Avenue South, Suite 900
Minneapolis, MN 55402
Telephone: [phone]
Facsimile: 612.436.6816
klclauson~eschelon. com
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APPLICATION OF ESCHELON FOR
APPROVAL OF A WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~252(e)
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Docket No. USW - T 98-
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APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT
Pursuant to 47 U.~ 252(e)(1) and IDAPA 31.01.01 Rule 135, Eschelon
Telecom, Inc., Eschelon Telecom of Idaho, Inc. and Advanced TelCom, Inc. (collectively
Esche Ion ) file the enclosed documents between Qwest Corporation ("Qwest") and
Eschelon 1 for approval by the Commission of any documents that the Commission finds
are interconnection agreements, or an amendment to the existing interconnection
agreement previously approved by this Commission. The enclosed documents include:
Qwest Master Services Agreement (MSA) (with its exhibits: Service Exhibit 1 - Qwest
Platform Plus Service; Attachment A to Service Exhibit 1 - Performance Targets for
Qwest QPP Service; Qwest Platform Plus (QPP) Rate Sheet; and Qwest Platform Plus
(QPP) Rate Page - Port Rate Increases) and Amendment to Interconnection Agreement
I The "QPP" documents were signed by Eschelon Telecom Inc. on behalf of itself and its affiliates, and thedocuments entitled "Elimination ofUNE-P and Implementation of Batch Hot Cut Process and Discounts
were signed separately by Eschelon Telecom of Idaho, Inc. and Advanced TelCom, Inc. Copies of thesedocuments accompany this filing.
for Elimination of UNE- P and Implementation of Batch Hot Cut Process and Discounts
(collectively "QPP" documents or agreements).
Similar QPP documents were recently filed in several states by Qwest and
MCImetro Access Transmission Services, LLC ("MCI"). In those proceedings, MCI and
AT&T described reasons why the QPP agreements may be subject to the federal Act's
Section 252 filing requirement. Enclosed, for example, is an Order of the Washington
State Utilities and Transportation Commission3 in which the Commission summarizes
such arguments and finds the agreements need to be filed for approval. 4 Eschelon will
not repeat those arguments here. In addition to the arguments previously made by other
parties, Eschelon notes that the enclosed QPP documents address the transition, over the
ongoing period of time extending until April 1 , 2005, of UNE-E to QPP.5 UNE-E was
previously available to Eschelon pursuant to filed interconnection agreement
amendments. From January 1 , 2005 through April 1 , 2005 , its availability on a limited
basis for the base of customers, during the transition, is governed by the QPP documents.
Eschelon intends to abide by any filing requirements and accordingly files the
enclosed documents, all of which are public (non-confidential). Eschelon agrees with the
2 Although Qwest may have separately filed at least one of these documents (entitled "Elimination ofUNE-
P and Implementation of Batch Hot Cut Process and Discounts ) for approval as an amendment to the
previously approved interconnection agreement between the parties, the enclosed documents are inter-
related, and therefore Eschelon files all of them for the Commission s consideration.
See Order Approving Negotiated Interconnection Agreement in its Entirety, In reo MCImetro Access
Transmission Services, LLC and Qwest Corporationfor Approval of Negotiated Interconnection
Agreement, in its Entirety, Under the Telecommunications Act of 1996, Docket Nos. UT-96031O & UT-
043084, Order No. 01 (Oct. 20 2004). See Exhibit 1. To Eschelon s knowledge, Qwest has not appealedthis Order.
Also enclosed are informal copies (print outs) of decisions from Colorado, Iowa, Minnesota, Oregon, and
Utah, as well as Arizona Staff comments, for the Commission s convenience. See Exhibit 1. (There may
be other decisions, or later motions for reconsideration or appeals, that Eschelon did not locate, but as
Eschelon was not a party to those proceedings, it has not received copies of all of them.) In Arizona, the
Staff argues that all of the agreements are subj ect to the filing requirement and review process, but the
Commission has not yet ruled on the issue. In all of the other of these states, the state commissions found
that the agreements are interconnection agreements subject to the requirement to file them for approval by
the commissions. See Exhibit
arguments asserted by other parties in favor of the Section 252 filing requirement 6 but in
any case will abide by the Commission s ruling on the status of the enclosed documents.
To the extent that the Commission finds that any or all of the enclosed documents fall
under the Section 252 filing requirements, Eschelon asks the Commission to approve
those agreements, for the reasons stated by MCI and the other Commissions that have
approved them.
The QPP MSA, which is based on the Qwest template, provides: "In the event
the FCC , a state commission or any other governmental authority or agency rejects or
modifies any material provision in this Agreement, either Party may immediately upon
written notice to the other Party terminate this Agreement and any interconnection
agreement amendment executed concurrently with this Agreement." Given this language
and the FCC's recent ruling on the status of UNE-, modifying or rejecting the
agreements (which now provide the only alternative platform product to UNE-P)7 would
impose a hardship on Eschelon. Therefore, if the Commission may modify the documents
rej ect any document that finds requIres filing pursuant
See ~3.2 of Service Exhibit 6 The QPP MSA, at paragraph 23 , provides: "Each party reserves its rights with respect to whether this
Agreement is subject to Sections 251 and 252 ofthe Act."7 On or after January 4 2005, Qwest distributed a letter to CLECs in which Qwest stated that it maywithdraw QPP after January 31 2005. See Exhibit 2. In later Emails to Eschelon, Qwest confmned that itwould withdraw QPP after that date and would not make the Qwest-MCI QPP agreement available for opt-
, as Qwest claimed the underlying interconnection agreement had expired. See id.
Section 252 and/or state rules, Eschelon respectfully requests an opportunity to be heard
on the issue before the Commission rules.
Dated: February 10 2005
Respectfully submitted
Karen L. Clauson
Senior Director of Interconnection! Attorney
Eschelon Telecom, Inc.
730 2nd Avenue South, Suite 900
Minneapolis, MN 55402
[phone] (Direct)
[phone] (Fax)
kl clauson~eschel on. com
QWEST MASTER SERVICES AGREEMENT
This Master Services Agreement, which includes this signature page, the subsequent general terms and conditions, the Rate Sheetfor each applicable state, Exhibit 1 (Qwest Platform Plus Service), and Attachment A to Exhibit 1 (Performance Metrics) attachedhereto or incorporated herein by reference (collectively the "Agreement") is entered into between Qwest Corporation ("Qwest") andEschelon Telecom, Inc. on behalf of its affiliates ("CLEC") (each identified for purposes of this Agreement in the signature blocks
below, and referred to separately as a "Party" or collectively as the "Parties ), on behalf of itself and its Affiliates. This Agreementmay be executed in counterparts. This Agreement shall become effective on the Effective Date. The undersigned Parties have readand agree to the terms and conditions set forth in the Agreement.
QWEST CORPORATION:ESCHELON TELECOM, INC. on behalf of its affiliates:
By:
( Name J: ~"".J
(TitleJ:
Date: ( .. ~ yo
.,.
By:
( Name J: Richard A. Smith
( Title J: CEO/President
Date: \/~0-.r--
NOTICE INFORMATION: All written notices required under the Agreement shall be sent to the following:
To Qwest Corp.
1801 California Street. Suite 2420
Denver. CO 80202
Phone #: [phone]
Facsimile #: 303-896-7077
E-mail: Intaaree(Ci).Qwestcom
Attention: Manager-Interconnection
To Eschelon Telecom, Inc.
730 Second Avenue. Suite. 900
Minneapolis. MN 55402
Phone #: [phone]
Facsimile #: 612-436-6816
E-mail: QPpnoticesaD.eschelon.com
Attention: J. Jeffrey Oxley
With copy to:Qwest Eschelon Telecom, Inc.
c/o 1801 California Street, 10th floor Office of General Counsel and Sr. Director of Interconnection
Denver, Colorado 80202 730 Second Avenue South, Suite 900Attention: Corporate Counsel, Wholesale Minneapolis, MN 55402
Reference: MSA for Qwest Platform Plus Service
APPLICABLE SERVICES:APPLICABLE STATES:
Qwest agrees to offer and CLEC intends to purchase the Servicesindicated below by CLEC's signatory initialing on the applicable blanks:
Exhibit 1 - Qwest Platform Plus Service
Qwest agrees to offer and CLEC intends to purchase Qwest Platform Plus
("QPP") service in the states indicated below by CLEC'signatory
initialing on the applicable blanks:
Arizona
~ -
Colorado-LL Idaho 1,:(1-Iowa
Minnesota
Montana
Nebraska
-X.... New Mexico ~1i:.--
North Dakota
~~
regon
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~:~h Dakota
hington
Wyoming
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The Parties may amend the Qwest Master Services Agreement in writing from time to time to include additional products andservices.
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-050124-0004
CO Agreement No. CDS-050124-0005
MN Agreement No. CDS-050124-0006
Qwest MSA
OR Agreement No. CDS-050124-0007
UT Agreement No. CDS-050124-000B
WA Agreement Np. CDS-050124-0009
Page 1 of 14
QWEST MASTER SERVICES AGREEMENT
GENERAL TERMS AND CONDITIONS
WHEREAS, CLEC previously purchased on an unbundled basis from Qwest certain combinations of network elements, ancillary functions,
and additional features, including without limitation the local loop, port, switching, and shared transport combination commonly known as
unbundled network element platform ("UNE-). For purposes of this Agreement, UNE-P includes the product purchased by Eschelon under
its Interconnection Agreement which is sometimes referred to as "UNE-E" (Unbundled Network Element - Eschelon);
WHEREAS such UNE-P arrangements were previously obtained by CLEC under the terms and conditions of certain interconnection
agreements ("ICA"), including without limitation in certain states Qwest's statement of generally available terms ("SGA T');
WHEREAS both CLEC and Qwest acknowledge certain regulatory uncertainty in light of the DC Circuit Court's decision in United States
Telecom Association v. FCC, 359 F.3d 554 (March 2, 2004) ("DC Circuit Mandate ), with respect to the future existence, scope, and nature of
Qwest's obligation to provide such UNE-P arrangements under the Communications Act (the "Act"); and
WHEREAS to address such uncertainty and to create a stable arrangement for the continued availability to CLEC from Qwest of services
technically and functionally equivalent to the June 14, 2004 UNE-P arrangements the parties have contemporaneously entered into ICA
amendments;
Now, therefore, in consideration of the terms and conditions contained herein, CLEC and Qwest hereby mutually agree as follows:
1. Definitions Capitalized terms used herein are defined in
Addendum 1.
2. Effective Date This Amendment shall become effective
upon the latest execution date by the Parties. ("Effective Date
3. Term The term of this Agreement shall begin on the
Effective Date and shall continue through July 31, 2008. At any time
within 6 months prior to expiration of the Agreement, either Party may
provide notice of renegotiation. The Parties shall meet and negotiate
in good faith a transition of existing customers. Upon mutual
agreement, the term of the Agreement may be extended upon the
same terms and conditions for no more than one (1) extension period,
and such extension period shall not exceed six (6) months to allow
CLEC to transition its customers to other services. In the event that at
the expiration of the Agreement or of the extension period, as the case
may be, CLEC has any remaining customers served under this
Agreement, Qwest may immediately convert CLEC to an equivalent
alternative service at market-based wholesale rates.
4. Scope of Aareement: Service ProvisioninQ: Controllina
Documents: ChanQe of Law: EJiQibility for Services under this
Aareement: Non-Applicability of Chanae Manaaement Process.
The services described in this Agreement will only be
provided in Qwest's incumbent LEC service territory in the states of
Arizona, Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New
Mexico, North Dakota, Oregon, South Dakota, Utah, Washington and
Wyoming.
Each of the Services shall be provided pursuant to the terms
and conditions of this Agreement. In the event of a conflict between
the terms of any Service Exhibit attached hereto and these General
Terms and Conditions, the Service Exhibit shall control. The terms
this Agreement, including any Annex or Service Exhibit, shall
supersede any inconsistent terms and conditions contained in an
Order Form. CLEC acknowledges and agrees that the Services shall
be offered by Qwest pursuant to this Agreement and are subject to (i)
compliance with all applicable laws and regulations; and (ii) obtaining
any domestic or foreign approvals and authorizations required or
advisable.
The provisions in this Agreement are intended to be in
compliance with and based on the existing state of the law, rules
regulations and interpretations thereof, including but not limited to
Federal rules, regulations, and laws, as of the Effective Date regarding
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-O50124-0004
CO Agreement No. CDS-050124-0005
MN Agreement No. CDS-050124-0006
Qwest MSA
OR Agreement No. CDS-050124-0007
UT Agreement No. CDS-050124-0008
WA Agreement No. CDS-050124-0009
Qwest's obligation under Section 271 of the Act to continue to provide
certain Network Elements ("Existing Rules
).
Nothing in this
Agreement shall be deemed an admission by Qwest or CLEC
concerning the interpretation or effect of the Existing Rules or an
admission by Qwest or CLEC that the Existing Rules should not be
changed, vacated, dismissed, stayed or modified. Nothing in this
Agreement shall preclude or estop Qwest or CLEC from taking any
position in any forum concerning the proper interpretation or effect of
the Existing Rules or concerning whether the Existing Rules should be
changed, vacated, dismissed, stayed or modified.
4.4 If a change in law, rule, or regulation materially impairs a
Party s ability to perform or obtain a benefit under this Agreement, both
Parties agree to negotiate in good faith such changes as may be
necessary to address such material impairment.
To receive services under this Agreement, CLEC must be a
certified CLEC under applicable state rules. CLEC may not purchase
or utilize services or Network Elements covered under this Agreement
for its own administrative use or for the use by an Affiliate.
Except as otherwise provided in this Agreement, the Parties
agree that Network Elements and services provided under
this Agreement are not subject to the Qwest Wholesale
Change Management Process ("CMP"requirements,
Qwest'Performance Indicators (PID), Performance
Assurance Plan (PAP), or any other wholesale service
quality standards, liquidated damages, and remedies.
Except as otherwise provided, CLEC hereby waives any
rights it may have under the PID, PAP and all other
wholesale service quality standards, liquidated damages,
and remedies with respect to Network Elements and
services provided pursuant to this Agreement.
Notwithstanding the foregoing, CLEC proposed changes toQPP attributes and process enhancements will be
communicated through the standard account interfaces.
Change requests common to shared systems and processes
subject to CMP will continue to be addressed via the CMP
procedures.
5. CLEC Information. CLEC agrees to work with Qwest in
good faith to promptly complete or update, as applicable, Qwest's
New Customer Questionnaire" to the extent that CLEC has not
already done so, and CLEC shall 'hold Qwest harmless for any
damages to or claims from CLEC caused by CLEC'failure to
complete or update the questionnaire.
Page 2 of 14
QWEST MASTER SERVICES AGREEMENT
Financial Terms.
Rates and Terms
Each attached Service Exhibit specifies the description
terms, and conditions specific to that Network Element or service. The
applicable rates for each Network Element or service contained in a
Service Exhibit shall be contained in the applicable Rate Sheets, the
contents of which are incorporated into this Agreement by reference.
The Parties agree that the rates set forth in the Rate Sheet are just and
reasonable. The Parties agree that no rates, charges, costs, or fees
shall apply to the Network Elements or services provided under this
Agreement other than as is set forth in the Rate Sheets. The rates will
not necessarily include Taxes, fees, or surcharges. No Taxes, fees, or
surcharges shall apply to the QPPTM service except such Taxes, fees
and surcharges as apply to the UNE-P service as of June 14, 2004,
unless a subsequent change in applicable law requires the applicability
of new or additional Taxes, fees, or surcharges to the QPPTM service.
Taxes, Fees, and other Governmental Impositions
All charges for Services provided herein are exclusive of any
federal, state, or local sales, use, excise, gross receipts, transaction or
similar taxes, fees or surcharges ("Tax" or "Taxes ). Taxes resulting
from the performance of this Agreement shall be borne by the Party
upon which the obligation for payment is imposed under Applicable
Law, even if the obligation to collect and remit such Taxes is placed
upon the other Party. However, where the selling Party is specifically
permitted by an Applicable Law to collect such Taxes from the
purchasing Party, such Taxes shall be borne by the Party purchasing
the services. Each Party is responsible for any tax on its corporateexistence, status or income. Taxes shall be billed as a separate item
on the invoice in accordance with Applicable Law. The Party billing
such Taxes shall, at the written request of the Party billed, provide the
billed Party with detailed information regarding billed Taxes, including
the applicable Tax jurisdiction, rate, and base upon which the Tax is
applied. If either Party (the Contesting Party) contests the applicationof any Tax collected by the other Party (the Collecting Party), the
Collecting Party shall reasonably cooperate in good faith with the
Contesting Party s challenge, provided that the Contesting Party pays
any reasonable costs incurred by the Collecting Party. The Contesting
Party is entitled to the benefit of any refund or recovery resulting fromthe contest, provided that the Contesting Party has paid the Taxcontested. If the purchasing Party provides the selling Party with a
resale or other exemption certificate, the selling Party shall exempt the
purchasing Party if the purchasing Party accepts the certificate in good
faith. If a Party becomes aware that any Tax is incorrectly orerroneously collected by that Party from the other Party or paid by the
other Party to that Party, that Party shall refund the incorrectly or
erroneously collected Tax or paid Tax to the other Party.
Each Party shall be solely responsible for all taxes on its
own business, the measure of which is its own net income or net worth
and shall be responsible for any related tax filings, payment, protestaudit and litigation. Each Party shall be solely responsible for the
billing, collection and proper remittance of all applicable Taxes relating
to its own services provided to its own customers.
Intellectual Property
Except for a license to use any facilities or equipment
(including software) solely for the purposes of this Agreement or to
receive any service solely (a) as provided in this Agreement or (b) as
specifically required by the then-applicable federal rules and
regulations relating to the Network Elements or service provided under
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-050124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-050124-0006
Qwest MSA
OR Agreement No. CDS-050124-0007
UT Agreement No. CDS-050124-0008
WA Agreement No. CDS-050124-0009
this Agreement, nothing contained within this Agreement shall be
construed as the grant of a license, either express or implied, with
respect to any patent, copyright, trade name, trade mark, service mark,
trade secret, or other proprietary interest or intellectual property, now
or hereafter owned, controlled or licensable by either Party. Nothing in
this Agreement shall be construed as the grant to the other Party of
any rights or licenses to trade or service marks.
Subject to the general Inde!TInity provisions of this
Agreement, each Party (an Indemnifying Party) shall indemnify ~nd
hold the other Party (an Indemnified Party) harmless from and against
any loss, cost, expense or liability arising out of a claim that the
services provided by the Indemnifying Party provided or used pursuant
to the terms of this Agreement misappropriate or otherwise violate the
intellectual property rights of any third party. The obligation for
indemnification recited in this paragraph shall not extend
infringement which results from (a) any combination of the facilities or
services of the Indemnifying Party with facilities or services of any
other Person (including the Indemnified Party but excluding the
Indemnifying Party and any of its Affiliates), which combination is notmade by or at the direction of the Indemnifying Party or is not
reasonably necessary to CLEC's use of the Network Elements and
services offered by Qwest under this Agreement or (b) any
modification made to the facilities or services of the Indemnifying Party
by, on behalf of, or at the request of the Indemnified Party and not
required by the Indemnifying Party. In the event of any claim, the
Indemnifying Party may, at its sole option (a) obtain the right for the
Indemnified Party to continue to use the facility or service: or (b)
replace or modify the facility or service to make such facility or service
non-infringing. If the Indemnifying Party is not reasonably able to
obtain the right for continued use or to replace or modify the facility or
service as provided in the preceding sentence and either (a) the facility
or service is held to be infringing by a court of competent jurisdiction or
(b) the Indemnifying Party reasonably believes that the facility or
service will be held to infringe, the Indemnifying Party shall notify the
Indemnified Party and the Parties shall negotiate in good faith
regarding reasonable modifications to this Agreement necessary to (1)
mitigate damage or comply with an injunction which may result from
such infringement or (2) allow cessation of further infringement. The
Indemnifying Party may request that the Indemnified Party take stepsto mitigate damages resulting from the infringement or alleged
infringement including, but not limited to, accepting modifications to the
facilities or services, and such request shall not be unreasonably
denied.
To the extent required under applicable federal and state
law, Qwest shall use commercially reasonable efforts to obtain, from its
vendors who have licensed intellectual property rights to Qwest in
connection with facilities and services provided hereunder, licenses
under such intellectual property rights as necessary for CLEC to use
such facilities and services as contemplated hereunder and at least in
the same manner used by Qwest for the facilities and services
provided hereunder. Qwest shall notify CLEC immediately in the event
that Qwest believes it has used its commercially reasonable efforts to
obtain such rights, but has been unsuccessful in obtaining such rights.
Nothing in this subsection shall be construed in any way to condition,
limit, or alter a Party s indemnification obligations under Section 7.
preceding.
7.4 Except as expressly provided in this Intellectual Property
Section , nothing in this Agreement shall be construed as the grant of a
license, either express or implied, with respect to any patent, copyright,
logo, trademark, trade name, trade secret or any other intellectual
property right now or hereafter owned, controlled or licensable byeither Party. Neither Party may use any patent, copyright, logo,
trademark, trade name, trade secret or other intellectual property rights
Page 3 of 14
QWEST MASTER SERVICES AGREEMENT
of the other Party or its Affiliates without execution of a separate
agreement between the Parties.
Neither Party shall without the express written permission of
the other Party, state or imply that: 1) it is connected, or in any way
affiliated with the other or its Affiliates; 2) it is part of a joint business
association or any similar arrangement with the other or its Affiliates;
3) the other Party and its Affiliates are in any way sponsoring,
endorsing or certifying it and its goods and services; or 4) with respect
to its marketing, advertising or promotional activities or materials, the
services are in any way associated with or originated from the other
Party or any of its Affiliates. Nothing in this paragraph shall prevent
either Party from truthfully describing the Network Elements and
services it uses to provide service to its End User Customers, provided
it does not represent the Network Elements and services as originating
from the other Party or its Affiliates or otherwise attempt to sell its End
User Customers using the name of the other Party or its Affiliates.
Qwest and CLEC each recognize that nothing contained in
this Agreement is intended as an assignment or grant to the other of
any right, title or interest in or to the trademarks or service marks of the
other (the Marks) and that this Agreement does not confer any right or
license to grant sublicenses or permission to third parties to use the
Marks of the other and is not assignable. Neither Party will do
anything inconsistent with the other s ownership of their respective
Marks, and all rights, if any, that may be acquired by use of the Marks
shall inure to the benefit of their respective owners. The Parties shall
comply with all Applicable Law governing Marks worldwide and neither
Party will infringe the Marks of the other.
Since a breach of the material provisions of this Section 7
may cause irreparable harm for which monetary damages may be
inadequate, in addition to other available remedies, the non-breaching
Party may seek injunctive relief.
Financial Responsibility. Payment and Security
Payment Obliaation Amounts payable under this
Agreement are due and payable within thirty (30) calendar Days after
the date of invoice (payment due date). If the payment due date is a
Saturday, the payment shall be due on the previous Friday; if the
payment due date is otherwise not a business day, the payment shall
be due the next business day. Invoices shall be sent electronically,
and shall bear the date on which they are sent, except that invoices
sent on a day other than a business day shall be dated on the next
business day.
Cessation of Order Processina.Qwest may discontinue
processing orders for Network Elements and services provided
pursuant to this Agreement for the failure of CLEC to make full
payment for the relevant services, less any good faith disputed amount
as provided for in this Agreement. for the relevant services provided
under this Agreement within thirty (30) calendar Days following the
payment due date provided that Qwest has first notified CLEC in
writing at least ten (10) business days prior to discontinuing theprocessing of orders for the relevant services. If Qwest does not
refuse to accept additional orders for the relevant services on the date
specified in the ten (10) business days notice, and CLEC's non-
compliance continues, nothing contained herein shall preclude Qwest'
right to refuse to accept additional orders for the relevant services from
CLEC without further notice. For order processing to resume, CLEC
will be required to make full payment of all past-due charges for the
relevant services not disputed in good faith under this Agreement, and
Qwest may require a deposit (or recalculate the deposit) pursuant to
Section 8.5. In addition to other remedies that may be available at law
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-050124-0004
CO Agreement No. CDS-050124-0005
MN Agreement No. CDS-050124-0006
Qwest MSA
OR Agreement No. CDS-050124-0007
UT Agreement No. CDS-050124-0008
WA Agreement No. CDS-050124-0009
or equity, CLEC reserves the right to seek equitable relief including
injunctive relief and specific performance.
Disconnection. Qwest may disconnect any and all relevant
Network Elements and services provided under this Agreement for
failure by CLEC to make full payment for such Network Elements or
services, less any disputed amount as provided for in this Agreement
for the relevant services provided under this Agreement within sixty
(60) calendar Days following the payment due date provided that
Qwest has first notified CLEC in writing at least thirty (30) days prior to
disconnecting the relevant services. CLEC will pay the applicable
reconnect charge set forth in the Rate Sheet required to reconnect
Network Elements and services for each End User Customer
disconnected pursuant to this paragraph. In case of such
disconnection, all applicable undisputed charges, including termination
charges, shall become due. If Qwest does not disconnect CLEC'
service(s) on the date specified in the thirty (30) day notice, and
CLEC's noncompliance continues, nothing contained herein shall
preclude Qwest's right to disconnect any or all relevant services of the
non-complying Party without further notice. Qwest shall provide a
subsequent written notice at least two (2) business days prior to
disconnecting service. Disconnect of certain Network Elements or
services under this Agreement with respect to which CLEC has failedto pay undisputed charges shall not trigger the disconnection
Network Elements or services for which CLEC has paid all undisputed
charges, and Qwest shall be permitted to disconnect under this section
only those Network Elements or services for which CLEC fails to pay
all undisputed charges prior to the expiration of the applicable thirty-
day or two business day notice period. For reconnection of the non-
paid service to occur, CLEC will be required to make full payment of all
past and current undisputed charges under this Agreement for the
relevant services and Qwest may require a deposit (or recalculate the
deposit) pursuant to Section 8.5. Both Parties agree, however, that the
application of this Section 8.3 will be suspended for the initial three (3)
Billing cycles of this Agreement and will not apply to amounts billed
during those three (3) cycles. In addition to other remedies that may
be available at law or equity, each Party reserves the right to seek
equitable relief, including injunctive relief and specific performance.
Notwithstanding the foregoing, Qwest shall not effect a disconnection
pursuant to this section in such manner that CLEC may not reasonably
comply with Applicable Law concerning End User Customer
disconnection and notification, provided that, the foregoing is subject to
CLEC's reasonable diligence in effecting such compliance.
Billina Disputes.Should either Party dispute, in good faith,
and withhold payment on any portion of the nonrecurring charges or
monthly Billing under this Agreement, the Parties will notify each other
in writing within fifteen (15) calendar days following the payment due
date identifying the amount, reason and rationale of such dispute. At a
minimum, each Party shall pay all undisputed amounts due to the other
Party. Both CLEC and Qwest agree to expedite the investigation of
any disputed amounts, promptly provide all documentation regarding
the amount disputed that is reasonably requested. and work in good
faith in an effort to resolve and settle the dispute through informal
means prior to initiating any other rights or remedies.
8.4.If a Party disputes charges and does not pay such
charges by the payment due date, such charges may be
subject to late payment charges. If the disputed charges
have been withheld and the dispute .is resolved in favor of
Qwest, the withholding Party shall pay the disputed amount
and applicable late payment charges no later than the next
Bill Date following the resolution. The withholding Party may
not continue to withhold the disputed amount following the
initial resolution while pursuing further dispute resolution.
the disputed charges have been withheld and the dispute is
resolved in favor of the disputing Party, Qwest shall credit
Page 4 of 14
QWEST MASTER SERVICES AGREEMENT
the bill of the disputing Party for the amount of the disputed
charges and any late payment charges that have beenassessed no later than the second Bill Date after the
resolution of the dispute. If a Party pays the disputed
charges and the dispute is resolved in favor of Owest, no
further action is required.
8.4.If a Party pays the charges disputed at the time of
payment or at any time thereafter pursuant to Section 8.4.
and the dispute is resolved in favor of the disputing Party
Owest shall, no later than the next Bill Date after the
resolution of the dispute: (1) credit the disputing Party s bill
for the disputed amount and any associated interest or (2)
pay the remaining amount to CLEC, if the disputed amount
is greater than the bill to be credited. The interest calculated
on the disputed amounts will be the same rate as late
payment charges. In no event, however, shall any late
payment charges be assessed on any previously assessed
late payment charges.
8.4.If a Party fails to bill a charge or
discovers an error on a bill it has already provided to the
other Party, or if a Party fails to dispute a charge anddiscovers an error on a bill it has paid after the period set
forth in Section 8.4, the Party may dispute the bill at a later
time through an informal process notwithstanding the
requirements of Section 8.4, but subject to the Dispute
Resolution provision of this Agreement, and Applicable Law.
Security Deposits In the event of a material
adverse change in CLEC'financial condition subsequent to the
Effective Date, Owest may request a security deposit. A "material
adverse change in financial condition" shall mean a Party . is a new
CLEC with no established credit history, or is a CLEC that has not
established satisfactory credit with Owest, or the Party is repeatedly
delinquent in making its payments, or the Party is being reconnected
after a disconnection of service or discontinuance of the processing of
orders by the Billing Party due to a previous undisputed nonpayment
situation. The Billing Party may require a deposit to be held as security
for the payment of charges before the orders from the billed Party willbe provisioned and completed or before reconnection of service.
Repeatedly delinquent" means any payment of a material amount of
total monthly billing under the Agreement received thirty (30) calendar
Days or more after the payment due date, three (3) or more times
during a twelve (12) month period. The INITIAL deposit may not
exceed the estimated total monthly charges for an average two (2)
month period within the 1s1 three (3) months for all services. The
deposit may be a surety bond if allowed by the applicable Commission
regulations, a letter of credit with terms and conditions acceptable to
the Billing Party, or some other form of mutually acceptable security
such as a cash deposit. The deposit may be adjusted by the billing
party s actual monthly average charges, payment history under this
agreement, or other relevant factors, but in no event shall the security
deposit exceed five million dollars ($5,000,000.00). Required deposits
are due and payable within thirty (30) calendar Days after demand and
non-payment shall be subject to 8.2 and 8.3 of this Section.
Interest on Deposits. Any interest earned on cash deposits
shall be credited to CLEC in the amount actually earned or at the rate
set forth in Section 8.7 below, whichever is lower, except as otherwise
required by law, provided that, for elimination of doubt, the Parties
agree that such deposits shall not be deemed subject to state laws or
regulations relating to consumer or End User Customer cash deposits.
Cash deposits and accrued interest, if applicable, will be credited to
CLEC's account or refunded, as appropriate, upon the earlier of the
expiration of the term of the Agreement or the establishment of
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-050124-0004
CO Agreement No. CDS-050124-0005
MN Agreement No. CDS-050124-0006
Owest MSA
OR Agreement No. CDS-050124-0007
UT Agreement No. CDS-050124-0008
WA Agreement No. CDS-050124-0009
satisfactory credit with Owest, which will generally be one full year of
timely payments of undisputed amounts in full by CLEC. Upon a
material change in financial standing, CLEC may request and Owest
will consider a recalculation of the deposit. The fact that a deposit has
been made does not relieve CLEC from any requirements of this
Agreement.
Late Payment Penalty If any portion of the payment is
received by Owest after the payment due date as set forth above, or if
any portion of the payment is received by Owest in funds that are not
immediately available, then a late payment penalty shall be due to
Owest. The late payment penalty shall be the portion of the payment
not received by the payment due date multiplied by a late factor. The
late factor shall be the lesser of: (1) The highest interest rate (in
decimal value) which may be levied by law for commercial
transactions, compounded daily for the number of days from the
payment due date to and including the date that the CLEC actually
makes the payment to the Company, or (2) 0.000407 per day,
compounded daily for the number of days from the payment due date
to and including the date that the CLEC actually makes the payment to
Owest.
Notice to End User Customers CLEC shall be
responsible for notifying its End User Customers of any pending
disconnection of a non-paid service by CLEC, if necessary, to allow
those End User Customers to make other arrangements for such non-
paid services.
9. ConversionsfTerminations. If CLEC is obtaining services
from Owest under an arrangement or agreement that includes the
application of termination liability assessment (TLA) or minimum period
charges, and if CLEC wishes to convert such services to a service
under this Agreement, the conversion of such services will not be
delayed due to the applicability of TLA or minimum period charges.
The applicability of such charges is governed by the terms of the
original agreement, Tariff or arrangement. Nothing herein shall be
construed as expanding the rights otherwise granted by this
Agreement or by law to elect to make such conversions.
In the event Qwest terminates the Provisioning ofany service to CLEC for any reason, CLEC shall be
responsible for providing any and all necessary notice to its
End User Customers of the termination. In no case shall
Owest be responsible for providing such notice to CLEC'
End User Customers. Owest shall only be required to notify
CLEC of Owest's termination of the service on a timely basis
consistent with FCC rules and notice requirements.
10. Customer Contacts CLEC, or CLEC'
authorized agent, shall act as the single point of contact for its End
User Customers' service needs, including without limitation, sales,
service design, order taking, Provisioning, change orders, training,
maintenance, trouble reports, repair, post-sale servicing, Billing,
collection and inquiry. CLEC shall inform its End User Customers that
they are End User Customers of CLEC. CLEC's End User Customers
contacting Owest will be instructed to contact CLEC, and Owest's End
User Customers contacting CLEC will be instructed to contact Owest.
In responding to calls, neither Party shall make disparaging remarks
about each other. To the extent the correct provider can be
determined, misdirected calls received by either Party will be referred
to the proper provider of Local Exchange Service; however, nothing in
this Agreement shall be deemed to prohibit Owest or CLEC from
discussing its products and services with CLEC's or Owest's End User
Customers who call the other Party seeking such information.
11.Default and Breach
Page 5 of 14
QWEST MASTER SERVICES AGREEMENT
If either Party defaults in the payment of any amount due hereunder, or
if either Party violates any other material provision of this Agreement
including, but not limited to, Sections 6, 7 13,16,29,31,32,
and 35, and such default or violation continues for thirty (30) calendar
Days after written notice thereof, the other Party may terminate this
Agreement and seek relief in accordance with the Dispute Resolution
provision, or any remedy under this Agreement.
12.Limitation of Liability
12.To the extent the Agreement or an Exhibit contains an
express remedy in the form of a quality of service credit or other
liquidated damages in connection with services provided by Qwest
under this Agreement or for a failure to provide such services, such
credit shall be deemed to be CLEC'sole remedy under this
Agreement for losses, damages, or other claims related to or
connected with the events giving rise to the claim for quality of service
credit.
12.Neither Party shall be liable to the other for indirect
incidental, consequential , exemplary, punitive, or special damages,
including (without limitation) damages for lost profits, lost revenues,
lost savings suffered by the other Party regardless of the form of
action, whether in contract, warranty, strict liability, tort, including
(without limitation) negligence of any kind and regardless of whether
the Parties know the possibility that such damages could result.
12.Nothing contained in this Section 12 shall limit either Party
obligations of indemnification specified in this Agreement, nor shall this
Section 12 limit a Party s liability for failing to make any payment due
under this Agreement.
13.
upon:
12.The foregoing limitations apply to all causes of actions and
claims , including without limitation, breach of contract, breach of
warranty, negligence, strict liability, misrepresentation and other torts.
In any arbitration under this Agreement, the Arbitrator shall not be able
to award, nor shall any party be entitled to receive damages not
otherwise recoverable under this agreement.
12.Nothing contained in this Section shall limit either Party
liability to the other for willful misconduct, provided that, a Party
liability to the other Party pursuant to the foregoing exclusion, other
than direct damages, shall be limited to a total cap equal to one
hundred per cent (100%) of the annualized run rate of total amounts
charged by Qwest to CLEC under the Agreement.
13.Indemnity13. 1 The Parties agree that unless otherwise
specifically set forth in this Agreement the following constitute the sole
indemnification obligations between and among the Parties:
13.Each Party (the Indemnifying Party) agrees to
release, indemnify, defend and hold harmless the other
Party and each of its officers, directors, employees and
agents (each an Indemnitee) from and against and in
respect of any loss, debt, liability, damage, obligation, claim,
demand, judgment or settlement of any nature or kind,
known or unknown, liquidated or unliquidated including, but
not limited to, reasonable costs and expenses (including
attorneys' fees), whether suffered, made, instituted, or
asserted by any Person or entity, for invasion of privacy,
bodily injury or death of any Person or Persons, or for loss,
damage to, or destruction of tangible property, whether or
not owned by others, resulting from the Indemnifying Party
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-050124-0004
CO Agreement No. CDS-050124-0005
MN Agreement No. CDS-050124-0006
Qwest MSA
OR Agreement No. CDS-050124-0007
UT Agreement No. CDS-050124-0008
WA Agreement No. CDS-050124-0009
breach of or failure to perform under this Agreement,
regardless of the form of action, whether in contract,
warranty, strict liability, or tort including (without limitation)
negligence of any kind.
13.In the case of claims or loss alleged or incurred by
an End User Customer of either Party arising out of or in
connection with services provided to the End User Customer
by the Party, the Party whose End User Customer alleged or
incurred such claims or loss (the Indemnifying Party) shall
defend and indemnify the other Party and each of its officers,directors, employees and agents (collectively the
Indemnified Party) against any and all such claims or loss by
the Indemnifying Party s End User Customers regardless of
whether the underlying service was provided or Network
Element was provisioned by the Indemnified Party, unless
the loss was caused by the gross negligence or willful
misconduct of the Indemnified Party. The obligation to
indemnify with respect to claims of the Indemnifying Party
End User Customers shall not extend to any claims for
physical bodily injury or death of any Person or persons, or
for loss, damage to, or destruction of tangible property,
whether or not owned by others, alleged to have resulted
directly from the negligence or intentional conduct of the
employees, contractors, agents, or other representatives of
the Indemnified Party.
The indemnification provided herein shall be conditioned
13.The Indemnified Party shall promptly notify the
Indemnifying Party of any action taken against the
Indemnified Party relating to the indemnification. Failure toso notify the Indemnifying Party shall not relieve the
Indemnifying Party of any liability that the Indemnifying Party
might have, except to the extent that such failure prejudices
the Indemnifying Party s ability to defend such claim.
13.If the Indemnifying Party wishes to defend against
such action, it shall give written notice to the Indemnified
Party of acceptance of the defense of such action. In such
event, the Indemnifying Party shall have sole authority to
defend any such action, including the selection of legal
counsel, and the Indemnified Party may engage separate
legal counsel only at its sole cost and expense. In the event
that the Indemnifying Party does not accept the defense of
the action , the Indemnified Party shall have the right to
employ counsel for such defense at the expense of the
Indemnifying Party. Each Party agrees to cooperate with the
other Party in the defense of any such action and the
relevant records of each Party shall be available to the other
Party with respect to any such defense.
13.In no event shall the Indemnifying Party settle or
consent to any judgment for relief other than monetary
damages pertaining to any such action without the prior
written consent of the Indemnified Party. In the event the
Indemnified Party withholds consent the Indemnified Party
may, at its cost, take over such defense, provided that, in
such event, the Indemnifying Party shall not be responsible
for, nor shall it be obligated to indemnify the relevant
Indemnified Party against, any cost or liability in excess of
such refused compromise or settlement.
14.Limited Warranties.
Page 6 of 14
QWEST MASTER SERVICES AGREEMENT
14.1 Each party shall provide suitably qualified personnel to
perform this Agreement and all services hereunder in a good
and workmanlike manner and in material conformance with
all applicable laws and regulations.
14.EXCEPT AS EXPRESSLY SET FORTH IN THIS
AGREEMENT, OWEST SPECIFICALLY DISCLAIMS ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO
ANY SERVICE OR NETWORK ELEMENT PROVIDED
HEREUNDER. OWEST SPECIFICALLY DISCLAIMS ANY
AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUTLIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE, OR TITLE OR NON-INFRINGEMENT OF
THIRD PARTY RIGHTS.
15. Relationship Except to the limited extent expressly
provided in this Agreement: (i) neither Party shall have the authority to
bind the other by contract or otherwise or make any representations or
guarantees on behalf of the other or otherwise act on the other
behalf; and (ii) the relationship arising from this Agreement does not
constitute an agency, joint venture, partnership, employee relationship,
or franchise.
16.Assignment or Sale
16.CLEC may not assign or transfer (whether by operation of
law or otherwise) this Agreement (or any rights or obligations
hereunder) to a third party without the prior written consent of the other
Party. Notwithstanding the foregoing, CLEC may assign or transfer
this Agreement to a corporate Affiliate or an entity under its control or
to a purchaser of substantially all or substantially all of CLEC's assets
related to the provisioning of local services in the Owest region without
the consent of Owest, provided that the performance of this Agreement
by any such assignee is guaranteed by the assignor. A Party making
an assignment or transfer permitted by this Section shall provide prior
written notice to the other Party. Any attempted assignment or
transfer that is not permitted is void ab initio. Without limiting the
generality of the foregoing, this Agreement shall be binding upon and
shall inure to the benefit of the Parties' respective successors and
assigns.
16.2 In the event that Owest transfers to any unaffiliated party
exchanges including End User Customers that CLEC serves in whole
or in part through facilities or services provided by Owest under this
Agreement, Owest shall ensure that the transferee shall serve as asuccessor to and fully perform all of Owest'responsibilities and
obligations under this Agreement for a period of one-hundred-and-
eighty (180) days from the effective date of such transfer or until such
later time as the FCC may direct pursuant to the FCC's then applicable
statutory authority to impose such responsibilities either as a condition
of the transfer or under such other state statutory authority as may give
it such power. In the event of such a proposed transfer, Owest shalluse best efforts to facilitate discussions between CLEC and thetransferee with respect to transferee assumption of Qwest'
obligations after the above-stated transition period pursuant to the
terms of this Agreement.
17. Reporting Requirements If reporting obligations or
requirements are imposed upon either Party by any third party or
regulatory agency in connection with either this Agreement or the
services, including use of the services by CLEC or its End Users, the
other Party agrees to assist that Party in complying with such
obligations and requirements, as reasonably required by that Party.
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-O50124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-O50124-0006
Qwest MSA
OR Agreement No. CDS-050124-0007
UT Agreement No. CDS-050124-0008
WA Agreement No. CDS-050124-0009
18.Intentionally Left Blank
19. Survival.The expiration or termination of this Agreement
shall not relieve either Party of those obligations that by their nature
are intended to survive.
20. Publicity. Following the execution of this Agreement, the
Parties may publish or use any publicity materials with respect to the
execution, delivery, existence, or substance of this Agreement without
the prior written approval of the other Party. Nothing in this section
shall limit a Party's ability to issue public statements with respect to
regulatory or judicial proceedings.
21.Confidentiality
21.All Proprietary Information shall remain the property of the
disclosing Party. A Party who receives Proprietary Information via an
oral communication may request written confirmation that the materialis Proprietary Information. A Party who delivers Proprietary
Information via an oral communication may request written
confirmation that the Party receiving the information understands that
the material is Proprietary Information. Each Party shall have the right
to correct an inadvertent failure to identify il")formation as Proprietary
Information by giving written notification within thirty (30) Days after the
information is disclosed. The receiving Party shall from that time
forward, treat such information as Proprietary Information.
21.Upon request by the disclosing Party, the receiving Party
shall return all tangible copies of Proprietary Information, whether
written, graphic or otherwise, except that the receiving Party may retain
one copy for archival purposes.
21.Each Party shall keep all of the other Party s Proprietary
Information confidential and will disclose it on a need to know basis
only. Each Party shall use the other Party s Proprietary Information
only in connection with this Agreement and in accordance with
Applicable Law. In accordance with Section 222 of the Act, when
either Party receives or obtains Proprietary Information from the other
Party for purposes of providing any Telecommunications Services or
information services or both, that Party shall use such information only
for such purpose, and shall not use such information for its own
marketing efforts. Neither Party shall use the other Partys Proprietary
Information for any other purpose except upon such terms and
conditions as may be agreed upon between the Parties in writing.
Violations of these obligations shall subject a Party s employees to
disciplinary action up to and including termination of employment.
either Party loses, or makes an unauthorized disclosure of, the other
Party Proprietary Information it will notify such other Party
immediately and use reasonable efforts to retrieve the information.
21.4 Nothing herein is intended to prohibit a Party from supplying
factual information about its network and Telecommunications
Services on or connected to its network to regulatory agencies
including the FCC and the appropriate state regulatory commission so
long as any confidential obligation is protected. In addition either Party
shall have the right to disclose Proprietary Information to any mediator,
arbitrator, state or federal regulatory body, the Department of Justice
or any court in the conduct of any proceeding arising under or relating
in any way to this Agreement or the conduct of either Party in
connection with this Agreement or in any proceedings concerning the
provision of InterLATA services by Owest that are or may be required
by the Act. The Parties agree to cooperate with each other in order toseek appropriate protection or treatment of such Proprietary
Information pursuant to an appropriate protective order in any such
proceeding.
Page 7 of 14
QWEST MASTER SERVICES AGREEMENT
21.Effective Date of this Section. Notwithstanding any other
provision of this Agreement, the Proprietary Information provisions of
this Agreement shall apply to all information furnished by either Party
to the other in furtherance of the purpose of this Agreement, even if
furnished before the Effective Date.
21.Each Party agrees that the disclosing Party could be
irreparably injured by a breach of the confidentiality obligations of this
Agreement by the receiving Party or its representatives and that the
disclosing Party shall be entitled to seek equitable relief, including
injunctive relief and specific performance in the event of any breach of
the confidentiality provisions of this Agreement. Such remedies shall
not be deemed to be the exclusive remedies for a breach of the
confidentiality provisions of this Agreement, but shall be in addition to
all other remedies available at law or in equity.
21.Nothing herein should be construed as limiting either Party
rights with respect to its own Proprietary Information or its obligations
with respect to the other Party s Proprietary Information under Section
222 of the Act.
21.Nothing in this Agreement shall prevent either Party from
disclosing this Agreement or the substance thereof to any third party
after its execution.
22. Waiver. The failure of either Party to enforce any of the
provisions of this Agreement or the waiver thereof in any instance shall
not be construed as a general waiver or relinquishment on its part of
any such provision, but the same shall, nevertheless, be and remain in
full force and effect.
23. ReQulatorv Approval. Each party reserves its rights with
respect to whether this Agreement is subject to Sections 251 and 252
of the Act. In the event the FCC, a state commission or any other
governmental authority or agency rejects or modifies any material
provision in this Agreement, either Party may immediately upon written
notice to the other Party terminate this Agreement and any
interconnection agreement amendment executed concurrently with this
Agreement. If a Party is required by a lawful, binding order to file this
Agreement or a provision thereof with the FCC or state regulatory
authorities for approval or regulatory review, the filing party shall
provide written notice to the other party of the existence of such lawful
binding order so that the other party may seek an injunction or other
relief from such order. In addition, the filing party agrees to reasonably
cooperate to amend and make modifications to the Agreement to allowthe filing of the Agreement or the specific part of the Agreement
affected by the order to the extent reasonably necessary.
24. Notices Any notices required by or concerning this
Agreement shall be in writing and shall be sufficiently given if delivered
personally, delivered by prepaid overnight express service, sent by
facsimile with electronic confirmation, or sent by certified mail, return
receipt requested, or by em ail where specified in this Agreement to
Owest and CLEC at the addresses shown on the cover sheet of this
Agreement.
25. Force Majeure. Neither Party shall be liable for any delay
or failure in performance of any part of this Agreement from any cause
beyond its control and without its fault or negligence including, without
limitation, acts of nature, acts of civil or military authority, government
regulations, embargoes, epidemics. terrorist acts, riots, insurrections.
fires, explosions, earthquakes, nuclear accidents, floods, work
stoppages, power blackouts. volcanic action, other major
environmental disturbances. or unusually severe weather conditions
(collectively, a Force Majeure Event). Inability to secure products or
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-O50124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-O50124-0006
Owest MSA
OR Agreement No. CDS-O50124-0007
UT Agreement No. CDS-050124-0008
WA Agreement No. CDS-050124-0009
services of other Persons or transportation facilities or acts or
omissions of transportation carriers shall be considered Force Majeure
Events to the extent any delay or failure in performance caused by
these circumstances is beyond the Party s control and without that
Party s fault or negligence. The Party affected by a Force Majeure
Event shall give prompt notice to the other Party, shall be excused
from performance of its obligations hereunder on a day to day basis to
the extent those obligations are prevented by the Force Majeure
Event, and shall use reasonable efforts to remove or mitigate the
Force Majeure Event. In the event of a labor dispute or strike the
Parties agree to provide service to each other at a level equivalent to
the level they provide themselves.
26. GoverninQ Law. This Agreement is offered by Qwest in
accordance with Section 271 of the Act. Any issue of general contract
law shall be interpreted solely in accordance with the state law of New
York, without reference to any conflict of laws principles.
27.Dispute Resolution
27.If any claim, controversy or dispute between the Parties,
their agents, employees, officers, directors or affiliated agents should
arise, and the Parties do not resolve it in the ordinary course of their
dealings (the "Dispute ). then it shall be resolved in accordance with
this Section. Each notice of default, unless cured within the applicable
cure period, shall be resolved in accordance herewith. Dispute
resolution under the procedures provided in this Section 27 shall be
the preferred, but not the exclusive remedy for all disputes between
Qwest and CLEC arising out of this Agreement or its breach. Each
Party reserves its rights to resort to any forum with competent
jurisdiction. Nothing in this Section 23 shall limit the right of either
Qwest or CLEC, upon meeting the requisite showing, to obtain
provisional remedies (including injunctive relief) from a court before,
during or after the pendency of any arbitration proceeding brought
pursuant to this Section 27. Once a decision is reached by the
arbitrator, however, such decision shall supersede any provisional
remedy.
