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HomeMy WebLinkAbout20060202Application Part II.pdf11. of the NOR process, Covista shall request standardized or customized routing of its Customer traffic in conjunction with the provision of unbundled local circuit switching. If Covista selects customized routing, Covista shall define the routing plan and Verizon shall implement such plan, subject to technical feasibility constraints. Time and Material Charges may apply. 10.4 Tandem Circuit Switching. The unbundled Tandem circuit switching element includes trunk-connect facilities, the basic circuit switching function of connecting trunks to trunks, and the functions that are centralized in Tandem circuit switches. Unbundled Tandem circuit switching creates a temporary transmission path between interoffice trunks that are interconnected at a Verizon access Tandem for the purpose of routing a call or calls. 11. Unbundled Interoffice Facilities Subject to the conditions set forth in Section 1 of this Attachment, where facilities are available, at Covista s request, Verizon shall provide Covista with interoffice facilities (IOF) unbundled from other Network Elements at the rates set forth in the Pricing Attachment; provided, however, that Verizon shall offer unbundled shared IOF only to the extent that Covista also purchases unbundled local circuit switching capability from Verizon in accordance with Section 10 of this Attachment. Verizon shall provide Covista with such IOF in accordance with, but only to the extent required by, Applicable Law. Verizon will not install new electronics, and Verizon will not build new facilities. If and, to the extent that, Covista has purchased (or purchases) transport from Verizon under a Verizon Tariff or otherwise, and Covista has a right under Applicable Law to convert (and wishes to convert) such transport to unbundled IOF under this Agreement, it shall give Verizon written notice of such request (including, without limitation, through submission of ASRs if Verizon so requests) and provide to Verizon all information (including, without limitation , a listing of the specific circuits in question) that Verizon reasonably requires to effectuate such conversion. In the case of any such conversion, Covista shall pay any and all conversion charges (e., non-recurring charges), as well as any and all termination liabilities, minimum service period charges and like charges in accordance with Verizon s applicable Tariffs. 12. Signaling Networks and Call-Related Databases Subject to the conditions set forth in Section 1 of this Attachment and upon request by Covista, Verizon shall provide Covista with access to databases and associated signaling necessary for call routing and completion by providing SS7 Common Channel Signaling (UCCS") Interconnection, and Interconnection and access to toll free service access code (e., 800/888/877) databases, LlOB, and any other necessary databases, in accordance with this Section 12 and the rates and charges provided in the Pricing Attachment. Such access shall be provided by Verizon in accordance with, but only to the extent required by, Applicable Law. Covista shall provide Verizon with CCS Interconnection required for call routing and completion, and the billing of calls which involve Covista s Customers, at non-discriminatory rates (subject to the provisions of the Pricing Attachment), terms and conditions, provided further that if the Covista information Verizon requires to provide such call-related functionality is resident in a database, Covista ID Comprehensive Ver2.8 -doc 11. 12. 12. 118 12. 12. 12. 12. 12. 12. Covista will provide Verizon with the access and authorization to query Covista information in the databases within which it is stored. 12.Alternatively, either Party ("Purchasing Party ) may secur~ CCS Interconnection from a commercial SS7 hub provider (third party signaling provider) to transport signaling messages to and from the Verizon CCS network, and in that case the other Party will permit the Purchasing Party to access the same databases as would have been accessible if the Purchasing Party had connected directly to the other Party's CCS network. If a third party signaling provider is selected by Covista to transport signaling messages, that third party provider must present a letter of agency toVerizon , prior to the testing ofthe interconnection, authorizing the third party to act on behalf of Covista. Regardless of the manner in which Covista obtains CCS Interconnection , Covista shall comply with Verizon s SS7 certification process prior to establishing CCS Interconnection with Verizon. 12.4 The Parties will provide CCS Signaling to each other, where and as available, in conjunction with all Reciprocal Compensation Traffic, Toll Traffic, Meet Point Billing Traffic, and Transit Traffic. The Parties will cooperate on the exchange of TCAP messages to facilitate interoperability of CCS-based features between their respective networks, including all CLASS Features and functions, to the extent each Party offers such features and functions to its Customers. All CCS Signaling parameters will be provided upon request (where available), including called party number, Calling Party Number, originating line information, calling party category, and charge number. All privacy indicators will be honored as required under applicable law. The Parties will follow all OBF-adopted standards pertaining to CIC/OZZ codes. Where CCS Signaling is not available, in-band multi-frequency ("MF") wink start signaling will be provided. Any such MF arrangement will require a separate local trunk circuit between the Parties' respective switches in those instances where the Parties have established End Office to End Office high usage trunk groups. In such an arrangement, each Party will out pulse the full ten-digit telephone number of the called Party to the other Party. The Parties acknowledge that there is a network security risk associated with interconnection with the public Internet Protocol network, including, but not limited to, the risk that interconnection of Covista signaling systems to the public Intemet Protocol network may expose Covista and Verizon signaling systems and information to interference by third parties. Covista shall notify Verizon in writing sixty (60) days in advance of installation of any network arrangement that may expose signaling systems or information to access through the public Internet Protocol network. Covista shall take commercially reasonable efforts to protect its signaling systems and Verizon s signaling systems from interference by unauthorized persons. Each Party shall provide trunk groups, where available and upon reasonable request, that are configured utilizing the B8ZS ESF protocol for 64 kbps clear channel transmission to allow for IS ON interoperability between the Parties respective networks. The following publications describe the practices, procedures and specifications generally utilized by Verizon for signaling purposes and are listed herein to assist the Parties in meeting their respective Interconnection responsibilities related to Signaling: Covista ID Comprehensive Ver2.8 -doc 119 12. 13. 12.10. 12.10. Telcordia Generic Requirements, GR-905-CORE, Issue 1 , March 1995, and subsequent issues and amendments; and Where applicable, Verizon Supplement Common Channel Signaling Network Interface Specification (Verizon-905). Each Party shall charge the other Party mutual and reciprocal rates for any usage-based charges for CCS Signaling, toll free service access code (e. 800/888/877) database access, LlOB access, and access to other necessary databases, as follows: Verizon shall charge Covista in accordance with the Pricing Attachment and the terms and conditions in applicable Tariffs. Covista shall charge Verizon rates equal to the rates Verizon charges Covista, unless Covista s Tariffs for CCS signaling provide for lower generally available rates, in which case Covista shall charge Verizon such lower rates. Notwithstanding the foregoing, to the extent a Party uses a third party vendor for the provision of CCS Signaling, such charges shall apply only to the third party vendor. Operations Support Systems Subject to the conditions set forth in Section 1 of this Attachment and in Section 8 of the Additional Services Attachment, Verizon shall provide Covista with access via electronic interfaces to databases required for pre-ordering, ordering, provisioning, maintenance and repair, and billing. Verizon shall provide Covista with such access in accordance with, but only to the extent required by, Applicable Law. All such transactions shall be submitted by Covista through such electronic interfaces. 14. Availability of Other Network Elements on an Unbundled Basis14. 14. 14. Any request by Covista for access to a Verizon Network Element that is not already available and that Verizon is required by Applicable Law to provide on an unbundled basis shall be treated as a Network Element Bona Fide Request pursuant to Section 14., of this Attachment. Covista shall provide Verizon access to its Network Elements as mutually agreed by the Parties or as required by Applicable Law. Notwithstanding anything to the contrary in this Section 14, a Party shall not be required to provide a proprietary Network Element to the other Party under this Section 14 except as required by Applicable Law. 14. Network Element Bona Fide Request (BFR). 14. 14. Each Party shall promptly consider and analyze access to a new unbundled Network Element in response to the submission of a Network Element Bona Fide Request by the other Party hereunder. The Network Element Bona Fide Request process set forth herein does not apply to those services requested pursuant to Report & Order and Notice of Proposed Rulemaking 91-141 (reI. Oct. 19, 1992) ,-r 259 and n.603 or subsequent orders. A Network Element Bona Fide Request shall be submitted in writing and shall include a technical description of each requested Network Element. The requesting Party may cancel a Network Element Bona Fide Request at any time, but shall pay the other Party s reasonable and demonstrable costs of processing andlor implementing the Network. Element Bona Fide Request up to the date of cancellation. Covista ID Comprehensive Ver2.8 -doc 120 14.3.4 14. 14. 14. 14. 14. Within ten (10) Business Oays of its receipt, the receiving Party shall acknowledge receipt of the Network Element Bona Fide Request. Except under extraordinary circumstances, within thirty (30) days of its receipt of a Network Element Bona Fide Request, the receiving Party shall provide to the requesting Party a preliminary analysis of such Network Element Bona Fide Request. The preliminary analysis shall confirm that the receiving Party will offer access to the Network Element or will provide a detailed explanation that access to the Network Element is not technically feasible andlor that the request does not qualify as a Network Element that is required to be provided by Applicable Law. If the receiving Party determines that the Network Element Bona Fide Request is technically feasible and access to the Network Element is required to be provided by Applicable Law, it shall promptly proceed . with developing the Network Element Bona Fide Request upon receipt of written authorization from the requesting Party. When it receives such authorization, the receiving Party shall promptly develop the requested services, determine their availability, calculate the applicable prices and establish installation intervals. Unless the Parties otherwise agree, the Network Element requested must be priced in accordance with Section 252(d)(1) of the Act. As soon as feasible, but not more than ninety (90) days after its receipt of authorization to proceed with developing the Network Element Bona Fide Request, the receiving Party shall provide to the requesting Party a Network Element Bona Fide Request quote which will include, at a minimum, a description of each Network Element, the availability, the applicable rates, and the installation intervals. Within thirty (30) days of its receipt of the Network Element Bona Fide Request quote, the requesting Party must either confirm its order for the Network Element Bona Fide Request pursuant to the Network Element Bona Fide Request quote or seek arbitration by the Commission pursuant to Section 252 of the Act. If a Party to a Network Element Bona Fide Request believes that the other Party is not requesting, negotiating or processing the Network Element Bona Fide Request in good faith, or disputes a determination or price or cost quote, or is failing to act in accordance with Section 251 of the Act, such Party may seek mediation or arbitration by the Commission pursuant to Section 252 of the Act. 15.Maintenance of Network Elements If (a) Covista reports to Verizon a Customer trouble , (b) Covista requests a dispatch, (c) Verizon dispatches a technician , (d) such trouble was not caused by Verizon s facilities or equipment in whole or in part, and (e) such trouble is not found within 30 days of the initial dispatch to have been caused by Verizon s facilities or equipment in whole of part, then Covista shall pay Verizon a charge set forth in the Pricing Attachment for time associated with said dispatch. In addition , this charge also applies when the Customer contact as designated by Covista is not available at the appointed time. Covista accepts responsibility for initial trouble isolation and providing Verizon with appropriate dispatch information based on its test results. If, as the result of Covista instructions, Verizon is erroneously requested to dispatch to a site on Verizon company premises ("dispatch in a charge set forth in the Pricing Attachment will be assessed per occurrence to Covista Covista ID Comprehensive Ver2.8 -doc 121 by Verizon. If as the result of Covista instructions, Verizon is erroneously requested to dispatch to a site outside of Verizon company premises ("dispatch out"), a charge set forth in the Pricing Attachment will be assessed per occurrence to Covista by Verizon. Verizon agrees to respond to Covista trouble reports on a non-discriminatory basis consistent with the manner in which it provides service to its own retail Customers or to any other similarly situated Telecommunications Carrier. 16.Combinations Subject to the conditions set forth in Section 1 of this Attachment, Verizon shall be obligated to provide a Combination only to the extent provision of such Combination is required by Applicable Law. To the extent Verizon is required by Applicable Law to provide a Combination to Covista, Verizon shall provide such Combination in accordance with, and subject to, requirements established by Verizon that are consistent with Applicable Law (such requirements, the "Combo Requirements ). Verizon shall make the Combo Requirements publicly available in an electronic form. 17.Rates and Charges The rates and charges for UNEs, Combinations and other services, facilities and arrangements, offered under this Attachment shall be as provided in this Attachment and the Pricing Attachment. 18.Good Faith Performance If and, to the extent that, Verizon, prior to the Effective Oate of this Agreement, has not provided in the State of Idaho a Service offered under this Attachment, Verizon reserves the right to negotiate in good faith with Covista reasonable terms and conditions (including, without limitation , rates and implementation timeframes) for such Service; and, if the Parties cannot agree to such terms and conditions (including, without limitation rates and implementation timeframes), either Party may utilize the Agreement's dispute resolution procedures. Covista 10 Comprehensive Ver2.8 -doc 122 COLLOCATION ATTACHMENT Verizon s Provision of Collocation Verizon shall provide to Covista, in accordance with this Agreement (including, but not limited to, Verizon s applicable Tariffs) and the requirements of Applicable Law Collocation for the purpose of facilitating Covista s interconnection with facilities or services of Verizon or access to Unbundled Network Elements of Verizon; provided, that notwithstanding any other provision of this Agreement, Verizon shall be obligated to provide Collocation to Covista only to the extent required by Applicable Law and may decline to provide Collocation to Covista to the extent that provision of Collocation is not required by Applicable Law. Notwithstanding any other provision of this Collocation Attachment, nothing in this Collocation Attachment shall be deemed to require Verizon to provide (and, for the avoidance of any doubt, Verizon may decline to provide andlor cease providing) Collocation that, if provided by Verizon, would be used by Covista to obtain unbundled access to any network element: (a) that Verizon is not required to unbundle under 47 U.C. 9 251 (c)(3) or (b) that Verizon is not required to unbundle under 47 C.R. Part 51. Because the Commission rejected Verizon s Collocation Tariff Advice No. 00-05 in Order No. 28490 on August 29, 2000, Verizon shall provide Collocation according to the following terms and conditions in the State of Idaho on an interim basis only until such time as the Commission s decision is reversed and Verizon s Collocation Tariff Advice No. 00-05 is permitted to go into effect or until such time as Verizon files another Collocation Tariff in Idaho. At such time as the Commission s decision is reversed and Verizon s Collocation Tariff Advice No. 00-05 is permitted to go into effect or at such time as there is a Verizon Collocation Tariff on file with the Commission, and subject to the foregoing, the following terms and conditions will be rendered ineffectual, and Verizon shall provide Collocation to Covista in accordance with the terms and conditions set forth in Verizon s Collocation Tariff, and Verizon shall do so regardless of whether or not such terms and conditions are effective. Section 1 of this Collocation Attachment ("Attachment"), in conjunction with the rest of this Agreement, set forth the terms and conditions under which Verizon shall provide Collocation services to Covista. Collocation provides for access to Verizon s "premises for the purpose of interconnection andlor access to Unbundled Network Elements (UNEs). For the purposes of this Attachment , " premises" is defined to include Verizon central offices , serving Wire Centers, and all other buildings or similar structures owned leased, or otherwise controlled by Verizon that house Verizon s network facilities. Collocation at Verizon s Wire Centers and access tandems shall be accomplished through caged, cageless , virtual or microwave service offerings, as described below except if not practical for technical reasons or due to space limitations. In such event, Verizon shall provide adjacent Collocation or other methods of Collocation, subject to space availability and technical feasibility. In accordance with, but only to the extent required by Applicable Law, Verizon shall also offer rates, terms and conditions for Collocation services that are not expressly addressed in this Attachment or Verizon Tariffs on an individual case basis. Types of Collocation. Covista ID Comprehensive Ver2.8 -doc 123 Sinale Caaed . A single caged arrangement is a form of caged Collocation, which allows a single CLEC to lease caged floor space to house its equipment within Verizon premises. Shared Caaed. A shared caged arrangement is a newly constructed caged Collocation arrangement that is jointly applied for and occupied by two or more CLECs within a Verizon premise. When two or more CLECs request establishment and jointly apply for a new caged Collocation arrangement to be used as a shared caged arrangement one of the participating CLECs must agree to be the host CLEC (HC) and the other(s) to be the guest CLEC (GC). The HC and GC(s) are solely responsible for determining whether to share a shared caged Collocation arrangement and if so, upon what terms and conditions. The HC and GC(s) must each be interconnected to Verizon for the exchange of traffic with Verizon andlor to access unbundled network elements. Verizon will not issue separate billing for any of the rate elements associated with the shared caged Collocation arrangement between the HC and the GC(s), but Verizon will provide the HC with information on the proportionate share of the NRCs for each CLEC in the shared arrangement. The HC will be responsible for ordering and payment of all Collocation applicable services ordered by the HC and GC(s). The HC and GC will be responsible for ordering their own unbundled network elements from Verizon. Verizon will separately bill the HC andlor GC(s) for unbundled network elements ordered. The HC and GC(s) are Verizon s customers and have all the rights and obligations applicable hereunder to CLECs purchasing Collocation- related services, including, without limitation, the obligation to pay all applicable charges, whether or not the HC is reimbursed for all or any portion of such charges by the guest(s). All terms and conditions for caged Collocation as described in this Attachment will apply to shared caged Collocation requirements. Subleased Caaed. Vacant space available in a CLEC's caged Collocation arrangement may be made available to a third party(s) for the purpose of interconnection andlor for access to UNEs in Verizon premises via the subleasing Collocation arrangement. The CLEC subleases the floor space to the third party(s) pursuant to terms and conditions agreed to by the CLEC and the third party(s) involved. The CLEC and third party(s) must each be interconnected to Verizon for the exchange of traffic with Verizon andlor to access unbundled network elements. The CLEC is solely responsible for determining whether to sublease a shared caged Collocation arrangement and if so, upon what terms and conditions. Verizon will not issue separate billing for any of the rate elements associated with the subleased caged Collocation arrangement between the CLEC and the third party(s). The CLEC will be responsible for ordering and payment of all Collocation applicable services ordered by the CLEC and the third party(s). Each CLEC and third party will be responsible for ordering their own unbundled network elements from Verizon. Verizon will separately bill the CLEC and third party/parties for unbundled network elements ordered. The CLEC and third party(s) are Verizon customers and have all the rights and obligations applicable hereunder to CLECs purchasing Collocation-related services, including, without limitation, the obligation to pay all applicable charges, whether or not the CLEC is reimbursed for all or any portion of such charges by the third party(s). All terms and conditions for caged Collocation as Covista ID Comprehensive Ver2.8 -doc 124 1.4 Ordering. described in this Attachment will apply to subleased caged Collocation requirements. Caaeless. Cageless Collocation is a form of Collocation in which CLECs can place their equipment in Verizon premises. A cageless Collocation arrangement allows a CLEC , using Verizon approved vendors, to install equipment in single bay increments in an area designated by Verizon. The equipment location will be designated by Verizon and will vary based on individual Verizon premise configurations. CLEC equipment will not share the same equipment bays with Verizon equipment. Adjacent.An adjacent Collocation arrangement permits a CLEC to construct or procure a structure on Verizon property for Collocation for the purposes of interconnection andlor access to UNEs in accordance with the terms and conditions of this Agreement. Adjacent Collocation is only an option when the following conditions are met: (1) space is legitimately exhausted in Verizon s premise for caged and cageless Collocation; and (2) it is technically feasible to construct or procure a hut or similar structure on Verizon property that adheres to local building code , zoning requirements, and Verizon building standards. Covista is responsible for complying with all zoning requirements, any federal , state or local regulations, ordinances and laws, and obtaining all associated permits. Verizon may, where required, participate in the zoning approval and permit acquisitions. Covista may not take any action in establishing an adjacent structure that will force Verizon to violate any zoning requirements or any federal, state, or local regulations, ordinances, or laws. Any construction by Covista on Verizon property must comply with Verizon s technical specifications as they relate to environmental safety and grounding requirements. Verizon will make available power and physical Collocation services to Covista in the same non- discriminatory manner as it provides itself for its own remote equipment buildings (REBs). Virtual.Under virtual Collocation, Verizon installs and maintains Covista provided equipment which is dedicated to the exclusive use of the Covista in a Collocation arrangement. Additional details on virtual Collocation are set forth in Section 1. Microwave. Physical Collocation of microwave transmission facilities will be permitted on a first-come, first-served basis except where such Collocation is not practical for technical reasons or because of space limitations. Microwave Collocation provides for the interconnection of Covista or Verizon provided facilities , equipment and support structures located in , on or above the exterior walls and roof of Verizon premises. Additional details on microwave Collocation are set forth in Section 1.10. Application. Point of Contact.Covista must request Collocation arrangements through Verizon s designated point of contact. Completed applications for Collocation must be Covista ID Comprehensive Ver2.8 -doc 125 sent directly to Verizon s Collocation Project Manager at the following address: Collocation Project Manager, Verizon 125 High Street, Room 1134, Boston, MA 02110; Facsimile: (617) 342-8515; E-Mail at: coliocation.applicationsCWverizon.com.Additional information and requirements regarding Collocation may be obtained from Verizon s public website at www.verizon.com. Application Form/Fee. Covista requesting Collocation at a Verizon premise will be required to complete the application form and submit the non-refundable engineering fee set forth in the Pricing Attachment, described in Section 1. for each Verizon premise at which Collocation is requested. The application form will require Covista to provide all engineering, floor space (where applicable), power environmental and other requirements necessary for the function of the service. Covista will provide Verizon with specifications for any non-standard or special requirements at the time of application. Verizon reserves the right to assess the customer any additional charges on an individual case basis ("ICB") associated with complying with the requirements. Any such charges shall be noticed to Covista. Verizon will process Collocation requests from CLECs on a first-come , first-serve basis pursuant to Verizon s receipt of . a completed application form and the non-refundable engineering fee. Space Availabilitv.Subject to forecasting requirements, Verizon will inform Covista whether space is available to accommodate Covista request within eight (8) Business Oays after receipt of a completed application. Verizon s response will be one of the following: There is space and Verizon will proceed with the arrangement. There is no space. Verizon will proceed as described in Section 1.4. There is no readily available space, however, Verizon will determine whether space can be made available and will notify Covista within twenty (20) Business Oays. At the end of this period, Verizon