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HomeMy WebLinkAbout20040728Amendment.pdfAMENDMENT NO. to the INTERCONNECTION AGREEMENT between VERIZON NORTHWEST INC. and VERIZON AVENUE CORP. This Amendment No.1 (the "Amendment") is made by and between Verizon Northwest Inc. Verizon ), a Washington corporation with offices at 1800 41 st Street, Everett, Washington 98201 , and Verizon Avenue Corp., a Corporation with offices at 12901 Worldgate Drive, Herndon, Virginia 20170 VZA"), and shall be deemed effective on May 20, 2004 and in no event later than the date on which the Agreement (as defined belowl takes effect (the "Amendment Effective Date ). Verizon and VZA are hereinafter referred to collectively as the "Parties" and individually as a "party". This Amendment covers services in Verizon s service territory in the State of Idaho (the "State WITNESSETH: WHEREAS, Verizon and VZA, pursuant to Section 252(a)(1) of the Communications Act of 1934, as amended (the "Act"), are filing concurrently herewith for Commission approval an Interconnection Agreement under Sections 251 and 252 of the Act dated May 20,2004 (the Agreement"); and WHEREAS the Federal Communications Commission (the "FCC") released an order on August 2003 in CC Docket Nos. 01-338, 96-, 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 C. Circuit") issued a decision affirming in part and vacating in part the TAD (the "C. Circuit Decision ); and WHEREAS, pursuant to Section 252(a)(1) of the Act, the Parties wish to amend the Agreement, effective as of the effective date of the Agreement, in order to give contractual the effect to provisions of the TAD and certain aspects of the D.C. Circuit Decision as set forth herein; and NOW, THEREFORE, in consideration of the promises and mutual agreements set forth herein, the Parties agree to amend the Agreement, effective as of the effective date of the Agreement, as follows: The Parties agree that the Agreement should be amended by the addition of the rates, terms and conditions set forth in the TRD Attachment and the Pricing Attachment to the TRD Amendment (including Exhibit A) attached hereto. The TRO Attachment and the Pricing Attachment to the TRO Amendment (including Exhibit A) shall apply notwithstanding any other provision of the Agreement or a Verizon tariff or a Verizon Statement of Generally Available Terms and Conditions ("SGAT" VZA 10 TAD Amendment-Oisjoinder-vO31904.doc '-.- Conflict between this Amendment and the Aqreement.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 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. 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. Scope of Amendment.This Amendment shall amend , modify and revise the Agreement only to the extent set forth expressly in Section 1 of this Amendment. 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. Stay or Reversal.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 Verizon 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 Verizon s obligations under the Agreement, this Amendment, any Verizon tariff or SGAT, or Applicable Law. Notwithstanding any other provision in the Agreement, this Amendment, or any Verizon tariff or SGAT , should the FCC, the D.C. Circuit, or the United States Supreme Court issue a stay of any or all of the TAD's provisions, or should the D.C. Circuit or the United States Supreme Court issue a stay of any or all of the D.C. Circuit Decision s provisions, any terms and conditions of this Amendment that implement the stayed provisions shall be suspended, and shall have no force and effect, from the effective date of such stay until the stay is lifted. 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. VZA 10 TAD Amendment-Oisjoinder-vO31904.doc IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed as of the Amendment Effective Date. VERIZON AVENUE CORP. By:;tJ~ 1-. JvJ~ Printed: William F Wallace Title: CEO VZA 10 TRO Amendment-Oisjoinder-vO31904 VERIZON NORTHWEST INC. By: Printed: John C. Peterson Title: Director - Contract Performance Administration TRO Attachment General Conditions 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 VZA under the terms of this Amended Agreement only to the extent required by both 47 U.C. 9251 (c)(3) and 47 C.R. Part 51 , and, (b) Verizon may decline to provide access to UNEs, Combinations, or Commingling to VZA to the extent that provision of access to such UNEs, Combinations, or Commingling is not required by both 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51. VZA may use a UNE, a Combination, or Commingling only for those purposes for which Verizon is required by 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51 to provide such UNE, Combination, or Commingling to VZA. Notwithstanding any other provision of the Agreement, this Amendment, or any Verizon tariff or SGAT, to the extent Verizonis required by a change in Applicable Law to provide to VZA pursuant to 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51 a UNE, a Combination, or Commingling that is not offered under the Amended Agreement to VZA as of the Amendment Effective Date, the rates, terms, conditions for such UNE Combination, or Commingling shall be as provided in an applicable Verizon tariff, or, in the absence of an applicable Verizon tariff, as mutually agreed in writing by the Parties. 