27.At the written request of either Party (the Resolution
Request), and prior to any other formal dispute resolution proceedings,
each Party shall within seven (7) calendar Days after such Resolution
Request designate a director level employee or a representative with
authority to make commitments to review, meet, and negotiate, in good
faith, to resolve the Dispute. The Parties intend that these negotiationsbe conducted by non-lawyer, business representatives, and the
locations, format, frequency, duration, and conclusions of these
discussions shall be at the discretion of the representatives. By mutual
agreement, the representatives may use other procedures, such as
mediation, to assist in these negotiations. The discussions and
correspondence among the representatives for the purposes of these
negotiations shall be treated as Confidential Information developed for
purposes of settlement, and shall be exempt from discovery and
production, and shall not be admissible in any subsequent arbitration
or other proceedings without the concurrence of both of the Parties.
27.If the director level representatives or the designated
representative with authority to make commitments have not reached a
resolution of the Dispute within fifteen (15) calendar Days after the
Resolution Request (or such longer period as agreed to in writing by
the Parties), then the Parties shall in good faith attempt to resolve the
Dispute through vice-presidential representatives. If the vice-
presidential representatives are unable to resolve the Dispute within
thirty (30) Calendar Days after the Resolution Request (or such longer
period as agreed to in writing by the Parties), then either Party may
request that the Dispute be settled by arbitration. If either Party
requests arbitration, the other Party shall be required to comply with
that request and both Parties shall submit to binding arbitration of the
Page 8 of 14
QWEST MASTER SERVICES AGREEMENT
Dispute as described in this Section. Notwithstanding the foregoing
escalation timeframes, a Party may request that the Dispute of the type
described in Section 27.1, below, be settled by arbitration two (2)
calendar Days after the Resolution . Request pursuant to the terms of
Section 27.1. In any case, the arbitration proceeding shall be
conducted by single arbitrator knowledgeable about the
Telecommunications industry unless the Dispute involves amounts
exceeding five million ($5,000,000) in which case the proceeding shall
be conducted by a panel of three (3) arbitrators, knowledgeable about
the Telecommunications industry. The arbitration proceedings shall be
conducted under the then-current rules for commercial disputes of the
American Arbitration Association (AAA) or J.S.lEndispute, at the
election of the Party that initiates dispute resolution under this Section
27. Such rules and procedures shall apply notwithstanding any part of
such rules that may limit their availability for resolution of a Dispute.
The Federal Arbitration Act, 9 U.C. Sections 1-16, not state law, shall
govern the arbitrability of the Dispute. The arbitrator shall not have
authority to award punitive damages. The arbitrators award shall be
final and binding and may be entered in any court having jurisdiction
thereof. Each Party shall bear its own costs and attorneys' fees, and
shall share equally in the fees and expenses of the arbitrator. The
arbitration proceedings shall occur in the Denver Colorado
metropolitan area or in another mutually agreeable location. It is
acknowledged that the Parties, by mutual , written agreement, may
change any of these arbitration practices for a particular, some, or all
Dispute(s). The Party that sends the Resolution Request must notify
the Secretary of the FCC of the arbitration proceeding within forty-eight
(48) hours of the determination to arbitrate.
27.All expedited procedures prescribed by the AAA or
S.lEndispute rules, as the case may be, shall apply to
Disputes affecting the ability of a Party to provide
uninterrupted, high quality services to its End User
Customers, or as otherwise called for in this Agreement. A
Party may seek expedited resolution of a Dispute if the vice-
presidential level representative, or other representative with
authority to make commitments, have not reached a
resolution of the Dispute within two (2) calendar Days after
the Resolution Request. In the event the Parties do not
agree that a service-affecting Dispute exists, the Dispute
resolution shall commence under the expedited process set
forth in this Section 27, however, the first matter to be
addressed by the arbitrator shall be the applicability of such
process to such Dispute.
27.There shall be no discovery except for the
exchange of documents deemed necessary by the arbitratorto an understanding and determination of the Dispute.
awest and CLEC shall attempt, in good faith, to agree on a
plan for such document discovery. Should they fail to agree,
either awest or CLEC may request a joint meeting or
conference call with the arbitrator. The arbitrator shall
resolve any Disputes between awest and CLEC, and such
resolution with respect to the need, scope, manner, and
timing of discovery shall be final and binding.
27.Arbitrator s Decision
27.1 The arbitrator s decision and award shall
be in writing and shall state concisely the reasons
for the award, including the arbitrator s findings of
fact and conclusions of law.
27.2 An interlocutory decision and award of
the arbitrator granting or denying an application for
preliminary injunctive relief may be challenged in a
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-050124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-050124-0006
Qwest MSA
OR Agreement No. CDS-050124-0007
UT Agreement No. CDS-050124-0008
WA Agreement No. CDS-050124-0009
forum of competent jurisdiction immediately, but
no later than ten (10) business days after the
appellant'receipt of the decision challenged.
During the pendency of any such challenge, any
injunction ordered by the arbitrator shall remain in
effect, but the enjoined Party may make an
application to the arbitrator for appropriate security
for the payment of such costs and damages as
may be incurred or suffered by it if it is found to
have been wrongfully enjoined, if such security
has not previously been ordered. If the authority
of competent jurisdiction determines that it will
. review a decision granting or denying an
application for preliminary injunctive relief, such
review shall be conducted on an expedited basis.
27.3.4 To the extent that any information or materials
disclosed in the course of an arbitration proceeding contain
proprietary, trade secret or Confidential Information of either
Party, it shall be safeguarded in accordance with Section 21
of this Agreement, or if the Parties mutually agree, such
other appropriate. agreement for the protection of proprietary,
trade secret or Confidential Information that the Parties
negotiate. However, nothing in such negotiated agreement
shall be construed to prevent either Party from disclosing the
other Party s information to the arbitrator in connection with
or in anticipation of an arbitration proceeding, provided,
however, that the Party seeking to disclose the information
shall first provide fifteen (15) calendar Days notice to the
disclosing Party so that that Party, with the cooperation of
the other Party, may seek a protective order from the
arbitrator. Except as the Parties otherwise agree, or as the
arbitrator for good cause orders, the arbitration proceedings,
including hearings, briefs, orders, pleadings and discovery
shall not be deemed confidential and may be disclosed at
the discretion of either Party, unless it is subject to being
safeguarded as proprietary, trade secret or Confidential
Information, in which event the procedures for disclosure of
such information shall apply.
27.Reserved.
27.No Dispute, regardless of the form of action, arising out of
this Agreement, may be brought by either Party more than two (2)
years after the cause of action accrues.
27.Reserved.
27.In the event of a conflict between this Agreement and the
rules prescribed by the AAA or J.S.lEndispute, this Agreement
shall be controlling.
27.This Section does not apply to any claim, controversy or
Dispute between the Parties, their agents, employees, officers,
directors or affiliated agents concerning the misappropriation or use of
intellectual property rights of a Party, including, but not limited to, the
use of the trademark, tradename, trade dress or service mark of a
Party.
28. Headings. The headings used in this Agreement are for
convenience only and do not in any way limit or otherwise affect the
meaning of any terms of this Agreement.
29. Authorization. Each Party represents and warrants that: (i)
the full legal name of the legal entity intended to provide and receive
the benefits and services under this Agreement is accurately set forth
Page 9 of 14
QWEST MASTER SERVICES AGREEMENT
herein; (ii) the person signing this Agreement has been duly authorized
to execute this Agreement on that Party s behalf; and (iii) the execution
hereof is not in conflict with law, the terms of any charter, bylaw
articles of association, or any agreement to which such Party is bound
or affected. Each Party may act in reliance upon any instruction,
instrument, or signature reasonably believed by it to be authorized and
genuine.
30. Third Party Beneficiaries. This Agreement will not provide
any benefit or any remedy, claim, liability, reimbursement, claim of
action, or other right in excess of those existing by explicit reference in
this Agreement to any third party.
31. Insurance. Each Party shall at all times during the term of
this Agreement, at its own cost and expense, carry and maintain the
insurance coverage listed below with insurers having a "Best'" rating
of B+XIII with respect to liability arising from its operations for which
that Party has assumed legal responsibility in this Agreement. If a
Party or its parent company has assets equal to or exceeding
$10,000,000,000, that Party may utilize an Affiliate captive insurance
company in lieu of a "Best's " rated insurer. To the extent that the
parent company of a Party is reliedupon to meet the $10,000,000,000
asset threshold, such parent shall be responsible for the insurance
obligations contained in this Section 31, to the extent its affiliated Party
fails to meet such obligations.
31.1 Workers' Compensation with statutory
limits as required in the state of operation and Employers
Liability insurance with limits of not less than $100,000 each
accident.
31.Commercial General Liability insurance
covering claims for bodily injury, death, personal injury or
property damage, including coverage for independent
contractor protection (required if any work will be
subcontracted), 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 occmrence and $2,000,000
general aggregate limit.
31.3 "All Risk" Property coverage on a full
replacement cost basis insuring all of such Party s personal
property situated on or within the Premises.
31.Each Party may be asked by the other to provide
certificate(s) of insurance evidencing coverage, and thereafter shall
provide such certificate(s) upon request. Such certificates shall (1) .
name the other Party as an additional insured under commercial
general liability coverage; (2) provide thirty (30) calendar Days prior
written notice of cancellation of, material change or exclusions in the
policy(s) to which certificate(s) relate; (3) indicate that coverage is
primary and not excess of, or contributory with, any other valid and
collectible insurance purchased by such Party; and (4) acknowledge
severability of interesUcross liability coverage.
32. Communications Assistance Law Enforcement Act of
1994 Each Party represents and warrants that any equipment
facilities or services provided to the other Party under this Agreement
comply with the CALEA. Each Party shall indemnify and hold the other
Party harmless from any and all penalties imposed upon the other
Party for such noncompliance and shall at the non-compliant Party
sole cost and expense, modify or replace any equipment, facilities or
services provided to the other Party under this Agreement to ensure
that such equipment, facilities and services fully comply with CALEA.
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-050124-0004
CO Agreement No. CDS-050124-0005
MN Agreement No. CDS-050124-0006
Qwest MSA
OR Agreement No. CDS-050124-0007
UT Agreement No. CDS-050124-000B
WA Agreement No. CDS-050124-0009
33.Entire AQreement.
33.This Agreement (including all Service Exhibits,
Attachments, Rate Sheets, and other documents referred to
herein) constitutes the full and entire understanding and
agreement between the Parties with regard to the subjects of
this Agreement and supersedes any prior understandings,
agreements, or representations by or between the Parties,
written or oral, including but not limited to, any term sheet or
memorandum of understanding entered into by the Parties,
to the extent they relate in any way to the subjects of this
Agreement. Notwithstanding the foregoing, certain Network
Elements and services used in combination with the QPP
service provided under this Agreement are provided by
Qwest to CLEC under the terms and conditions of ICAs and
SGATs, where CLEC has opted into an SGAT as its ICA,
and nothing contained herein is intended by the parties to
amend, alter, or otherwise modify those terms and
conditions.
34.Proof of Authorization.
34.Each Party shall be responsible for obtaining and
maintaining Proof of Authorization (POA), as required by applicable
federal and state law, as amended from time to time.
34.Each Party shall make POAs available to the other Party
upon request. In the event of an allegation of an unauthorized change
or unauthorized service in accordance with all Applicable Laws and
rules, the Party charged with the alleged infraction shall be responsible
for resolving such claim, and it shall indemnify and hold harmless the
other Party for any losses, damages, penalties, or other claims in
connection with the alleged unauthorized change or service.
35.General Terms for Network Elements
35.Qwest shall provide general repair and maintenance
services on its facilities, including those facilities supporting Network
Elements and QPPTM services purchased by CLEC under this
Agreement, at a level that is consistent with other comparable services
provided by Qwest.
35.In order to maintain and modernize the network properly,
Qwest may make necessary modifications and changes to the Network
Elements in its network on .an as needed basis. Such changes may
result in minor changes to transmission parameters. Network
maintenance and modernization activities will result in Network
Element transmission parameters that are within transmission limits of
the Network Element ordered by CLEC. Qwest shall provide advance
notice of changes that affect network Interoperability pursuant to
applicable FCC rules. Changes that affect network Interoperability
include changes to local dialing from seven (7) to ten (10) digit, area
code splits, and new area code implementation. FCC rules are
contained in CFR Part 51 and 52. Qwest provides such disclosures on
an Internet web site.
35.Miscellaneous Charges are defined in the Definitions
Section. Miscellaneous Charges are in addition to nonrecurring and
recurring charges set forth in the Rate Sheet. Miscellaneous Charges
apply to activities CLEC requests Qwest perform, activities CLEC
authorizes, or charges that are a result of CLEC's actions, such as
cancellation charges. Rates for Miscellaneous Charges are contained
or referenced in the Rate Sheet. Unless otherwise provided for in this
Agreement. no additional charges will apply.
Page 10 of 14
QWEST MASTER SERVICES AGREEMENT
35.Network Security
35.4.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 User Customers and property, etc., but in no case less
than a commercially reasonable degree of care.
3~.4.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.
~pe~ifically, no employee, agent or representative shall monitor any
circuits except as required to repair or provide service of any End User
Customer at any time. Nor 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
place. Violation of such security may entail state and federal criminal
penalties, as well as civil penalties. CLEG is responsible for covering
Its employees on such security requirements and penalties.
35.The Parties' networks are part of the national
security network, and as such, are protected by federal law. Deliberate
sabotage 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 emergency or state of
war. The Parties are responsible for covering their employees on such
security requirements and penalties.
35.4.4 Qwest shall not be liable for any losses, damages or other
claims, including, but not limited to, uncollectible or unbillable
revenues, resulting from accidental, erroneous, malicious, fraudulent or
otherwise unauthorized use of services or facilities ('Unauthorized
Use ), whether or not such Unauthorized Use could have been
reasonably prevented by Qwest, except to the extent Qwest has been
notified in advance by GLEC of the existence of such Unauthorized
Use, and fails to take commercially reasonable steps to assist in
stopping or preventing such activity.
35.4.4.Qwest shall make available to GLEG
future fraud prevention or revenue protection features with
QPP on a commercially reasonable basis. Presently, QPP
fraud features include, but are not limited to, screening
codes, information digits '29' and '70' which indicate prison
and GOGOT pay phone originating line types respectively;
call blocking of domestic, international, 800, 888,900, NPA-
976, 700 and 500 numbers.
35.4.4.If either Party becomes aware of
potential fraud with respect to End User accounts, the Party
shall promptly inform the other Party and, at the direction of
that Party, take commE!rcially reasonable action to mitigate
the fraud where such action is possible.
35.5. Construction Charaes Qwest will provide necessary
construction only to the extent required by applicable law.
35.6. Individual Case Basis Requests GLEG may request
additional Network Element or services not specified in this
Agreement, and Qwest will consider such requests on an Individual
Gase Basis ("1GB"
36.Responsibility For Environmental Contamination
January 24, 2005/pjd/Escehlon
AZ Agreement No. GDS-O50124-0004
GO Agreement No. CDS-O50124-0005
MN Agreement No. GDS-O50124-0006
Qwest MSA
OR Agreement No. GDS-O50124-0007
UT Agreement No. GDS-O50124-0008
WA Agreement No. GDS-O50124-0009
36.Neither Party shall be liable to the other for any costs
whatsoever resulting from the presence or release of any
Environmental Hazard that either Party did not introduce to the
affected work location. Both Parties shall defend and hold harmless
the other, its officers, directors and employees from and against any
losses, damages, claims, demands, suits, liabilities, fines, penalties
and expenses (including reasonable attorneys' fees) that arise out of or
result from (i) any Environmental Hazard that the Indemnifying Party,
its contractors or agents introduce to the work locations or (ii) the
presence or release of any Environmental Hazard for which the
Indemnifying Party is responsible under Applicable Law..
36.In the event any suspect materials within Qwest-owned,
operated or leased facilities are identified to CLEG by Qwest to be
asbestos containing, GLEC will ensure that to the extent any activities
which it undertakes in the facility disturb such suspect materials, such
CLEC activities will be in accordance with applicable local, state and
federal environmental and health and safety statutes and regulations.
Except for abatement activities undertaken by GLEG or equipment
placement activities that result in the generation of asbestos-containing
material, CLEG does not have any responsibility for managing, nor is it
the owner of, nor does it have any liability for, or in connection with,
any asbestos-containing material. Qwest agrees to immediately notify
GLEC if Qwest undertakes any asbestos control or asbestos
abatement activities that potentially could affect GLEG personnel
equipment or operations, including, but not limited to, contamination of
equipment.
Page 11 of 14
QWEST MASTER SERVICES AGREEMENT
ADDENDUM 1
DEFINITIONS:
Act" means the Communications Act of 1934 (47 U.C. 151 et. seq.), as
amended..
Advanced Intelligent Network" or "AIN" is a Telecommunications network
architecture in which call processing, call routing and network management
are provided by means of centralized databases.
Affiliate" means a Person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with,
another person. For purposes of this paragraph, the term 'own' means to
own an equity interest (or the equivalent thereof) of more than 10 percent.
Automatic Location Identification" or "All" is. the automatic display at the
Public Safety Answering Point of the caller s telephone number, the
address/location of the telephone and supplementary emergency services
information for Enhanced 911 (E911).
Applicable Law" means all laws, statutes, common law including, but not
limited to, the Act, the regulations, rules, and final orders of the FCC, a
state regulatory authority, and any final orders and decisions of a court of
competent jurisdiction reviewing the regulations, rules, or orders of the
FCC or a state regulatory authority.
Bill Date" means the date on which a Billing period ends, as identified on
the bill.
Billing involves the provision of appropriate usage data by one
Telecommunications Carrier to another to facilitate Customer Billing with
attendant acknowledgments and status reports. It also involves the
exchange of information between Telecommunications Carriers to process
claims and adjustments.
Carrier" or "Common Carrier" See Telecommunications Carrier.
Central Office" means a building or a space within a building where
transmission facilities or circuits are connected or switched.
Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.
Section 332 and FCC rules and orders interpreting that statute.
Communications Assistance for Law Enforcement Act" or "CALEA" refers
to the duties and obligations of Carriers under Section 229 of the Act.
Confidential Information" means information, including but not limited to
specifications, microfilm, photocopies, magnetic disks, magnetic tapes,
drawings, sketches, models, samples, tools, technical information, data,
employee records, maps, financial reports, and market data, (i) furnished
by one Party to the other Party dealing with business or marketing plans,
End User Customer specific, facility specific, or usage specific information,
other than End User Customer information communicated for the purpose
of providing Directory Assistance or publication of directory database, or (ii)
in written, graphic, electromagnetic, or other tangible form and marked at
the time of delivery as "Confidential" or "Proprietary , or (Hi) communicated
and declared to the receiving Party at the time of delivery, or by written
notice given to the receiving Party within ten (10) calendar Days after
delivery, to be "Confidential" or "Proprietary . Confidential information does
not include information that: a)was at the time of receipt already known to
the receiving Party free of any obligation to keep it confidential evidenced
by written records prepared prior to delivery by the disclosing Party; b) is or
becomes publicly known through no wrongful act of the receiving Party; c)
is rightfully received from a third Person having no direct or indirect secrecy
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-050124-0004
CO Agreement No. CDS-050124-0005
MN Agreement No. CDS-050124-0006
Owest MSA
OR Agreement No. CDS-050124-0007
UT Agreement No. CDS-050124-0008
WA Agreement No. CDS-050124-0009
or confidentiality obligation to the disclosing Party with respect to such
information; d) is independently developed without reference to or
use of Confidential Information of the other Party; e) is disclosed to a third
Person by the disclosing Party without similar restrictions on such third
Person s rights; f) is approved for release by written authorization of the
disclosing Party; g) is required to be disclosed by the receiving Party
pursuant to Applicable Law or regulation provided that the receiving Party
shall give sufficient notice of the requirement to the disclosing Party to
enable the disclosing Party to seek protective orders.
Customer" means the Person purchasing a Telecommunications Service
or an information service or both from a Carrier.
Day" means calendar days unless otherwise specified.
Demarcation Poinf is defined as the point at which the LEC ceases to
own or control Customer premises wiring including without limitation inside
wiring.
Directory Assistance Database" contains only those published and non-
listed telephone number listings obtained by Owest from its own End User
Customers and other Telecommunications Carriers.
Directory Assistance Service" includes, but is not limited to, making
available to callers, upon request, information contained in the Directory
Assistance Database. Directory Assistance Service includes, where
available, the option to complete the call at the caller s direction.
Directory Listings" or "Listings" are any information: (1) identifying the
listed names of subscribers of a Telecommunications Carrier and such
subscriber telephone numbers, addressees, or primary advertising
classifications (as such classifications are assigned at the time of the
establishment of such service), or any combination of such listed names,
numbers, addresses or classifications; and (2) that the
Telecommunications Carrier or an Affiliate has published, caused to be
published, or accepted for publication in any directory format.
Due Date" means the specific date on which the requested service is to be
available to the CLEC or to CLEC's End User Customer, as applicable.
End User Customer" means a third party retail Customer that subscribes
to a Telecommunications Service provided by either of the Parties or by
another Carrier or by two (2) or more Carriers.
Environmental Hazard" means any substance the presence, use,
transport, abandonment or disposal of which (i) requires investigation,
remediation, compensation, fine or penalty under any Applicable Law
(including, without limitation, the Comprehensive Environmental Response
Compensation and Liability Act Superfund Amendment and
Reauthorization Act Resource Conservation Recovery Act the
Occupational Safety and Health Act and provisions with similar purposes in
applicable foreign, state and local jurisdictions) or (ii) poses risks to human
health, safety or the environment (including, without limitation, indoor
outdoor or orbital space environments) and is regulated under any
Applicable Law.
FCC" means the Federal Communications Commission.
Interexchange Carrier" or "IXC" means a Carrier that provides lnterLA T A
or IntraLA T A Toll services.
Line Information Database" or "LlDB" stores various telephone line
numbers and Special Billing Number (SBN) data used by operator services
systems to process and bill Alternately Billed Services (ABS) calls. The
Page 12 of 14
QWEST MASTER SERVICES AGREEMENT
operator services system accesses LlDB data to provide originating line
(calling number), Billing number and terminating line (called number)
information. LlDB is used for calling card validation, fraud prevention,
Billing or service restrictions and the sub-account information to be
included on the call's Billing record. Telcordia s GR-446-CORE defines the
interface between the administration system and LlDB including specific
message formats (Telcordia s TR-NWP-OOOO29, Section 10).
Line Side" refers to End Office Switch connections that have been
programmed to treat the circuit as a local line connected to a terminating
station (e., an End User Customer s telephone station set, a PBX,
answering machine, facsimile machine, computer, or similar customer
device ).
Local Exchange Carrier" or "LEC" means any Carrier that is engaged in
the provision of telephone Exchange Service or Exchange Access. Such
term does not include a Carrier insofar as such Carrier is engaged in the
provision of Commercial Mobile Radio Service under Section 332(c) of the
Act, except to the extent that the FCC finds that such service should be
included in the definition of such term.
Loop" or "Unbundled Loop" is defined as a transmission facility between a
distribution frame (or its equivalent) in a Qwest Central Office and the Loop
Demarcation Point at an End User Customer s premises
Local Service Request" or "LSR" means the industry standard forms and
supporting documentation used for ordering local services.
Miscellaneous Charges" mean cost-based charges that Qwest may
assess in addition to recurring and nonrecurring rates set forth in the rate
sheet, for activities CLEC requests Qwest to perform, activities CLEC
authorizes, or charges that are a result of CLEC'actions, such as
cancellation charges, additional labor and maintenance. Miscellaneous
Charges are not already included in Qwest's recurring or nonrecurring
rates. Miscellaneous Charges shall be contained in or referenced in the
rate sheet.
Network Element" is a facility or equipment used in the provision of
Telecommunications Service or an information service or both. It also
includes features, functions, and capabilities that are provided by means of
such facility or equipment, including subscriber numbers, databases,
signaling systems, and information sufficient for Billing and collection used in the transmission routing, or other provision of
Telecommunications Service or an information service or both, as is more
fully described in the Agreement.
Operational Support Systems" or "OSS" mean pre-ordering, provisioning,
maintenance, repair and billing systems.
Order Form" means service order request forms issued by Qwest, as
amended from time to time.
Party" means either Qwest or CLEC and "Parties" means Qwest and
CLEC.
Person is a general term meaning an individual or association
corporation, firm, joint-stock company, organization, partnership, trust or
any other form or kind of entity.
Port" means a line or trunk connection point, including a line card and
associated peripheral equipment, on a Central Office Switch but does not
include Switch features. The Port serves as the hardware termination for
. line or Trunk Side facilities connected to the Central Office Switch. Each
Line Side Port is typically associated with one or more telephone numbers
that serve as the Customer s network address.
January 24, 2005/pjd/Escehion
AZ Agreement No. CDS-050124-0004
CO Agreement No. CDS-050124-0005
M N Agreement No. CDS-O50 124-0006
Qwest MSA
OR Agreement No. CDS-050124-0007
UT Agreement No. CDS-050124-0008
WA Agreement No. CDS-O50124-0009
POTS" means plain old telephone service.
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.
Proof of Authorization" or "POA" shall consist of verification of the End
User Customer s selection and authorization adequate to document the
End User Customer s selection of its local service provider and may take
the form of a third party verification format.
Proprietary Information" shall have the same meaning as Confidential
Information.
Provisioning involves the exchange of information between
Telecommunications Carriers where one executes a request for a set of
products and services or Network Elements or combinations thereof from
the other with attendant acknowledgments and status reports.
Public Switched Network" includes all Switches and transmission facilities
whether by wire or radio, provided by any Common Carrier including LECs,
(XCs and CMRS providers that use the North American Numbering Plan in
connection with the provision of switched services.
Service Exhibits" means the descriptions, terms, and conditions relating
to specific Network Elements or services provided under this Agreement
attached hereto as an exhibit.
Serving Wire Center" denotes the Wire Center from which dial tone for
local exchange service would normally be provided to a particular
Customer premises.
Shared Transport" is defined as local interoffice transmission facilities
shared by more than one Carrier, including Qwest, between End Office
Switches, between End Office Switches and Tandem Switches (local and
Access Tandem Switches), and between Tandem Switches within the
Local Calling Area, as described more fully in the Agreement.
Switch" means a switching device employed by a Carrier within the Public
Switched Network. Switch includes but is not limited to End Office
Switches, Tandem Switches, Access Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as a
combination of End OfficelTandem Switches.
Switched Access Traffic," as specifically defined in Qwest's interstate
Switched Access Tariffs, is traffic that originates at one of the Party s End
User Customers and terminates at an IXC Point of Presence, or originates
at an IXC Point of Presence and terminates at one of the Party s End User
Customers, whether or not the traffic transits the other Party s network.
Tariff" as used throughout this Agreement refers to Qwest interstate
Tariffs and state Tariffs, price lists, and price schedules.
Telecommunications Carrier" means any provider of Telecommunications
Services, except that such term does not include aggregators of
Telecommunications Services (as defined in Section 226 of the Act). A
Telecommunications Carrier shall be treated as a Common Carrier underthe Act only to the extent that it is engaged in providing
Telecommunications Services, except that the FCC shall determine
whether the provision of fixed and mobile satellite service shall be treated
as common carriage.
Page 13 of 14
aWEST MASTER SERVICES AGREEMENT
Telecommunications Services" means the offering of telecommunications
for a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the facilities used.
Telephone Exchange Service" means a service within a telephone
exchange, or within a connected system of telephone exchanges within thesame exchange area operated to furnish to End User Customers
intercommunicating service of the character ordinarily furnished by a single
exchange. and which is covered by the exchange service charge, or
comparable service provided through a system of Switches, transmission
equipment or other facilities (or combinations thereof) by which a
subscriber can originate and terminate a Telecommunications Service.
Trunk Side" refers to Switch connections that have been programmed to
treat the circuit as connected to another switching entity.
Wire Center" denotes a building or space within a building that serves as
an aggregation point on a given Carrier s network, where transmission
facilities are connected or switched. Wire Center can also denote a
building where one or more Central Offices, used for the provision of basic
exchange telecommunications services and access services, are located.
Terms not otherwise defined here but defined in the Act and the orders and
the rules implementing the Act or elsewhere in the Agreement, shall have
the meaning defined there. The definition of terms that are included here
and are also defined in the Act, or its implementing orders or rules, are
intended to include the definition as set forth in the Act and the rules
implementing the Act.
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-O50124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-O50124-0006
Qwest MSA
OR Agreement No. CDS-O50124-0007
UT Agreement No. CDS-O50124-0008
WA Agreement No. CDS-O50124-0009
Page 14 of 14
SERVICE EXHIBIT 1 - QWEST PLATFORM PLUSTM SERVICE
SERVICE EXHIBIT
QWEST PLATFORM PLUSTM (QPp ) SERVICE
Qwest shall provide QPPTM service offerings according to
the following terms and conditions. CLEC may use QPPTM
services to provide any telecommunications services,
information services, or both that CLEC chooses to offer.
General QPPTM Service Description
QPPTM services shall consist of the Local Switching Network
Element (including the basic switching function, the port,
plus the features, functions, and capabilities of the Switch
including all compatible and available vertical features, such
as hunting and anonymous call rejection, provided by the
Qwest switch) and the Shared Transport Network Element in
combination, at a minimum to the extent available on UNE-
under the applicable interconnection agreement or SGA
where CLEC has opted into an SGA T as its interconnection
agreement (collectively, "I CAs ) as the same existed on June14, 2004. Qwest Advanced Intelligent Network (AIN)
services (such as Remote Access Forwarding/Call
Following), Qwest Digital Subscriber Line (DSL), and Qwest
Voice Messaging Services (VMS) may also be purchased
with compatible QPPTM services.- These Network Elements
will be provided in compliance with all BeliCore and other
industry standards and technical and performance
specifications and will allow CLEC to combine the QPPTM
services with a compatible voicemail product and stutter dial
tone. Access to 911 emergency services and directory
listings will be provided by Qwest pursuant to the terms and
conditions of CLEC's ICAs. As part of the QPPTM service,
Qwest shall combine the Network Elements that make up
QPPTM service with Analog/Digital Capable Loops, with such
Loops (including services such as line splitting) being
provided pursuant to the rates, terms and conditions of the
CLEC's ICAs as described below.
QPPTM service shall be available in six different service
arrangements, each of which is described more fully below:
QPPTM Residential; QPPTM Business; QPPTM Centrex
(including Centrex 21 , Centrex Plus, and CentroD in
Minnesota only); QPPTM ISDN BRI; QPPTM PAL; and QPPTM
PBX Analog DID and non-DID (one way and two way)
trunks.
Combination of QPPTM Network Elements with Loops
The Loop will be provided by Qwest under the applicable
ICAs in effect between Qwest and CLEC at the time the
order is placed. As part of the QPPTM service, Qwest shall
as described below combine the Local Switching and Shared
Transport Network Elements with the Loop provided
pursuant to the terms and conditions of CLEC's ICAs.
1 The following QPPTM service types will be
combined with 2-wire loops: QPPTM .Business; QPPTM
Centrex (including Centrex 21 , Centrex Plus, and Centron in
Minnesota Only), QPPTM ISDN BRI; QPPTM PAL; QPPTM
PBX Analog non-DID and 1-Way DID Trunks, and; QPPTM
Residential.
2 The following QPPTM service type will be
combined with 4 wire loops: QPPTM PBX Analog 2-Way DID
Trunks.
January 24 , 2005/pjd/Escehlon
AZ Agreement No. CDS-050124-0004 OR Agreement No. CDS-050124-0007
CO Agreement No. CDS-050124-0005 UT Agreement No. CDS-050124-0008
MN Agreement No. CDS-050124-0006 WA Agreement No. CDS-050124-0009
Service Exhibit 1- QWEST PLATFORM PLUSTM SERVICE
Local Switching
The Local Switching Network Element of QPPTM service will
be technically and functionally equivalent or superior to the
Local Switching Network Element of the comparable UNE-
service provided by Qwest to CLEC under its ICAs as of
June 14, 2004. The Local Switching Network Element of
QPPTM service encompasses Line Side and Trunk Side
facilities including without limitation the basic switching
function, plus the features, functions, and all vertical features
that are loaded in Qwest's End Office Switch. Vertical
features are software attributes on End Office Switches and
are listed in the PCAT.
Local Switching components include Analog Line Port
Digital Line Port Supporting BRI ISDN and Analog Trunk
Ports.
Line Port attributes include but are not limited to:
Telephone Number, Dial Tone, Signaling (Loop or ground
start), On/Off Hook Detection, Audible and Power Ringing,
Automatic Message Accounting (AMA Recording), and
Blocking Options. Operator Services, and Directory
Assistance are provided pursuant to the terms and
conditions of CLEC's ICAs.
Digital Line Port Supporting BRIISDN. Basic Rate
Interface Integrated Services Digital Network (BRI ISDN) is a
digital architecture that provides integrated voice and data
capability (2 wire). A BRI ISDN Port is a Digital 2B+D (2
Bearer Channels for voice or data and 1 Delta Channel for
signaling and Channel Packet) Line Side Switch
connection with BRI ISDN voice and data basic elements.
For flexibility and customization, optional features can be
added. BRI ISDN Port does not offer B Channel Packet
service capabilities. The serving arrangement conforms to
the internationally developed, published, and recognized
. standards generated by International Telegraph and
Telephone Union (formerly CCITT).
Analog Trunk Port. DSO Analog Trunk Ports can
be configured as DID, DOD, and Two-way.
Analog Trunk Ports provide a 2-Way
Analog Trunk with DID, E&M Signaling and 2-Wire or 4-Wire
connections. This Trunk Side connection inherently includes
hunting within the trunk group.
All trunks are designed as 4-Wire
leaving the Central Office. For 2-Wire service, the trunks are
converted at the End User Customer s location.
Two-way Analog DID Trunks are
capable of initiating out going calls, and may be equipped
with either rotary or Touch-tone (DTMF) for this purpose.
When the trunk is equipped with DID Call Transfer feature,
both the trunk and telephone instruments must be equipped
with DTMF.
3.4 Two-way Analog DID Trunks require
E&M signaling. Qwest will use Type I and II E&M signaling
to provide these trunks to the PBX. Type 1\ E&M signaling
from Qwest to the PBX will be handled as a Special
Assembly request Via ICB.
Vertical Features and Ancillary Functions and Services
Page 1 of 6
SERVICE EXHIBIT 1 - QWEST PLATFORM PLUSTM SERVICE
1.4.1 QPPTM service includes nondiscriminatory access to
all vertical features that are loaded in Owest's End Office
Switch.
1.4.The Local Switching Network Element of QPPTM
includes Qwest's signaling network for traffic originated from
the Port, including the use of Qwest's call-related databases.
In conjunction with QPPTM service, Qwest will provide
Qwest's Service Control Points in the same manner, and viathe same signaling links, as Qwest uses such service
Control Points and signaling links to provide service to its
End User Customers from that Switch. Qwest's call related
databases include the Line Information Database (LlDB),
Internetwork Calling Name Database (ICNAM), 8XX
Database for toll free calling, Advanced Intelligent Network
Databases (AIN), and Local Number Portability Database.
CLEC shall not have access to Qwest's AIN based services
that qualify for proprietary treatment, except as expressly
provided for in this Agreement.
3 ICNAM and LlDB. Owest will provide CLEC with non-
discriminatory access to Owest's LlDB database and ICNAM
database as part of the delivery of OppTM service.
4 The LlDB database is used to store various telephone
line numbers and Special Billing Number (SBN) data used
by operator services systems to process and bill Alternately
Billed Services (ABS) calls. The operator services system
accesses LlDB data to provide originating line (calling
number), Billing number and terminating line (called number)
information. LlDB is used for calling card validation, fraud
prevention, Billing or service restrictions and the sub-account
information to be included on the call's Billing record.
1.4.4.LlDB database provides information foruse in processing Alternately Billed Services
(ABS) calls including calling card, billed to third
number, and collect calls.
1.4.5 The ICNAM database is used with certain End Office
Switch features to provide the calling party s name
CLEC's End User Customer with the applicable feature
capability. ICNAM database contains current listed name
data by working telephone number served or administered
by Qwest, including listed name data provided by other
Telecommunications Carriers participating in Qwest's calling
name delivery service arrangement.
1.4.1 Qwest will provide the listed name of the
calling party that relates to the calling telephone number
(when the information is actually available in Owest's
database and the delivery thereof is not blocked or otherwise
limited by the calling party or other appropriate request).
1.4.2 For CLEC's OppTM End User Customers,
Qwest will load and update CLEC's OppTM End User
Customers' name information into the LlDB and ICNAM
databases from CLEC's completed service orders. The
process will be functionally equivalent to the process used
for these databases with UNE-P as of June 14, 2004. CLEC
is responsible for the accuracy of its End User Customers
information.
1.4.3 Qwest shall exercise reasonable efforts to
provide accurate and complete LlDB and ICNAM
information. The information is provided on an as-is basis
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-050124-0004 OR Agreement No. CDS-O50124-0007
CO Agreement No. CDS-050124-0005 UT Agreement No. CDS-050124-0008
MN Agreement No. CDS-050124-0006 WA Agreement No. CDS-O50124-0009
Service Exhibit 1- QWEST PLATFORM PLUSTM SERVICE
with all faults. Owest does not warrant or guarantee the
correctness or the completeness of such information;
however, Qwest will access the same database for CLEC'
OppTM End User Customers as Qwest accesses for its End
User Customers. In no event shall Qwest have any liability
for system outage or inaccessibility or for losses arising from
the authorized use of the data by CLEC.
1.4.5.4 There is no charge for the storage of
CLEC's OppTM End User Customers' information in the LlDB
or ICNAM databases.
1.4.6 CLEC Branded Operator Services and Directory
Assistance will be available to CLEC with OppTM service
and will be provided pursuant to the terms and conditions of
CLEC's ICAs.
Shared Transport
Owest shall provide the Shared Transport Network
Element as part of the QPPTM service. Transport beyond
Owest's local interoffice network will be carried on Qwest'
IntraLA T A Toll network and provided by Qwest to CLEC only
if CLEC chooses Owest to provide IntraLATA Toll services
for its QPPTM End User Customers. The existing routing
tables resident in the Switch will direct both Owest and
CLEC traffic over Qwest's interoffice message trunk network.
1 Owest does not authorize CLEC to offer
Qwest the ILEC as a Local Primary Interexchange
Carrier (LPIC) to its existing or new OppTM End
User Customers. Where CLEC assigns Owest as
LPIC 5123 to CLEC's existing or new OppTM End
User Customers, Qwest will bill CLEC at the rates
contained or referenced in the attached Rate
Sheet.
2 If, during the term of this Agreement
Qwest offers toll service to CLEC's OppTM End
User Customers, Qwest must establish its own
Billing relationship with such OppTM End User
Customers. Qwest may not bill CLEC, and CLEC
shall have no obligation to pay Owest, for toll
service Owest provides to CLEC's OppTM End
User Customers. In addition, CLEC shall have no
obligation to bill CLEC QPPTM End User
Customers for toll service provided by Qwest.
Owest will provide Shared Transport to carry
originating access traffic from , and terminating to, CLEC
OppTM End User Customers. CLEC traffic will be carried onthe same transmission facilities between End Office
Switches, between End Office Switches and Tandem
Switches, and between Tandem Switches in its network
facilities that Qwest uses for its own traffic.
Shared Transport usage will be billed in accordance
with the rates provided in The Rate Sheet.
QPPTM Service Arrangement Descriptions
QPPTM Business is available to CLEC for CLEC'
business end users and is offered in the following
combination: Analog Line Side Port and Shared Transport
provided pursuant to this Agreement combined with Analog -
2 Wire Voice Grade Loop provided pursuant to CLEC'
Page 2 of 6
SERVICE EXHIBIT 1 - QWEST PLATFORM PLUSTM SERVICE
ICAs.
QPPTM Centrex is available to CLEC for CLEC'
business end users. OppTM Centrex services include
Centrex 21, Centrex Plus. and Centron and is offered in the
following combination: Analog Line Side Port and Shared
Transport provided pursuant to this Agreement combined
with an Analog - 2 Wire Voice Grade Loop provided pursuant
to CLEC's ICAs.
CLEC may request a conversion from
Centrex 21 , Centrex-Plus or Centron service to OppTM
Business or OppTM Residential.
Owest will provide access to Customer
Management System (CMS) with OPPTM Centrex at the
rates set forth in the Rate Sheet.
3 QPPTM ISDN BRI is available to CLEC for CLEC's end
user customers and is offered in the following combination:
Digital Line Side Port (Supporting BRI ISDN), and Shared
Transport provided pursuant to this Agreement combined
with a Basic Rate ISDN Capable Loop provided pursuant to
CLEC's ICAs.
QPPTM PAL is available to CLEC for CLEC'
Payphone Service Providers (PSPs) and is offered in the
following combination: Analog Line Side Port, and Shared
Transport provided pursuant to this Agreement combined
with Analog - 2 Wire Voice Grade Loop provided pursuant to
CLEC's ICAs.. OppTM PAL may only be ordered for and
provisioned to Payphone Service Providers (PSPs).
5 QPPTM PBX is available to CLEC for CLEC's business
End User Customers. OppTM PBX will be offered in the
following combinations:
6 PBX Analog non-DID Trunk combination consists of
Analog Line Side Port and Shared Transport provided
pursuant to this Agreement combined with Analog - 2 wire
Voice Grade Loop provided pursuant to CLEC's ICAs.
PBX with Analog 1-Way DID Trunks combination
consists of DID Trunk Port and Shared Transport provided
pursuant to this Agreement combined with Analog - 2 wire
Voice Grade Loop provided pursuant to CLEC's ICAs.
PBX with Analog 2- Way DID Trunks combination
consists of DID Trunk Port and Shared Transport provided
pursuant to this Agreement combined with Analog - 4 wire
Voice Grade Loop provided pursuant to CLEC's ICAs.
9 QPPTM Residential is available to CLEC for CLEC'
residential End User Customers and is offered in the
following combination: Analog Line Side Port and Shared
Transport provided pursuant to this Agreement combined
with Analog - 2 Wire Voice Grade Loop provided pursuant to
CLEC's ICAs. OppTM Residential may only be ordered for
and provisioned for residential end user application. The
definition of residential service shall be the same as in
Owest's retail tariffs as applied to Owest's End User
Customers.
Additional Terms and Conditions and Service Features
January 24, 2005/pjd/Escehlon
p..:z Agreement No. CDS-O50124-0004 OR Agreement No. CDS-O50124-0007
CO Agreement No. CDS-O50124-0005 UT Agreement No. CDS-050124-0008
MN Agreement No. CDS-050124-0006 WA Agreement No. CDS-050124-0009
Service Exhibit 1- QWEST PLATFORM PLUSTM SERVICE
QPPTM services will be available only in Owest's Incumbent
Local Exchange Carrier service area within its fourteen-state
region. OppTM services will not be subject to any line
limitations such as the Zone 1 four-line MSA restriction for
unbundled switching. Owest does not warrant the
availability of facilities at any particular serving wire center.
provided that Owest warrants that CLEC shall be able to
convert all CLEC UNE-P End User Customers as of the
Effective Date to the QPP~ service. OppTM services willnot be available if facilities are not available.
Notwithstanding the foregoing, Qwest represents and
warrants that it will not otherwise restrict facilities eligible to
provide OppTM service and that any and all facilities that
would otherwise be available for retail service to a Owest
End User Customer will be considered eligible for use by
CLEC for QPPTM service to serve that same End User
Customer.
Reserved.
This Agreement is not intended to change or amend existing
intercarrier compensation arrangements between CLEC and
Qwest. Nothing in this Agreement shall alter or affect
CLEC'right to receive any applicable universal service
subsidy or other similar payments.
1 Owest shall provide to CLEC usage information within
Owest's control with respect to calls originated by or
terminated to CLEC QPPTM End User Customers in the form
of the actual information that is comparable to the
information Qwest uses to bill its own End User Customers.
Without limiting the generality of the foregoing, Qwest shall
provide CLEC with the Daily Usage Feed billing information.
Owest shall provide CLEC with usage information
necessary for CLEC to bill for InterLATA and IntraLATA
Exchange Access to the toll carrier (including Qwest where it
is the toll carrier) in the form of either the actual usage or a
negotiated or approved surrogate for this information. These
Exchange Access records will be provided as Category 11
EMI records.
3 Owest will provide DUF records for all usage billable
to CLEC's QPPTM lines, including Busy Line Verify (BL V),
Busy Line Interrupt (BLI), originating local usage, usage
sensitive CLASS TM features, and Qwest-provided intraLA T
toll. These records will be provided as Category 01 or
Category 10 EMI records. Under this Agreement
terminating local usage records will not be provided.
agreeing to the foregoing, neither Party is foreclosed from
advocating for the provision of local terminating records via
an appropriate forum.
3.4 If CLEC chooses Qwest to provide IntraLATA Toll
services for its QPPTM End User Customers, CLEC shall
compensate Qwest for such services in accordance with the
Rate Sheet.
QPPTM will include the capability for CLEC's End User
Customers to choose their long distance service (InterLA T A
and IntraLATA) on a 2-PIC basis.
CLEC shall designate the Primary Interexchange
Carrier (PIC) assignments on behalf of its End User
Customers for InterLATA and IntraLATA services. CLEC
shall follow all Applicable Laws, rules and regulations with
Page 3 of 6
SERVICE EXHIBIT 1 - QWEST PLATFORM PLUSTM SERVICE
respect to PIC changes and Owest disclaims any liability for
CLEC's improper PIC change requests.
Feature and InterLATA or IntraLATA PIC changes or
additions for QPPTM , will be processed concurrently with the
QPPTM order as specified by CLEC.
Access to 911/E911 emergency services for CLEC's End
User Customers shall be available pursuant to the terms and
conditions of CLEC's ICAs. If Owest becomes no longer
obligated to provide access to 911/E911 emergency services
pursuant to 47 U.C. 9251 , then Owest shall thereafter
provide such services under this Agreement with respect to
all CLEC QPPTM service End User Customers and new
QPPTM service End User Customers, to the same degree
and extent that such 911/E911 emergency services were
provided by Owest prior to the elimination of 911/E911
emergency services as an obligation under 47 U.C. 9251.
Reserved.
Owest AIN, Owest Voice Messaging Services and Owest
DSL (dependent upon service compatibility and end office
availability) are offered on a commercial basis and may be
purchased with OppTM at the rates set forth in the attached
Rate Sheet. Retail promotions may not be combined with
OppTM Non-recurring charges associated with Owest
DSL TM are not subject to discount. CLEC may order new or
retain existing Owest DSL service for End User Customers
when utilizing QPPTM POTS, OppTM Centrex, and OppTM
PBX (analog, non-DID trunks only) combinations, where
Technically Feasible. The price for Owest DSL provided
with OppTM service is included in the Rate Sheet to this
. Agreement.
Owest DSL host service is not available with OppTM service.
If Owest develops and deploys new local switch features forits End User Customers, those switch features will be
available in the same areas and subject to the same
limitations with OppTM service. The rates to be charged
CLEC for such new local switch features will be negotiated
but will not in any case be higher than the retail rate Owest
charges.
CLEC shall have the ability to combine the OppTM service
with a compatible voicemail product and stutter dial tone.
Rates and Charges
The recurring ("MRC") and nonrecurring (UNRC") rates for
OppTM services and all applicable usage-based rates and
miscellaneous charges (other than applicable intercarrier
compensation charges such as access charges and
reciprocal compensation and MRCs and NRCs for elements
and services provided pursuant to CLEC's ICAs) are set
forth in the attached Rate Sheets. The rates for OppTM
services set forth in the attached Rate Sheets will be in
addition to the applicable rates for elements and services
provided under CLEC's ICAs.
The loop element combined with a OppTM service will be
provided pursuant to CLEC's ICAs with Owest at the rates
set forth in those ICAs. To the extent that the monthly
recurring rate for the loop element in a particular state is
modified on or after the Effective Date. the OppTM port rate
January 24, 2005/pjd/Escehlon
AZ. Agreement No. CDS-050124-0004 OR Agreement No. CDS-050124-0007
CO Agreement No. CDS-050124-0005 UT Agreement No. CDS-050124-000B
MN Agreement No. CDS-050124-0006 WA Agreement No. CDS-050124-0009
SeIVice Exhibit 1- QWEST PLATFORM PLUSTM SERVICE
for that state in the Rate Sheet will be adjusted (either up or
down) so that the total rate applicable to the OppTM service
and loop combination in that state (after giving effect to the
OppTM Port Rate Increases as adjusted for any applicable
discount pursuant to Section 3.3 of this Service Exhibit)
remains constant. The corresponding adjustment will be
applied against the Port Rate Increases for the applicable
state negotiated as a part of this Agreement and contained
in the Rate Sheet. In no event shall any downward
adjustment for a particular state under this section result in
OppTM Port Rate Increase of less than $1.00, nor shall any
upward adjustment for a particular state result in a OppTM
Port Rate Increase of more than twice the scheduled
increase. If the monthly recurring rate for the loop is
modified by a shift in zone designation the parties shall use
the difference in the statewide average loop rate as the basis
for such adjustment, if any. Nothing in this Agreement shall
affect the rates or any other terms and conditions for loops
set forth in CLEC's ICAs with Owest. For purposes of this
Agreement, the Port Rate Increases refer to the increases in
the Port rate reflecting market pricing on the attached Rate
Sheets.
Illustration 1: If the initial loop rate is $15, the initial Port rate
is $3, and the scheduled Port Rate Increase is $2 for
residential and $3 for business, an increase in the loop rate
of $1.50 to $16.50 will result in a corresponding reduction of
the Port Rate Increase for residential to $1.00 (calculated:
$2.00 - $1.50, but in no event less than $1.00) and a
reduction of the Port Rate Increase for business of $1.
(calculated: $3.00 - $1.50).