will proceed as described in 1.10r 2 above. Collocation Schedule. If space is available, Verizon will provide to Covista a Collocation schedule describing Verizon s ability to meet the physical Collocation request within eight (8) Business Oays after receipt of a completed application. Covista shall have nine (9) Business Oays from receipt of a Verizon provided Collocation schedule to pay 50% of the NRCs associated with the ordered Collocation services. If the application is deficient, Verizon will specify in writing, within eight (8) Business Oays, the information that must be provided by Covista in order to complete the application. If Covista resubmits a revised application Covista ID Comprehensive Ver2.8 -doc 126 2.4 curing any deficiencies in its original application within ten (10) calendar days after being informed of them, Covista shall retain its position within the Collocation application queue. (Intentionally Left Blank). Augmentation.Any request for an addition , partial reduction, or a change to an existing Collocation arrangement that has been inspected and turned over to Covista shall be considered an augmentation request. An augmentation request will require the submission of a complete application form and a non-refundable engineering or minor augment fee. A minor augment fee may not be required under the circumstances outlined below. The definition of a major or minor augment is as follows: Major augments of Collocation arrangements are those requests that: (a) require AC or OC power; (b) add equipment that generates more BTU's of heat, or (c) increase the floor space over what Covista requested in its original application. A complete application and engineering fee will be required when submitting a request that requires a major augment. Minor augments of Collocation arrangements will require the submission of a complete application form and the minor augment fee. Minor augments are those requests that: (a) do not require additional OC and AC power, (b) do not add equipment that generates more BTU's of heat, (c) do not increase floor space, and (d) do not add transmission cables, over what Covista requested in its original application. The requirements of a minor augment request cannot exceed the capacity of the existing/proposed electrical , power or HVAC system. Requests for additional OSO, OS1 , and OS3 facility terminations to access Verizon unbundled network elements are included as minor augments, providing no additional transmission cables are required. Minor augments that require an augment fee are those requests that require Verizon to perform a service or function on behalf of Covista including but not limited to: installation of virtual equipment cards or software upgrades, removal of virtual equipment, requests to pull cable from exterior microwave facilities, and requests to terminate OSO OS1 and OS3 cables. Minor augments that do not require a fee are those augments performed solely by Covista, that do not require Verizon to provide a service or function on behalf of Covista including but not limited to, requests to install additional equipment in Covista Collocation space. Prior to the installation of the additional equipment, Covista agrees to provide Verizon an application form with an updated equipment listing that includes the new equipment to be installed in Covista s Collocation arrangement. Once the equipment list is submitted to Verizon, Covista may proceed Covista ID Comprehensive Ver2.8 -doc 127 1.2. with the augment. Covista agrees that changes in equipment provided by Covista under this provision will not exceed the engineering specifications for power and HVAC as requested on original application. All augments will be subject to Verizon inspection, in accordance with term of this contract for the purpose of ensuring compliance with Verizon safety standards. Exoansion . Verizon will not be required to construct additional space to provide for Covista Collocation when available space has been exhausted. Where Covista seeks to expand its existing Collocation space, Verizon shall make contiguous space available to the extent possible; provided, however, Verizon does not guarantee contiguous space to Covista to expand its existing Collocation space. Covista requests for expansion of existing space within a specific Verizon premise will require the submission of an application form and the appropriate major augment fee. Relocation.Covista requests for relocation of the termination equipment from one location to a different location within the same Verizon premise will be handled on an 1GB basis. Covista will be responsible for all costs associated with the relocation of its equipment. Installation and Operation. Joint Plannina and Imolementation Levels for Phvsical Collocation. Verizon and Covista shall work cooperatively in meeting the standard implementation milestones and deliverables as determined during the joint planning process. The physical (caged and cageless) Collocation arrangement implementation interval is seventy-six (76) Business Oays for all standard arrangement requests which were properly forecast six (6) months prior to the application date, subject to the conditions set forth for forecasting and capacity. Major construction obstacles or special Covista requirements may extend the interval by fifteen (15) Business Oays, resulting in a ninety-one (91 )-Business Oay interval. 1.3.The interval for Collocation augments which were properly forecast six months prior to the application date, subject to Section 1.1.4 as well as the conditions for forecasting and capacity, is forty-five (45) Business Oays where the necessary infrastructure is installed and available for use. Such augments are limited to the following: 800 2 wire voice grade terminations, or 400 4 wire voice grade terminations, or 600 line sharing/line splitting facilities, where line sharing/splitting already exists within the central office and where Covista is eligible for line sharinglline splitting, or 1.4 28 OS 1 terminations, or 24 OS3 terminations, or Covista ID Comprehensive Ver2.8 -doc 128 Covista ID Comprehensive Ver2.8 -doc 12 fiber terminations, or Conversion of 2 wire voice grade to 4 wire (minimum 100 - maximum 800), or 2 feeds (1A and 1B) OC power fused at 60 amps or less, or OC Power as defined in 8 preceding, plus any one (1) additional item as defined in 1 through 7 preceding; or 2 of the following: a) 28 OS1 terminations; b) 3 OS3 terminations; or c) 12 fiber terminations. Covista must have 100% of all cables terminated to the existing cross connects for the one additional item selected and the in-service capacity of that selection must be at 85% utilization or above unless Covista can demonstrate to Verizon that: a) the previous two months trend in growth would exceed 100% of the available capacity by the end of the forty-five (45) Business Oay augment interval; or b) other good cause or causes that Covista cross connect capacity may be exceeded by the end of the forty-five (45) Business Oay augment interval. For 2 wire to 4 wire voice grade conversions, all pairs must be spare and in consecutive 100 pair counts. The following standard implementation milestones will apply, in Business Oays, unless Verizonand Covista jointly decide otherwise: 3.4 Oay 1-Covista submits completed application and associated fee. Oay 8-Verizon notifies Covista that request can be accommodated and advises of due date. Oay 17-Covista notifies Verizon of its intent to proceed and submits 50% payment. Oay 3D-Material ships and is received at vendor warehouse; Covista provided splitters delivered to vendor warehouse (Line Sharing Option C only, and applicable only where Covista is eligible for line sharing/line splitting). Oay 45-Augment (as defined herein) completes. Oay 76-Verizon and Covista attend Collocation acceptance meeting and Verizon turns over the Collocation arrangement to Covista. Oay 76 also applies to completion of other augments not defined herein. 129 1.4 Covista ID Comprehensive Ver2.8 -doc The forty-five (45) Business Oay interval is subject to the following requirements: 1.4.Infrastructure to support the requested augment must be in place (e., cable racking from common area to distributing frames, relay racks for splitter shelves, frame capacity for termination blocks, cable holes, fuse positions at existing Battery Oistribution Fuse Boards (BOFBs). 1.4.The Covista must install sufficient equipment to support requested terminations/facilities. 1.4.In large central offices with complex cable runs (Le., multiple floors), the Verizon may request to negotiate extensions to the forty-five (45) Business Oay interval. A preliminary schedule will be developed outlining major milestones. Covista and Verizon control various interim milestones they must complete in order to meet the overall intervals. The interval clock will stop, and the final due date will be adjusted accordingly, for each milestone Covista misses (day for day). When Verizon becomes aware of the possibility of vendor delays, Verizon will first contact Covista to attempt to negotiate a new interval. If Verizon and Covista cannot agree, the dispute will be submitted to the Commission for prompt resolution. Verizon and Covista shall conduct additional joint planning meetings, as reasonably required, to ensure that all known issues are discussed and to address any that may impact the implementation process. Verizon will permit Covista to schedule one escorted visit to Covista s Collocation space during construction. The applicable labor rates in the Pricing Attachment will be applied for the escorted visit the case of extended intervals resulting from within Verizon control or resulting from vendor delays, and provided the necessary security is in place, Verizon will permit Covista access to the Collocation arrangement to install equipment while the delayed work is completed, so long as it is safe to do so and Covista s work does not impair or interfere with Verizon in completing Verizon s work. Prior to Covista beginning the installation of its equipment, Covista must sign a conditional acceptance of the Collocation arrangement. If Covista elects to accept the space prior to the scheduled completion occupancy fees shall commence upon signing a conditional acceptance of the space by Covista. Intervals for non-standard arrangements, including adjacent Collocation, shall be mutually agreed upon by Covista and Verizon. Verizon will inform the Commission as soon as it knows it will require raw space conversion to fulfill a request based on an application or forecast. Raw space conversion timeframes are negotiated on an individual case basis 130 based on negotiations with the site preparation vendor(s). Verizon will use its best efforts to minimize the additional time required to condition Collocation space, and will inform Covista of the time estimates as soon as possible. Forecasting and Use of Oata. 2.2 Covista ID Comprehensive Ver2.8 -doc Verizon will request forecasts from Covista on a semi- annual basis, with each forecast covering a two-year period. Covista will be required to update the near-term (6-month) forecasted application dates. Information requested will include central office, month applications are expected to be sent, requested in-service month , preference for virtual or physical (caged or cageless) Collocation, square footage required (physical), high-level list of equipment to be installed (virtual), and anticipated splitter arrangements where Covista is eligible for line sharing/line splitting. For augments, Covista may elect to substitute alternative CLLI codes within a LATA for the forecasted demand. If Verizon has a written guarantee of reimbursement, it will examine forecasts for offices in which it is necessary to condition space, and discuss these forecasts with Covista to determine the required space to be conditioned. IfVerizon commits to condition space based on forecasts and if Covista is assigned space, Covista will give Verizon a non-refundable deposit equal to the application fee. Verizon will perform initial reviews of requested central offices forecasted for the next six months to identify potential problem sites. Verizon will consider forecasts in staffing decisions. Verizon will enter into planning discussions with Covista to validate forecasts, discuss flexibility in potential trouble areas, and assist in application preparation. Unforecasted demand (including augments) will be given a lesser priority than forecasted demand. Verizon will make every attempt to meet standard intervals for unforecasted requests. However, if unanticipated requests push demand beyond Verizon s capacity limits, Verizon will negotiate longer intervals as required (and within reason). In general ifforecasts are received less than two (2) months prior to the application date, the interval start day may be postponed as follows: No forecast: Interval Start Oate commences two (2) months after application receipt date. 2.2 Forecast received one (1) month or less prior to application receipt date: Interval Start Oate commences two (2) months after application receipt date. 2.2.Forecast received greater than one (1) month and less than two (2) months prior to application receipt date: Interval Start Oate commences one (1) month after application receipt date. 131 3.4 2.4 Forecast received two (2) months or more prior to application receipt date: Interval Start Oate commences on the application receipt date. Any such interval adjustments will be discussed with Covista at the time the application is received. Collocation Capacity. Verizon s estimate of its present capacity (Le., no more than an increase of 15% over the average number of applications received for the preceding three months in a particular geographic area) is based on current staffing and current vendor arrangements. If the forecasts indicate spikes in demand, Verizon will attempt to smooth the demand via negotiations with the forecasting CLECs. If Verizon and Covista fail to agree to smooth demand Verizon will determine if additional expenditures would be required to satisfy the spikes in demand and will work with the Commission Staff to determine whether such additional expenditure is warranted and to evaluate cost recovery options. If Verizon augments its workforce based on Covista forecasts and if Covista refuses to smooth demand as described in Section 1., Covista will be held accountable for the accuracy of their forecasts. Vendor Capacity. Verizon will continuously seek to improve vendor performance for all premises work, including Collocation. Since the vendors require notice in order to meet increases in demand , Verizon will share Covista actual and forecasted demand with appropriate vendors, as required, subject to the appropriate confidentiality safeguards. Responsibilitv for Vendor Oelavs. No party shall be excused from their obligations due to the acts or omissions of a Party s subcontractors material, person, suppliers or other third persons providing such products or services to such Party unless such acts or omissions are the product of a Force Majeure Event, or unless such delay or failure and the consequences thereof are beyond the reasonable control and without the fault or negligence of the Party claiming excusable delay or failure to perform. Space Preparation. Caae Construction. For caged Collocation , Covista may construct the cage with a standard enclosure if they are a Verizon approved contractor or Covista may subcontract this work to a Verizon approved contractor. Site Selection/Power. Verizon shall designate the space within its premise where Covista shall collocate its equipment. Verizon will assign Collocation space to Covista in a just, reasonable, and nondiscriminatory manner. Verizon will allow Covista requesting caged or cageless Collocation to submit space preferences on the Application Covista ID Comprehensive Ver2.8 -doc 132 Covista ID Comprehensive Ver2.8 -doc Form prior to assigning caged and cageless Collocation space to Covista. Verizon will assign caged and cageless space in accordance with the following standards: (1) Covista s Collocation costs cannot be materially increased by the assignment; (2) Covista s occupation and use of Verizon s premises cannot be materially delayed by the assignment; (3) The assignment cannot impair the quality of service or impose other limitations on the service Covista wishes to offer; and (4) The assignment cannot reduce unreasonably the total space available for caged and cage less Collocation, or preclude unreasonably, caged and cageless Collocation within Verizon s premises. Verizon may assign caged and cageless Collocation to space separate from space housing Verizon s equipment, provided that each of the following conditions is met: (1) Either legitimate security concerns, or operational constraints unrelated to Verizon s or any of its affiliates' or subsidiaries competitive concerns, warrant such separation; (2) Any caged and cageless Collocation space assigned to an affiliate or subsidiary of Verizon is separated from space housing Verizon s equipment; (3) The separated space will be available in the same time frame as, or a shorter time frame than, non-separated space; (4) The cost ofthe separated space to Covista will not be materially higher than the cost of non-separated space; and (5) The separated space is comparable, from a technical and engineering standpoint, to non-separated space. Where applicable, Verizon shall provide, at the rates set forth in the Pricing Attachment described in Section 1. 48V OC power with generator andlor battery back-up, heat air conditioning and other environmental support to Covista s equipment in the same standards and parameters required for Verizon equipment within that Verizon premise. Covista may install AC convenience outlets and overhead lighting if Covista is a Verizon approved contractor, or this work may be subcontracted to a Verizon approved contractor. OC Power. Verizon will provide OC power to the Collocation arrangement as specified by Covista in its Collocation application. The Covista will specify the load on each feed and the size of the fuse to be placed on each feed. Covista must order a minimum of ten (10) load amps for each caged, cage less, and virtual Collocation arrangement. Covista may order additional OC Power (beyond the minimum) in one (1) amp increments. Charges forDC power will be applied based on the total number of load amps ordered on each feed. For example, if Covista orders a total of 40 load amps of OC power and an A and B feed, Covista could order 20 load amps on the A feed and 20 load amps on the B feed. Verizon will permit Covista to order a fuse size up to 2. times the load amps ordered provided that applicable law 133 6.4 Covista ID Comprehensive Ver2.8 -doc permits this practice. Thus, Covista could order that each feed be fused at 50 amps if Covista wants one feed to carry the entire load in the event the other feed fails. Accordingly, Covista will be charged on the basis of the total number of load amps ordered, Le., 40 amps, and not based on the total number of amps available for the fuse size ordered. Covista is responsible for engineering the power consumption in its Collocation arrangements and therefore must consider any special circumstances in determining the fused capacity of each feed. Verizon will engineer the power feeds to the Collocation arrangement in accordance with industry standards based upon requirements ordered by Covista in its Collocation application. Any subsequent orders to increase OC power load at a Collocation arrangement must be submitted on a Collocation application. Verizon reserves the right to perform random inspections to verify the actual power load being drawn by a Collocation arrangement. At any time, without written notice, Verizon may measure the OC power drawn at an arrangement by monitoring Verizon s power distribution point. In those instances where Verizon needs access to the Collocation arrangement to make these measurements, Verizon will schedule a joint meeting with Covista. If the inspection reveals that the power being drawn does not exceed the total number of load amps ordered , no further action will apply. If the inspection reveals that the power being drawn exceeds the total number of load amps ordered but is within the applicable buffer zone, as defined in Section 1. that arrangement is subject to the following treatment: Verizon will provide Covi sta with written notification, by certified US mail to the person designated by Covista to receive such notice that more power is being drawn than was ordered. Within ten (10) Business Oays of the date of receipt of notification, Covista must reduce the power being drawn to match its ordered load or revise its power requirement to accommodate the additional power being drawn. Verizon will accept a certification signed by a representative of Covista that power consumption has been reduced to match the ordered load. Failure to reduce the power being drawn or submit a revised application within ten (10) Business Oays will result in an increase in the amount of power being billed to the audited load amount. For a Collocation arrangement that has 100 amps or less fused, the buffer zone for the first 134 Covista ID Comprehensive Ver2.8 -doc two violations during a consecutive twelve (12) month period will be 120% of load , as long as the second violation is not for the same Collocation arrangement as the first. For any subsequent violations, or if the second violation is for the same Collocation arrangement, and for any violation where the Collocation arrangement has more than 100 amps fused, the buffer zone will be 110% of load. If the first inspection reveals that the power being drawn is greater than the applicable buffer zone specified in , that arrangement is subject to the following treatment: 8.4 Verizon will notify the person designated by Covista to receive such notice via telephone or e-mail that Verizon will take a second measurement no sooner than one (1) hour and no later than two (2) days after the initial inspection. Verizon will not wait for Covista or require it to be present during the second inspection. Additional Labor charges, as set forth in the Pricing Attachment, apply for the cost associated with performing this inspection. Covista may perform its own inspection at Covista s cage. Covista is not required to wait for Verizon or require it to be present during Covista test. Upon request of Covista, Verizon will send a representative to accompany Covista to conduct a joint inspection at Covista cage at no charge to Covista. Nothing herein shall be construed to prohibit Covista from testing at its own cage. Covista will send the results of its own audit measurements to Verizon if they are taken in response to a notice of violation under this section and if Covista s measurements differ from Verizon If the second test also exceeds the applicable buffer zone, Verizon will provide Covista with written notification , within ten (10) Business Oays, by certified U.S. mail to the person designated by Covista to receive such notice that it has exceeded its ordered power. The notification will include: (1) initials or identifying number ofVerizon technician(s) who performed the inspection; (2) dates and times of the inspections; (3) the make, model and type of test equipment used; (4) the length of monitoring and the results of the specific audit; (5) the total load amps currently being billed; (6) how the test was done; and (7) any other relevant information or documents. 135 Covista ID Comprehensive Ver2.8 -doc Verizon will maintain a file of results taken of any inspections for two (2) years and such file will be made available to Covista that was audited, upon request. Verizon will treat as confidential information the identity of CLECs that it audits as well as the results of such audits, unless it receives prior written consent of the affected CLEC to disclose such information or is required by Applicable Law to disclose such information to a court or commission. The foregoing does not preclude Verizon from making the notice described in Section 1. If Covista disagrees with the results of the audit Covista will first notify Verizon. Verizon and Covista will make a good faith effort to resolve the issue. If the parties do not resolve the issue, either party can invoke dispute resolution processes set forth in this Agreement. The dispute resolution process set forth in this Agreement can be initiated by either party after thirty (30) calendar days have elapsed. This period commences: (1) ten (10) Business Oays from receipt of the notification, in the case of violation within the buffer zone; or (2) after Covista has recei-.ed notice of the second test in the case of a violation over the buffer zone. With the notification required by Section 8.4, Verizon will also notify Covista that it must submit a non-scheduled attestation of the power being drawn at each of its remaining Collocation arrangements in the state. Covista must submit this non-scheduled attestation within fifteen (15) Business Oays of the date of this notification. Failure to submit this non- scheduled attestation will result in the application of additional labor charges for any subsequent OC power inspections Verizon performs prior to receipt of the next scheduled attestation. Scheduled attestations are defined in Section 1.11. If the inspection reveals that the power being drawn is greater than the applicable buffer zone set forth in Section , then Covista shall pay Verizon for additional power, as well as make separate and additional payments to a charitable organization agreed upon by the parties ("Charity ) in accordance with the following: For the first such violation within the same consecutive twelve (12) month period, Covista will be billed the audited load amount for four (4) months. Covista will make a separate and additional payment to the Charity, measured as the difference between the billing of the fused 136 Covista ID Comprehensive Ver2.8 -doc capacity and the billing at the audited load for four (4) months. Covista must send notice of its Charity payment to Verizon within ten (10) calendar days of making the payment. For the second such violation within the same consecutive twelve (12) month period, Covista will be billed the audited load amount for five (5) months. Covista will make a separate and additional payment to the Charity, measured as the difference between the billing of the fused capacity and the billing at the audited load for five (5) months. Covista must send notice of its Charity payment to Verizon within ten (10) calendar days of making the payment. For the third such violation within the same consecutive twelve (12) month period, Covista will be billed the audited load amount for six (6) months. Covista will make a separate and additional payment to the Charity, measured as the difference between the billing of the fused capacity and the billing at the audited load for six (6) months. Covista must send notice of its Charity payment to Verizon within ten (10) calendar days of making the payment. 