1.4 Verizon reserves the right to argue in any proceeding before the Idaho Public Utilities Commission, the FCC or another governmental body of competent jurisdiction that an item identified in the Agreement or this Amendment as a Network Element (a) is not a Network Element under 47 U.C. 9251 (c)(3), (b) is not a Network Element Verizon is required by 47 U.C. 9251 (c)(3) to provide to VZA, or (c) is an item that Verizon is not required to offer to VZA at the rates set forth in the Amended Agreement. VZA 10 TAD Amendment-Oisjoinder-vO31904.doc TRO Glossary 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: Call-Related Databases. Databases , other than operations support systems that are used in signaling networks for billing and collection, or the transmission, routing, or other provision of a telecommunications service. Call-related databases include, but are not limited to, the calling name database, 911 database, E911 database, line information database, toll free calling database, advanced intelligent network databases, and downstream number portability databases. Dark Fiber Transport An unactivated optical transmission facility within a LATA, without attached multiplexing, aggregation or other electronics , between Verizon switches (as identified in the LERG) or wire centers, that is provided on an unbundled basis pursuant to 47 U.C. 9 251 (c)(3) and 47 C.A. Part 51. Dark fiber facilities between (i) a Verizon wire center or switch and (ii) a switch or wire center of VZA or a third party are not Dark Fiber Transport. 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 and that is provided on an unbundled basis pursuant to 47 U.C. 9251 (c)(3) and 47 C. Part 51. Transmission facilities or services provided between (i) a Verizon wire center or switch and (ii) a switch or wire center of VZA or a third party are not Dedicated Transport. . 2.4 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 suitable for the transport of 1.544 Mbps digital signals that is provided on an unbundled basis pursuant to 47 U.C. 9 251 (c)(3) and 47 C.A. Part 51. This loop type is more fully described in Verizon TA 72575, as revised from time to time. A DS-1 Loop requires the electronics necessary to provide the DS-1 transmission rate. DS3 Loop. A digital transmission channel suitable for the transport of isochronous bipolar serial data at a rate of 44.736 Mbps (the equivalent of 28 DS-1 channels) that is provided on an unbundled basis pursuant to 47 U.C. 9251 (c)(3) and 47 C.R. Part 51. This Loop VZA 10 TAD Amendment-Oisjoinder-vO31904.doc type is more fully described in Verizon TR 72575, as revised from time to time. A DS- Loop requires the electronics necessary to provide the DS-3 transmission rate. Enterprise Switchinq Local Switching or Tandem Switching that, if provided to VZA would be used for the purpose of serving VZA's customers using DS1 or above capacity Loops. Feeder. The fiber optic cable (lit or unlit) or metallic portion of a Loop between a serving wire center and a remote terminal or feeder/distribution interface. mH Loop A Loop consisting entirely of fiber optic cable, whether dark or lit, between the main distribution frame (or its equivalent) in an end user s serving wire center and the demarcation point at the end user s customer premises. House and Riser Cable. This section intentionally left blank. Hybrid Loop A local Loop composed of both fiber optic cable and copper wire or cable. Line Sharinq The process by which VZA 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 distribution frame (or its equivalent) in its Wire Center and the demarcation point at the end user s customer premises. Local Switchinq The line-side and trunk-side facilities associated with the line-side port, on a circuit switch in Verizon s network (as identified in the LERG), plus the features, functions, and capabilities of that switch, unbundled from loops and transmission facilities, including: (a) the line-side Port (including the capability 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 software 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). VZA 10 TAD Amendment-Oisjoinder-vO31904.doc Mass Market Switchino Local Switching or Tandem Switching that Verizon offers on an unbundled basis pursuant to 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51 , and that is provided to VZA to serve VZA's end user customers over DSO Loops. Nonconforminq Facility Any facility that Verizon was providing to VZA on an unbundled basis pursuant to the Agreement or a Verizon tariff or SGAT prior to October 2 2003, but which Verizon is no longer obligated to provide on an unbundled basis under 47 U.C. 9 251 (c)(3) and 47 R. Part 51 , whether by operation of the TRO, a subsequent nonimpairment finding issued by the Idaho Public Utilities Commission or the FCC, or otherwise. By way of example and not by way of limitation, Nonconforming Facilities may include any of the following: (a) any unbundled dedicated transport or dark fiber facility that is no longer encompassed within the amended terms applicable to DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport; (b) DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on a Route or Routes as to which the Idaho Public Utilities Commission or the FCC, on or after October 2, 2003, finds telecommunications carriers to be nonimpaired without access to such facilities; (c) Enterprise Switching; (d) Mass Market Switching in any market in which the Idaho Public Utilities Commission or the FCC, on or after October 2, 2003, finds telecommunications carriers to be nonimpaired without access to such facilities; (e) Local Switching subject to the FCC's four-line carve out rule, as described in Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, CC Docket No 96-98, 15 FCC Rcd 3822-31 (1999) (the "Four-Line Carve Out Rule ); (f) OCn Loops and OCn Dedicated Transport; (g) the Feeder portion of a Loop; (h) Line Sharing; (i) an EEL that does not meet the service eligibility criteria established in the TRO; (j) any Call-Related Database, other