Illustration 2: If the initial loop rate is $15, the initial Port rate
is $3, and the scheduled Port Rate Increase is $2 for
residential and $3 for business, a decrease in the loop rate
of $2.50 to $12.50 will result in a corresponding upward
adjustment of the Port Rate Increase for residential to $4.
(calculated: $2.00 plus $2.50, but in no event greater than 2
X $2.00) and an upward adjustment of the Port Rate
Increase for business to $5.50 (calculated: $3.00 plus
$2.50).
Provided that Owest has implemented the Batch Hot Cut
Process in a particular state pursuant to the terms and
conditions of the Amendment to CLEC's ICAs entered into
contemporaneously with this Agreement, ,the monthly
recurring rates for the switch port in the attached Rate
Sheets shall increase incrementally by the amount of the
applicable QPPTM Port Rate Increase (as the same may be
subsequently adjusted under Section 3.2) on January 1,
2005, January 1, 2006 and January 1, 2007. If the Batch
Hot Cut Process has not been implemented in a particular
state such that Owest is not able to process Batch Hot Cuts
in that state by December 31,2004, the OppTM Port Rate
Increases for that state will not go into effect until such time
as Owest is able to process Batch Hot Cut orders in that
state, and in the event of any such delay in the effective date
of the OppTM Port Rate increases, there shall be no
subsequent true up of the OppTM Port Rate Increases. If the
number of CLEC's OppTM lines as of October 31 , 2005
equals or exceeds 90% of the sum of CLEC's OppTM and
UNE-P lines as of October, 31, 2004, CLEC will be entitled
to a discount off of the monthly recurring switch port rate
applicable during calendar year 2006 equal to 10% of the
QPPTM Port Rate Increases that take effect January 1 , 2006.
If the number of CLEC's OppTM lines as of October 31,2006
equals or exceeds 90% of the sum of CLEC's OppTM and
UNE-P lines as of October, 31, 2005, CLEC will be entitled
Page 4 of 6
SERVICE EXHIBIT 1 - QWEST PLATFORM PLUSTM SERVICE
to a discount off of the monthly recurring switch port rate
applicable during calendar year 2007 equal to 10% of the
QPPTM Port Rate Increases that take effect January 1, 2007.
For purposes of this section, the number of QPPTM lines and
the sum of QPPTM service and UNE-P lines shall be
calculated on a regionwide basis that includes all states in
which this Agreement is in effect.
CLEC shall be responsible for Billing its End User
Customers served via QPPTM for all Miscellaneous Charges
and surcharges required of CLEC by statute, regulation or
otherwise required.
CLEC shall pay Qwest the PIC change charge associated
with CLEC End User Customer changes of InterLA T A
IntraLATA Carriers. Any change in CLEC's End User
Customers' InterLATA or Intra LATA Carrier must be
requested by CLEC on behalf of its End User Customer.
If an End User Customer is served by CLEC through a
QPPTM service, Qwest will not charge, assess, or collect
Switched Access charges for InterLATA or IntraLATA calls
originating or terminating from that End User Customer
phone.
Qwest shall have a reasonable amount of time to implement
system or other changes necessary to bill CLEC for rates or
charges associated with QPPTM services. Such system or
other changes must be completed and operational no later
than December 31, 2004.
QPPTM services have a one month minimum service period
requirement for each CLEC End User Customer. The one
month minimum service period is the period of time that
CLEC is required to pay 100% of the monthly recurring price
for the service even if CLEC does not retain service for the
entire month. QPPTM services are billed month to month and
shall after the one month minimum service period is satisfied
be pro-rated for partial months based on the number of days
service was provided.
To receive QPPTM Residential rates, CLEC must identify
residential end users by working telephone number (WTN)
via LSR as described in the QPPTM PCAT. Qwest will not
assess a nonrecurring charge for the processing of this
records order to identify the installed base of UNE-
residential end users. Following submission by CLEC of
such LSRs, CLEC and Qwest shall cooperate to ensure that
appropriate updates are reflected in Qwest's billing systems.
QPPTM Business rates will apply to all WTNs not specifically
identified as OppTM Residential. Changes to the LSR
process intended to implement the residential identifier for
new orders going forward shall be implemented through the
Change Management Process.
To receive QPPTM Residential rates with an
Effective Billing Date (EBD) of January 1, 2005, CLEC must
identify their existing UNE-residential end users by
working telephone number (WTN) via LSR as described in
the QPPTM PCAT by April 1 , 2005. On April 1, 2005, Qwest
will apply QPPTM Business rates, with an EBD of January 1
2005, to all WTNs that were in service during this period.
For those WTNs identified as residential end users on or
before April 1, 2005, Qwest will process a one-time credit
per WTN, per month for the period of time that the WTN was
in service between January 1, 2005 and April 1 , 2005. This
one-time credit will be processed on one Billing Account
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-050124-0004 OR Agreement No. CDS-050124-0007
CO Agreement No. CDS-050124-0005 UT Agreement No. CDS-050124-0008
MN Agreement No. CDS-050124-0006 WA Agreement No. CDS-050124-0009
Service Exhibit 1- QWEST PLATFORM PLUSTM SERVICE
Number (BAN) per state. CLEC waives any right to past
credits or discounts related to residential end users that were
not so identified by April 1, 2005. After April 1 . 2005, only
WTNs identified as residential end users will be billed
Residential rates (via the Residential End User Credit
provided in the Rate Sheet).
To receive QPPTM rates on WTNs previously
provided pursuant to terms, conditions, and prices of UNE-
Eschelon will submit to Qwest LSRs to change the WTNs to
the appropriate QPPTM Class of Service and Line USOC. by
April 1 , 2005. Qwest will not assess a nonrecurring charge
for the processing of LSRs that are limited to changing a
UNE-E Class of Service and Line USOC to the equivalent
QPP Class of Service and Line USOC. For LSRs involving
additional activity that is not related to identifying the service
as QPP, the Subsequent Order Charge provided in the QPP
Rate Sheet will be applicable per order. Any UNE-E WTNs
not changed by Eschelon to QPPTM by April 1, 2005 will be
converted by Qwest to the equivalent. month to month
Resale service and manual Resale Customer Transfer
Charges (CTCs) will be applied.
The subsequent order charge is applicable on a per order
basis when changes are requested to existing service.
including changing a telephone number initiating or
removing Suspension or Service, denying or restoring
service. adding, removing or changing features. and other
similar requests.
Systems and Interfaces
Qwest and CLEC shall continue to support use of existing
UNE-P OSS interfaces and current OSS business rules for
QPPTM (including without limitation electronic ordering and
flowthrough applicable to UNE-P on June 14, 2004) as the
same may evolve over time
QPPTM products and services are ordered via an LSR as
described in the PCAT. Products and Services Ordering are
found on the Qwest wholesale website.
Prior to placing an order on behalf of each End User
Customer, CLEC shall be responsible for obtaining and have
in its possession a Proof of Authorization as set forth in this
Agreement.
When Qwest or another provider of choice, at the End User
Customer s request, orders the discontinuance of the End
User Customer s existing service with CLEC, Qwest will
render its closing bill to CLEC effective with the
disconnection. Qwest will notify CLEC by FAX, ass
interface, or other agreed upon processes when an End
User Customer moves to Qwest or another service provider.
Qwest shall not provide CLEC or Qwest retail personnel with
the name of the other service provider selected by the End
User Customer.
CLEC shall provide Qwest and Qwest shall provide CLEC
with points of contact for order entry, problem resolution
repair, and in the event special attention is required on
service request.
Billing
Qwest shall provide GLEC, on a monthly basis, within seven
Page 5 of 6
SERVICE EXHIBIT 1 - QWEST PLATFORM PLUSTM SERVICE
to ten (7 - 10) calendar days of the last day of the most
recent Billing period. in an agreed upon standard electronic
format, Billing information including (1) a summary bill , and
(2) individual End User Customer sub-account information.
To the extent CLEC needs additional or different billing
information in order to properly bill its End Users or other
Carriers (including without limitation Qwest), Qwest shall
work with CLEC in good faith to deliver such information.
Maintenance and Repair
Qwest will maintain facilities and equipment that comprise
the QPPTM service provided to CLEC. CLEC or its End User
Customers may not rearrange, move, disconnect or attemptto repair Qwest facilities or equipment, other than by
connection or disconnection to any interface between Qwest
and the End User Customer, without the written consent of
Qwest.
Qwest shall provide general repair and maintenance
services on its facilities, including those facilities supporting
QPPTM services purchased by CLEC. Without limiting the
generality of the foregoing, Qwest shall repair and restore
any equipment or any other maintainable component that
may adversely impact CLEC's use of QPPTM service. Qwest
and CLEC shall cooperate with each other to implement
procedures and processes for handling service-affecting
events. There shall be no charge for the services provided
under this section except as set forth in the Rate Sheet.
Performance Measures and Reporting, Performance
Targets and Service Credits
Each party shall provide suitably qualified personnel to
perform its obligations under this Agreement and all QPPTM
services hereunder in a timely and efficient manner with
diligence and care, consistent with the professional
standards of practice in the industry, and in conformance
with all applicable laws and regulations. The QPPTM service
attributes and process enhancements are not subject to the
Change Management Process ("CMP"). CLEC proposed
changes to QPPTM service attributes and process
enhancements will be communicated through the standard
account interfaces. Change requests common to shared
systems and processes subject to CMP will continue to be
addressed via the CMP procedures.
Qwest will provide commercial performance measurements
and reporting against established performance targets with
QPPTM service. The following performance measurements
will apply to QPPTM Residential and QPPTM Business: (a)
Firm Order Confirmations (FOCs) On Time, (b) Installation
Commitments Met, (c) Order Installation Interval, (d) Out of
Service Cleared within 24 Hours, (e) Mean Time to Restore,
and (f) Trouble Rate. Commercial measurement definitions,
methodologies, performance targets and reporting
requirements are attached as Attachment A. Qwest will
provide CLEC with the raw data necessary to allow CLEC to
disaggregate results at the state level.
CLEC will be entitled to service credits only for each
instance of a missed installation commitment and each
instance of an out of service condition that is not cleared
within 24 hours as described below. All such service credits
shall be applied automatically by Qwest as credit against
CLEC's bill for the billing period following the one in which
the credits were accrued.
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-050124-0004 OR Agreement No. CDS-050124-0007
CO Agreement No. CDS-050124-0005 UT Agreement No. CDS-050124-0008
MN Agreement No. CDS-O50124-0006 WA Agreement No. CDS-050124-0009
Service Exhibit 1- QWEST PLATFORM PLUSTM SERVICE
Installation Commitments Met. For each
installation 'commitment that Qwest, through its own fault
fails to meet, Qwest will provide a service credit equal to
100% of the nonrecurring charge for that installation. The
definition of a "missed installation commitment" and the
associated exclusions are described in Attachment A.
Out of Service Cleared within 24 Hours. For each
out-of-service condition that Qwest, through its own fault
fails to resolve within 24 hours, Qwest will provide a service
credit equal to one day s recurring charge (monthly recurring
charge divided by 30) for each day out of service beyond the
first 24 hours. (For example, if the out-of-service condition
exists for 25 to 47 hours, CLEC would be entitled to a credit
equal to the monthly recurring charge divided by 30. If the
out-of-service condition existed for 48 to 71 hours, the credit
would equal two times the monthly recurring charge divided
by 30).. The definition of an "out of service condition" and
the associated exclusions are described in Attachment A.
Page 6 of 6
Attachment A to Service Exhibit
Performance Targets for Qwest QPP Service
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-050124-0004
CO Agreement No. CDS-050124-0005
MN Agreement No. CDS-050124-0006
OR Agreement No. CDS-050124-0007
UT Agreement No. CDS-050 124-0008
WA Agreement No. CDS-050124-0009
QWEST PLATFORM PLUSTM SERVICE Attachment A to Service Exhibit
Page 1 of 13
FOC-1 - Firm Order Confirmations (FOCs) On Time
Purpose:
Monitors the timeliness with which Qwest returns Firm Order Confirmations (FOCs) to CLECs in
response to LSRs received from CLECs , focusing on the degree to which FOCs are provided within
specified intervals.
Description:
Measures the percentage of Firm Order Confirmations (FOCs) that are provided to CLECs within the
intervals specified under "Performance Targets" below for FOC notifications.
Includes all LSRs that are submitted through IMA-GUI and IMA-EDI interfaces that receive an FOC
during the reporting period, subject to exclusions specified below. (Acknowledgments sent
separately from an FOC (e., EDI 997 transactions are not included.
For FOC-, the interval measured is the period between the LSR received date/time (based on
scheduled up time) and Qwest's response with a FOC notification (notification date and time).
For FOC-1 B, the interval measured is the period between the application date and time, as defined
herein, and Qwest's response with a FOC notification (notification date and time).
. "
Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EDI, (2) that involve no
manual intervention , and (3) for which FOCs are provided mechanically to the CLEC.
. "
Electronic/manual" LSRs are received electronically via IMA-GUI or IMA-EDI and involve manual
processing.
. LSRs will be evaluated according to the FOC interval categories shown in the "Performance
Targets" section below, based on the number of lines requested on the LSR or, where multiple
LSRs from the same CLEC are related, based on the combined number of lines requested on
the related LSRs.
Reporting Period: One month Unit of Measure: Percent
Reporting:
Individual CLEC
Disaggregation Reporting: Regional level.
. FOC-1A: FOCs provided for full electronic LSRs received via IMA-
GUI or IMA-EDI
. FOC-1 B: FOCs provided for electronic/manual LSRs received via
IMA-GUI or IMA-EDI
Formula:
FOC-1A = UCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR
received date/time (based on scheduled up time))" is within 20 minutes) +- (Total Number of
original FOC Notifications transmitted for the service category in the reporting periodH x 100
FOC-1 B = UCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (Application
Date & Time)" is within the intervals specified for the service category involved) +- (Total
Number of original FOC Notifications transmitted for the service category in the reporting
period n x 1
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-O50124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-O50124-0006
OR Agreement No. CDS-O50124-0007
UT Agreement No. CDS-O50124-000B
WA Agreement No. CDS-O50124-0009 Page 2 of 13
QWEST PLATFORM PLUSTM SERVICE Attachment A to Service Exhibit
Exclusions:
LSRs involving individual case basis (1GB) handling based on quantities of lines, as specified in the
Performance Targets" section below, or service/request types, deemed to be projects.
Hours on Weekends and holidays. (Except for FOG-, which only excludes hours outside the
scheduled system up time.
LSRs with GLEG-requested FOG arrangements different from standard FOG arrangements.
Records with invalid product codes.
Records missing data essential to the calculation of the measurement per the measure definition.
Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to
disallow duplicate LSR #'
Invalid start/stop dates/times.
Product Reporting:
QPP-POTS
Availability:
Performance can be measured
beginning in August 2004 (to be
reflected on September 2004
reporting) or the first full month
of QPP service (for the following
month's reporting), whichever is
later.
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-O50124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-O50124-0006
Performance Tar et:
FOG-95% within 20 minutes
95% within standard FOG
intervals (specified below)
Standard FOC Intervals
FOG-1 B
Product Group
NOTE 1
QPP-POTS (1-39 lines)
FOC
Interval
24 hrs
Notes:
1. LSRs with quantities above the highest number specified for each
product type are considered 1GB.
OR Agreement No. CDS-O50124-0007
UT Agreement No. CDS-O50124-0008
WA Agreement No. CDS-O50124-0009
QWEST PLATFORM PLUSTM SERVICE Attachment A to Service Exhibit
Page 3 of 13
ICM-1 - Installation Commitments Met
Purpose:
Evaluates the extent to which Qwest installs services for Customers by the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
All inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and
which are completed/closed during the reporting period are measured, subject to exclusions
specified below. Change order types included in this measurement consist of all C orders
representing inward activity (with "I" and "T' action coded line USOCs). Also included are orders with
customer-requested due dates longer than the standard interval.
Completion date on or before the Applicable Due Date recorded by Qwest is counted as a met
due date. The Applicable Due Date is the original due date or, if changed or delayed by the
customer, the most recently revised due date, subject to the following: If Qwest changes a due
date for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that
is (a) subsequent to the original due date and (b) prior to a Qwest-initiated , changed due date, if
any.
Reporting Period: One month Unit of Measure: Percent
Reporting:
Individual CLEC
Disaggregation Reporting: Regional level.
Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
ICM-1A Dispatches (Includes within MSA and outside MSA); and
ICM-1 B No dispatches.
Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
ICM-1 C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Total Orders completed in the reporting period on or before the Applicable Due Date) + (Total Orders
Completed in the Reporting Period)) x 1 00
Exclusions:
. Disconnect, From (another. form of disconnect) and Record order types.
. Due dates missed for standard categories of customer and non-Qwest reasons. Standard
categories of customer reasons are: previous service at the location did not have a customer-
requested disconnect order issued , no access to customer premises, and customer hold for
payment. Standard categories of non-Qwest reasons are: Weather, Disaster, and Work Stoppage.
Records involving official company services.
Records with invalid due dates or application dates.
Records with invalid completion dates.
Records with invalid product codes.
Records missing data essential to the calculation of the measurement per the measure definition.
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-O50124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-O50124-0006
OR Agreement No. CDS-O50124-0007
UT Agreement No. CDS-O50124-0008
WA Agreement No. CDS-O50124-0009 Page 4 of 13
QWEST PLATFORM PLUS TM SERVICE Attachment A to Service Exhibit
Product Reporting Performance Target:
MSA-Type:
OPP-POTS OPP-POTS (Dispatch and No Dispatch)95%
Zone-Type:
Availability:Notes:
Performance can
be measured
beginning in
August 2004 (to be
reflected on
September 2004
reporting) or the
first full month of
OPP service (for
the following
month's reporting),
whichever is later.
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-O50124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-O50124-0006
OR Agreement No. CDS-O50124-0007
UT Agreement No. CDS-O50124-0008
WA Agreement No. CDS-O50124-0009 Page 5 of 13
QWEST PLATFORM PLUSTM SERVICE Attachment A to Service Exhibit
011-1 - Order Installation Interval
Purpose:
Evaluates the timeliness of Qwest's installation of services for CLECs , focusing on the average time to
install service.
Description:
Measures the average interval (in business days) between the application date and the completion
date for service orders accepted and implemented.
Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Qwest and which are completed/closed during the reporting period, subject to exclusions specified
below. Change order types for additional lines consist of all C orders representing inward activity.
Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
. The Applicable Due Date is the original due date or, if changed or delayed by the CLEC, the most
recently revised due date, subject to the following: If Qwest changes a due date for Qwest
reasons, the Applicable Due Date is the GLEe-initiated due date, if any, that is (a) subsequent to
the original due date and (b) prior to a Qwest-initiated, changed due date, if any. NOTE 1
. Time intervals associated with GLEe-initiated due date changes or delays occurring after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest
Qwest-initiated due date, if any, following the Applicable Due Date, from the subsequent CLEC-
initiated due date, if any. NOTE 1
Reporting Period: One month Unit of Measure: Average Business Days
Reporting:
Individual CLEC
Disaggregation Reporting: Regional level.
Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
01l-1A Dispatches (Includes within MSA and outside MSA); and
011-1 B No dispatches.
Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
011-1 C Interval Zone 1 and Interval Zone 2 areas.
Formula:
L((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date
and the Applicable Date) - (Time intervals associated with GLEe-initiated due date changes or delays
occurring after the Applicable Due Date)) + Total Number of Orders Completed in the reporting period
lanation: The average installation interval is derived by dividing the sum of installation intervals for
all orders (in business days) by total number of service orders completed in the reporting period.
Exclusions:
Orders with CLEC requested due dates greater than the current standard interval.
. Disconnect, From (another form of disconnect) and Record order types.
Records involving official company services.
Records with invalid due dates or application dates.
Records with invalid completion dates.
Records with invalid product codes.
Records missing data essential to the calculation of the measurement per the measure definition.
Orders involving individual case basis (ICB) handling based on quantities of lines or orders
deemed to be projects.
January 24, 2005/pjd/Escehlon
AZ. Agreement No. CDS-O50124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-O50124-0006
OR Agreement No. CDS-O50124-0007
UT Agreement No. CDS-O50124-0008
WA Agreement No. CDS-O50124-0009 Page 6 of 13
QWEST PLATFORM PLUS TM SERVICE Attachment A to Service Exhibit
Product Reporting:
MSA-
QPP-POTS
Zone-e -
Re orted As:
Average business da s
Performance Target:
QPP-POTS (Dispatched)
QPP-POTS (No Dispatch)
Availability:
Performance can be
measured beginning in
August 2004 (to be
reflected on September
2004 reporting) or the first
full month of QPP service
(for the following month'
reporting), whichever is
later.
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-O50124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-O50124-0006
6 Days
5 Days
Notes:1. According to this definition, the Applicable Due Date can
change, per successive GLEG-initiated due date changes or
delays, up to the point when a Qwest-initiated due date change
occurs. At that point, the Applicable Due Date becomes fixed
(Le., with no further changes) as the date on which it was set
prior to the first Qwest-initiated due date change, if any.
Following the first Qwest-initiated due date change, any further
GLEG-initiated due date changes or delays are measured as
time intervals that are subtracted as indicated in the formula.
These delay time intervals are calculated as stated in the
description. (Though infrequent, in cases where multiple
Qwest-initiated due date changes occur, the stated method for
calculating delay intervals is applied to each pair of Qwest-
initiated due date change and subsequent GLEG-initiated due
date change or delay. The intervals thus calculated from each
pairing of Qwest and GLEC-initiated due dates are summed
and then subtracted as indicated in the formula.) The result
this approach is that Qwest-initiated impacts on intervals are
counted in the reported interval, and GLEG-initiated impacts on
intervals are not counted in the reported interval.
OR Agreement No. CDS-O50124-0007
UT Agreement No. CDS-O50124-0008
WA Agreement No. CDS-O50124-0009 Page 7 of 13
QWEST PLATFORM PLUSTM SERVICE Attachment A to Service Exhibit
00524-1 - Out of Service Cleared within 24 Hours
Purpose:
Evaluates timeliness of repair for specified services, focusing on trouble reports where the out-of-
service trouble reports were cleared within the standard estimate for specified services (Le., 24 hours
for out-of-service conditions).
Description:
Measures the percentage of out of service trouble reports, involving specified services, that are
cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers.
Includes all trouble reports, closed during the reporting period , which involve a specified
service that is out-of-service (Le., unable to place or receive calls), subject to exclusions
specified below.
. Time measured is from date and time of receipt of trouble ticket to the date and time trouble is
indicated as cleared.
Reporting Period: One month Unit of Measure: Percent
Reporting:
Individual CLEC
Disaggregation Reporting: Regional1evel.
Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
00S24-1A Dispatches (Includes within MSAand outside MSA); and
00S24-1 B No dispatches.
Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
00S24-1 C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24
hours) I (Total Number of Out of Service Trouble Reports closed in the reporting period)) x 100
Exclusions:
Trouble reports coded as follows:
For products measured from MTAS data (products listed for MSA-type disaggregation),
trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit
Found OK, and Miscellaneous - Non-Dispatch, non-Owest (includes CPE, Customer
Instruction, Carrier, Alternate Provider).
For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test
0 K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE).
Subsequent trouble reports of any trouble before the original trouble report is closed.
Information tickets generated for internal Owest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type Disaggregation
For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
Records involving official company services.
Records with invalid trouble receipt dates.
Records with invalid cleared or closed dates.
Records with invalid product codes.
Records missing data essential to the calculation of the measurement per the measure definition.
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-O50124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-O50124-0006
OR Agreement No. CDS-O50124-0007
UT Agreement No. CDS-O50124-0008
WA Agreement No. CDS-O50124-0009 Page 8 of 13
QWEST PLATFORM PLUS TM SERVICE Attachment A to Service Exhibit
Product Reporting:Performance Targets:
MSA- Type -
QPP POTS Dispatch and Non-Dispatch 90%
Zone-Type -
Availability:Notes:
Performance can
be measured
beginning in
August 2004 (to be
reflected on
September 2004
reporting) or the
first full month of
QPP service (for
the following
month's reporting),
whichever is later.
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-O50124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-O50124-0006
OR Agreement No. CDS-O50124-0007
UT Agreement No. CDS-O50124-0008
WA Agreement No. CDS-O50124-0009 Page 9 of 13
QWEST PLATFORM PLUS TM SERVICE Attachment A to Service Exhibit
MTTR-1 - Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusing how long it takes to restore services to proper operation.
Descri ptio n:
Measures the average time taken to clear trouble reports.
Includes all trouble reports closed during the reporting period , subject to exclusions specified below.
Includes customer direct reports, customer-relayed reports, and test assist reports that result in a
trouble report.
. Time measured is from date and time of receipt to date and time trouble is cleared.
Reporting Period: One month Unit of Measure: Hours and Minutes
Reporting:
Individual CLEC
Disaggregation Reporting: Regional level.
Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
MTTR-1A Dispatches (Includes within MSA and outside MSA); and
MTTR-1 B No dispatches.
Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
MTTR-1 C Interval Zone 1 and Interval Zone 2 areas.
Formula:
L((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) + (Total number of
Trouble Reports closed in the reporting period)
Exclusions:
Trouble reports coded as follows:
For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the
Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch , non-Owest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test" 0
K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE).
Subsequent trouble reports of any trouble before the original trouble report is closed.
Information tickets generated for internal Owest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in Product
Reporting under "Zone-type Disaggregation
For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
Records involving official company services.
Records with invalid trouble receipt dates.
Records with invalid cleared or closed dates.
Records with invalid product codes.
Records missing data essential to the calculation of the measurement per the measure definition.
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-O50124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-O50124-0006
OR Agreement No. CDS-O50124-0007
UT Agreement No. CDS-O50124-0008
WA Agreement No. CDS-O50124-0009 Page 10 of 13
QWEST PLATFORM PLUS TM SERVICE Attachment A to Service Exhibit
Product Reporting:Performance Target:
MSA-e -QPP-POTS (No Dispatch)5 Hours
QPP-POTS QPP-POTS (Dispatched)14 Hours
Zone-Tvee -
Availability:Notes:
Performance can be measured beginning in
August 2004 (to be reflected on September 2004
reporting) or the first full month of QPP service
(for the following month's reporting), whichever is
later.
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-O50124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-O50124-0006
OR Agreement No. CDS-O50124-0007
UT Agreement No. CDS-O50124-0008
WA Agreement No. CDS-O50124-0009 Page 11 of 13
QWEST PLATFORM PLUSTM SERVICE Attachment A to Service Exhibit
TR-1 - Trouble Rate
Purpose:
Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or
element.
Description:
Measures trouble reports by product and compares them to the number of lines in service.
Includes all trouble reports closed during the reporting period, subject to exclusions specified
below.
Includes all applicable trouble reports, including those that are out of service and those that are
only service-affecting.
Reporting Period: One month Unit of Measure: Percent
Reporting Individual CLEC Disaggregation Reporting: Regional level.
Formula:
((Total number of trouble reports closed in the reporting period involving the specified service
grouping) + (Total number of the specified services that are in service in the reporting period)) x 100
Exclusions:
Trouble reports coded as follows:
For products measured from MT AS data (products listed for MSA-type, trouble reports coded
to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network
Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier
Alternate Provider).
For products measured from WFA (Workforce Administration) data (products listed for Zone-
type) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0 K (TOK),
Carrier Action (IEC) and Customer Provided Equipment (CPE).
Subsequent trouble reports of any trouble before the original trouble report is closed.
Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type
For products measured from MTAS data (products listed for MSA-type, trouble reports involving a
no access" delay.
Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
Records involving official company services.
Records with invalid trouble receipt dates.
Records with invalid cleared or closed dates.
Records with invalid product codes.
Records missing data essential to the calculation of the measurement per the measure definition.
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-O50124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-O50124-0006
OR Agreement No. CDS-O50124-0007
UT Agreement No. CDS-O50124-0008
WA Agreement No. CDS-O50124-0009 Page 12 of 1 3
QWEST PLATFORM PLUSTM SERVICE Attachment A to Service Exhibit
Product Reporting:Performance Target:
MSA Type:
QPP-POTS Diagnostic
Zone Type:
Availability:Notes:
Performance can be measured beginning in
August 2004 (to be reflected on September 2004
reporting) or the first full month of QPP service
(for the following month's reporting), whichever is
later.
January 24, 2005/pjd/Escehlon
AZ Agreement No. CDS-O50124-0004
CO Agreement No. CDS-O50124-0005
MN Agreement No. CDS-O50124-0006
OR Agreement No. CDS-O50124-0007
UT Agreement No. CDS-O50124-0008
WA Agreement No. CDS-O50124-0009 Page 13 of 13
QWEST PLATFORM PLUS TM SERVICE Attachment A to Service Exhibit
Qwest Platform PlusTM (QPPTM) Rate Sheet - Arizona
109.Shared Transport Purchased As Part of QPP""
109.Mass Market
109.OPP"" Residential, Business, and PAL (Per MOU\$0.0008236
109.OPP"" Centrex, ISDN BRI, and PBX Analoa Trunks (Per line/trunk\UGUST $o.
109.Local Switchin!! Purchased As Part of QPP""
109.11.Mass Market Switching
109.11.Ports
109.11.1.Ports. Effective through December 31. 2004
109.11.1 AnaloQ Port $2.4~
109.11.2 AnaloQ Port, Residential end user credit $0.
109.11.3 DiQitaIPort(SupportinaBRIISDN\$10.
109.11.1.4 PBX DID Port $3.
109.11.Ports Effective January 1 2005 throuah December 31 2005
109.11.1 AnaloQ Port $5.
109.11.2 AnaloQ Port, Residential end user credit ($1.
109.11.3 DiQital Port (Supportina BRI ISDN\$13.
109.11.4 PBX DID Port $6.
109.11.Ports, Effective January 01, 2006 through December 31, 2006, if incentive
thresholds ARE met
109.11.1 AnaloQPort $6.
109.11.2 AnaloQ Port, Residential end user credit ($2.46
109.11.3 Diaital Port (Supportina BRIISDN\$14.
109.11.3.4 PBX DID Port $7.
109.11.1.1.4 Ports, Effective January 01 2006 through December 31 2006, if incentive
thresholds ARE NOT met
109.11.1 AnaloQ Port $7.
109.11.1.4.2 AnaloQ Port, Residential end user credit ($2.
109.11.3 DiQital Port (Supportina BRIISDN\$15.
109.11.1.4.4 PBX DID Port $8.
109.11.1.Ports, Effective January 01, 2007 through term, if incentive thresholds ARE
met
109.11.1 AnaloQPort $8.
109.11.2 AnaloQ Port, Residential end user credit ($4.
109.11.3 Diaital Port (Supportina BRI ISDN!$16.
109.11.5.4 PBX DID Port $9.
109.11.Ports, Effective January 01, 2007 through term, If incentive thresholds ARE
NOT met
109.11.1 AnaloQ Port $9.40
109.11.2 AnaloQ Port, Residential end user credit ($4.
109.11.3 Diaital Port (Suooortina BRIISDN\$17.
109.11.6.4 PBX DID Port $10.
109.11.Local Switch Usaae
109.11.OPP'"Residential, Business, and PAL (Per MOUI $0.00097
109.11.2.2 OPP""Centrex, ISDN BRI, and PBX Anatoa Trunks (Per LinelTrunk)UGUFM $0.81000
109.11.Switch Features
109.11.Account Codes - oer sYStem AZ8PS $78.
109.11.Attendant Access Line - oer station line DZR $1.
109.11.Audible Message Waiting MGN,$0.
MWW
109.11.Authorization Codes - per system AFYPS $235.
109.11.Automatic Line ETVPB $0.
109.11.Automatic Route Selection - Common EauiD. Der system F5GPG $2,062.41
109.11.Call DrOD NA-FID $0.3.1
109.11.Call Exclusion - Automatic NXB $0.
I(ISDN)
109.11.Call Exclusion - Manual NA-FID $0.
(lDSN)
109.11.Call Forwardina Dont Answer - Incoming Only 69A $37.
109.11.Call Forwardina: Busy Line / Dont Answer Proorammable Svc. Establishment SEPFA $15.
109.11.Call Forwarding: Busy Line/Dont Answer (Expanded)FVJ,$37.25
FVJHG
109.11.Call Forwarding: Dont Answer 69H, EVD,$37.
EVDHG
109.11.Call Forwarding: Dont Answer / Call Forward Busy Customer Programmable-FSW $0.
Per Line
109.11.Call Waitina Indication - per timina state WUT $0.
109.11.Centrex Commom Eauioment HYE, HYS 184.
109.11.CLASS - Call Trace Per Occurrence NO USOC $2.
109.11.CLASS - Continuous Redial NSS $1.2
109.11.CLASS - Last Call Retum NSa $1.2
109.11.CLASS - Priority Callina NSK $1.
109.11.CLASS - Selective Call Forwardina NCE $1.
109.11.3.22 CLASS. Selective Call Reiection NSY $1.
109.11.3.23 CMS. Packet Control Capability, per System PTGPS $477.21
109.11.CMS - System Establishment - Initial Installation MB5XX $954.41
109.11.CMS - System Establishment - Subseauentlnstallation CPVWO $477.
109.11.3.26 Conference Callina . Meet Me MJJPK $41.
Owest Master Services Agreement awest Platform Plus (apP) Rate Sheet
Qwest Platform PIUSTM (QPPTM) Rate Sheet - Arizona
109.11.Direct Station Select / Busv Lamp Field per arraniJement BUD $0.
109.11.3.29 Directed Call Pickup with Barae-6MD $19.
109.11.Directed Call PickuD without Barae-690 $19.
109.11.Distinctive Rina/Distinctive Call Waitino RNN $39.
109.11.ExDensive Route Wamina Tone- oer system with ARS AQWPS $70.
109.11.Facilitv Restriction Level - ner sV!':tem FRKPS $43.4
109.11.Groun Intercom GCN $0.4
109.11.Hot Line - per line HLA, HLN $0.
109.11.Huntina: Mulliposition Hunt Queuino MH5 $37.
109.11.Huntino: MultiDosilion with Announcement in Queue MHW $37.
109.11.Huntino: Mulliposilion with Music in Queue MOHPS $40.
109.11.ISDN Short Hunt NHGPG $1.
109.11.Loudsoeaker Paaina - per trunkarouO PTQPG $173.41
109.11.3.41 Make Busy Arrangements - per group A9AEX,$0.
P89
109.11.3.42 Make Busv Arranoements - oer line MB1 $0.
109.11.3.43 Messaoe Center - oer main station line MFR $0.
109.11.3.44 Messaoe Waitino Visual MV5 $0.
109.11.3.45 Music On Hold - per system MHHPS $22.
109.11.Privacv Release K7KPK $0.4
109.11.3.47 Querv Time QT1PK $0.
109.11.3.48 SMDR-P. Archived Data SR7CX $174.
109.11.3.49 SMDR-P - Service Establishment Charge, Initial Installation SEPSP,$333.2
SEPSR
109.11.Station Camp-On Service - oer main station CPK $0.
109.11.1.Time of Dav Control for ARS - Der system ATBPS $123.
109.11.Time of Dav NCOS UDdate with ARS A4T $0.
109.11.Time of Dav Routino - per line with ARS ATB $0.
109.11.Trunk Verification from Desianated Station BVS $0.
109.11.UCD in hunt group - per line MHM $0.
H6U, NZT
109.11.1.4 Other
109.11.1.4.Custom Number See Applicable Qwest Retail
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to terms and conditions
in CLEC's ICA).
109.11.1.4.PBX DID Complex Translations Diaits Outpulsed Chance Sionalino $14.
109.11.4.4 PBX DID Block Compromise $25.
109.11.1.4.PBX DID Group of 20 Numbers $33.
109.11.1.4.PBX DID Reserve SeDuential # Block $25.
109.11.PBX DID Reserve Non SeQuential TN $23.
109.11.1.4.PBX DID NonSeauential TN $35.
109.11.Subsequent Order Charge NHCUU $13.
109.11.Qwest Corporation (QC) Intra LATA Toll, LPIC 5123 See Applicable Qwest Retail
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to terms and conditions
in CLEC's ICA).
109.Miscellaneous Charoes
109.20.Non-Desion
109.20.Trouble Isolation Charge (TIC)L TESX See Maintenance
of Service, BasIc,
First Interval
109.20.Network Premises Work Charae
109.20.Basic
109.20.1 Firstlncrement HRH11 See Additional
109.20.1.2.2 Each Additional Increment HRHA1 Labor - Other
109.20.Overtime
109.20.First Increment HRH12 See Additional
109.20.2.2 Each Additional Increment HRHA2 LabDr - Other
109.20.1.2.Premium
109.20.1 Firstlncrement HRH13 See Additional
109.20.2 Each Additional Increment HRHA3 Labor - Other
109.20.Design
109.20.Maintenance Df Service
109.20.Basic
109.20.1 Firstlncrement MVWXX See Maintenance
109.20.2 Each Additional Increment MVW1X of Service
109.20.2 1.2 Overtime
109.20.1 Firstlncrement MVWOX See Maintenance
109.20.2.2 Each Additional Increment MVW2X of Service
109.20.2.Premium
109.20.Firstlncrement MVWPX See Maintenance
Qwest Master Services Agreement Qwest Platform Plus (QPP) Rate Sheet
Qwest Platform PlusTM (QPPTM) Rate Sheet - Arizona
109.20.2 Each Additional Increment MVW3X of Service
109.20.Oational Testina (Additional Labor\
109.20.2.2.Basic. First and Each Additional Increment OTNBX See Additional
109.20.2.2 Overtime, First and Each Additional Increment OTNOX Labor - Other
109.20.Premium, First and Each Additional Increment OTNPX
109.20.Disaatch (Additional Disaatch - No trouble found)VT6DC See Additional
109.20.2.4 Disaatch for Maintenance of Service - No Trouble Found VT6DM Dispatch
109.20.Network Premises Work Charae
109.20.Basic
109.20.First Increment HRH11 See Additional
109.20.Each Additional Increment HRHA1 Labor - Other
109.20.Overtime
109.20.Firstlncrement HRH12 See Additional
109.20.Each Additional Increment HRHA2 Labor - Other
109.20.Premium
109.20.Firstlncrement HRH13 See Additional
109.20.Each Additional Increment HRHA3 Labor - Other
109.20.Design and Non-Desian
109.20.Trip Charge - Premises Visit Charge NRTCY See Additional
Dispatch
109.20.Premises Work Charae
109.20.Basic
109.20.First Increment HRD11 See Additional
109.20.Each Additional Increment HRDA1 Labor - Other
109.20.Overtime
109.20.Firstlncrement HRD12 See Additional
109.20.Each Additional Increment HRDA2 Labor - Other
109.20.Premium
109.20.Firstlncrement HRD13 See Additional
109.20.Each Additional Increment HRDA3 Labor - Other
109.20.Date Chanae $10.
109.20.3.4 Desion Chance $72.
109.20.Exaedite Charae
109.20.Cancellation Charae
109.Qwest Platform Plus"'" (QPP""'
109.23.Conversion Nonrecurrina Charaes
109.23.QPP"" Business, Centrex. PAL, and PBX Analog non-DID Trunks, Residential
109.23.First Line (Mechanized\URCCU $0.
109.23.Each Additional Line (Mechanized)URCCY $0.
109.23.Disconnect $0.
109.23.1.4 First Line (Manual!URCCV $16.
109.23.Each Additional LinelManual)URCCZ $2.
109.23.QPP"" Analoa PBX DID Trunks
109.23.First Trunk URCCD $20.
109.23.Each Additional $3.
109.23.QPP"" ISDN BRI URCCU
109.23.First $0.
109.23.Each Additional $0.2
109.23.Disconnect $0.
109.23.Installation Nonrecurring Charaes
109.23.QPP"" Business Centrex PAL and PBX Analoa non-DID Trunks Residential
109.23.First Line (Mechanized)NHCRA $33.
109.23.Each Additional Line (Mechanized)NHCRC $9.
109.23.First Line (Manuai\NHCRB $50.
109.23.1.4 Each Additional Line (Manual)NHCRD $11.
109.23.QPP""Analoa DID PBX Trunks $177.
109.23.QPP""ISDN-BRI $241.
109.23.Qwest AIN Features See Applicable Qwest Retail
Tariff, Catalog or Price Listless
Discount (which will be provided
pursuant to terms and conditions
in CLEC's ICA).
109.23.Qwest DSL See Applicable Qwest Retail
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to terms and conditions
in CLEC's ICA).
Qwes! Master Services Agreement Qwest Platform Plus (QPP) Rate Sheet
Qwest Platform PIUSTM (QPPTM) Rate Sheet - Arizona
109.23.Qwest Voice Messaging Services See Applicable Owest Retail
Tariff, Catalog or Price List less
Discount
112 Operational Support S stems
112.Develoments and Enhancements, per Local Service Request
Ongoing Maintenance, per Local Service Request
Under
Development
Under
Development112.2
112.Daily Usage Records File, per Record No Charge at
this time
Notes
Monthly Recurring credit applies to QPP"" Residential Services as set forth in Service Exhibit 1 to this Agreement.
QPP"" service includes nondiscriminatory access to all vertical switch features that are loaded in Owest's End Office Switch. See the PCAT for all compatible and
available vertical switch features. Only vertical switch features with Non-Recurring, Recurring, or Per Occurrence charges are listed. Non-Recurring charges are
applicable whenever a feature is added - whether on new installation, conversion, or change order activity. Those vertical switch features not listed have a rate of $0 for
Monthly Recurring, Non-Recurring, or Per Occurrence charges.
USOCs have been provided in an effort to ease item description and USOC association with charges. In the event USOCs are inaccurate or are revised, Owest reserves
the right to correct the Rate Sheet.
The Subsequent Order Charge is applicable on a per order basis when changes are requested to existing service, including changing a telephone number, initiating or removing
Suspension or Service, denying or restoring service, adding, removing, or changing features, and other similar requests.
OPP"" ISDN BRI and PBX are "Design . Remaining OPP"" services are "Non-Design
All charges and increments shall be the same as the comparable charges and increments in each state SGAT.
Owest and MCI agree to negotiate a charge in good faith. The Parties agree that the charges are intended to allow Qwestto recover its relevant costs and will be an approved
charge. The charge MCI and Qwest have agreed upon will be binding to all CLECs.
Where the service has been deemed to be a Telecommunications Service, the Discount will be provided pursuant to CLEC's ICA. Where the service is not a Telecommunications
Service, the discount will be 18%.
Qwest Master Services Agreement Qwest Platform Plus (QPP) Rate Sheet
Qwest Platform PlusTM (QPpTM) Rate Sheet - Colorado
109.Shared Transport Purchased As Part of QPpTII
109.Mass Market
109.Opp'TM Residential Business. and PAL (Per MOU\$0:0011100
109.Opp'TM Centrex. ISDN BRI and PBX Analon Trunks (Per line/trunk)UGUST $0.
109.Local Switchinn Purchased As Part of QPpTII
109.11.Mass Market SwitchinG
109.11.Ports
109.11.1.1.Ports Effective throuah December 31. 2004
109.11.Analoa Port $1.15
109.11.Analoa Port. Residential end user credit $0.
109.11.Diailal Port (Supportino BRIISDN)$9.
109.11.1.4 PBX DID Port $54.
109.11.Ports Effective Januarv 1 2005 throuah December 31. 2005
109.11.Analoa Port $3.
109.11.Analoa Port Residential end user credit ($0.
109.11.Diailal Port lSupportina BRIISDN)$12.
109.11.2.4 PBX DID Port $56.
109.11.Ports, Effective January 01, 2006 through December 31 , 2006, if incentive
thresholds ARE met
109.11.Analoa Port $5.
109.11.Analoa Port Residential end user credit ($1.51 \
109.11.DioitalPort (Supoortino BRIISDN\$14.
109.11.3.4 PBX DID Port $58.
109.11.1.4 Ports, Effective January 01, 2006 through December 31 , 2006, if incentive
thresholds ARE NOT met
109.11.1.4.Analoa Part $5.
109.11.1.4.Analoa Port. Residential end user credit ($1.68)
109.11.1.4.3 Diaital Port lSupportino BRIISDN\$14.
109.11.1.4.4 PBX DID Port $59.
109.11.Ports, Effective January 01, 2007 through term, if incentive thresholds ARE
met
109.11.Analoa Port $7.41
109.11.Analoo Port Residential end user credit 1$3.02\
109.11.Diaital Port ISunportinn BRIISDN\$16.
109.11.PBX DID Port $60.
109.11.Ports, Effective January 01, 2007 through term, if incentive thresholds ARE
NOT met
109.11.Analoa Port $8.
109.11.Analoa Port Residential end user credit ($3.36\
109.11.Diaital Port ISupportina BRIISDN)$16.
109.11.6.4 PBX DID Port $61.15
109.11.Local Switch Usaae
109.11.QPP'TM Residential, Business and PAL (Per MOU)$0.00161
109.11.1.2.QPP'TM Centrex, ISDN BRI, and PBX Analoa Trunks IPer LinefTrunk)UGUFM $1.35000
109.11.Switch Features 2 3
109.11.6 Way Callina For Non-Centron Line Ports GVT $42.
109.11.Account Codes, Per SYStem AZ8PS $80.
109.11.ARS- Common Equipment, Per Grouo F5GPG $2,059.
109.11.3.4 ARS- Exoensive Route Wamina Tone- Per SYStem AQWPS $71.
109.11.ARS- Facilitv Restriction Level, Per SYStem FRKPS $66.
109.11.Attendant Access Line, Per Station DZR $1.
109.11.Audible Message Waiting MGN,
W'MJW $1.
109.11.Authorization Codes. Per System AFYPS $236.
109.11.Centrex Common Eauioment HYE. HYS $1.210.
109.11.CLASS - Call TlClce. Per Occurrence NO USOC $2.
109.11.CMS- Packet Control Capability, Per System PTGPS $482.
109.11.CMS- S\/Stem Establishment. Initial Installation MB5XX $965.
109.11.CMS- System Establishment, Subseauentlnstallation CPVWO $482.
109.11.Conference Callina- Meet Me, Per System MJJPK $42.
109.11.Conference Callino- Preset - Per SYstem M09PK $42.
109.11.EBS- Automatic Line, Per Station Line ETVPB $1.
109.11.EBS- Dir Sta Sel/Busv Lamo Fld, Per Arrangement BUD $1.
109.11.EBS- Messaae Center, Per Main Station Line, Per Line MFR $1.
109.11.EBS- Messaae Waitina Visual. Per Station Line MLN $1.
109.11.EBS- Privacy Release, Per Station Line K7KPK $1.
109.11.EBS Querv Time, Per Station Line QT1PK $1.
109.11.EBS- Station Camp On, Per Main Line. Per Line CPK $1.
109.11.Hot Line, Per Line Eauioped, Per Line HLN, HLA $1.
109.11.3.24 Loudspeaker Paaina Trunkside, Per Group PTQPG $175.
109.11.Messaae Waitina Visual, Per Line MV5 $1.
109.11.Multiole Position Hunt Announcement, Per Group MH5 $72.
109.11.Multiole Position Hunt Queuinp, Per Group MHW $37.
109.11.Multiole Position Hunt, Per Line MOHPS $0.
109.11.3.29 Music On Hold, Per System (DMS Only)MHHPS $67.
109.11.SMDR-P- Archived Data SR7CX $176.
Owest Master Services Agreement Qwest Platfonn Plus (QPP) Rate Sheet
Qwest Platform PlusTM (QPpTM) Rate Sheet - Colorado
109.11.SMDR-P. Service Establishment Charge, Initial Installation SEPSP,
SEPSR $337.
109.11.Time of Day Control for ARS. Per System ATBPS $124.
109.11.Time of Dav NCOS Updated Per Main Station A4T $0.
109.11.1.Time of Dav RoutinQ Per Line ATBPS $1.
109.11.Trunk Verification from Desinnated Station. Per Line EQuipped BVS $1.15
109.11.UCD- Call WaitinQ Indication. Per UniQue Timino State. Per TlminQ State WUT $1.
109.11.UCD- In Hunt Group, Per Line MHM,
H6U. NZT $0.
109.11.UCD- Make Busy Arrangements, Per Group A9AEX.
P89 $1.
109.11.1.UCD. Make Busy ArranQements, Per Line MB1 $1.
109.11.3.40 UCD- With Music after Delay A5M $0.
109.11.1.4 Other
109.11.1.4.1 Custom Number See Applicable Owest Retail
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to terms and conditions
in CLEC's ICA).
109.11.1.4.PBX DID Complex Translations DiQits Outpulsed Chance SiQnalinQ $10.
109.11.1.4.4 PBX DID Complex Translations SiQnalinQ Chance $24.
109.11.1.4.PBX DID BlockComcromise $18.
109.11.1.4.PBX DID Group of 20 Numbers $25.
109.11.1.4.PBX DID Reserve SeQuential # Block $18.
109.11.1.4.PBX DID Reserve Non SeQuential TN $17.48
109.11.1.4.PBX DID NonSeQuential TN $26.
109.11.SubseQuent Order Charge NHCUU $13.49
109.11.Qwest Corporation (QC) IntraLATA Toll, LPIC 5123 See Applicable Owest Retail
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to terms and conditions
in CLEC's ICA).
