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HomeMy WebLinkAbout20030911Amendment.pdfF: f::: C f~ i If ED verimL1VerizonIL. ~=! 2UO3 Sf~r !! Ar11O: tiS . ., .. UTil_iij::S =;C;" j;' :I,~;S:CN 17933 N,w. Evergreen Pkwy O, Box 1100 Beaverton, OR 97076 September 11 , 2003 Ms. Jean Jewell Commission Secretary Idaho Public UtilitiesCommission 472 W. Washington Boise, Idaho 83702 ;/2.;1/- TtJ.5.r tJ RE: Amendment 1 to Interconnection Agreement between Verizon Northwest Inc. and MClmetro Access Transmission Services Dear Ms. Jewell Enclosed for Commission approval are the original and three copies of a Amendment No.1 to the agreement between Verizon Northwest Inc. and MClmetro Access Transmission Services. Please call me at (503) 645-7909 if you should have any questions. Sincerely, "I" ,"-, 11 .. , ' ,C /' /.// ' ~"t-~L'i/"~, lLt~ Renee M. Willer Verizon Northwest Inc. Enclosure ~~' i r: ~ r:' ! I . ! AMENDMENT NO.1. ' ~,," .~' 1(,. I ' , , ,. " to the INTERCONNECTION AND UNBUNDLING AGF\EiE.M~N1r ,) v,-, ,: , : ~ S! C:~ between VERIZON NORTHWEST INC.1/z AI, /-tl1/(17 and MCIMETRO ACCESS TRANSMISSION SERVICES LLC THIS AMENDMENT No.1 (this "Amendment") is made this 14th day of July, 2003 (the "Effective Date ), by and between Verizon Northwest Inc., a Washington corporation ("Verizon ) with its principal place of business at 1800 41 st Street, Everett, W A 98201 and MClmetro Access Transmission Services LLC, a Delaware limited liability company ("MClm ) with its principal place of business at 22001 Loudoun County Parkway, Ashburn, VA 20147. (Verizon and MClm may be hereinafter referred to, each individually, as a Party" and , collectively, as the "Parties ). This Amendment covers services in state of Idaho (the "State WITNESSETH WHEREAS pursuant to an adoption letter dated June 23, 2003 (the "Adoption Letter"), MClm adopted in the State of Idaho, the voluntarily negotiated terms of the Interconnection Agreement between ICG Telecom Group Inc. ("ICG") and Verizon California Inc., f/k/a GTE California Incorporated ("Verizon California ) that was approved by the California Public Utilities Commission as an effective agreement in the State of California, as such agreement existed on the date of the Adoption Letter after giving effect to operation of law (the "Terms ); and WHEREAS subsequent to the approval of the Terms, MClm notified Verizon that it desired to amend the Terms as set forth herein; and NOW, THEREFORE in consideration of the mutual promises, provisions and covenants herein contained , the sufficiency of which is hereby acknowledged , the Parties agree as follows: 1. Collocation Terms. The Parties agree that the Terms should be amended by the addition of the Collocation Attachment and Pricing Appendix to the Collocation Attachment attached hereto as Appendix A which terms shall govern the provisions of Collocation services and shall be substituted in place of any Collocation terms contained in the Verizon California Terms. 2. Conflict between this Amendment and the Terms. This Amendment shall be deemed to revise the terms and provisions of the Terms to the extent necessary to give effect to the terms and provisions of this Amendment. In the event of a conflict between the terms and provisions of this Amendment and the terms and provisions of the Terms, this Amendment shall govern provided, however that the fact that a term or provision appears in this Amendment but not in the Terms , or in the Terms but not in this Amendment shall not be interpreted as , or deemed grounds for finding, a conflict for purposes of this Section 2. 3. Counterparts. This Amendment may be executed in one or more counterparts, each of which when so executed and delivered shall be an original and all of which together shall constitute one and the same instrument. 4, Captions. The Parties acknowledge that the captions in this Amendment have been inserted solely for convenience of reference and in no way define or limit the scope or substance of any term or provision of this Amendment. 5. Scope of this Amendment.This Amendment shall amend , modify and revise the Terms only to the extent set forth expressly in Section 1 of this Amendment, and , except to the extent set forth in Section 1 Verizon Idaho/MClm Amend No.Collocation July 14, 2003 v070301 of this Amendment, the terms and provisions of the Terms shall remain in full force and effect after the Effective Date of this Amendment. 6. Choice of Law. This Amendment shall be governed by, and construed in accordance with , the laws of the state of Idaho, without reference to its choice of law principles. Verizon Idaho/MClm Amend No, 1 Collocation July 14, 2003 v070301 SIGNATURE PAGE IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date, MCIMETRO ACCESS TRANSMISSION SERVI~ By / tit IV-Ri! VERIZON NORTHWEST INC. Y~ if t-vl....i!LU~ Printed: Marcel Henry Printed: Jeffrev A. Masoner Title: Vice President - National Carrier and Contract ManaQement Title: Vice President - Interconnection Services Policy & PlanninQ Verizon Idaho/MClm Amend No, 1 Collocation July 14, 2003 v070301 APPENDIX A COLLOCATION ATTACHMENT Verizon s Provision of Collocation Verizon shall provide to MClm, in accordance with this Agreement (including, but not limited to, Verizon s applicable Tariffs) and the requirements of Applicable Law, Collocation for the purpose of facilitating MClm s interconnection with facilities or services of Verizon or access to Unbundled Network Elements of Verizon; provided, that notwithstanding any other provision of this Agreement, Verizon shall be obligated to provide Collocation to MClm only to the extent required by Applicable Law and may decline to provide Collocation to MClm to the extent that provision of Collocation is not required by Applicable Law. Subject to the foregoing, Verizon shall provide Collocation to MClm in accordance with the rates, terms and conditions set forth in Verizon s Collocation tariff, and Verizon shall do so regardless of whether or not such rates, terms and conditions are effective. Because the Commission rejected Verizon s Collocation Tariff Advice No. 00-05 in Order No. 28490 on August 29, 2000, Verizon shall provide Collocation according to the following terms and conditions in the State of Idaho on an interim basis only until such time as the Commission s decision is reversed and Verizon s Collocation Tariff Advice No. 00-05 is permitted to go into effect or until such time as Verizon files another Collocation Tariff in Idaho, At such time as the Commission decision is reversed and Verizon s Collocation Tariff Advice No. 00-05 is permitted to go into effect or at such time as there is a Verizon Collocation tariff on file with the Commission , and subject to the foregoing, the following terms and conditions will be rendered ineffectual, and Verizon shall provide Collocation to MClm in accordance with the terms and conditions set forth in Verizon s Collocation tariff, and Verizon shall do so regardless of whether or not such terms and conditions are effective. Section 1 of this Collocation Attachment ("Attachment"), in conjunction with the rest of this Attachment, set forth the terms and conditions under which Verizon shall provide collocation services to MClm. Collocation provides for access to Verizon s "Premises , for the purpose of interconnection and/or access to Unbundled Network Elements (UNEs). Verizon s Premises include Verizon central offices, serving Wire Centers, and all other buildings or similar structures owned, leased , or otherwise controlled by Verizon that house Verizon s network facilities, Collocation at Verizon s Wire Centers and access tandems shall be accomplished through caged , cageless, virtual or microwave service offerings, as described below, except if not practical for technical reasons or due to space limitations. In such event, Verizon shall provide adjacent collocation or other methods of collocation subject to space availability and technical feasibility. As required by Applicable Law, Verizon shall also offer rates, terms and conditions for collocation services that are not expressly addressed in this Attachment or other Verizon tariffs on an individual case basis, and in doing so, shall comply with all applicable federal or state requirements. Types of Collocation, Sinqle Caqed. A single caged arrangement is a form of caged collocation, which allows a single CLEC to lease caged floor space to house its equipment within Verizon Premises. Shared Caqed. A shared caged arrangement is a newly constructed caged collocation arrangement that is jointly applied for and occupied by two or more CLECs within a Verizon Premise. When two or more CLECs request establishment and jointly apply for a new caged collocation arrangement to be used as a shared caged arrangement, one of the participating CLECs must agree to be the host CLEC (He) and the other(s) to be the guest CLEC (GC). The HC and GC(s) are solely responsible for determining whether to share a shared caged collocation arrangement and if so, upon what terms and conditions. The HC and GC(s) must each be interconnected to Verizon for the exchange of traffic with Verizon and/or to access unbundled network elements. Verizon will not issue separate billing for any of the rate elements associated with the shared Verizon Idaho/MClm Amend No, 1 Collocation July 14, 2003 v070301 1.4 Verizon Idaho/MClm caged collocation arrangement between the HC and the GC(s), but Verizon will provide the HC with information on the proportionate share of the NRCs for each CLEC in the shared arrangement. The HC will be responsible for ordering and payment of all collocation applicable servicE1s ordered by the HC and GC(s). The HC and GC will be responsible for ordering their own unbundled network elements from Verizon. Verizon will separately bill the HC and/or GC(s) for unbundled network elements ordered. The HC and GC(s) are Verizon customers and have all the rights and obligations applicable hereunder to CLECs purchasing collocation-related services, including, without limitation, the obligation to pay all applicable charges, whether or not the HC is reimbursed for all or any portion of such charges by the guest(s) All terms and conditions for caged collocation as described in this Attachment will apply to shared caged collocation requirements. Subleased Caaed.Vacant space available in a CLEC's caged collocation arrangement may be made available to a third party(s) for the purpose of interconnection and/or for access to UNEs in Verizon Premises via the subleasing collocation arrangement. The CLEC subleases the floor space to the third party(s) pursuant to terms and conditions agreed to by the CLEC and the third party(s) involved. The CLEC and third party(s) must each be interconnected to Verizon for the exchange of traffic with Verizon and/or to access unbundled network elements. The CLEC is solely responsible for determining whether to sublease a shared caged collocation arrangement and if so , upon what terms and conditions. Verizon will not issue separate billing for any of the rate elements associated with the subleased caged collocation arrangement between the CLEC and the third party(s). The CLEC will be responsible for ordering and payment of all collocation applicable services ordered by the CLEC and the third party(s). Each CLEC and third party will be responsible for ordering their own unbundled network elements from Verizon. Verizon will separately bill the CLEC and third party/parties for unbundled network elements ordered. The CLEC and third party(s) are Verizon s customers and have all the rights and obligations applicable hereunder to CLECs purchasing collocation-related services, including, without limitation, the obligation to pay all applicable charges, whether or not the CLEC is reimbursed for all or any portion of such charges by the third party(s). All terms and conditions for caged collocation as described in this Attachment will apply to subleased caged collocation requirements. Caaeless. Cageless collocation is a form of collocation in which CLECs can place their equipment in Verizon Premises. A cageless collocation arrangement allows a CLEC, using Verizon approved vendors, to install equipment in single bay increments in an area designated by Verizon. The equipment location will be designated by Verizon and will vary based on individual Verizon Premise configurations. CLEC equipment will not share the same equipment bays with Verizon equipment. Adjacent.An adjacent collocation arrangement permits a CLEC to construct or procure a structure on Verizon property for collocation for the purposes of interconnection and/or access to UNEs in accordance with the terms and conditions of this Agreement. Adjacent collocation is only an option when the following conditions are met: (1) space is legitimately exhausted in Verizon Premise for caged and cageless collocation; and (2) it is technically feasible to construct or procure a hut or similar structure on Verizon property that adheres to local building code, zoning requirements, and Verizon building standards, MClm is responsible for complying with all zoning requirements, any federal, state or local regulations, ordinances and laws , and obtaining all associated permits. Verizon may, where required, participate in the zoning approval and permit acquisitions. MClm may not take any action in establishing an adjacent structure Amend No.Collocation July 14, 2003 v070301 Verizon Idaho/MClm Orderinq. that will force Verizon to violate any zoning requirements or any federal , state, or local regulations, ordinances, or laws. Any construction by MClm on Verizon property must comply with Verizon technical specifications as they relate to environmental safety and grounding requirements. Verizon will make available power and physical collocation services to MClm in the same non-discriminatory manner as it provides itself for its own remote equipment buildings (REBs). Virtual.Under virtual collocation, Verizon installs and maintains MClm provided equipment which is dedicated to the exclusive use of the MClm in a collocation arrangement. Additional details on Virtual Collocation are set forth in Section 1. Microwave. Physical collocation of microwave transmission facilities will be permitted on a first-come, first-served basis except where such collocation is not practical for technical reasons or because of space limitations. Microwave collocation provides for the interconnection of MClm or Verizon provided facilities, equipment and support structures located in, on or above the exterior walls and roof of Verizon premises. Additional details on Microwave Collocation are set forth in Section 1 .10. Application Point of Contact.Verizon will establish points of contact for MClm to contact to place a request for collocation. The point of contact will provide MClm with general information and requirements , including a list of engineering and technical specifications, fire, safety, security policies and procedures, and an application form. Application Form/Fee.MClm requesting collocation at a Verizon Premise will be required to complete the application form and submit the non-refundable engineering fee set forth in Appendix A, described in Section 1., for each Verizon Premise at which collocation is requested. The application form will require MClm to provide all engineering, floor space (where applicable), power, environmental and other requirements necessary for the function of the service. MClm will provide Verizon with specifications for any non-standard or special requirements at the time of application. Verizon reserves the right to assess the customer any additional charges on an individual case basis ("ICB") associated with complying with the requirements. Any such charges shall be noticed to MClm. Verizon will process collocation requests from CLECs on a first-come first-serve basis pursuant to Verizon receipt of a completed application form and the non-refundable engineering fee. Notification of Acceptance/Rejection Verizon will notify MClm in writing within eight (8) Business Days following receipt of the completed application if MClm requirements cannot be accommodated as specified. If the application is deficient, Verizon will specify in writing, within eight (8) Business Days, the information that must be provided by MClm in order to complete the application. If MClm resubmits a revised application curing any deficiencies in their original application within ten (10) calendar days after being informed of them , MClm shall retain its position within the collocation application queue, Amend No, 1 Collocation July 14, 2003 v070301 2.4 Verizon Idaho/MClm Space Availabilitv. Verizon will notify MClm , in writing, within eight (8) Business Days following receipt of the completed application form and non-refundable engineering fee if space is available at the selected Verizon Premise. The response will be one of the following: There is space and Verizon will proceed with the arrangement. 