than the 911 and E911 databases, that is not provisioned in connection with VZA's use of Verizon Mass Market Switching; (k) Signaling that is not provisioned in connection with VZA's use of Verizon s Mass Market Switching; (I) FTTH Loops (lit or unlit) in a new build environment; (m) mH Loops (lit or unlit) in an overbuild environment, subject to the limited exceptions set forth herein; or (n) any facility or class of facilities as to which the Idaho Public Utilities Commission or the FCC, on or after October 2, 2003, makes a general finding of nonimpairment. Packet Switchina The 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 the functions that are performed by the digital subscriber line access multiplexers, including but not limited to the ability 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 ability 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. INTENTIONALLY LEFT BLANK. Route. A transmission path between one of Verizon s wire centers or switches and another of Verizon s wire centers or switches (or, as applicable, a class or grouping of such transmission paths in a particular market) within a LATA. A route between two points (e., wire center or switch "A" and wire center or switch ") may pass through one or VZA 10 TAD Amendment-Oisjoinder-vO31904.doc more Verizon intermediate wire centers or switches (e., Verizon wire center or switch ). Transmission paths between identical end points (e., Verizon wire center or switch "A" and Verizon wire center or switch ") are the same "route , irrespective of whether they pass through the same intermediate Verizon wire centers or switches, if any. Sianalina Signaling includes, but is not limited to, signaling links and signaling transfer points. Sub-Loop for Multiunit Premises Access Any portion of a Loop, other than a FTTH 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. Sub-Loop Distribution 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/distributioninterface. Tandem Switchinq 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. UNE TRO Provisions Loops Hi-Cap Loops. Notwithstanding any other provision of the Agreement or a Verizon tariff or SGAT, as of October 2,2003: DS1 Loops.Upon VZA's written request, Verizon shall provide VZA with nondis~riminatory access to a DS1 Loop on an unbundled basis under the Amended Agreement in accordance with, but only to the extent required by, 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51. DS3 Loops Upon VZA's written request, Verizon shall provide VZA with nondiscriminatory access to a DS3 Loop on an unbundled basis under the Amended Agreement in accordance with, but only to the extent required by, 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51. Cap on DS3 Loops. VZA may obtain on an unbundled basis a maximum of two (2) DS3 Loops (or two (2) DS3 VZA 1 D TAD Amendment-Oisjoinder-vO31904.doc FTTH Loops. equivalents) at any single end user location. Any Loop previously made available to VZA at said end user location above the two (2) Loop cap shall be considered a Nonconforming Facility. Nonimpairment.Without limiting any other rights Verizon may have under the Amended Agreement or under Applicable Law subject to the provisions of Section 3.8 below, Verizon shall be under no obligation to provide or continue providing VZA with nondiscriminatory access to DS1 Loops or DS3 Loops under the Amended Agreement at a specific end user location if the Idaho Public Utilities Commission or the FCC finds that VZA or CLECs generally are not impaired without access to such DS1 Loops or DS3 Loops at such end user location (or class or grouping of locations in a particular market). Any DS1 Loops or DS3 Loops previously made available to VZA at the subject end user location shall be considered Nonconforming Facilities immediately on the effective date of the nonimpairment finding and thereafter. New Builds. Notwithstanding any other provision of the Agreement or any Verizon tariff or SGAT, VZA shall not be entitled to obtain access to a mH Loop (or any segment thereof) on an unbundled basis where Verizon has deployed such a Loop to an end user s customer premises that previously was not served by any Verizon Loop. Overbuilds. Notwithstanding any other provision of the Agreement or any Verizon tariff or SGAT, VZA shall not be entitled to obtain access to a FTTH Loop (or any segment thereof) on an unbundled basis where Verizon has deployed the subject Loop parallel to, or in replacement of, an existing copper Loop; provided, however that if such a Loop replaces a copper Loop that Verizon has retired, and there are no. other available copper Loops or Hybrid Loops, then in accordance with, but only to the extent required by, 47 U.C. 9 251 (c)(3) and 47 C. Part 51 , Verizon shall provide VZA with nondiscriminatory access on an unbundled basis to a transmission path from Verizon serving wire center to the demarcation point at the end user customer premises capable of voice grade service. Hybrid Loops Generally Packet Switchino. Notwithstanding any other provision of the Agreement or any Verizon tariff or SGAT, VZA shall not be entitled to obtain access to the Packet Switching Capability of any Hybrid Loop on an unbundled basis. Broadband Services. Notwithstanding any other provision of the Agreement or any Verizon tariff or SGAT, as of October 2 2003, when VZA seeks access to a Hybrid Loop for the provision of broadband services," as such term is defined by the FCC, then in accordance with, but only to the extent required by, 47 U. 9251 (c)(3) and 47 C.R. Part 51, Verizon shall provide VZA with access under the Amended Agreement to the time division VZA 10 TAD Amendment-Oisjoinder-vO31904.doc 3.4 