109.Miscellaneous Charges
109.20.Non-DesiQn
109.20.1 1 Trouble Isolation Charge (TIC)L TESX See Maintenance
of Service, Basic,
First Interval
109.20.Desian
109.20.Maintenance of Service
109.20.Basic
109.20.First Increment MIIW XX See Maintenance
109.20.Each Additional Increment MVW1X of Service
109.20.Overtime
109.20.First Increment MVWOX See Maintenance
109.20.Each Additional Increment MllW2X of Service
109.20.Premium
109.20.First Increment MllWPX See Maintenance
109.20.Each Additional Increment MllW3X of Service
109.20.Optional TestinQ (Additional Labor)
109.20.Basic, First and Each Additionallncrement OTNBX See Additional
109.20.2.2.Overtime First and Each Additional Increment OTNOX Labor - Other
109.20.Premium First and Each Additional Increment OTNPX
109.20.Dispatch (Additional Dispatch. No trouble found\VT6DC See Additional
109.20.2.4 Dispatch for Maintenance of Service. No Trouble Found VT6DM Dispatch
109.20.DesiQn and Non-Desion
109.20.Trip Charge. Premises Visit Charge NRTCY See Additional
Disoatch
109.20.3.2 Premises Work CharQe
109.20.Basic
109.20.First Increment HRD11 See Additional
109.20.Each Additional Increment HRDA1 Labor. Other
109.20.Overtime
109.20.First Increment HRD12 See Additional
109.20.2.2.2 Each Additional Increment HRDA2 Labor .. Other
109.20.Premium
109.20.First Increment HRD13 See Additional
109.20.Each Additional Increment HRDA3 Labor - Other
109.20.Netwnrk Pr"'mis"" Wnrk I".haroe
109.20.Basir.
109.20.33.Fir!;t Inr-r"'m"'nt HRH11 See Additional
109.20.Each Additional Increment HRHA1 Labor. Other
Owest Master Services Agreement Owest Platform Plus (OPP) ~ate Sheet
Qwest Platform PlusTM (QPPTM ) Rate Sheet - Colorado
109.20.Overtime
109.20.Firsllncrement HRH12 See Additional
109.20.Each Additional Increment HRHA2 Labor - Other
109.20.Premium
109.20.First Increment HRH13 See Additional
109.20.Each Additional Increment HRHA3 Labor - Other
109.20.Date ChanQe
$10.
109.20.Desinn ChanQe $73.
109.20.Exoedite Charae
109.20.Cancellation CharQe
109.Qwest Platform Plus"" (QPP""\
109.23.Conversion Nonrecurrina Charaes
109.23.QPP"" Business Centrex PAL. and PBX Analoa non-DID Trunks Residential
109.23.First Line (Mechanized\URCCU $0.
109.23.Each Additional Line (Mechanized\URCCY $0.
109.23.First Line (Manual\URCCV $12.
109.23.1.4 Each Additional Line (Manual)URCCZ $2.
109.23.QPP"" PBX DID Trunks
109.23.First Trunk URCCD $15.49
109.23.Each Additional $2.
109.23.QPP"" ISDN BRI URCCU
109.23.FIrst $11.
109.23.Each Additional $2.
109.23.Installation Nonrecurrino Charges
109.23.QPP"" Business Centrex. PAL and PBX AnaloQ non-DID Trunks Residential
109.23.2.First Line (Mechanized\NHCRA $41.
109.23.Each Additional Line (Mechanized)NHCRC $11.
109.23.First Line (Manual\NHCRB $61.
109.23.Each Additional Line (Manual\NHCRD $13.
109.23.QPP"" AnaloQ DID PBX Trunks
$132.41
109.23.QPP"" ISDN-BRI $180.49
109.23.Qwest AIN Features See Applicable Owest Retail
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to tenns and conditions
in CLEC's ICA).
109.23.Qwest DSL See Applicable Owest Retail
Tariff. Catalog or Price List less
Discount (which will be provided
pursuant to tenns and conditions
in CLEC's ICA).
109.23.Qwest Voice Messaging Services See Applicable Qwest Retail
Tariff, Catalog or Price Listless
Discount
112 Ooerational SuDPort Systems
112.Develoments and Enhancements, per Local Service Request Under
DeveloDment
112.Ongoing Maintenance, per Local Service Request Under
Development
112.Dailv UsaGe Records File, per Record $0.000886
Notes
Monthlv RecurrinQ credit applies to OPP"" Residential Services as set forth in Service Exhibit 1to this AQreement.
OPP"" service includes nondiscriminatory access to all vertical switch features that are loaded in Qwest's End Office Switch. See the PCA T for all compatible and available
vertical switch features Only vertical switch features with Non-Recurring, Recurring, or Per Occurrence charges are listed. Non-Recurring charges are applicable whenever a
feature is added - whether on new installation, conversion, or change order activity. Those vertical switch features not listed have a rate of $0 for Monthly Recurring, Non-
Recurring. or Per Occurrence charges.
USOCs have been provided in an effort to ease item description and USOC association with charges. In the event USOCs are inaccurate or are revised, Owest reserves
the riQhtto correct the Rate Sheet.
The Subsequent Order Charge is applicable on a per order basis when changes are requested to existing service, including changing a telephone number, initialing or removing
Suspension or Service, denying or restoring service. adding, removing, or changing features. and other similar requests.
OPP"" ISDN BRI and PBX are "DesiQn . RemaininQ OPP"" services are "Non-DesiQn
All charQes and increments shall be the same as the comparable charQes and increments in each state SGAT.
Owest and MC! agree to negotiate a charge in good faith. The Parties agree that the charges are intended to allow Owestto recover its relevant costs and will be an approved charge.
The charge MCI and Owest have agreed upon will be binding to all CLECs.
Where the service has been deemed to be a Telecommunications Service, the Discount will be provided pursuant to CLEC's ICA. Where the service is not a Telecommunications
Owest Master Services Agreement Owes! Platfonn Plus (OPP) Rate Sheet
Service. the discount will be 18%.
Qwest Platform PlusTM (QPPTM) Rate Sheet. Colorado
Qwest Master Services Agreement Qwest Platform Plus (QPP) Rate Sheet
Qwest Platform PlusTM (QPPTM) Rate Sheet -Idaho
109.Shared TransDort Purchased As Part of QPplM
109.Mass Market
109.QPplM Residential Business and PAL in ID-IPer MOU\$0.0011100
109.QPPTM Centrex ISDN BRI PAL in ID-N and PBX Analoo Trunks IPer line/trunk)UGUST $0.
109.Local Switchinn Purchased As Part of QPplM
109.11.Mass Market Switchina
109.11.Ports
109.11.Ports Effective throunh December 31 2004
109.11.Analoa Port $1.
109.11.Analon Port Residential end user credit $0.
109.11.Diaital Port ISunnortina BRIISDN\$12.
109.11.1.4 PBX DID Port $2.43
109.11.Ports. Effective Januarv 1 2005 throuah December 31 2005
109.11.Analoo Port $4.
109.11.Analoa Port Residential end user credit ($1.53)
109.11.Diaital Port ISuooortina BRIISDN\$15.
109.11.PBX DID Port $5.
109.11.Ports, Effective January 01, 2006 through December 31 , 2006, if incentive
thresholds ARE met
109.11.Analoa Port $4.
109.11.Analoa Port Residential end user credit 1$1.99\
109.11.Dioital Port ISunnortino BRIISDN\$15.
109.11.3.4 PBX DID Port $5.
109.11.1.4 Ports, Effective January 01, 2006 through December 31, 2006, if incentive
thresholds ARE NOT met
109.11.1.4.Analoo Port $5.
109.11.1.4.2 Analoo Port Residential end user credit 1$2.22)
109.11.1.4.Diaital Port (Suooortina BRIISDN\$16.
109.11.4.4 PBX DID Port $6.
109.11.Ports, Effective January 01, 2007 through term, if incentive thresholds ARE
met
109.11.Analoa Port $5.
109.11.Analoa Port Residential end user credit 1$2.
109.11.Dioital Port ISunnortino BRIISDN\$16.
109.11.5.4 PBX DID Port $6.
109.11.Ports, Effective January 01, 2007 through term, if incentive thresholds ARE
NOT met
109.11.Analoa Port $6.
109.11.Analoa Port Residential end user credit 1$3.07\
109.11.Dioital Port ISunnortino BRIISDN)$17.40
109.11.6.4 PBX DID Port $7.
109.11.Local Switch Usaae
109.11.1.2.1 QPPTM Residential Business and PAL in ID-S (Per MOU)$0.001343
109.11.QPPTM Centrex, ISDN BRI, PAL in ID-, and PBX Analoa Trunks (Per UGUFM $1.
109.11.Switch Features 2 3
109.11.Account Codes - oer System AZ8PS $77.41
109.11.Attendant Access Line ner Station Line DZR $1.
109.11.Audible Message Waiting MGN,$0.
MWW
109.11.3.4 Authorization Codes - oer System AFYPS $231.
109.11.Automatic Line ETVPB $0.
109.11.Automatic Route Selection - Common Eouioment ner System F5GPG $2015.
109.11.Call Dron FID ONLY $0.
109.11.Call Exclusion - Automatic NXB $0.
(ISDN)
109.11.Call Exclusion - Manual NA-FID $0.46
IDSN)
109.11.10 Call Forwardino Busv Line -Incominn Onlv 69B1X $20.
109.11.Call Forwardino Dont Answer Incomino Onlv 69A $20.
109.11.12 Call Forwardino: Busv Line / Don t Answer Proorammable Service Establishmen SEPFA $11.
109.11.13 Call Forwarding: Dont Answer / Call Forwarding Busy Customer Programmable,FSW $0.
oer Line
109.11.14 Call Waitina Indication,- oer Timino State WUT $0.
109.11.15 Centrex Common Equipment HYE, HYS 370.
109.11.CLASS - Call Trace Per Occurrence NO USOC $1.43
109.11.CLASS - Continuous Redial NSS $1.
109.11.CLASS - Last Call Return NSQ $1.
109.11.CLASS - Priority Callina NSK $1.
109.11.CLASS - Selective Call Forwardina NCE $1.28
109.11.CLASS - Selective Call Rejection FKQPN,$1.
NSY
109.11.Direct Station Selection / Busy Lamo Field, oer Arrannement BUD $0.
109.11.Directed Call pickun with Barae-6MD $13.
109.11.1.Directed Call pickun without Barne-69D $13.
109.11.3.25 Distinctive Rino/Distinctive Call Waitinn RNN $27.
109.11.Exnensive Route Waminn Tone ner Svstem AQWPS $49.48
Qwest Master Services Agreement Qwest Platform Plus (QPP) Rate Sheet
Qwest Platform PlusTM (QPpTM ) Rate Sheet -Idaho
109.11.Grauo Intercom GCN $0.
109.11.Hot Line. oer Line HLN. HLA $1.
109.11.Huntina: Multioosition Hunt Queuina MH5 $29.25
109.11.Huntina: Multioosition with Announcement in Queue MHW $31.
109.11.Huntina: Multioosition with Music in Queue MOHPS $28.
109.11.ISDN Short Hunt NHGPG,$1.
NHGPN
109.11.Loudsoeaker Paainn ner Trunk Grauo PTQPG $183.
109.11.Make Busy Arrangements, per Group A9AEX.$0.
P89
109.11.Make Busv Arrannements ner Line MB1 $0.
109.11.Messaae Center. oer Main Station Line MFR $0.
109.11.Messaae Waitina Visual MV5 $0.
109.11.Music On Hold. oer Svstem MHHPS $20.
109.11.Privacv Release K7KPK $0.42
109.11.3.40 Querv Time QT1PK $0.
109.11.3.41 SMDR-P - Archived Data SR7CX $170.
109.11.3.42 SMDR-P - Service Establishment Charge. Initial Installation SEPSP.$323.
SEPSR
109.11.3.43 Station Camn-On Service ner Main Station CPK $0.
109.11.3.44 Time of Dav Control for ARS ner Svstem ATBPS $95.48
109.11.3.45 Time of Dav NCOS Undate A4T $0.41
109.11.3.46 Time of Dav Routinn ner Line ATB $0.46
109.11.3.47 Trunk Verification from Desinnated Station BVS $0.
109.11.3.48 UCD in Hunt Groun ner Line MHM $0.
109.11.1.4 Premium Port Features- Additional Charne $2.
109.11.1.4.CMS - Svstem Establishment - Initial Installation MB5XX $962.
109.11.CMS - Svstem Establishment Subsequent Installation CPVWO $481.
109.11.1.4.CMS - Packet Control Canabililv ner Svstem PTGPS $481.
109.11.4.4 Conference Gallina - Meet Me MJJPK $32.
109.11.1.4.Conference Gallina - Preset M09PK $32.
109.11.1.4.Conference CallinQ - Station Dial (6-Wav\GVT $47.48
109.11.Other
109.11.Custom Number See Applicable Qwest Retail
Tariff, Catalog or Price List less
Discount (which will be
provided pursuant to terms and
conditions in CLEC's ICA).
109.11.PBX DID Comolex Translations Diaits Outnulsed Chance Sianalina $15.
109.11.5.4 PBX DID Comnlex Translations Sianalina Chance $35.
109.11.PBX DID Block Comoromise $25.
109.11.PBX DID Grouo of 20 Numbers $31.
109.11.PBX DID Reserve Sequential # Block $25.
109.11.PBX DID Reserve Nonseauential Teleohone Numbers $23.
109.11.PBX DID Nonsequential Telenhone Numbers $33.
109.11.Subsequent Order Charoe NHCUU $12.
109.11.Qwest Corporation (QC) Intra LATA Toll, LPIC 5123 See Applicable Qwest Retail
Tariff, Catalog or Price List less
Discount (which will be
provided pursuant to terms and
conditions in CLEC's ICA).
109.Miscellaneous Charoes 5 6
109.20.Desion . North
109.20.Maintenance of Service
109.20.Basic
109.20.First Increment MVWXX See Maintenance
109.20.Each Additional Increment MVW1X of Service
109.20.Overtime
109.20.First Increment MVWOX See Maintenance
109.20.Each Additional Increment MVW2X of Service
109.20.Premium
109.20.First Increment MVWPX See Maintenance
109.20.Each Additional Increment MVW3X of Service
109.20.Ootional TestinQ (Additional Labor\
109.20.Basic First and Each Addi!ionallncremen!OTNBX See Additional
109.20.2.2 Overtime First and Each Additional Increment OTNOX
109.20.Premium First and Each Additional Increment OTNPX Labor - Other
109.20.Disnatch (Additional Disoatch - No trouble found\VT6DC See Additional
109.20.1.4 Disnatch for Maintenance of Service - No Trouble Found VT6DM Dispatch
109.20.Deslan and Non-Desion . North
109.20.Trip Charge - Premises Visit Charge SCO See Additional
Disoatch
109.20.Premises Work Charae
109.20.Basic
Owest Master Services Agreement Qwes! Platform Plus (QPP) Rate Sheet
Qwest Platform PlusTM (QPPTM ) Rate Sheet -Idaho
109.20.First Increment HRD11 See Additional
109.20.Each Additional Increment HRDA1 Labor - Other
109.20.Overtime
109.20.First Increment HRD12 See Additional
109.20.Each Additional Increment HRDA2 Labor - Other
109.20.Premium
109.20.2.2.First Increment HRD13 See Additional
109.20.Each Additional Increment HRDA3 Labor - Other
109.20.Non-Desion - South
109.20.Network Premises Work Charae
109.20.All Hours 1 st 15 minutes HRH11 See Additional
109.20.All Hours next three 15 minutes HRHA1 Labor - Other
109.20.All Hours ea addt'115 minutes HRDA1
109.20.Desion - South
109.20.4.Maintenance of Service
109.20.4.Basic
109.20.4.First Increment MVWXX See Maintenance
109.20.Each Additional Increment MVW1X of Service
109.20.4.Overtime
109.20.4.First Increment MVWOX See Maintenance
109.20.4.Each Additional Increment MVW2X of Service
109.20.Premium
109.20.First Increment MVWPX See Maintenance
109.20.4.Each Additional Increment MVW3X of Service
109.20.4.2 Ootional Testinn (Additional Labor\
109.20.4.Basic First and Each Additional Increment OTNBX See Additional
109.20.4.Overtime First and Each Additional Increment OTNOX Labor - Other
109.20.Premium First and Each Additional Increment OTNPX
109.20.4.Disnatch (Additional Disoatch - No trouble found\VT6DC See Additional
109.20.4.4 Disnatch for Maintenance of Service - No Trouble Found VT6DM Dispatch
109.20.4.Network Premises Work Charae
109.20.4.Basic
109.20.First Increment HRH11 See Additional
109.20.Each Additional Increment HRHA1 Labor - Other
109.20.4.Overtime
109.20.First Increment HRH12 See Additional
109.20.Each Additional Increment HRHA2 Labor - Other
109.20.4.Premium
109.20.First Increment HRH13 See Additional
109.20.Each Additional Increment HRHA3 Labor - Other
109.20.Desion and Non-Desion - South
109.20.Trip Charge - Premises Visit Charge NRTCY See Additional
Disnatch
109.20.Premises Work Charae
109.20.Basic
109.20.First Increment HRD11 See Additional
109.20.Each Additional Increment HRDA1 Labor - Other
109.20.Overtime
109.20.First Increment HRD12 See Additional
109.20.Each Additional Increment HRDA2 Labor - Other
109.20.Premium
109.20.First Increment HRD13 See Additional
109.20.Each Additional Increment HRDA3 Labor - Other
109.20.Date Chanae $10.
109.20.5.4 Desian Channe $73.
109.20.Exnedite Charne
109.20.Cancellation Charne
109.Qwest Platform PluslM IQPPlM\
109.23.Conversion Nonrecurrinn Charnes
109.23.QPplM Business Centrex PAL and PBX AnaioQ non-DID Trunks Residential
109.23.First Line IMechanized\URCCU $0.
109.23.Each Additional Line IMechanized)URCCY $0.
109.23.First Line IManual\URCCV $16.
109.23.Each Additional Line IManual\URCCZ $2.
109.23.QPplM PBX DID Trunks
109.23.First Trunk URCCD $28.
109.23.1.2.Each Additional $2.
Owest Master Services Agreement Owest Platfonn Plus (OPP) Rate Sheet
Qwest Platform PlusTM (QPpTM) Rate Sheet -Idaho
$30.
$2.
109.23.non-DID Trunks Residential
NHCRA
NHCRC
NHCRB
NHCRD
$57.
$15.
$82.
$18.
109.23.2.2 Qppm Analo DID PBX Trunks $15.
109.23.Qppm ISDN-BRI $272.
109.23.Qwest Voice Messaging Services
See Applicable Qwest Retail
Tariff, Catalog or Price List less
Discount (which will be
provided pursuant to terms and
conditions in CLEC's ICA).
See Applicable Qwest Retail
Tariff, Catalog or Price List less
Discount (which will be
provided pursuant to terms and
conditions in CLEC's ICA).
See Applicable Qwest Retail
Tariff, Catalog or Price List less
Discount
109.23.Qwest AIN Features
109.23.Qwest DSL
112 $5.
$1.40
$0.000419
Notes
Monthly Recurring credit applies to QPPTM Residential Services as set forth in Service Exhibit 1 to this Agreement.
QPPTM service includes nondiscriminatory access to all vertical switch features that are loaded in Qwest's End Office Switch. See the PCAT for all compatible and
available vertical switch features. Only vertical switch features with Non-Recurring, Recurrin
USOCs have been provided in an effort to ease item description and USOC association with charges. In the event USOCs are inaccurate or are revised, Qwest reserves
the rioht to correct the Rate Sheet.
The Subsequent Order Charge is applicable on a per order basis when changes are requested to existing service, including changing a telephone number, initiating or removing
Suspension or Service, denying or restoring service, adding, removing, or changing
QPPTM ISDN BRI and PBX are "Design . Remaining OppTM services are "Non-Design
All charges and increments shall be the same as the comparable charges and increments in each state SGAT.
Owest and MCI agree to negotiate a charge in good faith. The Parties agree that the charges are intended to allow Qwest to recover its relevant costs and will be an approved
charge. The charge MCI and Owest have agreed upon will be binding to all CLECs.
Where the service has been deemed to be a Telecommunications Service, the Discount will be provided pursuant to CLEC's ICA. Where the service is not a Telecommunications
Service, the discount will be 18%.
Qwest Master Services Agreement Owest Platform Plus (OPP) Rate Sheet
Qwest Platform PlusTM (QPPTM ) Rate Sheet - Minnesota
109.Shared Transport Purchased As Part of QPp1II
109.Mass Market
109.OPP'"Residential and Business (Per MOU)$0.0006513
109.Opp-m Centrex, ISDN BRI, PAL, and PBX AnaloQ Trunks (Per line/lrunk\UGUST $0.21
109.Local Switchina Purchased As Part of QPp1II
109.11.Mass Market Switchina
109.11.Ports
109.11.Ports, Effective throuah December 31. 2004
109.11.Analoa Port $3.
109.11.Analoa Port, Residential end user credit $0.
109.11.Diaital Port (SUDDortina BRI ISDN)$9.
109.11.PBX DID Port $2.
109.11.Ports Effective Januarv 1. 2005 throuah December 31 2005
109.11.Analoa Port $5.
109.11.Analoa Port, Residential end user credit ($0.
109.11.Diaital Port (SuDDortina BRIISDN\$12.
109.11.2.4 PBX DID Port $5.
109.11.Ports, Effective January 01, 2006 through December 31, 2006, if incentive
thresholds ARE met
109.11.Analoa Port $7.47
109.11.Analoa Port, Residential end user credit ($1.51\
109.11.Diaital Port (SuDDortina BRIISDN\$13.
109.11.3.4 PBX DID Port $7.
109.11.Ports, Effective January 01. 2006 through December 31, 2006, if incentive
thresholds ARE NOT met
109.11.Analoa Port $7.
109.11.1.4.Analoa Port. Residential end user credit ($1.68\
109.11.1.4.Diaital Port (SUDDortinQ BRIISDN\$14.
109.11.1.4.PBX DID Port $7.
109.11.Ports, Effective January 01,2007 through term, if incentive thresholds ARE
met
109.11.Analoa Port $9.
109.11.Analoa Port, Residential end user credit ($3.02\
109.11.Diaital Port (SuDDortinQ BRI ISDN\$15.
109.11.PBX DID Port $9.
109.11.Ports. Effective January 01, 2007 through term, if incentive thresholds ARE
NOT met
109.11.Analoa Port $10.
109.11.Analoa Port, Residential end user credit ($3.36\
109.11.Diaital Port (SuDDortina BRI ISDN\$16.
109.11.6.4 PBX DID Port $9.
109.11.Local Switch Usage
109.11.OPP'"Residential and Business (Per MOU)$0.
109.11.OPP'"Centrex, ISDN BRI, PAL, and PBX Analoa Trunks (Per Lineffrunk\UGUFM $0.
109.11.Switch Features $0.$0.
109.11.1.4 Other
109.11.1.4.Custom Number See Applicable Owest Retail
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to terms and conditions
in CLEC's ICA).
109.11.1.4.PBX DID Comolex Translation Diaits OutDulsed $11.
109.11.1.4.4 PBX DID Comolex Translations Sianalina Chance $26.
109.11.1.4.PBX DID Block Comnromise $4.
109.11.1.4.PBX DID GrauD of 20 Numbers $1.
109.11.1.4.PBX DID Reserve SeQuential # Block $4.
109.11.PBX DID Reserve Nonseauential TeleDhone Number $3.
109.11.1.4.PBX DID Nonseauential TeleJ:\hone Number $3.
109.11.Subsequent Order Charge/Feature Change Charge NHCUU.$0.44NHCVQ
109.11.Qwest Corporation (QC) Intra LATA Toll, LPIC 5123 See Applicable Owest Retail
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to terms and conditions
in CLEC's ICA).
109.Miscellaneous Charaes
109.20.Non-Design
109.20.Trouble Isolation Charge (TIC)L TESX See Maintenance
of Service. Basic.
First Interval
109.20.Design
Owest Master Services Agreement Qwest Platform Plus (QPP) Rate Sheet
Qwest Platform PlusTM (QPPTM ) Rate Sheet - Minnesota
109.20.2.Maintenance of Service
109.20.1.1 Basic
109.20.First Increment MVWXX See Maintenance
109.20.Each Additional Increment MVW1X of Service
109.20.Overtime
109.20.First Increment MVWOX See Maintenance
109.20.Each Additional Increment MVW2X of Service
109.20.2.Premium
109.20.First Increment MVWPX See Maintenance
109.20.Each Additional Increment MVW3X of Service
109.20.Ootional Testino (Additional Labor\
109.20.Basic, First and Each Additional Increment OTNBX See Additional
109.20.Overtime, First and Each Additional Increment OTNOX Labor - Other
109.20.Premium, First and Each Additional Increment OTNPX
109.20.Disnatch (Additional Disoatch - No trouble found\VT6DC See Additional
109.20.2.4 Disoatch for Maintenance of Service - No Trouble Found VT6DM Dispatch
109.20.Desion and Non-Desion
109.20.Trip Charge. Premises Visit Charge No USOC See Additional
Dispatch
109.20.3.2 Premises Work Charoe
109.20.Basic
109.20.First Increment HRD11 See Additional
109.20.Each Additional Increment HRDA 1 Labor - Other
109.20.Overtime
109.20.First Increment HRD12 See Additional
109.20.Each Additional Increment HRDA2 Labor - Other
109.20.Premium
109.20.First Increment HRD13 See Additional
109.20.Each Additional Increment HRDA3 Labor - Other
109.20.Date Chanoe Under Developmen
109.20.3.4 Desion Chance Under Develonmen
109.20.Exoedite Charee ICE
109.20.Cancellation Charoe ICE
109.Qwest Platform Plus"" fQPP""\
109.23.Conversion Nonrecurring Charges
109.23.QPP"" Business, Centrex. PAL. and PBX Analog non-DID Trunks. Residential
109.23.Firslline (Mechanized\URCCU $0.
109.23.Each Additional line (Mechanized\ URCCY $0.
109.23.Disconnect (Manual and Mechanized\$0.44
109.23.1.4 First line (Manual)URCCV $0.
109.23.Each Additional line (Manual)URCCZ $0.
109.23.1.2 QPP"" PBX DID Trunks $1.
109.23.QPP"" ISDN BRI URCCU $1.
109.23.Installation Nonrecurrino Charaes
109.23.QPP'" Business. Centrex, PAL, and PBX Analoa non-DID Trunks, Residential
109.23.First line (Mechanized\NHCRA $0.
109.23.Each Additional line (Mechanized)NHCRC $0.
109.23.Disconnect (Manual and Mechanized)$0.44
109.23.1.4 First line (Manual)NHCRB $0.44
109.23.Each Additional line (Manual)NHCRD $0.44
109.23.2.2 QPP"" Analoa DID PBX Trunks $181.
109.23.QPP'" ISDN-BRI $248.
109.23.Owest AIN Features See Applicable Owest Retail
Tariff, Catalog or Price list less
Discount (which will be provided
pursuant to terms and conditions
in CLEC's ICA).
109.23.Owest DSL See Applicable Owest Retail
Tariff, Catalog or Price list less
Discount (which will be provided
pursuant to terms and conditions
in CLEC's ICA).
109.23.Owest Voice Messaging Services See Applicable Owest Retail
Tariff, Catalog or Price list less
Discount
112 Operational Support Systems
Owest Master Services Agreement Owes! Platform Plus (OPP) Rate Sheet
Qwest Platform PlusTM (QPPTM) Rate Sheet - Minnesota
112.Develoments and Enhancements, per Local Service Request Under development
Under development
$0.
112.Ongoing Maintenance, per Local Service Request
112.
Notes
Monthly Recurring credit applies to app"'" Residential Services as set forth in Service Exhibit 1 to this Agreement.
app"'" service includes nondiscriminatory access to all vertical switch features that are loaded in awest's End Office Switch. See the PCAT for all compatible and
available vertical switch features. Only vertical switch features with Non-Recurring, Recurring, or Per Occurrence charges are listed. Non-Recurring charges are
applicable whenever a feature is added - whether on new installation, conversion. or change order activity. Those vertical switch features not listed have a rate of $0 for
Monthly Recurring, Non-Recurring, or Per Occurrence charges.
USOCs have been provided in an effort to ease item description and USOC association with charges. In the event USOCs are inaccurate or are revised, awest reserves
the right to correct the Rate Sheet.
The Subsequent Order Charge is applicable on a per order basis when changes are requested to existing service, including changing a telephone number, initiating or removing
Suspension or Service, denying or restoring service, adding, removing, or changing features, and other similar requests.
app"'" ISDN BRI and PBX are "Design , Remaining appTM services are "Non-Design
All charges and increments shall be the same as the comparable charges and increments in each state SGAT.
awest and MCI agree to negotiate a charge in good faith. The Parties agree that the charges are intended to allow awes! to recover its relevant costs and will be an approved
charge. The charge MCI and awest have agreed upon will be binding to all CLECs.
Where the service has been deemed to be a Telecommunications Service, the Discount will be provided pursuant to CLEC's ICA. Where the service is not a Telecommunications
Service, the discount will be 18%.
awest Master Services Agreement awes! Platfonn Plus (apP) Rate Sheet
Qwest Platform PlusTM (QPPTM) Rate Page - New Mexico
109.Shared TransDort Purchased As Part of QPPTM
109.Mass Market
109.QPPTM Residential and Business IPer MOUI $0.0001252
109.QPPTM Centrex ISDN BRI PAL and PBX Analoo Trunks IPer lineltrunk\UGUST $0.
109.Local Switchina Purchased As Part of QPPTM
109.11.Mass Market Switchina
109.11.Ports
109.11.Ports Effective throuah December 31 2004
109.11.1. Analoa Port $1.
109.11.1. Analoa Port Residential end user credit $0.
109.11.1. Diaital Port ISunnortinn BRIISDN)$9.
109.11.1. PBX DID Port $2.
109.11.1.2 Ports. Effective Januarv 1 2005 throuah December 31 2005
109.11.2. Analoa Port $4.
109.11.2. Analoa Port Residential end user credit 1$1.14'
109.11.2. Diaital Port ISunnortina BRIISDN)$12.
109.11.2. PBX DID Port $5.
109.11.Ports, Effective January 01, 2006 through December 31, 2006, if
incentive thresholds ARE met
109.11.3. Analoa Port $4.48
109.11.3. Analoa Port Residential end user credit 1$1.
109.11.3. Diaital Port ISunnortinn BRIISDN)$12.47
109.11.3. PBX DID Port $6.
109.11.1.4 Ports, Effective January 01, 2006 through December 31, 2006, if
incentive thresholds ARE NOT met
109.11.1.4. Analoa Port $4.
109.11.4. Analoa Port Residential end user credit 1$1.
109.11.1.4. Diaital Port ISunoortina BRIISDNI $12.
109.11.1.4. PBX DID Port $6.
109.11.Ports, Effective January 01, 2007 through term, if incentive thresholds
ARE met
109.11.5. Analoa Port $5.
109.11.5. Analoa Port Residential end user credit 1$1.
109.11.5. Diaital Port ISunnortina BRIISDN\$13.
109.11.5. PBX DID Port $6.
109.11.Ports, Effective January 01, 2007 through term, if incentive thresholds
ARE NOT met
109.11.6. Analoa Port $5.
109.11.6. Analoa Port Residential end user credit 1$1.78\
109.11.6. Diaital Port ISunnortinn BRIISDNI $13.
109.11.6. PBX DID Port $7.
109.11.Local Switch Usaae
109.11.QPPTM Residential and Business/Per MOU)$0.0011083
109.11.2.2 QPPTM Centrex, ISDN BRI, PAL, and PBX Analoa Trunks IPer LinefTrunk)UGUFM $0.
109.11.Switch Features 2 3
109.11.Account Codes - per svstem AZ8PS $80.
109.11.Attendant Access Line - oer station line DZR $1.
109.11.MGN,$1.
Audible Message Waitina MWIN
109.11.3.4 Authorization Codes - oer system AFYPS $239.
109.11.Automatic Line (per station line)ETVPB $0.
109.11.Automatic Route Selection. Common Equip. per system F5GPG $2,103.
109.11.Call Draa NA-FID $0.
109.11.NXB $1.
Call Exclusion. Automatic ISDN)
109.11.NA-FID $0.
Call Exclusion - Manual IDSN)
109.11.Call Forwarding: Busy Line/Dont Answer Prog Svc. Estab SEPFA $15.
109.11.Call Forwarding: Dont Answer 69H $37.
69HHG,
EVD,
EVDHG
109.11.Call Waitina Indication - oer timina state WUT $1.
109.11.HYE, HYS $1,208.51
CENTREX COMMON EQUIPMENT
109.11.CF Dont Ans.lCF Busv Cust. Proa. - Per Line FSW $1.
109.11.CLASS - Call Trace. Per Occurrence NO USOC $2.
109.11.CMS - Packet Control Caoabilitv ner System PTGPS $486.
109.11.CMS - Svstem Establishment - Initial Installation MB5XX $973.44
109.11.CMS - Svstem Establishment - Subseauent Installation CPVWO $486.
109.11.Conference Callina - Meet Me MJJPK $42.
109.11.Conference Callina - Preset MO9PK $42.
109.11.Dir Sta SellBusv Lamo Fld oer arranaement BUD $0.
109.11.Directed Call Pickuo with Barae-6MD $20.
109.11.Directed Call Pickuo without Barae-69D $20.
109.11.Distinctive RinQ/Distinctive Call WaitinQ RNN $40.
109.11.3.25 Exoensive Route Wamina Tone- oer system AQWPS $72.05
Qwest Master Services Agreement Qwest Platfonn Plus (QPP) Rate Sheet
Qwest Platform PlusTM (QPpTM) Rate Page. New Mexico
109.11.Facilitv Restriction Level - oer svstem FRKPS $44.
109.11.Grouo Intercom GCN $0.
109.11.HLA, HLN $1.
Hot Line - oer line
109.11.Huntino: Multioosition Hunt Queuino MH5 $38.
109.11.Huntino: Multioosition with Announcement in Queue MHW $38.
109.11.Huntino: Multioosition with Music in Queue MOHPS $40.
109.11.ISDN Short Hunt NHGPG $1.
109.11.Loudsoeaker Paailla - oer trunk orouo PTQPG $176.
109.11.Make Busy Arrangements - per group A9AEX,$0.
P89
109.11.Make Busv Arranaements - oer line MB1 $0.
109.11.Messaae Center - oer main station line MFR $0.
109.11.Messaoe Waitina Visual MV5 $0.
109.11.Music On Hold - oer svstem MHHPS $23.
109.11.Privacv Release K7KPK $0.48
109.11.3.40 Query Time QT1PK $0.
109.11.3.41 SMDR-P - Archived Data SR7CX $177.63
109.11.3.42 SMDR-P - Service Establishment Chg., Initial Installation SEPSP,$339.
SEPSR
109.11.3.43 Station Camo-On Service - oer main station CPK $0.
109.11.Time of Dav Control for ARS - oer svstem ATBPS $126.
109.11.3.45 Time of Dav NCOS Uodate $0.
109.11.3.46 Time of Dav Routinc - oer line ATB $0.
109.11.3.47 Trunk Verification from Desicnated Station BVS $0.
109.11.3.48 UCD in hunt group - per line MHM $0.
H6U NZT
109.11.1.4 Other
109.11.1.4.Custom Number See Applicable Qwest Retail Tariff
Catalog or Price List less Discount
(which will be provided pursuant to
terms and conditions in CLEC'
ICA).
109.11.1.4.PBX DID Comnlex Translation Dioits Outnulsed Sinnalina Chno.$14.
109.11.1.4.4 PBX DID Comnlex Translation Diaits Sianalinn Chnn $33.
109.11.1.4.PBX DID Block Comnromise $25.
109.11.1.4.PBX DID Groun of 20 Numbers $33.
109.11.1.4.PBX DID Reserve SeQuential Number Block $25.
109.11.1.4.PBX DID Reserve Nonsequential TNs $23.
109.11.1.4.PBX DID Nonsenuential TNs $35.
109.11.Subseouent Order Charae NHCUU $12.
109.11.Qwest Corporation (QC) IntraLATA Toll, LPIC 5123 See Applicable Owest Retail Tariff
Catalog or Price List less Discount
(which will be provided pursuant to
terms and conditions in CLEC'
ICA).
109.Miscellaneous Charoes
109.20.Non.Desian
109.20.Trouble Isolation Charge (TIC)L TESX See Maintenance
of Service, Basic,
First Interval
109.20.Desian
109.20.Maintenance of Service
109.20.Basic
109.20.1. First Increment MVWXX See Maintenance
109.20.1. Each Additional Increment MVW1X of Service
109.20.2.Overtime
109.20.2. First Increment MVWOX See Maintenance
109.20.2. Each Additional Increment MVW2X of Service
109.20.Premium
109.20.3. First Increment MVWPX See Maintenance
109.20.3. Each Additional Increment MVW3X of Service
109.20.2.2 Ootional Testina (Additional Labor\
109.20.Basic First and Each Additional Increment OTNBX See Additional
109.20.Overtime First and Each Additional Increment OTNOX Labor - Other
109.20.Premium First and Each Additional Increment OTNPX
109.20.Disnatch (Additional Disnatch - No trouble found\VT6DC See Additional
109.20.2.4 Disnatch for Maintenance of Service - No Trouble Found VT6DM Dispatch
109.20.Desion and Non-Desian
109.20.Trip Charge - Premises Visit Charge NRTCY See Additional
Disoatch
109.20.Premises Work Charne
109.20.3.2.Basic
109.20.1. First Increment HRD11 See Additional
109.20.1. Each Additional Increment HRDA1 Labor - Other
Qwest Master Services Agreement Qwest Platform Plus (QPP) Rate Sheet
Qwest Platform PIUSTM (QPPTM) Rate Page - New Mexico
109.20.Overtime
109.20.2. First Increment HRD12 See Additional
109.20.2. Each Additional Increment HRDA2 Labor - Other
109.20.Premium
109.20.3. First Increment HRD13 See Additional
109.20.3. Each Additional Increment HRDA3 Labor - Other
109.20.Network Premises Work Charae
109.20.Basic
109.'0.1 First Increment HRH11 See Additional
109.20.. Each Additionallncr"'ment HRHA1 Labor - Other
109.20.Overtime
109.20.2. First Increment HRH12 See Additional
109.20.2. Each Additional Increment HRHA2 Labor - Other
109.20.Premium
109.20.3. First Increment HRH13 See Additional
109.20.3. Each Additional Increment HRHA3 Labor - Other
109.20.3.4 Date Chance $10.
109.20.Desian Chance $60.
109.20.Exaedite Charae ICE
109.20.Cancellation Charae ICE
109.Qwest Platform PIUSTM (QPPTM\
109.23.Conversion Nonrecurrina Charaes
109.23.QPPTM Business Centrex PAL and PBX Analoa non-DID Trunks Residential
109.23.First Line (Mechanized)URCCU $0.
109.23.1.2 Each Additional Line (Mechanized)URCCY $0.
109.23.First Line (Manual)URCCV $16.
109.23.1.4 Each Additional Line (Manual)URCCZ $1.
109.23.1.2 QPPTM PBX DID Trunks
109.23.First Trunk URCCD $18.
109.23.Each Additional $2.
109.23.QPPTM ISDN BRI URCCU
109.23.First $13.
109.23.Each Additional $2.
109.23.Installation Nonrecurrina Charaes
109.23.2.1 QPPTM BusIness Centrex PAL and PBX Analoa non-DID Trunks Residential
109.23.First Line (Mechanized)NHCRA $37.23
109.23.Each Additional Line (Mechanized)NHCRC $11.
109.23.First Line (Manual)NHCRB $48.
109.23.Each Additional Line (Manual)NHCRD $14.
109.23.QPPTM Analoa DID PBX Trunks $177.43
109.23.QPPTM ISDN.BRI $312.
109.23.Qwest AIN Features See Applicable Owest Retail Tariff
Catalog or Price List less Discount
(which will be provided pursuant to
terms and conditions in CLEC'
ICA).
109.23.Qwest DSL See Applicable Owest Retail Tariff
Catalog or Price List less Discount
(which will be provided pursuant to
terms and conditions in CLEC'
ICA).
109.23.Qwest Voice Messaging Services See Applicable Owest Retail Tariff
Catalog or Price List less Discount
112 Onerational SUDDort Svstems
112.1 Develooment and Enhancements oer Local Service Reauest
112.OSS Start Un - Per Electronic Order $4.
112.OSS Start Un - Per Manual Order $7.
112.2 Onaoina Maintenance oer Local Service Reauest
112.IMA Onnoina Maintenance ner Order $1.
112.EDI Onnoina Maintenance Exoense, oer Order $1.42
112.3 Dally Usaae Records File ner Record $0.000867
Notes
Monthly Recurring credit applies to OppTM Residential Services as set forth in Service Exhibit 1 to this Agreement.
OppTM service includes nondiscriminatory access to all vertical switch features that are loaded in Owest's End Office Switch. See the PCAT for all compatible and
available vertical switch features. Only vertical switch features with Non-Recurring, Recurrin
Owest Master Services Agreement Owest Platform Plus (OPP) Rate Sheet
Qwest Platform PlusTM (QPPTM) Rate Page - New Mexico
USOCs have been provided in an effort to ease item description and USCG association with charges. In the event USOCs are inaccurate or are revised, Qwest
reserves
The Subsequent Order Charge is applicable on a per order basis when changes are requested to existing service, including changing a telephone number, initiating or removing
Suspension or Service, denying or restoring service, adding, removing, or changing
QPPTM ISDN BRI and PBX are "Design . Remaining QPPTM services are "Non-Design
All charges and increments shall be the same as the comparable charges and increments in each state SGAT.
Qwest and MCI agree to negotiate a charge in good faith. The Parties agree that the charges are intended to allow Qwest to recover its relevant costs and will be an approved
charge. The charge MCI and Qwest have agreed upon will be binding to all CLECs.
Where the service has been deemed to be a Telecommunications Service, the Discount will be provided pursuant to CLEC's ICA. Where the service is not a
Telecommunications Service, the discount will be 18%.
Qwest Master Services Agreement Qwest Platform Plus (QPP) Rate Sheet
Qwest Platform PlusTM (QPPTM ) Rate Page - Oregon
109.Shared Transport Purchased As Part of cpp'"
109.Mass Market
109.appTM Residential, Business, and PAL (Per MOU)$0.0010400
109.appTM Centrex, ISDN BRI, and PBX Analoa Trunks (Per line/trunk)UGUST $0.
109.Local Switchina Purchased As Part of CPP'"
109.11.Mass Market Switchina
109.11.Ports
109.11.Ports Effective through December 31 2004
109.11.Analoa Port $1.
109.11.Analoa Port, Residential end user credit $0.
109.11.Diaital Port ISuooortino BRIISDN)$6.
109.11.1.4 PBX DID Port $2.
109.11.Ports Effective January 1 2005 throuah December 31 2005
109.11.Analoa Port $3.
109.11.Analoa Port, Residential end user credit 1$1.
109.11.Diaita! Port ISuooortina BRI ISDN)$8.
109.11.2.4 PBX DID Port $5.
109.11.Ports, Effective January 01, 2006 through December 31, 2006, If incentive
thresholds ARE met
109.11.Analoa Port $4.
109.11.Analoa Port, Residential end user credit 1$1.
109.11.Diaital Port (Suooortina BRIISDN)$9.
109.11.3.4 PBX DID Port $5.
109.11.1.4 Ports, Effective January 01, 2006 through December 31, 2006, if incentive
thresholds ARE NOT met
109.11.1.4.Analoa Port $4.
109.11.1.4.Analoa Port, Residential end user credit 1$1.
109.11.Diaital Port (SuDDortina BRI ISDN)$9.
109.11.1.4.PBX DID Port $6.
109.11.Ports, Effective January 01, 2007 through term. if incentive thresholds ARE
met
109.11.AnaloQ Port $4.
109.11.AnaloQ Port, Residential end user credit 1$2.
109.11.Diaital Port (SuDDortina BRI ISDN)$9.
109.11.5.4 PBX DID Port $6.42
109.11.Ports, Effective January 01, 2007 through term, if incentive thresholds ARE
NOT met
109.11.AnaloQ Port $5.
109.11.6.2 Analoa Port, Residential end user credit 1$2.38)
109.11.Diaital Port (SuDoortina BRI ISDN)$10.
109.11.6.4 PBX DID Port $6.
109.11.Local Switch Usage
109.11.1.2.appTM Residential, Business, and PAL IPer MOW $0.00133
109.11.app""Centrex, ISDN BRI, and PBX Analoa Trunks (Per LinelTrunk)UGUFM $1.
109.11.Switch Features
109.11.Account Codes, Der SYStem AZ8PS $99.
109.11.Attendant Access Line, oer Station Line DZR $1.
109.11.Audible Message Waiting MGN $1.
MWW
109.11.Authorization Codes, per System AFYPS $254.47
109.11.Automatic Line ETVPB $0.
109.11.Automatic Route Selection - Common Eauioment, per Svstem F5GPG 080.
109.11.Call Droo NA-FID $0.
109.11.Call Exclusion - Automatic NXB (ISDN)$1.
109.11.Call Forwarding: Busy Line 69J, 69JGH $0.
EVB,
EVBHG
109.11.Call Forwarding: Busy Line - Don t Answer (Expanded)FVJ,$0.
FVJHG
109.11.Call Forwarding: Busy Line - Don t Answer (Overflow)EV2,$0.
EV2HG
109.11.Call Forwardino: Busy Line - Don t Answer, Service Establishment SEPFA $21.
109.11.Call Forwardino: Busy Line -Incomino Onlv 69B1X $36.
109.11.Call Forwarding: Busy Line (Expanded)FBJ,$0.
FBJHG
109.11.Call Forwarding: Busy Line (External)EVB,$0.
EVBHG
109.11.Call Forwarding: Busy Line (Overflow)EVO,$0.
EVOHG
109.11.Call Forwardina: Busy Line (Proarammable), Each Line ERB $0.
109.11.Call Forwarding. Don t Answer EVD,$0.
EVDHG
69H
69HHG
109.11.Call Forwarding Don t Answer (Expanded)FDJ,$0.
FDJHG
awest Master Services Agreement awest Platform Plus (apP) Rate Sheet
Qwest Platform PlusTM (QPPTM) Rate Page - Oregon
109.11.Call Forwardina: Dont AnsweriProarammablel ERD $0.
109.11.Call Forwardina: Dont Answer - Incoming Onlv 69A $36.
109.11.Call Forwardina: Variable ESM $0.
109.11.Call Hold (Centrex)6APPK $0.
109.11.Call Transfer EO3 $0.
109.11.Call Waitina Cancel Call Waitina ESX.6SY $0.
109.11.Call Waitina Indication - cer Timino State WUT $1.
109.11.Centrex Common Eauicment HYE, HYS $1,430.
109.11.CLASS - Call Trace, cer Occurrence NO USOC $0.
109.11.CLASS - Callina Name & Number NNK $0.
109.11.CLASS - Callina Number Deliverv NSD $0.
109.11.CLASS - Calling Number Delivery - Blocking NDD(ISDN),$0.
NKM, NKS
109.11.CLASS - Continuous Redial NSS $0.
109.11.CLASS - Last Call Return NSQ $0.
109.11.CLASS - Priority Calling NSK $0.
109.11.CLASS - Selective Call Forwardino NCE $0.
109.11.CLASS - Selective Call Reiection NSY $0.
109.11.CMS - Packet Control Cacabilitv, cer Svstem PTGPS $502.24
109.11.CMS - Svstem Establishment - Initial Installation MB5XX $1,004.46
109.11.CMS - Svstem Establishment - Subsequent Installation CPVWO $502.
109.11.3.40 Conference Calling - Meet Me MJJPK $46.
109.11.3.41 Conference Calling - Preset MO9PK $46.
109.11.3.42 Conference Calling - Station Dial 16-wav)GVT $49.
109.11.3.43 Direct Station Selection Busv Lama Field. cer Arranoement BUD $0.
109.11.3.44 Directed Call Pick UP 6MD $0.
109.11.3.45 Directed Call Pick UP with Barae-69D $0.
109.11.3.46 Distinctive Rina Distinctive Call Waitina RNN $50.
109.11.3.47 Distinctive Rinaina /Distinctive Alert)WDD $0.
109.11.3.46 Excensive Route Wamina Tone. oer Svstem AQWPS $60.
109.11.3.49 Facilitv Restriction Level, oer Svstem FRKPS $43.
109.11.Grouc Intercom GCN $0.
109.11.Hot Line ICentrex\, cer Line HLN $0.
109.11.Huntina (Centrex)NO USOC $0.
109.11.Huntina: Multicosition Hunt Queuina MH5 $37.
109.11.Huntino: Multicosition with Announcement in Queue MHW $37.
109.11.Huntina: Multioosition with Music in Queue MOHPS $37.
109.11.ISDN Short Hunt NHGPG $1.
109.11.Loudsoeaker Pacing. cer Trunk Grouc PTQPG $194.
109.11.Make Busy Arrangements, per Group A9AEX. P8~$0.
109.11.Make Busv Arranaements. cer Line MB1 $0.
109.11.Messaoe Center, per Main Station Line MFR $0.
109.11.Messaoe Waiting Visual MV5 $0.44
109.11.Music On Hold, per SyStem MHHPS $31.
109.11.Privacv Release K7KPK $0.
109.11.1.3.Querv Time QT1PK $0.44
109.11.SMDR-P Archived Data SR7CX $165.
109.11.SMDR-P Service Establishment Charge. Initial Installation SEPSP $361.
SEPSR
109.11.Speed Calling - Eight Code Capacity ESL, GVJ.$0.
EZJ. GVZ
109.11.Speed Calling - Thirty Code Capacity ESF, GV2.$0.
EVH, GW
109.11.Station Camo - On Service, cer Main Station CPK $0.44
109.11.Three Way Calling ESC $0.
109.11.Time of Day Control for ARS, cer System ATBPS $135.
109.11.Time of Dav NCOS Ucdate A4T $0.
109.11.Time of Dav Routina. cer Line A TBPS $0.
109.11.Trunk Verification from Desianated Station BVS $0.
109.11.375 UCD in Hunt Group, per Line MHM. H6U,$0.
NZT
109.11.Warm Line WLS $0.
109.11.1.4 Other
10911.1.4.Custom Number See Applicable Qwest Retail
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to terms and conditions
in CLEC's ICA).
109.11.1.4.PBX DID Comolex Translation Diaital Outpulsed Chanoed Sianalina $15.