9.4 For more than three (3) violations within the same consecutive twelve (12) month period, Verizon will bill Covista at the fused amount for a minimum of six (6) months and continue to bill at the fused amount until an updated attestation or augment specifying revised power is received. Verizon will notify Covista that it is being billed pursuant to this Section 1., designating the applicable number of months and also calculating the payment owed to the Charity, under the provisions set forth preceding. At the conclusion of any dispute resolution proceeding, the above payments will be self. executing. If Covista has requested a power augment under which the audited amount would be within the augmented load, plus the applicable buffer zone set forth in Section 1., and the augment is late due to the fault of Verizon, the payments specified in Section 1.9 will not be imposed and the parties will not count such an instance for purposes of implementing Section 1. Annually, Covista must submit a written statement signed by a responsible officer of Covista, which attests that it is not exceeding the total load of power as ordered in its Collocation applications. This attestation, which must be received by Verizon no later than the last day of June , shall 137 individually list all of Covista s completed Collocation arrangements provided by Verizon in the state. If Covista fails to submit this written statement by the last day in June Verizon will notify Covista in writing that it has thirty (30) calendar days to submit its power attestation. Failure to submit the required statement within the thirty (30) calendar day notice period will result in the billing of OC power at each Collocation arrangement to be increased to the total number of amps fused until such time as Verizon receives the required written statement by Covista. Whenever Verizon is required to perform work on a Collocation arrangement as a result of Covista s order for a reduction in power requirements (e., change in fuse size), Verizon will assess a non-recurring charge for the additional labor. The non-recurring charge applies for the first half hour (or fraction thereof) and for each additional half hour (or fraction thereof) per technician , per occurrence as shown in the Pricing Attachment. If Covista orders a change in the power configuration requiring new -48 volt OC power feeds to the Collocation arrangement, Verizon will require an engineering/major augment Fee with an application, as set forth in the Pricing Attachment, subject to the terms and conditions described in Section 1.5. In addition, if Covista s order for a reduction in OC power triggers the deployment of power cabling to a different power distribution point, the engineering/major augment fee as set forth in the Pricing Attachment applies. Verizon will work cooperatively with Covista to configure the new power distribution cables and disconnect the old ones. Equipment and Facilities. Covista ID Comprehensive Ver2.8 -doc Purchase of Equipment.Covista will be responsible for supply, purchase, delivery, installation and maintenance of its equipment and equipment bay(s) in the Collocation area. Verizon is not responsible for the design , engineering, or performance of Covista s equipment and provided facilities for Collocation. Upon installation of all transmission and power cables for Collocation services, Covista relinquishes all rights, title and ownership of transmission (excluding fiber entrance facility cable) and power cables to Verizon. Permissible Equipment.Verizon shall permit the Collocation and use of any equipment necessary for interconnection or access to unbundled network elements in accordance with the following standards: (1) Equipment is necessary for interconnection if an inability to deploy that equipment would, as a practical , economic, or operational matter, preclude Covista from obtaining interconnection with Verizon at a level equal in quality to that which Verizon obtains within its own network or Verizon provides to any of its affiliates, subsidiaries, or other parties; and (2) Equipment is necessary for access to an unbundled network element if an inability to deploy that equipment 138 Covista ID Comprehensive Ver2.8 -doc would, as a practical, economic, or operational matter preclude Covista from obtaining nondiscriminatory access to that unbundled network element, including any of its features, functions, or capabilities. Multi-functional equipment shall be deemed necessary for interconnection or aC(::ess to an unbundled network element if and only if the primary purpose and function of the equipment, as Covista seeks to deploy it, meets either or both of the standards set forth in the preceding paragraph. For a piece of equipment to be utilized primarily to obtain equal in quality interconnection or nondiscriminatory access to one or more unbundled network elements, there also must be a logical nexus between the additional functions the equipment would perform and the telecommunication services Covista seeks to provide to its customers by means of the interconnection or unbundled network element. The Collocation of those functions of the equipment that, as stand-alone functions, do not meet either of the standards set forth in the preceding paragraph must not cause the equipment to significantly increase the burden on Verizon s property. Whenever Verizon objects to Collocation of equipment by Covista for purposes within the scope of Section 251(c)(6) of the Act, Verizon shall prove to the state commission that the equipment is not necessary for interconnection or access to unbundled network elements under the standards set forth above. Covista may place in its caged Collocation space ancillary equipment such as cross connect frames, and metal storage cabinets. Metal storage cabinets must meet Verizon premise environmental standards. Specifications . Collocation facilities shall be placed maintained, relocated or removed in accordance with the applicable requirements and specifications of the current editions of the National Electrical Code (NEC), the National Electrical Safety Code (NESC) and rules and regulations of the Occupational Safety and Health Act (OSHA), the Federal Communications Commission, the Commission and any other governing authority having jurisdiction. All Covista entrance facilities and splices must comply with Telecordia Technologies' Generic Specification for Optical Fiber and Optical Fiber Cable (TR- TSY-00020), Cable Placing Handbook, Cable Splicing Handbook, Cable Maintenance Handbook, and General Information Tools and Safety, as they relate to fire, safety, health, environmental safeguards or interference with Verizon services or facilities. Covista designated and installed equipment located within Verizon premises must comply with the most recent issue unless otherwise specified , of Telecordia Technologies Network Equipment Building System (NEBS) Generic Equipment Requirements (GR-CORE-63) as it pertains to safety requirements. This equipment must also comply with 139 7.4 Covista ID Comprehensive Ver2.8 -doc the most current issue, unless otherwise specified, of Verizon s Network Equipment Installation Standards (Verizon Information Publication IP 72201) and Verizon Central Office Engineering Standards (Verizon Information Publication IP 72013). Where a difference in specification may exist, the more stringent shall apply. If there is a conflict between industry standards and Verizon s technical specifications, Covista and Verizon will make a good faith effort to resolve the difference. Covista designated facilities shall not physically, electronically or inductively interfere with the facilities of Verizon, other CLEC(s), tenant(s) or any other party. If such interference occurs, Verizon may take action as permitted under Section 1. Covista equipment must conform to the same specific risk/safety/hazard standards which Verizon imposes on its own central office equipment as defined in Verizon s NEBS requirements RNSA-NEB-95-0003, Revision 10 or higher. Covista equipment is not required to meet the same performance and reliability standards as Verizon imposes on its own equipment as defined in Verizon s RNSA-NEB- 95-0003, Revision 10 or higher. In addition, Covista may install equipment that has been deployed by Verizon for five (5) years or more with a proven safety record; however, this provision does not prohibit the installation of equipment less than five years old, provided the equipment meets the NEBS safety guidelines referenced in this section prior to the time of deployment. Verizon reserves the right to specify the type of cable, equipment and construction standards required in situations not otherwise covered in this Agreement. In such cases, Verizon will, at its discretion, furnish to Covista written material which will specify and explain the required construction. Cable. Covista is required to provide proper cabling, based on circuit type (VF, OSO , xOSL , OS1 , OS3, etc.) to ensure adequate shielding and reduce the possibility of interference. Covista is responsible for providing fire retardant riser cable that meets Verizon standards. Verizon is responsible for placing Covista s fire retardant riser cable from the cable vault to the Collocation space. Verizon is responsible for installing Covista provided fiber optic cable in the cable space or conduit from the first manhole to the premises. This may be shared conduit with dedicated inner duct. If Covista provides its own fiber optic facility, then Covista shall be responsible for bringing its fiber optic cable to the Verizon premise manhole. Covista must leave sufficient cable length for Verizon to be able to fully extend such cable through to Covista s Collocation space. Manhole/SDlicina Restrictions.Verizon reserves the right to prohibit all equipment and facilities, other than fiber optic cable, in its manholes. Covista will not be permitted to splice fiber optic cable in the first manhole outside of the Verizon premise. Where Covista is providing underground fiber optic cable in Manhole #1 , it must be of sufficient 140 Covista ID Comprehensive Ver2.8 -doc length as specified by Verizon to be pulled through the Verizon premise to Covista s Collocation space. Verizon is responsible for installing a cable splice, if necessary, where Covista provided fiber optic cable meets Verizon standards within the Verizon premise cable vault or designated splicing chamber. Verizon will provide space and racking for the placement of an approved secured fire retardant splice enclosure. Access Points and Restrictions . Points of interconnection and demarcation between Covista s facilities and Verizon facilities will be designated by Verizon. This point(s) will be a direct connection(s) to Covista s network. Verizon shall have the right to require Covista to terminate Collocation facilities onto a Point of Termination (POT) Bay. Covista must tag all entrance facilities to indicate ownership. Covista will not be allowed access to Verizon s OSX line- ups, MOF or any other Verizon facility termination points. Only Verizon employees, agents or contractors will be allowed access to the MOF, OSX, or fiber distribution panel to terminate facilities, test connectivity, run jumpers andlor hot patch in-service circuits. Staaina Area . For caged and cageless Collocation arrangements, Covista shall have the right to use a designated staging area, a portion of the Verizon premise and loading areas, if available, on a temporary basis during Covista s equipment installation work in the Collocation space. Covista is responsible for protecting Verizon equipment Verizon premise walls and flooring within the staging area and along the staging route. Covista will meet all Verizon fire, safety, security and environmental requirements. The temporary staging area will be vacated and delivered to Verizon in an acceptable condition upon completion of the installation work. Covista may also utilize a staging trailer, which can be located on the exterior premises of Verizon premise. Verizon may assess Covista a market value lease rate for the area occupied by the trailer. Testina. Upon installation of Covista s equipment, and with prior notice, Verizon and Covista will mutually agree to schedule a meeting prior to the turn-up phase of the equipment to ensure proper functionality between Covista equipment and the connections to Verizon equipment. The time period for this to occur will correspond to Verizon maintenance window installation requirements. It is solely the responsibility of Covista to provide their own monitor and test points, if required , for connection directly to its terminal equipment. If Covista cannot attend the scheduled turn-up phase meeting for any reason, Covista must provide Verizon with seventy-two (72) hours advanced written notice prior to the scheduled meeting. If Covista fails attend the scheduled meeting without the advanced written notification, Verizon reserves the right to charge Covista additional labor rates set forth in the Pricing Attachment for 141 Covista ID Comprehensive Ver2.8 -doc subsequent turn-up meetings with Covista which are required to complete the turn-up phase of the Collocation arrangement. Interconnection Between Collocated Spaces.Oedicated Transit Service (OTS), which allows for interconnection between Covista and another CLEC, provides a dedicated electrical or optical path between Collocation arrangements (caged, cage less, and virtual) of the same or of two different CLECs within the same Verizon premises, using Verizon provided distribution facilities. OTS is available for OSO OS 1, OS3 , and dark fiber cross connects. In addition Verizon will also provide other technically feasible cross- connection arrangements, including lit fiber, on an Individual Case Basis (ICB) as requested by Covista and agreed to by Verizon. Verizon will offer OTS to Covista as long as such access is technically feasible. OTS is only available when both Collocation arrangements (either caged, cageless, and/or virtual) being interconnected are within the same Verizon premises, provided that the collocated equipment is used for interconnection with Verizon andlor for access to the Verizon s unbundled network elements. Verizon shall provide such OTS connections from Covista s Collocation arrangement to another Collocation arrangement of Covista within the same Verizon premises, or to a Collocation arrangement of another CLEC in the same Verizon premises. OTS is provided at the same transmission level from Covista to another CLEC. The OTS arrangement requires Covista to provide cable assignment information for itself as well as for the other CLEC. Verizon will not make cable assignments for OTS. Covista is responsible for all OTS ordering, bill payment, disconnect orders and maintenance transactions and is the customer of record. When initiating a OTS request, Covista must submit an Access Service Request (ASR) and a letter of agency from the CLEC it is connecting to that authorizes the OTS connection and facility assignment. OTS is provided on a negotiated interval with Covista. Optical Facilitv Terminations . If Covista requests access to unbundled dark fiber interoffice facilities, Covista may apply for a fiber optic patchcord connection(s) between Verizon fiber distribution panel (FOP) and Covista s collocated transmission equipment and facilities. The fiber optic patchcord cross connect is limited in use solely in conjunction with access to unbundled dark fiber and Oedicated Transit Service. Non-Compliant Installations and Operations. If at any time Verizon reasonably determines that either Covista Collocation equipment or it's engineering and installation do not meet the requirements outlined in this Attachment, Covista will be responsible for the costs associated with the removal of equipment or modification of the equipment or 142 engineering and installation to render it compliant. If Covista fails to correct any non-compliance with these standards within thirty (30) days' written notice to Covista Verizon may have the equipment removed or the condition corrected at Covista expense. If, during the installation phase, Verizon reasonably determines that any Covista designated equipment is unsafe, non-standard or in violation of any applicable fire, environmental, security, or other laws or regulations, Verizon has the right to immediately stop the work until the problem is corrected to Verizon s satisfaction. However, when any of the above conditions poses an immediate threat to the safety of Verizon employees, interferes with the performance of Verizon s service obligations, or poses an immediate threat to the physical integrity of the overhead superstructure or any other facilities of Verizon, Verizon may perform such work andlor take such action that Verizon deems necessary without prior notice to Covista. The reasonable cost of said work andlor actions shall be borne by Covista. Verizon reserves the right to remove products, facilities and equipment from its list of approved products upon ninety (90) days' notice to Covista if such products , facilities and equipment are determined to be no longer compliant with NEBS safety standards. If Covista equipment poses an immediate safety threat, Covista shall remove the equipment immediately. Access to Collocation Space. Verizon will permit Covista employees, agents, and contractors approved by Verizon to have direct access to Covista s caged and cageless Collocation equipment twenty-four (24) hours a day, seven (7) days a week and reasonable access to Verizon s restroom and parking facilities. Covista employees, agents, or contractors must comply with the policies and practices of Verizon pertaining to fire, safety, and security. Verizon reserves the right, with twenty-four (24) hours prior notice to Covista to access Covista s collocated partitioned space to perform periodic inspections to ensure compliance with Verizon installation , safety and security practices. Where Covista shares a common entrance to the Verizon premise with Verizon, the reasonable use of shared building facilities, e., elevators, unrestricted corridors, etc., will be permitted. However, Verizon reserves the right to permanently remove andlor deny access from Verizon premises, any Covista employee, agent, or contractor who violates Verizon s policies, work rules, or business conduct standards, or otherwise poses a security risk to Verizon. Network Outage. Oamaae and Reporting. Covista shall be responsible for: (a) any damage or network outage occurring as a result of Covista owned or Covista designated termination equipment in Verizon premise; (b) providing trouble report status when requested; (c) providing a contact number that is readily accessible twenty-four (24) hours a day, seven (7) days a week; (d) notifying Verizon of significant outages which could impact or degrade Verizon s switches and services and provide estimated clearing time for restoral; and (e) testing its equipment to identify and clear a trouble report when the trouble has been sectionalized (isolated) to Covista service. Covista ID Comprehensive Ver2.8 -doc 143 Verizon will make every effort to contact Covista in the event Covista equipment disrupts the network. If Verizon is unable to make contact with Covista, Verizon shall temporarily disconnect Covista s service, as provided in Section 1.11. Security Requirements. 10.Security Measures.Covista agrees that its employeeslvendors with access to Verizon premise shall at all times adhere to the rules of conduct established by Verizon for the Verizon premises and Verizon s personnel and vendors. Verizon reserves the right to make changes to such procedures and rules to preserve the integrity and operation of Verizon s network or facilities or to comply with applicable laws and regulations. Verizon will provide Covista with written notice of such changes. Where applicable, Verizon will provide information to Covista on the specific type of security training required so Covista employees can complete such training. Covista will maintain with Verizon a list of all Covista employees who are currently authorized by Covista to access its caged and cageless Collocation space and will include social security numbers of all such individuals. Covista will also maintain with Verizon a list of its collocated-approved vendors and their social security numbers who request access to caged and cageless Collocation space. Only those individuals approved by Verizon will be allowed access to Verizon premises and caged and cage less Collocation space. Where required by agencies of federal, state, or local government, only individuals that are U.S. citizens will be granted access. All Covista personnel must obtain and prominently display a valid non-employee Verizon identification card. Former employees of Verizon will be given access to Verizon premises by Covista in accordance with the Verizon normal security procedures applicable to any Vendor(s) or Contractor(s) on Verizon s premises. Verizon reserves the right to revoke any identification badge andlor access card of any Covista employee or agent found in violations of the terms and conditions set forth herein. Covista must follow Verizon s security guidelines, which are published on Verizon s web site. Verizon may suspend Covista employee or agent from Verizon s premises if hislher actions materially affect the safety andlor integrity of Verizon s network or the safety of Verizon or other Covista . employees/agents. Unless Covista employee or agent poses an immediate threat to Verizon or other CLECs, Verizon will provide Covista with a written explanation of violations committed by the Covista employee or agent four (4) Business Oays prior to suspending Covista employee or agent from Verizon premises. Covista will have two (2) Business Oays to respond to Verizon s notification. Any such employee or agent may later be allowed readmission to Verizon premises on mutually agreeable terms. Nothing Covista ID Comprehensive Ver2.8 -doc 144 10. Covista ID Comprehensive Ver2.8 -doc in this section, however, restricts Verizon s authority to bar the Covista employee or agent from Verizon premises for violating Verizon s security guidelines. Security Standards.Verizon will be solely responsible for determining the appropriate level of security in each Verizon premise. Verizon reserves the right to deny access to Verizon buildings andlor outside facility structures for any Covista employee, agent or contractor who cannot meet Verizon s established security standards. Employees agents or contractors of Covista are required to meet the same security requirements and adhere to the same work rules that Verizon s employees and contractors are required to follow. Verizon also reserves the right to deny access to Verizon buildings andlor outside facility structures for Covista s employee, agent and contractor for falsification of records, violation of fire, safety or security practices and policies or other just cause. Covista employees, agents or contractors who meet Verizon s established security standards will be provided access to Covista s caged and cageless Collocation equipment 24 hours a day, seven days a week and reasonable access to Verizon s restroom facilities. If Covista employees, agents or contractors request and are granted access to other areas of Verizon premises, a Verizon employee, agent or contractor may accompany and observe Covista employee(s), agent(s) or contractor(s) at no cost to Covista. Verizon may use reasonable security measures to protect its equipment including, for example, enclosing its equipment in its own cage or other separation, utilizing monitored card reader systems, digital security cameras, badges with computerized tracking systems, identification swipe cards keyed access andlor logs, as deemed appropriate by Verizon. Verizon may require Covista employees and contractors to use a central or separate entrance to Verizon s premises, provided, however, that where Verizon requires that Covista employees or contractors access collocated equipment only through a separate entrance, employees and contractors of Verizon s affiliates and subsidiaries will be subject to the same restriction. Verizon may construct or require the construction of a separate entrance to access caged and cageless Collocation space , provided that each of the following conditions is met: (i) Construction of a separate entrance is technically feasible; (ii) Either legitimate security concerns, or operational constraints unrelated to the incumbent's or any of its affiliates' or subsidiaries competitive concerns, warrant such separation; (iii) Construction of a separate entrance will not artificially delay Collocation provisioning; and (iv) Construction of a separate entrance will not materially increase Covista s Collocation costs. 145 10.Access Cards/ldentification. Access cards or keys will be provided to no more than a reasonable number of individuals for Covista for each Verizon premise for the purpose of installation, maintenance and repair of Covista caged and cageless Collocation equipment. All Covista employees, agents and contractors requesting access to the Verizon premise are required to have a photo identification card , which identifies the person by name and the name of Covista. The 10 must be worn on the individual's exterior clothing while on or at Verizon premises. Verizon will provide Covista with instructions and necessary access cards or keys to obtain access to Verizon premises. Covista is required to immediately notify Verizon by the most expeditious means, when any Covista employee, agent or contractor with access privileges to Verizon premises is no longer in its employ, or when keys access cards or other means of obtaining access to Verizon premises are lost, stolen or not returned by an employee agent or contractor no longer in its employ. Covista is responsible for the immediate retrieval and return to Verizon of all keys, access cards or other means of obtaining access to Verizon premises upon termination of employment of Covista s employee andlor termination of service. Covista shall be responsible for the replacement cost of keys, access cards or other means of obtaining access when lost, stolen or failure of Covista or Covista employee, agent or contractor to return to Verizon. Emeraencv Access.Covista is responsible for providing a contact number that is readily accessible 24 hours a day, 7 days a week. Covista will provide access to its Collocation space at all times to allow Verizon to react to emergencies, to maintain the building operating systems (where applicable and necessary) and to ensure compliance with OSHA/Verizon regulations and standards related to fire, safety, health and environment safeguards. Verizon will attempt to notify Covista in advance of any such emergency access. If advance notification is not possible Verizon will provide notification of any such entry to Covista as soon as possible following the entry, indicating the reasons for the entry and any actions taken which might impact Covista s facilities or equipment and its ability to provide service. Verizon will restrict access to Covista s Collocation space to persons necessary to handle such an emergency. The emergency provisioning and restoration of interconnection service shall be in accordance with Part 64 , Subpart 0, Paragraph 64.401 , of the FCC' Rules and Regulations, which specifies the priority for such activities. Verizon reserves the right, without prior notice, to access Covista Collocation space in an emergency, such as fire or other unsafe conditions, or for purposes of averting any threat of harm imposed by Covista or Covista s equipment upon the operation of Verizon s or another CLEC's equipment, facilities andlor employees located outside Covista s Collocation space. Verizon will notify Covista as soon as possible when such an event has occurred. In case of a Verizon work stoppage , Covista s employees , contractors or agents will comply with the emergency operation procedures established by Verizon. Such emergency procedures should not directly affect Covista s access to its premises , or ability to provide service. Covista Covista ID Comprehensive Ver2.8 -doc 146 1.4 will notify Verizon point of contact of any work stoppages by Covista employees. Space Requirements. 