1.2.There is no space. Verizon will proceed as described in Section 1.4. There is no readily available space, however, Verizon will determine whether space can be made available and will notify MClm within twenty (20) Business Days. At the end of this period, Verizon will proceed as described in 1.1 or 1.2 above. Price Quote Verizon shall provide MClm with a price quote for collocation services required to accommodate MClm s request within eight (8) Business Days of MClm s application date, provided that no ICB rates are required in the quote. MClm shall have five (5) Business Days from receipt of the quote to inform Verizon, in writing, of its intent to proceed with their collocation request and pay fifty percent (50%) of the applicable Non-Recurring Charges (NRCs), set forth in Appendix A as described in Section 1.1, associated with the ordered collocation services. The remaining 50% will be billed by Verizon upon completion of the collocation request. (Intentionally Left Blank). Auqmentation. All requests for an addition or change to an existing collocation arrangement that has been inspected and turned over to MClm is considered an augmentation. An augmentation request will require the submission of a complete application form and a non-refundable Engineering or Minor Augment fee. Minor Augment fee may not be required under the circumstances outlined below. The definition of a major or minor augment is as follows: Major Augments of collocation arrangements are those requests that: (a) require AC or DC power; (b) add equipment that generates more BTU's of heat, or (c) increase the floor space over what MClm requested in its original application. A complete application and Engineering Fee will be required when submitting a request that requires a Major Augment. Minor Augments of collocation arrangements will require the submission of a complete application form and the Minor Augment Fee. Minor augments are those requests that: (a) do not require additional DC and AC power, (b) do not add equipment that generates more BTU's of heat, or (c) do not increase floor space, over what MClm requested in its original application. The requirements of a Minor Augment request cannot exceed the capacity of the existing/proposed electrical , power or HVAC system. Requests for additional DSO, DS1 and DS3 facility terminations to access Verizon s unbundled network elements are included as Minor Augments. Minor Augments that require an augment fee are those requests that require Verizon to perform a service or function on behalf of MClm including but not limited to: installation of Virtual equipment cards or software upgrades, removal of Virtual equipment, requests to pull cable from exterior microwave facilities, and requests to terminate DSO, DS1 and DS3 cables. Amend No, 1 vO70301Collocation July 14, 2003 Verizon Idaho/MClm Minor Augments that do not require a fee are those augments performed solely by MClm , that do not require Verizonto provide a service or function on behalf of MClm, including but not limited to, requests to install additional equipment in MClm collocation space. Prior to the installation of the additional equipment, MClm agrees to provide Verizon an application form with an updated equipment listing that includes the new equipment to be installed in MClm s collocation arrangement. Once the equipment list is submitted to Verizon, MClm may proceed with the augment. MClm agrees that changes in equipment provided by MClm under this provision will not exceed the engineering specifications for power and HV AC as requested on original application. All augments will be subject to Verizon inspection in accordance with term of this contract for the purpose of ensuring compliance with Verizon safety standards. Expansion. Verizon will not be required to construct additional space to provide for MClm collocation when available space has been exhausted. Where MClm seeks to expand its existing collocation space, Verizon shall make contiguous space available to the extent possible; provided , however, Verizon does not guarantee contiguous space to MClm to expand its existing collocation space. MClm requests for expansion of existing space within a specific Verizon Premise will require the submission of an application form and the appropriate Major Augment fee. Relocation.MClm requests for relocation of the termination equipment from one location to a different location within the same Verizon Premise will be handled on an ICB basis, MClm will be responsible for all costs associated with the relocation of its equipment. Installation and Operation Joint Planninq and Implementation Levels. Where conditioned space is readily available, the implementation interval for Caged and Cageless collocation requests is seventy-six (76) Business Days for all standard requests which were properly forecast six (6) months prior to the application date, subject to the conditions set forth, Should unique circumstances arise such as major construction obstacles or special MClm requirements, upon notification to MClm a time extension of no greater than fifteen (15) Business Days will apply. Intervals for non-standard arrangements, including, but not limited to, Adjacent collocation shall be mutually agreed upon by MClm and Verizon. The following standard implementation milestones, in Business Days will apply unless MClm and Verizon jointly decide otherwise: 1 .1 .Day 1: MClm submits completed application and associated Engineering/Major Augment Fee. Day 9: Verizon notifies MClm that request can be accommodated. 1 .1 . 1 ,Day 14: MClm notifies Verizon of its intent to proceed and submits 50% payment as set forth in Section 1. Day 76: Verizon and MClm attend a Joint Inspection meeting and Verizon turns over the collocation space to the MClm. 1 .1 .4 Amend No, 1 vO70301Collocation July 14, 2003 Verizon and MClm shall work cooperatively in meeting these milestones and deliverables as determined during the joint planning process. Verizon will schedule a meeting with MClm to determine engineering and network requirements. A preliminary schedule will be developed outlining major milestones. MClm and Verizon control various interim milestones they must complete in order to meet the overall intervals. The interval clock will stop, and the final due date will be adjusted accordingly, for each milestone MClm misses (day for day). When Verizon becomes aware of the possibility of vendor delays Verizon will first contact MClm to attempt to negotiate a new interval. Verizon and MClm shall conduct additional joint planning meetings, as reasonably required, to ensure that all known issues are discussed and to address any that may impact the implementation process. Verizon will permit MClm to schedule one escorted visit to MClm s collocation space during construction. The applicable labor rates in Appendix A will be applied for the escorted visit. Prior to MClm beginning the installation of its equipment, MClm must sign Verizon work completion notice, indicating acceptance of the collocation space. MClm may not install any equipment or facilities in the collocation space until the receipt by Verizon of the work completion notice, Prior to MClm beginning the installation of equipment in a cage, bay or cabinet, MClm and Verizon must conduct a joint inspection of the designated collocation space. Verizon shall notify MClm of the date the collocation arrangement is ready for the joint inspection. MClm has ten (10) Business Days to meet Verizon at the site of the collocation arrangement. Upon acceptance of the arrangement by MClm, billing will be initiated, access cards will be issued and MClm may begin installation of equipment. If MClm does not attend the joint inspection within the specified ten (10) Business Days, Verizon will initiate billing for all monthly and nonrecurring charges, Unconditioned space conversion timeframes fall outside the normal intervals and are negotiated on an individual case basis based on negotiations with the site preparation vendor(s), Verizon will use its best efforts to minimize the additional time required to condition collocation space, and will inform MClm of the time estimates as soon as possible. Forecastinq and Use of Data Verizon Idaho/MClm Amend No. Verizon will request Caged and Cageless forecasts from MClm on a semi-annual basis, with each forecast covering a two-year period. MClm will be required to update the near-term (6-month) forecasted application dates. Information requested will include central office, month applications are expected to be sent, requested in-service month , preference for Caged or Cageless collocation , and square footage required. Unforecasted demand will be given a lesser priority than forecasted demand. Verizon will make every attempt to meet standard intervals for unforecasted requests. However, if unanticipated requests push demand beyond Verizon s capacity limits, Verizon will negotiate longer intervals as required (and within reason). In general, if forecasts are received less than two (2) months prior to the application date, the interval start day may be postponed as follows: No forecast Interval Start Date commences two (2) months after application date. Collocation July 14, 2003 v070301 3.4 Verizon Idaho/MClm Forecast received one month prior to application date: Interval Start Date commences two (2) months after application date. Forecast received two (2) months prior to application date: Interval Start Date commences one month after application date, Any such interval adjustments will be discussed with MClm at the time the application is received, Collocation Capacity Verizon s estimate of its present capacity (i.e., no more than an increase of 15% over the average number of applications received for the preceding three months in a particular geographic area) is based on current staffing and current vendor arrangements. If the forecasts indicate spikes in demand , Verizon will attempt to smooth the demand via negotiations with the forecasting CLECs. If Verizon and MClm fail to agree to smooth demand, Verizon will determine if additional expenditures would be required to satisfy the spikes in demand and will work with the Commission Staff to determine whether such additional expenditure is warranted and to evaluate cost recovery options. If Verizon augments its workforce based on forecasts, Verizon reserves the right to hold CLECs accountable for the accuracy of their forecasts. Vendor Capacity. Verizon will continuously seek to improve vendor performance for all premises work, including collocation. Since the vendors require notice in order to meet increases in demand, Verizon will share MClm actual and forecasted demand with appropriate vendors, as required , subject to the appropriate confidentiality safeguards, Verizon will seek assistance from the CLECs to resolve vendor inability to meet demands. Responsibilitv for Vendor Delavs.No party shall be excused from their obligations due to the acts or omissions of a Party s subcontractors, material men, suppliers or other third persons providing such products or services to such Party unless such acts or omissions are the product of a Force Majeure Event, or unless such delay or failure and the consequences thereof are beyond the reasonable control and without the fault or negligence of the Party claiming excusable delay or failure to perform. Space Preparation Caqe Construction . For caged collocation , MClm may construct the cage with a standard enclosure if they are a Verizon approved contractor or MClm may subcontract this work to a Verizon approved contractor. Site Selection/Power.Verizon shall designate the space within its Premise where MClm shall collocate its equipment. Verizon will assign collocation space to MClm in a just, reasonable, and nondiscriminatory manner. Verizon will allow MClm requesting caged or cageless collocation to submit space preferences on the Application Form prior to assigning caged and cageless collocation space to MClm. Verizon will assign caged and cageless space in accordance with the following standards: (1) MClm s collocation costs cannot be materially increased by the assignment; (2) MClm s occupation and use of Verizon Amend No, 1 Collocation July 14, 2003 v070301 Verizon Idaho/MClm 6.4 Amend No, 1 premises cannot be materially delayed by the assignment; (3) The assignment cannot impair the quality of service or impose other limitations on the service MClm wishes to offer; and (4) The assignment cannot reduce unreasonably the total space available for caged and cage less collocation, or preclude unreasonably, caged and cageless collocation within Verizon s premises. Verizon may assign caged and cage less collocation to space separate from space housing Verizon s equipment, provided that each of the following conditions is met: (1) Either legitimate security concerns, or operational constraints unrelated to Verizon s or any of its affiliates' or subsidiaries competitive concerns, warrant such separation; (2) Any caged and cage less collocation space assigned to an affiliate or subsidiary of Verizon is separated from space housing Verizon equipment; (3) The separated space will be available in the same time frame as, or a shorter time frame than, non-separated space; (4) The cost of the separated space to MClm will not be materially higher than the cost of non-separated space; and (5) The separated space is comparable, from a technical and engineering standpoint, to non- separated space. Where applicable, Verizon shall provide, at the rates set forth in Appendix A described in Section 1 .1, 48V DC power with generator and/or battery back-up, heat, air conditioning and other environmental support to MClm s equipment in the same standards and parameters required for Verizon equipment within that Verizon Premise. MClm may install AC convenience outlets and overhead lighting if MClm is a Verizon approved contractor, or this work may be subcontracted to a Verizon approved contractor. DC Power.Verizon will provide DC power to the collocation arrangement as specified by MClm in its Collocation application. The MClm will specify the load on each feed-and the size of the fuse to be placed on each feed, Charges for DC power will be applied based on the total number of load amps ordered on each feed. For example, if MClm orders a total of 40 load amps of DC power and an A and B feed , MClm could order 20 load amps on the A feed and 20 load amps on the B feed. Verizon will permit MClm to order a fuse size up to 2.5 times the load amps ordered provided that applicable law permits this practice. Thus, MClm could order that each feed be fused at 50 amps if MClm wants one feed to carry the entire load in the event the other feed fails. Accordingly, MClm will be charged on the basis of the total number of load amps ordered, i.e., 40 amps, and not based on the total number of amps available for the fuse size ordered, MClm is responsible for engineering the power consumption in its Collocation arrangements and therefore must consider any special circumstances in determining the fused capacity of each feed. Verizon will engineer the power feeds to the Collocation arrangement in accordance with industry standards based upon requirements ordered by MClm in its Collocation application. Any subsequent orders to increase DC power load at a Collocation arrangement must be submitted on a Collocation application. Verizon reserves the right to perform random inspections to verify the actual power load being drawn by a Collocation arrangement. At any Collocation July 14, 2003 v070301 Verizon Idaho/MClm Amend No. time, without written notice, Verizon may measure the DC power drawn at an arrangement by monitoring the power distribution point. In those instances where Verizon needs access to the Collocation arrangement to make these measurements, Verizon will schedule a joint meeting with MClm. If the inspection reveals that the power being drawn does not exceed the total number of load amps ordered, no further action will apply. If the inspection reveals that the power being drawn is greater than 100% and up to 110% of the total number of load amps ordered Verizon will provide MClm with written notification by certified U.S. Mail to the person designated by MClm to receive such notice that more power is being drawn than was ordered. Within five (5) Business Days of the date of notification , MClm must reduce the power being drawn to match its ordered load or revise its power requirement to accommodate the additional power being drawn. Failure to reduce the power being drawn or submit a revised application within the five (5) Business Days will result in an increase in the amount of power being billed to 110% of the power ordered in the application on file. If the inspection reveals that the power being drawn is greater than 110% of the total number of load amps ordered, that arrangement is subject to the following treatment: 1 .Verizon will provide MClm with written notification by certified U.S, Mail to the person designated by MClm to receive such notice that it has exceeded its ordered power. Additional Labor charges, as set forth in Appendix A, apply for the cost associated with performing this inspection, 1 .Verizon will bill MClm for the full fused capacity for each of the next six (6) bill periods following the inspection. After six (6) months of full fused capacity billing, and upon receipt of an application to revise the power required at that arrangement, Verizon will adjust the billing to reflect MClm revised power requirement. In the event that a revised application is not submitted, billing at full fused capacity will continue until a revised application is received. 