20100514Amendment 6.pdf

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20575 NW Von Neumann DR
Hilsboro, OR 97076
May 13,2010
Ms, Jean Jewell, Secretar
Idaho Public Utilities Commssion
P.O. Box 83720
Boise, il 83720-0074
Re: VZN-T~03-07 - Amendment Nos. 5 &ß the interconnection agreement between
Venzon Nortwest Inc. and MCImetro Access Transmission Services LLC
Dear Ms. Jewell:
Attched please find an onginal plus thee còpies of Amendment Nos. 5 & 6 to the
interconnection agreement between Venzon Nortwest Inc. and MCImetro Access Transmission
Services LLC.
If you have any questions concerng ths filing, please contact me at 972-718-3418.
Sincerely,
tiiz 110/ ~
Sr. Staf Consultant
Regulatory and Governent Afais
Attachments
RECEIVED
2010 HAY i 4 PM 2: 03
IDAHO PiJ3UC
UTiLITIES COMMiSSION
AMENDMENT NO.6
TO THE
INTERCONNECTION AGREEMENT
BETWEEN
VERIZON NORTHWEST INC.
AND
MCIMETRO ACCESS TRANSMISSION SERVICES LLC
This Amendment NO.6 (the "Amendment") is made by and between Verizon Northwest
Inc. ("Verizon"), a Washington corporation with offces at 180041 st Street, Everett, WA 98201,
and MClmetro Access Transmission Services LLC, a limited liability company with offices at
22001 Loudoun County Parkway, Ashburn, Virginia 20147 ("MClmetro"), and shall be deemed
effective on March 1,2010 (the "Amendment Effective Date"). Verizon and MClmetro are
hereinafter referred to collectively as the "Parties" and individually as a "Part". This Amendment
covers services in Verizon's service territory in the State of Idaho (the "State").
WITNESSETH:
WHEREAS, pursuant to an adoption letter dated June 23, 2003 (the "Adoption Lettet'),
MClmetro adopted in the State of Idaho, the terms of the interconnection agreement between
ICG Telecom Group Inc. and Verizon California, Inc. flk/a GTE California Incorporated that was
approved by the California Public Utilities Commission (such Adoption Letter and underlying
adopted interconnection agreement referred to herein, together with any amendment(s) thereto,
collectively being the "Agreement"); and
WHEREAS, the Federal Communications Commission (the "FCC") released an order on
August 21, 2003 in CC Docket Nos. 01-338, 96-98, and 98-147 (the 'Triennial Review Order" or
"TRO"), which became effective as of October 2, 2003; and
WHEREAS, on March 2, 2004, the U.S. Court of Appeals for the District of Columbia
Circuit (the "D.C. Circuit") issued a decision affrming in part and vacating in part the TRO (the
"D.C. Circuit Decision"); and
WHEREAS, on August 20,2004, the FCC released an Order in WC Docket No. 04-313
and CC Docket No. 01-338 (the "Interim Rules Order") setting forth certain interim rules regarding
the temporary reinstatement of unbundling obligations for certain network elements with respect
to which the D.C. Circuit Decision holds that the FCC has made no lawful impairment finding
under Section 251 of the Act; and
WHEREAS, on February 4, 2005, the FCC released an Order on Remand in WC Docket
No. 04-313 and CC Docket No. 01-338 (the "TRRO") setting forth rules that supplanted, effective
MClmetro 10 TRRO Amendment 020210
March 11, 2005, the temporary rules set forth in the Interim Rules Order and addressing the
remanded issues raised in the D.C. Circuit Decision; and
WHEREAS, in light of the foregoing developments, the Parties, pursuant to Section
252(a) of the Communications Act of 1934, as amended, (the "Act", wish to amend the
Agreement in order to give contractual effect to the provisions set forth herein; and
NOW, THEREFORE, in consideration of the promises and mutual agreements set forth
herein, the Parties agree to amend the Agreement as follows:
1. Amendment to Agreement. The Agreement is amended to include the following
provisions and the Pricing Attachment to this Amendment (including Exhibit A) attached
hereto, all of which shall apply to and be a part of the Agreement notwithstanding any
other provision of the Agreement or a Verizon tariff or a Verizon Statement of Generally
Available Terms and Conditions ("SGAT").
2. General Conditions.
2.1 Notwithstanding any other provision of the Agreement, this Amendment, or any
Verizon tariff or SGAT: (a) Verizon shall be obligated to provide access to
unbundled Network Elements ("UNEs"), combinations of unbundled Network
Elements ("Combinations"), or UNEs commingled with wholesale services
("Commingling") to MClmetro under the terms of this Amendment only to the
extent required by both 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, and (b)
Verizon may decline to provide access to UNEs, Combinations, or Commingling
to MClmetro under the terms of this Amendment to the extent that provision of
access to such UNEs, Combinations, or Commingling is not required by 47
U.S.C. § 251 (c)(3) or is not required by 47 C.F.R Part 51.
2.2 To the extent Verizon is required to provide a UNE, Combination, or
Commingling under this Amendment, MClmetro may use such UNE,
Combination, or Commingling only for those purposes for which Verizon is
required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 to provide such UNE,
Combination, or Commingling to MClmetro.
2.3 Notwithstanding any other provision of the Agreement, this Amendment, or any
Verizon tariff or SGAT, to the extent Verizon becomes obligated to provide to
MClmetro pursuant to both 47 U.S.C. § 251 (c)(3) and 47 C.F.R Part 51 a
Discontinued Facility or a UNE, Combination, or Commingling that, as of the
Amendment Effective Date, Verizon is not required to provide to MClmetro under
the Amended Agreement, 47 U.S.C. § 251 (c)(3), and 47 C.F.R Part 51, the
rates, terms, conditions for such Discontinued Facilty, UNE, Combination, or
Commingling shall be as provided in an applicable Verizon tariff that Verizon,
after the Amendment Effective Date, establishes or revises to provide for such
rates, terms, and conditions, or (in the absence of an applicable Verizon tariff that
Verizon, after the Amendment Effective Date, establishes or revises to provide
for such rates, terms, and conditions) as mutually agreed by the Parties in a
written amendment to the Amended Agreement.