1.4. 1.4. Space Availability. If Verizon is unable to accommodate caged and cageless Collocation requests at a Verizon premise due to space limitations or other technical reasons, Verizon will post a list of all such sites on its website and will update the list within ten (10) calendar days of the date at which a Verizon premise runs out of caged and cageless Collocation space. This information will be listed at the following public Internet URL: httD:llwww.verizon.com/reaulatorv Where Verizon has denied caged and cage less Collocation requests at a Verizon premise due to space limitations or other technical reasons, Verizon shall: (a) submit to the state commission, subject to any protective order as the state may deem necessary, detailed floor plans or diagrams of the Verizon premise which show what space, if any, Verizon or any of its affiliates has reserved for future use; and describe in detail , the specific future uses for which the space has been reserved and the length of time for each reservation; and (b) allow Covista to tour the entire premises of the Verizon premise, without charge, within ten (10) calendar days of the tour request. Minimum/Maximum/Additional Space. The standard sizes of caged Collocation space will be increments of 100 square feet unless mutually agreed to otherwise by Verizon and Covista. The minimum amount of floor space available to Covista at the time of the initial application will be twenty-five (25) square feet of caged Collocation space or one (1) single bay in the case of cageless Collocation. The maximum amount of space available in a specific Verizon premise to Covista will be limited to the amount of existing suitable space which is technically feasible to support the Collocation arrangement requested. Existing suitable space is defined as available space in a Verizon premise that does not require the addition of AC/OC power, heat and air conditioning, battery andlor generator back-up power and other requirements necessary for provisioning Collocation services. Additional space to provide for caged, cage less andlor adjacent Collocation will be provided on a per request basis, where available. Additional space can be requested by Covista by completing and submitting a new application form and the applicable non-refundable engineering fee set forth in the Pricing Attachment. Verizon will not be required to lease additional space when available space has been exhausted. Use of Space.Verizon and Covista will work cooperatively to determine proper space requirements, and efficient use of space. In addition to other applicable requirements set forth in this Agreement Covista shall install all its equipment within its designated area in contiguous line-ups in order to optimize the utilization of space within Verizon s premises. Covista shall use the Collocation space solely for the purposes of installing, maintaining and operating Covista equipment to interconnect for the exchange of traffic with Verizon andlor for purposes of accessing UNEs. Covista shall not construct improvements or make alterations or repairs to the Collocation space without the prior written approval of Verizon. The Collocation space may not be used for administrative purposes and may not be used as Covista ID Comprehensive Ver2.8 -doc 147 1.4.4 1.4. 1.4. Covista s employee(s) work location, office or retail space, or storage. The Collocation space shall not be used as Covista s mailing orshipping address. Reservation of Soace.Verizon reserves the right to manage its Verizon premise conduit requirements and to reserve vacant space for planned facility. Verizon will retain and reserve a limited amount of vacant floor space within its Verizon premises for its own specific future uses on terms no more favorable than applicable to other CLECs seeking to reserve Collocation space for their own future use. If the remaining vacant floor space within a Verizon premise is reserved for Verizon s own specific future use, the Verizon premise will be exempt from future caged and cage less Collocation requests. Covista shall not be permitted to reserve Verizon premise cable space or conduit system. If new conduit is required, Verizon will negotiate with Covista to determine an alternative arrangement for the specific location. Covista will be allowed to reserve Collocation space for its caged/cageless arrangements based on Covistas documented forecast provided Verizon and subject to space availability. Such forecast must demonstrate a legitimate need to reserve the space for use on terms no more favorable than applicable to Verizon seeking to reserve vacant space for its own specific use. Cageless Collocation bays may not be used solely for the purpose of storing Covista equipment. Collocation Soace Reoort. Upon request by Covista and upon Covista signing a Collocation nondisclosure agreement, Verizon will make available a Collocation space report with the following information for the Verizon premise requested: 1.4.Oetailed description and amount of caged and cageless Collocation space available; 1.4.Number of telecommunications carriers with existing Collocation arrangements; 1.4.Modifications of the use of space since the last Collocation space report requested; and, 1.4.5.4 Measures being taken, if any, to make additional Collocation spaces available. The Collocation space report is not required prior to the submission of a Collocation application for a specific Verizon premise in order to determine Collocation space availability for the Verizon premise. The Collocation space report will be provided to Covista within ten (10) calendar days of the request provided the request is submitted during the ordinary course of business. A Collocation space report fee contained in the Pricing Attachment will be assessed per request and per Verizon premise. Reclamation . When initiating an application form, Covista must have started installing equipment approved for Collocation at Verizon premise within a reasonable period of time, not to exceed sixty (60) calendar days from the date Covista accepts the Collocation arrangement. If Covista does not utilize its Collocation space within the established time period, and has not met the space reservation Covista ID Comprehensive Ver2.8 -doc 148 Pricing. requirements of Section 1.4.4 to the extent applicable, Verizon may reclaim the unused Collocation space to accommodate another CLEC's request or Verizon s future space requirements. Verizon shall have the right, for good cause shown , and upon sixty (60) calendar days' notice, to reclaim any Collocation space, cable space or conduit space in order to fulfill its obligation under public service law and its Tariffs to provide telecommunication services to its Customers. In such cases, Verizon will reimburse Covista for reasonable direct costs and expenses in connection with such reclamation. Verizon will make every reasonable effort to find other alternatives before attempting to reclaim any such space. Covista may seek Commission relief from reclamation within ten (10) Business Oays of being notified. Rate Sheet.The rates for Verizon s Collocation services provided pursuant to this Agreement are set forth in the Pricing Attachment only to the extent that there are no corresponding rates in an applicable Verizon Collocation Tariff that has been filed with the Commission and become effective. If there is a Verizon Collocation Tariff that has been filed with the Commission and become effective, the rates in such Tariff shall apply and the rates set forth in the Pricing Attachment shall not apply. Subsequent to the execution of this Agreement, Verizon also may elect to file a Collocation Tariff with the Commission with provisions addressing any of the rates specified in this Agreement. Any such Tariff, when it becomes effective, shall supersede and replace the corresponding rates set forth in the Pricing Attachment and such rates specified in the Pricing Attachment shall cease to be effective. Notwithstanding anything in this Agreement to the contrary, the rates identified in this Collocation Attachment also may be superseded prospectively by rates contained in future final, binding and non- appealable regulatory orders or as otherwise required by legal requirements. Billina and Pavment.The initial payment of NRCs shall be due and payable in accordance with Section 1.1. The balance of the NRCs and all related monthly recurring service charges will be billed to Covista when Verizon provides Covista access to the caged, cageless or adjacent Collocation arrangement or completes installation of the virtual Collocation arrangement and shall be payable in accordance with applicable established payment deadlines. Liability and Indemnification. In addition to their other respective indemnification and liability obligations set forth in this Agreement, each party shall meet the following obligations. To the extent that this provision conflicts with any other provision in this Agreement, this provision shall control. The fact that a provision appears in another part of the Agreement but not in this Attachment, or in this Attachment and not in another part of the Agreement, shall not be interpreted as, or deemed grounds for finding, a conflict. No liability shall attach to Verizon for damages arising from errors mistakes, omissions , interruptions, or delays of Verizon , its agents servants or employees, in the course of establishing, furnishing, Covista ID Comprehensive Ver2.8 -doc 149 6.4 rearranging, moving, terminating, or changing the service or facilities (including the obtaining or furnishing of information in respect thereof orwith respect to the subscribers or users of the service or facilities) in the absence of gross negligence or willful misconduct. Subject to the preceding and to the provisions following, with respect to any claim or suit, by Covista or by any others, for damages associated with the installation , provision, termination, maintenance , repair or restoration of service, Verizon s liability, if any, shall not exceed an amount equal to the proportionate charge for the service by Verizon for the service for the period during which service was affected. Verizon shall not be liable for any act or omission of any other party furnishing a portion of service used in connection with the services herein. Verizon is not liable for damages to Covista premises resulting from the furnishing of service, including the installation and removal of equipment and associated wiring, unless the damage is caused by Verizon s gross negligence or willful misconduct. Verizon shall be indemnified , defended and held harmless by Covista andlor its end user against any claim , loss or damage arising from the use of services offered under this Attachment, involving: 6.4.All claims, including but not limited to injuries to persons or property from voltages or currents, arising out of any act or omission of Covista or its end user in connection with facilities provided by Verizon, Covista, or the end user; or 6.4.Verizon shall not be liable to Covista or its customers in connection with the provision or use of the services provided under this Attachment for indirect, incidental consequential, reliance or special damages, including (without limitation) damages for lost profits, regardless of the form of action, whether in contract, indemnity, warranty, strict liability, or tort, including (without limitation) negligence of any kind, even if Verizon has been advised of the possibility of such loss or damage. Verizon does not guarantee or make any warranty with respect to its services when used in an explosive atmosphere. Verizon shall be indemnified, defended and held harmless by Covista from any and all claims by any person relating to Covista s use of services so provided. No license under patents (other than the limited license to use) is granted by Verizon or shall be implied or arise by estoppel, with respect to any service offered under this Attachment. Verizon s failure to provide or maintain services under this Attachment shall be excused by labor difficulties , governmental orders, civil commotions, criminal actions taken against Verizon, acts of God and other circumstances beyond Verizon s reasonable control. Verizon shall not be liable for any act or omission of any other entity furnishing to Covista facilities, equipment, or services used in conjunction with the services provided under this Attachment. Nor shall Verizon be liable for any damages or losses due to unauthorized Covista 10 Comprehensive Ver2.8 -doc 150 use of the services or the failure or negligence of Covista or Covista end user, or due to the failure of equipment, facilities, or services provided by Covista or its end user. Neither party shall be liable to the other or to any third party for any physical damage to each other s facilities or equipment within the central office, unless caused by the gross negligence or willful misconduct of the party's agents or employees. Covista shall indemnify, defend and save harmless Verizon from and against any and all losses, claims, demands, causes of action and costs, including attorney s fees, whether suffered, made, instituted or asserted by Covista or by any other party or person for damages to property and injury or death to persons, including payments made under any worker s compensation law or under any plim for employees' disability and death benefits, which may arise out of or be caused by the installation, maintenance, repair, replacement presence, use or removal of Covista s equipment or facilities or by their proximity to the equipment or facilities or all parties occupying space within or on the exterior of Verizon s central office(s), or by any act or omission of Verizon , its employees, agents, former or striking employees, or contractors, in connection therewith, unless caused by gross negligence or willful misconduct on the part of Verizon. These provisions shall survive the termination, cancellation , modification or rescission of the Agreement for at least 18 months from the date of the termination. Verizon shall indemnify, defend and save harmless Covista from and against any and all losses, claims, demands, causes of action and costs, including attorneys' fees, whether suffered, made, instituted or asserted by Verizon or by any other party or person for damages to property and injury or death to persons, including payments made under any worker s compensation law or under any plan for employees' disability and death benefits, which may arise out of or be caused by Verizon s provision of service within or on the exterior of the central office of by an act or omission of Covista, its employees agents, former or striking employees, or contractors, in connection therewith, unless caused by gross negligence or willful misconduct on the part of Covista. Covista shall indemnify, defend and save harmless Verizon from and against any and all losses, claims, demands, causes of action damages and costs, including but not limited to attorney s fees and damages costs, and expense of relocating conduit systems resulting from loss of right-of-way or property owner consents, which may arise out of or be caused by the presence, in, or the occupancy of the central office by Covista andlor acts by Covista, its employees, agents or contractors. Covista shall indemnify, defend, and hold harmless Verizon , its directors, officers and employees, servants, agents, affiliates and parent, from and against any and all claims, cost, expense or liability of any kind, including but not limited to reasonable attorney s fees arising out of or relating to Covista installation and operation of its facilities or equipment within the multiplexing node, roof space and transmitter space. Covista ID Comprehensive Ver2.8 -doc 151 Casualty. Covista represents, warrants and covenants that it shall comply with all applicable federal, state or local law, ordinance, rule or regulations including but not limited to, any applicable environmental , fire , OSHA or zoning laws. Covista shall indemnify, defend , and hold harmless Verizon, its directors, officers and employees, servants, agents, affiliates and parent, from and against any and all claims, cost expense or liability of any kind including but not limited to fines or penalties arising out of any breach of the foregoing by Covista, its directors, officers, employees, servants, agents, affiliates and parent. These provisions shall survive the termination , cancellation, modification or rescission of the Agreement for at least 18 months from the date of the termination. Verizon represents, warrants and covenants that it shall comply with all applicable federal, state or local law, ordinance, rule or regulations in connection with its provision of service within or on the exterior of the central office, including but not limited to, any applicable environmental, fire, OSHA or zoning laws. Verizon shall indemnify, defend, and hold harmless Covista, its directors, officers, employees, agents or contractors, from and against any and all claims, cost expense or liability of any kind including but not limited to fines or penalties arising out of any breach of the foregoing by Verizon, its directors , officers and employees, servants, agents, affiliates and parent. Verizon and Covista shall each be responsible for all persons under their control or aegis working in compliance herewith, satisfactorily, and in harmony with all others working in or on the exterior of the central office and, as appropriate, cable space. If the Collocation equipment location or any part thereof is damaged by fire or other casualty, Covista shall give immediate notice thereof to Verizon. The terms and conditions of this Attachment shall remain in full force and effect with the following modifications: If the Collocation equipment location or any part thereof is partially damaged or rendered partially unusable by fire or other casualty caused by Verizon , the damages thereto shall be repaired by and at the expense of Verizon. Non- recurring and monthly recurring charges, until such repair is substantially completed, shall be apportioned from the day following the casualty according to the part of the Collocation equipment location which is usable. Verizon reserves the right to elect not to restore the Collocation equipment location under the conditions specified in 1. If Verizon elects to restore the Collocation equipment location, Verizon shall inform Covista of its plans to repairlrestore the Collocation equipment location as soon as it is practicable and will work in good faith to restore service to Covista as soon as possible. Verizon shall make repairs and restorations with all reasonable expedition subject to delays due to adjustment of insurance claims, labor troubles and causes beyond Verizon s reasonable control. Covista ID Comprehensive Ver2.8 -doc 152 1.4 If the Collocation equipment location or any part thereof is totally damaged orrendered wholly unusable by fire or other casualty caused by Verizon , then applicable non-recurring and monthly recurring charges shall be proportionately paid up to the time of the casualty and thenceforth shall cease until the date when the Collocation equipment location shall have been repaired and restored by Verizon. Verizon reserves the right to elect not to restore the Collocation equipment location under the conditions specified in 1. If Verizon elects to restore the Collocation equipment location, Verizon shall inform Covista of its plans to repairlrestore the Collocation equipment location as soon as it is practicable and will work in good faith to restore service to Covista as soon as possible. Verizon shall make repairs and restorations with all reasonable expedition subject to delays due to adjustment of insurance claims, labor troubles and causes beyond Verizon s reasonable control. If the Collocation equipment location or any part thereof is partially damaged or rendered partially unusable by fire or other casualty through no fault of Verizon or Covista, then the applicable non-recurring and monthly recurring charges shall be proportionately paid up to the time of the casualty and thenceforth shall cease until the date when the Collocation equipment location shall have been repaired and restored. Any repair or restoration work undertaken by Covista in its Collocation arrangement must be done by a Verizon-approved contractor and must be approved in advance by Verizon. Verizon reserves the right to discontinue Covista s Collocation equipment location or any part thereof under the conditions specified in 1. If the Collocation equipment location or any part thereof is totally damaged, rendered wholly unusable, partially damaged or rendered partially unusable by fire or other casualty caused by Covista, the liability and indemnification provisions of this Attachment shall apply and Verizon may terminate Covista Collocation arrangement immediately. If the Collocation equipment location or any part thereof is rendered wholly unusable through no fault of Covista, or (whether or not the demised premises are damaged in whole or in part) if the building shall be so damaged that Verizon shall decide to demolish it or to rebuild it then, in any of such events, Verizon may elect to discontinue Covista Collocation equipment location or any part thereof. In this event, Verizon will provide Covista with written notification within ninety (90) days after such fire or casualty specifying a date for discontinuance. The date of discontinuance shall not be more than sixty (60) days after the issuance of such notice to Covista. Covista must vacate the premises by the date specified in the notice. Verizon s rights against Covista under this Attachment prior to such discontinuance and any applicable non-recurring and monthly recurring charges owing shall be paid up to the date of discontinuance. Any payments of monthly recurring charges made by Covista, which were on account of any period subsequent to such date shall be returned to Covista. Covista ID Comprehensive Ver2.8 -doc 153 7.4 After any such casualty and upon request by Verizon, Covista shall remove from the Collocation equipment location and other associated space, as promptly as reasonably possible, all of Covista salvageable inventory and movable equipment, furniture and other property. In the event non-recurring andlor recurring charges were suspended pursuant to 1., Covista liability for applicable non-recurring and monthly recurring charges shall resume either upon occupancy by Covista or thirty (30) days after written notice from Verizon that the Collocation equipment location or any part thereof is restored to a condition comparable to that existing prior to such casualty, which ever comes first. Nothing contained in these provisions shall relieve Covista from liability that may exist as a result of damage from fire or other casualty. Each party shall look first to any insurance in its favor before making any claim against the other party for recovery for loss or damage resulting from fire or other casualty, and to the extent that such insurance is in full force and collectible and to the extent permitted by law, Verizon and Covista each will release and waive all right of recovery against the other or anyone claiming through or under each of them by way of subrogation or otherwise. The release and waiver shall be in force only if both releasers' insurance policies contain a clause providing that such release or waiver shall not inval!date the insurance and also, provided that such a policy can be obtained without additional premiums. Verizon will not carry insurance on the Covista furniture andlor furnishings or any fixtures or equipment, improvements, or appurtena nces removable by Covista and therefore will not be obligated to repair any damage thereto or be obligated to replace the same. Implementation and Termination of Service. Implementation of Collocation Charaes . Verizon shall provide Covista with a notice ("Scheduled Completion Notice ) indicating the scheduled completion date ("Scheduled Completion Oate ) for the Collocation arrangement. Verizon shall also provide a notice that will remind Covista of the Scheduled Completion Oate and will request Covista to schedule and attend a "Collocation Acceptance Meeting CAM"). Collocation charges will be implemented in accordance with this section regardless of the readiness of Covista to utilize the completed Collocation arrangement. Collection of Non-Recurrina Charaes . The initial payment of non-recurring charges (NRCs) shall be due and payable in accordance with Section 1.3. Covista shall pay the balance of the NRCs ("NRC Balance ) upon Covista acceptance of the Collocation arrangement or thirty (30) calendar days after the Collocation arrangement is completed, whichever comes first. Commencement of Recurring Charaes . Monthly recurring charges will commence upon CLEC acceptance of the Collocation arrangement or thirty (30) calendar days after Covista ID Comprehensive Ver2.8 -doc 154 the Collocation arrangement is completed , whichever comes first ("Commencement Oate ), and shall continue until terminated pursuant to Section 1.8). Extension Request.A CLEC may request to extend or delay the Scheduled Completion Oate of a Collocation arrangement for up to six (6) months. A CLEC electing to extend the Scheduled Completion Oate of a Collocation arrangement must notify Verizon in writing ("Extension Notice ) within thirty (30) calendar days after receiving the Scheduled Completion Notice. In order for Verizon to delay billing of monthly recurring charges for the applicable Collocation arrangement, Covista must remit the NRC Balance to Verizon for the Collocation arrangement with the Extension Notice. Monthly recurring charges will not be billed by Verizon until the space for the Collocation arrangement is accepted by Covista or the six (6) month extension period has expired, whichever comes first. At any time during or after the extension period, if Covista terminates its Collocation arrangement, the termination shall be governed by Section 1.8.4. If Verizon ascertains the space for the Collocation arrangement is needed to satisfy another CLEC' Collocation request prior to the end of the six (6) month extension period , Verizon will notify Covista that its Collocation space has been requested by another CLEC. Covista will have up to five (5) Business Oays after the notification to retain the Collocation space by notifying Verizon in writing that it desires to keep the space Retention Notice ). If Covista retains the Collocation space , monthly recurring charges shall commence for Covista thirty (30) calendar days after Covista sends the Retention Notice or when Covista accepts the space, whichever comes first. Grounds for Termination by Verizon.Failure by Covista to comply with the terms and conditions of this Attachment, including nonpayment of rates and charges, may result in termination of Collocation service. In addition to the other grounds for termination of Collocation services set forth herein , Verizon reserves the right to terminate such services upon thirty (30) calendar days notice in the event Covista: (a) is not in conformance with provisions of this Attachment or other Company standards and requirements; andlor (b) imposes continued disruption and threat of harm to Company employees andlor network, or Verizon s ability to provide service to other CLECs. Verizon also reserves the right to terminate such services, without prior notice, in the event Covista s Collocation arrangement imposes emergency conditions, such as fire or other unsafe conditions, upon the operation of Verizon s equipment and facilities or to Company employees located outside Covista s Collocation space. Verizon reserves the right to inspect Covista s Collocation arrangement to determine if sufficient OC Power andlor facility terminations are being used to maintain interconnection andlor access Covista ID Comprehensive Ver2.8 -doc 155 to unbundled network elements. If Verizon determines that the Collocation arrangement is not being used for interconnection and/or access to unbundled network elements (from, for example , insufficient OC Power andlor facility terminations), Verizon reserves the right to terminate Covista s Collocation service upon thirty (30) calendar days notice. If Verizon elects to terminate a Collocation arrangement pursuant to this section, the termination shall be governed by Section 1.8.4. Termination bv CLEC.Covista must notify Verizon in writing of its plans to terminate a Collocation arrangement ("CLEC Termination Notice ), and such Covista termination shall be governed by this Section. Covista ID Comprehensive Ver2.8 -doc Termination After Completion . If Covista elects to terminate an existing Collocation arrangement after a Collocation arrangement has been completed, the termination will be effective thirty (30) calendar days after Verizon s receipt of Covista Termination Notice. If CLEC terminates a Collocation arrangement under this section, the termination shall be governed by Section 1.8.4 and Covista remains responsible to pay any unpaid NRCs associated with the terminated arrangement as set forth in Section 1.1. If the Collocation arrangement being terminated contains equipment in which a third party maintains an ownership or a security interest, Covista shall include a list of any such owners and secured parties in Covista Termination Notice. Termination Prior to Completion.If Covista elects to terminate a request for Collocation when construction is in progress and prior to completion of the Collocation arrangement, the termination will be effective upon Verizon s receipt of Covista Termination Notice. For all non-recurring charges associated with providing the Collocation arrangement, Covista will be billed and is responsible for payment of non-recurring charges in accordance with the following (for the purposes of this section , the number of "Oays" refers to Business Oays measured from Verizon s receipt of a complete application from Covista): Effective date of Covista termination on or between Oays 1 to 15, Covista owes 20% of non-recurring charges. 