8.4 Within fifteen (15) Business Days of the date of notification MClm must submit a non-scheduled attestation of the power being drawn at each of its remaining Collocation arrangements. Failure to submit this non-scheduled attestation will result in the application of Additional Labor charges set forth in Appendix A for any subsequent power inspections Verizon performs prior to receipt of the next scheduled attestation. Scheduled attestations are described in Section 1.9 following. Annually, MClm must submit a written statement signed by a responsible officer of MClm , which attests that it is not exceeding the total load of power as ordered in its Collocation applications. This attestation, which must be received by Verizon no later than the last day of June , shall individually list all of MClm s completed Collocation arrangements provided by Verizon in all of its operating territories. If Collocation July 14, 2003 v070301 Verizon Idaho/MClm 1 . MClm fails to submit this written statement by the last day in June, Verizon will notify MClm in writing that it has thirty (30 days) to submit its power attestation. Failure to submit the required statement within the 30 day notice period will result in the billing of DC power at each Collocation arrangement to be increased to the total number of amps fused. Whenever Verizon is required to perform work on an Collocation arrangement as a result of MClm s order for a reduction in power requirements (e., change in fuse size), Verizon will assess a nonrecurring charge for the additional labor. The nonrecurring charge applies for the first half hour (or fraction thereof) and for each additional half hour (or fraction thereof) per technician, per occurrence as shown in Appendix A. If MClm orders a change in the power configuration requiring new - volt DC power feeds to the Collocation arrangement, Verizon will require an Engineering/Major Augment Fee with an application, as set forth in Appendix A, subject to the terms and conditions described in Section 1.5. In addition, if MClm s order for a reduction in DC power triggers the deployment of power cabling to a different power distribution point, the Engineering/Major Augment Fee as set forth in Appendix A applies. Verizon will work cooperatively with MClm to configure the new power distribution cables and disconnect the old ones. Equipment and Facilities Amend No. Purchase of Equipment.MClm will be responsible for supply, purchase, delivery, installation and maintenance of its equipment and equipment bay(s) in the collocation area. Verizon is not responsible for the design, engineering, or performance of MClm s equipment and provided facilities for collocation. Upon installation of all transmission and power cables for collocation services , MClm relinquishes all rights title and ownership of transmission (excluding fiber entrance facility cable) and power cables to Verizon. Permissible Equipment.Verizon shall permit the collocation and use of any equipment necessary for interconnection or access to unbundled network elements in accordance with the following standards: (1) Equipment is necessary for interconnection if an inability to deploy that equipment would, as a practical, economic, or operational matter preclude MClm from obtaining interconnection with Verizon at a level equal in quality to that which Verizon obtains within its own network or Verizon provides to any of its affiliates, subsidiaries , or other parties; and (2) Equipment is necessary for access to an unbundled network element if an inability to deploy that equipment would, as a practical economic, or operational matter, preclude MClm from obtaining nondiscriminatory access to that unbundled network element, including any of its features, functions, or capabilities. Multi-functional equipment shall be deemed necessary for interconnection or access to an unbundled network element if and only if the primary purpose and function of the equipment, as MClm seeks to deploy it, meets either or both of the standards set forth in the preceding paragraph. For a piece of equipment to be utilized primarily to obtain equal in quality interconnection or nondiscriminatory access to one or more unbundled network elements, there also must be a logical Collocation July 14, 2003 v070301 Verizon Idaho/MClm 7.4 Amend No, 1 nexus between the additional functions the equipment would perform and the telecommunication services MClm seeks to provide to its customers by means of the interconnection or unbundled network element. The collocation of those functions of the equipment that, as stand-alone functions, do not meet either of the standards set forth in the preceding paragraph must not cause the equipment to significantly increase the burden on Verizon s property. Whenever Verizon objects to collocation of equipment by MClm for purposes within the scope of Section 251 (c)(6) of the Act, Verizon shall prove to the state commission that the equipment is not necessary for interconnection or access to unbundled network elements under the standards set forth above, MClm may place in its caged collocation space ancillary equipment such as cross connect frames, and metal storage cabinets. Metal storage cabinets must meet Verizon Premise environmental standards. Specifications. MClm equipment must fully comply with Bellcore Network Equipment Building Systems (NEBS) Generic Equipment Requirements (GR-63-CORE), Electromagnetic Compatibility and Electrical Safety Generic Criteria for Network Telecommunications Equipment (GR-1089-CORE) and the Network Equipment Installation Standards Information Publication (IP-72201), Workmanship Requirement Profile and Verizon central office engineering, environmental and transmission standards as they relate to fire, safety, health, environmental safeguards, or interference with Verizon services or facilities. MClm equipment must conform to the same specific risk/safety/hazard standards which Verizon imposes on its own central office equipmentas defined in Verizon s NEBS requirements RNSA-NEB-95-0003, Revision 10 or higher. MClm equipment is not required to meet the same performance and reliability standards as Verizon imposes on its own equipment as defined in Verizon s RNSA-NEB-95-0003, Revision 10 or higher. In addition , MClm may install equipment that has been deployed by Verizon for five (5) years or more with a proven safety record. Verizon reserves the right to remove facilities and equipment from its list of approved products if such products, facilities, and equipment are determined to be no longer compliant with NEBS standards or Electromagnetic Compatibility and Electrical Safety Generic Criteria for Network Telecommunications Equipment (GR-1089-CORE). Verizon will provide 90 days' notice of the change unless it is due to an emergency that renders notice impossible. Cable. MClm is required to provide proper cabling, based on circuit type (VF, DSO , xDSL, DS1 , DS3, etc.) to ensure adequate shielding. Verizon cable standards are required to reduce the possibility of interference. MClm is responsible for providing fire retardant riser cable that meets Verizon standards. Verizon is responsible for placing MClm s fire retardant riser cable from the cable vault to the collocation space. Verizon is responsible for installing MClm provided fiber optic cable in the cable space or conduit from the first manhole to the premises. This may be shared conduit with dedicated inner duct. Collocation July 14, 2003 v070301 Verizon Idaho/MClm Amend No, 1 MClm provides its own fiber optic facility, then MClm shall be responsible for bringing its fiber optic cable to the Verizon Premise manhole. MClm must leave sufficient cable length for Verizon to be able to fully extend such cable through to MClm s collocation space. Manhole/Splicinq Restrictions. Verizon reserves the right to prohibit all equipment and facilities, other than fiber optic cable , in its manholes. MClm will not be permitted to splice fiber optic cable in the first manhole outside of the Verizon Premise. Where MClm is providing underground fiber optic cable in Manhole #1 , it must be of sufficient length as specified by Verizon to be pulled through the Verizon Premise to MClm collocation space. Verizon is responsible for installing a cable splice, if necessary, where MClm provided fiber optic cable meets Verizon standards within the Verizon Premise cable vault or designated splicing chamber. Verizon will provide space and racking for the placement of an approved secured fire retardant splice enclosure. Access Points and Restrictions Points of interconnection and demarcation between MClm s facilities and Verizon s facilities will be designated by Verizon. This point(s) will be a direct connection(s) to MClm s network. Verizon shall have the right to require MClm to terminate collocation facilities onto a Point of Termination (POT) Bay. MClm must tag all entrance facilities to indicate ownership. MClm will not be allowed access to Verizon s DSX line-ups , MDF or any other Verizon facility termination points. Only Verizon employees, agents or contractors will be allowed access to the MDF , DSX, or fiber distribution panel to terminate facilities, test connectivity, run jumpers and/or hot patch in-service circuits. Staqinq Area.For caged and cageless collocation arrangements MClm shall have the right to use a designated staging area, a portion of the Verizon Premise and loading areas, if available, on a temporary basis during MClm s equipment installation work in the collocation space. MClm is responsible for protecting Verizon s equipment Verizon Premise walls and flooring within the staging area and along the staging route. MClm will meet all Verizon fire, safety, security and environmental requirements. The temporary staging area will be vacated and delivered to Verizon in an acceptable condition upon completion of the installation work. MClm may also utilize a staging trailer, which can be located on the exterior premises of Verizon Premise. Verizon may assess MClm a market value lease rate for the area occupied by the trailer. Testinq. Upon installation of MClm s equipment, and with prior notice, Verizon will schedule time to work with MClm during the turn-up phase of the equipment to ensure proper functionality between MClm equipment and the connections to Verizon equipment. The time period for this to occur will correspond to Verizon s maintenance window installation requirements. It is solely the responsibility of MClm to provide their own monitor and test points, if required, for connection directly to its terminal equipment. Interconnection Between Collocated Spaces.Dedicated Transit Service (DTS), which allows for interconnection between MClm and another CLEC, provides a dedicated electrical or optical path between collocation arrangements (caged , cageless, and virtual) of the same or of two different CLECs within the same Verizon premises, using Verizon Collocation July 14, 2003 v070301 Verizon Idaho/MClm provided distribution facilities. DTS is available for DSO, DS1 , DS3, and dark fiber cross connects. In addition, Verizon will also provide other technically feasible cross-connection arrangements, including lit fiber, on an Individual Case Basis (ICB) as requested by MClm and agreed to by Verizon, Verizon will offer DTS to MClm as long as such access is technically feasible. DTS is only available when both collocation arrangements (either caged cageless, and/or virtual) being interconnected are within the same Verizon premises, provided that the collocated equipment is used for interconnection with Verizon and/or for access to the Verizon s unbundled network elements. Verizon shall provide such DTS connections from MClm s collocation arrangement to another collocation arrangement of MClm within the same Verizon premises, or to a collocation arrangement of another CLEC in the same Verizon premises. DTS is provided at the same transmission level from MClm to another CLEC. The DTS arrangement requires MClm to provide cable assignment information for itself as well as for the other CLEC. Verizon will not make cable assignments for DTS. MClm is responsible for all DTS ordering, bill payment, disconnect orders and maintenance transactions and is the customer of record. When initiating a DTS request, MClm must submit an Access Service Request (ASR) and a letter of agency from the CLEC it is connecting to that authorizes the DTS connection and facility assignment. DTS is provided on a negotiated interval with MClm. Optical Facility Terminations If MClm requests access to unbundled dark fiber and unbundled optical interoffice facilities , MClm may apply for a fiber optic patchcord connection(s) between Verizon fiber distribution panel (FOP) and MClm collocated transmission equipment and facilities. The fiber optic patchcord cross connect is limited in use solely in conjunction with access to unbundled dark fiber unbundled optical interoffice facilities, and Dedicated Transit Service. Access to Collocation Space.Verizon will permit MClm s employees, agents , and contractors approved by Verizon to have direct access to MClm s caged and cageless collocation equipment twenty-four (24) hours a day, seven (7) days a week and reasonable access to Verizon s restroom and parking facilities. MClm employees, agents , or contractors must comply with the policies and practices of Verizon pertaining to fire, safety, and security. Verizon reserves the right, with twenty-four (24) hours prior notice to MClm, to access MClm collocated partitioned space to perform periodic inspections to ensure compliance with Verizon installation , safety and security practices, Where MClm shares a common entrance to the Verizon Premise with Verizon , the reasonable use of shared building facilities, e,, elevators, unrestricted corridors, etc., will be permitted. However, Verizon reserves the right to permanently remove and/or deny access from Verizon premises , any MClm employee, agent, or contractor who violates Verizon s policies, work rules, or business conduct standards, or otherwise poses a security risk to Verizon. Network Outaqe, Damaqe and Reportinq MClm shall be responsible for: (a) any damage or network outage occurring as a result of MClm owned or MClm designated termination equipment in Verizon Premise; (b) providing trouble report status when requested; (c) providing a contact number that is readily accessible twenty-four (24) hours a day, seven (7) days a week; (d) notifying Verizon of significant outages which could impact or degrade Verizon s switches and services and provide estimated clearing time for restoral; and (e) testing its Amend No, 1 Collocation July 14, 2003 v070301 equipment to identify and clear a trouble report when the trouble has been sectionalized (isolated) to MClm service. Verizon will make every effort to contact MClm in the event MClm equipment disrupts the network. If Verizon is unable to make contact with MClm, Verizon shall temporarily disconnect MClm s service, as provided in Section 1.11. 10. Security Requirements 10, Verizon Idaho/MClm Amend No, 1 Backqround Tests; Traininq . All employees, agents and contractors of MClm must meet certain minimum requirements as established by Verizon. Upon notification of available space, or as soon as reasonably practicable thereafter, MClm must submit to Verizon Security Department for prior approval a background investigation certification form for all employees, agents and contractors that will require access to Verizon Premises. MClm agrees that its employees/vendors with access to Verizon Premises shall at all times adhere to the rules of conduct established by Verizon for the Verizon Premises and Verizon s personnel and vendors, Verizon reserves the right to make changes to such procedures and rules to preserve the integrity and operation of Verizon s network or facilities or to comply with applicable laws and regulations. Verizon will provide MClm with written notice of such changes. Where applicable , Verizon will provide information to MClm on the specific type of security training required so MClm s employees can complete such training. Security Standards.Verizon will be solely responsible for determining the appropriate level of security in each Verizon Premise. Verizon reserves the right to deny access to Verizon buildings and/or outside Facility structures for any MClm employee , agent or contractor who cannot meet Verizon s established security standards. Employees, agents or contractors of MClm are required to meet the same security requirements and adhere to the same work rules that Verizon employees and contractors are required to follow. Verizon also reserves the right to deny access to Verizon buildings and/or outside Facility structures for MClm s employee , agent and contractor for falsification of records, violation of fire, safety or security practices and policies or other just cause. MClm employees, agents or contractors who meet Verizon s established security standards will be provided access to MClm s caged and cage less collocation equipment 24 hours a day, seven days a week and reasonable access to V~rizon restroom facilities. If MClm employees, agents or contractors request and are granted access to other areas of Verizon s premises, a Verizon employee, agent or contractor may accompany and observe MClm employee(s), agent(s) or contractor(s) at no cost to MClm. Verizon may use reasonable security measures to protect its equipment, including, for example, enclosing its equipment in its own cage or other separation, utilizing monitored card reader systems, digital security cameras, badges with computerized tracking systems, identification swipe cards, keyed access and/or logs, as deemed appropriate by Verizon. Verizon may require MClm employees and contractors to use a central or separate entrance to Verizon s premises, provided , however, that where Verizon requires that MClm employees or contractors access collocated equipment only through a separate entrance, employees and contractors of Verizon s affiliates and subsidiaries will be subject to the same restriction. Collocation July 14, 2003 p, 17 v070301 Verizon Idaho/MClm 10. Verizon may construct or require the construction of a separate entrance to access caged and cage less collocation space, provided that each of the following conditions is met: (i) Construction of a separate entrance is technically feasible; (ii) Either legitimate security concerns, or operational constraints unrelated to the incumbent's or any of its affiliates' or subsidiaries competitive concerns, warrant such separation; (iii) Construction of a separate entrance will not artificially delay collocation provisioning; and (iv) Construction of a separate entrance will not materially increase MClm s collocation costs. Access Cards/Identification . Access cards or keys will be provided to no more than a reasonable number of individuals for MClm for each Verizon Premise for the purpose of installation, maintenance and repair