109.11.1.4.4 PBX DID Comolex Translation Sionalino Chance $37.
109.11.1.4.5 PBX DID Block Compromise $26.
109.11.1.4.6 PBX DID Reserve Sequential # Block $26.
109.11.1.4.7 PBX DID Reserve Nonseauential Telechone Numbers $24.
109.11.1.4.PBX DID Nonsequential Teleohone Numbers $34.
109.11.Subsequent Order Charlie NHCUU $14.
Qwest Master Services Agreement Qwes! Platform Plus (QPP) Rate Sheet
Qwest Platform PlusTM (QPPTM) Rate Page. Oregon
109.11.Qwest Corporation (QC) Intra LATA Toll, LPIC 5123 See Applicable Owest Retail
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to terms and conditions
in CLEC's ICA).
109.Miscellaneous Charges
109.20.Non-Deslan
109.20.Trouble Isolation Charge (TIC)MCE See Maintenance
of Service. Basic,
First Interval
109.20.Desian
109.20.Maintenance of Service
109.20.Basic
109.20.First Increment MVWXX See Maintenance
109.20.Each Additional Increment MVW1X of Service
109.20.Overtime
109.20.First Increment MVWOX See Maintenance
109.20.Each Additional Increment MVW2X of Service
109.20.Premium
109.20.First Increment MVWPX See Maintenance
109.20.Each Additional Increment MVW3X of Service
109.20.ODtional Testinc (Additional Labor)
109.20.Basic. First and Each Additional Increment OTNBX See Additional
109.20.Overtime, First and Each Additional Increment OTNOX Labor - Other
109.20.Premium, First and Each Additional Increment OTNPX
109.20.DisDatch (Additional Disnatch - No trouble found)VT6DC See Additional
109.20.2.4 DisDatch for Maintenance of Service - No Trouble Found VT6DM Dispatch
109.20.Desian and Non-Desian
109.20.Trip Charge - Premises Visit Charge SCO See Additional
Dispatch
109.20.Premises Wor1\. Charae
109.20.Basic
109.20.First Increment HRD11 See Additional
109.20.Each Additional Increment HRDA 1 Labor - Other
109.20.Overtime
109.20.First Increment HRD12 See Additional
109.20.2.2 Each Additional Increment HRDA2 Labor. Other
109.20.Premium
109.20.First Increment HRD13 See Additional
109.20.3.2 Each Additional Increment HRDA3 Labor - Other
109.20.Date Chance $48.
109.20.3.4 Desion Chance $103.
109.20.EXDedite Charoe ICE
109.20.Cancellation Gharoe 1GB
109.Qwest Platform Plus'" (QPPTM)
109.23.Conversion Nonrecurrlna Charges
109.23.QPP'" Business, Centrex, PAL, and PBX Analog non-DID Trunks. Residential
109.23.First Line (Mechanized)URCCU $0.
109.23.1.2 Each Additional Line (Mechanized)URCCY $0.
109.23.First Line (Manual!URCCV $17.
109.23.1.4 Each Additional Line (Manual!URCCZ $2.
109.23.1.2 QPP'" PBX DID Trunks
109.23.First Trunk URCCD $30.
109.23.2.2 Each Additional $2.
109.23.QPP'" ISDN BRI URCCU
109.23.First $32.
109.23.Each Additional $2.
109.23.Installation Nonrecurrina Charoes
109.23.QPP'" Business, Centrex, PAL and PBX Analoa non-DID Trunks Residential
109.23.First Line (Mechanized)NHCRA $59.
109.23.Each Additional Line (Mechanized)NHCRC $16.
109.23.First Line (Manual!NHCRB $85.49
109.23.1.4 Each Additional Line (Manual!NHCRD $19.
109.23.QPP'" Analog DID PBX Trunks $15.
1 09.23.QPPTM ISDN-BRI $310.
Owest Master Services Agreement Owest Platform Plus (OPP) Rate Sheet
Qwest Platform PlusTM (QPPTM) Rate Page - Oregon
109.23.Qwest DSL
See Applicable Owest Retail
Tariff, Catalog or Price Listless
Discount (which will be provided
pursuant to terms and conditions
. in CLEC's ICA).
See Applicable Owest Retail
Tariff, Catalog or Price Listless
Discount (which will be provided
pursuant to terms and conditions
in CLEC's ICA).
109.23.Qwest AIN Features
109.23.Qwest Voice Messaging Services See Applicable Owest Retail
Tariff, Catalog or Price Listless
Discount
112 Operational Sup ort S stems
112.Develoments and Enhancements, per Local Service Request
112.Ongoing Maintenance, per Local Service Request
No Charge at this
time
No Charge at this
time
112.Daily Usage Records File, per Record No Charge at
this time
Notes
Monthly Recurring credit applies to QPP"" Residential Services as set forth in Service Exhibit 1 to this Agreement.
OPP"" service includes nondiscriminatory access to all vertical switch features that are loaded in Owest's End Office Switch. See the PCAT for all compatible and available
vertical switch features. Only vertical switch features with Non.Recurring, Recurring, or Per Occurrence charges are listed. Non-Recurring charges are applicable whenever a
feature is added. whether on new installation, conversion, or change order activity. Those vertical switch features not listed have a rate of $0 for Monthly Recurring, Non-
Recurring, or Per Occurrence charges.
USOCs have been provided in an effort to ease item description and USOC association with charges. In the event USOCs are inaccurate or are revised, Owest reserves
the right to correct the Rate Sheet.
The Subsequent Order Charge is applicable on a per order basis when changes are requested to existing service, including changing a telephone number, initiating or removing
Suspension or Service, denying or restoring service, adding, removing, or changing features, and other similar requests.
OPp"" ISDN BRI and PBX are "Design . Remaining OPp"" services are "Non-Design
All charges and increments shall be the same as the comparable charges and increments in each state SGAT.
Owest and MCI agree to negotiate a charge in good faith. The Parties agree that the charges are intended to allow Owestto recover its relevant costs and will be an approved charge.
The charge MCI and Owest have agreed upon will be binding to all CLECs.
Where the service has been deemed to be a Telecommunications Service, the Discount will be provided pursuant to CLEC's ICA. Where the service is not a Telecommunications
Service, the discount will be 18%.
Owest Master Services Agreement Owest Platform Plus (QPP) Rate Sheet
Qwest Platform PlusTM (QPPTM) Rate Page - Utah
109.Shared Transport Purchased As Part of QPP1M
109.Mass Market
109.app'"Residential, Business, and PAL (Per MOUI $0.0010390
109.app'"Centrex, ISDN BRI, and PBX Analog Trunks IPer lineltrunk\UGUST $0.
109.Local Switching Purchased As Part of QPP1M
109.11.Mass Market Switch in a
109.11.Ports
109.11.Ports, Effective through December 31, 2004
109.11.Analog Port $3.
109.11.Analoa Port, Residential end user credit $0.
109.11.Diaital Port (Suooortina BRIISDN\$10.49
109.11.1.4 PBX DID Port $2.
109.11.Ports Effective Januarv 1 2005 throuah December 31 2005
109.11.Analog Port $6.26
109.11.1.2.Analog Port, Residential end user credit 1$1.
109.11.Digital Port (Suooortina BRIISDN $13.
109.11.2.4 PBX DID Port $4.
109.11.Ports, Effective January 01, 2006 through December 31, 2006, if incentive
thresholds ARE met
109.11.Analog Port $6.
109.11.Analog Port, Residential end user credit 1$1.521
109.11.Digital Port (Suooorting BRIISDN\$13.
109.11.3.4 PBX DID Port $5.45
109.11.1.4 Ports, Effective January 01, 2006 through December 31, 2006, if incentive
thresholds ARE NOT met
109.11.1.4.Analoo Port $7.
109.11.1.4.Analog Port, Residential end user credit 1$1.
109.11.1.4.3 Digital Port (Suooortino BRIISDN\$14.
109.11.1.4.4 PBX DID Port $5.
109.11.Ports, Effective January 01 2007 through term, if incentive thresholds
ARE met
109.11.Analog Port $7.
109.11.Analog Port, Residential end user credit 1$2.
109.11.Digital Port (Suooortino BRIISDNI $14.
109.11.5.4 PBX DID Port $6.42
109.11.Ports, Effective January 01, 2007 through term, if incentive thresholds
ARE NOT met
109.11.Analog Port $8.43
109.11.AnaloQ Port, Residential end user credit 1$2.47
109.11.Digital Port (Suooortino BRIISDN\$15.
109.11.PBX DID Port $6.
109.11.Local Switch Usage
109.11.app1M Residential Business, and PAL (Per MOUI $0.
109.11.2.2 app""Centrex, ISDN BRI, and PBX Analoo Trunks IPer LinefTrunk)UGUFM $0.
109.11.Switch Features
109.11.Account Codes - oer System AZ8PS $43.
109.11.Attendant Access Line - oer Station Line DZR $0.
109.11.Audible Message Wailing MGN $0.
MWW
109.11.3.4 Authorization Codes - oer SYStem AFYPS $131.
109.11.Automatic Line ETVPB $0.
109.11.Automatic Route Selection - Common Eauioment., oer System F5GPG $1,151.
109.11.Call DroD NA-FID $0.
109.11.Call Exclusion - Automatic NXB $0.
(ISDN)
109.11.Call Exclusion - Manual NA-FID $0.
(lDSN)
109.11.Call Forwarding Busy Line - Incomin~ Only 69B1X $20.
109.11.Call Forwarding Don t Answer Call Forwarding Busy - Customer FSW $0.
Programmable oer Line
109.11.Call Forwarding Don t Answer Incoming On Iv 69A $20.
109.11.Call Forwarding: Busy Line Don t Answer (Expanded)FVJ,$20.
FVJHG
109.11.Call Forwardin!:r Busy Line Don t Answer Programmable Service Establishm SEPFA $8.
109.11.Call Forwarding: Don t Answer 69H, EVD,$2080
EVDHG
109.11.Call Waiting Indication, oer Timing State WUT $0.
109.11.Centrex Common Eauioment HYE, HYS $661.
109.11.CLASS - Call Trace, Der Occurrence NO USOC $1.
109.11.CLASS - Continuous Redial NSS $0.
109.11.3.20 CLASS - Last Call Retum NSa $0.
109.11.CLASS - Priority Callina NSK $0.
109.11.CLASS - Selective Call Forwardina NCE $0.
109.11.CLASS - Selective Call Reiection NSY $0.
109.11.3.24 CMS - Packet Control Caoabilitv, oer System PTGPS $266.
109.11.CMS - SYStem Establishment - Initial Installation MB5XX $533.
awes! Master Services Agreement awes! Platform Plus (app) Rate Sheet
Qwest Platform PlusTM (QPPTM) Rate Page. Utah
109.11.CMS - SYStem Establishment - SubseQuent Installation CPVWO $266.
109.11.Conference Callina - Meet Me MJJPK $23.
109.11.Conference Callina - Preset M09PK $23.
109.11.Direct Station Selected Busv Lamo Field per Arranoement BUD $0.
109.11.Directed Call Pickup with Baroe-6Mb $11.
109.11.Directed Call Pickup without Baroe-69D $11.
109.11.Distinctive Rina Distinctive Call Waitina RNN $22.
109.11.Expensive Route Wamina Tone, per Svstem AQWPS $39.
109.11.Facilitv Restriction Level, per SYStem FRKPS $24.
109.11.Grouo Intercom GCN $0.
109.11.Hot line, per line HLA, HLN $0.
109.11.Huntino: Multiposition Hunt Queuino MH5 $21.
109.11.Huntina: Mulliposition with Announcement in Queue MHW $21.
109.11.Huntina: Mulliposition with Music in Queue MOHPS $22.
109.11.3.40 ISDN Short Hunt NHGPG $0.
109.11.3.41 Loudsoeaker Paaina - per Trunk Group PTQPG $96.
109.11.Make Busy Arrangements,- per Group A9AEX,$0.
P89
109.11.3.43 Make Busv Arranaements, per line MB1 $0.
109.11.3.44 Messaoe Center per Main Station line MFR $0.
109.11.3.45 Messace Waitina Visual MV5 $0.
109.11.3.46 Music On Hold, per Svstem MHHPS $12.
109.11.Privacv Release K7KPK $0.
109.11.3.48 Querv Time QT1PK $0.
109.11.SMDR-P - Archived Data SR7CX $97.
109.11.SMDR~P - Service Establishment Charge. Initial Installation SEPSP $164.
SEPSR
109.11.Station Camo-On Service, per Main Station CPK $0.
109.11.Time of Dav Control for ARS,- per System ATBPS $69.
109.11.Time of Dav NCOS Update A4T $0.
109.11.Time of Dav Routina,- per line ATBPS $0.
109.11.Trunk Verification from Desianated Station BVS $0.
109.11.UCD in Hunt Group, per line MHM,$0.
H6U, NZT
109.11.Other
109.11.1.4.1 Custom Number See Applicable Owes1 Retail
Tariff, Catalog or Price listless
Discount (which will be provided
pursuant to terms and
conditions in CLEC's ICA).
109.11.1.4.3 PBX DID Complex Translations Diaits Outpulsed Chance SiQnalina $14.
109.11.1.4.4 PBX DID Complex Translations Sicnalina Chance $34.
109.11.1.4.PBX DID Block Compromise $26.
109.11.1.4.6 PBX DID Group of 20 Numbers $34.
109.11.1.4.7 PBX DID Reserve SeQuential # Block $25.
109.11.PBX DID Reserve Nonseauential Teleohone Number $24.
109.11.1.4.PBX DID Nonseauential Teleohone Number $36.41
109.11.Subsequent Order Charae NHCUU $3.
109.11.Qwest Corporation (QC) Intra LATA Toll, LPIC 5123 See Applicable Owest Retail
Tariff, Catalog or Price list less
Discount (which will be provided
pursuant to terms and
conditions in CLEC's ICA).
109.Miscellaneous Charaes
109.20.Non-Design
109.20.Trouble Isolation Charge (TIC)L TESX See Maintenance
of Service, Basic,
First Interval
109.20.Network Premises Work Charae - Basic
109.20.First Increment HRH11 See Additional
109.20.Each Additional Increment HRHA1 Labor - Other
109.20.Design
109.20.Maintenance of Service
109.20.Basic
109.20.First Increment MVWXX See Maintenance
109.20.Each Additional Increment MVW1X of Service
109.20.Overtime
109.20.First Increment MVWOX See Maintenance
109.20.Each Additional Increment MVW2X of Service
109.20.Premium
109.20.First Increment MVWPX See Maintenance
109.20.Each Additional Increment MVW3X of Service
109.20.Optional Testinc IAdditionalLabor)
109.20.Basic, First and Each Additional Increment OTNBX See Additional
109.20.2.2.Overtime, First and Each Additional Increment OTNOX Labor - Other
109.20.Premium, First and Each Additional Increment OTNPX
Qwest Master Services Agreement Owest Platform Plus (QPP) Rate Sheet
Qwest Platform Plus TM (QPPTM) Rate Page - Utah
109.20.Disoatch (Additional Disoatch - No trouble found)VT6DC See Additional
109.20.2.4 Disoatch for Maintenance of Service - No Trouble Found VT6DM Dispatch
109.20.Network Premises Work CharQe
109.20.Basic
109.20.First Increment HRH11 See Additional
109.20.Each Additional Increment HRHA 1 Labor - Other
109.20.Overtime
109.20.First Increment HRH12 See Additional
109.20.Each Additional Increment HRHA2 Labor - Other
109.20.2.Premium
109.20.First Increment HRH13 See Additional
109.20.Each Additional Increment HRHA3 Labor - Other
109.20.Desion and Non-Desinn
109.20.Trip Charge - Premises Visit Charge NRTCY See Additional
Dispatch
109.20.Premises Work Charae
109.20.Basic
109.20.3.2.First Increment HRD11 See Additional
109.20.Each Additional Increment HRDA 1 Labor. Other
109.20.3.2.Overtime
109.20.First Increment HRD12 See Additional
109.20.Each Additional Increment HRDA2 Labor - Other
109.20.Premium
109.20.First Increment HRD13 See Additional
109.20.Each Additional Increment HRDA3 Labor - Other
109.20.Date Chanoe $2.
109.20.3.4 Desion Chanoe $35.
109.20.Exnedite Charae
109.20.Cancellation Charae
109.Owest Platform Plus"" (OPP""
109.23.Conversion Nonrecurrina Charges
109.23.OPP"" Business. Centrex, PAL, and PBX Analog non-DID Trunks, Residential
109.23.First Line IMechanized)URCCU $0.
109.23.Each Additional Line (Mechanized)URCCY $0.
109.23.First Line (Manual)URCCV $8.
109.23.1.4 Each Additional Line (Manual)URCCZ $1.49
109.23.OPP"" PBX DID Trunks
109.23.First Trunk URCCD $5.
109.23.Each Additional $0.
109.23.OPP"" ISDN BRI URCCU
109.23.First $4.
109.23.Each Additional $0.
109.23.Installation Nonrecurring Charges
109.23.2.OPP"" Business. Centrex PAL and PBX AnaloD non-DID Trunks. Residential
109.23.First Line (Mechanized)NHCRA $26.
109.23.2.Each Additional LinelMechanized)NHCRC $7.
109.23.Disconnection, First Line (Mechanized)$1.
109.23.1.4 Disconnection, Each Additional Line (Mechanized)$1.
109.23.First Line (Manual)NHCRB $37.
109.23.Each Additional Line (Manual)NHCRD $9.
109.23.Disconnection, First Line (Manual)$7.
109.23.Disconnection, Each Additional Line (Manual)$1.
109.23.OPP"" AnaloD DID PBX Trunks
$163.
109.23.2.OPP"" ISDN-BRI $249.
109.23.Owest AIN Features See Applicable Owest Retail
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to teons and
conditions in CLEC's ICA).
109.23.Owest DSL See Applicable awes! Retail
Tariff, Catalog or Price Listless
Discount (which will be provided
pursuant to teons and
conditions in CLEC's ICA).
109.23.Owest Voice Messaging Services See Applicable awes! Retail
Tariff, Catalog or Price List less
Discount
Owest Master Services Agreement Owest Ptatfoon Plus (OPP) Rate Sheet
Notes
Qwest Platform PIUSTM (QPPTM) Rate Page - Utah
Operational Support S stems
112.Develoments and Enhancements, per Local Service Request No Charge at this
time
No Charge at this
time112.Ongoing Maintenance, per Local Service Request
112.$0.000506
Monthly Recurring credit applies to app'" Residential Services as set forth in Service Exhibit 1 to this Agreement.
app"'" service includes nondiscriminatory access to all vertical switch features that are loaded in awest's End Office Switch. See the PCAT for all compatible and
available vertical switch features. Only vertical switch features with Non-Recurring, Recurring. or Per Occurrence charges are listed. Non-Recurring charges are
applicable whenever a feature is added - whether on new installation, conversion, or change order activity. Those vertical switch features not listed have a rate of $0 for
Monthly Recurring, Non-Recurring, or Per Occurrence charges.
USOCs have been provided in an effort to ease item description and USOC association with charges. In the event USOCs are inaccurate or are revised, awest
reserves
The Subsequent Order Charge is applicable on a per order basis when changes are requested to existing service, including changing a telephone number, initiating or removing
Suspension or Service. denying or restoring service, adding, removing, or changing features. and other similar requests.
app'" ISDN BRI and PBX are "Design . Remaining app'" services are "Non-Design
All charges and increments shall be the same as the comparable charges and increments in each state SGAT.
Owest and MC! agree to negotiate a charge in good faith. The Parties agree that the charges are intended to allow awest to recover its relevant costs and will be an approved
charge. The charge MCI and Owest have agreed upon will be binding to all CLECs.
Where the service has been deemed to be a Telecommunications Service. the Discount will be provided pursuant to CLEC's ICA. Where the service is not a
Telecommunications Service. the discount will be 18%.
awes! Master Services Agreement awest Platform Plus (app) Rate Sheet
Qwest Platform Plus TM (QPPTM) Rate Page. Washington
109.Shared Transport Purchased As Part of Opp11I
109.Mass Market
109.QPP"" Residential and Business (Per MOU)$0.0007600
109.QPP"" Centrex, ISDN BRI, PAL, and PBX Analoo Trunks (Per line/trunk)UGUST $0.
109.Local Switching Purchased As Part of Opp11I
109.11.Mass Market Switching
109.11.Ports
109.11.Ports, Effective through December 31, 2004
109.11.Analoa Port $1.
109.11.Analoa Port, Residential end user credit $0.
109.11.DiGital Port (SuDDortinQ BRIISDN)$8.
109.11.1.4 PBX DID Port $3.
109.11.Ports. Effective Januarv 1. 2005 throuah December 31 2005
109.11.Analoa Port $4.
109.11.Analoo Port, Residential end user credit ($1.14'
109.11.Diaital Port (SuDDortinQ BRI ISDN)$11.
109.11.2.4 PBX DID Port $5.
109.11.Ports, Effective January 01, 2006 through December 31, 2006, if incentive
thresholds ARE met
109.11.Analoa Port $5.
109.11.Analoa Port, Residential end user credit ($2.46)
109.11.Diaital Port (SuDDortina BRIISDN)$13.
109.11.PBX DID Port $7.
109.11.1.4 Ports, Effective January 01, 2006 through December 31, 2006, If incentive
thresholds ARE NOT met
109.11.1.4.Analoo Port $6.
109.11.1.4.Analoo Port, Residential end user credit ($2.
109.11.Diaital Port- (SuDDortina BRIISDN)$13.
109.11.4.4 PBX DID Port $7.
109.11.Ports, Effective January 01 2007 through term, if incentive thresholds ARE
met
109.11.Analoa Port $7.
109.11.Analoa Port, Residential end user credit 1$4.10\
109.11.Diaital Port TSuDDortina BRIISDN)$15.
109.11.5.4 PBX DID Port $9.
109.11.Ports, Effective January 01, 2007 through term, if incentive thresholds ARE
NOT met
109.11.Analoo Port $8.
109.11.Analoa Port, Residential end user credit 1$4.
109.11.Diaital Port ISuDDortina BRIISDN)$15.
109.11.PBX DID Port $10.
109.11.Local Switch UsaGe
109.11.QPP"'"Residential and BusinessCPer MOU)$0.001178
109.11.QPP'"Centrex, ISDN BRI, PAL, and PBX Analoa Trunks IPer LinefTrunk)UGUFM $0.
109.11.Switch Features
109.11.Account Codes, per System AZ8PS $55.
109.11.Attendant Access Line, Der Station Line DZR $0.
109.11.Audible Message Waiting MGN $0.
MWW
109.11.Authorization Codes, Der System AFYPS $165.
109.11.Automatic Line coer station line)ETVPB $0.
109.11.Automatic Route Selection - Common EQuiDment, Der System F5GPG 452.
109.11.Call DroD NA-FID $0.
109.11.Call Exclusion - Automatic NXB $0.
InSDN)
109.11.Call Exclusion - Manual NA-FID $0.46
(lDSN)
109.11.Call Forwardina Busv Line - Incomino On Iv 69B1X $26.
109.11.Call Forwardino Dont Answer - Incomina Only 69A $26.
109.11.Call ForwardinQ Don't Answer / Call Forwardino Busv Customer Proaram - Der Line FSW $0.
109.11.13.Call Forwarding: Busy Line / Dont Answer (Expanded)FVJ,$10.
FVJHG
109.11.Call Waitino Indication. Der timino state WUT $0.
10911.315 Centrex Common Equipment HYE, HYS $834.
109.11.CLASS - Call Trace, per Occurrence NO USOC $1.
109.11.CLASS. Continuous Redial NSS $0.
109.11.CLASS - Last Call Return NSQ $0.
109.11.CLASS - Priority Callino NSK $0.
109.11.CLASS - Selective Call ForwardinG NCE $0.
109.11.3.21 CLASS - Selective Call Rejection NSY $0.
109.11.Direct Station Selection/Bus v LamD Field, D.er Arranaement BUD $0.
109.11.Directed Call PickuD with Baroe-6MD $13.
109.11.Directed Call PickuD without Barae-69D $13.
109.11 1.Distinctive Rina / Distinctive Call Waitina RNN $27.
Owest Master Services Agreement Owest Platform Plus (QPP) Rate Sheet
Qwest Platform PlusTM (QPPTM ) Rate Page - Washington
109.11.Exoensive Route WaminQ Tone, oer SYStem AQWPS $49.
109.11.Facililv Restriction Level, per Svstem FRKPS $30.
109.11.GrouP Intercom GCN $0.
109.11.3.29 Hot Line, per Line HLA, HLN $0.
109.11.Huntina: Mulliposition Hunt Queuina MH5 $26.
109.11.Huntin~j: Multioosition with Announcement in Queue MHW $26.
109.11.HuntinQ: Multioosition with Music in Queue MOHPS $26.
109.11.ISDN Short Hunt NHGPG $1.
109.11.Loudspeaker Paaina, per Trunk GrouP PTQPG $122.
109.11.Make Busy Anongements, per Group A9AEX,$0.
P89
109.11.Make Busv Anonaements, oer Line MB1 $0.46
109.11.MessaQe Center, oer Main Station Line MFR $0.
109.11.Messaae Waitina Visual MV5 $0.
109.11.Music On Hold, per System MHHPS $16.
109.11.Privacv Release K7KPK $0.
109.11.3.41 Querv Time QT1PK $0.
109.11.SMDR-P - Archived Data SR7CX $122.
109.11.SMDR-P - Service Establishment Charge, Initial Installation SEPSP,$228.40
SEPSR
109.11.3.44 Stalion Camo-On Service, per Main Station CPK $0.
109.11.3.45 Time of Dav Control for ARS, per SYStem ATBPS $87.
109.11.3.46 Time of Dav NCOS Update A4T $0.
109.11.3.47 Time of Dav Routina, per Line ATBPS $0.
109.11.3.48 Trunk Verification from Desianated Station BVS $0.
109.11.3.49 UCD in Hunt Group, per Line MHM,$0.46
H6U, NZT
109.11.1.4 Premium Port Features - Additional Charae $2.
109.11.1.4.CMS - System Establishment - Initial Installation $671.
109.11.1.4.CMS - System Establishment - Subseouentlnstallation $335.
109.11.1.4.CMS - Packet Control Capability, per System $335.
109.11.1.4.Conference Callina - Meet Me $29.
109.11.1.4.Conference Callina - Preset $29.
109.11.1.Other
109.11.Custom Number See Applicable Qwest Retail
Tariff, Catalog or Price List
less Discount (which will be
provided pursuant to terms
and conditions in CLEC'
ICA).
109.11.PBX DID Comolex Translations Diaits Outpulsed Chance Sianalina $9.
109.11.5.4 PBX DID Comolex Translations Sianalina Chanae $23.
109.11.PBX DID Block Comoromise $9.
109.11.PBX DID Group of 20 Numbers, Installation $6.
109.11.PBX DID Grouo of 20 Numbers, Disconnection $5.
109.11.PBX DID Reserve Sequential # Block $9.
109.11.PBX DID Reserve Nonsequential Telephone Number $7.
109.11.PBX DID Nonsequential Telephone Number, Installation $7.
109.11.PBX DID Nonseauential Telephone Number, Disconnection $5.
109.11.Subsequent Order Charoe NHCUU $5.48
109.11.Qwest Corporation (QC) IntraLATA Toll, LPIC 5123 See Applicable Qwest Retail
Tariff, Catalog or Price List
less Discount (which will be
provided pursuant to terms
and conditions in CLEC'
109.Miscellaneous Charges
109.20.Non-Desian
109.20.Trouble Isolation Charge (TIC)MCE See
Maintenance
of Service,
109.20.Deslon
109.20.Maintenance of Service
109.20.Basic
109.20.Firstlncremenl MVWXX See
109.20.Each Additional Increment MVW1X Maintenance
109.20.Overtime
109.20.First Increment MVWOX See
109.20.Each Additional Increment MVW2X Maintenance
109.20.Premium
109.20.First Increment MVWPX See
109.20.Each Additional Increment MVW3X Maintenance
109.20.Optional Testina (Additional Labor)
109.20.Basic, Firsl and Each Additional Increment OTNBX See
109.20.2.2.Overtime, First and Each Additional Increment OTNOX Additional
109.20.Premium, First and Each Additional Increment OTNPX Labor - Other
Qwest Master Services Agreement Qwest Platform Plus (QPP) Rate Sheet
Qwest Platform Plus TM (QPPTM) Rate Page - Washington
109.20.DisDatch (Additional DisDatch - No trouble found\VT6DC See
109.20.2.4 Dispatch for Maintenance of Service - No Trouble Found VT6DM Additional
109.20.Design and Non-Desian
109.20.Trip Charge - Premises Visit Charge SCO See
Additional
109.20.Premises Work Charae
109.20.Basic
109.20.First Increment HRD11 See
109.20.Each Additionallncremenl HRDA 1 Additional
109.20.Overtime
109.20.First Increment HRD12 See
109.20.Each Additional Increment HRDA2 Additional
109.20.Premium
109.20.First Increment HRD13 See
109.20.Each Additional Increment HRDA3 Additional
109.20.Date Chance $6.4
109.20.3.4 Desion Chance $50.4
109.20.Expedite Charoe
109.20.Cancellation Charoe
109.Qwest Platform Plus1ll (QPP1II)
109.23.Conversion Nonrecurring CharGes
109.23.QPp1II Business Centrex PAL and PBX Analoa non-DID Trunks Residential
109.23.First Line (Mechanized)URCCU $0.
109.23.Each Additional Line (Mechanized\URCCY $0.
109.23.First Line (Manual)URCCV $5.42
109.23.Each Additional Line (Manual)URCCZ $2.
109.23.QPp1II PBX DID Trunks
109.23.First Trunk URCCD $5.
109.23.Each Additional $2.
109.23.QPp1II ISDN BRI URCCU
109.23.First $5.
109.23.Each Additional $2.
109.23.Installation Nonrecurrina CharGes
109.23.QPp1II Business Centrex. PAL, and PBX Analog non-DID Trunks, Residential
109.23.First Line (Mechanized\NHCRA $39.
109.23.Each Additional Line (Mechanized)$11.
109.23.Disconnection, First Line (Mechanized)$1.
109.23.1.4 Disconnection, Each Additional LinelMechanized\$1.44
109.23.First Line (Manual\$49.
109.23.Each Additional Line (Manual)$13.
109.23.Disconnection, First Line (Manual)$9.
109.23.Disconnection, Each Additional Line (Manual)NHCRC $1.
109.23.QPp11II Analoa DID PBX Trunks $175.
109.23.QPp11II ISDN-BRI
109.23.First $140.
109.23..Disconnect $44.
109.23.Qwest AIN Features See Appl!cable Owest Retail
Tariff, Catalog or Price List
less Discount (which will be
provided pursuant to terms
and conditions in CLEC'
109.23.Owest DSL See Applicable Owest Retail
Tariff. Catalog or Price List
less Discount (which will be
provided pursuant to terms
and conditions in CLEC'
109.23.Owest Voice Messaging Services See Applicable Owest Retail
Tariff, Catalog or Price List
less Discount
112 Operational Support Systems
112.Develoments and Enhancements, per Local Service Reouest $3.
112.OnQoing Maintenance, per Local Service ReQuest $3.
112.Daily Usaae Records File, per Record $0.0011
Notes
Monthly Recurring credit applies to OPP"'" Residential Services as set forth in Service Exhibit 1 to this Agreement.
OPP"'" service includes nondiscriminatory access to all vertical switch features that are loaded in Owest's End Office Switch. See the PCA T for all compatible and
available vertical switch features. Only vertical switch features with Non-Recurring, Recurring, or Per Occurrence charges are listed. Non-Recurring charges are
applicable whenever a feature is added - whether on new installation, conversion. or change order activity. Those vertical switch features not listed have a rote of $0 for
Owest Master Services Agreement Owesl Platform Plus (OPP) Rate Sheet
Qwest Platform PlusTM (QPPTM ) Rate Page. Washington
Monthly Recurring. Non-Recurring, or Per Occurrence charges.
USOCs have been provided in an effort to ease item description and USOC association with charges. In the event USOCs are inaccurnte or are revised, Qwest reserves
the right to correct the Rate Sheet.
The Subsequent Order Charge is applicable on a per order basis when changes are requested to existing service, including changing a telephone number, initiating or removing
Suspension or Service. denying or restoring service, adding, removing, or changing features, and other similar requests.
QPPTM ISDN BRI and PBX are "Design . Remaining QPP"" services are "Non-Design
All charges and increments shall be the same as the comparnble charges and increments in each state SGAT.
Qwest and MCI agree to negotiate a charge in good faith. The Parties agree that the charges are intended to allow Qwest to recover its relevant costs and will be an approved
charge. The charge MCI and Qwest have agreed upon will be binding to all CLECs.
Where the service has been deemed to be a Telecommunications Service, the Discount will be provided pursuant to CLEC's ICA. Where the service is not a Telecommunications
Service. the discount will be 18%.
Qwest Master Services Agreement Owest Platform Plus (QPP) Rate Sheet
Qwest Platform Plus TM (QPPTM ) Rate Page - Port Rate Increases
The price of the port will be increased by the amounts indicated effective on the dates set forth below.
QPPTM Residential Port
Rate Increases If Incentive
Thresholds Are Met:
01/01/05 01/01/06 01/01/07
$1.$1.$2.
$2.$2.$3.
$1.$1.42 $1.
$1.$1.42 $1.
$2.$2.$3.
$1.$1.42 $1.
$1.$1.42 $1.
$1.$1.$2.
$1.$1.42 $1.
$1.$1.42 $1.
$1.$1.42 $1.
$1.$1.$2.
$1.$1.$2.
$1.$1.42 $1.
QPPTM Business Port Rate
Increases If Incentive
Thresholds Are Met:
01/01/05 01/01/06 01/01/07
$2.$4.$6.
$2.$4.$6.
$2.$3.41 $4.
$2.$3.$5.
$2.$4.$6.
$2.$3.41 $4.
$2.$4.$6.26
$2.$3.$3.
$2.$4.$6.26
$2.$3.$3.
$2.$4.$6.
$2.$3.41 $4.
$2.$4.$6.
$1.$1.$1.
QPPTM Residential Port
Rate Increases If Incentive
Thresholds are NOT met:
01/01/05 01/01/06 01/01/07
$1.$2.$2.40
$2.$3.$3.
$1.$1.$1.
$1.$1.$1.
$2.$3.$3.
$1.$1.$1.
$1.$1.$1.
$1.$2.$2.40
$1.$1.$1.
$1.$1.$1.
$1.$1.$1.
$1.$2.$2.40
$1.$2.$2.40
$1.$1.$1.
QPPTM Business Port Rate
Increases If Incentive
Thresholds Are NOT Met:
01/01/05 01/01/06 01/01/07
$2.$4.$6.
$2.$4.$6.
$2.$3.$4.
$2.$4.$5.
$2.$4.$6.
$2.$3.$4.
$2.$4.$6.
$2.$3.44 $4.
$2.$4.$6.
$2.$3.44 $4.
$2.$4.$6.
$2.$3.$4.
$2.$4.$6.
$1.$1.$2.
Qwest Master Services Agreement Qwest Platform Plus (QPP) Rate Sheet
AMENDMENT TO INTERCONNECTION AGREEMENT
FOR ELIMINATION OF UNE-P AND
IMPLEMENTATION OF BATCH HOT CUT PROCESS AND DISCOUNTS
between
Qwest Corporation and Eschelon Telecom, Inc.
for the State of Idaho
This Agreement is entered into by and between Qwest Corporation ("Qwest"), a Colorado
corporation , and Eschelon Telecom, Inc. ("CLEC"), a Delaware corporation effective as of the
Effective Date, defined below. Qwest and CLEC shall be known jointly as the "Parties
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement for services in the state
Idaho (the "ICA"), which was approved by the Idaho Public Utilities Commission ("Commission
on November 20 2000, as referenced in Case No. QWE-00-13, Order No. 28570; and
WHEREAS , the Parties may during the Term of this Amendment enter into new Interconnection
Agreement(s) and/or amend existing Interconnection Agreement(s);
WHEREAS CLEC previously purchased on an unbundled basis from Qwest certain
combinations of network elements, ancillary functions, and additional features, including without
limitation the local Loop, port, switching, and shared transport combination commonly known as
Unbundled Network Element Platform ("UNE-
WHEREAS such UNE-P arrangements were previously obtained by CLEC under the terms and
conditions of certain Interconnection Agreements including without limitation in certain states
Qwest's Statement of Generally Available Terms;
WHEREAS both CLEC and Qwest acknowledge certain regulatory uncertainty in light of the DC
Circuit Court's decision in United States Telecom Association v. FCC, 359 F.3d 554 (March 2
2004), with respect to the future existence, scope, and nature of Qwest's obligation to provide
such UNE-P arrangements under the Communications Act (the "Act"
WHEREAS to address such uncertainty and to create a stable arrangement for the continued
availability to CLEC from Qwest of services technically and functionally equivalent to the June
, 2004 UNE-P arrangements the parties have contemporaneously entered into a Master
Service Agreement for the provision of Qwest Platform Plus TM service (the "QPPTM MSA"); and
WHEREAS, the Parties have agreed to the following terms and conditions which during the
Term of this Amendment are intended to supplement in part and supercede in part the terms
and conditions of their existing Interconnection Agreement and any new Interconnection
Agreements they may enter into.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained
in this Amendment and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged , the Parties agree as follows:
January 27, 2005/Eschelon/ID
Amendment to CDS-OOO815-0038
UNE-P Elimination/Batch Hot Cut Amd
Section 1.0 - Definitions
Batch Hot Cut" refers to a hot cut performed pursuant to the Batch Hot Gut Process described
in Attachment A.
Individual Hot Cut" refers to a hot cut that is not performed pursuant to a batch process.
UNE-P" means Unbundled Network Element - Platform. For purposes of this Agreement
UNE-P includes the product purchased by Eschelon under its Interconnection Agreement which
is sometimes referred to as "UNE-E" (Unbundled Network Element - Eschelon).
Section 2.0 - General Terms and Conditions
Effective Date . This Amendment shall become effective upon the latest execution date
by the Parties ("Effective Date
Term. The term of this Amendment shall begin on the Effective Date and shall remain in
effect through July 31 , 2008. At any time within 6 months prior to expiration of the Amendment
either Party may provide notice of renegotiation. Upon mutual agreement, the term of the
Amendment may be extended upon the same terms and conditions for no more than one (1) six
month extension period. If the OPP MSA is terminated (for reasons other than material breach)
by GLEC with respect to a particular state, this Amendment shall, by its own terms and
notwithstanding any requirement that subsequent modifications or amendments be in writing
signed by both Parties, automatically be terminated in that state, and GLEC shall be free
thereafter to pursue any available means to purchase UNE-P or equivalent services from
Owest.
Scope of Amendment.The provisions of this Amendment are intended to amend and
supercede those provisions of GLEC'existing and all future Interconnection or other
Agreements only as they relate to the offering of Unbundled mass market Switching or
Unbundled enterprise Switching and Unbundled Shared Transport in combination with other
network elements as part of the Unbundled Network Element Platform, and Batch Hot Cuts, as
defined below (collectively, the "Services ). The Services and related terms and conditions
described in this Agreement are applicable only in Owest's incumbent LEG service territory in
the states of Arizona, Colorado, Idaho, Iowa , Minnesota, Montana, Nebraska, New Mexico
North Dakota, Oregon, South Dakota , Utah , Washington and Wyoming.
2.4 Existinq Rules The provisions in this Amendment are intended to be in compliance with
and based on the existing state of the law, rules, regulations and interpretations thereof
including but not limited to Federal rules, regulations and laws, as of June 17 2004 (the
Existing Rules ). Nothing in this Agreement shall be deemed an admission by Owest or CLEC
concerning the interpretation or effect of the Existing Rules or an admission by Owest or CLEC
that the Existing Rules should not be changed, vacated , dismissed, stayed or modified. Nothing
in this Amendment shall preclude or estop Owest or CLEC from taking any position in any forum
concerning the proper interpretation or effect of the Existing Rules or concerning whether the
Existing Rules should be changed , vacated, dismissed , stayed or modified.
January 27, 2005/Eschelon/ID
Amendment to CDS-OOO815-0038
UNE-P Elimination/Batch Hot Cut Amd
Chanqe of Law If a change in law, rule, or regulation materially impairs a party s ability
to perform or obtain a benefit under this Amendment, both parties agree to negotiate in good
faith such changes as may be necessary to address such material impairment.
fuillulatorv Approval.In the event the FCC, a state commission or any other
governmental authority or agency rejects or modifies any material provision in this Amendment
either party may immediately upon written notice to the other Party terminate this Amendment
and the QPP MSA.
Entire Aqreement.Other than the publicly filed Agreement and its Amendments , the
QPP MSA and its amendments, addendums, and exhibits, Qwest and Eschelon have no
agreement or understanding, written or oral, relating to the terms and conditions of the subjects
of this Amendment.
Section 3.0 - Batch Hot Cut Terms and Conditions
Individual Hot Cuts. All hot cuts, except for those hot cuts performed pursuant to a batch
process, wiII be provided by Qwest to CLEC at the rates, terms and conditions set forth in
CLEC's Interconnection Agreement.
Batch Hot Cut Process . Upon deployment of the Batch Hot Cut Status Tool and
amendment of Appointment Scheduler to accommodate Batch Hot Cut orders, Qwest shall
provide Batch Hot Cuts to CLEC upon the rates, terms and conditions set forth in this
Agreement. The Parties agree to follow the Batch Hot Cut Process described in Attachment A.
CLEC agrees to use commercially reasonable efforts to use the Batch Hot Cut Process under
this Agreement even in states in which the Individual Hot Cut rate is lower than the Batch Hot
Cut Rate.
Batch Hot Cut Rates: The base Batch Hot Cut price is $27.50 per line unless the
incentive thresholds below are met. If the number of CLEC'QPPTM lines as of October 31
2005 equals or exceeds 900/0 of the sum of CLEC's QPPTM and UNE-P lines as of October, 31
2004, the Batch Hot Cut rate for CLEC wiII be reduced to $23 per line for Batch Hot Cuts
performed during the time period from January 1 , 2006 through December 31 , 2006. If the
number of CLEC'QPPTM lines as of October 31 , 2006 equals or exceeds 900/0 of the sum of
CLEC's QPPTM and UNE-P lines as of October, 31, 2005 , the Batch Hot Cut rate for CLEC will
be reduced to $18.50 per line for Batch Hot Cuts performed during the time period from January
, 2007 through end of the term of this Amendment. For purposes of this section, the number of
QPPTM lines and the sum of QPPTM and UNE-P lines shall be calculated on a regionwide basis
that includes all states in which this Amendment is in effect.
3.4 Batch Hot Cut Rate Adjustment:If after the Effective Date, for a state in which the
Individual Hot Cut rate is higher than the Batch Hot Cut Rates under this Amendment (inclusive
of the discounts set forth in Section 3.3) as of the Effective Date, the rate for Individual Hot Cuts
in such state is subsequently lowered below the Batch Hot Cut Rates contained in this
Amendment (inclusive of the discounts set forth in Section 3.3), then the Batch Hot Cut rates
under this Amendment (including the discounted rates set forth in Section 3.3) that are higher
than the newly-lowered state rate for Individual Hot Cuts will be automatically adjusted
downward prospectively (with such new rates being implemented for CLEC region-wide for all
fourteen states) by an amount equal to the difference in the newly-lowered state Individual Hot
Cut rate and each higher Batch Hot Cut Rate under this Amendment multiplied by the
January 27, 2005/Eschelon/ID
Amendment to CDS-OOO815-0038
UNE-P Elimination/Batch Hot Cut Amd
percentage of Qwest local service lines in that state compared to the total number of Qwest in-
region local service lines.
Example 1: The individual hot cut rate in Arizona is lowered from the current TELRIC
rate to $30.00 per line. Because $30.00 is higher than the Batch Hot Cut Rates under
this Amendment, there would be no adjustment.
Example 2: The individual hot cut rate in Montana is lowered on January 1 , 2006 from
the current TELRIC rate to $20.00 per line. The $27.50 and $23.00 Batch Hot Cut Rates
(but not the $18.50 rate) shall be reduced effective January 1 , 2006 as follows.
New lowered Batch Hot Cut Rate = $27.50 - (($27.50 - $20.00) x (Number of
Qwest local service lines in Montana / Total number of Qwest local service lines
in Qwest's fourteen state territory))
New lowered Batch Hot Cut Rate = $23.00 - (($23.00 - $20.00) x (Number of
Qwest local service lines in Montana / Total number of Qwest local service lines
in Qwest's fourteen state territory))
Batch Hot Cut Tools Qwest is in the process of developing a Batch Hot Cut Scheduling
Tool and a Batch Hot Cut Status Tool. CLEC understands that these Tools will not be available
untillMA 16.0 is released and CLEC will not be able to submit requests for Batch Hot Cuts until
IMA 16.0 is released. Qwest shall use best reasonable commercial efforts to release IMA 16.
by December 31 , 2004. The Batch Hot Cut Scheduling Tool will be enhanced in a future IMA
release if and to the extent the enhancement is supported by the CLEC community. If
approved, the enhancement will include the ability to reserve due dates for IDLC in cumulative
batches of no more than 40 IDLC Loops per state per day. Qwest and CLEC agree to support
as a high priority the enhancement for IDLC inclusion in the Batch Hot Cut Scheduling Tool and
will work this through the systems prioritizations procedures in the Qwest Wholesale Change
Management Process. Qwest and CLEC will rank this enhancement change request within the
top twenty-five percent (250/0) of all change requests to be prioritized through the Qwest
Wholesale Change Management Process when this change request is prioritized. The Parties
agree to the following service assurance approach for these Tools:
Batch Hot Cut Schedulinq Tool Availability To the extent that there is a systems
failure that exceeds forty-eight (48) hours and creates an inability to request a Batch Hot
Cut, Qwest will work in good faith with CLEC to develop a negotiated settlement with
respect to the cost difference between the Qwest QPPTM monthly recurring charge
(MRC) and the Unbundled Loop MRC times the number of days that CLEC was unable
to order a Batch Hot Cut. Settlement discussions would be initiated upon the written
request of CLEC.
Batch Hot Cut Status Tool System Refresh Timeliness . After the deployment of
the Batch Hot Cut Status Tool, Qwest and CLEC will work cooperatively to review the
system logic and processes in an effort to determine an appropriate measurement
approach. The parties agree to take the least-cost approach to capture this performance
experience.
6 The Batch Hot Cut pricing provisions in this Amendment are subject to the following
cond itions:
January 27, 2005/Eschelon/ID
Amendment to CDS-OOO815-0038
UNE-P Elimination/Batch Hot Cut Amd
A. Integrated Digital Loop Carrier ("IDLC") is not a part of the standard Batch Hot Cut
process. However, the pricing for Batch Hot Cuts will apply to IDLC Loops. IDLC Loops will be
batched together in quantities of no more than 40 IDLC Loops per state, per day.
B. Line Splitting to Loop Splitting conversions can be included the Batch Hot Cut
process at the same pricing for Batch Hot Cuts stated above. For purposes of this Section , a
Line Splitting to Loop Splitting conversion means a conversion from Owest as the switch
provider to a CLEC switch provider where the data or DLEC provider and the Loop remain the
same.
C. Batch Hot Cut limits are in effect as established in the Batch Hot Cut Process
described in Attachment A.
Section 4.0 - Removal of UNE-, Enterprise and Mass Market Switching and Shared
Transport from Interconnection Agreement(s)
Agreement Not to Order.During the term of this Agreement Owest shall not offer or
provide to CLEC, and CLEC shall not order or purchase from Owest, unbundled mass market
switching, unbundled enterprise switching or unbundled shared transport, in combination with
other network elements as part of UNE-P out of its existing Interconnection Agreement(s) with
Owest, a Owest SGAT or any other Interconnection Agreement governed by 47 U.C. 99251
and 252 that CLEC or one of its affiliates may in the future enter into with Owest and CLEC
waives any right under applicable law in connection therewith. Notwithstanding the foregoing,
nothing in this Section shall prevent Owest from offering or providing OppTM services to CLEC
or CLEC from ordering or purchasing OppTM services from Owest. The agreement not to order
UNE-P services embodied in this Section shall remain in effect for the Term of this Amendment
and for the avoidance of doubt, shall no longer be binding on CLEC or otherwise enforceable in
a particular state if the OPP MSA is terminated as to that state (other than for reason of material
breach by CLEC).
Section 5.Other Terms and Conditions of Interconnection Agreements
Other Interconnection Terms. This Amendment is not intended to alter, adjust or extend
existing interconnection arrangements between Owest and CLEC except as expressly set forth
herein and all such other interconnection arrangements and related terms and conditions shall
remain in full force and effect.
CLEC may use Owest's Directory Assistance Services or operator services and may
arrange to provide access to its own, or to a third party , directory assistance or operator
services platform. Owest Branded Operator Services ' and Directory Assistance may be
purchased by CLEC pursuant to the terms of the applicable ICA SGAT, or tariff. CLEC
Branded Operator Services and Directory Assistance will also be available from Owest using
Originating Line Number Screening ("OLNS"
).
Owest will provide CLEC nondiscriminatory
access to Owest's Directory Assistance Listings.
Line splitting will be available for Loops provided pursuant to the ICA, such that CLEC
may provide DSL service using the high-frequency portion of such a Loop and a GLEe-provided
splitter, or CLEC may contract with a third-party CLEC to provide such DSL service to an CLEC
End User Customer over the high frequency portion of the Loop. The Loop pre-qualification
ordering, provisioning, repair, maintenance and other support functions and services to support
CLECs use of line splitting in connection with Loops shall be provided as set forth in the ICA.
January 27, 2005/EschelonllD
Amendment to CDS-OOO815-0038
UNE-P Elimination/Batch Hot Cut Amd
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.