2.4 Discontinued Facilities
2.4.1 Generally
2.4.1.1 Notwithstanding any other provision of the Agreement, this
Amendment, or any Verizon tariff or SGAT, Verizon shall
not be obligated to offer or provide access on an
MClmetro 10 TRRO Amendment 020210 2
2.4.1.2
2.4.1.3
2.4.1.4
2.4.1.5
MClmetro 10 TRRO Amendment 020210
unbundled basis at rates prescribed under Section 251 of
the Act to any facility that is or becomes a Discontinued
Facilty, whether as a stand-alone UNE,as part of a
Combination, or otherwise. To the extent Verizon has not
already ceased providing a particular Discontinued Facilty
to MClmetro, Verizon, provided it has given at least ninety
(90) days written notice of discontinuance of such
Discontinued Facility, will continue to provide such
Discontinued Facility under the Amended Agreement only
through the effective date of the notice of discontinuance,
and not beyond that date.
To the extent a facility is (or becomes) a Discontinued
Facility only as to new orders that MClmetro may place for
such a facility, Verizon, to the extent it has not already
discontinued its acceptance of such new orders and
provided it has given at least ninety (90) days written
notice in cases where it has not already discontinued its
acceptance of such new orders, may reject such new
orders on the effective date of the notice of discontinuance
and thereafter. Verizon may, but shall not be required to,
issue the foregoing notice in advance of the date on which
the facilty shall become a Discontinued Facility as to new
orders that MClmetro may place, so as to give effect to
Verizon's right to reject such new orders immediately on
that date.
The Parties acknowledge that Verizon, prior to the
Amendment Effective Date, has provided MClmetro with
any required notices of discontinuance of certain
Discontinued Facilties, and that Verizon, to the extent it
has not already done so pursuant to a pre-existing or
independent right it may have under the Agreement, a
Verizon SGAT or tariff, or otherwise, may, at any time and
without further notice to MClmetro, cease providing any
such Discontinued Facilities.
Notwithstanding any other provision of the Amended
Agreement, MClmetro shall not order a UNE or
combination of UNEs where the order would conflict with a
non-impaired Wire Center designation set forth in a list of
non-impaired Wire Centers that Verizon makes or has
made available to MClmetro by notice and/or by
publication on Verizon's wholesale website or that
otherwise conflicts with the non-impairment criteria set
forth in the TRRO (including, but not limited to, the caps
on the number of DS1 and DS3 Loops and DS1 and DS3
Transport circuits that Verizon is required to provide on an
unbundled basis), and Verizon, without first seeking
dispute resolution under Paragraph 234 of the TRRO, may
reject any such orders that MClmetro submits.
If, MClmetro, inadvertently or otherwise, submits to
Verizon an order that conflicts with Section 2.4.1.4 above
and Verizon, inadvertently or otherwise, provisions the
order on a Section 251 UNE basis, then upon thirt (30)
3
days notice from Verizon the subject service, facility or
arrangement shall be converted (or, in Verizon's sole
discretion, repriced in lieu of actual conversion until such
time as Verizon elects to convert) to an analogous service,
facility, or arrangement that is available under Verizon's
interstate special access tariff (Le., on the rates, terms,
and conditions that apply for a month-to-month term,
unless at the time MClmetro placed the subject disallowed
order MClmetro was subscribed to an applicable special
access term/volume plan or other applicable special
access tariff arrangement, in which case the rates, terms,
and conditions of plan or arrangement shall apply) or, in
the case of Dark Fiber Transport, the analogous
commercial service as determined by Verizon in its sole
discretion (the "Replacement Terms"). The Replacement
Terms shall apply retroactively to the date of provisioning
of the subject service, facility, or arrangement, and shall
apply prospectively from that date until such time as
different rates, terms, and conditions become effective
under an available alternative service, facility, or
arrangement that MClmetro validly requests. Without
limiting Verizon's rights or MClmetro's obligations under
this section, MClmetro shall cooperate with Verizon in
implementing the requirements of this section and shall
promptly submit any access service request ("ASR") (or
other transaction type upon which the Parties mutually
agree) that may be needed, and take such other action as
may be needed, to implement the requirements of this
section.
2.4.1.6 This Section 2.4 is intended to limit any obligation Verizon
might otherwise have to provide to MClmetro (or to notify
MClmetro of the discontinuance of) any facilty that is or
becomes a Discontinued Facility, and nothing contained in
this Section 2.4 or elsewhere in this Amendment shall be
deemed to establish in the first instance or to extend any
obligation of Verizon to provide any facility or Discontinued
Facility. This Section 2.4 shall apply notwithstanding
anything contained in the Agreement, this Amendment, or
any Verizon tariff or SGAT, but without limiting any other
right Verizon may have under the Agreement, this
Amendment, or any Verizon tariff or SGAT to cease
providing a facility that is or becomes a Discontinued
Facilty.
2.4.2 Continuation of Facilities Under Separate Arrangement. To the extent
MClmetro wishes to continue to obtain access to a Discontinued
Facility under a separate arrangement (e.g., a separate agreement at
market-based rates, an arrangement under a Verizon access tariff, or
resale), MClmetro shall have promptly undertaken and concluded
such efforts as may be required to secure such arrangement prior to
the date on which Verizon is permitted to cease providing the
Discontinued Facilty; provided, however, that in no event shall
MClmetro's failure to secure such an arrangement affect Verizon's
right to cease providing a facility that is or becomes a Discontinued
Facility. If Verizon is permitted to cease providing a Discontinued
MClmetro 10 TRRO Amendment 020210 4
Facilty under this Section 2.4 and MClmetro has not submitted an
LSR or ASR, as appropriate, to Verizon requesting disconnection of
the Discontinued Facility and has not separately secured from Verizon
an alternative arrangement to replace the Discontinued Facility, then
Verizon, to the extent it has not already done so prior to execution of
this Amendment, shall convert the subject Discontinued Facility to, or
(until such time as Verizon in its sole discretion elects to convert)
reprice the subject Discontinued Facility by application of a new rate
(or, in Verizon's sole discretion, by application of a surcharge) to be
equivalent to, the access, resale, or other analogous arrangement that
Verizon shall identify in a written notice to MClmetro. The rates,
terms, and conditions of any such arrangements shall apply and be
binding upon MClmetro as of the date specified in the written notice
issued by Verizon. The Parties acknowledge that Verizon has, in such
written notices issued to MClmetro prior to the Amendment Effective
Date, identified such arrangements to replace certain Discontinued
Facilities and that Verizon, to the extent it has not already done so,
may implement such arrangements without further notice.