of MClm s caged and cageless collocation equipment. All MClm employees, agents and contractors requesting access to the Verizon Premise are required to have photo identification card, which identifies the person by name and the name of MClm. The 10 must be worn on the individual'exterior clothing while on or at Verizon Premises. Verizon will provide MClm with instructions and necessary access cards or keys to obtain access to Verizon premises. MClm is required to immediately notify Verizon by the most expeditious means when any MClm s employee, agent or contractor with access privileges to Verizon premises is no longer in its employ, or when keys, access cards or other means of obtaining access to Verizon premises are lost stolen or not returned by an employee, agent or contractor no longer in its employ. MClm is responsible for the immediate retrieval and return to Verizon of all keys, access cards or other means of obtaining access to Verizon premises upon termination of employment of MClm employee and/or termination of service, MClm shall be responsible for the replacement cost of keys, access cards or other means of obtaining access when lost, stolen or failure of MClm or MClm s employee, agent or contractor to return to Verizon. Emerqencv Access. MClm is responsible for providing a contact number that is readily accessible 24 hours a day, 7 days a week. MClm will provide access to its collocation space at all times to allow Verizon to react to emergencies, to maintain the building operating systems (where applicable and necessary) and to ensure compliance with OSHANerizon regulations and standards related to fire, safety, health and environment safeguards. Verizon will attempt to notify MClm in advance of any such emergency access. If advance notification is not possible Verizon will provide notification of any such entry to MClm as soon as possible following the entry, indicating the reasons for the entry and any actions taken which might impact MClm facilities or equipment and its ability to provide service. Verizon will restrict access to MClm s collocation space to persons necessary to handle such an emergency. The emergency provisioning and restoration of interconnection service shall be in accordance with Part 64, Subpart , Paragraph 64.401 , of the FCC's Rules and Regulations, which specifies the priority for such activities. Verizon reserves the right, without prior notice, to access MClm s collocation space in an emergency, such as fire or other unsafe conditions, or for purposes of averting any threat of harm imposed by MClm or MClm s equipment upon the operation of Verizon s or another CLEC's equipment facilities and/or employees located outside MClm s collocation space. Verizon will notify MClm as soon as possible when such an event has occurred. In case of a Verizon work stoppage, MClm s employees, contractors or agents will comply with the emergency operation procedures established by Verizon, Such emergency procedures should not directly affect MClm s access to its premises, or ability to Amend No, 1 Collocation July 14, 2003 v070301 Verizon Idaho/MClm provide service. MClm will notify Verizon point of contact of any work stoppages by MClm employees. 1.4. Space Requirements1.4 1.4. 1.4. 1 .4.4 Space Availability If Verizon is unable to accommodate caged and cageless collocation requests at a Verizon Premise due to space limitations or other technical reasons, Verizon will post a list of all such sites on its website and will update the list within ten (10) calendar days of the date at which a Verizon Premise runs out of caged and cageless collocation space. This information will be listed at the following public Internet URL: http://www.qte.com/requiatory Where Verizon has denied caged and cage less collocation requests at a Verizon Premise due to space limitations or other technical reasons, Verizon shall: (a) submit to the state commission, subject to any protective order as the state may deem necessary, detailed floor plans or diagrams of the Verizon Premise which show what space, if any, Verizon or any of its affiliates has reserved for future use; and describe in detail, the specific future uses for which the space has been reserved and the length of time for each reservation; and (b) allow MClm to tour the entire premises of the Verizon Premise , without charge, within ten (10) calendar days of the tour request. Minimum/Maximum/Additional Space. The standard sizes of caged collocation space will be increments of 100 square feet unless mutually agreed to otherwise by Verizon and MClm. The minimum amount of floor space available to MClm at the time of the initial application will be twenty-five (25) square feet of caged collocation space or one (1) single bay in the case of cage less collocation. The maximum amount of space available in a specific Verizon Premise to MClm will be limited to the amount of existing suitable space which is technically feasible to support the collocation arrangement requested, Existing suitable space is defined as available space in a Verizon Premise that does not require the addition of AC/DC power, heat and air conditioning, battery and/or generator back-up powerand other requirements necessary for provisioning collocation services. Additional space to provide for caged, cageless and/or adjacent collocation will be provided on a per request basis , where available, Additional space can be requested by MClm by completing and submitting a new application form and the applicable non-refundable engineering fee set forth in Appendix A described in Section 1.1. Verizon will not be required to lease additional space when available space has been exhausted. Use of Space . Verizon and MClm will work cooperatively to determine proper space requirements, and efficient use of space. In addition to other applicable requirements set forth in this Agreement, MClm shall install all its equipment within its designated area in contiguous line-ups in order to optimize the utilization of space within Verizon s Premises. MClm shall use the collocation space solely for the purposes of installing, maintaining and operating MClm s equipment to interconnect for the exchange of traffic with Verizon and/or for purposes of accessing UNEs. MClm shall not construct improvements or make alterations or repairs to the collocation space without the prior written approval of Verizon. The collocation space may not be used for administrative purposes and may not be used as MClm s employee(s) work location, office or retail space, or storage. The collocation space shall not be used as MClm s mailing or shipping address. Reservation of Space.Verizon reserves the right to manage its Verizon Premise conduit requirements and to reserve vacant space for planned facility, Verizon will retain and reserve a limited amount of vacant floor space within its Verizon Premises for its own specific future uses on terms no more favorable than applicable to other CLECs seeking to reserve collocation space for their own future use. If the remaining vacant floor space within a Verizon Premise is Amend No, 1 v070301Collocation July 14, 2003 p, 19 Verizon Idaho/MClm 1.4. 1.4. Pricinq reserved for Verizon s own specific future use, the Verizon Premise will be exempt from future caged and cage less collocation requests. MClm shall not be permitted to reserve Verizon Premise cable space or conduit system. If new conduit is required, Verizon will negotiate with MClm to determine an alternative arrangement for the specific location, MClm will be allowed to reserve collocation space for its caged/cageless arrangements based on MClms documented forecast provided Verizon and subject to space availability. Such forecast must demonstrate a legitimate need to reserve the space for use on terms no more favorable than applicable to Verizon seeking to reserve vacant space for its own specific use. Cage less collocation bays may not be used solely for the purpose of storing MClm equipment. Collocation Space Report. Upon request by MClm and upon MClm signing a collocation nondisclosure agreement, Verizon will make available a collocation space report with the following information for the Verizon Premise requested: 1.4.Detailed description and amount of caged and cageless collocation space available; Number of telecommunications carriers with existing collocation arrangements; 1.4. 1.4.Modifications of the use of space since the last collocation space report requested; and 1 .4.5.4 Measures being taken, if any, to make additional collocation spaces available. The collocation space report is not required prior to the submission of a collocation application for a specific Verizon Premise in order to determine collocation space availability for the Verizon Premise. The collocation space report will be provided to MClm within ten (10) calendar days of the request provided the request is submitted during the ordinary course of business, collocation space report fee contained in Appendix A will be assessed per request and per Verizon Premise, Reclamation,When initiating an application form MClm must have started installing equipment approved for collocation at Verizon Premise within a reasonable period of time , not to exceed sixty (60) calendar days from the date MClm accepts the collocation arrangement. If MClm does not utilize its collocation space within the established time period , and has not met the space reservation requirements of Section 1.4.4 to the extent applicable, Verizon may reclaim the unused collocation space to accommodate another CLEC's request or Verizon s future space requirements. Verizon shall have the right, for good cause shown, and upon sixty (60) calendar days' notice, to reclaim any collocation space, cable space or conduit space in order to fulfill its obligation under public service law and its tariffs to provide telecommunication services to its Customers. In such cases, Verizon will reimburse MClm for reasonable direct costs and expenses in connection with such reclamation, Verizon will make every reasonable effort to find other alternatives before attempting to reclaim any such space. MClm may seek Commission relief from reclamation within ten (10) Business Days of being notified. Rate Sheet.The rates for Verizon s collocation services provided pursuant to this Agreement are set forth in the Pricing Appendix to this Collocation Attachment attached hereto only to the extent that there are no corresponding rates in an Amend No, 1 Collocation July 14, 2003 v070301 applicable Collocation tariff on file with the Commission. If there is a Collocation tariff on file with the Commission, the rates in such tariff shall apply and the rates set forth in the Pricing Appendix to this Collocation Attachment shall not apply. Subsequent to the execution of this Agreement, Verizon also may elect to file a Collocation tariff with provisions addressing any of the rates specified in this Agreement. Any such filing will expressly supercede and replace the corresponding rates set forth in the Pricing Appendix to this Collocation Attachment and will render such rates specified in the Pricing Appendix to this Collocation Attachment null and void. Notwithstanding anything in this Agreement to the contrary, the rates identified in this attachment also may be superseded prospectively by rates contained in future final , binding and non-appealable regulatory orders or as otherwise required by legal requirements. Billinq and Payment.The initial payment of NRCs shall be due and payable in accordance with Section 1,1. The balance of the NRCs and all related monthly recurring service charges will be billed to MClm when Verizon provides MClm access to the caged, cage less or adjacent collocation arrangement or completes installation of the virtual collocation arrangement and shall be payable accordance with applicable established payment deadlines. Liability and Indemnification In addition to their other respective indemnification and liability obligations set forth in this Agreement, each party shall meet the following obligations. To the extent that this provision conflicts with any other provision in this Agreement, this provision shall control. The fact that a provision appears in another part of this Agreement but not in this Attachment, or in this Attachment and not in another part of this Agreement, shall not be interpreted as, or deemed grounds for finding, a conflict. 6.4 Verizon Idaho/MClm No liability shall attach to Verizon for damages arising from errors, mistakes, omissions, interruptions , or delays of Verizon, its agents, servants or employees in the course of establishing, furnishing, rearranging, moving, terminating, or changing the service or facilities (including the obtaining or furnishing of information in respect thereof or with respect to the subscribers or users of the service or facilities) in the absence of gross negligence or willful misconduct. Subject to the preceding and to the provisions following, with respect to any claim or suit, by MClm or by any others, for damages associated with the installation provision , termination, maintenance, repair or restoration of service, Verizon liability, if any, shall not exceed an amount equal to the proportionate charge for the service by Verizon for the service for the period during which service was affected. Verizon shall not be liable for any act or omission of any other party furnishing a portion of service used in connection with the services herein. Verizon is not liable for damages to MClm premises resulting from the furnishing of service , including the installation and removal of equipment and associated wiring, unless the damage is caused by Verizon s gross negligence or willful misconduct. Verizon shall be indemnified, defended and held harmless by MClm and/or its end user against any claim, loss or damage arising from the use of services offered under this Attachment, involving: 1 .6.4.All claims , including but not limited to injuries to persons or property from voltages or currents, arising out of any act or omission of the Amend No, 1 v070301Collocation July 14, 2003 Verizon Idaho/MClm CLEC or its end user in connection with facilities provided by Verizon, MClm , or the end user; or 6.4,Verizon shall not be liable to MClm or its customers in connection with the provision or use of the services provided under this Attachment for indirect, incidental, consequential reliance or special damages, including (without limitation) damages for lost profits, regardless of the form of action , whether in contract, indemnity, warranty, strict liability, or tort, including (without limitation) negligence of any kind, even if Verizon has been advised of the possibility of such loss or damage. Verizon does not guarantee or make any warranty with respect to its services when used in an explosive atmosphere. Verizon shall be indemnified, defended and held harmless by MClm from any and all claims by any person relating to MClm s use of services so provided. No license under patents (other than the limited license to use) is granted by Verizon or shall be implied or arise by estoppel , with respect to any service offered under this Attachment. Verizon s failure to provide or maintain services under this Attachment shall be excused by labor difficulties, governmental orders, civil commotions, criminal actions taken against Verizon, acts of God and other circumstances beyond Verizon s reasonable control. Verizon shall not be liable for any act or omission of any other entity furnishing to MClm facilities, equipment, or services used in conjunction with the services provided under this Attachment. Nor shall Verizon be liable for any damages or losses due to unauthorized use of the services or the failure or negligence of MClm or MClm end user, or due to the failure of equipment, facilities , or services provided by MClm or its end user. Neither party shall be liable to the other or to any third party for any physical damage to each other s facilities or equipment within the central office, unless caused by the gross negligence or willful misconduct of the party s agents or employees. MClm shall indemnify, defend and save harmless Verizon from and against any and all losses, claims, demands, causes of action and costs, including attorney . fees , whether suffered, made, instituted or asserted by MClm or by any other party or person for damages to property and injury or death to persons, including payments made under any worker s compensation law or under any plan for employees' disability and death benefits, which may arise out of or be caused by the installation, maintenance, repair, replacement, presence, use or removal of MClm s equipment or facilities or by their proximity to the equipment or facilities or all parties occupying space within or on the exterior of Verizon s central office(s), or by any act or omission of Verizon , its employees , agents , former or striking employees, or contractors, in connection therewith, unless caused by gross negligence or willful misconduct on the part of Verizon. These provisions shall survive the termination , cancellation, modification or rescission of the Agreement for at least 18 months from the date of the termination. Verizon shall indemnify, defend and save harmless MClm from and against any and all losses , claims, demands, causes of action and costs , including attorneys fees, whether suffered, made, instituted or asserted by Verizon or by any other party or person for damages to property and injury or death to persons , including payments made under any worker s compensation law or under any plan for employees' disability and death benefits, which may arise out of or be caused by Amend No, 1 Collocation July 14, 2003 v070301 Casualty Verizon s provision of service within or on the exterior of the ceAtral office of by an act or omission of MClm , its employees, agents , former or striking employees, or contractors, in connection therewith, unless caused by gross negligence or willful misconduct on the part of MClm. These provisions shall survive the termination cancellation, modification or rescission of the Agreement for at least 18 months from the date of the termination. MClm shall indemnify, defend and save harmless Verizon from and against any and all losses, claims, demands, causes of action, damages and costs, including but not limited to attorney s fees and damages costs, and expense of relocating conduit systems resulting from loss of right-of-way or property owner consents which may arise out of or be caused by the presence, in, or the occupancy of the central office by MClm, and/or acts by MClm its employees , agents or contractors. MClm shall indemnify, defend, and hold harmless Verizon, its directors , officers and employees, servants, agents, affiliates and parent, from and against any and all claims, cost, expense or liability of any kind , including but not limited to reasonable attorney s fees, arising out of or relating to MClm installation and operation of its facilities or equipment within the multiplexing node, roof space and transmitter space. MClm represents, warrants and covenants that it shall comply with all applicable federal, state or local law, ordinance , rule or regulations, including but not limited , any applicable environmental, fire, OSHA or zoning laws. MClm shall indemnify, defend, and hold harmless Verizon its directors , officers and employees, servants, agents , affiliates and parent, from and against any and all claims, cost, expense or liability of any kind including but not limited to fines or penalties arising out of any breach of the foregoing by MClm, its directors, officers, employees, servants, agents, affiliates and parent. These provisions shall survive the termination, cancellation, modification or rescission of the Agreement for at least 18 months from the date of the termination. Verizon represents, warrants and covenants that it shall comply with all applicable federal , state or local law, ordinance, rule or regulations, in connection with its provision of service within or on the exterior of the central office , including but not limited to, any applicable environmental, fire, OSHA or zoning laws. Verizon shall indemnify, defend, and hold harmless MClm, its directors, officers , employees agents or contractors, from and against any and all claims, cost, expense or liability of any kind including but not limited to fines or penalties arising out of any breach of the foregoing by Verizon , its directors, officers and employees, servants , agents, affiliates and parent. These provisions shall survive the termination , cancellation, modification or rescission of the Agreement for at least 18 months from the date of the termination. Verizon and MClm shall each be responsible for all persons under their control or aegis working in compliance herewith, satisfactorily, and in harmony with all others working in or on the exterior of the central office and, as appropriate, cable space. If the collocation equipment location in Verizon s Premise is rendered wholly unusable through no fault of MClm, or if the Verizon Premises shall be so damaged that Verizon shall decide to demolish it, rebuild it, or abandon (whether or not the demised Verizon Premises are damaged in whole or in part), then, in any of such events, Verizon may elect to terminate the collocation arrangements in the damaged building or outside Facility structure by providing written notification to MClm as soon as practicable but no later than one hundred Verizon Idaho/MClm Amend No, 1 Collocation July 14, 2003 v070301 eighty (180) calendar days after such casualty specifying a date for the termination of the collocation arrangements, which shall not be more than sixty (60) calendar days after the giving of such notice. Upon the date specified in such notice, the term of the collocation arrangement shall expire as fully and completely as if such date were the date set forth above for the termination of this Agreement. MClm shall forthwith quit, surrender and vacate the Verizon Premises without prejudice. Unless Verizon shall serve a termination notice as provided for herein, Verizon shall make the repairs and restorations with all reasonable expedition subject to delays due to adjustment of insurance claims, labor troubles and causes beyond Verizon reasonable control. After any such casualty, MClm shall cooperate with Verizon s restoration by removing from the collocation space, as promptly as reasonably possible, all of MClm s salvageable inventory and movable equipment, furniture and other property. Verizon will work cooperatively with MClm to minimize any disruption to service , resulting from any damage. Verizon shall provide written notification to MClm detailing its plans to rebuild and will restore service as soon as practicable, In the event of termination, Verizon s rights and remedies against MClm in effect prior to such termination and any fees owing, shall be paid up to such date. Any payments of fees made by MClm which were because any period after such date shall be returned to MClm. Termination of Service, Verizon Idaho/MClm Grounds for Termination . Verizon s obligation to provide collocation is contingent upon MClm s compliance with the terms and conditions of this Attachment and other applicable requirements of this Agreement, including, without limitation Verizon s receipt of all applicable fees, rates, charges , application forms and required permits. Failure of MClm to make payments when due may result in termination of service. Collocation arrangements will automatically terminate if the premises in which the collocation space is located is closed, decommissioned or sold and no longer houses Verizon s network facilities. At least one hundred eighty (180) days written notice will be given to MClm of events which may lead to the automatic termination of any such arrangement pursuant to this Attachment, except when extraordinary circumstances require a shorter interval. In such cases, Verizon will provide notice to MClm as soon as practicable. Verizon will work with MClm to identify alternate collocation arrangements, Verizon will work cooperatively with MClm to minimize any potential for service interruption resulting from such actions. In addition to the other grounds for termination of collocation services set forth herein , Verizon also reserves the right to terminate such services upon thirty (30) calendar days notice in the event MClm: (a) is not in conformance with Verizon standards and requirements; and/or (b) imposes continued disruption and threat of harm to Verizon employees and/or network, or Verizon s ability to provide service to other CLECs. Effects of Termination. MClm must provide a minimum of thirty (30) calendar days written notice if MClm elects to terminate a existing collocation arrangement after acceptance of the collocation space All monthly recurring charges will continue for thirty (30) calendar days from the date of the termination notice, or until MClm s equipment is removed and the collocation space is restored to its original condition at space turnover, whichever is longer. Upon the termination of collocation service, MClm shall disconnect and remove its equipment from the designated collocation space. Verizon reserves the right to remove MClm equipment if MClm fails to remove and dispose of the equipment within the thirty (30) calendar days of discontinuance. MClm will be charged the appropriate additional labor charge in Appendix A for the removal of such equipment. Upon removal by MClm of all its equipment from the collocation space, MClm will reimburse Verizon for the cost to restore the collocation space to its original Amend No, 1 Collocation July 14, 2003 v070301 8.4 condition at time of occupancy. The cost will be applied based on the additional labor charges rate set forth in Appendix A. Cancellations and Acceptance Delavs If MClm elects to cancel a request for collocation when construction is in progress and prior to acceptance of the collocation space, MClm must do so in writing. Engineering/Major Augment fees submitted with the application will not be refunded. No monthly recurring charges will be billed to MClm. If MClm elects to not accept a completed collocation arrangement, MClm must provide written notice within 30 calendar days of the scheduled completion date to avoid incurring any monthly recurring charges. Engineering/Major Augment fees submitted with the application will not be refunded. Miscellaneous Verizon retains ownership of Verizon Premise floor space, adjacent land and equipment used to provide all forms of collocation. Verizon reserves for itself and its successors and assignees, the right to utilize the Verizon Premises' space in such a manner as will best enable it to fulfill Verizon s service requirements. MClm does not receive, as a result of entering into a collocation arrangement hereunder, any right, title or interest in Verizon s Premise Facility, the multiplexing node , multiplexing node enclosure, cable, cable space, cable racking, vault space or conduit space other than as expressly provided herein. To the extent that MClm requires use of a Verizon local exchange line, MClm must order a business local exchange access line (81). MClm may not use Verizon official lines. Virtual Collocation. Unless otherwise specified in this Section 1.9, the provisions contained in other sections of this Collocation Attachment shall apply to Virtual Collocation. Verizon Idaho/MClm Description Under virtual collocation, Verizon installs and maintains MClm provided equipment, which is dedicated to the exclusive use of MClm in a collocation arrangement. MClm provides fiber-optic facilities through Verizon entrance manholes for connection to MClm virtually collocated transmission equipment that provides interconnection to Verizon facilities located in the premises. The physical point of interface for connection to the virtual arrangement is referred to as manhole zero. From this manhole into the premises, Verizon shall assume ownership of and maintain the fiber. From this manhole toward MClm s location the fiber optic cable remains MClm responsibility, with MClm performing all servicing and maintaining full ownership. If MClm is purchasing Verizon provided unbundled interoffice facilities as transport, MClm entrance fiber is not required. All elements/services shall be connected to the output cables of the virtual collocation arrangement using Verizon designated cable assignments, not channel assignments. Virtual collocation is offered on a first come, first served basis and is provided subject to the availability of space and facilities in each premises where virtual collocation is requested. If MClm requests virtual collocation of equipment other than the standard virtual arrangement, MClm and Verizon will mutually agree upon the type of equipment to be virtually collocated. Implementation Intervals and PlanninQ Verizon and MClm shall work cooperatively to jointly plan the implementation milestones. Verizon and MClm shall work cooperatively in meeting those milestones and deliverables as Amend No, 1 Collocation July 14, 2003 v070301 9.4 Verizon Idaho/MClm determined during the joint planning process. A preliminary schedule will be developed outlining major milestones including anticipated delivery dates for the MClm-provided transmission equipment and for training. Verizon will notify MClm of issues or unanticipated delays, as they become known. Verizon and MClm shall conduct additional joint planning meetings, as reasonably required, to ensure all known issues are discussed and to address any that may impact the implementation process. Planning meetings shall include establishment of schedule , identification of tests to be performed , spare plug- in/card requirements, test equipment, and determination of the final implementation schedule. The implementation interval is 105 Business Days for all standard arrangement requests which were properly forecast six months prior to the application dates subject to the provisions in this Attachment governing forecasting and capacity, Verizon and MClm shall work cooperatively to schedule each site on a priority- based order. Verizon and MClm shall mutually agree upon intervals for non- standard arrangements. Transmission Failure In the event of a transmission failure, the obligation to determine fault location, regardless of whether the fiber span is equipped with optical regeneration equipment, lies with the transmitting end. It is the responsibility of the receiving end to report incoming signal loss to the transmitting end, Accommodations. Upon receipt of a completed application and associated Virtual Engineering fee , Verizon will conduct an application review, engineering review and site survey at the requested premises. Verizon will notify MClm within ten Business Days of the results of this review and site survey, The dedicated terminal equipment inside Verizon s premises shall be provided by MClm and leased to Verizon for the sum of one dollar after successful installation and equipment testing by Verizon, The term of the operating lease will run for the duration of the virtual collocation arrangement, at which time MClm will remove the equipment. MClm will retain ownership of this equipment inside the premises. Verizon will operate and maintain exclusive control over this equipment inside the premises. Where Verizon uses approved contractors for installation, maintenance or repairof Virtual collocation arrangements, MClm may hire the same approved contractors directly for installation, maintenance or repair of MClm designated equipment. Where Verizon does not use contractors , MClm designated equipment and MClm provided facilities used in the provision of Virtual collocation will be installed maintained and repaired by Verizon. Verizon will maintain and repair MClm designated equipment under the same timeframe and standards as its own equipment. MClm personnel are not allowed on Verizon premises to maintain and repair on Virtual collocation equipment. Verizon shall monitor local premises and environmental alarms to support the equipment. Verizon will notify MClm if a local office alarm detects an equipment affecting condition. Amend No, 1 v070301Collocation July 14, 2003 Verizon Idaho/MClm Verizon will be responsible to pull the fiber into and through the cable entrance facility (i.e., vault) to the virtual collocation arrangement. All installations into the cable entrance facility are performed by Verizon personnel or its agents. No virtual collocation arrangement will be placed in service by Verizon until necessary training has been completed (refer to Section 1.11). Pluq-ins and Spare Cards. When a plug-in/card is determined by Verizon to be defective, Verizon will label the plug-in as defective and place it in MClm- dedicated plug-in/card storage cabinet. MClm will be notified as the plug-in/card is replaced. Verizon will not provide spare plug-ins/cards under any circumstances, nor is Verizon responsible for MClm failure to replace defective plug-ins/cards. Verizon shall not be held responsible if MClm provides an inadequate supply of plug-ins/cards. Verizon will segregate and secure MClm-provided maintenance spares in MClm-provided spare plug-in/card cabinet. MClm shall provide the shop-wired piece of equipment fully pre-equipped with working plug-ins/cards. In addition , MClm shall provide Verizon with maintenance spares for each plug-in/card type. The number of maintenance spares shall be the manufacturer s recommended amount, unless otherwise mutually agreed by Verizon and MClm, provided however, that in no event shall the number of spare plug-ins/cards be less than two of each type. These spares must be tested by MClm prior to delivery to Verizon. In addition to maintenance spares , MClm will also provide any unique tools or test equipment required to maintain, turn-up, or repair the equipment. Upon receiving notification from Verizon that a plug-in/card has been replaced MClm is then responsible to contact the Verizon operations manager to arrange exchange and replacement of the plug-in/card. Exchanged, pre-tested spares shall be provided within one week of replacement of a defective plug-in/card. Subject to premise space availability, MClm shall have the option of providing a stand-alone spare plug-in/card cabinet(s) or a rack-mountable spare plug-in/card cabinet(s), to Verizon s specification, to house the spare plug-ins/cards. The spare plug-in/card cabinet(s) and minimum number of maintenance spares must be provided before the virtual collocation arrangement is completed and service is established. The amount of spare plug-ins/cards required will be based on the manufacturer recommended amount, unless otherwise mutually agreed by Verizon and MClm. Safety and Technical Standards. Verizon reserves all rights to terminate, modify or reconfigure the provision of service to MClm if, in the discretion of Verizon provision of service to MClm may in any way interfere with or adversely affect Verizon s network or its ability to service other CLECs. All MClm equipment to be installed in Verizon premises must fully comply with the GR - 000063 - CORE, GR - 1089 - CORE and Verizon premises environmental and transmission standards in effect at the time of equipment installation. The equipment must also comply with the requirements in NIP 74165 as they relate to fire , safety, health, environmental , and network safeguards. It is MClm responsibility to demonstrate and provide to Verizon adequate documentation from an accredited source certifying compliance. MClm Amend No, 1 Collocation July 14, 2003 v070301 Verizon Idaho/MClm equipment must conform to the same specific risk/safety/hazard