multiplexing features, functions, and capabilities of that Hybrid Loop, including DS1 or DS3 capacity (but only where impairment has been found to exist), on an unbundled basis, to establish a complete transmission path between the main distribution frame (or equivalent) in the end user s serving wire center and the end user s customer premises. This access shall include access to all features, functions, and capabilities of the Hybrid Loop that are not used to transmit packetized information. Narrowband Services. Notwithstanding any other provision of the Agreement or any Verizon tariff or SGAT, as of October 2,2003, when VZA 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.C. 9 251 (c)(3) and 47 C.R. Part 51 , Verizon shall either (a) provide access under the Amended Agreement to a spare home-run copper Loop serving that customer on an unbundled basis, or in Verizon s sole discretion, (b) provide access under the Amended Agreement, on an unbundled basis , to a 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. Feeder.Notwithstanding any other provision of the Agreement or any Verizon tariff or SGAT, as of October 2 2003, VZA shall not be entitled to obtain access to the Feeder portion of a Loop on an unbundled, standalone basis. 1.4 IDLC Hybrid Loops Notwithstanding any other provision of the Agreement, Section 3.1 .3 above, or any Verizon tariff or SGAT, if VZA 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.C. 9 251 (c)(3) and 47 C. Part 51 , provide VZA unbundled access to a Loop capable of voice-grade service to the end user customer served by the Hybrid Loop. 1 .4. 1 .4. VZA 10 TAD Amendment-Oisjoinder-v031904.doc Verizon will endeavor to provide VZA with an existing copper Loop or a Loop served by existing Universal Digital Loop Carrier UDLC"). Standard recurring and non-recurring Loop charges will apply. In addition, a non-recurring charge will 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 VZA, construct the necessary copper Loop or UDLC facilities. In addition to the rates and charges payable in connection with any unbundled Loop so provisioned by Verizon, VZA shall be responsible for the following charges: (a) an engineering query charge for preparation of a price quote; (b) upon VZA'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 VZA after construction work has started, VZA shall be responsible for cancellation charges and a pro-rated charge for construction work performed prior to the cancellation. 1 .4.Verizon s performance in connection with providing unbundled Loops pursuant to this Section 3.1 shall not be subject to standard provisioning intervals or to performance measures and remedies, if any, contained in the Amended Agreement or elsewhere. Line Sharino Notwithstanding any other provision in the Agreement or any Verizon tariff or SGAT, as of October 2,2003: Line SharinQ New Line Sharino. Verizon shall be under no obligation to provision new Line Sharing arrangements under the Agreement or this Amendment; provided, however, that as and to the extent required by 47 U.C. 9251 (c)(3) and 47 C.R. Part 51, and subject to Section 3.3 below, Verizon offers new Line Sharing arrangements on a transitional basis pursuant to rates, terms, and conditions offered by Verizon in a separate agreement that is subject to FCC-prescribed pricing rules. Sub-Loop Grandfathered Line Sharino . Any existing Line Sharing arrangement over a copper Loop or Sub-Loop in place with an end user customer of VZA will be grandfathered at existing rates, provided VZA began providing xDSL service to that end user customer using Line Sharing over that Loop or Sub-Loop prior to October 2, 2003, and only so long as VZA has not ceased providing xDSL service to that end user customer at the same location over that Loop or Sub-Loop. Distribution Sub-Loop Facility. Notwithstanding any other provision of the Agreement or any Verizon tariff or SGAT, in accordance with, but only to the extent required by, 47 U.C. 9251 (c)(3) and 47 C.R. Part 51 , upon site- specific request, VZA 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 Agreement. It is not technically feasible to access the sub-loop distribution faciliW if a technician must access the facility by removing a splice case to reach the wiring within the cable. 3.4 Unbundled Local Circuit Switchino General Requirements. Verizon shall provide Mass Market Switching to VZA under the Amended Agreement in accordance with, but only to the extent required by, 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51. Notwithstanding any other provision of the Agreement, this Amendment, or any Verizon tariff or SGA T, as of October 2, 2003, with the exception of the foregoing conditional obligation to provide Mass Market Switching, Verizon shall have VZA 10 TAD Amendment-Oisjoinder-v031904.doc 3.4. 3.4. 3.4. no other obligation to provide any other form of Local Switching or Tandem Switching (such as Enterprise Switching) to VZA, and any Local Switching or Tandem Switching previously made available to VZA shall be considered a Nonconforming Facility that shall be subject to the transition provisions of Section 3.8 below. , For the avoidance of doubt: (a) Enterprise Switching is a Nonconforming Facility as of October 2,2003; and (b) Local Switching subject to the FCC's Four-Line Carve Out Rule is a Nonconforming Facility by operation of law in effect prior to the Amendment Effective Date. Nonimpairment.Subject to the provisions of Section 3.8 below, Verizon shall be under no obligation to continue to provide VZA with nondiscriminatory access to Mass Market Switching on an unbundled basis under the Amended Agreement upon a finding by the Idaho Public Utilities