2.4.3 Limitation With Respect to Replacement Arrangements.
Notwithstanding any other provision of this Amended Agreement, any
negotiations regarding any replacement arrangement or other facilty
or service that Verizon is not required to provide under the Federal
Unbundling Rules shall be deemed not to have been conducted
pursuant to the Amended Agreement, 47 U.S.C. § 252(a)(1), or47
C.F.R Part 51, and shall not be subject to arbitration pursuant to 47
U.S.C. § 252(b). Any reference in this Amended Agreement to
Verizon's provision of a facility, service, or arrangement that Verizon is
not required to provide under the Federal Unbundling Rules is solely
for the convenience of the Parties and shall not be construed to
require or permit arbitration of such rates, terms, or conditions
pursuant to 47 U.S.C. § 252(b).
2.4.4 Pre-Existing and Independent Discontinuance Rights. Verizon's rights
as to discontinuance of Discontinued Facilities pursuant to this Section
2.4 are in addition to, and not in limitation of, any rights Verizon may
have as to discontinuance of Discontinued Facilties under the
Agreement, a Verizon tariff or SGAT, or otherwise. Nothing contained
herein shall be construed to prohibit, limit, or delay Verizon's exercise
of any pre-existing or independent right it may have under the
Agreement, a Verizon tariff or SGAT, or otherwise to cease providing a
Discontinued Facilty.
2.4.5 Implementation of Rate Changes. Notwithstanding any other provision
of the Amended Agreement (including, but not limited to, the rates and
charges set forth therein), Verizon may, but shall not be required to,
implement any rate increases or new charges that may be established
by the FCC in the TRRO or subsequent orders for unbundled network
elements, combinations of unbundled network elements, or related
services, by issuing to MClmetro a notice of such rate increases
and/or new charges, provided that the rate provisions of such FCC
orders are not subject to a stay issued by any court of competent
jurisdiction. Any such rate increases or new charges shall take effect
on the date indicated in the notice issued by Verizon, but no earlier
than the date established by the FCC, and shall be paid by MClmetro
in accordance with the terms of the Amended Agreement. Verizon
MClmetro 10 TRRO Amendment 020210 5
may, but shall not be required to, use a true-up to apply the rate
increases or new charges effective as of the date indicated in the
notice issued by Verizon. The Parties acknowledge thatVerizon, prior
to the Amendment Effective Date, may have provided MClmetro such
a notice(s) identifying rate increases or new charges for certain
Discontinued Facilities, and that no further notice is required for those
rate increases or new charges to take effect. Any such rate increases
and new charges that the FCC may establish shall be in addition to,
and not in limitation of, any rate increases and new charges that the
Idaho Public Utilities Commission may approve or that Verizon may
otherwise implement under the Amended Agreement or applicable
tariffs. Nothing set forth in this Section 2.4.5 shall be deemed an
admission of Verizon (including, but not limited to, as to whether this
Amendment is required in order for Verizon to charge the FCC-
prescribed rate increases and new charges described herein) or limit
Verizon's right to appeal, seek reconsideration of, or otherwise seek to
have stayed, modified, reversed, or invalidated any limit the FCC may
impose on Verizon's rates and charges.
3. Provision of Certain Facilities and Services.
3.1 FTTP Loops
3.1.1 FTTP Loops - Greenfields. Notwithstanding any other provision of the
Amended Agreement or any Verizon tariff or SGAT, and for the
avoidance of doubt, in no event shall MClmetro be entitled to obtain
access to an FTTP Loop (or any segment or functionality thereof) on
an unbundled basis where Verizon has deployed such a Loop to the
customer premises of an end user that previously was not served by
any Verizon Loop other than an FTTP Loop.
3.1.2 FTIP Loops - Overbuilds. Notwithstanding any other provision ofthe
Amended Agreement (but subject to and without limiting Section 2
above) or any Verizon tariff or SGAT, if (a) Verizon deploys an FTTP
Loop to replace a copper Loop previously used to serve a particular
end user's customer premises, and (b) Verizon retires that copper loop
and there are no other available copper Loops or Hybrid Loops for
MClmetro's provision of a voice grade service to that end user's
customer premises, then in accordance with, but only to the extent
required by, 47 U.S.C. § 251 (c)(3) and 47 C.F.R Part 51, Verizon
shall provide MClmetro with nondiscriminatory access on an
unbundled basis to a transmission path capable of providing DSO
voice grade service to that end user's customer premises.
3.2 Hybrid Loops.
3.2.1 Packet Switched Features, Functions, and Capabilities.
Notwithstanding any other provision of the Amended Agreement or
any Verizon Tariff or SGAT, MClmetro shall not be entitled to obtain
access to the Packet Switched features, functions, or capabilities of
any Hybrid Loop on an unbundled basis.
3.2.2 Broadband Services. Notwithstanding any other provision of the
Amended Agreement (but subject to and without limiting Section 2
above) or any Verizon Tariff or SGAT, when MClmetro seeks access
to a Hybrid Loop for the provision of "broadband services," as such
MClmetro 10 TRRO Amendment 020210 6
\
term is defined by the FCC, then in accordance with, but only to the
extent required by, 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51,
Verizon shall provide MClmetro with unbundled access under the
Amended Agreement to the existing time division multiplexing
features, functions, and capabilities of that Hybrid Loop (but no
features, functions or capabilities used to transmit packetized
information) to establish a complete time division multiplexing
transmission path between the main distribution frame (or equivalent)
in a Verizon wire center serving an end user to the demarcation point
at the end user's customer premises.
3.2.3 Narrowband Services. Notwithstanding any other provision of the
Amended Agreement (but subject to and without limiting Section 2
above) or any Verizon Tariff or SGAT, when MClmetro seeks access
to a Hybrid Loop for the provision to its customer of "narrowband
services," as such term is defined by the FCC, then in accordance
with, but only to the extent required by, 47 U.S.C. § 251 (c)(3) and 47
C.F.R. Part 51, Verizon shall, in its sole discretion, either (a) provide
access under the Amended Agreement to a spare home-run copper
Loop serving that customer on an unbundled basis, or (b) provide
access under the Amended Agreement, on an unbundled basis, to a
DSO voice-grade transmission path between the main distribution
frame (or equivalent) in the end user's serving wire center and the end
user's customer premises, using time division multiplexing technology.