standards which Verizon imposes on its own premises equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or higher. MClm equipment is not required to meet the same performance and reliability standards as Verizon imposes on its own equipment as defined in RNSA - NEB 95 - 0003, Revision 10 or higher. MClm may install equipment that has been deployed by Verizon for five years or more with a proven safety record. All MClm s entrance facilities and splices must comply with TR - TSY - 00020, TR - NWT - 001058, BR - 760 - 200 - 030 and SR - TAP - 001421 as they relate to fire, safety, health, environmental safeguards and interference with Verizon s services and facilities. Such requirements include, but are not limited to the following: (1) The fibers must be single mode; (2) The fiber optic units must be of loose tube (12 fibers) or ribbon (12 fibers) design; (3) The fiber cable must be marked according to the cable marking requirements in GR - 20 - CORE Section 6.1 - 4; (4) The fiber must be identified according to the fiber and unit identification (color codes) in GR - 20 - CORE, Section 6.5; (5) Unless otherwise mutually agreed, the outer cable jacket shall consist of a polyethylene resin, carbon black, and suitable antioxidant system; and (6) Silica fibers shall be fusible with a commercially available fusion splicer(s) that is commonly used for this operation. Control Over Premises-Based Equipment.Verizon exercises exclusive physical control over the premises-based transmission equipment that terminates MClm circuits and provides the installation, maintenance, and repair services necessary to assure proper operation of the virtually collocated facilities and equipment. Such work will be performed by Verizon under the direction of MClm. Removal of Equipment.Verizon reserves the right to remove facilities and equipment from its list of approved products if such products, facilities and equipment are determined to be no longer compliant with NEBS standards or GR 1089 - CORE. Installation and Trouble Resolution.Verizon will process and prioritize the trouble ticket in the same manner it does for its own equipment, including the dispatch of a technician to the equipment. The technician will contact MClm at the number provided and service the equipment as instructed and directed by MClm. Placement, Removal and Monitorinq of Facilities and Equipment.From manhole zero toward MClm s location the fiber optic cable remains MClm s responsibility, with MClm performing all servicing and maintaining full ownership. MClm has the responsibility to remotely monitor and control their circuits terminating in Verizon s premises, however, MClm will not enter Verizon premises under virtual collocation arrangements. Performance and surveillance monitoring and trouble isolation shall be provided by MClm. A clear distinction must be made by MClm when submitting reports of troubles on Verizon services/elements connected to the virtually collocated equipment and reports of troubles with the collocated equipment. The former can be handled using Verizon technicians and standard processes. The latter will require specially trained technicians familiar with the collocated equipment (refer to Section 1.11). When MClm isolates a trouble and determines that a Verizon technician should be dispatched to the equipment location for a servicing procedure, MClm shall enter Amend No, 1 Collocation July 14, 2003 v070301 Verizon Idaho/MClm a trouble ticket with Verizon. MClm shall provide standard trouble information including the virtual collocation arrangement's circuit identification, nature of the activity request, and the name and telephone number of MClm technician/contact. Responses to all equipment servicing needs will be at MClm direction. Maintenance will not be performed without MClm direct instruction and authorization. If MClm is providing its own transport fiber for the virtual collocation arrangement, MClm will arrange placement of the fiber into manhole zero with enough length (as designated by Verizon) to reach the virtual collocation arrangement. Maintenance activity (trouble in the equipment) is to be tested, isolated and evaluated by MClm. Verizon technicians will perform the instructed activities on the equipment as specifically directed by the CLEC. MClm shall provide, own , and operate the terminal equipment at their site outside Verizon s premises. Use of Non-Standard Equipment.When MClm requests a virtual collocation arrangement consisting of equipment which Verizon does not use in its network nor has deployed in that particular premise to provide service to itself or another CLEC, MClm shall be responsible for training 50%, but no fewer than five, of Verizon technicians in the administrative work unit responsible for servicing the equipment. Any special tools or electronic test sets that Verizon does not have at the premises involved must be provided by MClm with adequate manufacturer training. MClm is responsible to arrange and pay all costs (including but not limited to transportation and lodging for Verizon technicians) to have Verizon technicians professionally trained by appropriate trainers certified on the specific equipment to be used to provide the virtual collocation arrangement to MClm. MClm shall also pay for Verizon technicians' time subject to rates contained in Appendix A. When travel is required, travel expenses associated with training will be charged to MClm based on ticket stubs and/or receipts. This includes paying for mileage according to the IRS rates for personal car mileage or airfare, as appropriate MClm also has the option of arranging and paying for all travel expenses for Verizon technicians directly. In the event of an equipment upgrade, MClm must provide secondary training subject to the provisions contained herein. Additions and Rearranqements.Once MClm has established a virtual collocation arrangement, changes to the existing configuration , (including but not limited to growing, upgrading, and/or reconfiguring the current equipment) are considered rearrangements to that virtual collocation arrangement. If MClm decides to rearrange an existing virtual collocation arrangement, MClm must submit a new application outlining the details of the rearrangement along with a Virtual Engineering/Major Augment fee. Application of Rates and Charqes. Billinq. Verizon will apply charges (e., nonrecurring and recurring rates for entry fiber, power, etc.) and commence billing for the virtual collocation arrangement upon completion of the installation, when it shall have finished all elements of the installation under its control. The readiness of MClm to utilize the completed Amend No.Collocation July 14, 2003 v070301 virtual collocation arrangement will not impair the right of Verizon to commence billing. Verizon shall charge MClm for all costs incurred in providing the virtual collocation arrangement, including, but not limited to, Verizon s planning, engineering and installation time and costs incurred by Verizon for inventory services. Any and all expenses associated with placing MClm s fiber in manhole zero, including license fees, shall be the responsibility of MClm, Virtual Enqineerinq Fee.Verizon will require a Virtual Engineering/Major Augment fee (NRC) per virtual collocation request, per premise or other Verizon location where MClm requests to establish virtual collocation. A Virtual Engineering/Major Augment fee is required to be submitted by MClm with its application. This fee applies for all new virtual collocation arrangements as well as subsequent additions to an existing arrangement, and provides for application processing, and for Verizon s performance of an initial site visit and an engineering evaluation. If MClm cancels or withdraws its request for a virtual collocation arrangement prior to turn-up, MClm will be liable for all costs and liabilities incurred by Verizon in the developing, establishing, or otherwise furnishing the virtual collocation arrangement up to the point of cancellation or withdrawal. Other Virtual Collocation Rate Elements . The application, description , and rates of collocation rate elements that are also applicable for Virtual Collocation are described in Appendix A. Conversions.Requests for converting Virtual Collocation arrangements to Caged or Cage less arrangements shall be submitted and designated as an Augment Application described in Section 1.5. Requests for converting a Virtual arrangement to a Cageless arrangement that requires no physical changes to the arrangement will be assessed a Minor Augment fee. All other conversion requests for Virtual to Caged or Cageless will be assessed an Engineering/Major Augment Fee and other applicable charges. Verizon will notify MClm within ten (10) Business Days following receipt of the completed Augment Application if MClm conversion request is accepted or denied. When converting a Virtual arrangement to a Caged or Cageless arrangement, MClm s equipment may need to be relocated. The CLEC will be responsible for all costs associated with the relocation of its equipment as described in Section 1, Microwave Collocation. Microwave collocation is available on a first-come first-served basis where technically feasible. The microwave equipment may include microwave antenna(s), mounts, towers or other antenna support equipment on the exterior of the building, and radio transmitter/receiver equipment located either inside or on the exterior of the building. All microwave antennas must be physically interconnected to Verizon facilities through the collocation arrangement. Unless otherwise specified in this Section 1., the provisions contained in other sections of this Collocation Attachment shall apply to Microwave Collocation. 10. Verizon Idaho/MClm Accommodations. Verizon will provide space within the cable riser, cable rack support structures and between the transmitter/receiver space and the roof space needed to reach the physical or virtual collocation arrangement and to access Verizon s interconnection point. Waveguide may not be placed in Verizon cable risers or racks. Verizon reserves the right to prohibit the installation of waveguide metallic conduit and coaxial cable through or near sensitive equipment areas. Amend No, 1 Collocation July 14, 2003 v070301 10. 10. Verizon Idaho/MClm The route of the waveguide and/or coaxial cable as well as any protection required will be discussed during the pre-construction survey. Verizon will designate the space in , on or above the exterior walls and roof of the premises which will constitute the roof space or transmitter/receiver space. Verizon may require MClm s transmitter/receiver equipment to be installed in locked cabinet which may be free standing, wall mounted or relay rack mounted. Verizon may enclose MClm s multiplexing node or transmitter/receiver equipment in a cage or room. At the option of Verizon, the antenna support structure shall be built, owned and maintained by either Verizon or by MClm. Verizon reserves the right to use existing support structures for MClm s antenna, subject to space and capacity limitations. Verizon also reserves the right to use any unused portion of a support structure owned by CLEC for any reason , subject to the provisions set forth below, It shall be the responsibility of the owner of the support structure to maintain a record of the net book value of the structure. When Verizon is the owner of the structure, it shall keep such records in accordance with the FCC's Part 32 uniform system of accounts, When MClm is the owner of the structure, it shall keep such records in accordance with generally accepted accounting principles. The owner of the support structure shall use reasonable efforts to accommodate requests by other CLECs to use the support structure for microwave interconnection on a first-come first-served basis, For those interconnecting via microwave facilities, transmitter/receiver equipment may be located in MClm s interior collocation space, or in a separate location inside or on the exterior of the building as determined by Verizon. Security Verizon will permit MClm s employees, agents and contractors approved by Verizon to have access to the areas where MClm s microwave antenna and associated equipment (e. g" tower and support structure transmitter/receiver equipment, and waveguide and/or coaxial cable) is located during normal business hours for installation and routine maintenance, provided that MClm employees, agents and contractors comply with the policies and practices of Verizon pertaining to fire, safety and security. Such approval will not be unreasonably withheld. During non-business hours, Verizon will provide access on a per event basis. Verizon will also permit all approved employees , agents and contractors of MClm to have access to MClm s cable and associated equipment (e., repeaters). This will include access to riser cable, cableways, and any room or area necessary for access. Safety and Technical Standards . Verizon reserves the right to remove facilities and equipment from its list of approved products if such products, facilities and equipment are determined to be no longer compliant with NEBS standards or electromagnetic compatibility and electrical safety generic criteria for network telecommunication equipment specified in GR 1089 - CORE. Verizon will provide 90 days notice of the change unless it is due to an emergency which renders notice impossible. Verizon reserves the right to review wind or ice loadings, etc., for antennas over 18 inches in diameter or for any multiple antenna installations, and to require changes necessary to insure that such loadings meet generally accepted engineering criteria for radio tower structures. Amend No, 1 v070301Collocation July 14, 2003 Verizon Idaho/MClm The minimum height of equipment placement, such as microwave antennas, must be eight feet from the roof. For masts, towers and/or antennas over 10 feet height, MClm or if applicable, Verizon, shall have the complete structure, including guys and supports, inspected every two years by an acceptable licensed professional engineer of its choice specializing in this type of inspection. For MClm owned structures that are solely for the use of one CLEC's antenna(s), such inspection will be at MClm s own cost and expense. For structures used by multiple CLECs, the costs associated with such inspection shall be apportioned based on relative capacity ratios. A copy of this report may be filed with Verizon within 10 days of the inspection. The owner shall be responsible to complete all maintenance and/or repairs, as recommended by the engineer, within 90 days. MClm shall provide written notice to Verizon of any complaint (and resolution of such complaint) by any governmental authority or others pertaining to the installation , maintenance or operation of MClm s facilities or equipment located in roof space or transmitter/receiver space. MClm also agrees to take all necessary corrective action. All MClm microwave equipment to be installed in or on the exterior of Verizon premises must be on the Verizon s list of approved products, or equipment that is demonstrated as complying with the technical specifications described herein. Where a difference may exist in the specifications, the more stringent shall apply. MClm must comply with Verizon technical specifications for microwave collocation interconnection specified in NIP 74171 and Verizon digital switch environmental requirements specified in NIP - 74165, as they relate to fire, safety, health, environmental, and network safeguards, and ensure that MClm provided equipment and installation activities do not act as a hindrance to Verizon services or facilities, MClm s equipment placed in or on roof space or transmitter/receiver space must also comply with all applicable rules and regulations of the FCC and the FAA. MClm facilities shall be placed, maintained , relocated or removed in accordance with the applicable requirements and specifications of the current edition of NIP - 74171 , national electric code, the national electrical safety code, rules and regulations of the OSHA, and any governing authority having jurisdiction. All MClm microwave facilities must comply with Bellcore specifications regarding microwave and radio based transmission and equipment, CEF, BR - 760 - 200- 030, and SR - TAP - 001421; and Verizon s practices as they relate to fire safety, health , environmental safeguards transmission and electrical grounding requirements, or interference with Verizon services or facilities. The equipment located in, on or above the exterior walls or roof of Verizon building must either be on Verizon s list of approved products or fully comply with requirements specified in GR - 63 - CORE, GR -1089 - CORE and NIP 74171. This equipment must also comply with NIP - 74160 , premise engineering environmental and transmission standards as they relate to fire, safety, health environmental safeguards , or interference with Verizon service or facilities. Each transmitter individually and all transmitters collectively at a given location shall comply with appropriate federal, state and/or local regulations governing the safe levels of radio frequency radiation. The minimum standard to be met by MClm in all cases is specified in ANSI C95.1 - 1982. MClm equipment must conform to the same specific risk, safety, hazard standards which Verizon imposes on its own premises equipment as defined in RNSA - Amend No, 1 Collocation July 14, 2003 v070301 10.4 10. 