3.2.Effective date of Covista termination on or between Oays 16 to 30, Covista owes 40% of non-recurring charges. Effective date of Covista termination on or between Oays 31 to 45, Covista owes 60% of non-recurring charges. 2.4 Effective date of Covista termination on or between Oays 46 to 60, Covista owes 80% of non-recurring charges. 156 8.3.Effective date of Covista termination after Oay , Covista owes 100% of non-recurring charges. If after applying these percentages to NRCs already paid by Covista, any refunds are due Covista, such refunds shall be applied fi rst as a credit to any accounts with balances owed by Covista to Verizon , with any remaining refund amount issued to Covista. Engineeringlmajor augment fees submitted with the application will not be refunded. Covista Termination Notice must be received by Verizon prior to the Scheduled Completion Oate to avoid incurring any monthly recurring charges. 8.4 Effects of Termination. If Verizon or Covista terminates a Collocation arrangement under the terms and conditions of this Attachment, the following provisions shall apply: 8.4. 8.4. Covista ID Comprehensive Ver2.8 -doc Equipment Removal and Monthly Recurring Charges. Covista shall disconnect and remove its equipment from the designated Collocation space by the effective date of the termination. Upon removal by Covista of all its equipment from the Collocation space, if Covista does not restore the Collocation space to its original condition at time of occupancy, Covista will reimburse Verizon for the cost to do so. Due to physical and technical constraints, removal of Covista entrance facility cable will be at Verizon s option. Covista shall reimburse Verizon for all costs Verizon incurs to decommission OC Power and transmission cable terminations previously applied for by Covista. Verizon reserves the right to remove Covista s equipment if Covista fails to remove and dispose of the equipment by the effective date of the termination. Covista will be charged the appropriate additional labor charge in the Pricing Attachment for the removal and disposal of such equipment. All monthly recurring charges will continue to be charged to Covista until the effective date of the termination or, at Verizon discretion , until any later date up to the date that all equipment is removed and the Collocation space is restored to its original condition at space turnover. Refund of Non-Recurring Charges. If Verizon or Covista has terminated a Collocation arrangement pursuant to Sections 1.2 and 1.3 and Covista ("original CLEC") has paid a non-recurring charge(s) for an asset in a Collocation arrangement, and is succeeded by another CLEC who uses the same asset ("subsequent CLEC"), Covista will receive a refund from Verizon for the remaining undepreciated amount of the asset upon occupancy by the subsequent CLEC up to the applicable non-recurring charges paid by the subsequent CLEC. If Verizon uses an asset for which Covista paid a non-recurring charge, Verizon will make a pro rata refund of such paid non-recurring charges to Covista. For purposes of calculating prorated refunds to Covista, Verizon will use the economic life of the asset. Any refunds issued pursuant to this section shall be applied first 157 as a credit to any accounts with balances owed by Covista to Verizon, and any remaining refund amount will be issued to Covista. Engineeringlmajor augment fees submitted with the application and any other paid non-recurring charges not associated with the asset will not be refunded. Closure. Oecommissioninq or Sale of Premises. Collocation arrangements will automatically terminate if the premise in which the Collocation space is located is closed, decommissioned or sold and no longer houses Verizon s network facilities. At least one hundred eighty (180) days written notice will be given to Covista of events which may lead to the automatic termination of any such arrangement pursuant to the terms and conditions of this Attachment, except when extraordinary circumstances require a shorter interval. In such cases Verizon will provide notice to Covista as soon as practicable. Verizon will work with Covista to identify alternate Collocation arrangements. Verizon will work cooperatively with Covista to minimize any potential for service interruption resulting from such actions. Miscellaneous. Verizon retains ownership of Verizon premise floor space, adjacent land and equipment used to provide all forms of Collocation. Verizon reserves for itself and its successors and assignees, the right to utilize the Verizon premises' space in such a manner as will best enable it to fulfill Verizon s service requirements. Covista does not receive, as a result of entering into a Collocation arrangement hereunder, any right, title or interest in Verizon s premise facility, the multiplexing node , multiplexing node enclosure, cable, cable space, cable racking, vault space or conduit space other than as expressly provided herein. To the extent that Covista requires use of a Verizon local exchange line, Covista must order a business local exchange access line (B 1). Covista may not use Verizon official lines. Virtual Collocation. Unless otherwise specified in this Section 1., the provisions contained in other sections of the Collocation Attachment shall apply to virtual Collocation. Oescriotion. Under virtual Collocation, Verizon installs and maintains Covista provided equipment, which is dedicated to the exclusive use of Covista in a Collocation arrangement. Covista provides fiber-optic facilities through Verizon entrance manholes for connection to Covista virtually collocated transmission equipment that provides interconnection to Verizon facilities located in the premises. The physical point of interface for connection to the virtual arrangement is referred to as manhole zero. From this manhole into the premises, Verizon shall assume ownership of and maintain the fiber. From this manhole toward Covista s location, the fiber optic cable remains Covista s responsibility, with Covista performing all servicing and maintaining full ownership. If Covista is purchasing Verizon provided unbundled interoffice facilities as transport, Covista entrance fiber is not required. All elementslservices shall be connected to the output cables of the virtual Collocation arrangement using Verizon designated cable assignments, not channel assignments. Covista ID Comprehensive Ver2.8 -doc 158 9.4 Virtual Collocation is offered on a first come, first served basis and is provided subject to the availability of space and facilities in each premises where virtual Collocation is requested. If Covista requests virtual Collocation of equipment other than the standard virtual arrangement, Covista and Verizon will mutually agree upon the type of equipment to be virtually collocated. Implementation Intervals and Planning. Verizon and Covista shall work cooperatively to jointly plan the implementation milestones. Verizon and Covista shall work cooperatively in meeting those milestones and deliverables as determined during the joint planning process. A preliminary schedule will be developed outlining major milestones including anticipated delivery dates for the Covista- provided transmission equipment and for training. Verizon will notify Covista of issues or unanticipated delays, as they become known. Verizon and Covista shall conduct additional joint planning meetings, as reasonably required , to ensure all known issues are discussed and to address any that may impact the implementation process. Planning meetings shall include establishment of schedule identification of tests to be performed, spare plug-in/card requirements, test equipment, and determination of the final implementation schedule. The implementation interval is 76 Business Oays for all standard arrangement requests which were properly forecast six months prior to the application dates subject to the provisions in this Attachment governing forecasting and capacity. Covista shall deliver the virtual Collocation equipment to Verizon premises by Business Oay forty (40). Verizon and Covista shall work cooperatively to schedule each site on a priority-based order. Verizon and Covista shall mutually agree upon intervals for non-standard arrangements. Transmission Failure. Covista shall be responsible for monitoring and reporting signal loss to Verizon. In the event of a transmission failure, Covista shall be responsible for initial trouble isolation as set forth in Section 1., regardless of whether the fiber span is equipped with optical regeneration equipment. Accommodations . Upon receipt of a completed application and associated virtual engineering fee, Verizon will conduct an application review, engineering review and site survey at the requested premises. Verizon will notify Covista within eight (8) Business Oays of the results of this review and site survey. The dedicated terminal equipment inside Verizon s premises shall be provided by Covista and leased to Verizon for the sum of one dollar after successful installation and equipment testing by Verizon. The term of the operating lease will run for the duration of the virtual Collocation arrangement, at which time Covista will remove the equipment. Covista will retain ownership of this equipment inside the premises. Verizon will operate and maintain exclusive control over this equipment inside the premises. Covista ID Comprehensive Ver2.8 -doc 159 Where Verizon uses approved contractors for installation maintenance or repair of virtual Collocation arrangements, Covista may hire the same approved contractors directly for installation maintenance or repair of Covista designated equipment. Where Verizon does not use contractors, Covista designated equipment and Covista provided facilities used in the provision of virtual Collocation will be installed , maintained and repaired by Verizon. Verizon will maintain and repair Covista designated equipment under the same timeframe and standards as its own equipment. Covista personnel are not allowed on Verizon premises to maintain and repair on virtual Collocation equipment. Verizon shall monitor local premises and environmental alarms to support the equipment. Verizon will notify Covista if a local office alarm detects an equipment affecting condition. Verizon will be responsible to pull the fiber into and through the cable entrance facility (i.e., vault) to the virtual Collocation arrangement. All installations into the cable entrance facility are performed by Verizon personnel or its agents. No virtual Collocation arrangement will be placed in service by Verizon until necessary training has been completed (refer to Section 1.11). Plua-ins and Spare Cards. When a plug-in/card is determined by Verizon to be defective, Verizon will label the plug-in as defective and place it in Covista-dedicated plug-in/card storage cabinet. Covista will be notified as the plug-in/card is replaced. Verizon will not provide spare plug-ins/cards under any circumstances nor is Verizon responsible for Covista s failure to replace defective plug-ins/cards. Verizon shall not be held responsible if Covista provides an inadequate supply of plug-ins/cards. Verizon will segregate and secure Covista-provided maintenance spares in Covista-provided spare plug-in/card cabinet. Covista shall provide the shop-wired piece of equipment fully pre- equipped with working plug-ins/cards. In addition, Covista shall provide Verizon with maintenance spares for each plug-in/card type. The number of maintenance spares shall be the manufacturer recommended amount, unless otherwise mutually agreed by Verizon and Covista, provided however, that in no event shall the number of spare plug-ins/cards be less than two of each type. These spares must be tested by Covista prior to delivery to Verizon. In addition to maintenance spares, Covista will also provide any unique tools or test equipment required to maintain, turn-up, or repair the equipment. Upon receiving notification from Verizon that a plug-in/card has been replaced , Covista is then responsible to contact the Verizon operations manager to arrange exchange and replacement of the plug-in/card. Covista ID Comprehensive Ver2.8 -doc 160 Exchanged, pre-tested spares shall be provided within one week of replacement of a defective plug-in/card. Subject to premise space availability, Covista shall have the option of providing a stand-alone spare plug-in/card cabinet(s) or a rack- mountable spare plug-in/card cabinet(s), to Verizon s specification , to house the spare plug-ins/cards. The spare plug-in/card cabinet(s) and minimum number of maintenance spares must be provided before the virtual Collocation arrangement is completed and service is established. The amount of spare plug-ins/cards required will be based on the manufacturer's recommended amount, unless otherwise mutually agreed by Verizon and Covista. Safety and Technical Standards. Verizon reserves all rights to terminate, modify or reconfigure the provision of service to Covista if in the discretion of Verizon, provision of service to Covista may in any way interfere with or adversely affect Verizon s network or its ability to service other CLECs. All Co'vista equipment to be installed in Verizon premises must fully comply with the GR - 000063 - CORE, GR -1089 - CORE and Verizon s premises environmental and transmission standards in effect at the time of equipment installation. The equipment must also comply with the requirements in NIP 74165, as they relate to fire, safety, health, environmental, and network safeguards. It is Covista s responsibility to demonstrate and provide to Verizon adequate documentation from an accredited source certifying compliance. Covista equipment must conform to the same specific risk/safety/hazard standards which Verizon imposes on its own premises equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or higher. Covista equipment is not required to meet the same performance and reliability standards as Verizon imposes on its own equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or higher. Covista may install equipment that has been deployed by Verizon for five years or more with a proven safety record. All Covista s entrance facilities and splices must comply with TR - TSY - 00020, TR - NWT - 001058, BR - 760 - 200 - 030 and SR - TAP - 001421 as they relate to fire, safety, health , environmental safeguards and interference with Verizon s services and facilities. Such requirements include, but are not limited to the following: (1) The fibers must be single mode; (2) The fiber optic units must be of loose tube (12 fibers) or ribbon (12 fibers) design; (3) The fiber cable must be marked according to the cable ma rking requirements in GR - 20 CORE, Section 6.1 - 4; (4) The fiber must be identified according to the fiber and unit identification (color codes) in GR - 20 - CORE Section 6.2.5; (5) Unless otherwise mutually agreed , the outer cable jacket shall consist of a polyethylene resin , carbon black, and suitable antioxidant system; and (6) Silica fibers shall be fusible with a commercially available fusion splicer(s) that is commonly used for this operation. Covista ID Comprehensive Ver2.8 -doc 161 Control Over Premises-Based Equipment.Verizon exercises exclusive physical control over the premises-based transmission equipment that terminates Covista s circuits and provides the installation, maintenance, and repair services necessary to assure proper operation of the virtually collocated facilities and equipment. Such work will be performed by Verizon under the direction of Covista. Removal of Equipment.Verizon reserves the right to remove facilities and equipment from its list of approved products if such products facilities and equipment are determined to be no longer compliant with NEBS standards or GR -1089 - CORE. Installation and Trouble Resolution. Verizon will process and prioritize the trouble ticket in the same manner it does for its own equipment including the dispatch of a technician to the equipment. The technician will contact Covista at the number provided and service the equipment as instructed and directed by Covista. Placement. Removal and Monitoring of Facilities and Equipment. From manhole zero toward Covista s location the fiber optic cable remains Covista s responsibility, with Covista performing all servicing and maintaining full ownership. Covista has the responsibility to remotely monitor and control their circuits terminating in Verizon s premises, however, Covista will not enter Verizon s premises under virtual Collocation arrangements. Performance and surveillance monitoring and trouble isolation shall be provided by Covista. A clear distinction must be made by Covista when submitting reports of troubles on Verizon serviceslelements connected to the virtually collocated equipment and reports of troubles with the collocated equipment. The former can be handled using Verizon technicians and standard processes. The latter will require specially trained technicians familiar with the collocated equipment (refer to Section 1.11). When Covista isolates a trouble and determines that a Verizon technician should be dispatched to the equipment location for a servicing procedure, Covista shall enter a trouble ticket with Verizon. Covista shall provide standard trouble information, including the virtual Collocation arrangement's circuit identification , nature of the activity request, and the name and telephone number of Covista technicianlcontact. Responses to all equipment servicing needs will be at Covista direction. Maintenance will not be performed without Covista s direct instruction and authorization. If Covista is providing its own transport fiber for the virtual Collocation arrangement, Covista will arrange placement of the fiber into manhole zero with enough length (as designated by Verizon) to reach the virtual Collocation arrangement. Maintenance activity (trouble in the equipment) is to be tested , isolated and evaluated by Covista. Verizon technicians will perform the Covista ID Comprehensive Ver2.8 -doc 162 instructed activities on the equipment as specifically directed by Covista. Covista shall provide, own, and operate the terminal equipment at their site outside Verizon s premises. Use of Non-Standard Eauipment.When Covista requests a virtual Collocation arrangement consisting of equipment which Verizon does not use in its network nor has deployed in that particular premise to provide service to itself or another CLEC, Covista shall be responsible for training 50%, but no fewer than five, of Verizon technicians in the administrative work unit responsible for servicing the equipment. Any special tools or electronic test sets that Verizon does not have at the premises involved must be provided by Covista with adequate manufacturer s training. Covista is responsible to arrange and pay all costs (including but not limited to transportation and lodging for Verizon technicians) to have Verizon technicians professionally trained by appropriate trainers certified on the specific equipment to be used to provide the virtual Collocation arrangement to Covista. Covista shall also pay for Verizon technicians' time subject to rates contained in the Pricing Attachment. When travel is required, travel expenses associated with training will be charged to Covista based on ticket stubs andlor receipts. This includes paying for mileage according to the IRS rates for personal car mileage or airfare, as appropriate Covista also has the option of arranging and paying for all travel expenses for Verizon technicians directly. In the event of an equipment upgrade, Covista must provide secondary training subject to the provisions contained herein. Additions and Rearranaements. Once Covista has established a virtual Collocation arrangement, changes to the existing configuration (including but not limited to , growing, upgrading, andlor reconfiguring the current equipment) are considered rearrangements to that virtual Collocation arrangement. If Covista decides to rearrange an existing virtual Collocation arrangement, Covista must submit a new application outlining the details of the rearrangement along with a virtual engineeringlmajor augment fee. Application of Rates and Charges. Billina. Verizon will apply charges (e., non-recurring and recurring rates for entry fiber, power, etc.) and commence billing for the virtual Collocation arrangement upon completion of the installation , when it shall have finished all elements of the installation under its control. The readiness of Covista to utilize the completed virtual Collocation arrangement will not impair the right of Verizon to commence billing. Verizon shall charge Covista for all costs incurred in providing the virtual Collocation arrangement, including, but not limited to, Verizon planning, engineering and installation time and costs incurred by Verizon for inventory services. Any and all expenses associated with placing Covista s fiber in manhole zero , including license fees, shall be the responsibility of Covista. Covista ID Comprehensive Ver2.8 -doc 163 Virtual Engineerina Fee.Verizon will require a virtual engineeringlmajor augment fee (NRC) per virtual Collocation request per premise or other Verizon location where Covista requests to establish virtual Collocation. A virtual engineering/major augment fee is required to be submitted by Covista with its application. This fee applies for all new virtual Collocation arrangements as well as subsequent additions to an existing arrangement, and provides for application processing, and for Verizon s performance of an initial site visit and an engineering evaluation. If Covista cancels or withdraws its request for a virtual Collocation arrangement prior to turn-up, Covista will be liable for all costs and liabilities incurred by Verizon in the developing, establishing, or otherwise furnishing the virtual Collocation arrangement up to the point of cancellation or withdrawal. Other Virtual Collocation Rate Elements. The application, description and rates of Collocation rate elements that are also applicable for virtual Collocation are described in the Pricing Attachment. Conversions . Requests for converting virtual Collocation arrangements to caged or cageless arrangements shall be submitted and designated as an Augment Application described in Section 1. Requests for converting a virtual arrangement to a cage less arrangement that requires no physical changes to the arrangement will be assessed a minor augment fee. All other conversion requests for virtual to caged or cageless will be assessed an engineeringlmajor augment Fee and other applicable charges. Verizon will notify Covista within ten (10) Business Oays following receipt of the completed Augment Application if Covista conversion request is accepted or denied. When converting a virtual arrangement to a caged or cage less arrangement, Covista s equipment may need to be relocated. Covista will be responsible for all costs associated with the relocation of its equipment as described in Section 1. Microwave Collocation. Microwave Collocation is available on a first-come first-served basis where technically feasible. The microwave equipment may include microwave antenna(s), mounts , towers or other antenna support equipment on the exterior of the building, and radio transmitterlreceiver equipment located either inside or on the exterior of the building. All microwave antennas must be physically interconnected to Verizon facilities through the Collocation arrangement. Unless otherwise specified in this Section 1., the provisions contained in other sections of the Collocation Attachment shall apply to microwave Collocation. 1.10.Accommodations. Verizon will provide space within the cable riser, cable rack support structures and between the transmitterlreceiver space and the roof space needed to reach the physical or virtual Collocation arrangement and to access Verizon s interconnection point. Waveguide may not be placed in Verizon cable risers or racks. Verizon reserves the right to prohibit the installation of waveguide metallic conduit and coaxial cable through or near sensitive equipment areas. The route of the waveguide andlor coaxial cable as well as any protection required will be discussed during the pre-construction survey. Covista ID Comprehensive Ver2.8 -doc 164 10. 