3.2.4 IDLC Hybrid Loops. Notwithstanding any other provision of the
Amended Agreement (but subject to and without limiting Section 2
above) or any Verizon Tariff or SGAT, if MClmetro requests, in order
to provide narrowband services, unbundling of a 2 wire analog or 4
wire analog Loop currently provisioned via Integrated Digital Loop
Carrier (over a Hybrid Loop), Verizon shall, as and to the extent
required by 47 U.S.C. § 251 (c)(3) and 47 C.F.R. Part 51, provide
MClmetro unbundled access to a Loop capable of voice-grade service
to the end user customer served by the Hybrid Loop.
3.2:4.1
3.2.4.2
MClmetro 10 TRRO Amendment 020210
Verizon wil endeavor to provide MClmetro with an
existing copper Loop or a Loop served by existing
Universal Digital Loop Carrier ("UDLC"). Standard
recurring and non-recurring Loop charges wil apply. In
addition, a non-recurring charge wil apply whenever a line
and station transfer is performed.
If neither a copper Loop nor a Loop served by UDLC is
available, Verizon shall, upon request of MClmetro,
construct the necessary copper Loop or UDLC facilties.
In addition to the rates and charges payable in connection
with any unbundled Loop so provisioned by Verizon,
MClmetro shall be responsible for the following charges:
(a) an engineering query charge for preparation of a price
quote; (b) upon MClmetro's submission of a firm
construction order, an engineering work order
nonrecurring charge; and (c) construction charges, as set
forth in the price quote. If the order is cancelled by
MClmetro after construction work has started, MClmetro
shall be responsible for cancellation charges and a pro-
7
3.2.4.3
3.3 Sub-Loop.
rated charge for construction work performed prior to the
cancellation.
Verizon may exclude its performance in connection with
providing unbundled Loops pursuant to this Section 3.2.4
from standard provisioning intervals and performance
measures and remedies, if any, contained in the Amended
Agreement or elsewhere.
3.3.1 Distribution Sub-Loop Facilty. Notwithstanding any other provision of
the Amended Agreement (but subject to the conditions set forth in
Section 2 above) or any Verizon tariff or SGAT, in accordance with,
but only to the extent required by, 47 U.S.C. § 251 (c)(3) and 47 C.F.R.
Part 51, upon site-specific request, MClmetro may obtain access to
the Distribution Sub-Loop Facility at a technically feasible access point
located near a Verizon remote terminal equipment enclosure at the
rates and charges provided for Unbundled Sub-Loop Arrangements
(or the Distribution Sub-Loop) in the Amended Agreement. It is not
technically feasible to access the sub-loop distribution facility if a
technician must access the facility by removing a splice case to reach
the wiring within the cable.
3.4 Commingling and Combinations.
3.4.1 Commingling. Notwithstanding any other provision of the Amended
Agreement (but subject to and without limiting the conditions set forth
in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or
SGAT:
3.4.1.1
MClmetro 10 TRRO Amendment 020210
Verizon wil not prohibit the commingling of an unbundled
Network Element or a combination of unbundled Network
Elements obtained under the Agreement or Amended
Agreement pursuant to 47 U.S.C. § 251 (c)(3) and 47
. C.F.R.Part 51, or Under äVerizon UNEtariff ("Qualifying
UNEs"), with wholesale services obtained from Verizon
under a Verizon access tariff or separate non-251
agreement ("Qualifying Wholesale Services"), but only to
the extent and so long as commingling and provision of
such Network Element (or combination of Network
Elements) is required by 47 U.S.C. § 251(c)(3) and 47
C.F.R. Part 51. Moreover, to the extent and so long as
required by 47 U.S.C. § 251 (c)(3) and 47 C.F.R Part 51
(subject to Section 3.4.1.2 below), Verizon shall, upon
request of MClmetro, perform the functions necessary to
commingle or combine Qualifying UNEs with Qualifying
Wholesale Services. The rates, terms and conditions of
the applicable access tariff or separate non-251
agreement will apply to the Qualifying Wholesale
Services, and the rates, terms and conditions of the
Amended Agreement or the Verizon UNE tariff, as
applicable, will apply to the Qualifying UNEs; provided,
however, that a nonrecurring charge will apply for each
UNE circuit that is part of a commingled arrangement, as
set forth in the Pricing Attachment to this Amendment.
8
This charge is intended to offset Verizon's costs of
implementing and managing commingled arrangements.
"Ratcheting," as thç:t term is defined by the FCC, shall not
be required. Qualifying UNEs that are commingled with
Qualifying Wholesale Services are not included in the
shared use provisions of the applicable tariff. Verizon may
exclude its penormance in connection with the
provisioning of commingled facilities and services from
standard provisioning intervals and from penormance
measures and remedies, if any, contained in the Amended
Agreement or elsewhere.
3.4.1.2 Limitations on Section 3.4. Section 3.4 is intended only to
address the Parties' rights and obligations as to the
combining and/or commingling of UNEs that Verizon is
already required to provide to MClmetro under the
Amended Agreement, 47 U.S.C. § 251 (c)(3), and 47
C.F.R. Part 51. Nothing contained in Section 3.4 shall be
deemed: (a) to establish any obligation of Verizon to
provide MClmetro with access to any facility that Verizon
is not required to provide to MClmetro on an unbundled
basis under the Amended Agreement, 47 U.S.C. §
251 (c)(3), and 47 C.F.R Part 51, or (b) to limit any right of
Verizon under the Amended Agreement, any Verizon tariff
or SGAT, or otherwise, to cease providing a facility that is
or becomes a Discontinued Facility.