10. Verizon Idaho/MClm NEB - 95 - 0003 , Revision 10 or higher. MClm equipment is not required to meet the same performance and reliability standards as Verizon imposes on its own equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or higher. Placement and Removal of Facilities and Equipment Prior to installation of MClm s facilities or transmission equipment for microwave interconnection, MClm must obtain at its sole cost and expense all necessary licenses, permits, approvals, and/or variances for the installation and operation of the equipment and particular microwave system, and when applicable for any towers or support structures, as may be required by authorities having jurisdiction. MClm is not permitted to penetrate the building exterior wall or roof when installing or maintaining transmission equipment and support structures. All building penetration will be done by Verizon or a hired agent of Verizon. Any MClm s equipment used to produce or extract moisture must be connected to existing or newly constructed building or roof top drainage systems, at the expense of MClm. MClm will be responsible for supplying, installing, maintaining, repairing and servicing the following microwave specific equipment: Waveguide, waveguide conduit, and/or coaxial cable, the microwave antenna and associated tower and support structure and any associated equipment; and the transmitter/receiver equipment and any required grounding. MClm may install equipment that has been deployed by the Verizon for five years or more with a proven safety record. Moves. Replacements or Other Modifications. Where MClm intends to modify, move replace or add to equipment or facilities within or about the roof space or transmitter/receiver space(s) and requires special consideration (e., use of freight elevators, loading dock, staging area, etc. ), MClm must request and receive written consent from Verizon. Such consent will not be unreasonably withheld. MClm shall not make any changes from initial installation in terms of the number of transmitter/receivers, type of radio equipment, power output of transmitters or any other technical parameters without the prior written approval of Verizon. Space and Facilities. Monthly rates are applicable to each microwave CLEC for the space (generally on the premises roof) associated with Verizon or MClm owned antenna support structures. The rate is calculated using the rate per square foot, multiplied by the square footage of the footprint, which resultant is multiplied by the CLEC's relative capacity ratio (RCR), (i.e., the sum of the RCRs of each of the CLEC's antennas). Square footage for the footprint will be based on the length times width of the entire footprint formed on the horizontal plane (generally the roof top) by the antenna(s), tower(s), mount(s), guy wires and/or support structures used by CLEC. For a non- rectangular footprint, the length will be measured at the longest part of the footprint and the width will be the widest part of the footprint. The owner of the support structure may charge MClms proposing to use the structure , on a one-time basis, for the following costs and/or values. Any incremental costs associated with installing the user s antenna, including but not limited to, the costs of engineering studies, roof penetrations, structural attachments, support structure modification or reinforcement, zoning and building permits. A portion of the net book value of the support structure based on the RCR of the user Amend No, 1 Collocation July 14, 2003 v070301 10. 10. Verizon Idaho/MClm proposed antenna(s) to be mounted on the structure. A user s RCR represents the percent of the total capacity of the support structure used by user s antenna(s) on the structure. Spare capacity shall be deemed to be that of the owner of the structure. RCRs shall be expressed as a two place decimal number, rounded to the nearest whole percent. The sum of all user s RCRs and the owner s RCR shall at all times equal 1.00. It shall be the responsibility of the owner of the structure to provide the proposed user the net book value of the structure at the time of the proposed use. Upon request, the owner shall also provide the proposed user accounting records or other documentation supporting the net book value. The owner of the structure may not assess other users of the structure any.charges in addition to the one-time charge described above, except that the owner of the structure may assess other user s a proportionate share of inspection costs and Verizon may assess microwave CLECs monthly recurring charges for use of its roof space. At the time a CLEC (including the owner) proposes' to attach additional antennas to an existing support structure, it shall be the responsibility of that CLEC to obtain, at their cost and expense, an engineering analysis by a registered structural engineer to determine the relative capacity ratio of all antennas on the structure, including the proposed antennas. When a CLEC is the owner of the structure, the proposed user shall pay the owner directly the one-time charge as set forth above. When Verizon is the owner of the support structure, it shall determine the charge on an individual case basis. In the event that a CLEC who owns the support structure fails to comply with these provisions, at Verizon s option , ownership of the support structure shall transfer to Verizon, Costs incurred by Verizon to conduct a review for wind or ice loadings (etc,) for antennas over 18 inches in diameter, or for any multiple antenna installation, and any changes which may be required thereto in order to insure that such loadings meet generally accepted engineering criteria for radio tower structures, will be billed to MClm. Emerqencv Power and/or Environmental Support.In the event special work must be done by Verizon to provide emergency power or environmental support to the transmitter/receiver equipment or antenna, MClm will be billed on a time and materials basis for the costs incurred. Escortinq . When MClm personnel are escorted by a qualified Verizon employee for access to the roof space, transmitter/receiver space, or cable risers and racking for maintenance, the miscellaneous labor charges as set forth in Appendix A will apply. Amend No, 1 Collocation July 14, 2003 v070301 PRICING APPENDIX TO THE COLLOCATION ATTACHMENT IDAHO Elements Non-Recurrinq Prices Engineering Costs Engineering/Major Augment Fee Minor Augment Fee Access Card Administration (New/Replacement) Cage Grounding Bar DC Power per occurrence NRC 129. per occurrence NRC 200. per card NRC 22. per bar NRC 1 ,437. per 40 amps NRC 731. per amp NRC Overhead Superstructure per project NRC 2,440. Facility Cable or Fiber Optic Patch cord PulifTermination Engineering per project NRC 76. Facility Cable Pull per cable run NRC 211. Fiber Optic Patchcord Pull per cable run NRC 207. DSO Cable Termination per 100 pair NRC DS1 Cable Termination per 28 pair NRC DS3 Coaxial Cable Termination (Preconnectorized)per termination NRC DS3 Coaxial Cable Termination (Unconnectorized)per termination NRC 11. Fiber Optic Patchcord Termination per termination NRC Fiber Cable Pull Engineering per project NRC 607. Place Innerduct per lin ft NRC Pull Cable per lin ft NRC Cable Fire Retardant per occurrence NRC 42. Fiber Cable Splice Engineering per project NRC 31. Splice Cable per fiber NRC 70. BITS Timing per project NRC 307. Monthlv Recurrinq Prices Caged Floor Space including Shared Access Area DC Power Building Modification Environmental Conditioning Facility Termination DSO DS1 DS3 Fiber Optic Patchcord Cable Rack Space - Metallic Cable Rack Space - Fiber Fiber Optic Patchcord Duct Space Manhole Space - Fiber Subduct Space - Fiber Cable Vault Splice Fiber Cable - 48 Fiber per sq ft MRC per 40 amps MRC 592. per amp MRC per request MRC 201. per 40 amps MRC 92. per amp MRC per 100 pr MRC per 28 pr MRC 16. per DS3 MRC 11. per connector MRC per cable run MRC per innerduct ft MRC per cable run MRC per project MRC per lin ft MRC Verizon Idaho/MClm Amend No, 1 Collocation July 14, 2003 v070301 AG EOi;QOIBEOGA1itON:iRA'tESA ' """""",."""""""'" """"""""""',,. """"""""" Elements Material Space Utilization in Vault Fiber Cable - 96 Fiber Mat~rial Space Utilization in Vault BITS Timing Verizon Idaho/MClm Amend No, 1 per splice per subduct per occurrence MAC MAC MAC 27. 11. Collocation July 14, 2003 v070301 Elements Non-Recurrin~ Prices Engineering Costs Engineering/Major Augment Fee Minor Augment Fee Access Card Administration (New/Replacement) DC Power Overhead Superstructure Facility Cable or Fiber Optic Patch cord Pullrrermination Engineering Facility Pull Fiber Optic Patchcord Pull DSO Cable Termination DS1 Cable Termination DS3 Coaxial Cable Termination (Preconnectorized) DS3 Coaxial Cable Termination (U nconnectorized) Fiber Optic Patchcord Termination Fiber Cable Pull Engineering Place Innerduct Pull Cable Cable Fire Retardant Fiber Cable Splice Engineering Splice Cable BITS Timing Monthly Recurrin~ Prices Relay Rack Floor Space DC Power Building Modification Environmental Conditioning Facility Termination DSO DS1 DS3 Fiber Optic Patchcord Cable Rack Space - Metallic Cable Rack Space - Fiber Fiber Optic Patchcord Duct Space Manhole Space - Fiber Subduct Space - Fiber Cable Vault Splice Verizon Idaho/MClm Amend No, 1 Collocation July 14, 2003 per occurrence NRC 129. per occurrence NRC 200. per card NRC 22, per 40 amps NRC 731. per amp NRC per project NRC 2,440. per project NRC 76. per cable run NRC 211. per cable run NRC 207. per 100 pair NRC per 28 pair NRC per termination NRC per termination NRC 11. per termination NRC per project NRC 607. per lin ft NRC per lin ft NRC per occurrence NRC 42. per project NRC 31. per fiber NRC 70. per project NRC 307. per lin ft MRC 20. per 40 amps MRC 592. per amp MRC per request MRC 201 . per 40 amps MRC 92. per amp MRC per 100 pr MRC per 28 pr MRC 16. per DS3 MRC 11. per connector MRC per cable run MRC per innerduct ft MRC per cable run MRC per project MRC per lin ft MRC v070301 CAG'Et;~$$i~,~C;L!P~A;rfG)N.RAmE$, ' Elements Fiber Cable - 48 Fiber Material Space Utilization in Vault Fiber Cable - 96 Fiber Material Space Utilization in Vault BITS Timing Verizon Idaho/MClm Amend No. per splice MRC 10. per subduct MRC per splice MRC 27. per subduct MRC per occurrence MRC 11. Collocation July 14, 2003 v070301 Elements Increment NRC MRC Rate Non-Recurrinq Prices Engineering Fee per occurrence NRC $958. Fiber Cable Pull Engineering per project NRC 607. Place Innerduct 1 lin ft NRC Pull Cable 1 lin ft NRC Cable Fire Retardant per occurrence NRC 42. Metallic Cable Pull Engineering per project NRC 607. Pull Cable 1 lin ft NRC Cable Fire Retardant per occurrence NRC 42. Cable Splice Engineering per project NRC 31. Metallic Cable Splicing (greater than 200 per DSO/DS1 pair NRC pair) Metallic Cable Splicing (200 pair or less)per DSO/DS1 pair NRC Fiber Cable Splicing (48 fiber cable or less)per fiber NRC 70. Fiber Cable Splicing (greater than 48 fiber)per fiber NRC 65. Facility Pull Engineering per project NRC 76. Facility Pull 1 lin ft NRC Facility Termination DSO Cable Connectorized per 100 pr NRC Unconnectorized per 100 pr NRC 42. DS1 Cable Connectorized per 28 pr NRC Unconnectorized per 28 pr NRC 32. DS3 (Coaxial) Cable Connectorized per DS3 NRC Unconnectorized per DS3 NRC 11. Fiber per fiber term NRC 70, BITS Timing per project NRC 307. Monthl Recurrin Prices Cable Space Subduct Space Manhole per project MRC Subduct 1 lin ft MRC Conduit Space - 4" Duct - Metallic Cable Manhole per conduit MRC 12. Conduit 1 lin ft MRC Facility Termination DSO per 100 pr MRC DS1 per 28 pr MRC 16. DS3 per coaxial MRC 11. Cable Vault Space Verizon Idaho/MClm Amend No, 1 Collocation July 14, 2003 v070301 Elements Metallic DSO Cable - 1200 Pair Material Space Utilization Metallic DSO Cable - 900 Pair Material Space Utilization Metallic DSO Cable - 600 Pair Material Space Utilization Metallic DSO Cable 100 Pair Material Space Utilization Fiber Cable - 48 fiber Material Space Utilization Fiber Cable - 96 fiber Material Space Utilization Cable Rack Space Metallic DSO Metallic DS1 Fiber Coaxial BITS Timing Verizon Idaho/MClm Amend No, 1 per splice MRC 464. per cable MRC per splice MRC 340. per cable MRC per splice MRC 226. per cable MRC per splice MRC 47. per cable MRC per splice MRC 10. per subduct MRC per splice MRC 27. per subduct MRC 1 lin ft MRC 1 lin ft MRC per innerduct ft MRC 1 lin ft MRC per occurrence MRC 11. Collocation July 14, 2003 vO70301 Non-RecurrinQ Prices Engineering Costs Engineering/Major Augment Fee Equipment Installation Software Upgrades Card Installation DC Power per project per fiber per project NRC 557. NRC 3,474. NRC 96. NRC 222. NRC 731. NRC NRC 76. NRC 211. NRC 207. NRC NRC NRC NRC 11. NRC NRC 607. NRC NRC NRC 42. NRC 31. NRC 70. NRC 307. per occurrence per quarter rack per base unit per card per 40 amps per amp Facility Cable or Fiber Optic Patchcord PullrrerminationEngineering per projectFacility Cable Pull per cable run Fiber Optic Patchcord Pull per cable run DSO Cable Termination per 100 pair DS1 Cable Termination per 28 pair DS3 Coaxial Cable Termination per termination (Preconnectorized) DS3 Coaxial Cable Termination (Unconnectorized) Fiber Optic Patchcord Termination Fiber Cable Pull Engineering Place Innerduct Pull Cable Cable Fire Retardant Fiber Cable Splice Engineering Splice Cable BITS Timing per termination per termination per project per lin ft per lin ft per occurrence Monthly RecurrinQ Prices Facility Termination DSO DS1 DS3 Fiber Optic Patchcord Cable Rack Space - Metallic Cable Rack Space - Fiber Fiber Optic Patchcord Duct Space Manhole Space - Fiber Subduct Space - Fiber Cable Vault Splice Fiber Cable - 48 Fiber per quarter rack MRC 82. per 40 amps MRC 592. per amp MRC per 40 amps MRC 92. per amp MRC per 100 pr MRC per 28 pr MRC 16. per DS3 MRC 11. per connector MRC per cable run MRC per innerduct ft MRC per cable run MRC per project MRC per lin ft MRC Equipment Maintenance DC Power Environmental Conditioning Material Space Utilization in Vault per splice per subduct MRC MRC 10. Verizon Idaho/MClm Amend No, 1 Collocation July 14, 2003 v070301 Elements Fiber Cable - 96 Fiber Material Space Utilization in Vault BITS Timing Verizon Idaho/MClm Amend No. per splice per subduct per occurrence Collocation July 14, 2003 NRC MRC MRC MRC MRC 27. 11. v070301 MICJ~Q~AMECBLUOCA:rIONRA:rE$Ii.I~ " ' ' Elements Non-RecurrinQ Prices :'1;::. Augment Fee Facility Pull Engineering Labor Building Penetration for Microwave Cable Special Work for Microwave per occurrence NRC 998. per project NRC 76. per linear ft NRC per occurrence NRC ICB per occurrence NRC ICB Monthlv RecurrinQ Prices Rooftop Space per sq ft MRC Verizon Idaho/MClm Amend No, 1 Collocation July 14, 2003 v070301 Elements Non-Recurrinq Prices DSO Service Order - Semi-Mechanized Service Order - Manual Service Connection - CO Wiring Service Connection - Provisioning DS1/DS3/Dark Fiber Service Order - Semi-Mechanized Service Order - Manual Service Connection - CO Wiring Service Connection - Provisioning Lit Fiber Verizon Idaho/MClm Amend No. Increment NRC / MRC Rate per order NRC 21. per order NRC 38. per jumper NRC per order NRC 64. per order NRC 21. per order NRC 38. per jumper NRC 17. per order NRC 78. ICB Collocation July 14, 2003 v070301 Labor: Overtime Installation Labor Overtime Repair Labor Additional Installation Testing Labor Standby Labor Testing & Maintenance with Other Telcos, Labor Other Labor Labor Rates: Basic Time, Business Day, Per Technician First Half Hour or Fraction Thereof Each Additional Half Hour or Fraction Thereof Overtime, Outside the Business Day First Half Hour or Fraction Thereof Each Additional Half Hour or Fraction Thereof Prem.Time,Outside Business Day, Per Tech First Half Hour or Fraction Thereof Each Additional Half Hour or Fraction Thereof Cable Material Facility Cable-DSO Cable (Connectorized) 100 pair Facility Cable-DS1 Cable (Connectorized) Facility Cable-DS3 Coaxial Cable Facility Cable-Shielded Cable (Orange Jacket) Fiber Optic Patchcord - 24 Fiber (Connectorized) Power Cable-Wire Power 1/0 Power Cable-Wire Power 2/0 Power Cable-Wire Power 3/0 Power Cable-Wire Power 4/0 Power Cable-Wire Power 350 MCM Power Cable-Wire Power 500 MCM Power Cable-Wire Power 750 MCM Facility Cable - Category 5 Connectorized Collocation Space Report per rates below per rates below per rates below per rates below per rates below per rates below NRC $42, NRC 21.41 NRC 100. NRC 75. NRC 150. NRC 125. per cable run NRC 324. per cable run NRC 301. per cable run NRC 82. per cable run NRC 34. per cable run NRC 810. per cable run NRC 91. per cable run NRC 132. per cable run NRC 146. per cable run NRC 180. per cable run NRC 307. per cable run NRC 428. per cable run NRC 658. per linear ft NRC per premise NRC 218. Verizon Idaho/MClm Amend No, 1 Collocation July 14, 2003 v070301 DESCRIPTION AND APPLICATION OF RATE ELEMENTS Non-Recurring Charges The following are non-recurring charges (one-time charges) that apply for specific work activity: Enqineerinq/Maior Auqment Fee. The Engineering/Major Augment Fee applies for each initial Caged Cageless , Virtual , or Microwave collocation request and major augment requests for existing Caged Cageless, and Virtual collocation arrangements. This charge recovers the costs of the initial walkthrough to determine if there is sufficient collocation space, the best location for the collocation area, what building modifications are necessary to provide collocation, and if sufficient DC power facilities exist in the premises to accommodate collocation. This fee also includes the total time for the Building Services Engineer and the time for the Outside Plant and Central Office Engineers to attend status meetings. Enqineerinq/Maior Auqment Fee (Microwave Only). The Engineering/Major Augment Fee for Microwave Collocation applies when an existing Caged and Cageless collocation arrangement is augmented with newly installed microwave antennae and other exterior facilities. This charge recovers the costs of the initial walkthrough to determine if there is sufficient space , the best location for the microwave antennae and other exterior facilities, what building modifications are necessary, if any, and if sufficient support facilities exist in the premises