10. Verizon will designate the space in, on or above the exterior walls and roof of the premises, which will constitute the roof space or transmitterlreceiver space. Verizon may require Covista transmitterlreceiver equipment to be installed in a locked cabinet which may be free standing, wall mounted or relay rack mounted. Verizon may enclose Covista s multiplexing node or transmitterlreceiver equipment in a cage or room. At the option of Verizon, the antenna support structure shall be built owned and maintained by either Verizon or by Covista. Verizon reserves the right to use existing support structures for Covista antenna, subject to space and capacity limitations. Verizon also reserves the right to use any unused portion of a support structure owned by Covista for any reason , subject to the provisions set forth below. It shall be the responsibility of the owner of the support structure to maintain a record of the net book value of the structure. When Verizon is the owner of the structure, it shall keep such records in accordance with the FCC's Part 32 uniform system of accounts. When Covista is the owner of the structure, it shall keep such records in acc~rdance with generally accepted accounting principles. The owner of the support structure shall use reasonable efforts to accommodate requests by other CLECs to use the support structure for microwave interconnection on a first-come first-served basis. For those interconnecting via microwave facilities, transmitterlreceiver equipment may be located in Covista s interior Collocation space, or in a separate location inside or on the exterior of the building as determined by Verizon. Securitv. Verizon will permit Covista s employees, agents and contractors approved by Verizon to have access to the areas where Covista s microwave antenna and associated equipment (e., tower and support structure, transmitterlreceiver equipment, and waveguide andlor coaxial cable) is located during normal business hours for installation and routine maintenance, provided that Covista employees, agents and contractors comply with the policies and practices of Verizon pertaining to fire , safety and security. Such approval will not be unreasonably withheld. Ouring non-business hours, Verizon will provide access on a per event basis. Verizon will also permit all approved employees, agents and contractors of Covista to have access to Covista s cable and associated equipment (e., repeaters). This will include access to riser cable, cableways, and any room or area necessary for access. Safety and Technical Standards . Verizon reserves the right to remove facilities and equipment from its list of approved products if such products, facilities and equipment are determined to be no longer compliant with NEBS standards or electromagnetic compatibility and electrical safety generic criteria for network telecommunication equipment specified in GR -1089 - CORE. Verizon will provide 90 days notice of the change unless it is due to an emergency which renders notice impossible. Covista ID Comprehensive Ver2.8 -doc 165 Verizon reserves the right to review wind or ice loadings, etc., for antennas over 18 inches in diameter or for any multiple antenna installations, and to require changes necessary to insure that such loadings meet generally accepted engineering criteria for radio tower structures. The minimum height of equipment placement. such as microwave antennas, must be eight feet from the roof. For masts, towers andlor antennas over ten (10) feet in height, Covista or if applicable, Verizon shall have the complete structure, including guys and supports, inspected every two years by an acceptable licensed professional engineer of its choice specializing in this type of inspection. For Covista owned structures that are solely for the use of one CLEC' antenna(s), such inspection will be at Covista s own cost and expense. For structures used by multiple CLECs, the costs associated with such inspection shall be apportioned based on relative capacity ratios. A copy of this report may be filed with Verizon within ten (10) days of the inspection. The owner shall be responsible to complete all maintenance andlor repairs, as recommended by the engineer, within 90 days. Covista shall provide written notice to Verizon of any complaint (and resolution of such complaint) by any governmental authority or others pertaining to the installation , maintenance or operation of Covista facilities or equipment located in roof space or transmitter/receiver space. Covista also agrees to take all necessary corrective action. All Covista microwave equipment to be installed in or on the exterior of Verizon premises must be on the Verizon s list of approved products or equipment that is demonstrated as complying with the technical specifications described herein. Where a difference may exist in the specifications, the more stringent shall apply. Covista must comply with Verizon technical specifications for microwave Collocation interconnection specified in NIP - 74171 and Verizon s digital switch environmental requirements specified in NIP - 74165, as they relate to fire, safety, health , environmental , and network safeguards, and ensure that Covista provided equipment and installation activities do not act as a hindrance to Verizon services or facilities. Covista s equipment placed in or on roof space or transmitler/receiver space must also comply with all applicable rules and regulations of the FCC and the FAA. Covista facilities shall be placed, maintained , relocated or removed in accordance with the applicable requirements and specifications of the current edition of NIP - 74171 , national electric code, the national electrical safety code, rules and regulations of the OSHA, and any governing authority having jurisdiction. All Covista microwave facilities must comply with Bellcore specifications regarding microwave and radio based transmission and equipment, CEF, BR - 760 - 200 - 030, and SR - TAP - 001421; and Verizon s practices as they relate to fire, safety, health, environmental safeguards transmission and electrical grounding requirements, or interference with Verizon services or facilities. Covista ID Comprehensive Ver2.8 -doc 166 10.4 10. The equipment located in , on or above the exterior walls or roof of Verizon s building must either be on Verizon s list of approved products or fully comply with requirements specified in GR - 63 CORE, GR -1089 - CORE and NIP 74171. This equipment must also comply with NIP - 74160 , premise engineering environmental and transmission standards as they relate to fire, safety, health, environmental safeguards, or interference with Verizon service or facilities. Each transmitter individually and all transmitters collectively at a given location shall comply with appropriate federal, state andlor local regulations governing the safe levels of radio frequency radiation. The minimum standard to be met by Covista in all cases is specified in ANSI C95.1 -1982. Covista equipment must conform to the same specific risk, safety, hazard standards which Verizon imposes on its own premises equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or higher. Covista equipment is not required to meet the same performance and reliability standards as Verizon imposes on its own equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or higher. Placement and Removal of Facilities and Eauioment.Prior to installation of Covista s facilities or transmission equipment for microwave interconnection, Covista must obtain at its sole cost and expense all necessary licenses, permits, approvals andlor variances for the installation and operation of the equipment and particular microwave system, and when applicable for any towers or support structures, as may be required by authorities having jurisdiction. Covista is not permitted to penetrate the building exterior wall or roof when installing or maintaining transmission equipment and support structures. All building penetration will be done by Verizon or a hired agent of Verizon. Any Covista s equipment used to produce or extract moisture must be connected to existing or newly constructed building or roof top drainage systems, at the expense of Covista. Covista will be responsible for supplying, installing, maintaining, repairing and servicing the following microwave specific equipment: Waveguide, waveguide conduit, andlor coaxial cable, the microwave antenna and associated tower and support structure and any associated equipment; and the transmitter/receiver equipment and any required grounding. Covista may install equipment that has been deployed by the Verizon for five years or more with a proven safety record. Moves. Reolacements or Other Modifications . Where Covista intends to modify, move replace or add to equipment or facilities within or about the roof space or transmitterlreceiver space(s) and requires special consideration (e., use of freight elevators , loading dock staging area, etc.), Covista must request and receive written consent from Verizon. Such consent will not be unreasonably withheld. Covista ID Comprehensive Ver2.8 -doc 167 Covista shall not make any changes from initial installation in terms of the number of transmitter/receivers, type of radio equipment, power output of transmitters or any other technical parameters without the prior written approval of Verizon. 10.Space and Facilities. Monthly rates are applicable to Covista for the space (generally on the premises roof) associated with Verizon or other CLEC owned antenna support structures. The rate is calculated using the rate per square foot, multiplied by the square footage of the footprint, which resultant is multiplied by Covista s relative capacity ratio (RCR), (Le., the sum of the RCRs of each of the Covista antennas ). Square footage for the footprint will be based on the length times width of the entire footprint formed on the horizontal plane (generally the roof top) by the antennae s), tower( s), mount( s), guy wires andlor support structures used by Covista. For a non-rectangular footprint, the length will be measured at the longest part of the footprint and the width will be the widest part of the footprint. The owner of the support structure may charge Covista proposing to use the structure, on a one-time basis, for the following costs andlor values. Any incremental costs associated with installing the Covista antenna, including but not limited to, the costs of engineering studies, roof penetrations, structural attachments, support structure modification or reinforcement, zoning and building permits. A portion of the net book value of the support structure is based on the RCR of Covista s proposed antenna(s) to be mounted on the structure. Covista s RCR represents the percent of the total capacity of the support structure used by Covista s antenna(s) on the structure. Spare capacity shall be deemed to be that of the owner of the structure. RCRs shall be expressed as a two place decimal number rounded to the nearest whole percent. The sum of all users' RCRs and the owner s RCR shall at all times equal 1.00. It shall be the responsibility of the owner of the structure to provide Covista the net book value of the structure at the time of the proposed use. Upon request, the owner shall also provide the proposed user accounting records or other documentation supporting the net book value. The owner of the structure may not assess Covista any charges in addition to the one-time charge described above, except that the owner of the structure may assess Covista a proportionate share of inspection costs and Verizon may assess Covista monthly recurring charges for use of its roof space. At the time Covista proposes to attach additional antennas to an existing support structure, it shall be the responsibility of Covista to obtain, at its cost and expense , an engineering analysis by a registered structural engineer to determine the relative capacity ratio of all antennas on the structure , including the proposed antennas. When a Covista is the owner of the structure, the proposed user shall pay Covista directly the one-time charge as set forth above. When Verizon is the owner of the support structure, it shall determine the charge on an individual case basis. In the event that Covista as owner of the support structure fails to comply with these provisions, at Covista ID Comprehensive Ver2.8 -doc 168 10. 10. Verizon s option, ownership of the support structure shall transfer to Verizon. Costs incurred by Verizon to conduct a review for wind or ice loadings (etc.) for antennas over 18 inches in diameter, or for any multiple antenna installation, and any changes which may be required thereto in order to insure that such loadings meet generally accepted engineering criteria for radio tower structures, will be billed to Covista. Emeraencv Power andlor Environmental Support. In the event special work must be done by Verizon to provide emergency power or environmental support to the transmitter/receiver equipment or antenna , Covista will be billed on a time and materials basis for the costs incurred. Escortina . When Covista personnel are escorted by a qualified Verizon employee for access to the roof space, transmitter/receiver space, or cable risers and racking for maintenance, the miscellaneous labor charges as set forth in the Pricing Attachment will apply. Covista ID Comprehensive Ver2.8 -doc 169 911 ATTACHMENT 911/6-911 Arrangements Covista may, at its option, interconnect to the Verizon 911/E-911 Selective Router or 911 Tandem Offices, as appropriate, that serve the areas in which Covista provides Telephone Exchange Services, for the provision of 911/E-911 services and for access to all subtending Public Safety Answering Points (PSAP). In such situations, Verizon will provide Covista with the appropriate CLL! codes and specifications of the Tandem Office serving area. In areas where E-911 is not available, Covista and Verizon will negotiate arrangements to connect Covista to the 911 service in accordance with applicable state law. Path and route diverse Interconnections for 911/E-911 shall be made at the technically feasible Point of Interconnection on Verizon s network at which the Parties interconnect, or other points as necessary and mutually agreed, and as required by law or regulation. Within thirty (30) days of its receipt of a complete and accurate request from Covista, to include all required information and applicable forms , and to the extent authorized by the relevant federal, state, and local authorities, Verizon will provide Covista, where Verizon offers 911 service, with the following at a reasonable fee, if applicable: 3.4 Electronic Interface a file via electronic medium containing the Master Street Address Guide ("MSAG") for each county within the LATA(s) where Covista is providing, or represents to Verizon that it intends to provide within sixty (60) days of Covista s request, local exchange service, which MSAG shall be updated as the need arises and a complete copy of which shall be made available on an annual basis; a list of the address and CLL! code of each 911/E-911 selective router or 911 Tandem office(s) in the area in which Covista plans to offer Telephone Exchange Service; a list of geographical areas, e., LATAs, counties or municipalities, with the associated 911 tandems, as applicable. a list of Verizon personnel who currently have responsibility for 911/E- 911 requirements, including a list of escalation contacts should the primary contacts be unavailable. any special 911 trunking requirements for each 911/E-911 selective router or 911 Tandem Office, where available , and; prompt return of any Covista 911/E-911 data entry files containing errors, so that Covista may ensure the accuracy of the Customer records. Covista shall use, where available, the appropriate Verizon electronic interface, through which Covista shall input and provide a daily update of 911/E-911 database information related to appropriate Covista Customers. In those areas where an electronic interface is not available, Covista shall provide Verizon with all appropriate 911/E-911 information such as name, address, and telephone number via facsimile for Verizon s entry into the Covista ID Comprehensive Ver2.8 -doc 170 911/E-911 database system. Any 911/E-911-related data exchanged between the Parties prior to the availability of an electronic interface shall conform to Verizon standards, whereas 911/E-911-related data exchanged electronically shall conform to the National Emergency Number Association standards (NENA). Covista may also use the electronic interface, where available, to query the 911/E-911 database to verify the accuracy of Covista Customer information. 911 Interconnection Verizon and Covista will use commercially reasonable efforts to facilitate the prompt, robust, reliable and efficient interconnection of Covista systems to the 911/E-911 platforms andlor systems. 911 Facilities Covista shall be responsible for providing facilities from the Covista End Office to the 911 Tandem or selective router. Covista shall deploy diverse routing of 911 trunk pairs to the 911 tandem or selective router. Local Number Portability for use with 911 The Parties acknowledge that until Local Number Portability (LNP) with full 911/E-911 compatibility is utilized for all ported telephone numbers, the use of Interim Number Portability ("INP") creates a special need to have the Automatic Location Identification (All) screen reflect two numbers: the "old" number and the "new" number assigned by Covista. Therefore, for those ported telephone numbers using INP, Covista will provide the 911/E-911 database with both the forwarded number and the directory number, as well as all other required information including the appropriate address information for the Customer for entry into the 911/E-911 database system. Further, Covista will out pulse the telephone number to which the call has been forwarded (that is, the Customer s ANI) to the 911 Tandem office or selective router. Covista will include their NENA five character Company Identification ("COIO") for inclusion in the All display. Covista is required to enter data into the 911/E-911 database under the NENA Standards for LNP. This includes, but is not limited to, using Covista s NENA COIO to lock and unlock records and the posting of Covista s NENA COIO to the All record where such locking and migrating feature for 911/E-911 records are available or as defined by local standards. PSAP Coordination Verizon and Covista will work cooperatively to arrange meetings with PSAPs to answer any technical questions the PSAPs, or county or municipal coordinators may have regarding the 911/E-911 arrangements. 911 Compensation Covista will compensate Verizon for connections to its 911/E-911 platform andlor system pursuant to the rate schedule included in the Pricing Attachment. 911 Rules and Regulations Covista and Verizon will comply with all applicable rules and regulations (including 911 taxes and surcharges as defined by local requirements) pertaining to the provision of 911/E-911 services in the State of Idaho. Covista ID Comprehensive Ver2.8 -doc 171 Good Faith Performance If and, to the extent that, Verizon, prior to the Effective Oate of this Agreement, has not provided in the State of Idaho a Service offered under this Attachment, Verizon reserves the right to negotiate in good faith with Covista reasonable terms and conditions (including, without limitation , rates and implementation timeframes) for such Service; and if the Parties cannot agree to such terms and conditions (including, without limitation rates and implementation timeframes), either Party may utilize the Agreement's dispute resolution procedures. Covista ID Comprehensive Ver2.8 -doc 172 PRICING ATTACHMENT General As used in this Attachment, the term "Charges" means the rates, fees, charges and prices for a Service. Except as stated in Section 2 or Section 3 of this Attachment, Charges for Services shall be as stated in this Section 1. The Charges for a Service shall be the Charges for the Service stated in the Providing Party s applicable Tariff. 1.4 In the absence of Charges for a Service established pursuant to Section 1.3 of this Attachment, the Charges shall be as stated in Appendix A of this Pricing Attachment. For rate elements provided in Appendix A of this Pricing Attachment that do not include a Charge, either marked as "TBO" or otherwise, Verizon is developing such Charges and has not finished developing such Charges as of the Effective Oate of this Agreement ("Effective Oate ). When Verizon finishes developing such a Charge, Verizon shall notify Covista in writing of such Charge in accordance with, and subject to, the notices provisions of this Agreement and thereafter shall bill Covista, and Covista shall pay to Verizon , for Services provided under this Agreement on the Effective Oate and thereafter in accordance with such Charge. Any notice provided by Verizon to Covista pursuantto this Section 1.4 shall be deemed to be a part of Appendix A of this Pricing Attachment immediately after Verizon sends such notice to Covista and thereafter. The Charges stated in Appendix A of this Pricing Attachment shall be automatically superseded by any applicable Tariff Charges. The Charges stated in Appendix A of this Pricing Attachment also shall be automatically superseded by any new Charge(s) when such new Charge(s) are required by any order of the Commission or the FCC , approved by the Commission or the FCC, or otherwise allowed to go into effect by the Commission or the FCC (including, but not limited , in a Tariff that has been filed with the Commission or the FCC), provi ded such new Charge(s) are not subject to a stay issued by any court of competent jurisdiction. In the absence of Charges for a Service established pursuant to Sections 1. through 1.5 of this Attachment, if Charges for a Service are otherwise expressly provided for in this Agreement, such Charges shall apply. In the absence of Charges for a Service established pursuant to Sections 1. through 1.6 of this Attachment, the Charges for the Service shall be the Providing Party's FCC or Commission approved Charges. In the absence of Charges for a Service established pursuant to Sections 1. through 1.7 of this Attachment, the Charges for the Service shall be mutually agreed to by the Parties in writing. Verizon Telecommunications Services Provided to Covista for Resale Pursuant to the Resale Attachment Verizon Telecommunications Services for which Verizon is Required to Provide a Wholesale Oiscount Pursuant to Section 251(c)(4) of the Act. Covista ID Comprehensive Ver2.8 -doc 173 1.4 The Charges for a Verizon Telecommunications Service purchased by Covista for resale for which Verizon is required to provide a wholesale discount pursuant to Section 251(c)(4) of the Act shall be the Retail Price for such Service set forth in Verizon s applicable Tariffs (or, if there is no Tariff Retail Price for such Service, Verizon s Retail Price for the Service that is generally offered to Verizon s Customers), less, to the extent required by Applicable Law: (a) the applicable wholesale discount stated in Verizon s Tariffs for Verizon Telecommunications Services purchased for resale pursuant to Section 251(c)(4) of the Act; or (b) in the absence of an applicable Verizon Tariff wholesale discount for Verizon Telecommunications Services purchased for resale pursuant to Section 251 (c)( 4) of the Act, the applicable wholesale discount stated in Appendix A for Verizon Telecommunications Services purchased for resale pursuant to Section 251 (c)( 4) of the Act. The Charges for a Verizon Telecommunications Service Customer Specific Arrangement ("CSA") purchased by Covista for resale pursuant to Section 3.3 of the Resale Attachment for which Verizon is required to provide a wholesale discount pursuant to Section 251(c)(4) of the Act shall be the Retail Price for the CSA, less, to the extent required by Applicable Law: (a) the applicable wholesale discount stated in Verizon s Tariffs for Verizon Telecommunications Services purchased for resale pursuant to Section 251 (c)(4) of the Act; or (b) in the absence of an applicable Verizon Tariff wholesale discount for Verizon Telecommunications Services purchased for resale pursuant to Section 251 (c)( 4) of the Act, the applicable discount stated in Appendix A for Verizon Telecommunications Services purchased for resale pursuant to Section 251(c)(4) of the Act. Notwithstanding the foregoing, in accordance with, and to the extent permitted by Applicable Law, Verizon may establish a wholesale discount for a CSA that differs from the wholesale discount that is generally applicable to Telecommunications Services provided to Covista for resale pursuant to Section 251(c)(4) of the Act. Notwithstanding Sections 2.1 and 2.2 of this Attachment, in accordance with , and to the extent permitted by Applicable Law Verizon may at any time establish a wholesale discount for a Telecommunications Service (including, but not limited to, a CSA) that differs from the wholesale discount that is generally applicable to Telecommunications Services provided to Covista for resale pursuant to Section 251(c)(4) of the Act. The wholesale discount stated in Appendix A shall be automatically superseded by any new wholesale discount when such new wholesale discount is required by any order of the Commission or the FCC, approved by the Commission or the FCC, or otherwise allowed to go into effect by the Commission or the FCC, provided such new wholesale discount is not subject to a stay issued by any court of competent jurisdiction. The wholesale discount provided for in Sections 2.1 through 2.3 of this Attachment shall not be applied to: Short term promotions as defined in 47 CFR ~ 51.613; Covista ID Comprehensive Ver2.8 -doc 174 5.2 Except as otherwise provided by Applicable Law, Exchange Access services; Subscriber Line Charges, Federal Line Cost Charges, end user common line Charges, taxes, and government Charges and assessment (including, but not limited to, 9-1- 1 Charges and Oual Party Relay Service Charges). 