3.4.2 Service Eligibilty Criteria for Certain Combinations and Commingled
Facilities and Services. Notwithstanding any other provision of the
Agreement, this Amendment (but subject to the conditions set forth in
Sections 2 and 3.4.1 above), or any Verizon tariff or SGAT:
3.4.2.1 Verizon shall not be obligated to provide:
3.4.2.1.1 an unbundled DS1 Loop in combination with
unbundled DS1 or DS3 Dedicated Transport, or
commingled with DS1 or DS3 access services;
3.4.2.1.2 an unbundled DS3 Loop in combination with
unbundled DS3Dedicated Transport, or
commingled with DS3 access services;
3.4.2.1.3 unbundled DS1 Dedicated Transport
commingled with DS1 channel termination
access service;
3.4.2.1.4 unbundled DS3 Dedicated Transport
commingled with DS1 channel termination
access service; or
3.4.2.1.5 unbundled DS3 Dedicated Transport
commingled with DS3 channel termination
service,
MClmetro 10 TRRO Amendment 020210 9
3.4.2.2
3.4.2.3
MClmetro 10 TRRO Amendment 020210
(individually and collectively "High Capacity EELs") except
to the extent and so long as Verizon is required by 47
U.S.C. § 251 (c)(3) and 47 C.F.R Part 51 to do so, and
then not unless and until MClmetro certifies in writing
(using an ASH or, as applicable, LSR) to Verizon for each
DS1 circuit or DS1 equivalent circuit that it is in
compliance with each of the service eligibility criteria set
forth in 47 C.F.R § 51.318. MClmetro must remain in
compliance with said service eligibility criteria for so long
as MClmetro continues to receive the aforementioned
combined or commingled facilties and/or services from
Verizon. The service eligibility criteria shall be applied to
each OS 1 circuit or OS 1 equivalent circuit. If the circuit is,
becomes, or is subsequently determined to be,
noncompliant, the noncompliant circuit wil be treated as
described in Section 3.4.2.2 below. The foregoing shall
apply whether the circuits in question are being
provisioned to establish a new circuit or to convert an
existing wholesale service, or any part thereof, to
unbundled network elements. For existing circuits, the
CLEC must re-certify in writing (i.e., ASR or, as applicable,
LSR) for each DS1 circuit or DS1 equivalent within 30
days of the Amendment Effective Date. Circuits not re-
certified shall be treated as described in Section 3.4.2.2
below.
Without limiting any other right Verizon may have to cease
providing circuits that are or become Discontinued
Facilities, if a circuit is or becomes noncompliant as
described in Section 3.4.2.1 above, and MClmetro has not
submitted an LSR or ASR, as appropriate, to Verizon
requesting disconnection of the noncompliant facilty and
has not separately secured from Verizon an alternative
arrangement to replace the noncompliant circuit, then
Verizon, to the extent it has not already done so prior to
execution of this Amendment, shall reprice the subject
circuit, effective beginning on the date on which the circuit
became r1on-compliant, by application of a new rate (or, in
Verizon's sole discretion, by application of a surcharge to
an existing rate) to be equivalent to an analogous access
service or other analogous arrangement that Verizon shall
identify in a written notice to MClmetro. Any negotiations
regarding any replacement arrangement or other facility or
service that Verizon is not required to provide to MClmetro
under both 47 C.F.R. 251 (c)(3) and 47 C.F.R. Part 51
shall be deemed not to have been conducted pursuant to
the Amended Agreement, 47 U.S.C. § 252(a)(1), or47
C.F.R. Part 51, and shall not be subject to arbitration
pursuant to 47 U.S.C. § 252(b).
Each written certification to be provided by MClmetro
pursuant to Section 3.4.2.1 above must contain the
following information for each DS1 circuit or DS1
equivalent: (a) the local~number assigned to each DS1
circuit or OS 1 equivalent; (b) the local numbers assigned
to each DS3 circuit (must have 28 local numbers assigned
10
3.4.2.4
3.4.2.5
3.4.2.6
3.42.7
MClmetro 10 TRRO Amendment 020210
to it); (c) the date each circuit was established in the
911/E911 database; (d) the collocation termination
connecting facility assignment for each circuit, showing
that the collocation arrangement was established pursuant
to 47 U.S.C. § 251 (c)(6), and not under a federal
collocation tariff; (e) the interconnection trunk circuit
identification number that serves each DS1 circuit. There
must be one such identification number per every 24 OS 1
circuits; and (f) the local switch that serves each DS1
circuit. When submitting an ASR for a circuit, this
information must be contained in the Remarks section of
the ASR, unless provisions are made to populate other
fields on the ASR to capture this information.
The charges for conversions are as specified in the
Pricing Attachment to this Amendment and apply for each
circuit converted.
All ASR-driven conversion requests wil result in a change
in circuit identification (circuit 10) from access to UNE or
UNE to access. If such change in circuit 10 requires that
the affected circuit(s) be retagged, then a retag fee per
circuit wil apply as specified in the Pricing. Attachment.
All requests for conversions will be handled in accordance
with Verizon's conversion guidelines. Each request wil be
handled as a project and will be excluded from all ordering
and provisioning metrics.
Once per calendar year, Verizon may obtain and pay for
an independent auditor to audit MClmetro's compliance in
all material respects with the service eligibility criteria
applicable to High Capacity EELs. Any such audit shall be
performed in accordance with the standards established
by the American Instiute for Certified Public Accountants,
and may include, at Verizon's discretion, the examination
of a sample selected in accordance with the independent
auditor's judgment. To the extent the independent
auditor's report concludes that MClmetro failed to comply
with the service eligibilty criteria for any DS1 or DS1
equivalent circuit, then (without limiting Verizon's rights
under Section 3.4.2.2 above) MClmetro must convert all
noncompliant circuits to the appropriate service, true up
any difference in payments, make the correct payments
on a going-forward basis, reimburse Verizon for the entire
cost of the audit within thirty (30) days after receiving a
statement of such costs from Verizon. Should the
independent auditor confirm MClmetro's compliance with
the service eligibility criteria for each DS1 or DS1
equivalent circuit, then MClmetro shall provide to the
independent auditor for its verification a statement of
MClmetro's out-of-pocket costs of complying with any
requests of the independent auditor, and Verizon shall
then reimburse MClmetro for its out-of-pocket costs within
thirty (30) days of the auditor's verification of the same.
MClmetro shall maintain records adequate to support its
11
compliance with the service eligibilty criteria for each OS 1
or DS1 equivalent circuit for at least eighteen (18) months
after the service arrangement in question is terminated.
3.5 Routine Network Modifications.
3.5.1 General Conditions. In accordance with, but only to the extent
required by, 47 U.S.C. § 251 (c)(3) and 47 C.F.R. Part 51, and subject
to the conditions set forth in Section 2 above:
3.5.1.1 Verizon shall make such routine network modifications, at
the rates and charges set forth in the Pricing Attachment
to this Amendment, as are necessary to permit access by
MClmetro to the Loop, Dedicated Transport, or Dark Fiber
Transport facilities available under the Amended
Agreement (including DS1 Loops and DS1 Dedicated
Transport, and DS3 Loops and DS3 Dedicated Transport),
where the facilty has already been constructed. Routine
network modifications applicable to Loops or Transport
may include, but are not limited to: rearranging or splicing
of in-place cable at existing splice points; adding an
equipment case; adding a doubler or repeater; installng a
repeater shelf; deploying a new multiplexer or
reconfiguring an existing multiplexer; accessing manholes;
and deploying bucket trucks to reach aerial cable.