Eschelon Telecom, Inc.Qwest Corporation
Signature Signature
Richard A. Smith
Name PrintedfTyped
L. T. Christensen
Name PrintedfTyped
Date
\/Al /eJ~
Director ~ Interconnection Aareements
Title
J~~~
CEO/President
Title
Date
January 27, 2005/Eschelon/lD
Amendment to CDS-OOO815-0038
UNE-P Elimination/Batch Hot Cut Amd
Attachment A
Attachment A: Batch Hot Cut Process
The Batch Hot Cut (BHC) installation option permits CLEC to migrate existing defined analog
services to a two or four (2/4) wire analog Unbundled Loop in those instances where existing
facilities currently serving the end-user customer can be reused without requiring a field
technician dispatch. Except as defined below, existing analog services provisioned over
Integrated Digital Loop Carrier (IDLC) or originating out of a Remote Switching Unit (RSU) and
terminating on an exchange (EX) cable are not eligible for the BHC because the dispatch of a
field technician would be required. In addition, the coordination provisioning options for
Unbundled Loops are not available when using the BHC process.
A. The BHC process is available to migrate to unbundled Loops from the following
services whether they be in Owest retail, Owest resale, Owest UNE-P, or Owest
Platform PlusTM (OPPTM ) formats: Residential POTS, Business POTS, Centrex 21,
Centrex Plus/Centron, Analog DID , and public access lines.
1. The BHC process is also available to convert a line split Loop as
defined in Section 9.21 of Owest's SGAT using one of the
aforementioned types of UNE-P or OppTM lines to a Loop splitting
arrangement. This option will be made available upon the development
of systems upgrade to accommodate such a request. Owest will use
best reasonable commercial efforts to deploy this capability by
December 31 2004 coincident with IMA release 16.
2. A modified BHC process can be used to transition Loops currently
provisioned over IDLC. In that circumstance, the IDLC batch must be
made up exclusively of lines currently provisioned over IDLC, and
identified and designated as such by CLEC using one of Owest's Loop
qualification tools. In those circumstances, the IDLC batch will consist
of no more than 40 Loops per state per day. Owest's scheduling tool
will be enhanced in a future IMA release if and to the extent the
enhancement is supported by the CLEC community. If approved, the
enhancement will include the ability to reserve due dates for IDLC in
cumulative batches of no more than 40 IDLC Loops per state per day.
Owest and CLEC agree to support as a high priority the enhancement
for IDLC inclusion in the scheduling tool and will work this through the
systems prioritizations procedures in the Owest Wholesale Change
Management Process. Owest and CLEC will rank this enhancement
change request within the top twenty-five percent (250/0) of all change
requests to be prioritized through the Owest Wholesale Change
Management Process when this change request is prioritized.
B. Except as set forth above for IDLC batches, the BHC must be for a minimum of
twenty-five (25) Unbundled Loops per CLEC per Central Office and a maximum of one
hundred (100) Unbundled Loops among all CLECs per Central Office, per day. There is
also a fourteen (14) state region-wide maximum for all CLECs of two thousand five
hundred (2 500) Loops per day for all of Owest's Central Offices.
C. The BHC option is available during standard unbundled Loop business days
which are defined in the Provisioning and Installation Procedural PCA T. The Due Date
for the BHC process is set by a standard seven (7) business day installation interval.
January 27, 2005/EschelonllD
Amendment to CDS-OOO815-0038
UNE-P Elimination/Batch Hot Cut Amd
Attachment A
Owest will complete provisioning of the Loops associated with a particular batch
between 3:00 a.m. and 11 :00 a.m. local time on the Due Date.
D. Before CLEC submits any orders for unbundled Loops using the BHC process
CLEC and Owest agree to schedule a meeting in order to create a CLEC specific
migration plan, if such plan is required. The migration plan shall include CO by
prioritization, volumes by CO, overall timeframe of migration to be agreed upon between
CLEC and Owest. The jointly developed CLEC migration plan will be assigned a priority
based upon its creation date, in the event multiple CLECs contend for batch hot cuts in
similar geographies and exceed volume thresholds as defined in Section B above. Upon
mutual agreement, the priority assigned to all or part of the jointly developed CLEC
migration plan may change. In this event, Owest will coordinate with all parties to create
an overall migration plan that considers everyone s priorities and expectations.
1. If CLEC and Owest are unable to reach a consensus on the migration
plan, any affected party shall have the right to appeal the migration plan to the
State Commission, and to seek expedited relief.
2. Once the migration plan is completed, the migration date for CLEC'
requests included in the BHC is established by CLEC through the use of the
appointment scheduling tool. All requests submitted in the appointment
scheduling tool will be processed on a first come, first served basis until the
Central Office maximum volume of one hundred (100) Unbundled Loop
migrations per day is reached or the two thousand five hundred (2 500) region-
wide per day maximum BHC volume is reached. However, if CLEC is found to
have submitted orders that materially alter the agreed upon migration plan , and
such order submission precludes another CLEC from submitting orders set forth
in its migration plan, CLEC's requests can be limited within the scheduling tool in
order to allow space for other CLEC orders.a. Requests beyond the Central Office or the region-wide maximum
volume will be scheduled for the next available Due Date.b. If CLEC is unable to reach the minimum volume of twenty-five (25)
Unbundled Loop migrations required for a BHC per Central Office, CLEC
may reschedule its BHC request to a Due Date when the minimum
volume can be met (subject to the migration plans of other CLECs). If
CLEC is unable to meet the minimum volume requirement, CLEC may
select an alternate Due Date utilizing any of the other six (6) installation
options for each individual request.3. CLEC shall request BHC installation by designating a "B" on its LSR in
the CHC field.
The Provisioning interval for the BHC is seven (7) business days.a. CLEC agrees to have dial tone present on its CFA by 12:00 a.
(midnight) local time on the first business day following order submittal.b. Owest will complete pre-wire of the lines included in the batch
(other than IDLC batches) on either the second or third business day of
January 27, 2005/Eschelon/lD
Amendment to CDS-OOO815-0038
UNE-P Elimination/Batch Hot Cut Amd
Attachment A
the Provisioning interval unless Owest finds no dial tone or if the dial tone
is defective (e., reversal or wired to the wrong CLEC office equipment)
on the pre-wire date. During this time frame if a jeopardy exists, Owest
will notify CLEC of the jeopardy via the BHC Status Tool. During this time
frame if a jeopardy exists, CLEC will commit to correct the no dial tone
condition and have dial tone available to Owest by 3:00 a.m. local time on
the order Due Date. If CFA changes are required , CLEC will submit a
supplement to the LSR by 12:00 p.m. (noon) local time on the fourth
business day of the standard interval. If CLEC dial tone is not available
or is defective on the Due Date, Owest will place CLEC's order
jeopardy status and require CLEC to supplement the LSR to establish a
new Due Date using either a new batch or using a different installation
option.1. If the jeopardy causes the number of lines in the batch to
drop below twenty (20) lines, Owest reserves the right to reject the entire
batch and to place all lines associated with the BHC order into jeopardy
status.2. All related lines to the order placed into jeopardy (e.
related lines in a business or in a hunt group) shall also be placed into
jeopardy status.c. On both the pre-wire date (as noted above) as well as the lift and
lay date (the Due Date), Owest will test for CLEC dial tone and ANI the
line to ensure that CLEC'dial tone is working properly. On the Due
Date, if the correct telephone number is working on CLEC's facilities
Owest will monitor the line and perform the lift and lay. The lift and lay
removes CLEC's End User Customer line from the Owest End Office
Switch and migrates the End User Customer line to CLEC's Switch.
Once CLEC has received notification via the BHC status tool, that a line
has been migrated, CLEC will have two (2) hours to request that the
Unbundled Loop be restored back to its original state. The restoration
shall begin immediately upon request by CLEC. No response from CLEC
indicates acceptance of the order completion , and Owest will proceed to
disconnect the original service. If CLEC requests removal from the batch
CLEC must issue a new or supplemental LSR to reinitiate the
provisioning process for the line(s) in question.d. Owest will provision the lines in the batch in the order that makes
the most economic sense for Owest. CLEC will not be able to dictate the
order in which the lines will be provisioned, except that multiple lines for a
single customer in a single location (including hunt groups) ordered on
the same LSR will be provisioned together.
E. The Batch Status Tool will provide CLEC with the current status of its BHC
requests for any given central office on an individualline-by-line basis. The Batch Status
Tool will return a display that will list status changes on BHC orders occurring for that
day. The display will provide the affected telephone numbers, order numbers, related
order numbers, CFA, and PON number associated with the BHC requested.
Subsequent changes to the status of any order will be noted in the Batch Status Tool.
January 27 , 2005/Eschelon/ID
Amendment to CDS-OOO815-0038
UNE-P Elimination/Batch Hot Cut Amd
Attachment A
The Batch Status Tool will provide, on the day of the cut, the start time and the
completion time on a line-by-line basis. If CLEC is interested in capturing the exact
moment the conversion work is completed, CLEC's current switch should have the
capability to capture ("trap ) the conversion and issue and request to have the
subscription submitted for number porting.
1. Currently, Qwest's BHC Status Tool and amendments to Appointment
Scheduler to account for the BHC process are scheduled for deployment on
October 18, 2004. Such tools will not be available before that date. The BHC
process will not be available as a provisioning option until these tools are
deployed.2. If there is a delay in deployment of these tools, CLEC will be notified
using the existing Change Management processes.3. Once deployed , CLEC must use the Batch Status Tool and Appointment
Scheduler to utilize the BHC process.4. The Batch Hot Cut process defined here will not be in effect until the
Batch Status Tool and Appointment Scheduler are developed, tested, and
deployed.5. The IDLC modified batch process will be excluded from the batch
scheduling tool until the time when systems modifications and enhancements, in
a future IMA release , are in place. However, IDLC conversions will be handled
on an exception basis using the manual methods until the time when these
modifications and enhancements are in place.
January 27, 2005/EschelonllD
Amendment to CDS-OOO815-0038
UNE-P Elimination/Batch Hot Cut Amd
AMENDMENT TO INTERCONNECTION AGREEMENT
FOR ELIMINATION OF UNE-P AND
IMPLEMENTATION OF BATCH HOT CUT PROCESS AND DISCOUNTS
between
Qwest Corporation and Advanced Telcom, Inc.
for the State of Idaho
This Agreement is entered into by and between Owest Corporation ("Owest"), a Coloradocorporation, and Advanced Telcom Inc. ("CLEC"), a Delaware corporation effective as of the
Effective Date, defined below. Owest and CLEC shall be known jointly as the "Parties
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement for services in the state of
Idaho (the "ICA"), which was approved by the Idaho Public Utilities Commission ("Commission
on January 25, 1999, as referenced Docket No. USW-98-22; and
WHEREAS, the Parties may during the Term of this Amendment enter into new Interconnection
Agreement(s) and/or amend existing Interconnection Agreement(s);
WHEREAS, CLEC previously purchased on an unbundled basis from Owest certaincombinations of network elements, ancillary functions, and additional features, including without
limitation the local Loop, port, switching, and shared transport combination commonly known as
Unbundled Network Element Platform ("UNE-
WHEREAS such UNE-P arrangements were previously obtained by CLEC under the terms and
conditions of certain Interconnection Agreements including without limitation in certain states
Owest's Statement of Generally Available Terms;
WHEREAS both CLEC and Owest acknowledge certain regulatory uncertainty in light of the DC
Circuit Court's decision in United States Telecom Association v. FCC , 359 F.3d 554 (March 2.2004), with respect to the future existence, scope, and nature of Owest's obligation to providesuch UNE-P arrangements under the Communications Act (the "Act");
WHEREAS to address such uncertainty and to create a stable arrangement for the continuedavailability to CLEC from Owest of services technically and functionally equivalent to the June
2004 UNE-P arrangements the parties have contemporaneously entered into a Master
Service Agreement for the provision of Owest Platform Plus TM service (the "OppTM MSA"); and
WHEREAS, the Parties have agreed to the following terms and conditions which during theTerm of this Amendment are intended to supplement in part and supercede in part the termsand conditions of their existing Interconnection Agreement and any new InterconnectionAgreements they may enter into.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions containedin this Amendment and other good and valuable consideration , the receipt and sufficiency ofwhich is hereby acknowledged , the Parties agree as follows:
January 27, 2005/ATI/ID
Amendment to CDS-9811 02-0057
UNE-P Elimination/Batch Hot Cut Amd
Section 1.0 - Definitions
Batch Hot Cut" refers to a hot cut performed pursuant to the Batch Hot Cut Process described
in Attachment A.
Individual Hot Cut" refers to a hot cut that is not performed pursuant to a batch process.
UNE-P" means Unbundled Network Element - Platform. For purposes of this Agreement
UNE-P includes the product purchased by Eschelon under its Interconnection Agreement which
is sometimes referred to as "UNE-E" (Unbundled Network Element - Eschelon).
Section 2.0 - General Terms and Conditions
Effective Date. This Amendment shall become effective upon the latest execution date
by the Parties ("Effective Date
Term . The term of this Amendment shall begin on the Effective Date and shall remain in
effect through July 31 2008. At any time within 6 months prior to expiration of the Amendment
either Party may provide notice of renegotiation. Upon mutual agreement, the term of the
Amendment may be extended upon the same terms and conditions for no more than one (1) six
month extension period. If the OPP MSA is terminated (for reasons other than material breach)by CLEC with respect to a particular state, this Amendment shall , by its own terms andnotwithstanding any requirement that subsequent modifications or amendments be in writingsigned by both Parties, automatically be terminated in that state and CLEC shall be free
thereafter to pursue any available means to purchase UNE-P or equivalent services from
Owest.
Scope of Amendment.The provisions of this Amendment are intended to amend andsupercede those provisions of CLEC'existing and all future Interconnection or other
Agreements only as they relate to the offering of Unbundled mass market Switching or-Unbundled enterprise Switching and Unbundled Shared Transport in combination with other
network elements as part of the Unbundled Network Element Platform, and Batch Hot Cuts, as
defined below (collectively, the "Services ). The Services and related terms and conditionsdescribed in this Agreement are applicable only in Owest's incumbent LEC service territory in
the states of Arizona, Colorado, Idaho, Iowa , Minnesota , Montana , Nebraska New Mexico
North Dakota , Oregon , South Dakota, Utah , Washington and Wyoming.
2.4 ExistinQ Rules The provisions in this Amendment are intended to be in compliance withand based on the existing state of the law, rules, regulations and interpretations thereof
including but not limited to Federal rules , regulations, and laws, as of June 17 2004 (the
Existing Rules ). Nothing in this Agreement shall be deemed an admission by Owest or CLECconcerning the interpretation or effect of the Existing Rules or an admission by Owest or CLEC
that the Existing Rules should not be changed, vacated, dismissed, stayed or modified. Nothing
in this Amendment shall preclude or estop Owest or CLEC from taking any position in any forum
concerning the proper interpretation or effect of the Existing Rules or concerning whether the
Existing Rules should be changed , vacated, dismissed, stayed or modified.
January 27, 2005/ATI/ID
Amendment to CDS-9811 02-0057
UNE-P Elimination/Batch Hot Cut Amd
Chanqe of Law If a change in law , rule , or regulation materially impairs a party s abilityto perform or obtain a benefit under this Amendment, both parties agree to negotiate in good
faith such changes as may be necessary to address such material impairment.
Requlatorv Approval.In the event the FCC , a state commission or any other
governmental authority or agency rejects or modifies any material provision in this Amendment
either party may immediately upon written notice to the other Party terminate this Amendment
and the OPP MSA.
Entire Aqreement.Other than the publicly filed Agreement and its Amendments, the
OPP MSA and its amendments, addendums, and exhibits, Owest and Eschelon have no
agreement or understanding, written or oral, relating to the terms and conditions of the subjects
of this Amendment.
Section 3.0 - Batch Hot Cut Terms and Conditions
Individual Hot Cuts . All hot cuts, except for those hot cuts performed pursuant to a batch
process, will be provided by Owest to CLEC at the rates, terms and conditions set forth in
CLEC's Interconnection Agreement.
Batch Hot Cut Process Upon deployment of the Batch Hot Cut Status Tool andamendment of Appointment Scheduler to accommodate Batch Hot Cut orders, Owest shallprovide Batch Hot Cuts to CLEC upon the rates, terms and conditions set forth in thisAgreement. The Parties agree to follow the Batch Hot Cut Process described in Attachment A.
CLEC agrees to use commercially reasonable efforts to use the Batch Hot Cut Process under
this Agreement even in states in which the Individual Hot Cut rate is lower than the Batch HotCut Rate.
Batch Hot Cut Rates: The base Batch Hot Cut price is $27.50 per line unless theincentive thresholds below are met. If the number of CLEC's OppTM lines as of October 31
2005 equals or exceeds 900/0 of the sum of CLEC's OppTM and UNE-P lines as of October, 312004, the Batch Hot Cut rate for CLEC will be reduced to $23 per line for Batch Hot Cuts
.performed during the time period from January 1 , 2006 through December 31 , 2006. If thenumber of CLEC's OppTM lines as of October 31 , 2006 equals or exceeds 900/0 of the sum of
CLEC's OppTM and UNE-P lines as of October, 31 , 2005, the Batch Hot Cut rate for CLEC will
be reduced to $18.50 per line for Batch Hot Cuts performed during the time period from January
, 2007 through end of the term of this Amendment. For purposes of this section, the number of
QPPTM lines and the sum of OppTM and UNE-P lines shall be calculated on a regionwide basisthat includes all states in which this Amendment is in effect.
3.4 Batch Hot Cut Rate Adjustment:If after the Effective Date, for a state in which theIndividual Hot Cut rate is higher than the Batch Hot Cut Rates under this Amendment (inclusiveof the discounts set forth in Section 3.3) as of the Effective Date, the rate for Individual Hot Cutsin such state is subsequently lowered below the Batch Hot Cut Rates contained in thisAmendment (inclusive of the discounts set forth in Section 3.3), then the Batch Hot Cut rates
under this Amendment (including the discounted rates set forth in Section 3.3) that are higher
than the newly-lowered state rate for Individual Hot Cuts will be automatically adjusteddownward prospectively (with such new rates being implemented for CLEC region-wide for allfourteen states) by an amount equal to the difference in the newly-lowered state Individual HotCut rate and each higher Batch Hot Cut Rate under this Amendment multiplied by the
January 27, 2005/ATI/ID
Amendment to CDS-9811 02-0057
UNE-P Elimination/Batch Hot Cut Amd
A. Integrated Digital Loop Carrier ("IDLC") is not a part of the standard Batch Hot Cut
process. However, the pricing for Batch Hot Cuts will apply to IDLC Loops. IDLC Loops will be
batched together in quantities of no more than 40 IDLC Loops per state, per day.
B. Line Splitting to Loop Splitting conversions can be included the Batch Hot Cutprocess at the same pricing for Batch Hot Cuts stated above. For purposes of this Section , a
Line Splitting to Loop Splitting conversion means a conversion from Qwest as the switch
provider to a' CLEC switch provider where the data or DLEC provider and the Loop remain the
same.
C. Batch Hot Cut limits are in effect as established in the Batch Hot Cut Process
described in Attachment A.
Section 4.0 - Removal of UNE-, Enterprise and Mass Market Switching and Shared
Transport from Interconnection Agreement(s)
Aqreement Not to Order. During the term of this Agreement Qwest shall not offer or
provide to CLEC , and CLEC shall not order or purchase from Qwest, unbundled mass market
switching, unbundled enterprise switching or unbundled shared transport, in combination with
other network elements as part of UNE-P out of its existing Interconnection Agreement(s) with
Qwest, a Qwest SGAT or any other Interconnection Agreement governed by 47 U.C. 99251
and 252 that CLEC or one of its affiliates may in the future enter into with Qwest and CLEC
waives any right under applicable law in connection therewith. Notwithstanding the foregoing,
nothing in this Section shall prevent Qwest from offering or providing QPPTM seNices to CLEC
or CLEC from ordering or purchasing QPPTM seNices from Qwest. The agreement not to order
UNE-P seNices embodied in this Section shall remain in effect for the Term of this Amendment
and for the avoidance of doubt, shall no longer be binding on CLEC or otherwise enforceable in
a particular state if the QPP MSA is terminated as to that state (other than for reason of material
breach by CLEC).
Section 5.Other Terms and Conditions of Interconnection Agreements
Other Interconnection Terms. This Amendment is not intended to alter, adjust or extend
existing interconnection arrangements between Qwest and CLEC except as expressly set forth
herein and all such other interconnection arrangements and related terms and conditions shall
remain in full force and effect.
CLEC may use Qwest's Directory Assistance SeNices or operator services and mayarrange to provide access to its own , or to a third party s, directory assistance or operatorseNices platform. Qwest Branded Operator SeNices and Directory Assistance may be
purchased by CLEC pursuant to the terms of the applicable ICA, SGAT, or tariff. CLEC
Branded Operator SeNices and Directory Assistance will also be available from Qwest usingOriginating Line Number Screening ("OLNS"
).
Qwest will provide CLEC nondiscriminatory
access to Qwest's Directory Assistance Listings.
Line splitting will be available for Loops provided pursuant to the ICA, such that CLEC
may provide DSL seNice using the high-frequency portion of such a Loop and a GLEe-provided
splitter, or CLEC may contract with a third-party CLEC to provide such DSL seNice to an CLECEnd User Customer over the high frequency portion of the Loop. The Loop pre-qualification
ordering, provisioning, repair, maintenance and other support functions and seNices to support
CLECs use of line splitting in connection with Loops shall be provided as set forth in the ICA.
January 27, 2005/ATIIID
Amendment to CDS-9811 02-0057
UNE-P Elimination/Batch Hot Cut Amd
Attachment A
Attachment A: Batch Hot Cut Process
The Batch Hot Cut (BHC) installation option permits CLEC to migrate existing defined analog
services to a two or four (2/4) wire analog Unbundled Loop in those instances where existing
facilities currently serving the end-user customer can be reused without requiring a field
technician dispatch. Except as defined below, existing analog services provisioned over
Integrated Digital Loop Carrier (IDLC) or originating out of a Remote Switching Unit (RSU) and
terminating on an exchange (EX) cable are not eligible for the BHC because the dispatch of a
field technician would be required. In addition, the coordination provisioning options for
Unbundled Loops are not available when using the BHC process.
A. The BHC process is available to migrate to unbundled Loops from the following
services whether they be in Owest retail Owest resale, Owest UNE-, or Owest
Platform PlusTM (OPPTM ) formats: Residential POTS, Business POTS , Centrex 21
Centrex Plus/Centron , Analog DID, and public access lines.
1. The BHC process is also available to convert a line split Loop as
defined in Section 9.21 of Owest's SGA T using one of the
aforementioned types of UNE-P or OppTM lines to a Loop splitting
arrangement. This option will be made available upon the development
of systems upgrade to accommodate such a request. Owest will usebest reasonable commercial efforts to deploy this capability by
December 31 2004 coincident with IMA release 16.
2. A modified BHC process can be used to transition Loops currently
provisioned over IDLC. In that circumstance, the IDLC batch must bemade up exclusively of lines currently provisioned over IDLC, and
identified and designated as such by CLEC using one of Owest's Loop
qualification tools. In those circumstances, the IDLC batch will consist
of no more than 40 Loops per state per day. Owest's scheduling toolwill be enhanced in a future IMA release if and to the extent the
enhancement is supported by the CLEC community. If approved, the
enhancement will include the ability to reserve due dates for IDLC in
cumulative batches of no more than 40 IDLC Loops per state per day.
Owest and CLEC agree to support as a high priority the enhancement
for IDLC inclusion in the scheduling tool and will work this through the
systems prioritizations procedures in the Owest Wholesale Change
Management Process. Owest and CLEC will rank this enhancement
change request within the top twenty-five percent (250/0) of all change
requests to be prioritized through the Owest Wholesale Change
Management Process when this change request is prioritized.
B. Except as set forth above for DLC batches, the BHC must be for a minimum of
twenty-five (25) Unbundled Loops per CLEC per Central Office and a maximum of one
hundred (100) Unbundled Loops among all CLECs per Central Office per day. There is
also a fourteen (14) state region-wide maximum for all CLECs of two thousand five
hundred (2 500) Loops per day for all of Owest's Central Offices.
C. The BHC option is available during standard unbundled Loop business days
which are defined in the Provisioning and Installation Procedural PCA T. The Due Date
for the BHC process is set by a standard seven (7) business day installation interval.
January 27, 2005/ATI/ID
Amendment to CDS-981102-0057
UNE-P Elimination/Batch Hot Cut Amd
Attachment A
the Provisioning interval unless awest finds no dial tone or if the dial tone
is defective (e., reversal or wired to the wrong CLEC office equipment)
on the pre-wire date. During this time frame if a jeopardy exists, awest
will notify CLEC of the jeopardy via the BHC Status Tool. During this time
frame if a jeopardy exists, CLEC will commit to correct the no dial tone
condition and have dial tone available to awest by 3:00 a.m. local time on
the order Due Date. If CFA changes are required, CLEC will submit a
supplement to the LSR by 12:00 p.m. (noon) local time on the fourth
business day of the standard interval. If CLEC dial tone is not available
or is defective on the Due Date awest will place CLEC's order
jeopardy status and require CLEC to supplement the LSR to establish a
new Due Date using either a new batch or using a different installation
option.1. If the jeopardy causes the number of lines in the batch to
drop below twenty (20) lines, awest reserves the right to reject the entire
batch and to place all lines associated with the BHC order into jeopardy
status.2. All related lines to the order placed into jeopardy (e.
related lines in a business or in a hunt group) shall also be placed into
jeopardy status.c. On both the pre-wire date (as noted above) as well as the lift and
lay date (the Due Date), awest will test for CLEC dial tone and ANI the
line to ensure that CLEC'dial tone is working properly. On the Due
Date, if the correct telephone number is working on CLEC'facilities,
Owest will monitor the line and perform the lift and lay. The lift and lay
removes CLEC's End User Customer line from the awest End Office
Switch and migrates the End User Customer line to CLEC's Switch.
Once CLEC has received notification via the BHC status tool, that a line
has been migrated , CLEC will have two (2) hours to request that the
Unbundled Loop be restored back to its original state. The restoration
shall begin immediately upon request by CLEC. No response from CLEC
indicates acceptance of the order completion , and Owest will proceed to
disconnect the original service. If CLEC requests removal from the batch
CLEC must issue a new or supplemental LSR to reinitiate the
provisioning process for the line(s) in question.d. awest will provision the lines in the batch in the order that makes
the most economic sense for awest. CLEC will not be able to dictate the
order in which the lines will be provisioned , except that multiple lines for a
single customer in a single location (including hunt groups) ordered
the same LSR will be provisioned together.
E. The Batch Status Tool will provide CLEC with the current status of its BHC
requests for any given central office on an individualline-by-line basis. The Batch Status
Tool will return a display that will list status changes on BHC orders occurring for that
day. The display will provide the affected telephone numbers, order numbers, related
order numbers, CFA, and PON number associated with the BHC requested.
Subsequent changes to the status of any order will be noted in the Batch Status Tool.
January 27, 2005/ATI/ID
Amendment to CDS-9811 02-0057
UNE-P Elimination/Batch Hot Cut Amd
Attachment A
The Batch Status Tool will provide, on the day of the cut , the start time and the
completion time on a line-by-line basis. If CLEC is interested in capturing the exact
moment the conversion work is completed , CLEC's current switch should have the
capability to capture ("trap ) the conversion and issue and request to have the
subscription submitted for number porting.
1. Currently, Qwest's BHC Status Tool and amendments to Appointment
Scheduler to account for the BHC process are scheduled for deployment
October 18, 2004. Such tools will not be available before that date. The BHC
process will not be available as a provisioning option until these tools are
deployed.2. If there is a delay in deployment of these tools, CLEC will be notified
using the existing Change Management processes.3. Once deployed , CLEC must use the Batch Status Tool and Appointment
Scheduler to utilize the BHC process.4. The Batch Hot Cut process defined here will not be in effect until the
Batch Status Tool and Appointment Scheduler are developed , tested , and
deployed.5. The IDLC modified batch process will be excluded from the batch
scheduling tool until the time when systems modifications and enhancements, in
a future IMA release , are in place. However, IDLC conversions will be handled
on an exception basis using the manual methods until the time when these
modifications and enhancements are in place.
January 27, 2005/ATI/ID
Amendment to CDS-9811 02-0057
UNE-P Elimination/Batch Hot Cut Amd
EXHIBIT 1:
ST ATE COMMISSION ORDERS, AND ARIZONA STAFF COMMENTS,
REGARDING QPP
Decision No. C04-1349
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. 96A-366T
RE: THE APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT
BETWEEN U S WEST CO1v1IVIUNICATIONS , INC. AND MCIMETRO ACCESS
TRANSMISSION SERVICES, LLC.
. ORDER APPROVING
INTERCONNECTION AGREEMENT
Mailed Date: November 16, 2004
Adopted Date: October 27, 2004
TABLE OF CONTENTS
BY THE COMMISSION. ...................
............. .......... ....... ............................. .......... ..... ........ ...
A. Background. .......
.... .... .... ... .... ........ ..... ...... ..... .............. ..... .... ..... ... ..... ...... ... .... .... ... .,.. .... .....
B. Discussion. ....
......... .......... ... .... ................. ...... .................. .... ..... .... ..... .... ...... ........... .... ... ....
1. Jurisdiction of the ColTIlnission... ..... .......
..................... ..... .................... ....................
2. Federal Law ................................................................................................................
3. Section 271.................................................................................................................
4. State Law ....................................................................................................................
5. Federal Communications Commission Order No. 04-179.........................................
II. ORDER...................................................................................................................................
A. The ColTIlnission Orders That: ........................................................................................
B. ADOPTED IN COMMISSIONERS' WEEKLY MEETING October 27 2004.............
III. CHAIRMAN GREGORY E. SOPKIN SPECIALLY CONCURRING: ...............................
Before the Public Utilities Commission of the State of Colorado
Decision No. CO4-1349 .DOCKET NO. 96A-366T
BY THE COMMISSION
Background
This matter comes before the Commission for consideration of the motion of
MCImetro Access Transmission Services, L.C. (MChnetro) for approval of an Amendment to its
Interconnection Agreement with Qwest Corporation, formerly known as U S WEST
Communications, Inc. (Qwest).
MCImetro filed this motion on July 23, 2004 pursuant to 4 Code of Colorado
Regulations (CCR) 723-44-In its motion MChnetro seeks Commission approval of a
negotiated amendment between Qwest and MCImetro for elimination of unbundled network
element platform (UNE-P) and implementation of batch hot cut process and discounts, as well as
approval of the QPP Master Service Agreement between Qwest and MCImetro.
Qwest filed an entry of appearance and notice of intervention on August 2, 2004.
On August 3, 2004, Qwest filed a motion to dismiss the application, and on August 4, 2004, filed
an errata tot he motion to dismiss. Q west's motion to dismiss applies 0 nly to the request for
approval of the QPP Master Services Agreement, and not the request for approval of the
agreement for elimination of UNE-P and implementation of batch hot cut process and discounts.
MCImetro filed its reply to the motion to dismiss on August 17, 2004. On August 31 , 2004
Qwest submitted a motion for leave to file a reply in support of its motion to dismiss, along with
a proposed reply. Both Qwest and MCImetro support passage of the elimination UNE-P and
ilnplementation of a batch hot cut process and discounts amendment.
On August 9, 2004, AT&T Communications of the Mountain States, Inc. and
TCG Colorado (collectively AT&T) filed an entry of appearance and notice of intervention as a
Inatter of right, or in the alternative, a request for permissive intervention under Rule 4 CCR 723-
Before the Public Utilities Commission of the State of Colorado
Decision No. CO4-1349 DOCKET NO. 96A-366T
64. AT&T takes no position on whether the Qwest/MCImetro agreements should be approved;
its argument addresses only whether the QPP Agreement must be filed with this Commission.
In Decision No. C04-I062, issued September 7, 2004, we granted AT&T's request
for intervention, granted Qwest's motion for leave to reply, asked that additional briefs be filed
by September 17, 2004, and asked the parties to appear for oral argument on September 28
2004. Oral argument was held as scheduled, and Qwest was granted additional time to file
limited supplemental brief which was filed on October 6, 2004. Briefs filed by the parties also
address whether Federal Communications Commission Order No. 04-179 affects the dispute in
this matter which is whether Federal and Colorado law require that the Qwest Master Services
agreement for Qwest Platform Plus service (the Agreement) be filed with this Commission for
approval or rej ection.
Discussion
Jurisdiction of the Commission
At the 0 utset, the parties differ on whether the Commission has jurisdiction to
approve or reject the QPP Agreement. Qwest asserts that because the Agreement was negotiated
not with respect to ~ 251 of the Communications Act of 1996 (the Act), but rather was negotiated
with respect to ~ 271 of the Act, the Commission lacks jurisdiction to review the Agreement.
disagree.
As demonstrated by both AT&T and MCImetro, the Federal Communications
Commission (FCC) made clear in Order No. FCC 02-276 In the Matter of Qwest
Communications International Inc. Petition for Declaratory Ruling on the Scope of the Duty to
File and Obtain Prior Approval of Negotiated Contractual Arrangements under
Section 252(a)(1), WC Docket No. 02-89 (October 4, 2002) (Declaratory Order), that state
Before the Public Utilities Commission of the State of Colorado
Decision No. CO4-1349 DOCKET NO. 96A-366T
commissions are in a position to deteTI11ine what constitutes an interconnection agreement that
needs to be filed. The FCC stated
, "
(b Jased on their statutory role provided by Congress and
their experience to date, state commissions are well positioned to decide on a case-by-case basis
whether a particular agreement is required to be filed as an 'interconnection agreement' and , if so
whether it should be approved or rejected.Id. at ~10. Qwest argues that only the FCC sets the
standard with respect to what agreements need be filed, but the Declaratory Order explicitly
rejects this proposition. "Therefore, we decline to establish an exhaustive, all encompassing
interconnection agreement' standard.... We encourage state commissions to take action to
provide further clarity to incumbent LECs and requesting carriers concerning which agreements
should be filed for approval." Id. To be sure, the FCC sets forth principles that states should
follow in detennining what needs to be filed pursuant to ~ 252(a)(1). However, the FCC clearly
expects that State Commissions will determine what agreements need to be filed and whether
they should be approved. We thus have the jurisdiction to consider whether the QPP Agreement
needs to be filed as an interconnection agreement, and to approve or reject it.
Federal Law
Section 252Will
Section 47 U.C. 252(a) (1) (of the Telecommunications Act of 1996), provides:
(a)
(1)
Agreements arrived at through negotiation
Voluntary negotiations
Upon receiving a request for interconnection, services, or network elements
pursuant to section 251 of this title, an incumbent local exchange carrier may
negotiate and enter into a binding agreement with the requesting
telecommunications carrier or carriers without regard to the standards set forth in
subsections (b) and (c) of section 251 of this title. The agreement shall include a
detailed schedule of itemized charges for interconnection and each service or
network element included in the agreement. The agreement, including any
interconnection agreement negotiated before February 8, 1996, shall be sublnitted
to the State commission under subsection (e) of this section.
Before the Public Utilities Commission of the State of Colorado
Decision No. CO4-1349 DOCKET NO. 96A-366T
This statute provides authorization for parties, when a request is made pursuant to ~ 251 , to
negotiate an agreement without regards to the standards set forth in ~ 251 subsections (b) and (c).
It then explicitly requires filing of those agreements with state commissions.
In its Declaratory Order, the FCC provided: "we find that an agreement that
creates an ongoing obligation pertaining to resale, number portability, dialing parity, access to
rights-of-way, reciprocal compensation, interconnection, unbundled network elements, or
collocation is an interconnection agreement that must be filed pursuant to section 252(a)(1).
(emphasis added) Id. at ~8. Qwest, citing footnote 26 of the FCC order which provides that only
those agreements that contain an ongoing obligation relating to ~ ~ 251 (b) or (c) must be filed
under ~ 252(a)(I), interprets this to mean that Qwest has no obligation to file the Commercial
Agreement, and the Commission has no authority to review and approve it. Qwest's basis for
this assertion is that the QPP Agreement relates only to obligations required by ~ 271 of the Act.
We agree that the FCC has clearly stated only those agreements containing "
ongoing obligation relating to section 251(b) or (c) must be filed under 252(a)(l)(el11phasis
added).Id. fn 26. Weare not prepared to say, however, that the Q PP Agreement 0 n mass
market switching and shared transport is unrelated to
~ ~
251 (b) or (c). Section 251 (c) sets forth
obligations of incumbent local exchange carriers which include interconnection. Certainly, mass
market switching and shared transport are related to interconnection, and so is the
QPP Agreement. It thus m liSt b e filed pursuant t 0 ~ 252(a)(I). Even i fw e were tor earl the
Declaratory Order as supporting Qwest's position, it elaborates only upon what must b e filed
under ~ 252(a)(1), but says nothing about the requirements of ~ 252(e)(1).
Section 252Ciliil
Section 47 U.C. 252(e)(I) provides:
Before the Public Utilities Commission of the State of Colorado
Decision No. CO4-1349 DOCKET NO. 96A-366T
(e)
(1)
Approval by State commission
Approval required
Any interconnection agreement adopted by negotiation or arbitration shall be
submitted for approval to the State commission. A State commission to which an
agreement is submitted shall approve or reject the agreement, with written
findings as to any deficiencies.
10.Qwest argues that, in its Declaratory Order, the FCC detennined that the Act
contemplates the filing of agreements with ongoing obligations relating to subsections (b) and
(c) of ~ 251. Qwest states that there is no independent filing obligation under 9 252( )(1). Qwest
believes that the FCC determination addresses the requirements of 9 252( )(1) of the Act.
Specifically, Qwest argues that the Declaratory Order states that 9 252(e)(1) requires the filing
only of agreements relating to 99 251(b) and (c). Qwest Motion to Dismiss at 5. Qwest ignores
however, that the Declaratory Order only refers to filing requirements pursuant to ~ 252(a)(1). In
reality, nowhere does the Declaratory Order speak to the filing requirements of 9 252( e )(1).
believe that the plain language of 9 252(e)(I) requires all interconnection agreements to be filed
with the Commission:
Any interconnection agreement adopted by negotiation or arbitration shall be
submitted for approval to the State commission.
11.In interpreting statutes, courts look to the plain meaning of the statutory language
and the language and design of the statute as a whole. s. v. WIlliams, 376 F.3d 1048 , 1052
(lOth Cir. 2004). 'Any' means but one thing:
Read naturally, the word "any" has an expansive meaning, that is
, "
one or
some indiscriminately of whatever kind." Webster s Third New International
Dictionary 97 (1976). Congress did not add any language limiting the breadth of
that word, and so we must read ~ 924( c) as referring to all "term( s J of
imprisonment including those imposed by state courts. United States
Gonzales. 520 U.S. L 5. 117 S.Ct. 1032. 1035. 137 L.Ed.2d 132 (1997)
Before the Public Utilities Commission of the State of Colorado
Decision No. CO4-1349 DOCKET NO. 96A-366T
(EJarlier this year, the Supreme Court explained
, "
Read naturally, the
word 'any' h as an expansive meaning, t hat is
, '
one or some indiscriminately of
whatever kind.
' "
United States v. Gonzales, 520 U.S. L ----. 117 S.Ct. 1032.
1035. 137 L.Ed.2d 132 (1997)(citation omitted). Here, as in Gonzales Congress
did not add any language limiting the breadth of that word " so "any" means all.
See id. Merritt v. Dillard Paper Co.120 F.3d 1181 1186 (11th Cir. 1997).
Here, as in the cases cited above, Congress did not add any limiting language in ~ 252( e )(1), so
we must assume that all negotiated and arbitrated interconnection agreements must be filed with
the Commission.
12.We evaluate and harmonize ~ 252(a)(1) and ~ 252(e)(1) as follows. The former
concerns a limited set of interconnection agreements.It provides authority to negotiate
agreements independent of the government requirements set forth in ~ ~ 251 (b) and (c). At the
same time, the subsection reminds parties t hat, although independently negotiated, the parties
still must submit the agreement to the states for approval. Subsection 252(a)(I) is as much about
allowing companies to negotiate agreements without government restraint as it is about filing
requirelnents.Even without subsection 252(a)(I), parties would be required to file these
interconnection agreements under ~ 252(e)(1).This subsection requires the filing of all
interconnection agreements. Without ~ 252( e )(1), parties to agreements requested and negotiated
pursuant to the standards in subsections 251 (b) and ( c) would not be required to file their
agreements.
Section 271
13.Section 47 U.C. ~ 271 requires that Regional Bell Operating Companies
(RBOCs) unbundle certain network elements, albeit not at Total Element Long-Run Incremental
Cost rates. As Qwest states in its brief
, "
(mJany of the elements which have been removed from
the list of unbundled elements must still be unbundled pursuant to Section 271 (c )(2)(B) of the
1996 Act." Qwest Motion to Dismiss p. 7. The elements covered by the QPP Agreement are
Before the Public Utilities Commission of the State of Colorado
Decision No. CO4-1349 DOCKET NO. 96A-366T
unbundled pursuant to g 271(c).Congress intended that state commissions play a role in
monitoring RBOC compliance with g 271(c) requirements. Indeed, ~ 271 (d)(2)(B) provides:
(B)Consultation with State commissions
Before making any determination under this subsection, the Commission shall
consult with the State commission of any State that is the subject of the
application in order to verify the compliance of the Bell operating company with
the requirements of subsection (c) of this section.
14.Congress clearly intended State Commissions to guide the FCC with respect to
RBOC compliance with unbundling requirements in ~ 271(c).We cannot do this if
interconnection agreements negotiated pursuant to g 271 are not filed with this Colll1nission.
15.We do not accept Qwest's interpretation of the Declaratory Order. We believe that
the FCC set forth guidelines as to what constitutes an interconnection agreement, and intends
that state commissions apply those guidelines in determining what agreements need to be filed
for approval. We believe the QPP Agreement is an "interconnection agreement." As argued by
MCImetro, the agreement, which relates to mass market switching and shared transport, is an
agreement for "network elements " even if they are provided under ~ 271 of the Act. The
QPP Agreement meets the criteria set forth in the FCC Declaratory Order criteria for evaluating
what is an interconnection agreement.It sets forth ongoing obligations that relate to
interconnection and unbundled network elements. As an interconnection agreement, it must be
filed under ~ 252(e)(1).Indeed we believe that all agreements which set forth ongoing
obligations which relate to interconnection and unbundled network elements must be filed with
this Commission pursuant to g 252(e)(1).
State Law
16.We also find MCImetro and AT&T's state law arguments persuasive. Qwest
provides no court decision, statute, or rule that invalidates this Commission s rules concerning
Before the Public Utilities Commission of the State of Colorado
Decision No. CO4-1349 DOCKET NO. 96A-366T
the filing of interconnection agreements. Qwest only asserts that because the agreement was for
unbundling pursuant to ~ 271 as opposed to ~ 251 , it is subject to federal jurisdiction and thus
not state jurisdiction. Commission Rule 4 CCR 723-44-5 defines "interconnection agreement"
(A In a greement for interconnection, services , or network elements entered into
between or among LECs or Telecommunications Carriers for the purpose of
transmission of information by electronic, optical or any other means between
separate points by prearranged means.
The state language is broad, and makes no distinction between ~~ 251 and 271 of the Act. The
QPP Agreement fits under this language, and pursuant to 4 CCR 723-44.4.1 it must be filed with
the Commission. Indeed, whether negotiated or arbitrated pursuant to ~ 251 , or ~ 271 of the Act
whether a "commercial agreement" or otherwise, any agreement between carriers that provides
interconnection, services, 0 r network elements for the purpose 0 f transmission 0 f information
between separate points must be filed with the Commission pursuant to Colorado law.
Federal Communications Commission Order No. 04-179
17.We asked the parties to address whether FCC Order No. 04-179 , WC Docket
No. 04-3134 (August 20, 2004), which in effect stays the U.S. Court of Appeals for the District
of Columbia s decision on the FCC's Triennial Review Order for six months , affects how this
Commission should rule. We do not believe that the FCC order affects filing requirements.
18.Qwest asserts that the FCC's order that competitive local exchange carriers may
not opt into agreements for switching, enterprise market loops and dedicated transport is
evidence for its. position on filing. We do not read the FCC's order on opt in provisions
address filing. Rather, we believe as argued by MCImetro, that the FCC has not addressed filing
requirements for "commercial agreements." Indeed Commissioner Abernathy s concurring
statement ruing the lack of clarification of filing requirements reinforces this position.
Before the Public Utilities Commission of the State of Colorado
Decision No. CO4-1349 DOCKET NO. 96A-366T
19.We thus requIre that Qwest file QPP Master Service Agreements with the
Commission for approval or disapproval. We also approve the motion as filed, including the
elimination of UNE- P and implementation of a batch-hot cut process and the QPP Master
Service Agreement.
20.Under the terms of 47 V.C. ~ 252(i) of the Act, MCImetro may at some future
date opt into the terms and conditions of Commission approved and currently effective
agreements:
(a J local exchange carrier shall make available any interconnection, service, or
network element provided under an agreement approved under this section to
which it is a party to any other requesting telecommunications carrier upon the
same terms and conditions as those provided in the agreement.
47 V.C. 9251 et seq. of the Act requires that the Commission review and approve
or rej ect interconnection agreements involving incumbent local exchange carriers
like Qwest. To comply with the Act, rates in negotiated agreements must be just and
reasonable nondiscriminatory and based on the cost of providing the
interconnection or network element. 47 V.C. ~ 252(e). In reviewing agreements
(or portions thereof) the Commission generally is guided by 47 V.C. ~ 252(e)(2),
requiring that interconnection agreements not discriminate against non-parties and
be consistent with the public interest, convenience and necessity.
21.The Commission has not previously approved all of the amended rates and
conditions proposed here. However, we find it consistent with the directives of the Act and our
own interconnection agreement rules to approve the present amended terms and conditions
subject to our own rules and general ratemaking proceedings.
II.ORDER
The Commission Orders That:
The Qwest Corporation Platform Plus Master Service Agreement must be filed as
an interconnection agreement for approval by the Commission.
Before the Public Utilities Commission of the State of Colorado
Decision No. CO4-1349 .DOCKET NO. 96A-366T
MCImetro Access Transmission Services, L.s motion for approval is granted
in its entirety, consistent with the discussion above.
This Order is effective on its Mailed Date.
ADOPTED IN COMMISSIONERS' WEEKLY MEETING
October 27,2004.
THE PUBLIC UTILITIES COMMISSION
OF THE ST ATE OF COLORADO
Commissioners
CHAIRMAN GREGORY E. SOPKIN
SPECIALLY CONCURRING.
G:\ORDER\C04-1349 96A-366T.doc:srs
Before the Public Utilities Commission of the State of Colorado
Decision No. CO4-1349 DOCKET NO. 96A-366T
III.CHAIRMAN GREGORY E. SOPKIN SPECIALLY CONCURRING:
I concur with the result of today s decision - that the Interconnection Agreement
between MCImetro Access Transmission Services, LLC and Qwest Corporation must be filed
with the Commission. However, I do not subscribe to the entirety of the reasoning in the
decision, so I write separately.
In my view, filing of the Agreement is mandated for two reasons. First, 47 V.
g 252 is broadly written to include not only unbundled' network elements, but also
interconnection (which would include mass market switching and shared transport), and the
Federal Communications Commission (FCC) has broadly interpreted this statute. Indeed, as
pointed out by AT&T Communications of the Mountain States, Inc. in its brief, the FCC has
deemed only four narrow categories 0 f interconnection agreements (none applicable h ere) for
which there is no state filing requirement.
Second, as pointed out in the Commission s decision supra the FCC has given
states broad deference in deciding which interconnection agreements must be filed. The only
state guidance we have is twofold: (1) a provisional definition in Decision No. C02-1183
(Docket No. 96A-287T et aT):
An interconnection agreement for purposes of Section 252( e )(1) of the
Telecommunications Act of 1996 is a binding contractual agreement or
amendment thereto, without regard to form whether negotiated or arbitrated
between an Incumbent Local Exchange Carrier and a telecommunications carrier
or carriers that includes provisions concerning ongoing obligations pertaining to
rates, terms, and/or conditions for interconnection, network elements, resale
number portability, dialing parity, access to rights-of-way, reciprocal
compensation, or collocation.
Decision No. 02-1183 at ~ 5
, p.
Before the Public Utilities Commission of the State of Colorado
Decision No. CO4-1349 DOCKET NO. 96A-366T
and (2) a Commission rule (4 CCR 723-44-, cited supra) that also broadly defines
interconnection agreement." While the provisional definition was not meant to apply to later
cases, it appears consistent with the FCC's treatment of the issue.
Today decision is legal.From a policy standpoint, privately negotiated
con1IDercial contracts lose much value (to both parties) when they must be made public. While
the FCC's adoption of the "all or nothing" opt-in rule mitigates this concern, it is not eliminated.
In my view, the FCC should clarify when interconnection agreements must be filed with state
commissions because of public policy and legal requirements, and when not. Until then, there is
considerable uncertainty.
THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
Chainnan
STATE OF IOWA
DEPARTMENT OF COMMERCE
UTILITIES BOARD
IN RE:
U S WEST COMMUNICATIONS, INC.
n/k/a QWEST CORPORATION , AND
MCIMETRO ACCESS TRANSMISSION
SERVICES, LLC
DOCKET NO. NIA-99-
ORDER DENYING MOTION FOR REHEARING
(Issued December 15 , 2004)
On August 2, 2004 , MClmetro Access Transmission Services , LLC (MCI), filed
an application with the Utilities Board (Board) requesting the Board approve an
amendment to a negotiated interconnection agreement between MCI and Qwest
Corporation, f/k/a U S West Communications, Inc. (Qwest), and a Qwest Platform
Plus TM (QPP) Master Services Agreement between the two companies. The
amendment filed by MCI was identical to an amendment filed for Board approval on
July 27,2004 , by Qwest. Pursuant to 199 lAC 38.7(4)"" notice of the amendment
and Master Services Agreement was published on the Board's Web site, providing
for any comments or objections to be filed by September 1 , 2004. No objections or
comments were filed concerning the amendment and it was approved under the
provisions of 199 lAC 38.7(4)"d" on September 6,2004.