Commission or the FCC that requesting telecommunications carriers are not impaired without access to Mass Market Switching in a particular market, or where the Idaho Public Utilities Commission or the FCC has found that all impairment would be cured by implementation of a transition plan for unbundled circuit switching in a particular market. Sianalinq and Call-Related Databases. Verizon shall provide access to Signaling and Call-related Databases under the Amended Agreement in accordance with, but only to the extent required by, 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51. Specifically, notwithstanding 'any other provision of the Agreement or any Verizon tariff or SGAT, as of October 2,2003, Verizon shall provide Signaling and Call-Related Databases only in conjunction with the provision of Local Switching or Tandem Switching that Verizon is otherwise obligated to make available to VZA under the Amended Agreement; provided, however that Verizon shall continue to provide nondiscriminatory access to the 911 and E911 Call-Related Databases in accordance with, but only to the extent required by, 47 U.C. 9251 (c)(3) and 47 C.R. Part 51. Where Local Switching or Tandem Switching associated with a particular Signaling facility or Call-Related Database is or becomes a Nonconforming Facility, the associated Signaling facility or Call-Related Database associated with that Local Switching or Tandem Switching facility shall also be subject to the same transitional provisions in Section 3.8 (except for the 911 and E911 Call- Related Databases, as noted above). Unbundled Interoffice Facilities. General Requirements. Notwithstanding any other provision of the Agreement or any Verizon tariff or SGAT, as of October 2,2003, Verizon shall provide Dedicated Transport and Dark Fiber Transport under the Agreement in accordance with, but only to the extent required by, 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51. Dedicated Transport On or after October 2 2003, notwithstanding any other provision of the Agreement or any Verizon tariff or SGAT, and in accordance with, but only to the extent required by, 47 U.C. 9 251 (c)(3) and 47 C. Part 51: Upon VZA's written request, Verizon shall provide VZA with nondiscriminatory access to DS1 Dedicated Transport and DS3 Dedicated Transport on an unbundled basis pursuant to the Amended Agreement. For the avoidance of doubt: (a) a transmission facility or service between a Verizon switch or wire center and a switch or wire center of VZA or a third party is not VZA 10 TAD Amendment-Oisjoinder-v031904.doc Dedicated Transport; and (b) a transmission facility or service that uses an OCn interface or a SONET interface is not Dedicated Transport. Subject to the provisions of Section 3. below, Verizon is under no obligation to provide or continue providing the Nonconforming Facilities described in clauses (a) and (b) above under the Agreement or the Amended Agreement. Cap on Dedicated Transport. VZA may obtain on an unbundled basis a maximum of twelve (12) DS3 Dedicated Transport circuits (or twelve (12) DS3-equivalents, g. 336 DS1s) on any single Route on which unbundled transport is otherwise available. Any circuit capacity on that Route above such twelve (12) circuit cap shall be considered a Nonconforming Facility. Nonimpairment.Subject to the provisions of Section 3.8 below, Verizon shall be under no obligation to provide or continue providing VZA with nondiscriminatory access to DS1 Dedicated Transport or DS3 Dedicated Transport on an unbundled basis under the Amended Agreement on a particular Route upon a finding by the Idaho Public Utilities 'Commission or the FCC that requesting telecommunications carriers are not impaired without access to DS1 Dedicated Transport or DS3 Dedicated Transport, respectively, on the subject Route(s) or on all Routes. Any DS1 Dedicated Transport or DS3 Dedicated Transport previously made available toVZA on the subject Route(s) shall be considered Nonconforming Facilities immediately on the effective date of the nonimpairment finding and thereafter. Dark Fiber Transport. On or after October 2 2003, notwithstanding any other provision of the Agreement or any Verizon tariff or SGAT, and in accordance with, but only to the extent required by, 47 U.C. 9 251 (c)(3) and 47 C. Part 51: VZA 10 TAD Amendment-Oisjoinder-v031904.doc Upon VZA's written request, Verizon shall provide VZA with nondiscriminatory access to Dark Fiber Transport on an unbundled basis pursuant to the Amended Agreement. For the avoidance of doubt, Dark Fiber Transport does not include a dark fiber facility between (a) a Verizon switch or wire center anq (b) a switch or wire center of VZA or any third party, and subject to the provisions of Section 3.8 below, Verizon is under no obligation to provide or continue providing such Nonconforming Facility under the Amended Agreement. Nonimpairment.Subject to the provisions of Section 3.8 below Verizon shall be under no obligation to provide or continue providing VZA with nondiscriminatory access to Dark Fiber Transport on an unbundled basis under the Agreement or the Amended Agreement on a particular Route upon a finding by the Idaho Public Utilities Commission or the FCC that requesting telecommunications carriers are not impaired without access to unbundled Dark Fiber Transport on the subject Route(s) or on all Routes. Any Dark Fiber Transport previously made available to VZA on the subject Route(s) shall be considered a Nonconforming Facility as of the effective date of the nonimpairment finding. Comminalino and Combinations. Comminalino.Notwithstanding any other provision of the Agreement or any Verizon tariff or SGAT, but subject