Routine network modifications applicable to Dark Fiber
Transport may include, but are not limited to, splicing of in-
place dark fiber at existing splice points; accessing
manholes; deploying bucket trucks to reach aerial cable;
and routine activities, if any, needed to enable MClmetro
to light a Dark Fiber Transport facilty that it has obtained
from Verizon under the Amended Agreement. Routine
network modifications do not include the construction of a
new Loop or new Transport facilities, trenching, the pullng
of cable, the installation of new aerial, buried, or
underground cable for a requesting telecommunications
carrier, or the placement of new cable. Verizon shall not
be required to build any time division multiplexing (TOM)
capabilty into new packet-based networks or into existing
packet-based networks that do not already have TOM
capabilty. Verizon shall not be required to perform any
routine network modifications to any facilty that is or
becomes a Discontinued Facility.
3.5.2 Performance Plans. Verizon may exclude its performance in
connection with the provisioning of Loops or Transport (including Dark
Fiber Transport) for which routine network modifications are performed
from standard provisioning intervals and performance measures and
remedies, if any, contained in the Amended Agreement or elsewhere.
3.5.3 Nothing contained in this Section 3.5 shall be deemed: (a) to establish
any obligation of Verizon to provide on an unbundled basis under 47
U.S.C. § 251 (c)(3) and 47 C.F.R. Part 51 any facility that the Amended
Agreement does not otherwise require Verizon to provide on an
unbundled basis under 47 U.S.C. § 251 (c)(3) and 47 C.F.R Part 51,
(b) to obligate Verizon to provide on an unbundled basis under 47
MClmetro 10 TRRO Amendment 020210 12
U.S.C. § 251 (c)(3) or 47 C.F.R Part 51, for any period of time not
required under the Amended Agreement, access to any Discontinued
Facility, or (c) to limit any right of Verizon under the Amended
Agreement, any Verizon tariff or SGAT, or otherwise, to cease
providing a Discontinued Facility.
4. Miscellaneous Provisions.
4.1 Conflict between this Amendment and the Agreement. This Amendment shall be
deemed to revise the terms and provisions of the Agreement 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 Agreement this Amendment shall govern, provided,
however, that the fact that a term or provision appears in this Amendment but not
in the Agreement, or in the Agreement but not in this Amendment, shall not be
interpreted as, or deemed grounds for finding, a conflict for purposes of this
Section 4.1.
4.2 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.
4.3 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.
4.4 Scope of Amendment. This Amendment shall amend, modify and revise the
Agreement only to the extent set forth expressly herein. As used herein, the
Agreement, as revised and supplemented by this Amendment, shall be referred
to as the "Amended Agreement." Nothing in this Amendment shall be deemed to
amend or extend the term of the Agreement, or to affect the right of a Party to
exercise any right of termination it may have under the Agreement.
4.5 Reservation of Rights. Notwithstanding any contrary provision in the Agreement,
this Amendment, or any Verizon tariff or SGAT, nothing contained in the
Agreement, this Amendment, or any Verizon tariff or SGAT shall limit either
Part's right to appeal, seek reconsideration of or otherwise seek to have stayed,
modified, reversed or invalidated any order, rule, regulation, decision, ordinance
or statute issued by the Idaho Public Utilities Commission, the FCC, any court or
any other governmental authority related to, concerning or that may affect either
Party's rights or obligations under the Agreement, this Amendment, any Verizon
tariff or SGAT, or Applicable Law.
4.6 Joint Work Product. This Amendment is a joint work product, and any
ambiguities in this Amendment shall not be construed by operation of law against
either Party.
4.7 Definitions. Notwithstanding any other provision in the Agreement or any Verizon
tariff or SGAT, the following terms, as used in the Amended Agreement, shall
have the meanings set forth below:
4.7.1 Call-Related Databases. Databases, other than operations support
systems, that are used in signaling networks for billng and collection,
or the transmission, routing, or other provision of a
telecommunications service. Call-related databases include, but are
MClmetro 10 TRRO Amendment 020210 13
not limited to, the callng name database, 911 database, E911
database, line information database, toll free callng database,
advanced intellgent network databases, and downstream number
portability databases.
4.7.2 Dark Fiber Loop. Consists offiber optic strand(s) in a Verizon fiber
optic cable between Verizon's accessible terminal, such as the fiber
distribution frame, or its functional equivalent, located within a Verizon
wire center, and Verizon's accessible terminal located in Verizon's
main termination point at an end user customer premises, such as a
fiber patch panel, and that Verizon has not activated through
connection to electronics that "light" it and render it capable of carrying
telecommunications services.
4.7.3 Dark Fiber Transport. An optical transmission facility within a LATA,
that Verizon has not activated by attaching multiplexing, aggregation
or other electronics, between Verizon switches (as identified in the
LERG) or wire centers. Dark fiber facilities between (i) a Verizon wire
center or switch and (ii) a switch or wire center of MClmetro or a third
party are not Dark Fiber Transport.
4.7.4 Dedicated Transport. A DS1 or DS3 transmission facility between
Verizon switches (as identified in the LERG) or wire centers, within a
LATA, that is dedicated to a particular end user or carrier.
Transmission facilities or services provided between (i) a Verizon wire
center or switch and (ii) a switch or wire center of MClmetro or a third
party are not Dedicated Transport.
4.7.5 Discontinued Facility. Any facility that Verizon, at any time, has
provided or offered to provide to MClmetro on an unbundled basis
pursuant to 47 U.S.C. § 251 (c)(3) and/or 47 C.F.R. Part 51 (whether
under the Agreement, a Verizon tariff, or a Verizon SGAT), but which
by operation of law has ceased or ceases to be subject to an
unbundling requirer:ent under 47 U.S.C. § 251 (c)(3) or 47 C.F.R Part
51. By way of example and not by way of limitation, Discontinued
Facilities include the following, whether as stand-alone facilities or
combined with other facilities: (a) any Entrance Facilty; (b) any type
of switching, including, but not limited to, Local Switching; (c) OCn
Loops and OCn Dedicated Transport; (d) DS1 Loops or DS3 Loops
out of any wire center at which 47 U.S.C. § 251 (c)(3) or 47 C.F.R Part
51 does not require Verizon to provide MClmetro with unbundled
access to such Loops; (e) Dark Fiber Loops; (f) any DS1 Loop or DS3
Loop that exceeds the maximum number of such Loops that Verizon is
required by 47 U.S.C. § 251 (c)(3) and 47 C.F.R. Part 51 to provide to
MClmetro on an unbundled basis at a particular building location; (g)
DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber
Transport on any route as to which 47 U.S.C. § 251 (c)(3) or 47 C.F.R.