On August 16, 2004, Qwest filed a motion to dismiss the application for
approval of the Master Services Agreement, contending that the agreement was not
an interconnection agreement subject to Board review. Qwest argued that the
DOCKET NO. NIA-99-
PAGE 2
Master Services Agreement does not fall within Section 252 of the Federal
Telecommunications Act1 and is therefore not subject to Board review or approval.
After reviewing filed comments, responses to Qwest's motion to dismiss, and
briefs on the legal issues, the Board denied Qwest's motion to dismiss the application
for review.2 The Board stated:
The Board finds that the agreement between Qwest and
MCI is subject to the filing requirements of 47 U.C. 9
252(a)(1). Regardless of Qwest's obligations under the TRO
and USTA II , the agreement between Qwest and MCI is a
public contract that pertains to the obligations of 47 U.C. 9
251. The agreement sets forth a description of services and
elements to be offered; it contains petiormance
measurements and obligations; and it contains rate
structures and elements. Thus, 9 252(a)(1) requires the
agreement be filed with the Board for review and approval.3
On November 18 , 2004, Qwest filed its application for rehearing, arguing the
Board determined the correct standard for determining whether an agreement
between carriers should be filed pursuant to Section 252, but applied the standard
incorrectly. Qwest argues that the Board failed to determine that the services
involved in the Master Services Agreement are subject to 47 U.C. 9 251(b) or (c)
before applying the standard to determine whether the agreement should be filed
pursuant to Section 252.
47 U.C. 9 252.
See Order Denying Motion to Dismiss Application for Review of Negotiated Commercial
Agreement and Approving Interconnection Agreement " Docket No. NIA 99-35, issued October 29,
2004.
Id. at 6-
DOCKET NO. NIA-99-
PAGE 3
On December 2, 2004 , MCI filed an objection to the application for rehearing
reiterating its arguments made in previous filings and noting that in every state where
Qwest's motion to dismiss has been acted upon , the motion has been denied. Those
states include Colorado, Minnesota, New Mexico, Oregon , South Dakota,
Washington, and Wyoming.
Whether an agreement must be filed under 9 252 depends on whether the
agreement is related to any of the obligations an ILEC has under 9 251 (b) and (c) to
make its network available to competitors. The controlling factor is whether the
agreement pertains to the obligations contained in 9 251 (b) or (c). Although Qwest
has tried to separate the Master Services Agreement from the amendment to the
previously-approved interconnection agreement between the two companies, it is
apparent from a review that the two seemingly separate contracts are very much
interrelated and each depends upon both agreements being in effect.
The Master Services Agreement provides, at paragraph 23:
In the event the FCC, a state commission or any other
governmental authority or agency rejects or modifies any
material provision in this Agreement, either Party may
immediately upon written notice to the other Party terminate
this Agreement and any interconnection agreement
amendment executed concurrently with this Agreement.
Paragraph 2.2 of the Batch Hot Cut Amendment provides, in part:
If the QPP MSA is terminated (for reasons other than
material breach by MCI) with respect to a particular state,
this Amendment, by its own terms and notwithstanding any
requirement that subsequent modifications or amendments
be in writing signed by both Parties, automatically be
terminated in that state, and MCI shall be free thereafter to
DOCKET NO. NIA-99-
PAGE 4
pursue any available means to purchase UNE-P or
equivalent services from Owest.
In other words, if a state commission rejects the Master Services Agreement, the
Batch Hot Cut Amendment is invalidated as well. Therefore, the amendment and the
Master Services Agreement are inexorably intertwined.
In Sage v. P. U. C. of Texa the court considered a similar argument by
Southwestern Bell Telephone Company and stated:
If the parties were permitted to file for approval on only those
portions of the integrated agreement that they deem relevant
to 9 251 obligations, the disclosed terms of the filed sub-
agreements might fundamentally misrepresent the
negotiated understanding of what the parties agreed.
The Court also noted:
Without access to all terms and conditions, the PUC could
make no adequate determination of whether the provisions
fulfilling 9 251 duties are discriminatory or otherwise not in
the public interest. For example, while the state terms of
publicly filed sub-agreement might make it appear that a
CLEC is getting a merely average deal from an ILEC, an
undisclosed balloon payment to the CLEC might make the
deal substantially superior to the deals made available to
other CLECs. Lacking knowledge of the balloon payment
neither the State commission nor the other CLECs would
have any hope of taking enforcement action to prevent such
discrimination.
The Board finds that because the Master Services Agreement is an integral part of
the overall agreement, it was subject to the Board's jurisdiction and review pursuant
to 47 U.C. 252(e).
Sage Telecom, LP v. Public Uti/. Comm of Texas Case No. A-O4-CA-364-SS, at 11-12 (W.
Tex. Oct. 7 2004).
Id.
DOCKET NO. NIA-99-
PAGE 5
IT IS THEREFORE ORDERED:
Qwest's Application for Rehearing or Order Denying Motion to Dismiss
Application for Review of Negotiated Commercial Agreement" filed on November 18
2004 , is denied.
UTiliTIES BOARD
/s/ Diane Munns
/s/ Mark O. Lambert
ATTEST:
/s/ Judi K. Coop
Executive Secretary
/s/ Elliott Smith
Dated at Des Moines, Iowa , this 15t~ day of December, 2004.
STATE OF IOWA
DEPARTMENT OF COMMERCE
UTILITIES BOARD
IN RE:
US WEST COMMUNICATIONS, INC.
n/k/a OWEST CORPORATION, AND
MCIMETRO ACCESS TRANSMISSION
SERVICES, LLC
DOCKET NO. NIA-99-
ORDER DENYING MOTION TO DISMISS APPLICATION FOR REVIEW OF
NEGOTIATED COMMERCIAL AGREEMENT AND APPROVING
INTERCONNECTION AGREEMENT
(Issued October 29 , 2004)
On August 2 , 2004, MClmetro Access Transmission Services, LLC (MCI), filed
an application with the Utilities Board (Board) requesting the Board approve an
amendment to a negotiated interconnection agreement between MCI and Owest
Corporation, f/k/a U S West Communications, Inc. (Owest), and a Owest Platform
Plus TM (OPP) Master Services Agreement between the two companies. The
amendment would eliminate the unbundled network element platform (UNE-P) and
'Would implement a batch hot cut process and discounts. The amendment is to an
interconnection agreement between the two companies previously approved by the
Board in Docket No. NIA-99-35.
The amendment filed by MCI is identical to an amendment filed for Board
approval on July 27,2004, by Owest. No objections or comments were filed
concerning the amendment and it was approved under the provisions of
199 lAC 38.7(4)"d" on September 6 2004. Since the amendment has been
DOCKET NO. NIA-99-
PAGE 2
approved , it will not be addressed further, but instead was included here for
informational purposes.
Pursuant to 199 lAC 38.7(4 )"b," notice of the amendment and Master Services
Agreement was published on the Board's Web site, providing for any comments or
objections to be filed by September 1 , 2004.
On August 16, 2004, Qwest filed a motion to dismiss the application
contending that the Master Services Agreement is not an interconnection agreement
subject to Board review. Qwest argues that the Master Services Agreement does not
fall within Section 252 of the Federal Telecommunications Act1 and is therefore not
subject to Board review or approval.
On August 26 2004, AT&T Communications of the Midwest, Inc., and TCG
Omaha , Inc. (collectively AT&T), filed comments related to the MCI application for
approval. AT&T indicated that it does not oppose the two agreements, but disagrees
with Qwest that the Master Services Agreement is not subject to Board review and
approval.
On August 30, 2004, MCI filed a response to Qwest's motion to dismiss,
noting that the services covered by the Master Services Agreement consist primarily
of local switching and shared transport network elements in combination with certain
other services. MCI argues that because the agreement creates an ongoing
obligation pertaining to the manner in which Qwest will provide unbundled network
elements, the parties have an obligation to file the agreement with the state
47 U.C. 9 252.
DOCKET NO. NIA-99-
PAGE 3
commission so that the state can determine whether the agreement discriminates
against a telecommunications carrier not a party to the agreement and whether
approval is consistent with the public interest, convenience, and necessity as
described in 47 U.C. 9252(e)(2)(A).
On August 31 2004, AT&T filed a response to Qwest's motion to dismiss.
AT&T argues that the Master Services Agreement is an interconnection agreement
adopted by negotiation that must be filed with the Board pursuant to Section 252 of
the Federal Telecommunications Act.
The Board docketed the Master Services Agreement pursuant to
199 lAC 38.7(4), which provides that the Board will issue an order docketing a
negotiated interconnection agreement within 40 days of the date of filing of the
agreement if there are objections or comments filed. Although it appeared that there
were no objections or comments concerning the substance of the Master Services
Agreement, the Board docketed the application and agreements filed by MCI on
August 2, 2004, to consider the issue raised by Owest regarding the necessity of
filing the agreement.
Because there were no disputed issues of fact , a hearing was not initially set
and no party filed a request for a hearing. The Board established a date for filing
briefs addressing the issue of whether the Master Services Agreement is a
negotiated interconnection agreement required to be filed pursuant to 47 U.C. 9
252.
DOCKET NO. NIA-99-
PAGE 4
On September 23 2004, AT&T filed a letter indicating that it would not be filing
a brief, but that its response to Qwest's motion to dismiss (filed August 31, 2004)
incorporated its legal arguments regarding why the Master Services Agreement
should be.considered an amendment to the existing interconnection agreement and
the need for it to be filed with the Board for approval pursuant to the 1996
Telecommunications Act.
On September 24 , 2004, Qwest and MCI filed briefs. Supplemental filings
were made on October 4 2004 by MCI and AT&T, and on October 12 2004, by
AT&T to bring to the Board's attention orders issued by other state commissions on
this issue and to a decision of the U.S. District Court for the Western District of Texas
in Sage Telecom, LP v. Public Utility Commission of Texas.
The Federal Communications Commission (FCC) has issued at least one
ruling that is relevant to this matter. On April 23, 2002 , Qwest filed a petition for a
declaratory ruling with the FCC seeking a ruling on the scope of the mandatory filing
requirement set forth in 47 U.C. ~ 252(a)(1) of the 1996 Telecommunications Act
(Act).2 In its petition to the FCC, Qwest argued that under ~ 252(a)(1), a negotiated
agreement should be filed for state commission approval only if it includes (i)
description of the service or network element being offered; (ii) the various options
available to the requesting carrier and any binding contractual commitments
2 awest Communications International, Inc., Petition for Declaratory Ruling on the Scope of the Duty
to File and Obtain Prior Approval of Negotiated Contractual Arrangements under Section 252(a)(1) ,
we Docket No. 02-89, Declaratory Ruling released October 4 2002 (Declaratory Ruling).
DOCKET NO. NIA-99-
PAGE 5
regarding the quality or performance of the service or network element; and (iii) the
rate structures and rate levels associated with each such option.
Qwest argued in its petition to the FCC that agreements regarding elements
that have been removed from the national list of elements subject to mandatory
unbundling should not be required to be filed under 9 252(a)(1). The FCC declined
to establish an exhaustive, all-encompassing "interconnection agreement standard"
and encouraged state commissions to decide in the first instance which agreements
fall within the statutory standard.4 However, the FCC found that agreements
containing an ongoing obligation relating to Section 251 (b) or (c) must be filed under
Section 252(a)(1 ).
The Master Services Agreement at issue in this docket contains a description
of the service or element being offered (Service Exhibit 1, 1.1 General QPP TM Service
Description); options available to the requesting carrier and performance quality
commitments (Service Exhibit 1, 7.0 Performance Measures and Reporting,
Performance Targets and Service Credits; also, Attachment A to Service Exhibit 1
Performance Targets for Qwest QPP Service); and rate structures and elements
(Service Exhibit 1 0 Rates and Charges). Thus, even based upon Qwest'
argument in its FCC Petition, the Master Services Agreement meets the
requirements for filing an agreement for approval by a State Commission.
3 Declaratory Ruling, ~ 2.
4 Declaratory Ruling, ~ 10-11.5 Declaratory Ruling, tn. 26.
DOCKET NO. NIA-99-
PAGE 6
Qwest argues that subsequent judicial decisions make it unnecessary to file
this agreement" On August 21 2003, the FCC issued its Triennial Review Order
(TRO) pursuant to its statutory authority set forth at 47 U.C. 9 251 (d).6 On
March 2, 2004 , the United States Court of Appeals for the District of Columbia Circuit
issued its decision on the appeals taken from the TRO (the UST A II decision)? As a
result of the D.C. Circuit's decision in UST A II , Qwest is no longer required to provide
certain network elements under Sections 251 or 252 of the Act According to Qwest
the Qwest Platform Plus TM services are now offered under Section 271 of the Act and
consist primarily of the local switching and shared transport network elements in
combination with certain other services. Qwest claims that because the agreement
does not create any terms or conditions for services that Qwest must provide under
Sections 251 (b) and (c), it is not an interconnection agreement or an amendment to
the existing interconnection agreement between Qwest and MCI and does not have
to be filed with the Board.
The Board finds that the agreement between Qwest and MCI is subject to the
filing requirements of 47 U.C. 9 252(a)(1). Regardless of Qwest's obligations
under the TRO and USTA II , the agreement between Qwest and MCI is a public
contract that pertains to the obligations of 47 U.C. 9 251. The agreement sets forth
a description of services and elements to be offered; it contains performance
In the Matter of Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange
Carriers CC Docket No. 01-338 (TRO).
United State Telephone Ass n v. FCC, 359 F .3d 554 (D.C. Giro 2004).
DOCKET NO. NIA-99-
PAGE 7
measurements and obligations; and it contains rate structures and elements. Thus
~ 252(a)(1 ) requires the agreement be filed with the Board for review and approval.
awest has argued that the FCC's Declaratory Ruling sets out unequivocally
that only agreements that contain an ongoing obligation relating to ~ 251 (b) or (c)
must be filed under ~ 252(a)(1). However, the FCC also stated in its Declaratory
Ruling that
... we believe that the state commissions should be
responsible for applying in the first instance, the statutory
interpretation we set forth today to the terms and conditions
of specific agreements.
The FCC declined to establish an exhaustive , all-encompassing interconnection
agreement standard, leaving it to the state commissions to decide in the first instance
whether a specific agreement should be filed under ~ 252.9 The Board has
considered positions of the parties to this docket and finds the agreement is required
to be filed.
On March 12, 2004, the FCC issued a Notice of Apparent Liability for
Forfeiture (NAL) against awest, in which the FCC fined awest for its failure to file
certain interconnection agreements with state commissions as required by 47 U.
~ 252. In the NAL, the FCC interpreted its Declaratory Ruling of 2002 and reiterated
that "on its face, ~ 252(a)(1) does not further limit the types of agreements that
carriers must submit to state commissions.,,1o In the NAL, the FCC stated that while
8 Declaratory Ruling, ~ 7.
9 Declaratory Ruling, ~ 10.
10 NAL ~ 11 , citing Declaratory Ruling ~ 8.
BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION
LeRoy Koppendrayer
Marshall Johnson
Ken Nickolai
Thomas Pugh
Phyllis A. Reha
Chair
Commissioner
Con1missioner
Commissioner
Commissioner
In the Matter of Qwest Corporation and
MCIlnetro Access Transmission Services
Amendment to Interconnection Agreement
ISSUE DATE: December 2, 2004
DOCKET NO. P-5321 421/CI-04-1178
ORDER APPROVING AMENDIvIENT
DENYING MOTION TO DISMISS AND
REJECTING MASTER SERVICE
AGREEMENT
PROCEDURAL mSTORY
On August 2, 2004, MCImetro Access Transmission Services, LLC (MCImetro) filed an amendment to
its existing interconnection agreement (Amendment) and also a Master Service Agreement (MS
Agreement) between MCImetro and Qwest. MCImetro submitted both the Amendment and the Master
S e rv i ce- Agr~~m~nt-f9-F-G 0mmi-ssiGn-I'€v-ie-w-a-nd-appl"Q'\la-t
On August 12 2004, the Minnesota Department of Commerce (the Depar1ment) filed comlnents
recomn1ending approval of the Amendment between MCImetro and Qwest. The Department did not
n1ake a recOlnmendation on the MS Agreement.
On August 12, 2004, Qwest filed a motion to dismiss MClmetro SJapplication for review and approval
of the MS Agreement. Qwest disagreed with MCImetro that Section 252 of the Act required or
authorized the Comlnission to review and approve the MS Agreement.
On September 14, 2004, the Commission issued a Notice for Comments Regarding Qwest SJMotion to
Dismiss.
On September 24, 2004, AT&T requested an extension of time to file its comments.
On Septen1ber 24, 2004, MCImetro and the Department filed their comments.
On September 28, 2004, AT&T filed its comments.
On September 30, 2004, Department filed supplemental comments clarifying its Septelnber 24 2004
COlnlnents.
On October 1 , 2004, MClmetro filed reply comments.
The Commission met on October 21 , 2004 to consider this matter.
FINDINGS AND CONCLUSIONS
MClmetro SJRequests for Approval
In its August 2, 2004 filing, MClmetro requested that the Commission review and approve two
documents that MCImetro had executed with Qwest on July 16 2004: 1) an amendment to
MClmetro SJinterconnection agreement (ICA) with Qwest and 2) a Master Service Agreement.
Amendment to the ICA
The term of the An1endmentbegins on July 16 2004 and tenninates July 31 2008. The Amendment
relates to the offering of unbundled n1ass market switching or unbundled enterprise switching and
unbundled shared transport in combination with other network elements as part of the unbundled
network element platform and Batch Hot Cuts. Pursuant to the Amendment, as soon as Qwest
deployed its Batch Hot Cut System Tool and an1ended its Appointment Scheduler to accommodate
Batch Hot Cut orders, Qwest would provide Batch Hot Cuts to MClmetro upon established rates
terms, and conditions.
Master Service Agreement
MClmetro stated that the parties entered into an MS Agreement to address the uncertainty created by
the DC Circuit Court SJMarch 2, 2004 decision2 and to create a stable arrangement for the continued
availability to MClmetro from Qwest of services technically and functionally equivalent to the
June 14 2004 UNE-P arrangements. The service Qwest agreed to furnish, which continues the
June 14 2004 UNE-P functionality, is known as Qwest Platform PlusTM (QPPTM
1 AT&T, MClmetro and the Department all filed comlllents after the deadline in the
Commission SJNotice for Comment. AT&T requested an extension to file its comments late, the
Department supplemented its earlier comments filed on time, and MClmetro replied to the
Department SJsupplemental comlllents and cOlllmented on a recent Utah decision on a similar motion
filed by Qwest in Utah. It does not appear that any party has been prejudiced by the late filing
comments.
United States Telecom Association v. FCC, 359 F.3d 554 (D.C. Cir. 2004),referred to
hereafter as USTA IT.
II.Parties rI:omments Regarding the Proposed Amendment to the ICA
No party contended that the proposed amendment to the ICA was not properly before the Commission
for review and approval.
MCln1etro and Qwest stated that the Amendment is consistent with prior Commission precedent and
recommended that it be approved. AT &T did not comment on this issue. The Department also
recommended approvaJ.3
III.Commission Analysis and Action Regarding the Proposed Amendment to the ICA
The Amendment essentially makes three changes to the ICA. First, the An1endment adds hot cut terms
and conditions to the ICA arrangements. Second, the Amendment provides that Qwest will not offer and,
MClmetro will not order unbundled mass market and enterprise switching and unbundled shared
transport in combination with other network elements as part of UNE- P. Third, the Amendment makes
line-splitting available for loops provided under the ICA.
The Amendment aloo states that MCImetro agrees that it will waive any rights under applicable law in
connection with obligations governed by sections 251 and 252. The Amendment allows either party
immediately, upon written notice to the other party, terminate the Amendment and MS Agreement if the
FCC, state commission or any governmental agency rejects or modifies any material provision of the
Amendment.
No party contended that it was not properly before the Commission for review and approval and no
party recommended against Commission approval of the Amendn1ent.
Under the Act, state commissions are to approve or reject such negotiated agreements, making written
findings as to any deficiencies. 47 U.C. ~ 252(e)(1). Negotiated agreements may be rejected for the
following reasons: (l) they discriminate against a telecommunications carrier who is not a party to the
agreement; (2) implementing them would be inconsistent with the public inter~st, convenience, and
necessity; (3) they conflict with any valid state law, including any applicable intrastate service quality
standards or requirements. 47 U.C. ~ 252(e)(2) and (3).
The Commission finds 1hat the terms of the Amendment do not violate any of the three standards set forth
in 47 U~S.C. ~ 252(e)(2) and (3). First, they do not discriminate against a telecommunications carrier
who is not a party to the agreement. Second, implementing them would be not be inconsistent with the
public interest, convenience, and necessity. And third, they do not conflict with any valid state law
including any applicable intrastate service quality standards or requirements. The Commission will
therefore approve the Amendment
3 In subsequent comments filed on October 1 , 2004, the Department raised a concern
regarding the failure to include Commission approved language regarding six subjects: disconnections
default, assignment, amendment, dispute resolution, and third party beneficiaries). The Department has
clarified that this concern applied not to the amendment to the interconnection agreement but to the
Master Service Agreement.
IV.Qwest SJMotion to Dismiss Petition Regarding Master Service Agreement
Qwest acknowledged that the amendment to its ICA with MClmetro was subject to the Commission
review and approval pursuant to Section 252 of the Federal Telecommunications Act of 1996 (the Act),
but contended that the MS Agreement was not subject to Sections 251 or 252 and, therefore not subject
to Commission review and approval.
Qwest cited two authorities that it argued established that the MS Agreement is not subject to either
section 251 or 252 and is therefore not subject to review and approval by the Commission.
First, Qwest cited the USTA II (March 2, 2004) decision.4 Qwest argued 1hat the MS
Agreement relates to network elements that USTA II makes clear are no longer required
to be unbundled pursuant to Section 251 or 252 of the Act.
Second, Qwest cited the October 2002 FCC declaratory order (Declaratory Order)
discusssing the scope of the mandatory filing requirement set forth in section 252(a)(l).
Qwest maintained that these two authorities read together definitively establish 1hat the MS Agreanent is
not subject to either section 251 or 252 and is therefore not subject to review and approval by the
Commission. Qwest stated that only agreements pertaining to the provision of services required under
Section 251 (b) and ( c) of the Act constitute liliterconnection agreements (Jhat must be filed under
Section 252. Qwest argued that since the MS Agreement did not pertain to the provision of an
lUnbundled network element cnnder Section 252( c) or to any other facility or service provided under
Section 251(b) or (c), it is not within the Section 252 filing requirement.
In addition, Qwest asserted that the FCC has exclusive jurisdiction over this contract, a contract for non-
251 network elements, for three reasons. First, Qwest argued that since in many cases the elements are
required under federal law to be provided on an unbundled basis by Regional Bell Operating Companies
(RBOCs) under Section 271 (c)(2)(B) of the Act, the unbundling obligation and the jurisdiction to review
the contracts for these elements is federal. Second, Qwest asserted that network elements remain
subject to federal jurisdiction even after they have been removed from the list of Section 251 (c )(3)
elements. Third, Qwest argued that contracts between carriers for netwoIk elements that do not meet the
lllecessary Land lllnpair (Jests fall within express federal filing jurisdiction.
4 See footnote 2.
Memorandum Opinion and Order In the Matter of Qwes't Communications International
Inc. Petition for DeclaratO1Y Ruling on the Scope of the Duty to File and Obtain Prior Approval
of Negotiated Contractual Arrangements Under Section 252(a)(l), WC Docket No, 02-89, 17
FCC Rcd 19337 2002 FCC Lexis 4929 (October 4, 2002) ~ 1.
Comments Regarding Qwest SJMotion to Dismiss MClmetro SJPetition With Respect
to the Master Service Agreement
The Department
The Department recOlnmended that the Commission deny Qwest SJmotion. The Department noted that
the services to be provided pursuant to the MS Agreement were switching and transport services. The
Department stated that the FCC 5Jlnterim Triennial Review Order (Interim TRO)6 , issued
August 20, 2004, reestablished Qwest 5Jobligation to provide switching and transport as section 251
unbundled network elements (UNEs). The Department reasoned that because these elements are 251
elements in accordance with the Interim TRO, the Comlnission is required to approve or reject the MS
Agreement in accordance with section 252. The Department stated that by simply placing the switching
and transport network elements into a commercial agreement, Qwest did not eliminate its 251/252
obligations for 1hose elements or 1he Commission SJauthority to review and approve that agreement.
AT&T
AT&T recommended that the Commission deny Qwest SJMotion and require Qwest to seek approval ofits Master Service (MS) Agreement.
AT&T cited Section 252( e)(1):
Any interconnection agreement adopted by negotiation or arbitration shall be submitted
for approval to the State commission.
AT&T noted that the FCC has declined to adopt a definitive interpretation of the term rnterconnection
agreement cas used in section 252(e). The Company noted that in the FCC SJDeclaratory Ruling, the
FCC stated:
We decline to establish an exhaustive, all-encompassing lihterconnection agreement 0
standard. 8
AT&T argued that the FCC has detennined that the scope of what must be filed is exceedingly broad
and has left the determination of what must be filed up to the states to make on a case-by-case basis.
In the Matter of Unbundled Access Network Elements Order and Notice of Proposed
Rulemaking, FCC 4-179 (August 20 2004).
7 47 D.C. 9252(e)(1).
Qwest Communications International Inc. fJPetitionfor Declaratory Ruling on the
Scope of the Duty to File and Obtain Prior Approval of Negotiated Contractual Arrangements
under Section 252(a)(1), WC Docket No. 02-, Memorandum Opinion and Order, FCC 02-276
(reI. Oct. 4, 2002), ~ 10.
9 Id.
AT&T stated that the FCC has provided guidance, however, defining the narrow scope of agreements
that need not be filed. AT &T stated that the FCC has specified the agreements not required for filing as
follows: those concerning dispute resolution, escalation provisions whose terms are not otherwise
publicly available, settlement agreements that do not affect an incumbent LEC SJongoing obligations
under section 251 , forms used to obtain service, and certain agreements entered into during
banlcruptcy.
AT&T asserted that Qwest made an improper distinction between agreements regarding provision of
network elements required by the FCC rule (agreements which Qwest agrees must be reviewed and
approved by the Commission) and agreements regarding the provision of other network elements
(agreements which, according to Qwest, need not be reviewed and approved by the Commission).
AT&T stated that the Act creates no such distinction. AT&T asserted that any request for network
elements, even if the element is not required by FCC rule, triggers the incumbent local exchange carrier
(LEC S) duty under Section 251 (c )(1) to negotiate in good faith in accordance with Section 252 and its
duty under Section 251 (c )(3) to provide such elements subject to good faith negotiations.
AT&T stated that whenever the incumbent LEC has agreed to provide network elements or their
functional equivalent, the agreement must be filed with the state cOlnmission for approval. AT&T stated
that Qwest SJinterpretation, that parties to an agreement to provide network elements could avoid
Commission review for approval simply by adopting certain contract language (stating, for example, that
the agreement was outside the purview of Sections 251 and 252) would render Section 252(e)(I)
meaningless .
VI.Commission Analysis and Action Regarding Qwest SJMotion to Dismiss
Having heard and considered the parties (Written and oral comments, the Commission will deny Qwest
motion. The COlnmission does not agree with Qwest SJassertion that the MS Agreement need not be
submitted to the Commission for review and approval.12
Qwest has asserted that agreements regarding network elements required to be provided by the Act
must be submitted to state commissions for their review but 'that agreements (such as the MS Agreelnent)
that provide for other network elements may be fonned and implemented without commission review and
approval. The Commission does not find the distinction that Qwest asserts between agreements
regarding network elements required to be provided and agreements to provide other network elements.
All negotiated agreements for network elements must be filed with the Commission for approval.
10 Id. ~~ 9, 12-14.
II Section 252( e)( 1) states: lAny interconnection agreement adopted by negotiation or
arbitration shall be submitted for approval to the State commission. 047 v.C. ~ 252(e)(l).
12 The Department SJargUlnent that the FCC SJlnterim Triennial Review Order issued
August 20, 2004 reestablished Qwest SJobligation to provide switching and transport as section 251
UNEs leads to the same result.
ORDER NO. 04-661
Qwest has no obligation to file the QPP Agreement and the Commission has no authority
to review and approve it" ~nder g252.
Qwest further argues that agreements pertaining to non-g251 network
elelnents-switching and shared transport in this instance-are subject to exclusive federal
jurisdiction. This includes, for example, network elelnents that have been removed from
the FCC's list of unbundled network elements but which still must be unbundled pursuant
to g271 of the Act. Qwest asserts that the filing and review of Agreements entered into
pursuant to g271 "is a federal In att er which has not been delegated to the states.
Likewise, Qwest adds, cOlnpliance with other federal statutory requirelnents is within the
exclusive purview of the FCC.6 Qwest contends that state filing requirelnents "would
conflict irreconcilably" with the existing federal regulatory regime established to deal with
contracts for interconnection services and elements not covered by g251.
MC!, AT&T and the COlmnission Staff advance nmnerous argulnents in
opposition to Qwest's Motion. Rather than address these matters at length, it is necessary
to focus only upon the FCC's recent Order and Notice of Proposed Rulemaldng8 (Interim
Rules Order), that continued, by temporary rule, the requirement for inculnbent LECs to
provide network elements, including the switching and shared transport elelnents
encompassed by the QPP Agreelnent. The Interim Rules Order at Paragraph 16, states:
Specifically, we conclude that the appropriate interiIn approach here
is to require incumbent LECs to continue providing unbundled
access to switching, enterprise market loops, and dedicated transport
under the saIne rates, terms, and conditions that applied under their
interconnection Agreements as of June 15 2004. These rates, tenns
and conditions shall remain in place until the earlier of the effective
date of final unbundling rules promulgated by the Commission or
six months after the Federal Register publication of the Order
except to the extent that they are or have been superceded by (1)
voluntary negotiated Agreements, (2) an intervening Commission
order affecting specific unbundling obligations (e., an order
addressing a pending petition for reconsideration), or (3) (with
respect to rates only) a state public utility cOll1illission order raising
the rates for network elelnents.
Likewise, at Paragraph 20 the FCC states:
4 Qwest Motion at 7.
Id. at 8.
6por example, Qwest notes that the FCC has the authority to require filing of contracts to provide network
elements that do not meet the "necessary and impair" test (in g251(d)), to ensure that such Agreements
comply with g202 of the Act regarding non-discrimination. Id. at 9.
Id. at 10.
Order and Notice of Proposed Rulemaking, FCC 04-179, we Docket 04-313 (released August 20, 2004).
ORDER NO. 04-661
Our interim requirements will, during the first six months of our
year-long plan, maintain existing unbundling obligations to
minilnize disruptive effects and marketplace uncertainty that
otherwise would result frOln the abrupt elimination of particular
unbundling requirements.
It is clear from these statements that the purpose of the Interim Rules Order
is to continue the ~251 unbundling obligations of incumbent LECs until such time as
pennanent rules can be adopted. Since Qwest remains obligated to continue providing
unbundled access to the network elements included in the QPP, the QPP is an
interconnection agreement that must be filed for state cOlmnission approval pursuant to
~252 of the Act.
Qwest claims that the Interim Rules Orderdoes not require the QPP to be
filed with state cOlnmissions because incumbent LECs are no longer required under
~ ~251 (b) or ( c) to provide switching and transport network elements, thereby excluding the
QPP from being considered an interconnection agreement under the FCC'Declaratory
Order.The Interim Rules Order however
, "
maintain(s) existing unbundling obligations
promulgated by the FCC prior to the effective date of the UST A 11 decision. 10 To the
extent Qwest retains an "ongoing obligation pertaining to . . . unbundled elements " the
QPP is properly considered as an interconnection agreelnent under the terms of the
Declaratory Order.
) )
Qwest points to the language in Paragraph 16 of the Interim Rules Order
cited above, and elnphasizes that the QPP is a voluntarily negotiated agreement which has
superceded the pre-existing rates, tenDS and conditions applicable to unbundled switching
and transport elelnents. While Qwest and MCI lnay have agreed to different rates, terms
and conditions in the QPP, the fact remains that Qwest continues to be obligated by the
Interim Rules Order to provide unbundled access to these network elements.
Finally, the Interim Rules Order includes a Notice of Proposed Rulelnaking
that seeks COlmnent regarding whether commercially negotiated agreelnents for access to
unbundled elements that are not required to be unbundled pursuant to ~251(c)(3) should be
treated under ~252 or SOlne other provisions of law. This inquiry suggests that the FCC
does not preclude state cOlmnissions from requiring such filings. Indeed, the FCC'
Declaratory Ruling declines to "establish an exhaustive, all-encompassing 'interconnection
9 As noted above
, the Declaratory Order provides "that an agreement that creates an ongoing obligation
pertaining to (section 251(b) and (c) requirements) is an interconnection agreement that must be filed (with
state commissions) pursuant to section 252(a)(1).Declaratory Order at Paragraph 8.
10 On October 6, 2004, the DC Circuit issued an order holding in abeyance until January 4 2005, a petition
for mandamus seeking to overturn the FCC'Interim Rules Order. As a consequence, the ILECs remain
obligated to continue providing unbundled access to network elements consistent with the terms and
conditions set forth in the Interim Rules Order.
11
Declaratory Order at Paragraph 8.
ORDER NO. 04-661
MCl or one of its affiliates lnay in the future enter into with Qwest
and MCl waives any right under applicable law in connection
therewith. (Emphasis Added.
We admowledge the parties' desire to lnove the provision ofUNE-P out of
its existing interconnection agreelnent and into a separate commercial agreelnent. In doing
, however, the parties agreed that the commercial agreement would not be subj ect to our
review pursuant to 9252 of the Act. Accordingly, the highlighted language conflicts with
our determination above that, because Qwest relnains obligated to continue providing
unbundled access to the network elelnents included in the QPP Agreelnent, the QPP
Agreement is an interconnection agreelnent that lnust be filed for state commission
approval pursuant to 9252 of the Act.
As Staff notes, parties may negotiate to change the rates, temis
and conditions of interconnection agreelnents; however, they cannot negotiate away the
filing requirements set forth in 9252. We agree with Staff that the lCA Amenchnent and
related QPP Agreelnent are contrary to law and the public interest, convenience, and
necessity. The agreements should be rejected.
ORDER NO. 04-661
ORDER
IT IS ORDERED that the ICA Amendment and QPP Agreement between
Qwest ColTIlTIunications and MChnetro Access Transmission Services, L., are
rej ected.
Made, entered, and effective
Lee Beyer
Chainnan
John Savage
COlrumssioner
Ray Baum
Commissioner
A party may request rehearing or reconsideration of this order pursuant to ORS 756.561. A
request for rehearing or reconsideration must be filed with the Commission within 60 days of
the date of service of this order. The request must comply with the requirements in
OAR 860-014-0095. A copy of any such request must also be served on each party to the
proceeding as provided by OAR 860-013-0070(2). A party may appeal this order to a court
pursuant to applicable law.
- BEFORE THE PUBLIC SERVICE COMMISSION OF UTAH -
- - -- --- - - --- --- - ---- - ---- --- -- - - -- ---- - -------- -- --- --- ------- - -- ---- -- -- -- --
In the Matter of the Interconnection
Agreement Between Qwest Corporation
and MClmetro Access Transmission
Services, LLC for Approval of an
Amendment for Elimination ofUNE-P and
Implenlentation of Batch Hot Cut Process
and QPP Master Service Agreement
DOCKET NO. 04-2245-
ORDER DENYING
MOTION TO DISMISS
- --- --- - ----- - -- -- --- ---- --- ---- ---- -- ---- ------ ---- -- -- ----- -- --- - - - - -- -- ----
ISSUED: September 30, 2004
By The Commission:
On July 27, 2004, MCl1netro Access Transmission Services, LLC (MCI) filed with the
Commission two documents - 1. An Amendment to Interconnection Agreement for Elimination of
UNE- P and Implementation of Batch Hot Cut Process and Discounts (Interconnection Agreelnent
Amendment), and 2. A Master Service Agreement for the Provision of Qwest Platfonn Plus Service
(QPP Service Agreement). The Interconnection Agreement Amendment essentially makes three changes
to an existing interconnection agreement between MCr and Qwest Corporation (Qwest). They are -
Adding the terms and conditions for hot cut batches, 2. An agreement that Qwest will not offer, nor will
MCI order, unbundled mass market switching, unbundled enterprise switching or unbundled shared
transport as part of the unbundled network element platform (UNE- P) out of the existing interconnection
agreelnent or other agreement governed by 47 U.C. 9~ 251 and 252, and 3. The availability of line
splitting for loops provided pursuant to the existing interconnection agreement. The QPP Service
Agreement is a voluntarily negotiated agreement between MCI and Qwest by which Qwest will provide
services (QPP services) consisting of "the Local Switching Network Elelnent (including the basic
http://www.psc.utah.gov/telecoml040rders/Sep/0422450 1 od.htm 1/10/2005
switching function, the port, plus the features, functions, and capabilities of the Switch including all
compatible and available vertical features, such as hunting and anonymous call rejection, provided by
the Qwest switch) and the Shared Transport Network Element in combination, at a minimum to the
extent available on UNE-P under the applicable interconnection agreement or SGA T where MCI has
opted into an SGAT as its interconnection agreement (collectively, "ICAs ) as the same existed on June
, 2004." The QPP Service Agreement also provides that Qwest will combine the QPP services with
loops which MCI may have obtained through other interconnection agreements. The QPP Service
Agreement further provides for the performance targets and the recurring and nonrecuning charges for
QPP services. Through its filing, MCI requested Commission review and approval of the
Interconnection Agreement Amendment and the QPP Service Agreement.
On August 13 , 2004 Qwest filed a Motion to Dismiss Application for Approval of
Negotiated Commercial Agreelnent (Dismissal Motion). Qwest agrees that the Interconnection
Agreement Amendment is subj ect to filing and Col11illission review and approval, but argues that is not
the case for the QPP Service Agreement. Qwest argues that the QPP Service Agreement does not need
to be submitted to the Commission pursuant to 47 U.~252. Qwest argues that the QPP services are
not required to be provided pursuant to 47 U.~251 (b) and ( c). Qwest therefore concludes that the
QPP Service Agreement is not an interconnection agreement which is subject to the Commission
review and approval under ~252. Qwest argues that the Commission has no authority under federal or
state law to review or approve the QPP Services Agreement. Multiple parties filed opposition to the
Dismissal Motion. On August 23, 2004, MCI filed its Response to Qwest's Motion to Dismiss. On
August 27 , 2004, the Division of Public Utilities (Division) filed its Response in Opposition to the
Motion of Qwest to Dismiss and Application for Approval of an Interconnection Agreement. On August
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, 2004, AT&T Communications of the Mountain States, Inc., and TCG Utah (ATT) filed ATT'
Response to MCI's Agreement Filing and Qwest's Motion to Dismiss c:;? . On August 31 , 2004, and
again on September 9, 2004, Qwest replied to the opposing arguments of MCI, the Division and ATT.
We conclude that Qwest's argument is in error. We conclude that the QPP Service Agreement should be
filed and that the Commission does have authority to review and approve the QPP Service Agreement.
DISCUSSION
Much of the parties' argument is based upon the application of 47 U.C. ~9 251 and 252
provisions and two FCC decisions. c:;? With respect to agreement submission to state colnmissions, 47
C. 9252 provides, in relevant part:
(a) Agreelnents Arrived At Through Negotiation. - (1) Voluntary Negotiations. - Upon
receiving a request for interconnection, services, or network elements pursuant to section
251 , an incumbent local exchange carrier may negotiate and inter into a binding
agreement with the requesting telecommunications carrier or carriers without regard to
the standards set forth in subsection (b) and (c) of section 251. The agreement shall
include a detailed schedule of itemized charges for interconnection and each service or
network element included in the agreement. The agreement including any
interconnection agreement negotiated before the date of enactment of the
Telecommunications Act of 1996, shall be submitted to the State commission under
subsection ( e) of this section.
(e) Approval By State Commission. (1) Approval Required. - Any interconnection
agreement adopted by negotiation or arbitration s hall be submitted for a pproval to the
State Commission. A State Commission to which an agreement is submitted shall
approve or reject the agreement, with written findings as to any deficiencies. (2) Grounds
for Rejection. - The State Commission may only reject - (A) an agreement (or any
portion thereof) adopted by negotiation under subsection (a) if it finds that - (i) the
agreement (or portion thereof) discriminates against a telecommunications carrier not a
party to the agreement, or (ii) the implementation of such agreement or portion is not
consistent with the public interest, convenience, and necessity; or (B) an agreement (or
portion thereof) adopted by arbitration under subsection (b) if it finds that the agreement
does not meet the requirements of section 251 , including the regulations prescribed by
the Commission pursuant to section 251 , or the standards set forth in subsection (d) of
this section.
Although this language gives an unambiguous directive that an agreement "shall be
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submitted to the State commission Qwest argues that a decision of the Federal Communications
Commission (FCC) requires a different result.
In In the Matter of Qwest Communications International, Inc. Petition for Declaratory
Ruling on the Scope of the Duty to File and Obtain Prior Approval of Negotiated Contractual
Arrangements under Section 252(a)(1), WCDocket No. 02-, 17 FCC Rcd 19337, 2002 FCC Lexis
4929 (October 4, 2002) (Declaratory Order) the FCC responded to a request for guidance about the
types of negotiated contractual arrangements that should be subject to the filing requirement of ~252(a)
(1). Before the FCC Qwest argued that agreements subject to "the filing requirement are those that
include (i) a description of the service or network element being offered; (ii) the various options
available to the requesting carrier (e., loop capacities) and any binding contractual commitments
regarding the quality or performance of the service or network element; and (iii) the rate structures and
rate levels associated with each such option (e., recurring and non-recurring charges, volume or term
commitments).Id.at 8if 2. As part of Qwest's argument , Qwest maintained that only limited portions of
an agreement (a schedule of itemized charges and associated descriptions of the services to which the
charges apply) should be filed. Qwest also argued that agreements concerning network elements that
have been removed from the national list of elements subject to mandatory unbundling need not be filed.
Id.at 8if8if , 5 and 8. Commenters opposed the narrow reading of the filing statute proposed by Qwest.
Some sought a filing requirement for all types of agreements, hoping to avoid any question of what
types of agreements should be filed. Id.at 8if 5 and fn. 26.
In reaching its resolution, the FCC first noted that it is the state commissions who will
determine what agreements are subject to the filing requirement. Id.at 8if 7. "Based on their statutory
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~~-~~-~ ~ ,_. ~ . --.- ~~~- ---';---0-'- -- -
role provided by Congress and their experience to date, state commissions are well positioned to decide
on a c ase-by-case basis whether a particular agreement is required to b e filed as an 'interconnection
agreelnent' and , if so, whether it should be approved or rejected.Id.at 1 10. The FCC's conclusion on
the issue presented was that "an agreement that creates an ongoing obligation pertaining to resale
number portability, dialing 'parity, access to rights-of-way, reciprocal compensation, interconnection
unbundled network elements, or collocation is an interconnection agreement that must be filed pursuant
to section 252(a)(I).Id.at 'if 8. The QPP Service Agreement is subject to the filing requirement
required by the statute and under the Declaratory Order s conclusion. Its terms fall within 9252's rubric
of "interconnection, services, or network elements its terms deal with network elements and the
compensation to be paid for them. QPP services are unavoidably network elements under 47 V.9153
(45)'s definition. The QPP Service Agreement addresses ongoing obligations for matters within the list
give by the FCC in the Declaratory Order decision.
Qwest's argument before us, for a contrary conclusion, is similar to its argument before
the FCC vis only agreements dealing with network elements wruch a carrier does not voluntarily
agree to provide, but is compelled to provide through the FCC's determination under 9251(d)'s
necessary" and "impair" analysis, trigger ~252 (a)(I)'s filing requirelnent. Qwest's position is based on
language contained in footnote 26 of the Declaratory Order. v There, the FCC states:
We therefore disagree with the parties that advocate the filing of all agreements between
an incumbent LEC and a requesting carrier. See Office of the New Mexico Attoll1ey
General and the Iowa Office of Consulner Advocate Comments at 5. Instead, we find that
only those agreements that contain an ongoing obligation relating to section 251 (b) or ( c)
must be filed under 252(a)(I). Similarly, we decline Touch America s suggestion to
require Qwest to file with us, under section 211 , all agreements to competitive LECs
entered into as "settlements of disputes" and publish those terms as 'generally available
terms for all competitive LECs. Touch America Comments at 10, citing 47 V.C. 9211.
We do not apply this language in as limiting a fashion as advocated by Qwest. We consider the FCC'
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footnote 26 language as addressing the contentions made by the comments identified therein. These
comments had advocated that the ~252(a)(1) filing requirement should be applied to every agreement
between an incumbent LEC and another carrier. It was also suggested that 9252 included settlement
agreements that resolved past disputes. The FCC rejected these comments, concluding that agreements
that should be filed are not every type of agreement between carriers, but interconnection agreements
those that deal with ongoing obligations dealing with resale, number portability, dialing parity, access to
rights-of-way, reciprocal compensation, interconnection,. unbundled network elements, or collocation.
Id.at ~ 8. C? The language from the footnote must be considered in conjunction with the language used
in the body of the Declaratory Order and the statutory language. The operative consideration is whether
the agreement's terms address or create an ongoing obligation dealing with interconnection , services or
network elements.
Reading ~252's filling requirement, and state commission approval or rejection, to apply
only to an agreement whose terms address a compelled ~251 matter, rather than to all interconnection
agreements dealing with such matters (whether included by voluntary negotiation or by compulsion),
completely ignores the specific language of the statute. Congress did task the FCC with responsibility to
determine what minimal access to network elements, required under ~251(c)(3), would be compelled
through ~252(d)'s "necessary" and "impair" standards. But in wording ~252 , Congress did not restrict
the need to file agreements with state commissions to only those agreen1ents whose terms address
interconnection, services, or network element matters by compulsory mandate related to ~251 (b) or (c).
Congress created a wider ambit. Congress required filing and state commission approval or rejection of
agreements where the incumbent local exchange carrier "negotiate ( s J and enter ( s J into a binding
agreelTIent with a requesting telecollllTIunications carrier or carriers without regard to the standards set
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furth in subsection (b) or (0 of section 251.The agreement shall be submitted to the State
commission under subsection (e) of this section.
" \?
47 D.C. ~252(a)(l). Congress clearly anticipated
agreements that would not be driven by ~251(b) or (c). It required these agreements to be filed with and
reviewed by state commissions. To do otherwise fails to give any attention to the specific language
Congress used in enacting ~252.
That Congress includes all interconnection agreements for state commission filing and
review, and not just those that address compelled interconnection terms, is not unwarranted. Qwest's
limitation, to include only agreements whose terms address network elements whose provision is
compelled, fails to recognize the differing concerns contemplated by Congress. The criteria by which the
FCC is to base compelled provision are not coterminous with the criteria by which a state commission is
to approve or reject an agreement. Mandatory provision is minimally based upon 9251(d)(2)'s test that
access to a proprietary network element is necessary and that lack of access to a network element
impairs a carrier s ability to provide services. 47 D.C. ~252(d)(2)(A) and (B). State commission
review of an agreement is based on entirely different criteria. A state commission can only reject a
voluntarily negotiated agreement if the state col111nission finds that the agreement discriminates against a
telecommunications carrier not a party to the agreement, or that implementation of the agreement is not
consistent with the public interest, convenience and necessity. 47 D.9252(e)(2)(A). A state
commission can reject an arbitrated agreement if it finds the agreement does not meet the requirements
of ~251 or ~252(d). \? 47 D.C. ~252(e)(2)(B). Compelled aspects are driven by concerns for the
interests of the requesting carrier. Filing and state commission review are driven by concerns for
interests of other entities and public interests. These concerns go beyond those relating to the incumbent
carrier and the intercolmecting carrier whose agreement is at issue.
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We address Qwest's argument based on the U.S. Court of Appeals decision found in
United States Telephone Association FCC, 359 F.3d 554 (D C, Cir. 2004) (USTA II), only to note that
Qwest's argument is based on Qwest's flawed view that ~252 filing and review is limited to agreements
dealing with network elements whose provision is compelled under the "necessary" and "impair
standards of ~251(d). In USTA II the court vacated the FCC's determinations identifying which network
elements fell within the impainnent analysis of ~251(d) and the FCC's delegation to state commissions
to l11ake further, limited impainnent determinations. As argued by Qwest
, "
Qwest is no longer obligated
to provide unbundled access to local switching or shared transport pursuant to section 251 of the federal
Act. . . . (A)n agreement relating to these elements is not required to be filed for approval pursuant to
section 252" Qwest Corporation s Joint Reply to MCIMetro, AT&T and the Division of Public Utilities
in Support of Its Motion to Dismiss, at 3.
As discussed above, our conclusion is not based on any notion that the network elements
covered by the QPP Services Agreement are provided under ~251 impairment compulsion (whether the
impairment determination is made by the FCC or a state commission pursuant to a purported FCC
delegation). Our conclusion is based upon Congress' unambiguous statutory language that voluntarily
negotiated agreements made "without regard to the standards set forth in subsections (b) or (c) of section
251 . . . shall be submitted to the State commission under subsection (e) of this section (252)." 47 U.
~252(a)(l). Congress' ~252 wording makes Qwest's argument based on ~251 compulsion standards for
network elements irrelevant. Indeed Congress' language can easily be viewed as directly contradicting
the position advocated by Qwest. Section 252 filing and review is not limited by ~251 compulsory
provision detenninations, it is required in spite of such determinations.