to the conditions set forth in the following Section 3., Verizon will 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.C. 9 251 (c)(3) and 47 C.R. Part 51 , or under a Verizon UNE tariff ("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.C. 9251 (c)(3) and 47 C.R. Part 51. Moreover, to the extent and so long as required by 47 U.C. 9 251 (c)(3) and 47 U.C. Part 51 , Verizon shall, upon request of VZA, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale S~rvices. Subject to Section 3.3 below, 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. This charge is intended to offset Verizon costs of implementing and managing commingled arrangements. Ratcheting," as that 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 performance in connection with the provisioning of commingled facilities and services shall not be subject to standard provisioning intervals, or to performance measures and remedies, if any, contained in the Amended Agreement or elsewhere. Service Eliaibility Cri eria for Certain Combinations and Comminaled Facilities and Services.Notwithstanding any other provision of the Agreement, this Amendment, or any Verizon tariff or SGAT to the contrary: Verizon shall not be obligated to provide: 1 an unbundled DS1 Loop in combination with unbundled DS1 or DS3 Dedicated Transport, or commingled with DS1 or DS3 access services; 2 an unbundled DS3 Loop in combination with unbundled DS3 Dedicated Transport, or commingled with DS3 access services; 3 unbundled DS1 Dedicated Transport commingled with DS1 channel termination access service; 1.4 unbundled DS3 Dedicated Transport commingled with DS1 channel termination access service; or 5 unbundled DS3 Dedicated Transport commingled with DS3 channel termination service, VZA 10 TAD Amendment-Oisjoinder-v031904.doc 2.- 2.4 VZA to TAD Amendment-Oisjoinder-v031904.doc except to the extent and so long as Verizon is required by 47 C. 9 251 (c)(3) and 47 C.R Part 51 to do so, and then not unless and until VZA certifies in writing 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.R. 9 51.318. VZA must remain in compliance with said service eligibility criteria for so long as VZA continues to receive the aforementioned combined or commingled facilities and/or services from Verizon. The service eligibility criteria shall be applied to each DS1 circuit or DS1 equivalent 'circuit. If the circuit is, becomes, or is subsequently determined to be, noncompliant, the noncompliant circuit will be treated as a Nonconforming Facility subject to the provisions of Section 3.8 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 for each DS1 circuit or DS1 equivalent within 30 days of the Amendment Effective Date. Circuits not re-certified shall be Nonconforming Facilities. Each written certification to be provided by VZA pursuant to Section 3.1 above must contain the following information for each DS1 circuit or DS1 equivalent: (a) the local number assigned to each DS1 circuit or DS1 equivalent; (b) the local numbers assigned to each DS3 circuit (must have 28 local numbers assigned 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.C. 9 251(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 DS1 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. Until such time as Verizon implements its ASR-driven conversion process in the East, conversion of access circuits to unbundled Network Elements will be performed manually pursuant to Verizon s conversion guidelines. The effective bill date for conversions is the first of the month following Verizon s receipt of an accurate and complete ASR or electronic request for conversion pursuant to Verizon s conversion guidelines. All ASR-driven conversion requests will result in a change in circuit identification (circuit ID) from access to UNE or UNE to access. If such change in circuit ID requires that the affected circuit(s) be retagged, then a retag fee per circuit will apply as specified in the pricing attachment. All requests for conversions will 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 VZA's compliance in all material respects with the service eligibility criteria applicable to EELs. Any such audit shall be performed in accordance with the standards established by the American Institute 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 VZA failed to comply with the service eligibility criteria for any DS1 or DS1 equivalent circuit, then VZA 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 VZA's compliance with the service eligibility criteria for each DS1 or DS1 equivalent circuit, then VZA shall provide to the independent auditor for its verification a statement of VZA's out-of-pocket costs of complying with any requests of the independent auditor, and Verizon shall then reimburse VZA for its out-of-pocket costs within thirty (30) days of the auditor verification of the same. VZA shall maintain records adequate to support its compliance with the service eligibility criteria for each DS1 or DS1 equivalent circuit for at least eighteen (18) months after the service arrangement in question is terminated. Routine Network Modifications. General Conditions.In accordance with, but only to the extent required by, 47 U.C. 9251 (c)(3) and 47 C.R. Part 51, 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 VZA 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 facility 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; installing 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 VZA to light a Dark Fiber Transport facility 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 pulling of cable, the installation of new aerial , buried, or underground cable for a requesting telecommunications