Part 51 does not require Verizon to provide MClmetro with unbundled
access to such Transport; (h) any DS1 Dedicated Transport circuit or
DS3 Dedicated Transport circuit that exceeds the number of such
circuits that Verizon is required by 47 U.S.C. § 251 (c)(3) and 47 C.F.R.
Part 51 to provide to MClmetro on an unbundled basis on a particular
route; (i) the Feeder portion of a Loop; 0) Line Sharing; (k) any Call-
Related Database other than the 911 and E911 databases; (i)
Signaling; (m) Shared Transport; (n) FTIP Loops (lit or unlit) in a new
build environment; (0) FTTP Loops (lit or unlit) in an overbuild
MClmetro 10 TRRO Amendment 020210 14
4.7.6
4.7.7
4.7.8
4.7.9
4.7.10
4.7.11
4.7.12
4.7.13
environment, subject to the limited exceptions set forth in Section 3.1
above; (p) Hybrid Loops (subject to the limited exceptions set forth in
Section 3.2 above); and (q) any other facility or class of facilties as to
which the FCC has not made a finding of impairment that remains
effective or as to which the FCC makes (or has made) a finding of
non impairment.
Distribution Sub-Loop Facility. The copper portion of a Loop in
Verizon's network that is between the minimum point of entry
("MPOE") at an end user customer premises and Verizon's
feeder/distribution intenace.
DS1 Dedicated Transport. Dedicated Transport having a total digital
signal speed of 1.544 Mbps.
DS3 Dedicated Transport. Dedicated Transport having a total digital
signal speed of 44.736 Mbps.
DS1 Loop. A digital transmission channel, between the main
distribution frame (or its equivalent) in an end user's serving wire
center and the demarcation point at the end user customer's premises,
suitable for the transport of 1.544 Mbps digital signals. This loop type
is more fully described in Verizon TR 72575, as revised from time to
time. A OS 1 Loop requires the electronics necessary to provide the
DS1 transmission rate. DS1 Loops are sometimes also known as DS1
"Links".
DS3 Loop. A digital transmission channel, between the main
distribution frame (or its equivalent) in an end user's serving wire
center and the demarcation point at the end user customer's premises,
suitable for the transport of isochronous bipolar serial data at a rate of
44.736 Mbps (the equivalent of 28 DS1 channels). This Loop type is
more fully described in Verizon TR 72575, as revised from time to
time. A DS3 Loop requires the electronics necessary to provide the
DS3 transmission rate. DS3 Loops are sometimes also known as DS3
"Links".
Entrance Facilitv. A transmission facility (lit or unlit) or service
provided between (i) a Verizon wire center or switch and (ii) a switch
or wire center of MClmetro or a third party.
Feeder. The fiber optic cable (Iitor unlit) or metallc portion of a Loop
between a serving wire center and a remote terminal or
feeder/distribution intenace.
FTTP Loop. A Loop consisting entirely of fiber optic cable, whether
dark or lit, that extends from the main distribution frame (or its
equivalent) in an end user's serving wire center to the demarcation
point at the end user's customer premises or to a serving area
intenace at which the fiber optic cable connects to copper or coaxial
distribution facilities that extend to the end usets customer premises
demarcation point, provided that all copper or coaxial distribution
facilities extending from such serving area intenace are not more than
500 feet from the demarcation point at the respective end users'
customer premises; provided, however, that in the case of
predominantly residential multiple dwelling units (MDUs), an FTTP
MClmetro 10 TRRO Amendment 020210 15
4.7.14
4.7.15
4.7.16
4.7.17
4.7.18
4.7.19
Loop is a Loop consisting entirely of fiber optic cable, whether dark or
lit, that extends from the main distribution frame (or its equivalent) in
the wire center that serves the multiunit premises: (a) to or beyond the
multiunit premises' minimum point of entry (MPOE), as defined in 47
C.F.R. § 68.105; or (b) to a serving area intenace at which the fiber
optic cable connects to copper or coaxial distribution facilities that
extend to or beyond the multiunit premises' MPOE, provided that all
copper or coaxial distribution facilities extending from such serving
area intenace are not more than 500 feet from the MPOE at the
multiunit premises.
(This Section Intentionally Left Blank).
Hybrid Loop. A local Loop composed of both fiber optic cable and
copper wire or cable. An FTTP Loop is not a Hybrid Loop.
Line Sharing. The process by which MClmetro provides xDSL service
over the same copper Loop that Verizon uses to provide voice service
by utilizing the frequency range on the copper loop above the range
that carries analog circuit-switched voice transmissions (the High
Frequency Portion of the Loop, or "HFPL"). The HFPL includes the
features, functions, and capabilities of the copper Loop that are used
to establish a complete transmission path between Verizon's main
distribution frame (or its equivalent) in its serving Wire Center and the
demarcation point at the end user's customer premises.
Local Switching. The line-side and trunk-side facilties associated with
the line-side port, on a circuit switch in Verizon's network (as identified
in the LERG), plus the features, functions, and capabilties of that
switch, unbundled from loops and transmission facilities, including: (a)
the line-side Port (including the capabilty to connect a Loop
termination and a switch line card, telephone number assignment, dial
tone, one primary directory listing, pre-subscription, and access to
911); (b) line and line group features (including all vertical features and
line blocking options the switch and its associated deployed switch
softare are capable of providing that are provided to Verizon's local
exchange service Customers served by that switch); (c) usage
(including the connection of lines to lines, lines to trunks, trunks to
lines, and trunks to trunks); and (d) trunk features (including the
connection between the trunk termination and a trunk card).
Packet Switched. Routing or forwarding of packets, frames, cells, or
other data units based on address or other routing information
contained in the packets, frames, cells or other data units, or functions
that are penormed by the digital subscriber line access multiplexers,
including but not limited to the abilty to terminate an end-user
customer's copper Loop (which includes both a low-band voice
channel and a high-band data channel, or solely a data channel); the
abilty to forward the voice channels, if present, to a circuit switch or
multiple circuit switches; the ability to extract data units from the data
channels on the Loops; and the ability to combine data units from
multiple Loops onto one or more trunks connecting to a packet switch
or packet switches.