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~ ~ ~~~- ~ . , ~. ~ . -- . - ~- -.---J ---0 -,
Based upon our discussion and conclusion made herein, we direct that any
interconnection agreement which creates or addresses an ongoing obligation of an incumbent local
exchange carrier for interconnection, services or network elements must be filed with us and is subject
to our review for approval or rejection pursuant to 47 U.C. ~252. Wherefore, both the Interconnection
Agreement Amendment and the QPP Services Agreement, submitted by MClmetro on July , 2004
are properly filed with the Commission and can be reviewed by the Commission for approval or
rejection. We therefore enter this ORDER denying Qwest's Motion to Dislniss.
DATED at Salt Lake City, Utah, this 30th day of September, 2004.
Isl Ric Campbell, Chairman
Isl Constance B. White. Commissioner
Isl Ted Boyer. Commissioner
Attest:
Isl Julie Orchard
Coll1lnission Secretary
GW#40491
http://www.psc.utah.gov/telecoml040rders/Sep/0422450 1 od.htm 1/10/2005
(Service Date October 20, 2004)
BEFORE THE WASHINGTON STATE
UTILITIES AND TRANSPORTATION COMMISSION
In the Matter of Request of
DOCKET NO. UT-960310
) DOCKET NO. UT-043084
) ORDER NO.
MCIMETRO ACCESS
TRANSMISSION SERVICES, LLC
and
QWEST CORPORATION
For Approval of Negotiated
Interconnection Agreement, m its
Entirety, Under the
Telecommunications Act of 1996
ORDER APPROVING
NEGOTIA TED
INTERCONNECTION
AGREEMENT IN ITS ENTIRETY
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Synopsis: The Commission grants the request of MC/metro for approval of the
Thirteenth Amendment to the negotiated interconnection agreement between MC/metro
and Qwest, including a portion denominated UMaster Service Agreement for the
Provision of Qwest Platform Plus." The QPP and Thirteenth Amendment are parts of
an integrated agreement. The agreement does not discriminate against any carrier not a
party to the agreement, is consistent with state and federal law, and is consistent with the
public interest, convenience, and necessity.
INTRODUCTION
This Order concerns approval of a negotiated mterconnection agreement
between Qwest Corporation and MCImetro Access Transmission Services, LLC,
after Qwest objected to Commission review of a part of the agreement and
asserted the Commission lacks jurisdiction to require filing and review of that
part of the agreement.
DOCKET NO. UT-960310 and UT-043084
ORDER NO. 01
PAGE 2
The Commission took up this matter at a regularly scheduled Open Meeting held
on October 13, 2004, after due and proper notice. The Commission has
jurisdiction over the matter pursuant to RCW 80.01.040, Chapter 80.04 RCW, and
RCW 80.36.610(1). This decision is permitted and contemplated for a state
commission by Section 252(e) of the federal Telecommunications Act of 1996
(Act). 47 C. 252(e). The Commission s administrative rules for review and
approval of all interconnection agreements under the Act are set forth in WAC
480-04-640.
The Commission approved an interconnection agreement between the parties on
August 18, 1997, a first amended agreement on December 29, 1999, a second
amended agreement on March 28, 2001, a third amended agreement on
October 31, 2001, a fourth amended agreement on November 28, 2001, a fifth
amended agreement on October 30, 2002, a sixth amended agreement on
November 15, 2002, a seventh amended agreement on December 31,2002, an
eighth amended agreement on March 26, 2003, a ninth amended agreement on
April 30, 2003, a tenth amended agreement on September 10,2003, an eleventh
amended agreement on March 24, 2004, and a twelfth amended agreement on
June 30, 2004. The Commission ordered that in the event the parties amended
their agreement, the amended agreement would be deemed a new agreement
under the Telecom Act and must be submitted to the Commission for approval.
II.QUESTIONS PRESENTED
MCImetro Access Transmission Services, LLC, (MCI) has requested the
Commission approve under Section 252(e) the Amendment to Interconnection
Agreement for Elimination of UNE-P and Implementation of Batch Hot Cut Process and
Discounts (hereafter Thirteenth Amendment)l and also approve the Qwest Platform
The Thirteenth Amendment adds terms and conditions for a batch hot cut process, and stipulates
that Qwest will not offer, and MCI will not order, unbundled mass market switching, unbundled
enterprise switching or unbundled shared transport as part of the unbundled network element
DOCKET NO. UT -960310 and UT -043084
ORDER NO. 01
PAGE 3
Plus Master Service Agreement (QPP)2 between MCI and Qwest as a part of an
interconnection agreement between the two companies.
Qwest requests approval of the Thirteenth Amendment but opposes approval of
the QPP on the basis that the QPP is not a negotiated interconnection agreement
but a
/I commercial agreement" beyond the jurisdiction of the Commission.
Qwest also contends the Commission is preempted from reviewing the QPP.
The questions before the Commission are: (1) whether the QPP is part of a
negotiated interconnection agreement, and (2) whether the negotiated
interconnection agreement is nondiscriminatory, consistent with state and
federal law, and consistent with the public interest, convenience, and necessity.
III.POSITIONS OF PARTIES
Qwest
Qwest asserts that the QPP contains terms for providing switching and shared
transport elements that Qwest is no longer required to provide pursuant to
Section 251 (as a result of the USTA II decision ), but that Qwest is nonetheless
required to provide under Section 271 (c)(2)(B). Qwest argues that it is therefore
not required to file such an agreement with a state commission and the state
commission lacks authority under Section 252 to review and approve the
platform out of the existing interconnection agreement or other agreement governed by 47 D.
SS 251 and 252, and addresses the availability of line splitting.
2 The QPP is composed of the "Master Services Agreement," the "Service Exhibit 1-0west
Platform Plus Service," and the "QPP Rate Page- Washington.
The QPP offers local switching and shared transport for residential and business service
as well as Centrex, payphone access lines, and to serve PBXs. QPP 9I 1.1. Local switching and
shared transport are network elements. The QPP is a six-page description of how network
elements and associated services will be provided. The "QPP Rate Page - Washington" contains
in excess of one hundred separate rates for itemized elements and services.
United States Telecom Ass n v. Federal Communications Comm 359 F.3d 554 (D.c. Cir. 2004).
DOCKET NO. UT -960310 and UT -043084
ORDER NO.
PAGE 4
agreement. ld. at ill. It bases its argument ld. at fi 12 -, on a footnote to the
Qwest Declaratory Order,in which the FCC stated (in footnote 26):
We therefore disagree with the parties that adv~cate the filing of all
agreements between an incumbent LEC and a requesting carrier.
See Office of the New Mexico Attorney General and the Iowa Office
of Consumer Advocate Comments at 5. Instead, we find that only
those agreements that contain an ongoing obligation relating
section 251(b) or (c) must be filed under 252(a)(1). Similarly, we
decline Touch America s suggestion to require Qwest to file with
us, under section 211, all agreements with competitive LECs
entered into as "settlements of disputes" and publish those terms
as "generally available" terms for all competitive LECs. Touch
America Comments at 10, citing 47 D.C. 9211.
Qwest also argues that agreements that make switching and shared transport
available are subject to exclusive federal jurisdiction. ld. at 115-20.
AT&T
AT&T refutes Qwest's argument that only agreements adopted under Sections
251(b) and (c) of the Act need be filed for Commission approval. AT&T states
that the QPP is an "interconnection agreement adopted by negotiation" subject
the filing requirement w1.der Section 252(e)(1) and that Section 252(e)(1) is clear
on its face and requires " any" interconnection agreement to be filed. AT&T
Response, at 3. Further, AT&T states the QPP and the Thirteenth Amendment
constitute an agreement that creates an "ongoing obligation" and is therefore the
type of agreement the FCC requires to be submitted to a state commission. ld. at
4 In the Matter of Qwest Communications International Inc.Petition for Declaratory Ruling on the
Scope of the Duty to File and Obtain Prior Approval of Negotiated Contmctual Arrangements under
Section 252(a)(1), 17 FCC Red. 19337 (October 4,2002).
DOCKET NO. UT -960310 and UT -043084
ORDER NO. 01
PAGE 5
AT&T states its concern that if Qwest is not required to file the QPP, then the
QPP and similar negotiated agreements will not be examined to determine if
they are discriminatory. AT&T takes issue with Qwest's contention that the
agreement was not entered into "pursuant to Section 251." AT&T notes that all
carriers have a duty to interconnect under Section 251(a)(1) and therefore the
QPP is entered into in fulfillment of that Section 251 duty; if Qwest had balked at
providing the network elements, Mcr could have invoked its right to arbitrate
under Section 252. AT&T states that even if that were not true, the QPP is still a
negotiated agreement with the meaning of Section 252(a)(1) even if it was
negotiated "without regard to the standards in (9 251(b) and (c).
)"
ld. at
AT&T also rebuts Qwest's assertion that because Qwest is providing the
elements :in the QPP pursuant to Section 271(c)(2)(B) and not Section 251(c) it is
not required to file the QPP. AT&T points out that under Section 271, Qwest'
authority to provide in-region long distance service :in Washington is
conditioned on Qwest offering competitive checklist items pursuant to "bfidfig
agreements that have been approved under section 252 . . ..ld. at 10-11. AT&T
cites language from a Section 271 application case in which the FCC stated that a
Bell Operating Company is only "providing" a checklist item if it has a "concrete
and specific legal obligation to furnish the item upon request pursuant to state-
approved interconnection agreements that set forth prices and other terms and
conditions for each checklist item.ld. at 12.
Ffially, AT&T pofits out that other state commissions, namely Texas, Michigan,
Ohio, and Kansas have found that such agreements must be filed with state
commissions. ld. at 13-14.
MCI
Mcr also rebuts Qwest's arguments in opposition to its request for approval
MCr states that the FCC historically has taken a broad view of the Section
DOCKET NO. UT-960310 and UT-043084
ORDER NO. 01
PAGE 6
252(a)(1) filing requirement and recently has provided, in the Qwest Declaratory
Order,a broad definition of what constitutes an interconnection agreement that
must be filed pursuant to Section 252(a)(1). MCl Response at fi 7-8. MCI also
cites a recent FCC order issued in August of 2004, and a concurring statement by
FCC Commissioner Abernathy, for the proposition that the FCC has not settled
the issue of whether commercially negotiated agreements for access to network
elements that are not required to be unbundled under Section 251 (c)(3) should
fall within Section 252. ld. at fi9-11. MCI states that the FCC has left the first
determination of what is an interconnection agreement to the states, and in any
case, did not address the more general Section 252( e) filing requirement (as
opposed to the Section 252(a)(1) filing requirement) in the declaratory ruling on
which Qwest relies for its theory. ld. at fi 14-15.
MCI points out that the Commission s rule, WAC 480-07-640, requires all
agreements that are required to be filed under Section 252 to be filed with and
approved by the Commission, including all attachments and appendices. ld.
16-17. MC! states that, at a minimum, the QPP is an attachment to the
documents that even Qwest agrees constitute an amendment to an
. interconnection agreement that must be filed with and approved by the
Commission. ld. at i17. MC! indicates that if approved, the agreement would
be available to other carriers as provided for in Section 252(i). MClmetro Request
at
Commission Staff
Commission Staff states the QPP is subject to the Section 252 filing requirement
because it offers network elements and services that are contemplated by Section
In the Matter of Qwest Communications International Inc. Petition for Declaratory Ruling on the
Scope of the Duty to File and Obtain Prior Approval of Negotiated Contractual Arrangements under
Section 252(a)(1), 17 FCC Red. 19337 (October 4, 2002).
DOCKET NO. UT-960310 and UT-O43084
ORDER NO. 01
PAGE 7
252 of the Act. Open Meeting Memo, at 5. Commission Staff asserts the FCC has
never suggested that agreements resulting from commercial negotiations should
be regarded as anything other than interconnection agreements. Commission
Staff asserts the FCC has stated in several decisions that state commissions are in
the best position to determine which agreements must be filed. Id. at
Commission Staff also asserts approval of the QPP, which would permit other
carriers to adopt it as an agreement, would provide more certainty to carriers
than is provided by Qwest's posting the QPP on Qwest's wholesale website. Id.
at 6. Commission Staff asserts there is no exception to Section 252(e) filing
requirements for negotiated interconnection agreements offering network
elements not required to be offered under Section 251(d), or those offered to
fulfill Section 271 obligations. Id. Commission Staff also contends that filing the
QPP is necessary for MCI and Qwest to meet the " completeness" requirement of
the Commission s interconnection agreement filing rule, WAC 480-07-640.
Commission Staff states it has reviewed the QPP and the Thirteenth Amendment
and determined that they do not discriminate against carriers that are not parties
to the agreemffit, that the QPP and Thirteenth Amendment are consistent with
state and federal law, and that the QPP and Thirteenth Amendment are consistent
with the public interest, convenience, and necessity.
IV.COMMISSION DISCUSSION AND DECISION
The federal Telecommunications Act of 1996 (the Act) states "(a)ny
interconnection agreement adopted by negotiation. . . shall be submitted for
apprbval to the State commission." 47 C. 252(e)(1). RCW 80.36.610(1)
grants the Commission authority "to take actions, conduct proceedings, and
enter orders as permitted or contemplated.
. .
under the federal
telecommunications act of 1996.
DOCKET NO. UT-960310 and UT-043084
ORDER NO. 01
PAGE 8
19'Congress provided state commissions the authority to reject a negotiated
interconnection agreement that discriminates against carriers not a party to the
agreement, and to reject a negotiated interconnection agreement that is not
consistent with the public interest, convenience, and necessity. 47 C.
252 (e)(2)(A).
In its Qwest Declaratory Order,the FCC stated:
Based on their statutory role provided by Congress and their
experience to date, state commissions are well positioned to decide
on a case-by-case basis whether a particular agreement is required
to be filed as an "mterconnection agreement" and, if so, whether it
should be approved or rejected.
It is unnecessary for us to decide whether Section 252(a)(1) and (e) would apply
to an agreement that pertained solely to the provision of a network element that
was not required to be unbundled pursuant to FCC rules implementing Eections
251 (c), because we conclude that the Thirteenth Amendment and the QPP are part
of one mtegrated agreement pertammg to Inatters that mdisputably are subject
the Section 252 filing and approval requirements for negotiated mterconnection
agreements.
Qwest concedes that the Thirteenth Amendment is a fully negotiated
mterconnection agreement. MCImetro Request for Approval, at 1; Qwest Request for
Approval, at 1. 7
In the Matter of Qwest Communications International Inc.Petition for Declaratory Ruling on the
Scope of the Duty to File and Obtain Prior Approval of Negotiated Contractual Arrangements under
Section 252(a)(1), 17 FCC Red. 19337, 'If 10 (October 4,2002).
Qwest submitted its August 4,2004, request on a form approved by the Commission. The form
states the request is for approval of a "fully negotiated amendment to an interconnection
agreement.
DOCKET NO. UT-960310 and UT-043084
ORDER NO. 01
PAGE 9
Both the Thirteenth Alnendment and the QPP state that Qwest and MCI
contemporaneously entered into the QPP and the Thirteenth Amendment
provide MCI with
/I services technically and functionally equivalent" to the
unbundled network element platform (UNE-P) arrangements as they existed
under the companies' interconnection agreements on June 14 , 2004 Gust prior to
the expiration of the USTA II court's stay of its vacatur of the FCC's unbundling
rules for switching and dedicated transport). Qwest Master Services Agreement, at
(recitals); Amendment to Interconnection Agreement for Elimination of UNE-P and
l1nplementation of Batch Hot Cut Process and Discounts, at (recitals).
As explained by the Thirteenth Amendment and the QPP themselves, the
combination of network elements commonly known as UNE-P includes not only
the port, switching and transport elements, but also the local loop, Id.which
incumbent local exchange carriers are still required to provide on an unbundled
basis pursuant to FCC rules that implement Section 251(c). See 47 R.
51.319(a)(1). There is no dispute that ongoing obligations pertaining to an
ILEC's provision of the local loop element are subject to state commission review
and approval under Section 252(e).
The whole purpose of the QPP is to provide the port, switching, and shared
transport elements in combination with the local loop element, which is provided
under Qwest's existing intercoill1ection agreement with MCI. According .to the
Service Exhibit 1 to the Qwest Master Services Agreement, Qwest:
QPP1M services shall consist of the Local Switching Network
Element (including the basic switching function, the port, plus the
features, functions, and capabilities of the Switch including all
compatible and available vertical features, such as hunting and
anonymous call rejection, provided by the Qwest Switch) and the
Shared Transport Network Element in combination, at a minimum
to the extent available on UNE-P under the applicable
DOCKET NO. UT-960310 and UT-043084
ORDER NO. 01
PAGE 10
interconnection agreement or SGA T where MCl has opted into an
SGAT as its interconnection agreement (collectively, "lCAs ) as the
same existed on J W1e 14, 2004.
* * *
As part of the QPPTM service, Qwest shall combine the Network
Elements that make up the QPPTM service with Analog/Digital
Capable Loops, with such Loops (including services such as line
splitting) being provided pursuant to the rates, terms and
conditions of the MC!'s lCAs as described below.
* * *
The Loop will be provided by Qwest W1der the applicable lCAs in
effect between Qwest and MCl at the time the order is placed. As
part of the QPPTM Service, Qwest shall as described below combme
the Local Switching and Shared Transport Network Elements with
the Loop provided pursuant to the terms and conditions of MC!'s
lCAs.
Service Exhibit l-Qwest Platform Plus Service, Sec. , 1.
There can be no serious question that the ongomg obligations concerning rates,
terms and conditions for the provision of network elements mthe Thirteenth
Amendment and the QPP are part of a single mtegrated, non-severable agreement.
The Qwest Master Services Agreement at Section 23 provides that:
In the event the FCC, a state commission or any other
governmental authority or agency rejects or modifies any material
provision of this Agreement, either Party may immediately upon
written notice to the other Party termmate this Agreement and any
mterconnection agreement amendment executed concurrently with
this Agreement.
DOCKET NO. UT-960310 and UT-043084
ORDER NO. 01
PAGE 11
The J o:int Request also reflects :integrated pric:ing :in comb:ination of the two
agreements, which have to be considered together in order for one to understand
the entire agreement between the two parties. This integrated pricing also makes
it apparent that the bargain struck by the parties encompasses both the QPP and
the Thirteenth Amendment.
In addition to addressing line splitting, and striking certa:in network elemEnts
from the existing interconnection agreement, the Thirteenth Amendn1ent provides
for a batch hot cut process. An important function of a batch hot cut process is to
enable migration of CLEC customers from service provided over UNE-P to
service that is provided over the CLEC's own switch but still us:ing the ILEC'
loop. Under the QPP, the recurring charge for the port element is to increase
each year- but only if Qwest meets its obligations related to implementation of a
batch hot cut process under the Thirteenth Amendment. The QPP states:
Provided that Qwest has implemented the Batch Hot Cut Process :in
a particular state pursuant to the terms and conditions of the
Amendment to MCrs ICAs entered into contemporaneously with
this Agreement, the monthly recurring rates for the switch port :in
the attached Rate Sheets shall increase incrementally by the amount
of the applicable QPP1M Port Rate Increases for that state will not go
:into effect until such time as Qwest is able to process Batch Hot Cut
orders in that state, and in the event of any such delay in the
effective date of the QPP1M Port Rate increases, there shall be no
subsequent true up of the QPP1M Port Rate Increases.
Thus, the Thirteenth Amendment and the QPP represent an integrated
comb:ination of rates, terms and conditions for the provision of a comb:ination of
unbundled network elements, which must be taken together in order for one to
understand the entirety of the intercormection agreement between the two
DOCKET NO. UT-960310 and UT-O43084
ORDER NO. 01
PAGE 12
parties. In order to determine whether the Thirteenth Amendment discriminates
against other parties and whether it is m the public mterest, it is critical to have
the entirety of the agreement before us. Only then can we can understand how
Qwest treats its wholesale customers for local mterconnection. Also, because the
Thirteenth Amendment and the QPP must be read together to understand the
entirety of the amended mterconnection agreement, it is clear that the QPP is an
mterconnection agreement subject to the filing, approval, and adoption
requirements under Section 252 of the Act.
One provision of the QPP m particular demonstrates the danger to the Act's anti-
discrimination policy if we were to accept Qwest's theory that filmg and
approval requirements apply only to select portions of interconnection
agreements that pertain to Section 251(c) network elements. Although the QPP
provides that the loop element will be provided pursuant to MCrs
mterconnection agreements with Qwest at the rates set forth in those agreements,
(tJo the extent that the monthly recurring rate for the loop element
in a particular state is modified on or after the Effective Date, the
QPP1M port rate for that state m the Rate Sheet will be adjusted
(either up or down) so that the total rate applicable to the QPP1M
service and loop combination in that state. . . remains constant.
Service Exhibit l-Qwest Platform Plus Service, Sec.
Thus, the terms of the agreement ensure that, as between these two parties, a
change in the loop rate or m the pricmg zone designations by this Commission
will be offset by a commensurate mcrease or decrease in the charges that will
apply under the purportedly separate QPP agreement. By this device (and there
are undoubtedly countless mechanisms that an ILEC and a favored CLEC might
DOCKET NO. UT -960310 and UT -043084
ORDER NO. 01
PAGE 13
potentially employ to similar ends ) the parties have bargained a different price
for a Section 251 element than would apply to another CLEC that is not a party to
the QPP and which lacks the right to opt-in to the integrated Thirteenth
Amendment and QPP under Section 251(i).
As the court held in Sage v. P.C. of Texas,9 If the parties were permitted to file
for approval on only those portions of the iI?-tegrated agreement that they deem
relevant to 9 251 obligations, the disclosed terms of the filed sub-agreements
might fundamentally misrepresent the negotiated understanding of what the
parties agreed." That is the case with the Thirteenth Amendment. Accordingly,
we find that the QPP is part of the negotiated interconnection agreement
between MCI and Qwest. Because the QPP is part of the negotiated
interconnection agreement, it is subject to our jurisdiction and to our review.
C. 252(e).
8 As the court stated in Sage Telecom, LP v. Public Util. Comm n of Texas Case No. A-04-CA-364-SS,
at 11-12 (W.D. Tex. Oct. 7, 2004), in rejecting a similar argument by Southwestern Bell:
For instance, during the give-and-take process of a negotiation for an integrated
agreement, an ILEC might offer 9 251 unbundled network elements at a higher or
lower price depending on the price it obtained for providing non -9 251 services.
Similarly, the parties might agree that either of them would make a balloon
payment which, although not tied to the provision of any particular service or
element in the comprehensive agreement, would necessarily impact the real
price allocable to anyone of the elements or services under contract.
Without access to all terms and conditions, the PUC could make no
adequate determination of whether the provisions fulfilling 9 251 duties are
discriminatory or otherwise not in the public interest. For example, while the
state terms of a publicly filed sub-agreement might make it appear that a CLEC
is getting a merely average deal from an ILEC, an undisclosed balloon payment
to the CLEC might make the deal substantially superior to the deals made
available to other CLECs. Lacking knowledge of the balloon payment, neither
the State commission nor the other CLECs would have any hope of taking
enforcement action to prevent such discrimination.
ld. at 11.
DOCKET NO. UT-960310 and UT-043084
ORDER NO. 01
PAGE 14
Approval of Negotiated Interconnection Agreement
rocedure
Our procedure for review and approval of negotiated interconnection
agreements is that we will consider a request at a regularly or specially
scheduled open public meeting. WAC 480-07-640(2)(b). We may hear oral
argument from parties, from members of the public, or both. ld. The
Commission will enter an order approving or rejecting a fully negotiated
agreement within ninety days after the date on which the request for approval
and interconnection agreement are filed. ld. This procedure is authorized by the
Act. 47 C. 252(e)(3) and (4).
tandard of Approval
The standard of approval is that we must approve a request unless the
agreement or a portion of it discriminates against a telecommunications carrier
not a party to the agreement, or unless the agreement or a portion of it is not
consistent with the public interest, convenience, and necessity. 47 C.
252 (e)(2). The Commission has added, consistent with the Act, a requirement
that agreements be consistent with state and federal law. WAC 480-07-
640(2)(a)(i); 47 C. 252(e)(3).
MCI Fi led a Complete Agreement that Is Not Discriminatory, Is
Consistent with State and Federal Law, and Is Consistent with the
Public Interest, Convenience, and Necessity.
MCI and Qwest each assert the Thirteenth Amendment is not discrirrUnatory and is
consistent with the public interest. MCI asserts the same for the QPP. Open
Meeting Memo, at 6. Commission Staff states it has reviewed the Thirteenth
A1nendment and the three QPP documents and determmed they do not contain
DOCKET NO. UT-960310 and UT-O43084
ORDER NO. 01
PAGE 15
terms, conditions, or prices that discriminate against any other carrier;
deterIl'lilled they are consistent with state and federal law; and also determined
they are consistent with the public interest, convenience, and necessity. ld. at
On the record before us, we conclude the negotiated interconnection agreement
(the Thirteenth Amendment together with the QPP) must be approved consistent
with 47 u.s.C. 9 252(e) and WAC 480-07-640. Accordingly, we grant the request
of MCI and approve the negotiated interconnection agreement filed by MCI on
July 29, 2004, in Docket No. UT-960310. Other carriers may adopt the negotiated
interconnection agreement. 47 C. 252(i).
FINDINGS OF FACT
Having discussed above all matters material to our decision, and having stated
general findings and conclusions, the Commission now makes the following
summary findings of fact.
(1)The QPP is composed of the "Master Services Agreement " the "Service
Exhibit Qwest Platform Plus Service," and the "QPP Rate Page-
Washington.
(2)MCImetro Access Transmission Services, LLC requested approval of the
Thirteenth Amendment to the negotiated mterconnection agreement
between MCImetro Access Transmission Services, LLC and Qwest
Corporation, and requested approval of the QPP on July 29, 2004.
(3)Qwest Corporation objected to MClmetro Access Transmission Services,
LLC's request for approval of the QPP and asserted the Commission lacks
jurisdiction to review the QPP on August 4, 2004.
(4)The Thirteenth Amendment and the QPP together constitute a negotiated
interconnection agreement.
DOCKET NO. UT-960310 and UT-043084
ORDER NO. 01
PAGE 16
(5)The Thirteenth Amendment and the QPP do not discriminate against any
carrier not a party to the agreement.
(6)The Thirteenth Amendment and the QPP are consistent with state and
federal law.
(7)The Thirteenth Amendment and the QPP are consistent with the public
interest, convenience, and necessity.
VI.CONCLUSIONS OF LAW
(1)The Commission has jurisdiction over the subject matter of the request of
MCImetro Access Transmission Services, LLC and negotiated
interconnection agreements.
(2)The Commission is not required by the Act or by any provision of state
law to hold an adjudicative proceeding or other hearing prior to
approving a negotiated intercolmection agreement in its entirety.
(3)Commission approval of the QPP is permitted and contemplated for a
state commission by Section 252 of the federal Telecommunications Act of
1996.
(4)A complete agreement is filed with the Commission when all documents
containing terms, conditions, and rates (prices) that apply to provision of
any network element, service, or other item or activity related to
interconnection are filed.
DOCKET NO. UT-960310 and UT-043084
ORDER NO. 01
PAGE 17
(5)Commission approval of the Thirteenth Amendment and the QPP will not
result in discrimination against any telecommunications carrier that is not
a party to the agreement.
(6)Commission approval of the Thirteenth Amendment and the QPP is
consistent with state and federal law.
(7)Commission approval of the Thirteenth Amendment and the QPP is
consistent with the public interest, convenience, and necessity.
VII.ORDER
ll1is order decides issues in a non-adjudicative proceeding. Based on the
foregoing, the Commission orders:
(1)The Commission grants the request of MClmetro Access Transmission
Services, LLC for review and approval of the QPP negotiated between
MClmetro Access Transmission Services, LLC and Qwest Corporation.
(2)The Commission grants the request of MClmetro Access Transmission
Services, LLC for review and approval of the Thirteenth Amendment to the
negotiated ~terconnectionagreement between MClmetro Access
Transmission Services, LLC and Qwest Corporation.
(3)In the event that the parties revise, modify, or amend the agreement
approved in this Order, the revised, modified, or amended agreement will
be deemed to be a new agreement under the Act and must be submitted to
the Commission for approval, pursuant to 47 US.C. 9 252(e)(1) and
relevant provisions of state law, prior to taking effect.
DOCKET NO. UT -960310 and UT -043084
ORDER NO. 01
PAGE 18
(4)The laws and regulations of the State of Washington and Commission
Orders govern the construction and interpretation of the Thirteenth
Amendment to the Agreement, including the QPP, between MCImetro
Access Transmission Services, LLC and Qwest Corporation. The
Thirteenth Amendment, including the QPP, is subject to the jurisdiction of
the Commission.
DATED at Olympia, Washington, and effective this 20th day of October 2004.
WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
MARILYN SHOW ALTER, Chairwoman
PATRICK J. OSHIE, Commissioner
BEFORE THE ARIZONA CORPORATION COMNITSSION
CON1M1SSIONERS
Marc Spitzer, Chairman
William A. Mundell
Jeff Hatch-Miller
Mike Gleason
Kristin K. Mayes
IN THE MATTER OF THE APPLICATION OF
MClmetro ACCESS TRANSMISSION SERVICES7 LLC, FOR APPROVAL OF AN AMENDMENT
8 FOR ELIMINATION OF UNE-P AND
IMPLE!vfENT ATION OF BATCH HOT CUT
9 PROCESS AND QPP MASTER SERVICES
Docket No. T -01 OSlB-04-0S40
T -03 574A-04-0540
STAFF'S RESPONSE TO QWEST'
MOTION TO DISMISS APPLICATION FOR REVIEW
OF NEGOTIATED COMMERCIAL AGREEMENT
INTRODUCTION
On July 16, 2004, Qwest Corporation ("Qwest ) and MClmetro Access Transmission
Services, L.L. C. ("MCI") entered into two separate agreements. The first agreement was labeled an
Amendment to their Interconnection Agreement. The second agreement was labeled the QPP Master
Service Agreement. The first agreement both MCI and Qwest filed for Commission approval under
47 U.C. Section 252(e). The second agreement Qwest filed with the Commission for informational
purposes only. However, MCr subsequently filed the second agreement with the Commission for
approval under 47 U.C. Section 252(e). On August 6, 2004, Qwest filed a Motion to Dismiss
MCT's Application for Commission review and approval of this Agreement. For the following
reasons, Qwest's Motion to Dismiss should be denied.
ll.DISCUSSIONA. State Commission Have Broad Authority Under Section 252 Over the Review and
Approval of Interconnection Agreements
Under Section 252 of the Federal Act, State commissions are given broad authority to review
and approve "interconnection agreements" between carriers.The Act encourages carriers to
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Exhibi t B
undertake voluntary negotiations and to enter into voluntary binding agreements without regard to the
standards set forth in subsections (b) and (c) of Section 251 of the Act. If disputes arise, the State
commission resolves them through an arbitration which is binding on both parties. In addition, the
State commissions are the designated repository for all such agreements, whether arrived at through
arbitration or voluntary negotiation.
The FCC has addressed the types of agreements which fall within the scope of Section 252
several times, the most recent being in response to a Petition for Declaratory Ruling filed by Qwest.
In its Declaratory Ruling in response to Qwest's Petition, the FCC stated that if the agreement
pertained to an ongoing obligation pertaining to resale, number portability, dialing parity, access to
10 rights-of-way, reciprocal compensation, interconnection, unbundled network elements, or collocation
11 it was an interCOlll1ection agreement over which the State commission has jurisdiction.
The FCC also stated that the State commissions should be responsible for applying, in the first
13 instance, the statutory interpretation to the terms and conditions of specific agreements. The FCC
14 went on to state that
" . . .
we believe this is consistent with the structure of section 252, which vests in
15 the states the authority to conduct fact-intensive determinations relating to interconnection
16 agreements.
The importance of the Section 252 review and filing requirements was underscored by the
18 FCC in the following passage from their Local Competition First Report and Order.
State commissions should have the opportunity to review all agreements
including those that were negotiated before the new law was enacted, to ensure
that such agreements do not discriminate...and are not contrary to the public
interest.. . Requiring all contracts to be filed also limits an incumbent LEC'
ability to discriminate among carriers, for at least two reasons. First, requiring
public filing of agreements enables carriers to have information about rates
terms, and conditions that an incumbent LEC makes available to others.
Second, any interconnection, service or network element provided under an
agreement approved by the state commission under section 252 must be made
available to any other requesting telecommunications carrier upon the same
terms and conditions in accordance with section 252(i)... Conversely,
excluding certain agreements from public disclosure could have
anticompetitive consequences.
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Section 252(e) Requires State Commission Review and . Approval of "Any
Interconnection Agreement
Section 252(e)(1) requires that "any" agreement for interconnection be filed with and
reviewed by the State commission. Section 252(e)(1) provides:
Any interconnection agreement adopted by negotiation or arbitration shall be
submitted for approval to the State commission. A State commission to which
an agreement is submitted shall approve or reject the agreement, with written
findings as to any deficiencies.(Emphasis added).
Qwest relies upon a recent FCC Declaratory Ruling and Section 252(a)(I) of the Act to argue
that the Arizona Commission has no authority to review and approve its QPP Master Service
Agreement with MCI, despite the fact that the Agreement governs the provision of unbundled
network elements, interconnection and access by Qwest to MC!. With regard to Section 252(a)(1),
Qwest argues that the language of that section limits the Commission s authority to the provision of
network elements, interconnection or services made under Section 251 of the Act.That provision of
the Act states in relevant part: "Upon receiving a request for interconnection, services, or network
elements pursuant to section 251, an incumbent local exchange carrier may negotiate and enter into
a binding agreement with the requesting telecommunications carrier or carri~rs without regard to the
standards set forth in subsections (b) and (c) of section 251."
However, this language addresses only voluntary requests for interconnection, services or
network elements and is not meant to limit the scope of the review authority of state commissions
under the Act. The provision which governs the review authority of state commissions is actually
Section 252(e) which is cited above. As already discussed, under this provision the Commission is
given review and approval authority over any interconnection agreement. There is no limiting
language as Qwest suggests that only interconnection agreements addressing network elements
interconnection or access under Section 251 must be filed, reviewed and approved by the
Had Congress intended to limit the scope of the filing obligation or the StateCommission.
commission s review and approval authority in this fashion, it is presumed that Congress would
merely have added the same language to Section 252(e) which it did not. The fact that Congress did
not underscores that the Commission s review authority under Section 252 is very broad and extends
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to any agreement which addresses an ongomg obligation relating to interconnection, network
elements or access.
Qwest also relies upon the language of Section 251(a)(I) as the basis for its second argument
that "the entire premise of the duty to file an agreement with a state commission under Section 252
based on the fact that the service or element provided is required by Section 251(b) or (c)." Qwest
also relies upon a statement in a recent FCC Declaratory Ruling that only agreements "that contain on
ongoing obligation relating to section 251(b) or (c) must be filed under section 252(a)(I)." However
this ignores the fact that Section 251(a)(I) itself expressly permits parties to negotiate and enter into a
binding interconnection agreement without regard to the standards set forth in Section 251 of the
10 Act. Still, these interconnection agreements are subject to the state filing and review process.
Network Elements Which Qwest Must Continue to Make Available Under
Section 271 are Interconnection and Access Obligations
At issue as a result of Qwest's Motion, is whether the Commission has jurisdiction under
14 Section 252 to review and approve the "Qwest Master Service Agreement" which Qwest calls a
15 "commercial agreement " in which Qwest has agreed to provide Qwest Platform Plus services to
16 MCI. Qwest concedes on page 1 of its Motion that Qwest is required to continue to make these
17 services available under Section 271 of the Federal Act and that the elements consist primarily of the
18 local switching and shared transport network elements in combination with other services.
The services that the QPP Master Services Agreement covers are several network elements
20 that have been affected by the D.C. Circuit's vacatur in USTA II. Thus, even though Qwest may no
21 longer have to make an element available under Section 252(d)(3), Qwest may still have to make that
22 element available under Section 271 as part of its obligations under the Competitive Checklist. The
23 provisions of Section 271 at issue are contained at 47 D.C. Section 271(c)(2)(B) and provide
24 relevant part that access or interconnection provided or generally offered by a Bell operating
25 company to other telecommunications carriers meets the requirements of the 271 Competitive
26 Checklist if it includes:
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(iv) Local loop trans~ission . from the central office to the customer
premises, unbundled from local switching or other services.(v) Local transport from the trunk side of a wireline local exchange carrier
switch unbundled from switching or other services.
(vi) Local switching unbundled from transport, local loop transmission, or
other services.
These provisions require Qwest to continue to provide certain network elements, irrespective of any
findings of impairment under Section 251 (d)(2).
There can be little doubt that the obligations contained in Section 271 of the Federal Act are
interconnection" and "access obligations which are properly included in an interconnection
agreement under Section 252. In fact this is supported by the plain language of Section 271. The title
of the 271 section in which these specific unbundllng obligations are contained is entitled "SPECIFIC
INTERCONNECTION REQUIREMENTS"
Moreover, under sub-part (A) of Section 271 (c)(2), the BOC is deemed to meet the
requirements of that section if it is providing such access or interconnection in a Statement of
Generally Available Terms and Conditions ("SGAT") or an Interconnection Agreement. Under
Section 252, the State commission is given authority to review and approve bqth the SGAT and all
interconnection agreements entered into between carriers operating within the ?tat~' s jurisdiction.
No separate review and approval process for interconnection agreements or SGAT provisions
containing 271 related provisions was established in Section 271, and therefore, it must be presumed
that Congress intended this review to take place in the context of the regular Section 252 review
process by State commissions.
2. There is no Express Federal Filing Jurisdiction Under the Federal Act.
Qwest's arguments to the contrary notwithstanding, there is no express federal filing
jurisdiction under the Federal Act. See Qwest Motion at p. As just indicated there was no
separate review and approval process established in Section 271 for interconnection agreements or
SGATs containing 271 related provisions, therefore, it must be presumed that this review is to take
place in the Section 252 review process by State commissions.
Qwest also argues that there "is an independent investiture of federal jurisdiction under the
1996 Act Qwest goes on to argue that "(tJhe offering of the switching element... is subject to
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federal jurisdiction.Id , that the "filing and review (if any) of contracts entered into pursuant to
Section 271 (c)(2)(B) of the 1996 Act is a federal matter which has not been delegated to the states.
Id. What Qwest ignores is that the States' authority pursuant to section 252 extends to both interstate
and intrastate matters. Qwest makes a similarly flawed argument that "the federal nature of the
service under the Federal Act automatically brings them into the 'zone of federal jurisdiction.' Qwest
Motion at p. 8.
In the Local Competition First Report and Order the FCC discussed its role with that of the
states over local competition matters:
We conclude that, in enacting sections 251 , 252, and 253 , Congress created a
regulatory system that differs significantly from the dual regulatory system it
established in the 1934 Act. (cite omitted). That Act generally gave
jurisdiction over interstate matters to the FCC and over intrastate matters to
the states. The 1996 Act alters this framework, and expands the applicability
of both national rules to historically intrastate issues, and state rules to
historically interstate issues. Indeed, many provisions of the 1996 Act are
designed to open telecommunications markets to all potential service
providers, without distinction between interstate and intrastate services.
For the reasons set forth below, we hold that section 251 authorizes the FCC
to establish regulations regarding both interstate and intrastate aspects of
interconnection, services and access to unbundled elements. We also hold
that the regulations the Commission establishes pursuant to section 251 are
binding upon states and carriers and section 2(b) does not limit the
Commission s authority to establish regulations governing intrastate matters
pursuant to section 251. Similarly, we find that the states' authority
pursuant to section 252 also extends to both interstate and intrastate
matters. Although we recognize that these sections do not contain an explicit
grant of intrastate authority to the Commission or of interstate authority to the
states, we nonetheless find that this interpretation is the only reasonable way
to reconcile the various provisions of sections 251 and 252, and the statute as
a whole. (Emphasis added).
Finally, Qwest is just plain wrong when it argues that State filing and review requirements are
not permissible because they are inconsistent with this preemptive federal policy. Qwest Motion at p.
8. Staff is not aware of a federal policy favoring market agreements for elements offered under
Section 271, and that this is presumptively preemptive of inconsistent state regulations. See Qwest
Motion at p. 8. In fact the FCC has gone to great lengths not to preempt state jurisdiction except
where warranted based upon case by case determinations.
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In fact in its recent Declaratory Ruling, the FCC stated:
Based on their statutory role provided by Congress and their experience to
date, state commissions are well positioned to decide on a case-b6-case basis
whether a particular agreement is required to be filed as an 'interconnection
agreement' and, if so, whether it should be approved or rejected. Should
competition-affecting inconsistencies in state decisions arise, those could be
brought to our attention through, for example, petitions for declaratory ruling.
The statute expressly contemplates that the section 252 filing process will
occur with the states, and we are reluctant to interfere with their processes in
this area. Therefore, we decline to establish an exhaustive, all-encompassing
interconnection agreement' standard. The guidance we articulate today flows
directly from the statute and services to define the basic class of agreements
that should be filed. We encourage state commissions to take action to
provide further clarity to incumbent LECs and requesting carriers concerning
which agreements should be filed for their approval. At the same time
nothing in this declaratory ruling precludes state enforcement action relating
to these issues.
Consistent with our view that the states should determine in the first instance
which sorts of agreements fall within the scope of the statutory standard, we
decline to address all the possible hypothetical situations presented in the
record before us.
14 Declaratory Ruling at paras. 10 and 11.
Accordingly, it hardly app~ars that the FCC has preempted the States with respect to the
determinations regarding the Section 252 filing obligation, as Qwest argues.
The Federal Act Does Not Carve Out Any Exception to the Section 252(e)
Filing Requirement for What Qwest Calls a "Commercially Negotiated"
Agreement.
Once again,. Staff is not aware, nor has Qwest identified, any provision in the Federal Act
21 which defines "commercially negotiated" agreements and carves them out of the filing requirement
22 of Section 252(e). This is merely a fiction created by Qwest and the RBOCs to escape their state
23 filing obligations under the Federal Act.
Indeed, in its recent Declaratory Ruling involving 252(e) filing obligations, the FCC expressly
25 identified only a few exceptions to the Section 252(e) filing obligation. Those included settlement
26 agreements, order and contract forms completed by carriers to obtain service pursuant to terms and
27 conditions set forth in an interconnection agreement and agreements with bankrupt competitors that
28 are entered into at the direction of a bankruptcy court or trustee and do not otherwise change the
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tenns and conditions of the underlying interconnection agreement. See Declaratory Ruling at paras.
2 12, 13 and 14.
The Commission should reject Qwest's fictitious carve-out for "commercially negotiated"
agreements and Qwest's attempt to once again shoot a cannon ball through the Federal Act s filing
requirements.
The FCC Order Approving Qwest's 271 Application for Arizona, States that The
FCC and Arizona Commission are to Work together to Ensure Enforcement of
Qwest's 271 Obligations.
On December 3 , 2004, the FCC granted Qwest's Application for Authorization to Provide In-
9 Region, InterLAT A Services in Arizona. As part of its Memorandum Opinion and Order, the FCC
10 specifically discussed the relationship of the FCC and the Arizona Commission in the post-271
11 approval enforcement process: At para. 59, the FCC stated:
Working in concert with the Arizona Commission, we intend to monitor
closely Qwest's post-approval compliance for Arizona to ensure that Qwest
does not "cease to meet any of the conditions required for (section 27q
approval. "
Qwest is required to meet the Competitive Checklist requirements through provisions in its
16 SGAT and interconnection agreements. This hardly appears to be situation where the FCC
17 intended to preempt State commission involvement in the post-271 approval enforcement process, as
18 argued by Qwest.
19 ill.CONCLUSION
The Commission should reject Qwest's Motion to Dismiss MCrs Application for Review and
21 Commission Approval of the Master Services Agreement entered into between Qwest and MC!.
Respectfully submitted this 10th day of September, 2004.
ARIZONA CORPORATION COMMISSION
Maureen Scott
Attorney, Legal Division
1200 West Washington
Phoenix, AZ 85007
Telephone [phone]
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Original and 13 copies of the foregoing
filed this loth day of September, 2004
With:
Docket Control
Arizona Corporation Commission
1200 West Washington
5 Phoenix, AZ 85007
Copy of the foregoing mailed this 10th
day of September, 2004, to:
Thomas H. Camp bell
Michael T. Hallam
Lewis and Roca, LLP
10 40 North Central Avenue
Phoenix, AZ 85004
11 Attorneys for MClmetro
12 Thomas F. Dixon
707 17tl1 Street
, Suite 4200
Denver, CO 80202
14 Attorneys for MClmetro
15 Timothy Berg
Theresa Dwyer16 3003 N. Central, Suite 2600
17 Phoenix
, AZ 85012
18 Norman G. Curtright
Qwest Corporation19 4041 North Central, Suite 1100
Phoenix, AZ 85012
21 Todd Lundy
Qwest Corporation
22 1801 California Street, Suite 4900
Denver, CO 80202
Richard Wolters24 AT&T
25 1875 Lawrence Street, 15th Floor
Denver, CO 80202
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Joan S. Burke
Osborn Maledon, P.
2929 N. Central, Suite 2100
P. O. Box 36379
Phoenix, AZ 85067-6379
Christopher Kempley
Chief Counsel, Legal Division
Arizona Corporation Commission
1200 West Washington
7 Phoenix, AZ 85007
Ernest Johnson
Director, Utilities Division
Arizona Corporation Commission
10 1200 West Washington
Phoenix, AZ 85007
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EXHIBIT 2:
QWEST LETTER AND EMAILS REGARDING UNAVAILABILITY OF QPP
AFTER JANUARY 31, 2005
~J.J.\J,\J.J'UVLUU~"'-"""_UU.
..-_. -q--_.
Announcement Date:Page 2 of 2
If you are ready to enter into a QPP 1M commercial arrangement with Qwest, the followinginformation posted to Qwest Web sites are available:
. The Interconnection Agreement Amendment can be located here:
http://www.qwest.com/whoiesale/clecs/amendments.htmi
. The remaining sections of the QPP TM MSA can be located here:
htt :llwww. qwest. co m/wholesale/clecs/com mercia a9 reements. htm
. The OppTM General Information PCAT can be located here:
http://www.qwest.com/wholesale/pcatlqpP9eneral.html
Remember, the current QPPTM terms, conditions, and pricing are available for signature until
January 31 , 2005 only, and agreements must be received by Qwest by that date.
If you have any questions or concerns , please contact your Qwest Service Manager, JoshuaNielsen on [phone].
Sincerely,
Qwest Communications
Note: The Qwest Wholesale Web Site provides a comprehensive catalog of detailed
information on awest products and services including specific descriptions on doing business
with Qwest. All information provided on the site describes current activities and process. Prior
to any modifications to existing activities or processes described on the web site , wholesale
customers will receive written notification announcing the upcoming change.
If you would like to unsubscribe to mailouts please go to the ?Subscribe/Unsubscribe? web
site and follow the unsubscribe instructions. The site is located at:
http://www.qwest.com/whoiesale/notices/cnia/maillist. htm
cc: Coleen Austin
Joshua Nielsen
Qwest Communications 1600 7th Ave Room 1806 Seattle WA 98008
file://r:\no('.l1mp.nt~oln ?O~nr1oln ?O~pttlnac;:\k-J::Irpn('\ T .()('~ 1o/n 'J()C;:ptt1na~\ Tpmn\p\rrmto::lf'tT\Jf 0::1 11 L\ ')/10/')00"
-----
Original Message-----From: Christensen, Larry (SMTP:Larry.Christensen~qwest.comJSent: Tuesday, January 18, 2005 1:05 PMTo: Clauson, Karen L.Cc: Dinwiddie, Clifford .; Hsiao, Doug; Novak, Jean; Campbell, Bill; Miles, Linda; Bastiampillai, Harisha;
Denney, Douglas K.; Olson, Joan M.; Johnson, Bonnie J.; Zeller, Ginny A.; Oxley, J. Jeffery;
Hammack, Carolyn; Snyder, Tom
QPPSubject:
Karen
Qwest is aware of this order but does not believe that its position is
inconsistent with section 252(i) or this WUTC precedent. The Qwest
policy not to allow carriers to opt-in to expired agreements is based
primarily on the fact that it need only offer an agreemenUamendment for
a reasonable period of time. Qwest considers agreements that have
extended past their initial contract term to be well past a reasonable
period of time. Consequently Qwest requests carriers to review
agreements yet to expire when they consider opting-in to an agreement.
Qwest believes that its position is consistent with the WUTC
Interpretative and Policy Statement concerning Section 252(i).
Up until last week , Eschelon has never requested or elected to opt-in to
the MCI agreement, an agreement that is more than five years old and
predates Eschelon s originallCA. Since Eschelon and Qwest have been in
negotiations for a new agreement for a very long period of time, and
Eschelon has made no previous request to opt-in to the MCIICA and since
your emails seem to indicate that you have not reviewed the entire MCI
ICA, Qwest can only assume that Eschelon is only interested in the QPP
portion of that agreement. Qwest is offering the current QPP Agreement
until January 31 2005. Qwest is willing to discuss those commercial
' terms and conditions with Eschelon at any time. However, those
discussions must be completed by January 31 2005, with an executed
agreement or Qwest may defer further discussions until a later date.
Because of Eschelon s unique situation with both UNE-P and UNE-, we
have prepared and attached an MSA and Amendment that addresses the
coversion of both platform services to QPP.
I stand Willin ~~~ set up a c;'~ference caf\Jo discuss E ~helon s QP~
~,1
Esch Esch Combinations Esch esch Esch
asterServicesAgreer Service Ex. ... JmmerciaIMeasuresixhibitARatePageOl-Pelim-BatchHotCut:
Issues.