carrier, or the placement of new cable. Performance Plans. Verizon s performance in connection with the provisioning of Loops or Transport (including Dark Fiber Transport) for which VZA 10 TAD Amendment-Oisjoinder-v031904.doc routine network modifications are necessary shall not be subject to standard provisioning intervals, or to performance measures and remedies, if any, contained in the Amended Agreement or elsewhere. Transitional Provisions for Nonconformino Facilities Nonimpairmen Findinqs - Switchinq. To the extent required by, 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51, Verizon and VZA will abide by the following transitional procedures with respect to Mass Market Switching and Enterprise Switching: Mass Market Switchino Upon a finding by the Idaho Public Utilities Commission or the FCC that no impairment exists in a particular market with respect to Mass Market Switching, Verizon will continue accepting orders under the Amended Agreement for Mass Market Switching for a transitional period of five (5) months. Thereafter, Verizon shall be under no obligation to accept new orders for Mass Market Switching. Counting from the date of the Idaho Public Utilities Commission s or FCC's order finding no impairment in a particular market or markets, VZA shall submit orders to Verizon to migrate the embedded base of its end user customers in the subject market off of Verizon s Mass Market Switching product to any other switching service or product made available by Verizon, subject to Section 3.3 below, under separate agreement, or to VZA's own or a third party s facilities, in accordance with the following schedule: (a) during month 13, VZA must submit orders to migrate one-third of its embedded base of end user customers; (b) during month 20, VZA must submit orders to migrate one-half of the remaining embedded base of end user customers; and (c) during month 27, VZA must submit orders to migrate the remainder of its embedded base of end user customers. For purposes of the foregoing schedule, customers already in a "rolling" transition plan established by the Idaho Public Utilities Commission or the FCC shall not be included in the embedded base. Enterprise Switchinq.Verizon will provide VZA with at least thirty (30) days advance written notice of the date on which Verizon will cease provisioning Enterprise Switching to VZA. Verizon agrees to continue provisioning Enterprise Switching to VZA under the terms of the Amended Agreement during a transitional period, which transitional period shall end on the date set forth in the notice. Beginning January 1,' 2004, VZA shall have ninety (90) days in which to submit orders to Verizon to migrate its embedded base of end user customers served by Verizon Enterprise Switching product to any other switching service or product made available by Verizon , subject to Section 3. below, under separate agreement, or to VZA's own or a third party s facilities. Nonconforminq Facilities-- Generally.Except as addressed in the limited circumstances described in Section 3.1 above relating to a finding of no impairment, Verizon will notify VZA in writing as to any particular unbundled facility previously made available to VZA that is or becomes a Nonconforming Facility, as defined herein. The Parties acknowledge that such notice was issued prior to the execution of this Amendment with respect to certain VZA 10 TAD Amendment-Oisjoinder-v031904.doc Nonconforming Fadlities. During a transitional period of thirty (30) days from the date of such notice, Verizon agrees to continue providing the Nonconforming Facilities addressed in the subject notice(s) to VZA under the terms of the Amended Agreement. At the end of that thirty (30) day period, unless VZA has submitted an LSR or ASR, as appropriate, to Verizon requesting disconnection of the Nonconforming Facility, Verizon shall, subject to Section 3.3 below, convert the subject Nonconforming Facilities to an analogous access service, if available, or if no analogous access service is available, to such other service arrangement as VZA may have separately secured from Verizon (e.a separate agreement at market-based rates or resale); provided, however that where there is no analogous access service if VZA has not separately secured from Verizon, subject to Section 3. below, a substitute service within such thirty (30) day period, then Verizon may disconnect the Nonconforming Facilities; and provided, further, that with respect to any dark fiber facility that, pursuant to the terms of this Amendment, is (or becomes) a Nonconforming Facility, the transition period shall be ninety (90) days from the date of the aforementioned notice; and provided further, that unless VZA, subject to Section 3.3 below, has separately secured from Verizon a suitable transitional services agreement for such dark fiber facilities within that ninety (90) day period, Verizon may disconnect the Nonconforming Facility in question. Where the Nonconforming Facilities are converted to an analogous access service, Verizon shall, subject to Section 3.3 below, provide such access services at the month-to-month rates, and in accordance with the terms and conditions, of Verizon s applicable access tariff, with the effective bill date being the first day following the thirty (30) day notice period. VZA shall pay all applicable termination charges, if any, for any Nonconforming Facilities that VZA requests Verizon to disconnect, or that Verizon disconnects as permitted by terms of this Amendment or otherwise. Limitation With Respect to Substitute Services. Notwithstanding any contrary provision in the Agreement, this Amendment, or any Verizon tariff or SGAT, to the