to accommodate the microwave antennae and other exterior facilities. This fee also includes the total time for the Building Services Engineer to coordinate the entire project. Minor Auqment Fee. The Minor Augment Fee applies for each minor augment request of an Existing Caged, Cageless, Virtual , or Microwave collocation arrangement that does not require additional AC or DC power systems, HVAC system upgrades, or additional cage space. Minor augments are those requests that require the Company to perform a service or function on behalf of the CLEC including, but not limited to: installation of Virtual equipment cards or software upgrades, removal of Virtual equipment, requests to pull cable from exterior microwave facilities, and requests to terminate DSO, DS1 and DS3 cables. Access Card Administration.The Access Card Administration rate covers activities associated with the issuance and management of premises access cards. The rate is applied on a per card basis. Caqe Groundinq Bar. The Cage Grounding Bar rate recovers the material and labor costs to provision a ground bar, including necessary ground wire, in the collocator s cage. BITS Timinq . The non-recurring charge for BITS Timing includes engineering, materials, and labor costs to wire a BITS port to the CLEC's equipment. If requested, it is applied on a per project basis. Overhead Superstructure.The Overhead Superstructure charge is applied for each initial caged and cageless collocation application. The Overhead Superstructure charge is designed to recover Verizon engineering, material , and installation costs for extending dedicated overhead superstructure. Facilitv Cable or Fiber Optic Patchcord PulifTermination-Enqineerinq. The Facility Cable or Fiber Optic Patchcord PulifTermination-Engineering charge is applied per project to recover the engineering costs of pulling and terminating the interconnection wire (cable or fiber patchcord) from the collocation cage or relay rack to the Main Distribution Frame block, DSX panel, or fiber distribution panel. The charge would also apply per project to recover the engineering costs of pulling transmission cable from microwave antennae facilities on the rooftop to the collocation cage or relay rack. Facilitv Pull.The Facility Pull charge is applied per cable run and recovers the labor cost of pulling metallic cable or fiber optic patchcord from the collocation cage or relay rack to the Main Distribution Frame block DSX panel, or fiber distribution panel. Verizon Idaho/MClm Amend No, 1 Collocation July 14, 2003 v070301 Cable Termination. The Cable Termination charge is applied per cable or fiber optic patchcord terminated and is designed to recover the labor cost of terminating transmission cable or fiber optic patchcord from the collocation cage or relay rack to the Main Distribution Frame block, DSX panel , or fiber distribution panel. Fiber Cable Pull-Enqineerinq. The Fiber Cable Pull-Engineering charge is applied per project to cover the engineering costs for pulling the CLEC's fiber cable, when necessary, into Verizon s central office. Fiber Cable Pull-Place Innerduct The Fiber Cable Pull-Place Innerduct charge is applied per linear foot to cover the cost of placing innerduct. Innerduct is the split plastic duct placed from the cable vault to the CLEC's equipment area through which the CLEC's fiber cable is pulled. Fiber Cable Pull-Labor.This charge is applied per linear foot and covers the labor costs of pulling the CLEC's fiber cable into Verizon s central office. Fiber Cable Pull-Fire Retardant.This charge is associated with the filling of space around cables extending through walls and between floors with a non-flammable material to prevent fire from spreading from one room or floor to another. Fiber Optic Patchcord Termination. The Fiber Optic Patchcord Termination is applied per fiber cable termination and recovers the labor cost to terminate the fiber optic patchcord cable, Fiber Splice-Enqineerinq. The Fiber Splice-Engineering charge is applied per project and covers the engineering costs for fiber cable splicing projects. Fiber Splice. The Fiber Splice charge is applied per fiber cable spliced and recovers the labor cost associated with the splicing. DC Power.The DC Power Charge is applied per 40 load amps requested for each caged , cageless, and virtual collocation application. This NRC recovers Verizon s engineering, material and installation costs for providing and terminating DC power runs to the collocation area. Cable Material Charqes. The CLEC has the option of providing its own cable or Verizon may, at the CLEC' request, provide the necessary transmission and power cables. If Verizon provides these cables, the applicable Cable Material Charge will be charged. Adjacent Enqineerinq Fee. The Adjacent Engineering Fee provides for the initial activities of the Central Office Equipment Engineer, Land & Building Engineer and the Outside Plant Engineer associated with determining the capabilities of providing Adjacent On-Site collocation. The labor charges are for an on-site visit, preliminary investigation of the manhole/conduit systems, wire center and property, and contacting other agencies that could impact the provisioning of adjacent collocation. Adjacent Fiber Cable Pull-Enqineerinq . The Adjacent Fiber Cable Pull-Engineering fee provides for engineering associated with pulling the CLEC's fiber cable in an adjacent collocation arrangement. The Adjacent Fiber Cable Pull-Engineering charge includes the time incurred by the Outside Plant Engineer on the project to determine the conduit! subduct assignment and associated outside plant activity to complete the work. Adjacent Fiber Cable Pull-Place Innerduct.This NRC covers the cost for placing innerduct, if required for adjacent collocation , which is the split plastic duct placed from the cable vault to the CLEC's equipment area through which the CLEC's fiber is pulled, Adjacent Fiber Cable Pull-Labor.This charge covers the labor costs for pulling CLEC fiber cable for an adjacent collocation arrangement. Refer to Adjacent Fiber Cable Pull-Engineering above. Verizon Idaho/MClm Amend No, 1 Collocation July 14, 2003 v070301 Adjacent-Cable Fire Retardant.This charge is associated with the filling of space around cables extending through walls and between floors with a non-flammable material to prevent fire from spreading from one room or floor to another. Adjacent Metallic Cable Pull-Enqineerinq . This NRC covers the engineering costs of pulling metallic cable for Adjacent collocation into Verizon s wire center. For Adjacent collocation, the metallic cable will be spliced in the cable vault to a stubbed connector located on the vertical side of the main distribution frame to provide proper protection for central office equipment. Adjacent Metallic Cable Pull Labor. This charge covers the labor costs of pulling metallic cable for Adjacent collocation into Verizon s wire center. Adjacent Cable Splice-Enqineerinq. This charge covers the outside plant engineering costs for cable splice projects associated with an adjacent collocation arrangement. Adjacent DS1/DSO Cable Splice-Greater Than 200 Pair. This charge is for the labor to splice metallic cables and is based on a per pair spliced, Adjacent DS1/DSO Cable Splice-Less Than 200 Pair.This charge is for the labor to splice metallic cables and is based on a per pair spliced. Adjacent Fiber Cable Splice. This charge covers the labor to splice fiber cables and is based on a per fiber spliced. Adjacent Facilitv Pull-Enqineerinq.This charge covers the engineering cost associated with the interconnection wire (cable) from the main distribution frame connector to a termination block or DSX panel. Adjacent Facilitv Pull-Labor, This charge covers the labor of running the interconnection wire (cable) from the main distribution frame connector to a termination block or DSX panel. Adjacent DSO Cable Termination (Connectorized)!Adjacent DSO Cable Termination (Unconnectorized) These charges cover the labor to terminate these types of interconnection wire (cable) for adjacent collocation to the main distribution frame block or DSX panel. Adjacent DS1 Cable Termination (Connectorized)!Adjacent DS1 Cable Termination (Unconnectorized) These charges cover the labor of terminating these types of interconnection wire (cable) for adjacent collocation to the main distribution frame block or DSX panel. Adjacent DS3 Coaxial Cable Termination (Preconnectorized) /Adjacent.These charges cover the labor of terminating this type of interconnection wire (cable) for adjacent collocation to the main distribution frame block or DSX panel. Adjacent Fiber Cable Termination. This charge covers the labor of terminating fiber cable for adjacent collocation to the main distribution frame block or DSX panel. Collocation Space Report When requested by a CLEC , Verizon will submit a report that indicates Verizon available collocation space in a particular premise. The report will be issued within ten calendar days of the request. The report will specify the amount of collocation space available at each requested premise, the number of collocators, and any modifications in the use of the space since the last report. The report will also include measures that Verizon is taking to make additional space available for collocation. Miscellaneous Services Labor.Additional labor, if required., to complete a collocation request or perform inventory services for CLECs. Verizon Idaho/MClm Amend No, 1 Collocation July 14, 2003 v070301 Facilitv Pull (Microwave Only). The Facility Pull charge is applied per linear foot and recovers the labor cost of pulling transmission cable from the microwave antennae and other exterior facilities on the rooftop to the transmission equipment in the collocation cage or relay rack, Buildinq Penetration for Microwave Cable. The reasonable costs to penetrate buildings for microwave cable to connect microwave antennae facilities and other exterior facilities to the transmission equipment in the collocation cage or relay rack will be determined and applied on an individual case basis, where technically feasible , as determined by the initial and subsequent Engineering surveys. Special Work for Microwave. The costs incurred by Verizon for installation of CLEC's microwave antennae and other exterior facilities that are not recovered via other microwave rate elements will be determined and applied on an individual case basis. Virtual Equipment Installation, The Virtual Equipment Installation charge is applied on a per quarter rack (or quarter bay) basis and recovers the costs incurred by Verizon for engineering and installation of the virtual collocation equipment. This charge would apply to the installation of powered equipment including, but not limited to, ATM, DSLAM , frame relay, routers, OC3, OC12, OC24, OC48, and NGDLC. This charge does not apply for the installation of splitters, Virtual Software Upqrade. The Virtual Software Upgrade charge is applied per base unit when Verizon, upon CLEC request, installs software to upgrade equipment for an existing Virtual Collocation arrangement. Virtual Card Installation.The Virtual Card Installation charge is applied per card when Verizon, upon CLEC request, installs additional cards for an existing Virtual Collocation arrangement. Dedicated Transit Service (DTS) Service Order Charqe.Applied per DTS order to the requesting CLEC for recovery of DTS order placement and issuance costs. The manual charge applies when the semi-mechanized ordering interface is not used. Dedicated Transit Service (DTS) - Service Connection CO Wirinq.Applied per DTS circuit to the requesting CLEC for recovery of DTS jumper material, wiring, service turn-up for DSO, DS1 , DS3, and dark fiber circuits. Dedicated Transit Service (DTS) - Service Connection Provisioninq. Applied per DTS order to the request CLEC for recovery of circuit design and labor costs associated with the provisioning of DSO, DS1 , DS3, and dark fiber circuits for DTS. Monthly Recurring Charges The following are monthly charges. Monthly charges apply each month or fraction thereof that Collocation Service is provided. Caqed Floor Space. Caged Floor Space is the cost per square foot to provide environmentally conditioned caged floor space to the CLEC. Environmentally conditioned space is that which has proper humidification and temperature controls to house telecommunications equipment. The cost includes only that which relates directly to the land and building space itself. Relav Rack Floor Space. The Relay Rack Floor Space charge provides for the environmentally conditioned floor space that a relay rack occupies based on linear feet. The standardized relay rack floor space depth is based on half the aisle area in front and back of the rack, and the depth of the equipment that will be placed within the rack. Cable Subduct Space-Manhole. This charge applies per project per month and covers the cost of the space that the outside plant fiber occupies within the manhole. Verizon Idaho/MClm Amend No, 1 Collocation July 14, 2003 v070301 Cable Subduct Space.The Subduct Space charge covers the cost of the subduct space that the outside plant fiber occupies and applies on a per linear foot basis. Fiber Cable Vault Splice.The Fiber Cable Vault Splice charge applies per subduct or per splice and covers the space and material cost associated with the CLEC's fiber cable splice within Verizon s cable vault. Cable Rack Space-Metallic. The Cable Space-Metallic charge is applied for each DSO , DS1 and DS3 cable run, The charge is designed to recover the space utilization cost that the CLEC's metallic and coaxial cable occupies within Verizon. Cable Rack Space-Fiber.The Cable Rack Space-Fiber charge recovers the space utilization cost that the CLEC's fiber cable occupies within Verizon s cable rack system. Fiber Optic Patchcord Duct Space. The Fiber Optic Duct Space rate element is applied per cable run and recovers the cost for the central office duct space occupied by the fiber optic patchcord cable. DC Power.The DC Power monthly charge is applied on a per 40 load amp basis. This charge is designed to recover the monthly facility and utility expense to power the collocation equipment. Facilitv Termination. This charge is applied per cable terminated. This charge is designed to recover the labor and material costs of the applicable main distribution frame 100 pair circuit block DSX facility termination panel, or fiber distribution panel. BITS Timinq. The BITS Timing monthly charge is designed to recover equipment and installation cost to provide synchronized timing for electronic communications equipment. This rate is based on a per port cost. Buildinq Modification. The Building Modification monthly charge is applied to each caged and cageless arrangement and is associated with provisioning the following items in Verizon s premises: security, dust partition , ventilation ducts, demolition/site work, lighting, outlets, and grounding equipment. Environmental Conditioninq. The Environmental Conditioning charge is applied to each caged, cageless and virtual arrangement on a per 40 amp increment based on the CLEC's DC Power requirements. This charge is associated with the provisioning of heating, ventilation, and air conditioning systems for the CLEC' equipment in Verizon s premises. Adjacent Cable Subduct Space-Manhole.This charge covers the space utilization cost that the outside plant fiber or metallic cable occupies within the manhole. Adjacent Cable Subduct Space.The Adjacent Cable Subduct Space charge covers the space utilization cost of the subduct that the outside plant fiber or metallic cable occupies within the conduit system. Adjacent Conduit Space (Metallic)-Manhole . This charge covers the space utilization cost that the outside plant metallic cable occupies within the manhole. Adjacent Conduit Space (Metallic). This charge covers the space utilization cost that the outside plant metallic cable occupies within the conduit system. Adjacent Facilitv Termination DSO Cable. This charge is applied per 100 pair cable terminated. This charge is designed to recover the labor and material cost of the main distribution frame 100 pair circuit block. Adjacent Facilitv Termination DS1 Cable.The Facility Termination (DS1) charge is applied per 28 pair DS1 cable terminated. This charge is designed to recover the labor and material cost of the DSX facility termination panel. Verizon Idaho/MClm Amend No, 1 Collocation July 14, 2003 v070301 Adjacent Facilitv Termination DS3 Cable. The Facility Termination (DS3) charge is applied per DS3 cable terminated. This charge recovers the labor and material cost of the DSX facility termination panel. Adjacent Cable Vault Space. The Adjacent Cable Vault Space charge covers the cost of the space the CLEC's cable occupies within the cable vault. The charge is based on the diameter of the cable or subduct. Adjacent Cable Rack Space . This charge covers the space utilization cost that the CLEC's fiber, metallic or coaxial cable occupies within the cable rack system. The charge is based on the linear feet occupied. Microwave Rooftop Space, Microwave Rooftop Space is the cost per square foot to provide rooftop space to the CLEC for microwave antennae and other exterior facilities. The cost includes only that which relates directly to the land and building space itself. Virtual Equipment Maintenance.The Virtual Equipment Maintenance charge is applied on a per quarter rack (or quarter bay) basis and recovers the costs incurred by the Company for maintenance of the CLEC's virtual collocation equipment. This charge would apply to the maintenance of equipment including, but not limited to, A TM, DSLAM, frame relay, routers, OC3, OC12, OC24, OC48, and NGDLC. This charge does not apply for the maintenance of splitters, Verizon Idaho/MClm Amend No, 1 Collocation July 14, 2003 v070301