Signaling. Signaling includes, but is not limited to, signaling links and
signaling transfer points.
MClmetro 10 TRRO Amendment 020210 16
4.7.20
4.7.21
Sub-Loop for Multiunit Premises Access. Any portion of a Loop, other
than an FTTP Loop, that is technically feasible to access at a terminal
in Verizon's outside plant at or near a multiunit premises. It is not
technically feasible to access a portion of a Loop at a terminal in
Verizon's outside plant at or near a multiunit premises if a technician
must access the facility by removing a splice case to reach the wiring
within the cable.
Tandem Switching. The trunk-connect facilities on a Verizon circuit
switch that functions as a tandem switch, plus the functions that are
centralized in that switch, including the basic switching function of
connecting trunks to trunks, unbundled from and not contiguous with
loops and transmission facilities. Tandem Switching creates a
temporary transmission path between interoffice trunks that are
interconnected at a Verizon tandem switch for the purpose of routing a
calL. A tandem switch does not provide basic functions such as dial
tone service.
MClmetro 10 TRRO Amendment 020210 17
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed as of
the Amendment Effective Date.
MCIMETRO ACCESS TRANSMISSION
SERVICES LLC
VERIZON NORTHWEST INC.
~:~By:9wæm
Printed: Peter H. Reynolds Printed: Jennifer Ross
Title: Director - Contract Management Title: Director - Interconnection
MClmetr 10 TRRO Amendment 020210 18
Pricing Attachment
1. General
1.1 As used in this Attachment:
1.1.1 "Services" means and includes any Network Element or other service, facilty,
equipment or arrangement, provided pursuant to this Amendment; and,
1.1.2 "Charges" means the rates, fees, charges and prices for a Service.
1.2 Charges for Services provided under the Amended Agreement shall be those set forth in
Exhibit A of this Pricing Attachment and in the Amended Agreement (including any cross
references therein to applicable tariffs). For rate elements provided in Exhibit A of this
Pricing Attachment that do not include a Charge, if any, whether marked as "TBD" or
otherwise, Verizon is developing such Charges and has not finished developing such
Charges as of the Amendment Effective Date. When Verizon finishes developing such
a Charge, Verizon shall notify MClmetro in writing of such Charge in accordance with,
and subject to, the notices provisions of the Amended Agreement and thereafter shall
bil MClmetro, and MClmetro shall pay to Verizon, for Services provided pursuant to this
Amendment on the Amendment Effective Date and thereafter in accordance with such
Charge. Any Charges set out in a notice provided by Verizon to MClmetro pursuant to
this Section 1.2 shall be deemed to be a part of Exhibit A of this Pricing Attachment
immediately after Verizon sends such notice to MClmetro and thereafter.
1.3 In the absence of Charges for a Service established pursuant to Section 1.2 of this
Attachment, the Charges for the Service shall be the Charges required, approved, or
otherwise allowed to go into effect, by the Idaho Public Utilities Commission or the FCC
(including, but not limited to, in a tariff that has been filed with the Idaho Public Utilities
Commission or the FCC), provided such Charges are not subject to a stay issued by any
court of competent jurisdiction.
1.4 In the absence of Charges for a Service established pursuant to Sections 1.2 through
1.3 of this Attachment, the Charges for the Service shall be mutually agreed to by the
Parties in writing.
MClmetro 10 TRRO Amendment 020210
EXHIBIT A1
ENGINEERING QUERY
ENGINEERING WORK ORDER
EXPEDITE ENGINEERING QUERY'
EXPEDITE ENGINEERING WORK ORDER'
LINE AND STATION TRANSFER
CLEAR DEFECTIVE PAIR
REASSIGNMENT OF NON-WORKING CABLE PAIR
BINDER GROUP REARRANGEMENT
REPEATER -INSTALLATION
APPARATUS CASE -INSTALLATION
RANGE EXTENDERS - DS-O Installation
RANGE EXTENDERS. DS-1 Installation
CHANNEL UNIT TO UNIVERSAUCOTTED DLC SYSTEM (existing)
SERVING TERMINAL -INSTALLATION / UPGRADE
ACTIVATE DEAD COPPER PAIR
MULTIPLEXER -1/0 -INSTALLATION
MULTIPLEXER -1/0 - RECONFIGURATION
MULTIPLEXER - 3/1 -INSTALLATION
MULTIPLEXER - 3/1 - RECONFIGURATION
MULTIPLEXER - OTHER -INSTALLATION
MOVE DROP
CROSS.CONNECTION . EXISTING FIBER FACILITY
LINE CARD . INSTALLATION
COPPER REARRANGEMENT
CENTRAL OFFICE TERMINAL -INSTALLATION
IDLC ONLY CONDITION
OTHER REQUIRED MODIFICATIONS
$183.99
$94.40
$41.67
$27.94
$272.35
$272.35
$272.35
$529.77
$1,597.10
$2,992.81
$809.72
$809.72
$170.30
Time and Material
$199.90
$12,211.41
$170.30
$26,981.19
$382.34
Time and Material
$109.28
$346.93
$314.63
$482.90
$35,307.87
$36,847.28
Time and Material
OTHER
Commingled Arrangements - per circuit NRC
Conversion. Service Order
Conversion - Installation per circuit
Circuit Retag - per circuit
$
$
$
$
50.00
19.33
7.27
59.43
DARK FIBER
Dark Fiber Routine Network Modifications Time and Material
1 This Exhibit may contain rates and charges for (and/or reference) services, facilties, arrangements and the like that Verizon does not have
an obligation to provide under the Amended Agreement (e.g., services, faciliies, arrangements and the like for which an unbundling
requirement does not exist under 47 U,S.C. Section 251 (c)(3)). Notwithstanding any such rates and/or charges (and/or references) and, for
the avoidance of any doubt, nothing in this Exhibit shall be deemed to require Verizon to provide a service, facilty, arrangement or the like
that the Amended Agreement does not require Verizon to provide, or to provide a service, facility, arrangement or the like upon rates, terms
or conditons other than those that may be required by the Amended Agreement.
2 Engineering Query Charges apply in addition to charges for actual network modification and Engineering Work Order charges where
applicable.
3 Engineering Work Order Charges apply in addition to charges for actual network modification and Engineering Query charges where
applicable.
4 Expedite Charges apply in addition to other listed rates.
MClmetro 10 TRRO Amendment 020210 2