extent a Nonconforming Facility is replaced, in whole or in part, by a service, facility or arrangement that Verizon is not required by 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51 to provide, including without limitation an analogous access service (a "Substitute Service ), any negotiations regarding the rates, terms or conditions of such Substitute Service shall not be deemed to have been conducted pursuant to this Amended Agreement or 47 U.C. 9 252(a)(1) (or 47 C.R. Part 51), and the rates, terms, and conditions of any such Substitute Service shall not be subject to arbitration pursuant to 47 C. 9252(b). Verizon does not agree to negotiate pursuant to 47 U.C. 9 252(a)(1) the rates, terms, or conditions of any Substitute Service. Any reference in this Amended Agreement to Verizon s provision of a service that Verizon is not required by 47 U.C. 9251 (c)(3) and 47 C.R. Part 51 to provide is solely for the convenience of the Parties and shall not be construed in a manner contrary to this Section 3. VZA 10 TAD Amendment-Oisjoinder-v031904.doc General Pricing Attachment to the TRO Amendment As used in this Attachment: Services" means and includes any Network Element or other service, facility, equipment or arrangement, provided pursuant to this Amendment; and, Charges" means the rates, fees, charges and prices for a Service. 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 "ISDn or otherwise, Verizon is developing such Charges and has not finished developing such Charges ~s of the Amendment Effective Date. When Verizon finishes developing such a Charge, Verizon shall notify VZA in writing of such Charge in accordance with, and subject to, the notices provisions of the Amended Agreement and thereafter shall bill VZA, and VZA 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 VZA 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 VZA and thereafter. 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 3 of this Attachment, the Charges for the Service shall be mutually agreed to by the Parties in writing. VZA 10 TAD Amendment-Oisjoinder-v031904.doc Exhibit A . Idaho Description - UNE 08-0 Network Modifications Non-Recurring Monthly Charge Recurring Charge ENGINEERING QUERY $169.$0. ENGINEERING WORK ORDER;!$650.$0. EXPEOITE ENGINEERING QUERY~$242.46 $0. EXPEDITE ENGINEERING WORK ORDER;'$1,029.$0. REMOVAL OF LOAD COI LS - Initial - Greater than 12K ft.$249.$0. REMOVAL OF LOAD COILS- Subsequent - Greater than 12K ft.067.$0. REMOVAL OF BRI OGEO TAPS - Initial - Greater than 12K ft.$318.$0. REMOVAL OF BRIOGED TAPS- Subsequent - Greater than 12K ft.$34.$0. REMOVAL OF BRr DGEO TAPS & LOAD COI LS - Initial - Greater than 12K ft.$568.$0. REMOVAL OF BRIOGED TAPS & LOAD COILS - Subsequent - Greater than 12K ft.$34.$0. LINE & STATION TRANSFER $147.$0. COPPER TO DLC REARRANGEMENT $295.$0. INSTALLATION OF REPEATER $946.$0. INSTALLATION OF RANGE EXTENOER $946.$0. CLEAR DEFECTIVE PAIR $225.$0. SERVING TERMINAL INSTALLATION (Existing Facilities)Time & Materials $0. UPGRADE EXISTING SERVING TERMINAL (Existing Facilities)Time & Materials $0. ACTIVATE DEAD COPPER CABLE PAIR $147.$0. REASSIGNMENT OF EXISTING NON-WORKING CABLE PAIR $75.$0. BINDER GROUP FACILITY REARRANGEMENT $147.$0. REARRANGEMENT - 10LC TO COPPER $147.$0. REARRANGEMENT - 10LC TO UDLC $147.$0. OISPATCH - CHANNEL UNIT INTO EXISTING COTTED/UDLC $68.$0. PERFORM COPPER REARRANGEMENT $147.$0. OTHER REQUIRED MODIFICATIONS Time & Materials $0. Descri tion - UNE 08-08-3 Network Modifications Non -Monthly Recurring Recurring Charge Charge ENGINEERING QUERY'169.$0. ENGINEERING WORK OROER;!650.31 '$0. EXPEOITE ENGINEERING QUERY~242.46 $0. EXPEDITE ENGINEERING WORK OROER;'029.$0. OS-1 / DS-3 NETWORK MODIFICATION4 000.$0. OTHER REQUIRED MOOIFICATIONS Time & Materials $0. Notes: 1 Engineering Query Charges apply in addition to other listed rates. Engineering Work Order Charges apply in addition to other listed rates. . The rate schedules shown are subject to unilateral change by Verizon, unless and until finalized in connection with an executed interconnection agreement amendment. VZA ID TRO Amendment-Oisjoinder-v031904.doc l;j Expedite Engineering Query Charges or Expedite Engineering Work Order apply in addition to other listed rates. .. DS-11 OS-3 Network Modifications Include the following: Installation of new apparatus case, multiplexer reconfiguration, installation of new multiplexer, removallinstallation of required electronics, copper rearrangement (OS-1 only), removal of load coils, installation of double card, cross-connection to existing fiber facility, installation of line card, removal of bridge taps, clear defective pair (where feasible). When routine network modifications are performed on a loop and transport that are combined, charaes apoly to both loop and transoort. Other Non-Recurring CharQe Commingled Arrangements - per UNE circuit $50. Accessed To Splice Point Sub-loop Unbundling Time & Materials Unbundled Fiber To The Home Loop Narrowband TBD - NRC TBD - MRC Conversion Charges Voice Grade/OSO 1- 24 Circuits per service order $99. Voice Grade/OSO 25+ Circuits - First Service Order (MOG) per service order $99. Voice Grade/OSO 25+ Circuits - Additional Service Order (MOG) per service order $4. Voice Grade/OSO Per Circuit Conversion Charge $41. OS1 and above 1-24 Circuits per service order $117. OS1 and above 25+ Circuits - First Service Order (MOG) per service order $117. OS1 and above 25+ Circuits - Additional Service Order (MOG) - per service order $4. 081 and above Per Circuit Conversion Charge $41. Circuit Retag per circuit $20. Dark Fiber Oark Fiber Routine Network Modifications Time and Materials VZA 10 TRO Amendment-Oisjoinder-v031904.doc