5.4 Any other service or Charge that the Commission, the FCC or other governmental entity of appropriate jurisdiction determines is not subject to a wholesale discount under Section 251(c)(4) of the Act. Verizon Telecommunications Services for which Verizon is Not Required to Provide a Wholesale Oiscount Pursuant to Section 251(c)(4) of the Act. The Charges for a Verizon Telecommunications Service for which Verizon is not required to provide a wholesale discount pursuant to Section 251(c)(4) of the Act shall be the Charges stated in Verizon Tariffs for such Verizon Telecommunications Service (or, ifthere are no Verizon Tariff Charges for such Service, Verizon s Charges for the Service that are generally offered by Verizon). The Charges for a Verizon Telecommunications Service customer specific contract service arrangement ("CSA") purchased by Covista pursuant to Section 3.3 of the Resale Attachment for which Verizon is not required to provide a wholesale discount pursuant to Section 251(c)(4) of the Act shall be the Charges provided for in the CSA and any other Charges that Verizon could bill the person to whom the CSA was originally provided (including, but not limited to, applicable Verizon Tariff Charges). Other Charges. Covista shall pay, or collect and remit to Verizon, without discount, all Subscriber Line Charges, Federal Line Cost Charges, and end user common line Charges , associated with Verizon Telecommunications Services provided by Verizon to Covista. Covista Prices Notwithstanding any other provision of this Agreement, the Charges that Covista bills Verizon for Covista s Services shall not exceed the Charges for Verizon s comparable Services, except to the extent that Covista s cost to provide such Covista s Services to Verizon exceeds the Charges for Verizon s comparable Services and Covista has demonstrated such cost to Verizon, or, at Verizon s request, to the Commission or the FCC. (This Section Intentionally Left Blank) Regulatory Review of Prices Notwithstanding any other provision of this Agreement, each Party reserves its respective rights to institute an appropriate proceeding with the FCC, the Commission or other governmental body of appropriate jurisdiction: (a) with regard to the Charges for its Services (including, but not limited to, a proceeding to change the Charges for its services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b) Covista ID Comprehensive Ver2.8 -doc 175 with regard to the Charges of the other Party (including, but not limited to, a proceeding to obtain a reduction in such Charges and a refund of any amounts paid in excess of any Charges that are reduced). Covista ID Comprehensive Ver2.8 -doc 176 APPENDIX A TO THE PRICING ATTACHMENT V1. Rates and Charges for Transport and Termination of Traffic Reciprocal Compensation Traffic Termination Reciprocal Compensation Traffic End Office Rate: $0.0050687 per minute of use. Reciprocal Compensation Traffic Tandem Rate: $0.0070138 per minute of use. The Tandem Transit Service Charge is $0.0018345 per minute of use. Transit Service Billing Fee - Five percent (5%) of the Tandem Transit Traffic Service Charges assessed during the billing period for Tandem Transit Traffic exchanged with the relevant third party carriers. Transit Service Trunkin~ Charge (for each relevant third party carrier) - For each OS1 equivalent volume (or portion thereof) of Tandem Transit Traffic exchanged with the relevant third party carrier during a monthly billing period: an amount equal to the total monthly rate for 24 channels (OS1 equivalent) for Switched Access, Access Tandem Oedicated Trunk Port OS1 , as set forth in Verizon Tariff FCC No. 14, as amended from time to time. Entrance Facility and Transport for Interconnection Charges: See Intrastate Special Access Tariff This Appendix may contain rates for (and/or reference) services, facilities, arrangements and the like that Verizon does not have an obligation to provide under the Agreement (e.g.. services, facilities, arrangements and the like for which an unbundling requirement does not exist under 47 U.C. Section 251(cX3)). Notwithstanding any such rates (and/or references) and, for the avoidance of any doubt, nothing in this Appendix shall be deemed to require Verizon to provide a service, facility, arrangement or the like that the Agreement does not require Verizon to provide, or to provide a service, facility, arrangement or the like upon rates, terms or conditions other than those that may be required by the Agreement. All rates and charges set forth in this Appendixshall apply until such time as they are replaced by new rates and/or charges as the Commission or the FCC may approve or allow to go into effect from time to time, subject however to any stay or other order issued by any court of competent jurisdiction. In addition to any rates and charges set forth herein, Verizon, effective as of March 11 , 2005, may, but shall not be required to, charge (and Covista shall pay) any rates and charges that apply to a CLEC's embedded base of certain UNEs pursuant to the FCC's Order on Remand Unbundled Access to Network Elements; Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers WC Docket No. 04-313, CC Docket No. 01-338 (FCC reI. Feb. 4,2005) (the "TRRO"), the foregoing being without limitation of other rates and charges that may apply under subsequent FCC orders or otherwise. In addition, as set forth in Industry Notices, surcharges may apply to certain rates contained herein in order to apply a rate equivalent to the resale discount rate for certain facilities and arrangements that are no longer available as unbundled network elements or combinations thereof. All rates and charges specified herein are pertaining to the Interconnection Attachment. A CCS busy hour equivalent of 200,000 combined minutes of use. Covista ID Comprehensive Ver2.8 -doc 177 II.Services Available for Resale The avoided cost discount for all Resale services is 13.50%. Non-Recurring Charges (NRCs) for Resale Services Pre-ordering CLEC Account Establishment Per CLEC Customer Record Search Per Account Ordering and Provisioning Engineered Initial Service Order (ISO) - New Service Engineered Initial Service Order c As Specified Engineered Subsequent Service Order Non-Engineered Initial Service Order - New Service Non-Engiheered Initial Service Order - Changeover Non-Engineered Initial Service Order - As Specified Non-Engineered Subsequent Service Order Central Office Connect Outside Facility Connect Manual Ordering Charge Product Specific $273. $ 11. $311. $123. $ 59. $ 42. $ 21. $ 82. $ 19. $ 12. $ 68. $ 12. NRCs, other than those for Pre-ordering, Ordering and Provisioning, and Custom Handling as listed in this Appendix, will be charged from the appropriate retail tariff. No discount applies to such NRCs. Custom Handling Service Order Expedite: Engineered Non-Engineered Coordinated Conversions: ISO Central Office Connection Outside Facility Connection Hot Coordinated Conversion First Hour: ISO Central Office Connection Outside Facility Connection Hot Coordinated Conversion per Additional Quarter Hour: ISO Central Office Connection Outside Facility Connection Covista ID Comprehensive Ver2.8 -doc 178 $ 35.48 $ 12. $ 17. $ 10.$ 9. $ 30. $ 42. $ 38. 6.40 $ 10.$ 9. Application of NRCs Pre-orderi ng: CLEC Account Establishment is a one-time charge applied the first time that Covista orders any service from this Agreement. Customer Record Search applies when Covista requests a summary of the services currently subscribed to by the end-user. Ordering and Provisioning: Engineered Initial Service Order - New Service applies per Local Service Request (LSR) when engineering work activity is required to complete the order g. digital loops. Non-Engineered Initial. Service Order - New Service applies per LSR when no engineering work activity is required to complete the order, e.g. analog loops. Initial Service Order - As Specified (Engineered or Non-Engineered) applies only to Complex Services for services migrating from Verizon to Covista. Complex Services are services that require a data gathering form or has special instructions. Non-Engineered Initial Service Order - Changeover applies only to Basic Services for services migrating from Verizon to Covista. End-user service may remain the same or change. Central Office Connect applies in addition to the ISO when physical installation is required at the central office. Outside Facility Connect applies in addition to the ISO when incremental fieldwork is required. Manual Ordering Charge applies to orders that require Verizon to manually enter Covista s order into Verizon s Secure Integrated Gateway System (SIGS), e. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite (Engineered or Non-Engineered) applies if Covista requests service prior to the standard due date intervals. Coordinated Conversion applies if Covista requests notification and coordination of service cut over prior to the service becoming effective. Hot Coordinated Conversion First Hour applies if Covista requests real-time coordination of a service cut-over that takes one hour or less. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real- time coordination of a service cut-over that takes more than one hour. Covista ID Comprehensive Ver2.8 -doc 179 III.Prices for Unbundled Network Elements Monthly Recurring Charges Local Loop 2 Wire Analog Loop (inclusive of NIO) 4 Wire Analog Loop (inclusive of NIO) 2 Wire Oigital Loop (inclusive of NIO) 4 Wire Oigital Loop (inclusive of NIO) OS-1 Loop OS-3 Loop 45. 67. 45. 67. 160. 320. 26. 16. 26. 31. 45. BFR Supplemental Features: ISON-BRI Line Loop Extender OS 1 Clear Channel Capability Sub-Loop Wire Feeder Wire Oistribution 4-Wire Feeder Wire Oistribution Wire Orop Wire Orop Inside Wire Network Interface Device (leased separately) Basic NIO: Complex (12 x) NIO Switching Port Basic Analog Line Side Port Coin Line Side Port ISDN BRI Oigital Line Side Port OS-1 Oigital Trunk Side Port ISON PRI Oigital Trunk Side Port 19.40 70. 227. Usage Charges (must purchase Port) Local Central Office Switching (Overall Average MOU) Common Shared Transport 0050687 4 For the avoidance of any doubt, in addition to any rates and charges set forth herein, Verizon, effective as of March 11, 2005, may, but shall not be required to, charge (and Covista shall pay) any rates and charges that apply to a CLEC' embedded base of certain UNEs pursuant to the TRRO, the foregoing being without limitation of other rates and charges that may apply under subsequent FCC orders or otherwise; in addition, as set forth in Industry Notices, surcharges may apply to certain rates contained herein in order to apply a rate equivalent to the resale discount rate for certain facilities and arrangements that are no longer available as unbundled network elements or combinations thereof. 5 In compliance with the FCC Order approving the Merger of GTE Corporation and Bell Atiantic(CC Docket No. 98-1840), Verizon will offer limited duration promotional discounts on resold residential exchange access lines. The terms and conditions on which these promotional discounts are being made available can be found on Verizon s web site, at httD:/Iwww.ate.com/wise for former GTE service areas and httD://www.bell-atl.com/wholesale/html/resources.htm for former Bell Atlantic service areas. Covista ID Comprehensive Ver2.8 -doc 180 Transport Facility (Average MOU/ALM) Transport Termination (Average MOU/Term) Tandem Switching (Average MOU) Terminating to Originating Ratio Dedicated Transport Facilities CLEC Oedicated Transport COT 2 Wire COT 4 Wire COT OS1 COT OS3 Optical Interface COT OS3 Electrical Interface Interoffice Oedicated Transport lOT OSO Transport Facility per ALM lOT OSO Transport Termination lOT OS1 Transport Facility per ALM lOT OS1 Transport Termination lOT OS3 Transport Facility per ALM lOT OS3 Transport Termination Multiplexing OS1 to Voice Multiplexing OS3 to OS1 Multiplexing OS1 Clear Channel Capability Unbundled Dark Fiber Unbundled Oark Fiber Loops/Sub-Loops Dark Fiber Loop Oark Fiber Sub-Loop - Feeder Oark Fiber Sub-Loop - Oistribution Unbundled Oark Fiber Oedicated Transport Oark Fiber lOT -Facility Oark Fiber lOT -Termination Intermediate Office Cross Connect Covista ID Comprehensive Ver2.8 -doc 181 0000021 0001106 0017134 $ 33. $ 53. 300. $ 1 312. $ 1 750. 12. 45. 25. 234. 194. 550. 26. 67. 53. 13. 24. TBO UNE-P Pricing MRCs. The MRC for a UNE-P will generally be equal to the sum of the MRCs for the combined UNEs (e.g. the total of the UNE loop charge plus the UNE port charges in the Agreement (see Note A) plus: UNE local switching (per minute originating usage plus TIO factor to determine terminating minutes) based on UNE local switching rates in the Agreement plus UNE shared transport and tandem switching (based on factors for percent interoffice and tandem switch usage, plus assumed transport mileage of 10 miles and 2 terms) based on UNE shared transport rates in the Agreement plus UNE Vertical Services charges (optional per line charges, if allowed by the Agreement). (Note A): UNE platforms are available in four looplport configurations as shown below. If the price for any component of these platforms is not set forth herein, Verizon will use the 1GB process to determine the appropriate price and TBO pricing shall apply. UNE Basic Analog Voice Grade Platform consists of the following components: UNE 2-wire Analog loop; and UNE Basic Analog Line Side port UNE ISON BRI Platform consists of the following components: UNE 2-wire Oigitalloop; and UNE ISON BRI Oigital Line Side port UNE ISON PRI Platform consists of the following components: UNE OS1 loop; and UNE IS ON PRI Oigital Trunk Side port UNE OS1 Platform consists of the following components: UNE OS1 loop; and UNE OS1 Oigital Trunk Side port NRCs. Optional NRCs will apply as ordered by the CLEC including such charges as Expedites, Coordinated Conversions, loop Conditioning, etc. EEL Pricing MRCs. The MRCs for an EEL will generally be equal to the applicable MRCs for UNEs and Multiplexing that comprise an EEL arrangement (e.g. UNE Loop, lOT, COT, Multiplexing, & Clear Channel Capability). 6 For the avoidance of any doubt, in addition to any rates and charges set forth herein, Verizon, effective as of March 11 2005, may, but shall not be required to, charge (and Covista shall pay) any rates and charges that apply to a CLEC' embedded base of certain UNEs pursuant to the TRRO, the foregoing being without limitation of other rates and charges that may apply under subsequent FCC orders or otherwise; in addition, as set forth in Industry Notices, surcharges may apply to certain rates contained herein in order to apply a rate equivalent to the resale discount rate for certain facilities and arrangements that are no longer available as unbundled network elements or combinations thereof. Covista ID Comprehensive Ver2.8 -doc 182 Line Splitting Except as noted in the following paragra ph, the provider of voice services in a Line Splitting arrangement ("VLEC") will be billed for all charges associated with the Network Elements and other Verizon services, facilities and arrangements, used in conjunction with the Line Splitting arrangement ("Line Splitting Arrangement"), regardless of which CLEC in the Line Splitting Arrangement orders the Network Elements or other Verizon services, facilities or arrangements. These charges include, but are not limited to, all applicable non-recurring charges and monthly recurring charges related to such Line Splitting Arrangement, including but not limited to UNE-P (2-wire digital UNE loop or 2- wire AOSL capable UNE loop, UNE switch port, UNE local switching usage, UNE local transport and usage rates), testing, pre-qualification, OSS , line conditioning, CLEC account establishment and misdirected trouble charges. The CLEC with the applicable collocation arrangement will be billed for splitter establishment and collocation related charges. 7 Rates for the individual line splitting components are contained in existing terms for Unbundled Network Elements andCollocation. Covista ID Comprehensive Ver2.8 -doc 183 NON-RECURRING CHARGES - LOOP, PORT AND NID Pre-ordering CLEC Account Establishment Per CLEC CustomerRecord Search $166. $ 4. Ordering and Provisioning Loop: Engineered Initial Service Order (ISO) Non-Engineered ISO Central Office Connection Outside Facility Connection (See Note 1) $294. $ 49. $ 12. $ 68. NIO: ISO Outside Facility Connection $ 33. $ 42. Port: ISO Subsequent Service Order Central Office Connection $ 50.46 $ 25. $ 12. Custom Handling Manual Ordering Charge Service Order Expedite: Engineered Loop LSRs All Other LSRs $ 12. $ 25. $ 3. Coordinated Conversions: ISO Central Office Connection Outside Facility Connection $ 17. $ 10. $ 9. Hot Coordinated Conversion First Hour: ISO Central Office Connection Outside Facility Connection $ 30. $ 42. $ 38. Hot Coordinated Conversion per Additional Quarter Hour: ISO Central Office Connection Outside Facility Connection 6.40 $ 10.$ 9. Note 1: The Outside Loop Facility Charge will apply when fieldwork is required for establishment of a new unbundled loop service. Covista ID Comprehensive Ver2.8 -doc 184 NON-RECURRING CHARGES - OTHER UNEs Exchange - FOI Feeder Interconnection - Initial Exchange - FOI Feeder Interconnection - Subsequent Exchange - FOI Oistribution Interconnection - Initial Exchange - FOI Oistribution Interconnection - Subsequent Exchange - Serving Terminal Interconnection - Initial Exchange - Serving Terminal Interconnection - Subsequent $ 36. $ 15. $ 36. $ 15. $ 36. $ 15. $ 26. $ 11. $ 26. $ 11. $ 26. $ 11. $ 46.20 $ 16. $ 61. $ 16. $ 28. $ 13. $ 24. 7.22 $ 30.$ 7. $ 15. 6.41 Advanced - Service Inquiry Charge $405.$405.NIA NIA Advanced - Interoffice Oedicated Transport - Initial $ 64.$ 64.$267.$224. Advanced - Unbundled Loop - Initial $ 64.$ 64.$261.$220.43 Advanced - Sub-Loop Feeder - Initial $ 64.$ 64.$261.$220.43 Advanced - Sub-Loop Oistribution - Initial $ 64.$ 64.$264.$216. Intermediate Office Cross Connect TBO Oark fiber Record Review (with reservations)TBO Oark Fiber Optional Engineering Services TBO m:c" :S'!.", Advanced - Basic (2-wire and 4-wire) - Initial $ 88.39 $ 56.$12.NIA Advanced - Basic (2-wire and 4-wire) - Subsequent $ 38.$ 21.$ 12.NIA OS1/0S3 - Initial $ 97.$ 65.$12.NIA OS1/DS3 - Subsequent $ 38.$ 21.$ 12.NIA OS3 to OS1 Multiplexer NIA NIA $450.NIA OS1 to OSO Multiplexer NIA NIA $800.NIA Advanced - Basic (2-wire and 4-wire) Changeover (As Is)$161.$99.$41.NIA Advanced - Basic (2-wire and 4-wire) Changeover (As Is)-$7.$4.$41.NIA Additional MOG (Mass Order Generator) Only Advanced - Complex (OS1 and above) Changeover (As Is)$179.$117.$41.NIA Advanced - Complex (OS1 and above) Changeover (As Is)-$7.$4.$41.NIA Additional MOG (Mass Order Generator) Only Covista ID Comprehensive Ver2.8 -doc 185 Loop Conditioning - Bridged Tap Loop Conditioning - Load Coils Loop Conditioning - Load Coils Bridged Tap NIA NIA NIA NIA NIA NIA $318. $249. $568. $ 34. $ 34. Exchange - Basic - Initial $ 31.$ 22.$ 28.23 $ 26. Exchange - Basic - Subsequent $ 16.44 $ 13. Exchange - Basic - Changeover $ 19.$ 15. Exchange - Complex Non-Oigital - Initial $ 41.$ 27.$162.41 $ 31. Exchange - Complex Non-Oigital - Subsequent (Port Feature)$ 16.44 $ 13. Exchange - Complex Non-Oigital - Subsequent (Switch $ 20.$ 13.$ 22.$ 22. Feature Group) Exchange - Complex Non-Oigital - Changeover (As Is)$ 22.$ 17. Exchange - Complex Non-Oigital - Changeover (As Specified)$ 30.$ 21.$ 20. Exchange - Complex Oigital - Initial $ 41.$ 27.$205.$ 28. Exchange - Complex Oigital - Subsequent (Port Feature)$ 16.44 $ 13. Exchange - Complex Oigital - Subsequent (Switch Feature $ 20.13.$ 22.$ 22. Group) Exchange - Complex Oigital - Changeover (As Is)$ 22.17. Exchange - Complex Oigital - Changeover (As Specified)$ 30.$ 21.$ 80. Advanced - Complex - Initial $ 48.$ 34.$681.$303. Advanced - Complex - Subsequent $ 20.$ 13.$ 65.$ 48.47 Advanced - Complex - Changeover (As Is)$ 24.19.$ 51.$ 34. Advanced - Complex - Changeover (As Specified)$ 37.$ 28.$ 82.$ 64. ~~i!I~~~l Advanced - Basic(2-wire and 4-wire) - Initial $ 95.49 $ 63.$428.NIA Advanced - Basic (2-wire and 4-wire)- Subsequent $ 45.$ 28.$ 58.20 N/A Advanced - Complex (OS1 and above) -Initial $105.$ 72.$584.49 NIA Advanced - Complex(OS1 and above) - Subsequent $ 45.$ 28.$ 86.NIA Entrance FacilitylOedicated Transport OSO - Initial Entrance FacilitylOedicated Transport OSO - Subsequent Entrance FacilitylOedicated Transport OSlIOS3 - Initial Entrance FacilitylOedicated Transport OS1/0S3 - Subsequent Clear Channel Capability $ 95.49 $ 45. $105. $ 45. NIA $ 63. $ 28. $ 72. $ 28.77 NIA $390. $ 58. $515. $ 86. $90. N/A N/A NIA N/A NIA 8 These charges are interim and subject to retroactive true back to the Effective Date of this Agreement. Covista ID Comprehensive Ver2.8 -doc 186 Facilities and Trunks - Initial Facilities and Trunks - Subsequent (with Engineering Review) Facilities and Trunks - Subsequent (w/o Engineering Review) Trunks Only - Initial Trunks Only - Subsequent (with Engineering Review) Trunks Only - Subsequent (w/o Engineering Review) STP Ports (SS7 Links) $237. $ 71. $ 71. $126. $ 49.46 $ 49.46 $237. $205. $ 55. $ 55. $ 93. $ 33. $ 33. $205. $568. $213. $ 67. $505.41 $202. $ 67. $438. NIA NIA NIA NIA NIA NIA NIA Exchange Products Advanced Products Customer Record Search (per account) CLEC Account Establishment (per CLEC) Oesign Change Charge - EELs and Transport $ 3. $ 25. $ 4. $166. $40. CLEC Splitter Connection - Initial CLEC Splitter Connection - Subsequent Covista ID Comprehensive Ver2.8 -doc 187 $ 32. $ 13. $ 3. $ 25. $166. $40. $ 22. $ 9. NIA NIA NIA NIA NIA $ 53. $ 14.49 NIA NIA NIA NIA NIA $ 47. $ 13. Application of NRCs Preordering: CLEC Account Establishment is a one-time charge applied the first time that Covista orders any service from this Agreement. Customer Record Search applies when Covista requests a summary of the services currently subscribed to by the end-user. Ordering and Provisioning: Initial Service Order (ISO) applies to each Local Service Request (LSR) and Access Service Request (ASR) for new service. Charge is Manual (e.g. for a faxed order) or Semi-Mechanized (e.g. for an electronically transmitted order) based upon the method of submission used by the CLEC. Subsequent Service Order applies to each LSRIASR for modifications to an existing service. Charge is Manual or Semi-Mechanized based upon the method of submission used by the CLEC. Advanced ISO applies per LSRIASR when engineering work activity is required to complete the order. Exchange ISO applies per LSRIASR when no engineering work activity is required to complete the order. Provisioning - Initial Unit applies per ISO for the first unit installed. The Additional Unit applies for each additional unit installed on the same ISO. Basic Provisioning applies to services that can be provisioned using standard network components maintained in inventory without specialized instructions for switch translations, routing, and service arrangements. Complex Provisioning applies to services that require special instruction for the provisioning of the service to meet the customer s needs. Examples of services and their Ordering/Provisioning category that applies: Exchange-Basic: 2-Wire Analog, 4-Wire Analog, Standard Sub-Loop Oistribution Standard Sub-Loop Feeder, Orop and NIO. Exchange-Complex: Non-loaded Sub-Loop Oistribution, Non-load Sub-Loop Feeder, Loop Conditioning, Customized Routing, IS ON BRI Oigital Line Side Port and Line Sharing. Advanced-Basic: 2-Wire Oigital Loop, 4-Wire Oigital Loop Advanced-Complex: OS1 Loop, OS3 Loop, Oark Fiber, EELs, and ISON PRI Oigital Trunk Side Port Conditioning applies in addition to the ISO, for each Loop or Sub-Loop UNE for the installation and grooming of Conditioning requests. Covista ID Comprehensive Ver2.8 -doc 188 OS1 Clear Channel Capability applies in addition to the ISO, per OS1 for the installation and grooming of OS1 Clear Channel Capability requests. Changeover Charge applies to UNE-P and EEL orders when an existing retail resale, or special access service is already in place. Service Inquiry - Oark Fiber applies per service inquiry when a CLEC requests Verizon to determine the availability of dark fiber on a specific route. EELs - The NRCs that generally apply to an EEL arrangement are applicable ordering & provisioning charges for EEL Loops, lOT, COT, Multiplexing and Clear Channel Capability Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if Covista requests service prior to the standard due date intervals and the expedite request can be met by Verizon. Coordinated Conversion applies if Covista requests notification and coordination of service cut-over prior to the service becoming effective. Hot Coordinated Conversion First Hour applies if Covista requests real-time coordination of a service cut-over that takes one hour or less. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion First Hour, for every 15-minute segment of real- time coordination of a service cut-over that takes more than one hour. Oesign Change Charge applies to EELs & Transport orders for design changes requested by the CLEC. Covista ID Comprehensive Ver2.8 -doc 189 IV.Rates and Charges for 911 See State Tariff. Covista ID Comprehensive Ver2.8 -doc 190 Collocation Rates Non-Recurrina Prices Engineering Costs Engineering/Major Augment Fee Minor Augment Fee Access Card Administration (New/Replacement) Cage Grounding Bar DC Power per occurrence NRC 129. per occurrence NRC 200. per card NRC 22. per bar NRC 1,437. per project NRC 75.43 per cable NRC 1341. per wire NRC 18. Overhead Superstructure per project NRC 2,440. Facility Cable or Fiber Optic Patch cord PullITermination Engineering per project NRC 76. Facility Cable Pull per cable run NRC 211. Fiber Optic Patchcord Pull per cable run NRC 207. OSO Cable Termination per 100 pair NRC OS1 Cable Termination per 28 pair NRC DS3 Coaxial Cable Termination (Preconnectorized)per termination NRC OS3 Coaxial Cable Termination (Unconnectorized)per termination NRC 11. Fiber Optic Patchcord Termination per termination NRC Fiber Cable Pull Engineering per project NRC 607. Place Innerduct per lin ft NRC Pull Cable per lin ft NRC Cable Fire Retardant per occurrence NRC 42. Fiber Cable Splice Engineering per project NRC 31. Splice Cable per fiber NRC 70. BITS Timing per project NRC 307. Engineering Cable PullITermination Ground Wire Monthlv Recurrina Prices Caged Floor Space including Shared Access Area DC Power per sq ft per load amp Building Modification Environmental Conditioning per request per load amp Facility Termination OSO OS1 OS3 Fiber Optic Patchcord Cable Rack Space - Metallic Cable Rack Space - Fiber Fiber Optic Patchcord Duct Space per 100 pr per 28 pr per OS3 per connector per cable run per innerduct ft per cable run Covista ID Comprehensive Ver2.8 -doc 191 MRC MRC 14. MRC MRC 201. MRC MRC MRC MRC MRC MRC MRC 16. 11. Manhole Space - Fiber per project MRC Subduct Space - Fiber per lin ft MRC Cable Vault Splice Fiber Cable - 48 Fiber Material per splice MRC 10. Fiber Cable - 96 Fiber Material per splice MRC 27. BITS Timing per occurrence MRC 11. Covista ID Comprehensive Ver2.8 -doc 192 Non-Recurrin Prices Engineering Costs EngineeringlMajor Augment Fee per occurrence NRC 129. Minor Augment Fee per occurrence NRC 200. Access Card Administration (New/Replacement)per card NRC 22. DC Power Engineering per project NRC 75.43 Cable PulilTermination per cable NRC 1341. Ground Wire per wire NRC 18. Overhead Superstructure per project NRC 2,440. Facility Cable or Fiber Optic Patchcord Pull/Termination Engineering per project NRC 76. Facility Pull per cable run NRC 211. Fiber Optic Patchcord Pull per cable run NRC 207. OSO Cable Termination per 100 pair NRC OS1 Cable Termination per 28 pair NRC OS3 Coaxial Cable Termination per termination NRC (Preconnectorized) OS3 Coaxial Cable Termination per termination NRC 11. (Unconnectorized) Fiber Optic Patchcord Termination per termination NRC Fiber Cable Pull Engineering per project NRC 607. Place Innerduct per lin ft NRC Pull Cable per lin ft NRC Cable Fire Retardant per occurrence NRC 42. Fiber Cable Splice Engineering per project NRC 31. Splice Cable per fiber NRC 70. BITS Timing per project NRC 307. Monthl Recurrin Prices Relay Rack Floor Space per lin ft MRC 20. DC Power per load amp MRC 14. Building Modification per request MRC 201. Environmental Conditioning per load amp MRC 2.28 Facility Termination OSO per 100 pr MRC OS1 per 28 pr MRC 16. OS3 per OS3 MRC 11. Fiber Optic Patch cord per connector MRC Cable Rack Space - Metallic per cable run MRC Cable Rack Space - Fiber per innerduct ft MRC Fiber Optic Patch cord Duct Space per cable run MRC Manhole Space - Fiber per project MRC Covista ID Comprehensive Ver2.8 -doc 193 ~~i~~!i~1?1~4'1~;L~'H~a1;g~.'..itlfl.~, Elements Subduct Space - Fiber Cable Vault Splice Fiber Cable - 48 Fiber Material per splice MRC 10. Fiber Cable - 96 Fiber Material per splice MRC 27. BITS Timing per occurrence MRC 11. Covista ID Comprehensive Ver2.8 -doc 194 ~~! ~~A~i~~~!~ml~~Ji~.~~lfi~: , Elements Non-Recurrina Prices Engineering Fee per occurrence NRC $958. Facility Pull 1 lin ft NRC Facility Termination DSO Cable Connectorized per 100 pr NRC U nconnectorized per 1 00 pr NRC 42. DS1 Cable Connectorized per 28 pr NRC Unconnectorized per 28 pr NRC 32. DS3 (Coaxial) Cable Connectorized per OS3 NRC U nconnectorized per OS3 NRC 11. Fiber per fiber term NRC 70. Monthl Recurrin Prices Facility Termination OSO per 100 pr MRC OS1 per 28 pr MRC 16. OS3 per coaxial MRC 11. Cable Vault Space Fiber Cable - 48 fiber Space Utilization Fiber Cable - 96 fiber per subduct MRC per subduct MRC 1 lin ft MRC 1 lin ft MRC per innerduct ft MRC 1 lin ft MRC Space Utilization Cable Rack Space Metallic OSO Metallic OS 1 Fiber Coaxial Covista ID Comprehensive Ver2.8 -doc 195 Non-Recurrina Prices Engineering Costs Engineering/Major Augment Fee Equipment Installation Software Upgrades Card Installation DC Power Engineering Cable PulllTermination Ground Wire per occurrence NRC 557. per quarter rack NRC 3,474. per base unit NRC 96. per card NRC 222. per project NRC 75.43 per cable NRC 1341. per wire NRC 18. Facility Cable or Fiber Optic Patch cord PulllTerminationEngineering per projectFacility Cable Pull per cable run Fiber Optic Patchcord Pull per cable runOSO Cable Termination per 100 pairOS1 Cable Termination per 28 pair OS3 Coaxial Cable Termination per termination (Preconnectorized) OS3 Coaxial Cable Termination (Unconnectorized) Fiber Optic Patchcord Termination Fiber Cable Pull Engineering Place Innerduct Pull Cable Cable Fire Retardant Fiber Cable Splice Engineering Splice Cable BITS Timing per proj ect per fiber per project NRC 76. NRC 211. NRC 207. NRC NRC NRC NRC 11. NRC NRC 607. NRC NRC NRC 42. NRC 31. NRC 70. NRC 307. per termination per termination per project per lin ft per !in ft per occurrence Monthly Recurrina Prices Equipment Maintenance DC Power per quarter rack MRC 82. per load amp MRC 14. per load amp MRC per 100 pr MRC per 28 pr MRC 16. per OS3 MRC 11. per connector MRC per cable run MRC per innerduct ft MRC per cable run MRC Environmental Conditioning Facility Termination OSO OS1 OS3 Fiber Optic Patchcord Cable Rack Space - Metallic Cable Rack Space - Fiber Fiber Optic Patch cord Duct Space Covista ID Comprehensive Ver2.8 -doc 196 Elements Manhole Space - Fiber Subduct Space - Fiber Cable Vault Splice Fiber Cable - 48 Fiber Material Fiber Cable - 96 Fiber Material BITS Timing per splice MRC 10. per splice MRC 27. per occurrence MRC 11. Covista ID Comprehensive Ver2.8 -doc 197 Elements Non-Recurrina Prices Augment Fee Facility Pull Engineering Labor Building Penetration for Microwave Cable Special Work for Microwave Monthlv Recurrina Prices Rooftop Space Covista ID Comprehensive Ver2.8 -doc per occurrence NRC 998. per project NRC 76. per linear ft NRC per occurrence NRC 1GB per occurrence NRC 1GB per sq ft MRC 198 Non-Recurrina Prices DSO Service Order - Semi-Mechanized Service Order - Manual Service Connection - CO Wiring Service Connection - Provisioning per order NRC 21. per order NRC 38. per jumper NRC 7.20 per order NRC 64. per order NRC 21. per order NRC 38. per jumper NRC 17. per order NRC 78. 1GB DS1/DS3/Dark Fiber Service Order - Semi-Mechanized Service Order - Manual Service Connection - CO Wiring Service Connection - Provisioning lit Fiber Covista ID Comprehensive Ver2.8 -doc 199 l!i~IJAQI~li~~tt~t~iJ~m;~i1Jt!fSI~~Ii~Wl~~!~.. Elements Labor: Overtime Installation Labor Overtime Repair Labor Additional Installation Testing Labor Standby Labor Testing & Maintenance with Other Telcos, Labor Other Labor Labor Rates: Basic Time, Business Day, Per Technician First Half Hour or Fraction Thereof Each Additional Half Hour or Fraction Thereof Overtime, Outside the Business Day First Half Hour or Fraction Thereof Each Additional Half Hour or Fraction Thereof Prem.Time,Outside Business Day, Per Tech First Half Hour or Fraction Thereof Each Additional Half Hour or Fraction Thereof Cable Material Facility Cable-OSO Cable (Connectorized) 100 pair Facility Cable-OS1 Cable (Connectorized) Facility Cable-OS3 Coaxial Cable Fiber Optic Patchcord - 24 Fiber (Connectorized) Power Cable-Wire Power 1/0 Power Cable-Wire Power 2/0 Power Cable-Wire Power 3/0 Power Cable-Wire Power 4/0 Power Cable-Wire Power 350 MCM Power Cable-Wire Power 500 MCM Power Cable-Wire Power 750 MCM Facility Cable - Category 5 Connectorized Collocation Space Report Covista ID Comprehensive Ver2.8 -doc 200 per rates below per rates below per rates below per rates below per rates below per rates below NRC $42. NRC 21.41 NRC 100. NRC 75. NRC 150. NRC 125. per cable run NRC 324. per cable run NRC 301. per cable run NRC 82. per cable run NRC 810. per cable run NRC 91. per cable run NRC 132. per cable run NRC 146. per cable run NRC 180. per cable run NRC 307. per cable run NRC 428. per cable run NRC 658. per linear ft NRC per premise NRC 218. DESCRIPTION AND APPLICATION OF RATE ELEMENTS Non-Recurring Charges The following are non-recurring charges (one-time charges) that apply for specific work activity: Enaineerina/Maior Augment Fee. The EngineeringlMajor Augment Fee applies for each initial Caged , Cageless, Virtual, or Microwave collocation request and major augment requests for existing Caged, Cageless, and Virtual collocation arrangements. This charge recovers the costs of the initial walkthrough to determine if there is sufficient collocation space, the best location for the collocation area, what building modifications are necessary to provide collocation, and if sufficient OC power facilities exist in the premises to accommodate collocation. This fee also includes the total time for the Building Services Engineer and the time for the Outside Plant and Central Office Engineers to attend status meetings. Enaineerina/Maior Auament Fee (Microwave Onlv~The EngineeringlMajor Augment Fee for Microwave Collocation applies when an existing Caged and Cageless collocation arrangement is augmented with newly installed microwave antennae and other exterior facilities. This charge recovers the costs of the initial walkthrough to determine if there is sufficient space, the best location for the microwave antennae and other exterior facilities, what building modifications are necessary, if any, and if sufficient support facilities exist in the premises to accommodate the microwave antennae and other exterior facilities. This fee also includes the total time for the Building Services Engineer to coordinate the entire project. Minor Auament Fee. The Minor Augment Fee applies for each minor augment request of an Existing Caged, Cageless, Virtual, or Microwave collocation arrangement that does not require additional AC or OC power systems, HVAC system upgrades, or additional cage space. Minor augments are those requests that require the Company to perform a service or function on behalf of the CLEC including, but not limited to: installation of Virtual equipment cards or software upgrades, removal of Virtual equipment, requests to pull cable from exterior microwave facilities and requests to terminate OSO, OS1 and OS3 cables. Access Card Administration. The Access Card Administration rate covers activities associated with the issuance and management of premises access cards. The rate is applied on a per card basis. Caae Groundina Bar. The Cage Grounding Bar rate recovers the material and labor costs to provision a ground bar, including necessary ground wire, in the collocator s cage. BITS Timina. The non-recurring charge for BITS Timing includes engineering, materials, and labor costs to wire a BITS port to the CLEC's equipment. If requested, it is applied on a per project basis. Overhead Superstructure. The Overhead Superstructure charge is applied for each initial caged and cageless collocation application. The Overhead Superstructure charge is designed to recover Verizon s engineering, material, and installation costs for extending dedicated overhead superstructure. Facility Cable or Fiber Optic Patchcord PulllTermination-Enaineerina. The Facility Cable or Fiber Optic Patchcord Pull/Termination-Engineering charge is applied per project to recover the engineering costs of pulling and terminating the interconnection wire (cable or fiber patchcord) from the collocation cage or relay rack to the Main Oistribution Frame block, OSX panel , or fiber distribution panel. The charge would also apply per project to recover the engineering costs of pulling transmission cable from microwave antennae facilities on the rooftop to the collocation cage or relay rack. Covista ID Comprehensive Ver2.8 -doc 201 Facilitv Pull . The Facility Pull charge is applied per cable run and recovers the labor cost of pulling metallic cable or fiber optic patchcord from the collocation cage or relay rack to the Main Oistribution Frame block, OSX panel, or fiber distribution panel. Cable Termination. The Cable Termination charge is applied per cable or fiber optic patchcord terminated and is designed to recover the labor cost of terminating or disconnecting transmission cable or fiber optic patch cord from the collocation cage or relay rack to the Main Oistribution Frame block, OSX panel, or fiber distribution panel. Fiber Cable Pull-Enqineerinq. The Fiber Cable Pull-Engineering charge is applied per project to cover the engineering costs for pulling the CLEC's fiber cable, when necessary, into Verizon central office. Fiber Cable Pull-Place Innerduct The Fiber Cable Pull-Place Innerduct charge is applied per linear foot to cover the cost of placing innerduct. Innerduct is the split plastic duct placed from the cable vault to the CLEC's equipment area through which the CLEC's fiber cable is pulled. Fiber Cable Pull-Labor. This charge is applied per linear foot and covers the labor costs of pulling the CLEC's fiber cable into Verizon s central office. Fiber Cable Pull-Fire Retardant.This charge is associated with the filling of space around cables extending through walls and between floors with a non-flammable material to prevent fire from spreading from one room or floor to another. Fiber Optic Patchcord Termination.The Fiber Optic Patchcord Termination is applied per fiber cable termination and recovers the labor cost to terminate the fiber optic patchcord cable. Fiber Solice-Enqineerinq. The Fiber Splice-Engineering charge is applied per project and covers the engineering costs for fiber cable splicing projects. Fiber Splice. The Fiber Splice charge is applied per fiber cable spliced and recovers the labor cost associated with the splicing. OC Power.Non-recurring charges for OC Power are applied for each caged , cageless, and virtual collocation application and major OC Power augments to existing arrangements. These charges recover Verizon s engineering and installation costs for pulling and terminating OC power cables to the collocation area. For initial applications , each OC Power feed will require two (2) cables. Cable Material Charqes. The CLEC has the option of providing its own cable or Verizon may, at the CLEC's request, provide the necessary transmission and power cables for caged, cageless and virtual collocation arrangements. If Verizon provides these cables, the applicable Cable Material Charge will be charged. Adjacent Enqineerinq Fee. The Adjacent Engineering Fee provides for the initial activities of the Central Office Equipment Engineer, Land & Building Engineer and the Outside Plant Engineer associated with determining the capabilities of providing Adjacent On-Site collocation. The labor charges are for an on-site visit, preliminary investigation of the manhole/conduit systems, wire center and property, and contacting other agencies that could impact the provisioning of adjacent collocation. Adiacent Facilitv Pull-Labor. This charge covers the labor of running the interconnection wire (cable) from the main distribution frame connector to a termination block or OSX panel. Adiacent Fiber Cable Termination.This charge covers the labor of terminating fiber cable for adjacent collocation to the main distribution frame block or OSX panel. Covista ID Comprehensive Ver2.doc 202 Collocation SDace ReDort. When requested by a CLEC , Verizon will submit a report that indicates Verizon s available collocation space in a particular premise. The report will be issued within ten calendar days of the request. The report will specify the amount of collocation space available at each requested premise, the number of collocators, and any modifications in the use of the space since the last report. The report will also include measures that Verizon is taking to make additional space available for collocation. Miscellaneous Services Labor.Additional labor, if required, by Verizon to complete a collocation request, disconnect collocation power cables, remove collocation equipments, or perform inventory services for CLECs. Facility Pull (Microwave Only). The Facility Pull charge is applied per linear foot and recovers the labor cost of pulling transmission cable from the microwave antennae and other exterior facilities on the rooftop to the transmission equipment in the collocation cage or relay rack. Buildina Penetration for Microwave Cable. The reasonable costs to penetrate buildings for microwave cable to connect microwave antennae facilities and other exterior facilities to the transmission equipment in the collocation cage or relay rack will be determined and applied on an individual case basis, where technically feasible, as determined by the initial and subsequent Engineering surveys. SDecial Work for Microwave. The costs incurred by Verizon for installation of CLEC's microwave antennae and other exterior facilities that are not recovered via other microwave rate elements will be determined and applied on an individual case basis. Virtual EauiDment Installation. The Virtual Equipment Installation charge is applied on a per quarter rack (or quarter bay) basis and recovers the costs incurred by Verizon for engineering and installation of the virtual collocation equipment. This charge would apply to the installat ion of powered equipment including, but not limited to, ATM , OSLAM , frame relay, routers, OC3, OC12, OC24 OC48, and NGOLC. This charge does not apply for the installation of splitters. Virtual Software UDgrade. The Virtual Software Upgrade charge is applied per base unit when Verizon, upon CLEC request, installs software to upgrade equipment for an existing Virtual Collocation arrangement. Virtual Card Installation. The Virtual Card Installation charge is applied per card when Verizon, upon CLEC request, installs additional cards for an existing Virtual Collocation arrangement. Oedicated Transit Service (OTS) Service Order Charge. Applied per OTS order to the requesting CLEC for recovery of OTS order placement and issuance costs. The manual charge applies when the semi-mechanized ordering interface is not used. Oedicated Transit Service (OTS) - Service Connection CO Wiring. Applied per OTS circuit to the questing CLEC for recovery of OTS jumper material , wiring, service turn-up for OSO, OS 1 , OS3 and dark fiber circuits. Oedicated Transit Service (OTS) - Service Connection Provisioning. Applied per OTS order to the request CLEC for recovery of circuit design and labor costs associated with the provisioning of OSO OS 1 , OS3, and dark fiber circuits for OTS. Covista ID Comprehensive Ver2.8 -doc 203 Monthly Recurring Charges The following are monthly charges. Monthly charges apply each month or fraction thereof that Collocation Service is provided. Caaed Floor Soace. Caged Floor Space is the cost per square foot to provide environmentally conditioned caged floor space to the CLEC. Environmentally conditioned space is that which has proper humidification and temperature controls to house telecommunications equipment. The . cost includes only that which relates directly to the land and building space itself. Relav Rack Floor Soace.The Relay Rack Floor Space charge provides for the environmentally conditioned floor space that a relay rack occupies based on linear feet. The standardized relay rack floor space depth is based on half the aisle area in front and back of the rack, and the depth of the equipment that will be placed within the rack. Cable Subduct Soace-Manhole. This charge applies per project per month and covers the cost of the space that the outside plant fiber occupies within the manhole. Cable Subduct Soace. The Subduct Space charge covers the cost of the subduct space that the outside plant fiber occupies and applies on a per linear foot basis. Fiber Cable Vault Solice. The Fiber Cable Vault Splice charge applies per splice and covers the space and material cost associated with the CLEC's fiber cable splice within Verizon s cable vault. Cable Rack Soace-Metallic. The Cable Space-Metallic charge is applied for each OSO, OS1 and OS3 cable run. The charge is designed to recover the space utilization cost that the CLEC' metallic and coaxial cable occupies within Verizon. Cable Rack Soace-Fiber. The Cable Rack Space-Fiber charge recovers the space utilization cost that the CLEC's fiber cable occupies within Verizon s cable rack system. Fiber Ootic Patchcord Ouct Soace. The Fiber Optic Ouct Space rate element is applied per cable run and recovers the cost for the central office duct space occupied by the fiber optic patchcord cable. OC Power.The OC Power monthly charge is applied on a per load amp basis with a 10 amp minimum for each caged, cageless, and virtual collocation arrangement. This charge is designed to recover the monthly facility and utility expense to power the collocation equipment. Facility Termination. This charge is applied per cable terminated. This charge is designed to recover the labor and material costs of the applicable main distribution frame 100 pair circuit block, OSX facility termination panel, or fiber distribution panel. BITS Timina. The BITS Timing monthly charge is designed to recover equipment and installation cost to provide synchronized timing for electronic communications equipment. This rate is based on a per port cost. Building Modification. The Building Modification monthly charge is applied to each caged and cage less arrangement and is associated with provisioning the following items in Verizon premises: security, dust partition , ventilation ducts, demolitionlsite work, lighting, outlets, and grounding equipment. Environmental Conditioning. The Environmental Conditioning charge is applied to each caged cageless, and virtual arrangement on a per load amp increment (10 amp minimum) based on the Covista ID Comprehensive Ver2.8 -doc 204 CLEC's OC Power requirements. This charge is associated with the provisioning of heating, ventilation , and air conditioning systems for the CLEC's equipment in Verizon s premises. Adiacent Cable Vault SDace. The Adjacent Cable Vault Space charge covers the cost of the space the CLEC's cable occupies within the cable vault. The charge is based on the diameter of the cable or subduct. Adjacent Cable Rack SDace. This charge covers the space utilization cost that the CLEC's fiber metallic or coaxial cable occupies within the cable rack system. The charge is based on the linear feet occupied. Microwave RooftoD SDace. Microwave Rooftop Space is the cost per square foot to provide rooftop space to the CLEC for microwave antennae and other exterior facilities. The cost includes only that which relates directly to the land and building space itself. Virtual EauiDment Maintenance.The Virtual Equipment Maintenance charge is applied on a per quarter rack (or quarter bay) basis and recovers the costs incurred by the Company for maintenance of the CLEC's virtual collocation equipment. This charge would apply to the maintenance of equipment including, but not limited to, ATM, OSLAM, frame relay, routers, OC3, OC12, OC24 OC48, and NGOLC. This charge does not apply for the maintenance of splitters. Covista ID Comprehensive Ver2.8 -doc 205 EXHIBIT A TO SECTION (FIBER MEET ARRANGMENT) OF THE INTERCONNECTION ATTACHMENT Technical Specifications and Requirements for Covista - VERIZON NORTHWEST INC. Fiber Meet Arrangement No. (XX) The following technical specifications and requirements will apply to Covista - Verizon Norttwest Inc. Fiber Meet Arrangement (NUMBER) ("FM No. (XX)"): FM No. (XX) will provide interconnection facilities for the exchange of applicable traffic (as set forth in the Amendment) between Verizon s (NAME OF WIRE CENTER/CENTRAL OFFICE) and Covista s (NAME OF SWITCH/WIRE CENTER/CENTRAL OFFICE) in the the State of Idaho. A diagram of FM No. (XX) is included as Exhibit A- Fiber Meet Points ("FMPs FM No. (XX) will be configured as shown on Exhibit A-1. FM No. (XX) will have two FMPs. Neither FMP is more than three (3) miles from the nearest Verizon Wire Center. Verizon will provision a Fiber Network Interface Oevice ("FNIO") at (POLE XX STREET YY, TOWN ZZ, STATE) and terminate L-J strands of its fiber optic cable in the FNIO. The FNIO provisioned by Verizon will be a (MANUFACTURER, MOOEL). Verizon will bear the cost of installing and maintaining its FNIO. The fiber patch panel within Verizon s FNIO will serve as FMP No.1. Verizon will provide a fiber stub at the fiber patch panel in Verizon FNIO for Covista to connect L-J strands of its fiber cable L-J connectors. Verizon s FNIO will be locked, but Verizon and Covista will have 24 hour access to their respective side of the fiber patch panel located in Verizon s FNIO. Covista will provision a FNIO at (POLE XX, STREET YY, TOWN ZZ, STATE) and terminate L-J strands of its fiber optic cable in the FNID. The FNIO provisioned by Covista will be a (MANUFACTURER, MOOEL). Covista will bear the cost of installing and maintaining its FNIO. The fiber patch panel within Covista s FNIO will serve as FMP No.2. Covista will provide a fiber stub at the fiber patch panel in Covista s FNIO for Verizon to connect L-J strands of its fiber cable. Covista s FNIO will be locked, but Covista and Verizon will have 24 hour access to their respective side of the fiber patch panel located in Covista FNIO. Transmission Characteristics. FM No. (XX) will be built (as a ring configuration). The transmission interface for FM No. (XX) will be (Synchronous Optical Network ("SONET")). Covista ID Comprehensive Ver2.8 -doc 206 Terminating equipment shall comply with (SONET transmission requirements as specified in Telcordia Technologies document GR-253 CORE (Tables 4-3 through 4-11)). 3.4 The optical transmitters and receivers shall provide adequate power Dr the end- to-end length of the fiber cable to be traversed. The optical transmission rate will be (Unidirectional) OC-(XX). The path switch protection shall be set as (Non-Revertive). Verizon and Covista shall provide (Primary Reference Source traceable timing). Add Orop Multiplexer, Verizon will, at its own cost, obtain and install (at its own premise) its own Add Orop Multiplexer. Verizon will use a (MANUFACTURER, MOOEL) Add Orop Multiplexer with firmware release of (XX) at the network level. Before making any upgrade or change to the firmware of its Add Orop Multiplexer, Verizon must provide Covista with fourteen (14) days advance written notice that describes the upgrade or change to its firmware and states the date on which such firmware will be activated in Verizon s Add Orop Multiplexer. Covista will , at its own cost, obtain and install (at its own premise) its own Add Orop Multiplexer. Covista will use a (MANUFACTURER, MOOEL) Add Orop Multiplexer with firmware release of (XX) at the network level. Before making any upgrade or change to the firmware of its Add Orop Multiplexer, Covista must provide Verizon with fourteen (14) days advance written notice that describes the upgrade or change to its firmware and states the date on which such firmware or software will be activated in Covista s Add Orop Multiplexer. Covista and Verizon will monitor all firmware upgrades and changes to observe for any failures or anomalies adversely affecting service or administration. If any upgrade or change to firmware adversely affects service or administration of FM No. (XX), the firmware will be removed from the Add Orop Multiplexer and will revert to the previous version of firmware. 4.4 The Oata Communication Channel shall be disabled between the Verizon and Covista Add Orop Multiplexers of FM No. (XX). Testino Prior to turn-up of FM No. (XX), Verizon and Covista will mutually develop and implement testing procedures for FM No. (XX) Connectino Facilitv Assionment ("CFA") and Slot Assionment Allocation ("SAA" For one-way and two-way trunk arrangements, the SAA information will be turned over to Covista as a final step of turn up of the FM No. (XX). For one-way trunk arrangements, Verizon will control the CFA for the subtending facilities and trunks connected to Verizon s slots and Covista will control the CFA for the subtending facilities and trunks connected to Covista s slots. Covista will place facility orders against the first half of the fully configured slots (for example slots 1-6 of a fully configured OC12) and Verizon will place orders against the Covista ID Comprehensive Ver2.8 -doc 207 second half of the slots (for example, slots 7-12). If either Party needs the other Party's additional slot capacity to place orders, this will be negotiated and assigned on a case-by-case basis. For SAA, Verizon and Covista shall jointly designate the slot assignments for Verizon s Add Orop Multiplexers and Covista Add Orop Multiplexer in FM No. (XX). For two-way trunk arrangements, Covista shall control the CFA for the subtending facilities and trunks connected to FM No. (XX). Covista shall place facility and trunk orders against the total available SAA capacity of FM No. (XX). Inventorv. Provisionina and Maintenance. Surveillance. and Restoration Verizon and Covista will inventory FM No. (XX) in their operational support systems before the order flow begins. Verizon and Covista will notify each other s respective Maintenance Control Office of all troubleshooting and scheduled maintenance activity to be performed on FM No. (XX) facilities prior to undertaking such work, and will advise each other of the trouble reporting and maintenance control point contact numbers and the days and hours of operation. Each Party shall provide a timely response to the other Party s action requests or status inquiries. Verizon will be responsible for the provisioning and maintenance of the FM No. (XX) transport facilities on Verizon s side of the FMPs, as well as delivering its applicable traffic to the FMPs. Covista will be responsible for the provisioning and maintenance of the FM No. (XX) transport facilities on the Covista s side of the FMPs, as well as delivering its applicable traffic to the FMPs. As such, other than payment of any applicable intercarrier compensation charges pursuant to the terms of the Agreement, neither Party shall have any obligation to pay the other Party any charges in connection with FM No. (XX). 7.4 Verizon and Covista will provide alarm surveillance for their respective FM No. (XX) transport facilities. Verizon and Covista will notify each other s respective maintenance control office of all troubleshooting and scheduled maintenance activity to be performed on the facility prior to undertaking such work, and will advise each other of the trouble reporting and maintenance control point contact numbers and the days and hours of operation. Cancellation or Modification of FM No. rXX1 Except as otherwise provided in this Section 8, all expenses and costs associated with the construction , operation, use and maintenance of FM No. (XX) on each Party s respective side of the FMPs will be borne by such Party. If either Party terminates the construction of the FM No. (XX) before it is used to exchange traffic, the Party terminating the construction of FM No. (XX) will compensate the other Party for that Party s reasonable actual incurred construction andlor implementation expenses. If either Party proposes to move or change FM No. (XX) as set forth in this document, at any time before or after it is used to exchange traffic, the Party requesting the move or change will compensate the other Party for that Party reasonable actual incurred construction andlor implementation expenses. Augments, moves and changes to FM No. (XX) as set forth in this document must be mutually agreed upon by the Parties in writing. Covista ID Comprehensive Ver2.8 -doc 208 COVISTA, INC. By: Oate: Covista ID Comprehensive Ver2.8 -doc VERIZON NORTHWEST INC. 209 By: Oate: Exhibit A- Covista - Verizon Northwest Inc. Fiber Meet Arrangement No. (XX) City, State Covista ID Comprehensive Ver2.8 -doc 210